17 - Comprehensive Plan Amendment fro Low Density Residential to High Density Residential Block 317 Lot PT of 5 LCAD 126663 - 4065 Pine Mill RoadItem No. 17
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 Brian
Wintermute on behalf of Evan Butler for a Comprehensive Plan Amendment
from Low Density Residential (LDR) to High Density Residential (HDR) in the
City of Paris, Block 317, Lot PT of 5, A208 Crow Survey, LCAD 126663,
located at 4065 Pine Mill Rd.
DATE: November 14, 2022
BACKGROUND
The applicant seeks a minor amendment to the Future Land Use Map (FLUM) to provide for a
medium-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 more medium-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 Low
Density Residential, but is appropriate for medium-high density residential based upon the
surrounding uses of land to the South which is a fire/EMS station and higher density townhome
apartments across Pine Mill to the East, and commercial businesses to the North. Additionally,
the land area directly to the west is also guided for low density single family and two-family
residential. Modification of the land use plan for this site to High Density Residential will create
a buffer transitional land use for future low density residential to the high impact land uses along
Pine Mill. It is also anticipated that a future extension of Ruby Way from the Pine Creek
Apartments will extend through this low density residential development and extend through the
subject property into an alignment intersection with the Pine Mill Road at the curve in front of
the property. Staff presentation by both the Planning Director and City Engineer addressed the
need for `interconnectedness' planning for a future extension of Ruby Way to the intersection
with Pine Mill. Mark Homer, developer to the West, also expressed this importance.
RECOMMENDATION
At its 11/7/22 meeting, the P&Z unanimously recommended approval of the request.
Staff recommends approval of a Minor Comprehensive Plan Amendment amending the FLUM
from Low Density Residential (LDR) 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) TO HIGH
DENSITY RESIDENTIAL (HDR) IN THE CITY OF PARIS, BLOCK 317, LOT PT
OF 5, A208 CROW SURVEY, LOCATED AT 4065 PINE MILL ROAD (LCAD
126663); 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 November 7, 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 317, Lot PT of 5,A208 Crow Survey,
located at 4065 Pine Mill Road (LCAD 126663), from Low Density Residential (LDR) to High
Density Residential (HDR) and recommended to the City Council approval of same; and,
WHEREAS, on November 14, 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 Z. 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 317, Lot PT of 5, A208 Crow Survey, located at 4065 Pine Mill Road (LCAD
126663), from Low Density Residential (LDR) 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 14th day of November, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney