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22 - Zoning Amendment from One Family Dwelling to a Two-Family Dwelling - Gibbons Braden Addition Block 5 Lot 1 4-A & 5 - LCAD 11558Item No. 22 Memorandum TO: Mayor, Mayor Pro Tern and City Council Grayson Path, City Manager FROM: Andrew Mack, AICD Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Kevin Clarkson for a change in zoning from a One -Family Dwelling District No. 3 (SF -3) to a Two -Family Dwelling District (2F) in the Gibbons -Braden Addition, Block 5, Lot 4-A & 5, LCAD 115 5 8, located at 1. 244 SE 141h S treet. DATE: November 14, 2022 The applicant requested a rezoning change from SF -3 to 2F to permit the construction of a new duplex. Platting of the property is also currently underway. The subject property is zoned SF -3, is guided for Low Density Residential and is a vacant lot. • The land to the West is zoned 217, is guided for Low Density Residential, and is a vacant lot, • The land to the North is zoned 2F, is guided for Low Density Residential, and is a vacant lot. • The land to the East is zoned 2F, is guided for Low Density Residential and is a single family home. • The land to the South is Zoned 2F, is guided for Low Density Residential and is single family home. 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 eliminate the spot zoning of SF -3 along this street. And the change in zoning will permit the construction of the needed new residential housing in the community. The site is in the 5 In 5 Infill Housing eligibility area. RECOMMENDATION At its meeting held on 11/7/22, the P&Z unanimously recommended approval of the request. Staff recommends approval of the requested change in zoning from SF -3 to 2F. 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 A ONE -FAMILY DWELLING NO. 3 (SF -3) TO A TWO-FAMILY DWELLING DISTRICT (217) IN THE GIBBONS-BRADEN ADDITION, BLOCK 5, LOTS 4-A AND 5, LOCATED AT 1244 S.E. 14TH STREET (LCAD 11558); 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 a One - Family Dwelling No. 3 (SF -3) to a Two -Family Dwelling District (217) in the Gibbons -Braden Addition, Block 5, Lots 4-A and 5, located at 1244 S.E. 14th Street (LCAD 11558); 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 a One -Family Dwelling No. 3 (SF -3) to a Two -Family Dwelling District (2F) in the Gibbons -Braden Addition, Block 5, Lots 4-A and 5, located at 1244 S.E. 14th Street (LCAD 11558). 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 8. 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