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10 - PUBLIC HEARING, 2600 BLOCK OF CRESCENT DRIVE, ZONING CHANGEItem No. 10 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM A SINGLE — FAMILY DWELLING DISTRICT NO.2 (SF -2) TO A TWO— FAMILY DWELLING DISTRICT (2F) LOCATED IN THE 2600 BLOCK OF CRESENT DRIVE DATE: April 5, 2016 BACKGROUND: This application is for a public hearing to consider the petition of Sequoia Brown on behalf of Russell and Leslie Stidham for a change in zoning from a Single— Family Dwelling District No. 2 (SF -2) to a Two — Family Dwelling District (2F), on Block B, Lot 24, of the Willowcrest No. 2 Addition, being located in the 2600 Block of Crescent Drive. At the April 4, 2016 public hearing held by the Planning and Zoning Commission, five spoke in opposition to this zoning change request and Ms. Brown, the applicant, spoke in favor. A written protest against the rezoning of this property was received from citizens. Since the commission unanimously recommended denial of this request, it will require a three — quarter (3/4) majority vote of the full City Council to approve the rezoning of the property. The Council is being submitted electronically the power point submitted for the April 4, 2016 Commission meeting provided by the applicant Ms. Brown, as well as the Petition Against the Zoning Change submitted to the Commission on April 4th, by the citizens. STATUS OF ISSUE: The city staff has determined the following: (A) Existing Land Use: The subject property is located at the northeast corner of Crescent Drive and NE 26th Street, is vacant, and contains no flood plain. The immediate area is characterized, and the subject property is surrounded by, both existing single — family and duplex residential dwelling units. (B) Existing Zoning of the Subject Property: The subject property is currently zoned Single - Family Dwelling District No. 2 (SF -2). (C) Proposed Land Use for the Subject Property: The applicant is proposing to develop the subject property for duplex dwelling units. (D) Proposed Zoning of the Subject Property: The proposed zoning on the subject property is to a Two — Family Dwelling District (2F). (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use Plan recommends Moderate Density Residential (MDR) uses, and "this use is representative of two — family attached dwelling units, such as duplex units and townhomes." The subject property is surrounded by MDR plan recommendations; adjacent to and surrounding these MDR areas, and to the west, south, and east the Future Land Use Plan recommends Low — Density Residential (LDR) uses, and "this use is representative of traditional, single — family detached dwelling units." The areas northwest, north, and northeast of the subject property are recommended for Retail (R) land uses. (F) The Parks Recreation, and Open Space Master Plan: The maps in this plan that depict the Existing Parks and Open Space, the Trail and Sidewalk Map, and the Future Parks and Open Spaces are not impacted by this rezoning request. (G) The Major Thoroughfare Plan (MTP) within the Comprehensive Plan: Neither NE 26th Street or Crescent Drive are impacted by the MTP. (H) Additional Considerations Regarding the Staff Recommendation: The city engineer, director of public works, and the fire marshal stated that they do not have issues with this rezoning request. (I) Options recommended for consideration by the city staff. Because of the proximity to the subject property of both existing single — family and duplex residential uses, two zoning districts are viable considerations for this subject property. The city staff submitted these options to the commission for its April 4, 2016 meeting. Factors to consider are as follows: (I) Allow the property to remain zoned Single — Family Dwelling District No.2 (SF -2) a. This would be compatible with the existing single — family structures immediately adjacent to the east, and along the south side of Crescent