08-Amending the Future Land Use Plan MapCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
7/21/09
Planning & Zoning
Shawn Napier, P.E. Director of
Council Date:
Commission
Engineering, Planning &
8.
7/27/09
Development
RECOMMENDED MOTION:
Not an action item - public hearing and first reading
PoLICY IssuE(s):
Planning & Zoning; public hearing
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 at 1500 Washington (Lot 2, Block 308) wishes to construct a seniors (55 an older
apartment complex) 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 July 6, 2009, the Planning and Zoning Commission recommended that the City Council amend the
Map to allow for High Density Residential use.
Planning & Zoning recommended amending the Future Land Use Plan Map, several people spoke in
favor of the petition. One person spoke in opposition.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of the Future Land Use Plan Map amendment by a vote of 5-0.
EXHIBITS:
Ordinance, aerials, and site photos
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'I'D Actual
$
Z Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Coutt Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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DRAFT
attorney\ordwork\current\Amend Land Use Plan Map Ord - Sum Tex Partners 2009
ORDINA111CE 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
PROVIDIIVG A1V 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 designed 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 July 6, 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 it pertains to Lot 2,
City Block 308 located at 1500 West Washington, Paris, Texas, as more particularly described in
Exhibit A attached hereto, and following the public hearing recommend the amendment to City
Council; and,
WHEREAS, on July 27, 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.
1VOW, 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.
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Section 2. That the proposed amendment to the Future Land Use Plan Map of the City of
Paris, as more particularly described in Exhibit A attached hereto and incorporated herein, be
and is hereby approved and adopted.
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 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
invalidiry 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. That by a supermajority vote of _ ayes and _ nays, the City Council voted
to suspend the rule requiring two readings before adoption of this ordinance.
Section 9. That this ordinance shall become effective from and after its passage of the
first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading this 27th day of July, 2009.
Jesse james Freelen, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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EXHIBIT "A"
The recommended amendments to the Future Land Use Plan Map are as follows:
Property located on Lot 2, City Block 308, , being located at 1500 West
Washington, be changed from Low Density Residential to High Densiry
Residential.
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MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: June 24, 2009
The following zoning change request will be presented at the July 6, 2009, meeting of the
Planning and Zoning Commission and the July 27, 2009, meeting of the City Council of the City of
Paris for consideration:
SumTex Partners, Inc. is requesting that the property located on Lot 2, City Block 308,
being number 1500 West Washington, be rezoned from Single Family Dwelling District
No. 2(SF-2) to Planned Development District (PD-b) Housing Development or
Community Unit Development. The Comprehensive Plan recommends that this property
be zoned Low Density Residential. Approval of this request would require an amendment
to the Comprehensive Land Use Map.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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