12 Planning & ZoningCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originat,ing Department:
Presented By:
Agenda Item No.:
03/02/09
Planning & Zoning
Shawn Napier, Director of
Council Date:
Commission
Engineering
12•
03/09/09
RECOMMENDED MOTION:
Move to approve an ordinance approving and adopting revisions to the Future Land Use Plan Map for
the property located on Lots 9 and 10, Block 3, Maryville Addition, being numbers 1004 and 1010 12t1i
Street S.E.
PoLicY IsstrE(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.
The property owner of Lots 9 and 10, Block 3, Maryville Addition, being numbers 1004 and 1010 12`i'
Street S.E. wishes to construct one triplex on this property. The Future Land Use Plan Nlap
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 High Density Residential use. One citizen spoke in favor
of the request and no one spoke against it.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended that the Future Land Use Plan Map be revised by a vote of 6-0.
EXHIBITS:
Ordinance and letter of intention from Al Alexander, owner of the property
ACTION:
BUDGET INFO:
❑ Financial Report
❑ Minute Order
Expense
$
❑ Department Report
❑ Resolution
Budgeted Amt
$
❑ Pmsentation ~
Ordinance
y'I'D Actual
$
❑ Public Hearing ❑
Other
Acct Name
Acct Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
ZAdministration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court 0 Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris ~00006\' Revised 2/04/08
February 24, 2009
Shawn Napier
Cammunity Development
P Q Box 9037
Paris, TX 75461-903 7
Dear Mr, Napier:
This Ietter is to inform you my intention for Lots 9 and 10, Blook 3, Maryville Addition,
Iocated st 1004 and 1010 12`b Street S.E., will be to construct one Tri-Plex unit,
Your assistance in this matter will be greatly appreciated,
~
A1 Alexander
President, ATLY Fnterprise, Tnc.
405 850-9143
- LOi)07ij
T' d XdJ 13C213SFi-1 dH Wd6 T:0 T 6002 t,Z qaJ
ORDINANCE NO.
AN ORDINANCE OF THE CITY COU11iCIL 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 February 2, 2009, the Planning and Zoning Commission held a public
hearing to review and consider a request to amend the Future Land Use Plan Map as set forth in
Exhibit A attached hereto and following the public hearing recommend the amendment to City
Council; and, WHEREAS, on February 23, 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 Use 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 Z. That the proposed amendments to the Future Land Use Plan Map of the Ciry
of Paris, attached hereto as Exhibit A and made a part hereof, be and they are hereby approved
and adopted.
. Li 9)()tJ71
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 February 23, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on March
9, 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 9th day of March, 2009.
Jesse James Freelen, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
" (l() 0 l:.
EXHIBIT "A"
The recommended amendments to the Future Land Use Plan Map are as follows:
Properry located on Lots 9 and 10, Block 3, Maryville Addition, being
numbers 1004 and 1010 12th Street SE, be changed from Low Density
Residential to High Density Residential.