14 Planning & ZonningCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
1/22/09
Planning & Zoning
Lisa A. Wright, Director of
Council Date:
Commission
Community Development
14.
1 /26/09
RECOMMENDED MOTION:
Move to approve on second reading an ordinance amending the Future Land Use Plan Map.
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 of Lot 11, City Block 35, being number 221 8t'' Street N.E.
The property owner wishes to operate a single person nail and skin care salon. 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 January 5, 2009, the Planning and Zoning Commission
recommended that the City Council amend the Map to allow for Retail use.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended that the Future Land Use Plan Map be revised to allow for Retail use.
E XHIBITS:
Ordinance; aerials of proposed changes
ACl"ION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑
Department Report
❑
Resolution
Budgeted Amt
$
❑
Presentation
~
Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct Name
A+cct Number
FiscAr.. NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
• U0006U
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN
MAP FOR THE CITY OF PARIS AS SET FORTH HEREIN; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY 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 January 5, 2009, 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 January 12, 2009, 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 llse Plan Map as set forth in Exhibit A attached hereto; and,
WHEREAS, following the public hearing and consideration of the proposed amendment to
the Future Land Use Plan Map for the City of Paris, the City Council determined that these
amendments 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 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.
0 UOU6i
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 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. 1-6 of Chapter One 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 7. Introduced and read on first reading on January 12, 2009, at a regular meeting
of the City Council of the City of Paris and read and passed on second reading on January 26,
2009, at a regular meeting of the City Council of the City of Paris; the same being two (2)
separate regular meetings of the City Council of the City of Paris.
Section 9. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 26th day of January, 2009.
Jesse James Freelen, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
0000662
EXHIBIT "A"
The recommended amendments to the Future Land Use Plan Map are as follows:
Property located on Lot 11, City Block 35, being number 221 8th Street NE,
be changed from Low Density Residential to Neighborhood Service.
000063