Drive. b. However, it's possible that the subject lot would not have the potentially immediate opportunity to be developed in the near future as would likely be the case as a result of the present subject zoning request; residential neighborhood integrity and aesthetics are strengthened when individual "out lots" are developed with compatible dwelling units within residentially zoned areas. Also, the design of a residential neighborhood is strengthened 2 when individual lots are constructed with similar dwelling units as those which already exist in said neighborhood(s). (II) Rezone the property to the requested Two — Family Dwelling District (2F) a. This would make the subject property compatible with the Future Land Use Plan recommendation of Moderate Density Residential (MDR). b. If the subject property is developed as requested for duplex use, the intersection of Crescent Drive and NE 26th Street would then have duplex uses on the northeast corner, and on the west side of 26th Street, specifically on the west, northwest, and southwest sides of this street; thereby providing the same land use continuity at these intersections. c. Currently, there are existing duplex uses directly north and adjacent to the subject property, and directly across NE 26th Street to the west, making a duplex use at this subject site generally compatible with the surrounding neighborhood. d. In city staff s opinion, this rezoning would not constitute spot zoning because although the subject property and immediately adjacent area is currently zoned SF -2, this subject neighborhood is exemplified, in many cases, with both single — family and duplex uses virtually adjacent to each other. Therefore, said rezoning request would be compatible with much of the existing duplex uses in the subject environs, as well as being consistent with the MDR recommendation within the Future Land Use Plan. (J) Considerations from the April 4, 2016 Planning and Zoning Commission meeting: Prior to the April 4th commission meeting, the city staff recommended approval of this request for a change in zoning from SF -2 to 2F. However, at that meeting a petition was submitted to the commission by a large number of citizens, recommending denial of said zoning change request. The commission unanimously recommended denial of said re— zoning. Since the staff also recommended denial as one of its options, the city staff supports the recommendation of the commission. (Note: If the council chooses to approve this re— zoning request, an adopting ordinance is included with this agenda item, and said ordinance requires that a 3/ majority of the full council approve that ordinance.) RECOMMENDATION: Deny a change of zoning from a Single — Family Dwelling District No.2 (SF -2) to a Two — Family Dwelling District (2F) on Block B, Lot 24, of the Willowcrest No.2 Addition, being located in the 2600 Block of Crescent Drive. 3 M k NA. co w- kw to M k NA. co w- DRAFT 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 24, CITY BLOCK B, BEING LOCATED IN THE 2600 BLOCK OF CRESCENT DRIVE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE - FAMILY DWELLING DISTRICT NO.2 (SF -2) TO A TWO- FAMILY DWELLING DISTRICT (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 Lot 24, City Block B, being located in the 2600 Block of Crescent Drive, in the City of Paris, Lamar County, Texas, from a Single - Family Dwelling District (SF -2) to a Two - Family Dwelling District (2F); and WHEREAS, on April 4, 2016, 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 said proposed zoning change, thereby requiring a three - quarter (3/4) majority vote of the full City Council to approve the rezoning of the property; and, WHEREAS, on April 11, 2016, 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 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 24, City Block B, being located in the 2600 Block of Crescent Drive, in the City of Paris, Lamar County, Texas, from a Single - Family Dwelling District No.2 (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 -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 11th day of April, 2016. