21 - Comprehensive Plan Amendment from Low Density Residential to Medium Density - Gibbons-Braden Addition Block 5 Lot 4-A & 5 - LCAD 11558Item No. 21
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 Kevin Clarkson
for a Comprehensive Plan Amendment from Low Density Residential (LDR) to
Medium Density Residential (MDR) in the Gibbons -Braden Addition, Block 5,
Lot 4-A & 5, LCAD 11558, located at 1244 SE 14th Street.
DATE: November 14, 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 applicant has indicated a plan to construct a duplex and the property is
also in the process of being platted. The ability to provide for more medium-high density housing
in this designated 5 In 5 Eligibility area 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 two-family residential based
upon the surrounding one and two-family residences that can be anticipated in this neighborhood.
As such, further changes to promote development and redevelopment of the neighborhood may
are appropriate.
RECOMMENDATION
At its meeting held on 11/7/22, 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 Medium Density Residential (MDR).
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 MEDIUM
DENSITY RESIDENTIAL (MDR) IN THE GIBBONS-BRADEN ADDITION,
BLOCK 5, LOTS 4-A AND 5, LOCATED AT 1244 SE 14TH STREET (LCAD
11558); 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 from Low
Density Residential (LDR) to Medium Density Residential (MDR) in the Gibbon -Braden
Addition, Block 5, Lots 4-A and 5, located at 1244 S.E. 14th Street (LCAD 11558), 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 2. That the Future Land Use Map plan of the City of Paris, Texas shall be
amended from Low Density Residential (LDR) to Medium Density Residential (MDR) in the
Gibbon -Braden Addition, Block 5, Lots 4-A and 5, located at 1244 S.E. 14th Street (LCAD
11558), and recommended to the City Council approval of same; 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 14th day of November, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney