17 - Comprehensive Plan Amendment from LDR to MDR - Block 281 Lot 6 - 1610 N.E. 15th 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: Conduct a public hearing and take action regarding the petition of Mitch Milam,
Texas Land Direct, LLC for a Comprehensive Plan Amendment from Low
Density Residential (LDR) to Medium Density Residential (MDR) in the City
of Paris, Block 281, Lot 6, LCAD 18409, located at 1610 NE 15th Street.
MTG. DATE: December 12, 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 North which are commercial including vehicle
repair and outdoor storage of agricultural products. Medium density land uses such as duplex
would serve to be a transitional use of higher density housing between the commercial land
uses and the single family residential neighborhood to the south. At its 12/5/22 meeting, the
P&Z recommended approval of the request.
The only additional considerations here are two -fold. First, the small parcel adjacent to the
site to the east along NE 17th St. The land is currently vacant, but should be considered for
changes to the same designation for consistency of the contiguous property. Second, a number
of parcels to the North are guided in whole, or in part, for Low Density Residential, but the
current use of the land is commercial. With this approval for change in FLUM and rezoning
for the applicant requests, staff recommends and the P&Z concurs with staff to proceed with
the appropriate changes to the FLUM only, but not the zoning. That will be brought forward
for the hearings at the January 2023 meetings of P&Z and Council.
RECOMMENDATION
Staff and the P&Z 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 CITY OF PARIS, BLOCK 281, LOT 6,
LCAD # 18409, LOCATED AT 1610 NE 15TH 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 Map; 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 December 5, 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 City of Paris, Block
281, Lot 6, LCAD # 18409, located at 1610 NE 15th Street, and recommended to the City
Council approval of same; and,
WHEREAS, on December 12, 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 of the City of Paris, Texas shall be
amended from Low Density Residential (LDR) to Medium Density Residential (MDR) in the
City of Paris, Block 281, Lot 6, LCAD # 18409, located at 1610 NE 15th Street, 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 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 12th day of December, 2022.
Paula Portugal, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney