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13-ZONING PUBLIC HEARING IN THE 3700 BLOCK OF CASTLEGATE DRmemo�andum TO: City Council John Godwin, City Manager �, .�, FROM: Alan Efrussy, AICP, Planning Manager ��` � SUBJECT: ZONING PUBLIC HEARING IN THE 3700 BLOCK OF CASTLEGATE DR. DATE: Apri102, 2013 BACKGROIJND: The applicants for this project Rodney Pollard and Kenny Dority of Sumner, Texas, who are requesting a public hearing to consider and take action regarding the petition for a change in zoning from a Single-Family Dwelling District No. 3(SF-3) to a Two-Family Dwelling District (2F) on Lot 41, Block B of the Windsor Estates Subdivision, being located in the 3700 Block of Castlegate Drive. At the April l, 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. Immediately west of and contiguous to this property are existing one-story multi-family apartments with four units each, on the three adjacent lots to the west of the subject property. Existing single-family homes are on the north and south side of Castlegate Dr. On the south side of Castlegate Drive and southwest of the subject property are three duplex units on each of three lots. Area to the north of the subject property is essentially vacant. Properties east of the subject property are existing single-family units. (B) Proposed Use of the Subject Property: The applicant has stated that he will construct a duplex use on this property. (C) Existing Zonin� of the Subject PropertY: The existing zoning is SF-3, for single-family residential use. (D)Pro�osed Zonin� of the Subject Property: The proposed zoning for this property is 2F for duplex use. This zoning is fully consistent with the proposed use. 42 (E) The Future Land Use Plan within the Comprehensive Plan: The Future Land Use Plan of 2012 (FLUP)) recommends that this subject property be developed as Low-Density Residential (LDR), which is represented as single-family detached dwelling units. The FLUP recommends Moderate Density Residential (MDR) on the lots immediately west of this subject property, which is characterized by two-family attached dwelling units, such as duplex units and townhomes. Areas immediately north, east and south of this subject property are recommended on the FLUP as LDR. However, this re-zoning request represents a classic opportunity to establish a descending land use density and intensity and residential land use buffering: i.e., the subject zoning of duplex serves as a buffer between the multi-family to the immediate west and the single-family to the immediate east. Further, this proposed 2F zoning is a logical extension of the current 2F zoning district adjacent to north of this subject property, under the consideration of the subject property serving as a buffer between two different residential densities. RECOMMENDATION: Approve a change in zoning from a Single-Family Dwelling District No. 3(SF-3) to a Two-Family Dwelling District No. 2(2F), on Lot 4, Block B of the Windsor Estates Subdivision, being located in the 3700 Block of Castlegate Drive and recommend approval to change the Future Land Use Plan of 2012, within the Comprehensive Plan from the Low-Density Residential to the Moderate-Density Residential designation for this subject property. 43 � U � U n � �� N � dg< LL b`�� � N LL P21 II!W auid � v�.�...�...�.�.....,. 40th St NE M � !.L � 39th St NE 0 d a a� d � �' J C,� , � g, � '" � � � C� C + _ ' LL 4 4 � c� � � N a 0 ^L LL U � .Q � � � L � d �.+ � � � � � V �- 0 Y m O O ti M d � C � t V � C ._ O N M O N N i Q Q a...ai m � U a� m O ORDINANCE NO. AN ORDINAIVCE 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 41, CITY BLOCK B, BEING LOCATED IN THE 3700 BLOCK OF CASTLEGATE DRIVE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY DWELLING DISTRICT 1V0. 3(SF-3) TO A TWO-FAMILY DWELLIIVG DISTRICT NO. 2(2F) 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 41, City Block B, being located in the 3700 Block Castlegate Drive, in the City of Paris, Lamar County, Texas from a Single-Family Dwelling District No. 3(SF-3) to a Two-Family Dwelling District No. 2 (2F); 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 41, City Block B, being located in the 3700 Block of Castlegate Drive, in the City of Paris, Lamar County, Texas, from a Single-Family Dwelling District No. 3(SF-3) to a Two-Family Dwelling District No. 2(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 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. 1-6 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 City 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 .4'� �