18 - Zoning Amendment from Agricultural to Multiple-Family Block 317 Lot PT 5 - 4065 Pine Mill Road (2)Item No. 18
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 Brian
Wintermute on behalf of Evan Butler for a change in zoning from an Agricultural
District (A) to a Multiple -Family District No. 2 (MF -2) in the City of Paris, Block
317, Lot PT of 5, A208 Crow Survey, LCAD 126663, located at 4065 Pine Mill
Rd.
DATE: November 14, 2022
BACKGROUND
The applicant requested a rezoning change from A to MF -2 to permit the demolition of an existing
dilapidated storage building and the construction of a new quadraplexes. Staff has review a rough sketch
drawing showing this as an intended use of the property.
ANALYSIS
The subject property is zoned A, is guided for Low Density Residential and contains a vacant single-family
residence.
• The land to the West is zoned 2F, is guided for Low Density Residential and contains is undeveloped.
• The land to the North is zoned A, is guided for Low Density Residential, and is an undeveloped gravel
Pit.
• The land to the East is zoned LI, is guided for Medium Density Residential and contains an apartment
townhomes.
• The land to the South is Zoned A, is guided for Low Density Residential and is a Fire/EMS Station.
The change in zoning will be consistent with the Comprehensive Plan, if approved for
amendment. The proposed residential use of the property is consistent with the existing residential
character and uses in this immediate street area. The change in zoning will permit the construction
of the needed new residential housing in the community.
INPUTS
Two inputs have been received in objection to the proposed change in zoning. Objections were
also voiced by nearby single-family owners at the P&Z public hearing.
RECOMMENDATION
At its 11/7/22 meeting, the P&Z unanimously recommended approval of the request.
Staff recommends approval of the requested change in zoning from A to MF -2.
I
INPUT FORM
SUBJECT PROPERTY; 4065 Pine Mill Rd; LCAD 12663
Proposed Comprehensive Plan Amendment and Zoning Change
Place a ehock mark on the appropriate line below:
0 1 am in favor of the request.
I am opposed to the request.,
CITY OF PARIS
OCT 31122 Aml1:4E
Provide any additional information concerning.your support or oppositti-on to the request.
I am.OPP.OSED.to the zoning change for the following reasons:
The drainage ditch that runs between Parcel 126663 and the existing houses on Castlegate Dr. can hardly keep up with water runoff during
rainstorms now. Water often backs. up into residents yards. Additional houses and paving .will exacerbate this issue.
It appears that .the entrance and exit to this development would be in a curve of the road would have a negative impact on traffic safety.
A change to High Density Residential would decrease property values of existing houses in the area.
Respondentlnfortnation (Print legibly)
Fast Name..mm
Josh
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710
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Paris
State
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TX
75_462
Phone
(903) 715-9816 ,
is provided. for your convenience but isnot
Submit form to the:address below no later than November, 044 2022;
Community Development
Attu.; T'riniti Frazier
150 SE 1, Street
Paris; Teras 75466
Email: tfrazier&aristexas.goy
P. 0. BOX 9037 4 PARIS. TEW 75461-9D37 (903) 984-9234 FAX (90.,3) 78444798
SUBJECT PROPERTY: 4065 Pine Mill Rd, LCAD 12663
Proposed Comprehensive Plan Amendment and Zoning Change
Place a check mark on the appropriate line below:
❑ I am in favor of the request.
V I am opposed to the request.
Provide any additional information concerning your support or opposition to the request.
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Submit form to the address below no later than November 04, 2022:
Community Development
Attn: Triniti Frazier
150 SE 1St Street
Paris, Texas 75460
Email: tfrazierna,paristexas.gov
P. 0. BOX 9037 PARIS, TEXAS 75461-9037 (903) 784-9234 FAX (903) 784-1798
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 CHANGE THE ZONING FROM AN
AGRICULTURAL DISTRICT (A) TO A MULTIPLE -FAMILY DISTRICT NO. 2
(MF -2) IN THE CITY OF PARIS, BLOCK 317, LOT PT OF 5, A208 CROW
SURVEY, LOCATED AT 4065 PINE MILL ROAD (LCAD 126663); 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 change the zoning from an
Agricultural district (A) to a Multiple -Family District No. 2 (MF -2) in the City of Paris, Block
317, Lot PT of 5, A208 Crow Survey, located at 4065 Pine Mill Road (LCAD 126663); and
WHEREAS, on November 7, 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 November 14, 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
change the zoning from an Agricultural district (A) to a Multiple -Family District No. 2 (MF -
2) in the City of Paris, Block 317, Lot PT of 5, A208 Crow Survey, located at 4065 Pine Mill
Road (LCAD 126663).
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 S. 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 B. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 14th day of November, 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