24 - One-Family Dwelling to a Two-Family Dwelling - Gibbons-Braden Addition Block 16 Lots 4-6 LCAD 103421-23 - 1121 S.E. 17th StreetTEXAS
Memorandum Item No. 24
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 Zachary
Bergenholtz/Invest Fannin, LLC for a change in zoning from a One -Family
Dwelling District (SF -2) to a Two -Family Dwelling District (217) in the
Gibbons -Braden Addition, Block 16, Lots 4,5,6, LCAD 103421, 103422 and
103423, located at 1121 SE 17th Street.
MTG. DATE: September 25, 2023
BACKGROUND
The applicant requested a rezoning change from SF -2 to 2F. There is a plan to construct a new
two-family structure on the undeveloped lot. The property is seeking approval of a replat. This
includes a review for a floodway determination. The Future Land Use Map (FLUM) anticipates
a single lot change for a two-family dwelling without the need for amendment. At its meeting
on 9/7/23 the P&Z recommended approval of the rezoning.
ANALYSIS
The subject property is zoned SF -2, is guided for Low Density Residential and is an undeveloped
lot.
• The land to the West is zoned 2F, is guided for Low Density Residential and are single-family
residences.
• The land to the North is zoned SF -2, is guided for LDR, and is a single-family residence.
• The land to the East across the creek is zoned SF -2, is guided for LDR and is a single-family
residence.
• The land to the South is Zoned SF -2, is guided for LDR and is an undeveloped lot also in the
flood plain.
The change in zoning will be consistent with the FLUM. The two-family residential use of the
lot will serve as an appropriate land use for the new development of this immediate block
containing a number of deteriorated single family dwellings. There will be substantial increased
cost to elevate a new structure out of the flood plain on this lot and the small increase in density
for the parcel will provided needed site feasibility for new construction on this property.
RECOMMENDATION
P&Z and Staff recommends approval for the rezoning from a One -Family Dwelling District (SF -
2) to a Two -Family Dwelling District (217).
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 BLOCK 16, LOTS 4,5, AND
6, GIBBONS-BRADEN ADDITION, LOCATED AT 1121 SE 17TH STREET
(LCAD 103421, 103422, AND 103423), FROM A ONE -FAMILY DWELLING
DISTRICT (SF -2) 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 Block 16, Lots 4,5, and 6,
Gibbons -Braden Addition, located at 1121 SE 17th Street (LCAD 103421, 103422, and
103423), from a One -Family Dwelling District (SF -2) to a Two -Family Dwelling District (217);
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 Block 16, Lots 4,5, and 6, Gibbons -Braden Addition, located at 1121 SE 17th Street
(LCAD 103421, 103422, and 103423), from a One -Family Dwelling District (SF -2) to a Two -
Family Dwelling District (217).
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 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