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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.