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10 - 2018 Comprehensive Plan UpdateItem No. 10 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, City Planning Manager SUBJECT: PUBLIC HEARING FOR THE 2018 COMPREHENSIVE PLAN DATE: September 28, 2018 BACKGROUND: The City of Paris has a history of comprehensive plans spanning a period of over 100 years. The latest and currently adopted plan is the 2001 Comprehensive Plan. In 2008, the city council updated and adopted the Paris Future Land Use Plan Map and the Plan Map Legend Explanations; the remainder of the 2001 Comprehensive Plan remains intact and adopted. Well -accepted city planning practice is for comprehensive plans to be generally reviewed annually, with potential for substantial updates every three to five years as situations warrant. It has been ten years since the future land use plan map and the plan map definitions have been updated, and 17 years since Paris' full comprehensive plan has been adopted and except for the future plan map and its definitions, has not been reviewed or updated. Therefore, the project described herein addresses the 2018 Comprehensive Plan Update, for the purposes of (1) creating an updated comprehensive plan document to support as appropriate the 2001 Comprehensive Plan recommendations that remain relevant, and (2) to make new and reinforce previous recommendations that will strengthen the implementation process of the city's comprehensive plan program and (3) to address situations and conditions regarding differing physical conditions in Paris that have occurred during the past decade and beyond. STATUS OF ISSUE: A. 2018, ppPlan Update 12reJ aration and goal: A fundamental principle that guided the 2018 plan update is the recognition that much of the 2001 plan remains highly relevant today. Therefore, the goal was to prepare a document in 2018 that was not the "full" or traditional Comprehensive Plan that exemplified the previous Paris comprehensive plans. Rather, the 2018 update is characterized by very current references to certain components of the 2001 plan, descriptions of present situations, and supported with up-to-date text, and graphics. While the 2001 plan has many excellent recommendations, a fundamental problem is that many of these recommendations were not implemented. The city staff is of the opinion that there apparently was a misconception that by adopting the plan, that made the recommendations enforceable. It must be remembered that a comprehensive plan is a guide to development, and that to implement and enforce its recommendations, legally based documents must be invoked to achieve the plan's goals. Those documents are mainly the zoning ordinance, subdivision regulations, and other codes and ordinances. Therefore, with the adoption of the 2018 updated plan, the city staff intends to update existing codes and ordinances, and also create necessary new regulations that will aid in the implementation of the plan's recommendations. The required I lic hearing and adoption process: Throughout the United States comprehensive plans have been established through the public hearing process. This is to provide the opportunity for citizens to participate in and be aware of a city's planning program. From that basis, Paris is now undertaking the required public communication and public hearing process. On August 20th, a joint Planning and Zoning Commission and City Council work session was orchestrated by city staff. The government officials were provided with copies of the proposed plan, and staff presented elements of the plan, and addressed comments and questions. After that work session, staff provided the draft plan and associated maps online at the city's website, at the library, and at the city hall annex. The provision of these data to the public was meant to encourage feedback and input. A public hearing for the plan was held on September 18th before the Planning and Zoning Commission, at which no public comments were made. The Commission voted to recommend that the City Council approve the 2018 Comprehensive Plan Update. A second public hearing will be held on October 81h before the City Council. On September 20th, minor comments were received from Earl Erickson regarding the Trail & Linkages Plan as related to sidewalks and connectivity. The comments include addition of sidewalks or bike lanes along the following streets: Collegiate Drive from Love Civic Center to the NE Loop 286; S Main Street from Hearne to the Plaza. No other comments on the proposed plan or its map components were received. Staff has received the Downtown Visioning Plan from the Toole Design Group, and will include it as Attachment B to the 2018 Comprehensive Plan Update. 2 RECOMMENDATION: Provide city staff with comments or recommendations to the proposed 2018 Comprehensive Plan Update, conduct a public hearing, and adopt the plan with noted revisions to the Trail & Linkages map. DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING AN UPDATED COMPREHENSIVE PLAN, RESCINDING ALL PRIOR COMPREHENSIVE PLANS OR PARTS THEREOF IN CONFLICT THEREWITH; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 213, of the Local Government Code empowers municipalities for the purpose of promoting sound development and promoting public health, safety, and welfare to adopt a comprehensive plan for the long range development of said municipalities; and, WHEREAS, Chapter 213 of the Local Government Code empowers a municipality to define the content and design of a comprehensive plan; and, WHEREAS, Chapter 213 of the Local Government Code provides that a comprehensive plan may: 1. Include but is not limited to provisions on land use, transportation, and public facilities; 2. Consist of a single plan or a coordinated set of plans organized by subject and geographic areas; and 3. Be used to coordinate and guide the establishment of development regulations; and, WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance with Section 213.004 of the Local Government Code, limit the ability of the City of Paris to prepare other plans, policies, or strategies related to land use and land use planning as required; and, WHEREAS, the latest and currently adopted City of Paris, Texas Comprehensive Plan was approved and adopted in September, 2001, and, WHEREAS, said 2001 Comprehensive Plan Future Land Use Plan and said Land Use Plan Definitions were amended and adopted in May, 2008, and, WHEREAS, said 2001 and 2008 Comprehensive Plan and said Comprehensive Plan amendments are recommended to be updated, and, WHEREAS, on August 20, 2018, a Joint Paris Planning and Zoning Commission and Paris City Council Work Session was held and city staff presented and answered questions and comments pertaining thereto, and submitted said proposed Updated 2018 Paris, Texas Comprehensive Plan document to said Planning and Zoning Commission and City Council members present; and, WHEREAS, after said Joint Work Session, the city staff provided copies of said proposed Updated 2018 Comprehensive Plan on the City of Paris Website, in the Paris Public Library, and in the City of Paris City Hall Annex building; and, WHEREAS, on September 18, 2018, the Paris Planning and Zoning Commission conducted a public hearing on said Updated 2018 Comprehensive Plan, whereby the public was given the opportunity to give testimony and present written evidence with regard to said Updated 2018 Comprehensive Plan, and, WHEREAS, following the process of the public hearing and deliberation by the Paris Planning and Zoning Commission, the commission forwarded said proposed 2018 Updated Comprehensive Plan to the Paris City Council with its recommendation for approval thereof, and, WHEREAS, on October 8, 2018, the Paris City Council conducted a public hearing on said Updated 2018 Comprehensive Plan, whereby the public was given the opportunity to give testimony and present written evidence with regard to said Updated 2018 Comprehensive Plan, and, WHEREAS, the Paris City Council desires to adopt the aforesaid Proposed Updated 2018 Comprehensive Plan as the new and latest comprehensive plan for the City of Paris, 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 said Comprehensive Plan was presented at public hearings before the City of Paris, Texas, Planning and Zoning Commission, and following said public hearing was forwarded with a recommendation of approval to the City of Paris, Texas City Council, and is found to be acceptable to the City Council as the same is attached hereto and for all purposes incorporated herein as Exhibit A, and in all things is approved as the 2018 Updated Comprehensive Plan for the City of Paris, Texas. Section 3. That certain parts of the Paris 2001 Comprehensive Plan and 2008 Comprehensive Plan still remain relevant, and that any parts of said 2001 and/or 2008 Comprehensive Plans that are in conflict with the 2018 Updated Comprehensive Plan, said 2018 Comprehensive Plan recommendations shall supersede said conflicts. Section 4. That approval of the aforesaid Updated 2018 Comprehensive Plan as set out herein shall include approval of all maps, exhibits, appendices, text, and other materials associated therewith. Section 5. That approval of said plan is not intended to nor shall it constitute zoning regulations or the establishment of zoning district boundaries, and that pursuant to Section 213.005 of the Local Government Code, any and all maps included in said comprehensive plan, if the same are not already so designated, shall be and are hereafter considered as being marked with the following language: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries," Section 6. That all ordinances or portions of ordinances adopting prior plans which are in conflict with this ordinance or the Updated 2018 Comprehensive Plan adopted herein shall be and are hereafter repealed to the extent of such conflict. Section 7. That if any chapter, section, paragraph, sentence, or other portion of the aforesaid Updated 2018 Comprehensive Plan adopted herein shall be or is hereafter determined by a court of appropriate jurisdiction to in any way conflict with or be contrary to the constitution and laws of the United States or the State of Texas, the aforesaid finding of illegality shall render unenforceable only that portion of said plan so determined to be unlawful, it being the intention of the City Council that the terms and provisions of said Updated 2018 Comprehensive Plan adopted herein shall be and are hereby severable, and the remaining terms and provisions of said Updated 2018 Comprehensive Plan not affected by said determination of illegality shall remain in full force and affect. Section 8. 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 9. This ordinance shall become effective from and after its passage. PASSED AND ADOPTED on this 8th day of October, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney