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21 - Comprehensive Plan Amendment - Commercial to Low Density - Block 170-C Lot 12 - 2296 SE 3rd StreetItem No. 21 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 Adam Bolton on behalf of Austin Sugg for a Comprehensive Plan Amendment from Commercial (C) to Low Density Residential (LDR) in the City of Paris, Block 170-C, Lot 12, located at 2296 SE 3rd Street- LCAD 71599. DATE: April 25, 2022 BACKGROUND & DISCUSSION Austin Sugg has requested a minor Comprehensive Plan amendment from C to LDR of the Future Land Use Map (FLUM) for the above described single vacant lot. Staff had not initiated a FLUM amendment for additional surrounding properties at the time of the applicant's request pending the outcome of the discussion at the P&Z Public Hearing. In Staff's opinion, this should be done to create a larger cohesive future land use area for guiding development or redevelopment of this side of 3`d Street SE. This would be far more consistent with the existing low-density residential character of the area, rather than for incremental conflicts for commercial development interspersed within the residential neighborhood. Staff is supportive of this approach. The P&Z concurred, and Staff is now in the process of initiating these changes for this two block area along SE 3`d St. for a new public hearing next month. Staff is of the position that the Planning & Zoning Commission and City Council should be prepared to make these changes to the City's adopted FLUM, along all or a portion of this two block area of 3`d SE between South Church and Loop 286. This is based upon sound planning practice and is different than what was adopted in the 2018 update of the FLUM in the Comprehensive Plan. The changing of a single lot, however, is not consistent with sound land use planning practice and this application would be recommended for denial without changes to the larger area. If the Planning & Zoning Commission and City Council are amenable to making changes to the FLUM guiding future residential development, then staff will initiate these changes for the FLUM from Commercial to Low Density Residential. An analysis map for this larger area will be presented at the meeting once prepared in draft. Given the P&Z concurred, staff is scheduling another hearing and sending out additional notices for the May P&Z cycle. The proposed FLUM changes are attached. This would also allow for a greater number of property owners along this two block area to be notified. To date, no inputs have been received regarding this application changing the FLUM or the related rezoning application. At its meeting held on April 4, 2022, the Planning & Zoning Commission unanimously recommended approval of the Minor Amendments to the Comprehensive Plan to the City Council. No one attended to express opposition to the proposed change. RECOMMENDATION Staff recommends approval of this request for a Comprehensive Plan Amendment from Commercial (C) to Low Density Residential (LDR) on the basis that the City is initiating a larger area change to the FLUM based upon the current and future uses of this two block area along SE Yd St. 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 170-C, LOT 22, LOCATED 2296 SE 3RD STREET, PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LOW DENSITY RESIDENTIAL DISTRICT (LDR); 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, 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