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22 - Zoning Amendment - Commercial to Two-Family Dwelling - Block 170-C Lot 12 - 2296 SE 3rd StreetItem No. 22 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Adam Bolton on behalf of Austin Sugg for a change in zoning from a Commercial District (C) to a Two -Family Dwelling District (2F) in the City of Paris, Block 170-C, Lot 12, located at 2296 SE 3rd Street- LCAD 71599. DATE: April 25, 2022 BACKGROUND & DISCUSSION Austin Sugg is requesting rezoning of the subject property in order to construct two duplexes on the lot which would involve a subdivision approval, if the zoning change is approved. At its meeting held on April 4, 2022, the Planning & Zoning Commission unanimously recommended approval of the rezoning request following their same approval of the Minor Amendment to the Comprehensive Plan to the City Council. No one expressed opposition to either the proposed changes to the Future Land Use Map (FLUM) to residential or the rezoning change to Two Family Dwelling District. ANALYSIS The subject property is zoned Commercial (C), is guided for Commercial and is a vacant lot. • The land to the West is zoned C, is guided for Commercial, and is a single-family residence • The land to North is Zoned C, is guided for Commercial, and is a single-family residence. • The land to the East is zoned C, is guided for both Public Lands and Institutions & Low Density Residential, and is a cemetery on the north side and a radio transmitter station on the south side. • The land to the South is Zoned Commercial, is guided for Commercial, and is a single-family residence. Staff was initially concerned with changing zoning to 2F because it would create an isolated lot within the contiguous Commercial Zoning District on the West side of the SE 3`d Street without first changing the Future Land Use Map (FLUM). This would incorporate changes to the FLUM guiding development for Low Density Residential. Without such changes to the FLUM, even small increases in residential density would be considered inappropriate or non -compatible land uses with future commercial development. Especially now with recent changes to the Zoning Ordinance which no longer allows residential uses to be constructed in commercial zoning districts without going through an SUP zoning process, including required public hearings. It would also possibly be perceived as `Spot Zoning.' Spot Zoning' is defined as: "The process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners. " r `Spot zoning' is an inappropriate exercise of sound planning & zoning practice for a land use zoning authority. The applicant has also made application to change the FLUM to Low Density Residential. This was the first request considered favorably by the P&Z before deciding upon the recommended zoning change. Discussion on the future land uses of the surrounding properties, not just the applicant's single lot, were first considered by the Commission. What complicated this analysis is the fact that all existing land uses along this street are currently single family. Further objection due to new duplexes being constructed could be perceived as an incompatibility with these residences, but will be unknown until the second round of notices are sent out for the May hearing. If however, Council is inclined to change the FLUM to Low Density Residential in May as per the P&Z recommendation for the additional properties with the rezoning, then Staff is in full support of the zoning change to 2F for this one lot. No other changes in the zoning ma are being proposed with the City's initiation of the FLUM changes in May. They will go through the same public hearing process. RECOMMENDATION Staff recommends approval of this request of from a Commercial District (C) to a Two -Family Dwelling District (217). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO.1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS BLOCK 170-C, LOT 12, LOCATED AT 2296 SE 3RD STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A TWO- FAMILY DWELLING DISTRICT (217); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City of Paris Block 170-C, Lot 12, located at 2296 SE 3rd Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Two -Family Dwelling District (2F); and, WHEREAS, on April 4, 2022, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on April 25, 2022, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone City of Paris Block 170-C, Lot 12, located at 2296 SE 3rd Street, in the city of Paris, Lamar County, Texas, from a Commercial District (C) to a Two -Family Dwelling District (217). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing abating, modifying, or altering any _i V_rfp�" J"I g.1uing or to 2c Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with continuance of any violation of the ab ove- enumerated sections shall constitute and be deemed a separate offense. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney