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2024-007 - Amending Ordinance No. 1315 Subdivision Regulations - Master Thoroughfare Plan-Dedicaiton of Land-Street RequirementsORDINANCE NO. 2024-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF THE CITY OF PARIS, AS HERETOFORE AMENDED, REGARDING THE MASTER THOROUGHFARE PLAN, DEDICATION OF LAND, AND STREET REQUIREMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted a Subdivision Ordinance to regulate subdivision and development of land located inside the corporate City limits and the extraterritorial jurisdiction of the City of Paris, Texas; and, WHEREAS, in 2023, the Texas Legislature enacted House Bill 3699 which made several changes to Chapter 212 of the Texas Local Government Code (LGC) amending certain regulations and requirements for the platting process, including those relating to the Master Thoroughfare Plan and land dedication; and WHEREAS, at its February 5, 2024, meeting, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments contained in this ordinance, and, following said hearing made formal recommendation to the City Council to approve same; and WHEREAS, on February 12, 2024, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that the proposed changes to the City's Subdivision Ordinance, as set out below, are in the best interest of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 4 ayes and 0 nays. 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 City Ordinance No. 1315 (Exhibit 9A to Chapter 9 of the City of Paris Code of Ordinance) VIII, "General Requirements; Thoroughfare Plan," subsections A., B., and C., shall be amended to read as set forth in Exhibit A attached hereto and incorporated by reference. Section 3. That the remainder of Section VIII, subsections D. through J., shall remain as currently written. Section 4. 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 S. 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 6. 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 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section B. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this the 12th day of February, 2024. `0�►E I C 1 T y /1���i,� ATTEST: City Clerk ........ °. nice. Alis �''� ;�gRIS,1E'�PS��`��� �rrrrnt�►������ ?PROVED AS TO FORM: ie H. Harris, City Attorney m,.. R ald B. Hughes, Mayor ,,„ Exhibit A VIII General Requirements; Thoroughfare Plan A. THOROUGHFARE PLAN ADOPTED; PURPOSE. The city has heretofore adopted hereby adepts the Mmaster!thoroughfare PRlan MIP-PrAx-p-Laul to aid in Prompting safe, orderbL..and healthful develo4iment within the ci _ � n _itsPT Yr:,��i �,,,. the location an size of te,.e,,,.hfar-e the e-k:�- The streets of a proposed subdivision shall conform to the re lu rements of the MTP as may from time to time be amended. Roadway and right, of way Off" requirements shall be based on -the roadway classifications established by the lM and this Ordinance. general intent of the approved thoroughfare plan. The C;" have the authority to deter -mine Fina alignment and right of way requirements. B. FUTURE DEVELOPMENT. The city has adopted and will update the MTP._ by ordinance. The intention of the plan is to minimize traffic and to provide for thoroughfares that appropriately address the traffic demand provided by existing and projected development. The plan addresses pedestrian and auto -oriented modes of travel in a manner that provides for safe interaction between pedestrian and automobile -oriented uses, while reducing automobile -oriented trips within the city. Roadway infrastructure shall be designed in a manner to minimize negative impacts on the environment and to limit roadway construction and maintenance costs. 2. All future developments and subdivisions of land in the city and its extraterritorial jurisdiction shall be designed and constructed in accordance with the master thoroughfare plan and this Ordinance to the full extent allowed un a lawsofthe State. of Texas and subs ect to Section VIII. C. herein below. C. DEDICATION REQUIRED. Excet as set forth in Subsection VIII. C. 2. Aas a condition for the approval of all future subdivision plats submitted to the city for approval, the owners of the property to be developed shall dedicate to the public; f required by the ph -H+, sufficient property along existing rod wad. ROW to provide the minimum ROW width of the thoroughfare established by the MTP andITthis Ordinance. master- t ereughfare ,. la f 2. The city shall.not..re uire the dedication of land within a subdivision for a future street or alien unless such future street or alley :.s intended by the owner of the tract and is indUded,. funded„ and is ammiroved..n..a a ca vital imjrovemelan adoited...bihe ci;' or fib.)_ a similar Ilan adopted by Lamar Coun ^ '. Tp.ms.., 3. A person who develops property shall construct sidewalks in accordance with the Americans with Disabilities Act. Subsections D. throweh 1. shall remain as currentlywritten.