19 - Comprehensive Plan Amendment from Commercial to High Density Residential - Block 250 Lot 32 - 891 Clement RoadItem No. 19
Memorandum
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of Bailey
Asay on behalf of Distinguished Property & Investments, LLC for a
Comprehensive Plan Amendment from a Commercial (C) to High Density
Residential (HDR) in the City of Paris, Block 250, Lot 32, located at 891
Clement Rd- LCAD 53721.
DATE: April 25, 2022
BACKGROUND & DISCUSSION
The applicant seeks a minor amendment to the Future Land Use Map (FLUM) to provide for
a medium to high density residential use of the property and for the zoning to be consistent
with the City's Comprehensive Plan. The ability to provide for high density housing in this
portion of the City is a reasonable accommodation to achieve the goal of more decent, safe and
affordable housing opportunities in the community. The site is just outside of, but immediately
adjacent to the newly established 5 In 5 Infill Housing Program eligibility boundary.
Accommodation for this site under the program is an available option, if approved by the City
Council as part of the adopted program guidelines. This will be supported by Director of
Planning & Community Development should the builder/investor decide to enter into the
program.
At its meeting held on April 4, 2022 the Planning & Zoning Commission unanimously
recommended approval of the minor Comprehensive Plan Amendment.
RECOMMENDATION
Staff recommends approval of a Minor Comprehensive Plan Amendment to the Future Land
Use Map from Commercial (C) to High Density Residential (HDR).
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 CITY BLOCK 250, LOT 32, LOCATED AT 891 CLEMENT
ROAD, PARIS, LAMAR COUNTY, TEXAS, FROM COMMERCIAL (C) TO HIGH
DENSITY RESIDENTIAL (HDR); MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 211.004 of the Texas 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 for 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 April 4, 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 on City Block 250, Lot 32 located at 891 Clement Road, in
the City of Paris, Lamar County, Texas, from Commercial (C) to High Density Residential
(HDR); and,
WHEREAS, on April 25, 2022, the City Council of the City of Paris held a public hearing
to receive input from the citizens of the City of Paris regarding the proposed amendment to
the Future Land Use Plan map; and,
WHEREAS, following the public hearing and consideration of the proposed
amendment to the Future Land Use Plan map for the City of Paris, the City Council
determined that this amendment would be in the best interest of the City of Paris and its
citizens, and the same should be approved.
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 described as City
Block 250, Lot 32 located at 891 Clement Road, in the City of Paris, Lamar County, Texas,
from Commercial (C) to High Density Residential (HDR).
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 5. 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 25th day of April, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney