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18 - Zoning Amendment form Commercial to Mult-Family Block 127 Part of Lot 3 800 Block of W. Kaufman StreetItem No. 18 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Discuss, conduct a public hearing, and act on an Ordinance considering the petition of Bruce Pearson for a change in zoning from a Commercial District (C) to a Multi -Family District No. 1 (MF -1) in the City of Paris, Block 127, Part of Lot 3, containing 125 ft. of LCAD 16081 +/- 0.84 acre (35,380 sf) located in the 800 Block of W. Kaufman Street. MTG. DATE: September 26, 2022 BACKGROUND The applicant requested a change in zoning from C to MF -1. Mr. Pearson indicated they would be planned for single story apartment units, but hasn't determined how many structures and units would fit on the property. The subject property is also proposed for a subdivision to divide the lot off of what has become a remodeled police garage remaining on the north portion of the parcel. Further details of the units will be provided at the platting stage. At its meeting held on 9/6/22 the P&Z recommended approval. ANALYSIS The subject property is zoned Commercial, is now guided for Medium Density Residential and contains an old animal shelter building. • The land to the West is zoned Commercial, is guided for Retail and contains the Coke Bottling Plant. • The land to the North is zoned Public Lands & Intuitions, is guided for Public Lands and Institutional and contains a vacant lot, the old police station building and former parking lean-to garage which is now a commercial shop. • The land to the East is zoned MF -1, is guided for low Residential and is a single family residence. • The land to the South is zoned both MF -1 & Office, is guided for Low Density Residential and is single family home and the Freedom Tabernacle Church Of God In Christ. RECOMMENDATION Staff recommends approval of the change in zoning from a Commercial District (C) to a Multi - Family District No. 1 (MF -1). 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 127, PART OF LOT 3, CONTAINING 125 FT. OF LCAD 16081 +/- 0.84 ACRE (35,380 SF) LOCATED IN THE 800 BLOCK OF W. KAUFMAN STREET, FROM A COMMERCIAL DISTRICT (C) TO A MULTI -FAMILY DISTRICT NO. 1 (MF - 1); 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 127, Part of Lot 3, containing 125 ft. of LCAD 16081 +/- 0.84 Acre (35,380 SF) located in the 800 Block of W. Kaufman Street from a Commercial District (C) to a Multi -Family District No. 1 (MF -1); and WHEREAS, on September 6, 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 September 26, 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 127, Part of Lot 3, containing 125 ft. of LCAD 16081 +/- 0.84 Acre (35,380 SF) located in the 800 Block of W. Kaufman Street from a Commercial District (C) to a Multi -Family District No.1 (MF -1). 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 penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. 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 provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -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. PASSED AND ADOPTED on this 26th day of September, 2022, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney