17 - Comprehensive Plan Amendment - 800 Block of W. Kaufman StreetItem No. 17
Memorandum
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Discuss, conduct a public hearing, and act on an Ordinance considering the
petition of Bruce Pearson for a Comprehensive Plan Amendment from Public
Lands & Institutions (PLI) to Medium Density Residential (MDR) in the City of
Paris, Block 127, Part of Lot 3, containing 125 ft. of LCAD 16081 +/- 0.84 acre
(35,380 sf) located in the 800 block of W. Kaufman Street.
MTG. DATE: September 26, 2022
BACKGROUND
The applicant requested a Future Land Use Map (FLUM) amendment from PLI to MDR for guiding
the rezoning of new multi -family units consistent with the comprehensive plan. Mr. Pearson indicated
they would be planned for single story units, but hasn't determined how many structures and units
would fit on the property. The subject property is also proposed for a subdivision lot division with
remodeled police garage remaining on the north portion of the parcel. The P&Z recommended approval
at its 9/6/22 meeting.
ANALYSIS
The subject property is zoned NS, is guided for retail in the front half and low density residential in the
rear half; and is a vacant former nursing home structure. The vacant structure has been the subject of
numerous vandalism break-ins over the years since closing, including the illegal overnight sleeping of
trespassers.
• The land to the West is guided for Retail.
• The land to the North is guided for Public Lands and Institutional.
• The land to the East is guided for Low Density Residential.
• The land to the South is guided for Low Density Residential.
The change in the Comprehensive Plan FLUM for residential future use of the property is more
consistent with the surrounding residential development along this immediate street area.
RECOMMENDATION
Staff recommends approval of the change to the Comprehensive Plan FLUM from PLI to MDR
for guiding the rezoning of new multi -family units consistent with the comprehensive plan.
111: k;w� 4L"l
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
CONSIDERING THE PETITION FOR A COMPREHENSIVE PLAN
AMENDMENT FROM PUBLIC LANDS AND INSTITUTIONS (PLI), TO
MEDIUM DENSITY RESIDENTIAL (MDR) IN THE CITY OF PARIS, BLOCK
127, PART OF LOT 3, CONTAINING 125 FT. OF LCAD 16081+/- 0.84 ACRES
(35,380 SF) LOCATED IN THE 800 BLOCK OF W. KAUFMAN STREET;
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 September 6, 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 City of Paris, Block 127, Part of Lot 3, containing 125
ft. of LCAD 16081+/- 0.84 acres (35,380 so, located in the 800 block of W. Kaufman Street
from Public Lands and Institutions (PLI) to Medium Density Residential (MDR), and
recommended to the City Council approval of same; and,
WHEREAS, on September 26, 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 Map plan; and,
WHEREAS, following the public hearing and consideration of the proposed
amendment to the Future Land Use Map plan 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 Map plan of the City of Paris, Texas shall be
amended to change the potential zoning classifications for the property located in the City of
Paris, Block 127, Part of Lot 3, containing 125 ft. of LCAD 16081+/- 0.84 acres (35,380 so,
located in the 800 block of W. Kaufman Street from Public Lands and Institutions (PLI) to
Medium Density Residential (MDR); 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 26th day of September, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney