18 C - Future Land Use Map Amendment - 932 E Price and 939 E HoustonItem No. 18 C.
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP
SUBJECTS: C. Public hearing to consider and take action regarding the petition of the
City of Paris to adopt an ordinance amending the Future Land Use Map
(FLUM) of the Comprehensive Plan from Low Density Residential (LDR) to
Medium Density Residential (MDR) on property located at 932 E Price-
LCAD 13788, 921 E Houston- LCAD 13795 and 939 E Houston- LCAD
13794
DATE: March 28, 2022
This application involves the changing of the FLUM on the adjacent property parcels
surrounding the applications from Mr. Berry from Low Density Residential (LDR) to Medium
Density Residential (MDR), and from 2F to MF -l. This is a companion item to Items 17 A and
B. The reason for the changes of the City's FLUM is to assure that the changes are in accordance
with the new changes to the City's Comprehensive Plan, as may be previously approved by the
City Council. This will make the FLUM cohesive for the entire block so that all properties are
contiguous with the new changes to the FLUM, and subsequent rezoning for 912 Price Street.
Failure to approve this item will result in a FLUM designation guiding an MDR designation of
912 Price Street which is not in accordance with sound planning principals.
ANALYSIS & FINDINGS
• The changing of the area guided to medium density is consistent with a mix of land uses
in the immediate surrounding area.
• The change in the FLUM from LDR to MDR will be consistent with anticipated future
redevelopment of the entire block.
• The change in the FLUM will create a cohesive block for the future land uses consistent
with FLUM changes and rezoning of 912 Price Street, as may be previously approved by
the Council.
PUBLIC COMMENT INPUTS
Two input responses were received both in opposition to the change of the FLUM and rezoning
of 912 Price Street. Public testimony at the P&Z hearing was in opposition to the request.
RECOMMENDATION
P&Z recommended denial of the agenda item changing the FLUM from LDR to MDR for 932
E Price- LCAD 13788, 921 E Houston- LCAD 13795 and 939 E Houston- LCAD 13794.
Staff disagrees with the P&Z recommendation and recommends approval by the City Council.
Unlike ordinances to change the actual zoning of the property, the City Council may approve an
ordinance amending the Comprehensive Plan and the Future Land Use Map by a simple majority
when P & Z recommends denial.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN
AND FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT
PERTAINS TO THE PROPERTY LOCATED AT 932 E. PRICE ST., 921 E.
HOUSTON ST., AND 939 E. HOUSTON ST., OTHERWISE DESCRIBED AS
CITY BLOCK 31, LOT 2, CITY BLOCK 31, LOT 8, AND CITY BLOCK 31, LOT
9, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM LOW DENSITY
RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR);
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 211.004 of the Local Government Code requires that all zoning
regulations must be adopted in accordance with a comprehensive plan and must be
designed to lessen congestion in the streets; secure safety from fire, panic, and other
dangers; promote health and the general welfare; provide adequate light and air; prevent
the overcrowding of land, avoid undue concentration of population; or facilitate the
adequate provision of transportation, water, sewers, schools, parks, and other public
requirements; and,
WHEREAS, Chapter 213, of the Texas 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, in September 2001, the City Council adopted a City of Paris, Texas
Comprehensive Plan and Future Land Use Plan; and,
WHEREAS, said 2001 Comprehensive Plan and Future Land Use Plan and said Land
Use Plan Definitions were amended and adopted in May, 2008, and,
WHEREAS, in October of 2018, the City Council adopted significant revisions to the
Comprehensive Plan and the Future Land Use Plan; and
WHEREAS, on March 7, 2022 the Planning and Zoning Commission held a public
hearing to review and consider a request to amend the Future Land Use Plan map as it
pertains to the property located at 932 E. Price St., 921 E. Price St., and 939 E. Houston St.,
otherwise described as City Block 31, Lot 2, City Block 31, Lot 8, and City Block 31, Lot 9,
from Low Density Residential (LDR) to Medium Density Residential (MDR), and following
the public hearing voted to deny the amendment and made a formal recommendation to
the City Council to deny same;
WHEREAS, on March 28, 2022, 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 Map, 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 map 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 Future Land Use Plan Map of the City of Paris, Texas shall be
amended to change the potential zoning classifications for the property located at 932 E.
Price St., 921 E. Price St., and 939 E. Houston St., otherwise described as City Block 31, Lot
2, City Block 31, Lot 8, and City Block 31, Lot 9 from Low Density Residential (LDR) to
Medium Density Residential (MDR).
Section 3. 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 4. 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 S. 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 6. That this ordinance shall become effective from and after its passage.
PASSED AND ADOPTED on this 28th day of March, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney