16 - Comprehensive Plan Amendment from Retail to High Density Residential - 2800 Block of Stillhouse Road - LCAD 404759Item No. 16
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP
SUBJECTS: Public hearing to consider and take action regarding the petition of Cola
Residential Investments and Lydia Fitzgerald on behalf of Bart Chadwick for a
Comprehensive Plan Amendment from Retail (R) to High Density Residential
(HDR), in the A786 R Russell Survey, Tract 25-1-A, Acres 3.839 Route 1,
located in the 2800 Block of Stillhouse Rd, LCAD 404759.
DATE: August 22, 2022
BACKGROUND
The applicant seeks a minor amendment to the Future Land Use Map (FLUM) to provide for
a 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 Retail, but is
appropriate for higher density residential based upon the surrounding uses of land.
Additionally, the land area directly to the east and northeast is guided for commercial which is
inconsistent with the current use of the properties for 4-plex apartments and an assisted care
residential facility. Further updating of the future land uses should be re-examined when the
next major update to the land use map undertaken.
At its 8/5/22 meeting the Planning & Zoning Commission recommended approval.
RECOMMENDATION
Staff P&Z recommends approval of a Minor Comprehensive Plan Amendment amending the
FLUM from Retail (R) 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 RETAIL (R) TO HIGH DENSITY RESIDENTIAL (HDR),
IN THE A786 R RUSSELL SURVEY, TRACT 25-1-A, 3.839 ACRES, ROUTE 1,
LOCATED IN THE 2800 BLOCK OF STILLHOUSE ROAD (LCAD 404759);
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 in the A786 R Russell Survey, Tract 25-1-A, 3.839 Acres,
Route 1, 2800 Block of Stillhouse Road, (LCAD 404759), Paris, Lamar County, Texas, from
Retail (R) to High Density Residential (HDR) and recommended to the City Council approval
of 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 in the A786
R Russell Survey, Tract 25-1-A, 3.839 Acres, Route 1, 2800 Block of Stillhouse Road, (LCAD
404759), Paris, Lamar County, Texas, from Retail (R) 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 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 22nd day of August, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney