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22-Ordinance considering the request for a change in zoning CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By. Agenda Item No.: 05/13/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 22. 05/23/11 Development RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Mack Ross for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Multi-Family Dwelling District No. 2 (MF-2) on part of a 14 acre tract of land being part of the Joseph Leach Survey, being located in the 200 Block of 30th Street N.E. POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Mack Ross has requested that the zoning on the property located on part of a 14 acre tract of land being part of the Joseph Leach Survey, being located in the 200 Block of 30th Street N.E. be changed from a One-Family Dwelling District No. 2 (SF-2) to a Multi-Family Dwelling District No. 2 (MF-2). The Future Land Use Plan Map was denied therefore the Planning and Zoning Commission recommended denial of this request. BOARD/C.oMMISSION RECOMMENDATION: The Commission recommended denial of this request by a vote of 5-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: ! BUDGET INFO. ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation ® Ordinance YTD Actual $ ® Public Hearing ❑ Other Acct Name Acct Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 138 Draft s/attorney/ordwork/current/zoning 301h NE draft 4Item 22 5-23-11 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 LOT 3, BLOCK 294, PART OF THE JOSEPH LEACH SURVEY, PARIS, LAMAR COUNTY, TEXAS (LOCATED IN THE 200 BLOCK OF 30TH STREET NE, PARIS, TEXAS) AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM A ONE FAMILY DWELLING DISTRICT NO. 2 (SF-2) TO A MULTI 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 & Zoning Commission received an application to amend City Zoning Ordinance No. 1710, as heretofore amended, to rezone Lot 3, City Block 294, part of the Joseph Leach Survey, Paris, Lamar County, Texas (located in the 200 block of 30th Street NE, Paris, Texas) from a One Family Dwelling District No. 2 (SF-2) to a Multi Family Dwelling District No. 2 (MF-2). and, WHEREAS, on May 2, 2011, 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 deny the requested zoning amendment. WHEREAS, in accordance with Sec. 21-105 of City Zoning Ordinance and State Law, a three-quarter supermajority vote of the City Council of the City of Paris is required to approve a proposed zoning amendment that the Planning and Zoning Commission has recommended for denial; and WHEREAS, on May 23, 2011, 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 recommendation of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, voted _ Ayes and _ Nays to the proposing zoning amendment. 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. - 139 Section 2. 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 3. 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 4. 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 5. 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. 1-6 of Chapter One 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 6. That by a supermajority vote of _ ayes and _ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 7. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this May 23, 2011. Joe McCarthy, Mayor Pro Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 140 EXHIBIT "A" The proposed amendment to the Future Land Use Plan Map are as follows: Part of the Joseph Leach Survey and part of a 14 acre tract allotted to D.Y. Hearn in the partition deed between the heirs of E. Hearn and S. Hearn, deceased, of record in Book 69, Page 340 of the Deed Records of said County and State: BEGINNING at a stake on the West line of said 14 acre tract, the SWC of a 2 acre tract sold by D.Y. Hearn and wife to J.C. Williams, by deed recorded in Volume 151, Page 297. THENCE East with Williams' EBL 50 poles to a stake on the EBL of said 14 acre tract and Williams' SEC; THENCE South 6.4 poles, a stake; THENCE West 50 poles a stake on the WBL of said 14 acre tract; THENCE North 6.4 poles to the place of beginning, containing 2 acres. BEING the same property described in deed dated November 28, 1928, from H.A. Cothran et ux to R.L. Lewis, recorded in Book 222, Page 474, Lamar County, Texas, Deed Records. 141 MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Planning and Development Department SUBJECT: Zoning Change Requests DATE: April 25, 2011 The following zoning change request will be presented at the May 2, 2011, meeting of the Planning and Zoning Commission and the May 23, 2011, meeting of the City Council of the City of Paris for consideration: 1. Mack Ross is requesting that the property located on part of a 14 acre tract of land being part of the Joseph Leach Survey, being located in the 200 Block of 30`x' Street N.E., be rezoned from a One-Family Dwelling District No. 2 (SF-2) to a Multi-Family Dwelling District No. 2 (MF-2). Mr. Ross is proposing to develop the property and build duplexes. According to the Future Land Use Map this area should be zoned Low Density Residential. 1 recommend denial of this petition. cc: Gene Anderson, Interim City Manager - 142 i;. i..• t is ' . ~4J ~ . ;R r~ ,f~ hz t ~y~yy t °iM yy. 1; - y"<e: 0 `04 Ile, PV. ram- I'v - 1. Y.. •qS'~ ~ ..~',I.'~y!, Ih C / r r.i INV v ' f'. +µ1 f. 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