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, Interim City Attorney k S `fQ 20 6 PETITION AGAINST ZONING CHANGE On Monday April 4" 2016 @ 5:30 PM, A Public Hearing will be Held to Consider & Take Action Regarding the Request of " Sequoia Brown ", " Russell Stidham " & " Leslie Stidham " For a Change in Zoning from ( SINGLE DWELLING ) to ( MULTI - DWELLING ) on (Block B, Lot 24 ) of the Willow Crest #2 Addition, being Located in the 2600 Block of Crescent Drive. As a Group of Concerned Neighbors & Homeowners, We are Adamantly Opposed to this RE- ZONING for Several Reasons : 1. As a Homeowner & Resident we believe this RE- ZONING will have a Significant Impact on the Quality of Our Neighborhood. 2. We Believe It's Impractical & Foolish to Allow ( SPOT - ZONING ) for one Person over the Majority. 3. This is a Common Place for Neighborhood Children to Play, as well as Common Place for Neighbors to get out and Walk with their Pets. This Change Will Lead to Increased Traffic & a Change of Traffic Patterns that will Pose an Unnecessary RISK to the Children and Residents of our Neighborhood. 4. There are Plenty of Alternate Locations that are Already Zoned for ( MULTI - FAMILY ) across the City. 5. Finally..... We believe this Proposed Zoning Change Directly Contradict the Reason for the ZONING RESTRICTIONS in the First Place. Ordinance # 1710 ( SECTION 2/100 PURPOSE ) 6. We the Citizens & Neighbors who Signed this Petition Strongly Recommend & Encourage each of you on the Commission to Stand with we the Citizens and VOTE against this Proposal. AM MAN �1 r I t HE d ,: , OfMC .11.11MI ! 1 _N =P �a 1 gin Y i/ „'`r' rNMrE!1►M v�, ii• cvh Cfl w— cry r-`l ' _ Email ' 1 , , f f • , , I i Sj: ' • ii• cvh Cfl w— cry r-`l CD ,Opp �Dh, , _ • • ��' air I O.C. r L!. Owl wilm r s •�� !� m os _ Rim 10.1".40M RnEs", R � � 1. INJ F 1. �W� i \yam fi►a MN VON US, WRRMRM�� ON 0", f r:. , m pllll ,Opp �Dh, Vmlt pj /GC- IS y ", �� ° �s 1 mV i Property Sequoia Brown w Proposed Property • Property Id-39780 • Wllowcrest #2, Block B, Lot 24, Crescent St • The property is currently zoned for a single family residential lot. o Resolution- I'm currently asking to rezone this lot from a single family to multifamily residential lot (2s). Current view of the lot View of Crescent Y 4 Expiration of Current Subdivision restrictions o Page 4 of 6 section XXII Restrictions shall be in place for a period of 30 years except the owners/ of all lots may at anytime by joining in written agreement file a record with the Lamar county clerk and remove these restrictions. o This was executed on March 7, 1984 which means the 30 year term ended March 7, 2014. Facin 26'" street Duplex adjacent to the lot Aerial View �:�g f My proposed revision to the lot o It will be a 3 bedroom 1.5 bathrooms 2 story Unit, both Units. µ o 70% Primarily composed of brick and stone. o With a privacy fence in the back yard. tr�y��, r . • VK� a 4 -1 4 Nil ,F:i T "r "`�� f � 111i111IgtlliilllU! z i , Y 4 -1 4 Nil ,F:i T "r "`�� f � 111i111IgtlliilllU! z i , Downstairs Living l 1 ao cn 20' -O" ( 12.19) 20' -O" (6110) CD O� 3,81x2,29 ®E 13' -O "x 7 0' -10" 3,96x3,30 <e> 13' -0"x13' -2" 3,96x4,01 60- 6 "W-4 1,98x2.54 6'- 6 "x8' -4" O 1,98x2,54 �! 12'- 6 "x7' -6 "�1 3,8l x2,29 �ieDE 13' -O "x1 O' -10" 3,96x3,30 O 13' -O "x 7 3' -2" ? 3,96x4,01 f_ CD O� 3,81x2,29 ®E 13' -O "x 7 0' -10" 3,96x3,30 <e> 13' -0"x13' -2" 3,96x4,01 60- 6 "W-4 1,98x2.54 Upstairs Living ,,o,.o.. 20.4„ 112.191 20,-0„ y (6,10) 15,10) 9'- 8 °x9•- 8"ltt',0 ") 9'•8'x9' -8 "111' -0'1 2,95x2,95 (3,35) -�, 2,95x2,9513,35) 9'-0 "x11'•4" ! � 9' -0 "xl1' -4" 2,743,45 2,744,45 O _ F 4 -> fall J t t tiE " 1 \ sa 9> < 1�'- m�tr- o"ht' -8") ;�% � _1�t____ k,�t�'•o °xtt'- o "11r•8 "I 3,9fX3,3513,561 '--- �' -- 3,96x3,35(3,56) ` « ƒ1 \ AV . 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