Loading...
16 OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item lvo.: 11/04/08 Planning & Zoning Lisa A. Wright, Director of Council Date: Commission Community Development 16. 11/10/08 RECOMMENDED MOTION: Public hearing and first reading of an Ordinance amending the Future Lane Use Plan Map changing 3215 North Main Street from Retail to Light Industrial and changing 4050 Pine Mill Road from Low Density Residential to High Density Residential. POLICY ISSUE(S): Planning & Zoning BACKGROUND: The current Comprehensive Plan and accompanying Future Land Use Map was adopted on September 6, 2001. A revised Map and Legend Explanations were adopted on May 12, 2008. Any zoning changes which do not comply with the recommended uses shown on the Future Land Use Plan Map require a formal amendment to such Map. A. Lot 1, City Block 307-A, being number 3215 N. Main Street - The property owner wishes to construct a large warehouse for Campbell's Soup. The Future Land Use Plan Map recommends that this area be zoned for Retail use, which will not allow the proposed project to move forward. On November 3, 2008, the Planning and Zoning Commission recommended that the City Council amend the Map to allow for Light Industrial use. B. A208 E. Crow Survey, Tracts 24 and 78, being number 4050 Pine Mill Road - The property owner wishes to construct several duplexes and four-plexes on the subject property. The Future Land Use Plan Map recommends that this area be zoned for Low Density Residential use, which will not allow the proposed project to move forward. On November 3, 2008, the Planning and Zoning Commission recommended that the City Council amend the Map to allow for High Density Residential use. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of both proposed changes by a vote of 6-0. EXHIBITS: Ordinance; aerials of proposed changes; and Planning and Zoning minutes ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number Fiscni. NoTES: REVIEWED AND APPROVED BY: ~ Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 000251 DRAFT attorney\ordwork\current\Amend Land Use Plan Map Ord 11-10-08 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISI0111S TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS SET FORTH HEREIN; MAKING OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PEIVALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 211.004 of the Local Government Code requires that all zoning regulations must be adopted in accordance with a comprehensive plan and must be designated 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, on September 6, 2001, the City Council of the City of Paris enacted Ordinance No. 2001-054 which adopted a new Comprehensive Zoning and Land Use Plan for the City of Paris; and, WHEREAS, on May 12, 2008, the City Council of the City of Paris enacted Ordinance No. 2008-016 amending the Future Land Use Plan Map and Future Land Use Plan Map Legend Explanations; and, WHEREAS, on November 3, 2008, the Planning and Zoning Commission held a public hearing to review and consider additional amendments to the Future Land Use Plan Map; and, WHEREAS, on November 10, 2008, 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 amendments to the Future Land Use Plan Map as set forth in Exhibit A attached hereto; and, WHEREAS, the City Council desires to adopt the aforesaid amendments to the Future Land Use Plan Map, 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. - UU0252 . . . . , . ..T... . . . . T_".....~„_...~.T._... Section 2. That the proposed amendments to the Future Land Use Plan Map of the City of Paris, attached hereto as Exhibit A and made a part hereof, be and they are hereby approved and adopted. Section 3. That all provisions of the ordinances of the Ciry 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 any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED this 10th day of November, 2008. Jesse James Freelen, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney w 00025V . . . . . . . . . . T. . . . . 7~._.,._..,.T-. EXHIBIT "A" The recommended amendments to the Future Land Use Plan Map are as follows: 1. Property located on Lot 1, City Block 307-A, being number 3215 N. Main Street, be changed from Retail to Light Industrial. 2. Property located on 8.5 acres being a part of the A208 E. Crow Survey, Tract 24 and 78, being 4050 Pine Mill Road, be changed from Low Density Residential to High Density Residential. _ 0(1025 t , . ..T, . . ..T. . . T._.."".'.~.'.~..T' . . ~ . . . . 7 . . . . r . . _ T . _ T r_ . , ..T~ . . _..T . . . T_.. . _ _ . . T T..... MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS. TEXAS MONDAY, NOVEMBER 3. 2008 5:30 O'CLOCK P.M. 1. The regular meeting of the Planning and Zoning Commission on Monday, November 3, 2008, was called to order at 5:30 p.m. by Reeves Hayter. A. The following members were present: Reeves Hayter, Chairman Curtis Fendley, Vice-Chairman Bill Harris Richard Hunt, Secretary Darin Manning Brad Archer B. The following members were absent: Benny Plata C. Lisa Wright, Community Development Director, was also present. 2. Approval ofminutes from previous meetings. Motion to approve the minutes of the October 6, 2008, meeting was made by Curtis Fendley, seconded by Reeves Hayter. Motion carried 6-0. ITEMS 3.A. AND 4 WHERE COMBINED: 3. Public hearing to provide an opportunity to present commenfs and written evidence and consideration of and action on recommending fo fhe City Council the adoption of proposed amendments to the Future Land Use P/an Map as follows: A. That the future land use recommended for the property /ocated on Lot 1, City Block 307-A, being number 3215 North Main Street, be changed from Retail to Light Industrial. 