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14 - Zoning Amendment from One-Family Dwelling District 2 to Multiple Family Dwelling District 2 - Block 311 Part of Lot 11 - 3500 Clarksville StreetI Item No. 14 Memorandum 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 Mike Clark/Springlake Baptist Church for a zoning change from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 2 (MF - 2) in the City of Paris, Block 311, Part of Lot 11 (6.9 acres), located at 3500 Clarksville Street, LCAD 102295. MTG. DATE: June 26, 2023 BACKGROUND The applicant has requested a rezoning change from SF -2 to MF -2. At its May 22, 2023 meeting the item was continued to June 26th meeting for the FLUM amendment. The proposed use of the property is for apartments and/or possibly rental duplexes and townhomes. The subject property contains approximately 6.9 acres and along the front portion of the property on the street side of the adjoining church property are transmission wires running roughly parallel to Clarksville Street. The property is being re -guided from Office to High Density Residential in support of this zoning change. Therefore this zoning action will be in accordance with the city's comprehensive plan. At its 6/5/23 meeting, the P&Z unanimously recommended approval. ANALYSIS The subject property is zoned SF -2, is being re -guided for HDR (MF -2) and contains vacant undeveloped land around the existing developed church on approximately 2 % acres of the 6.9 acres leaving about 4 2/3rds acres for new residential. The property backs up to the Trail de' Paris and is ideally suited for High Density Residential (HDR) development as supported by Staff. • The land to the West is zoned Planned Development (PD), is guided for Office, and contains high density residential. An update to the FLUM should occur based upon existing land use. • The land to the North is zoned SF -2 across Clarksville, is guided for Low Density Residential (LDR), and are single-family residences. • The land to the East is zoned PD, is guided for Office, and contains high density residential. An update to the FLUM should occur based upon existing land use. • The land to the Southeast across the trail is all Zoned Agriculture (AG). The land to the Southwest across the trail is all Zoned PD for the new Forestbrook Estates. Both properties are guided for LDR and the land is undeveloped. RECOMMENDATION It is recommended that the Council first re -open and continue the public hearing from the May 22, 2023 meeting. P&Z and Staff recommends approval of the rezoning from a One -Family Dwelling District No. 2 (SF -2) to Multiple -Family Dwelling District No. 2 (MF -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 REZONE CITY OF PARIS BLOCK 311, PART OF LOT 11 (6.9 ACRES), LOCATED AT 3500 CLARKSVILLE STREET (LCAD 102295), FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 2 (MF -2); 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 311, Part of Lot 11 (6. 9 acres), located at 3500 Clarksville Street (LCAD 102295), from a One - Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 2 (MR -2); and WHEREAS, on May 1, 2023, following notice and publication as required by law, the Planning and Zoning Commission convened a public hearing on the proposed amendments and continued same until June 5, 2023; and WHEREAS, on May 22, 2023, following notice and publication as required bylaw, the City Council of the City of Paris convened a public hearing in the proposed amendment and continued same until June 26, 2023; and WHEREAS, on June 5, 2023 the Planning and Zoning Commission reconvened said 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 June 26, 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 would be 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 311, Part of Lot 11 (6.9 acres), located at 3500 Clarksville Street (LCAD 102295), from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 2 (MR -2). 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 June, 2023, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney