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14 - Comprehensive Plan Amendment Low Density Residential to Commercial - 3800 Block of SE Loop 286 and part of 3755 JeffersonItem No. 14 Memorandum TO: Mayor, Mayor Pro Tem, 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 Chad Stephens on behalf of Kenda Taylor for a Comprehensive Plan Amendment from Low Density Residential (LDR) to Commercial (C) in Jefferson Heights, Block A, Lot 1 and Lot 22, located in the 3800 Block of SE Loop 286 and part of 3755 Jefferson Rd (0.202 acre) - LCAD 12434 and 22151. MTG. DATE: February 27, 2023 BACKGROUND & ANALYSIS Chad Stephens, purchaser, has requested an amendment to the Future Land Use Map (FLUM) so as to re -guide the land from a retail land use to a commercial land use. The property is situated along the SE Loop 286 & Old Jefferson Highway and staff believes this intersection is well situated for new commercial development. Particularly as this part of the community begins to grow with new residential development in the immediate future just inside the loop to the north. Mr. Stephens and his son are both acquiring the property and the residence immediately adjacent to the site. They are aware of the additional measures that will be required to adequately screen and buffer the differing adjoining land uses for any future commercial development and use of the land. The same screening and buffering measures will also be required for all other adjoining residential uses to the property along the Old Jefferson Highway. These properties also benefit from additional buffer yard area from a very wide sewer utility and access easement for a lift station that runs behind the rear of the residences located along this roadway. At its 2/6/23 meeting, the P&Z recommended approval. INPUTS One input was received in objection to the request. No one spoke in objection at the P&Z Hearing. RECOMMENDATION, The Planning and Zoning Commission and Staff recommends approval of a Minor Comprehensive Plan Amendment amending the FLUM from LDR to C. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE MAP FOR THE CITY OF PARIS AS IT PERTAINS TO BLOCK A, LOT 1 AND LOT 22, JEFFERSON HEIGHTS ADDITION, LOCATED IN THE 3800 BLOCK OF SE LOOP 286 AND PART OF 3755 JEFFERSON ROAD (0.202 ACRE, LCAD 12434 AND 22151), IN JEFFERSON HEIGHTS FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (C); 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 February 6, 2023, the Planning and Zoning Commission held a public hearing to review and consider a request to amend the Future Land Use Map from Low Density Residential (LDR) to Commercial (C), for Block A, Lot 1 and Lot 22, Jefferson Heights Addition, Located in the 3800 Block of SE Loop 286 and part of 3755 Jefferson Road (0.202 acre, LCAD 12434 and 22151), and recommended to the City Council approval of same; and, WHEREAS, on February 27, 2023, 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; 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 to change the potential zoning classifications for the property described as Block A, Lot 1 and Lot 22, Jefferson Heights Addition Located in the 3800 Block of SE Loop 286 and part of 3755 Jefferson Road (0.202 acre, LCAD 12434 and 22151), from Low Density Residential (LDR) to Commercial (C). 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 27th day of February, 2023. Paula Portugal, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney