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23 - Zoning from General Retail to Two-Family Dwelling - Block 112 Lot 25A - LCAD 15752 - 1355-1357 E. Sherman-PARIS TEXAS Memorandum Item 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 George Preston for a change in zoning from a General Retail District (GR) to Two - Family Dwelling District (2F) in the City of Paris, Block 112, Lot 25A, LCAD 15752, located at 1355-1357 E Sherman Street. MTG. DATE: September 25, 2023 BACKGROUND The applicant requested a rezoning change from GR to 2F. There is a plan to construct a new two-family structure on the undeveloped lot. The Future Land Use Map (FLUM) guides the property for Low Density Residential (LDR). This single parcel rezoning accommodates a change in zoning for a two-family dwelling without the need for amendment to the FLUM. P&Z recommended approval of the rezone and final plat at its meeting held on 9/7/23. The property plat approval is following lot depth and front yard setback variances by the BOA given on 9/5/23 with 2 conditions. They were as follows: 1. All minimum required off-street parking spaces in the driveway areas shall be met and such dimensions shall be located entirely upon the lot. 2. There shall be no on -street resident or visitor parking allowed along the West side of 14th St. SE nor the North side of Sherman St. E so as to prevent driver sight obstructions along the sharp curve of this roadway. This is subject to approval by the City of a "No Parking" zone at this location and signage posted at the expense of the applicant. ANALYSIS The subject property is zoned General Retail, is guided for Low Density Residential and is an undeveloped lot. • The land to the West is zoned General Retail, is guided for Low Density Residential and is a single-family residence. • The land to the North is zoned General Retail, is guided for LDR, and is Kroger's Grocery Store. • The land to the East is zoned 2F, is guided for LDR and is an undeveloped lot. Page 1 of 2 • The land to the South is Zoned 2F, is guided for LDR and is an undeveloped lot. The change in zoning will be consistent with the FLUM for a single lot rezoning. The two-family residential use of the lot will serve as an appropriate transitional land use between the commercial / general retail land uses to the North and future potential development to the SE. The approved variances by the City's Board of Adjustment incorporated on -street parking restrictions, subject to approval by the Traffic Commission and City Council, to address safety concerns for the sharp roadway curve. This location received a reduced roadway speed restriction to 20 MPH by the Council. RECOMMENDATION The P&Z and Staff recommends approval for the rezoning from General Retail (GR) to a Two - Family Dwelling District (2F) 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 REZONE CITY OF PARIS BLOCK 112, LOT 25A, LOCATED AT 1355-1357 EAST SHERMAN STREET (LCAD 15752), FROM A GENERAL RETAIL DISTRICT (GR) TO A TWO-FAMILY DWELLING DISTRICT NO.2 (217); 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 112, Lot 25A, located at 1355-1357 East Sherman Street (LCAD 15752), from a General Retail District (GR) to a Two -Family Dwelling District (2F); and WHEREAS, on September 7, 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 September 25, 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 112, Lot 25A, located at 1355-1357 East Sherman Street (LCAD 15752), from a General Retail District (GR) to a Two -Family Dwelling District (2F). 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 25th day of September, 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