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14 - Comprehensive Plan Amendment from Low Density Residential & Comercial to High Density Residentail - Block 266 Lot 3 - 1335 NE 20thStret - LCAD 18332Item No. 14 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP SUBJECT: Public hearing to consider and take action regarding the petition of the Walnut Creek Business Park, Inc. for a Comprehensive Plan Amendment from Low Density Residential (LDR) and Commercial (C) to High Density Residential (HDR) in the City of Paris, Block 266, Lot 3, located at 1335 NE 20th Street, LCAD 18332. DATE: August 22, 2022 BACKGROUND 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 very important accommodation to achieve the goal of more decent, safe and affordable housing opportunities in the community. The site is currently guided for principally Commercial, however the land area is very well suited for higher density residential as a re -use of the golf driving range site which partially encompassing the subject area. It provides for an effective transition from the lower land area along NE Loop 286 with highway oriented commercial development to the surrounding single-family residential neighborhoods. Additionally, the land area directly to the South across NE 20th St. is guided for HDR containing a mixture of single family residences and apartments. At its 8/5/22 meeting the Planning & Zoning Commission recommended approval. RECOMMENDATION Staff and P&Z recommends approval of a Minor Comprehensive Plan Amendment amending the FLUM from Low Density Residential (LDR) and Commercial (C) to High Density Residential (HDR). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS CONSIDERING THE PETITION FOR A COMPREHENSIVE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL (C), TO HIGH DENSITY RESIDENTIAL (HDR), IN THE CITY OF PARIS, BLOCK 266, LOT 3, LOCATED AT 1335 NE 20TH STREET, PARIS, LAMAR COUNTY, TEXAS (LCAD 18332); 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 August 1, 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 266, Lot 3,1335 NE 20th Street, Paris, Lamar County, Texas, from Low Density Residential (LDR) to High Density Residential (HDR) and recommended to the City Council that it approve same; and, WHEREAS, on August 22, 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 and the recommendation of the Planning and Zoning Commission, 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 located on City Block 351, Lot PT of 8, 76.262 acres, City Block 266, Lot 3,1335 NE 20th Street, Paris, Lamar County, Texas, from Low Density Residential (LDR) to High Density Residential (HDR); and, 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 22nd day of August, 2022. Paula Portugal, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney