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12-ZONING PUBLIC HEARING IN THE 400 BLOCK OF 25TH ST NEmemo�andum TO: City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager ���� SUBJECT: ZONING PUBLIC HEARING IN THE 400 BLOCK OF 25th Street N.E. DATE: April 02, 2013 BACKGROLTND: The applicant for this project is Mr. Barney Bray III, of Paris, Texas, who is requesting a public hearing to consider and take action regarding a change in zoning from a One- Family Dwelling District No. 2(SF-2) to a Multi-Family Dwelling District No. 1(MF-1) on Lot 7, City Block 258, being located in the 400 Block of 25`" Street N. E. At the April 1, 2013 Planning and Zoning Commission meeting, the commission voted unanimously to recommend approval of this zoning change. STATUS OF ISSUE: City staff made the following findings: (A)Existin�Land Use: This subject property is currently vacant. There is an existing church on the east side of 25`h Street N.E. directly across the street of this subject property. There are existing duplex units south of and west of this subject property. (B) Proposed Use of the Subiect Property: The proposed use is four duplexes. (C) Existing Zoning of the Subject Property: The zoning district is One-Family Dwelling District No. 2(SF-2). There is an area southeast of this property that is zoned NS; areas immediately west and directly south are zoned MF-l. Areas to the northeast, directly across 25t" Street N.E. and southeast, and further south are zoned SF-2. (D)Proposed Zonin� of the Subject Property: The proposed zoning for this property is Multi-Family Dwelling District No. 1(MF-1). Duplex is permitted use in MF-1. (E) The Future Land Use Plan of 2012 (FLUP� within the Coinprehensive Plan for this Subject Propert� The FLUP recommends Moderate Density Residential (MDR) which is reflective of two-family attached dwelling units, such as duplex units and townhomes. City staff, therefore, supports this re-zoning request based on the following factors: 36 (1) We believe the subject lot takes its character from the existing and adjacent zoning on its three sides from the current MF-1 zone. (2) The zoning district map illustrates this subject lot as essentially separate from and isolated from the existing SF-2 zones across 25th Street N.E. and to the east, northeast and southeast of the subject property. (3) The lot is somewhat buffered from the land uses across the street of 25�' Street N.E. (4) The existing duplex uses are permitted uses in the current MF-1 zone. (5) Re-zoning this lot to MF-1 will establish a more logical MF-1 zoning district configuration and boundary than if it remains zoned SF-2. (6) City staff believes the proposed use is more compatible with the adjacent and contiguous duplex land uses than would be if developed as a single-family under the present SF-2 zoning district. RECOMMENDATION: Approve zoning from a One-Family Dwelling District No. 2(SF-2) to a Multi-Family Dwelling District No. 1(MF-1), on Lot 7, City Block 258, being located in the 400 Block of 25t" Street N. E. 37 � a � a� Q 0 L � � U N � � � �l-J W Z � � � � � N � O Y m O O '� � � G � t V � � ._ O N N i n Q a a� m a� � U ORDINANCE NO. AN ORDIIVANCE 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 REZOIVE LOT 7, BEING LOCATED IN THE 400 BLOCK OF 25TH STREET N.E., IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A MULTI-FAMILY DWELLING DISTRICT NO. 1 (MF-1) 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 a request for an amendment to the Zoning Ordinance of the City of Paris to rezone Lot 7, being located in the 400 Block of 25Lh Street N.E., in the City of Paris, Lamar County, Texas from a One- Family Dwelling District No. 2(SF-2) to a Multi-Family Dwelling District No. 1(MF-1); and WHEREAS, on April 1, 2013, 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 April 8, 2013, 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 rezone Lot 7, being located in the 400 Block of 25� Street N.E., in the City of Paris, Lamar County, Texas, from a One-Family Dwelling District No. 2(SF-2) to a Multi-Family Dwelling District No. 1 (MF-1). 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 Ciry 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. 1-6 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. PASSED AND ADOPTED on by the city Council of the Ciry of Paris, in regular session on this the 8th day of April, 2013. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney A.J. Hashmi, Mayor 41 ��