4. Public hearing and consideration of and acfion on the petition of Mark Jones for a change in zoning from a Commercia/ District (C) to a Light Industrial District (LI) on Lot 1, City B/ock 307-A, being number 3215 North Main Streef. _ 000259 ...T. . ..r. . .r-_. ^_.••r The public hearing on the amendments to the Future Land Use Plan Map and the requested zoning change was declared open. A. The following individuals spoke in favor of the proposed future land use plan map amendment and zoning change petition. Mark Jones, 380 Private Rd 42495, Paris 75462, stated he wants to build a warehouse, so he needs Light Industrial zoning. B. There was no opposition. C. The public hearing was declared closed. Motion was made by Curtis Fendley, seconded by Brad Archer, to recommend to the City Council the amendment of the Future Land Use Plan Map and approval of the zoning change petition. Motion carried 6-0. ITEMS 3.13. AND 5 WERE COMBINED: 3. Public hearing to provide an opportunity to present comments and written evidence and consideration of and action on recommending fo the city Council the adoption of proposed amendments to the Future Land Use P/an Map as follows: B. That the future land use recommended for the property /ocated on 8.5 acres being a part of the A208 E. Crow Survey, Tracts 24 and 78, being number 4050 Pine Mill Road, be changed from Low Densify Residential to High Density Residential. 5. Public hearing and consideration of and action on the petition of D. Wayne Brown for a change in zoning from a Agricultural District (A) to A Multiple- Family Dwelling District No. 2(MF-2) on 8.5 acres being a part of the A208 E. Crow Survey, Tracts 24 and 78, and being number 4050 Pine Mill Road. The public hearing on the amendments to the Future Land Use Plan Map and the requested zoning change was declared open. D. The following individuals spoke in favor of the proposed future land use plan map amendment and zoning change petition. D. Wayne Brown, 3305 33rd Street N.E., stated that the property to the east is currently agricultural, to the south is partially agricultural, there are 50' lots nearby, Castlegate has duplexes in the area, and commercial property is nearby. Mr. Brown further stated that behind Paris Lumber is zoned Light Industrial, there is a Fire Station across the street to the west, and Celebration Station is across the street to the - 000260. north. He said he felt the proposed use is the best use for this property. He advised he wants to build duplexes and four-plexes, and this will increase the tax value in the area. B. The foliowing individuals spoke in opposition of the petition. Sue Shelton, 4130 Castlegate Drive, stated she was not opposed to the request, but she had questions. She asked Mr. Brown where the driveway would be located, if it would be directly across from where Castlegate Drive met Pine Mill Road. Mr. Brown stated that it would not. The public hearing was declared closed. Motion was made by Brad Archer, seconded by Curtis Fendley, to recommend to the City Council the amendment of the Future Land Use Plan Map and approval of the zoning change petition. Motion carried 6-0. 6. Consideration of and action on the Preliminary Plat of Lot 5, B/ock C, Townwood Estates #3, being number 1235 Loop 286 N.E. This item was withdrawn by the applicant. 7. Consideration of and action on the Fina/ P/at of Lot 5, Block C, Townwood Estates #3, being number 1235 Loop 286 N.E. This item was withdrawn by the applicant. 8. Consideration of and action on the Preliminary P/at of Lot 3, Block A, Pine Mill Business Park, being located in the 3700 b/ock of Pine Mill Road. Motion was made by Curtis Fendley, seconded by Bill Harris, to approve the plat subject to the City Engineer's recommendations. Motion carried 6-0. 9. Consideration of and action on the Master Plat of Lot 3, B/ock A, Pine Mill Business Park, being /ocated in the 3700 b/ock of Pine Mill Road. Motion was made by Brad Archer, seconded by Darin Manning, to approve the plat subject to the City Engineer's recommendation. Motion carried 6-0. 10. Progress update from the Manufactured Housing Subcommittee. Lisa Wright reported to the Commission that the Subcommittee had met a couple of weeks ago and decided that they wanted to draft an ordinance that would treat manufactured housing subdivisions the same as other - 0faf!261 . . . , . . T. . .T..... subdivisions, meaning that they wanted the subdivisions to look like a typical neighborhood. She advised that she had done a great deal of research and couldn't find an ordinance that addressed everything the Subcommittee had requested, but she felt that she had found enough from various cities that one could be pieced together and used as a foundation to make some revisions to. Richard Hunt asked if there would be any provisions for the use of these homes in the event of a natural disaster, and Ms. Wright advised that the Subcommittee plans to add provisions for the temporary use of these homes in the event of fires, tornados, etc. She stated that the Subcommittee would be meeting again in the next week or so. 11. The meeting adjourned at 5:55 p.m. APPROVED THIS 1ST DAY OF DECEMBER, 2008. Reeves Hayter, Chairman onn2F?