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23 - Zoning Amendment from One-Family to Multi-Family - Block 281 - Lot 6 - 1610 N.E. 15th StreetItem No. 23 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Mitch Milam, Texas Land Direct, LLC for a change in zoning from a One -Family Dwelling District No. 3 (SF -3) to a Multi -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 281, Lot 6, LCAD 18409, located at 1610 NE 15th Street. DATE: January 23, 2023 BACKGROUND The applicant requested a rezoning change from SF -3 to 2F, but withdrew the request and resubmitted the new application to rezone to MF -1. This new application was re -advertised with new notices mailed out to the neighborhood. This district would also permit the future construction of new duplexes and up to medium density residential. At its 12/5/22 meeting the P&Z recommended approval of the change in Future Land Use Map (FLUM) to medium density residential; and the council adopted the change on 12/12/22. At its meeting on 1/3/23 the P&Z recommended approval of the change in zoning to MF -1. There are however, no plans at this time to develop the site. In initial discussion with the applicant, there was interest expressed for entering the 5 In 5 Infill Housing Program and to potentially include the land to the South which is eligible for tax foreclosure. Several builders have expressed interest in the adjoining lot and it will be brought forward to the foreclosure sale by the City's Tax Attorney when feasible. The parcel fronts on an existing gravel road. Public works added fresh gravel to the road and the ditch was trimmed and mowed this year. ANALYSIS The subject property is zoned SF -3, is now guided for Medium Density Residential and is a vacant lot. • The land to the West is zoned SF -3, is guided for Low Density Residential, and are vacant lots. • The land to the North is zoned Commercial, is guided for Low Density Residential, and is a commercial automotive shop. • The land to the East is zoned SF -3, is guided for Low Density Residential and is a vacant lot and further south are single- family homes fronting on 17th St. NE. Page 1 of 2 • The land to the South is Zoned SF -3, is guided for Low Density Residential and is undeveloped. The change in zoning will be consistent with the previous FLUM amendment. The proposed medium density residential use of the property will serve as an appropriate transitional land use between more intensive commercial development to the north and single-family areas to the south. RECOMMENDATION Staff and the P&Z recommends approval for the rezoning from One -Family Dwelling District No. 3 (SF -3) to a Multi -Family Dwelling District No. 1 (MF -1). Page 2 of 2 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 DISTRICT NO. 3 (SF -3) TO A MULTI -FAMILY DWELLING DISTRICT NO. 1 (MF -1) IN THE CITY OF PARIS, BLOCK 281, LOT 6, LCAD 18409, LOCATED AT 1610 NE 15TH STREET; 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 District No. 3 (SF -3) to a Multi -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 281, Lot 6, LCAD 18409, located at 1610 NE 15th Street; and WHEREAS, on January 3, 2023, 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 January 23, 2023, 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 District No. 3 (SF -3) to a to a Multi -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 281, Lot 6, LCAD 18409, located at 1610 NE 151h Street. 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 23rd day of January, 2023, 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