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15-Conduct public hearings to present comments and approve ord. amending the Future Land Use Plan MapCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: 8/17/09 Planning & Zoning Shawn Napier, P.E. Director of Council Date: Commission Engineering, Planning & 8/24/09 Development Agenda ltem 1V o.: 15. RECOMMENDED MOTION: Conduct public hearings to provide an opportunity to present comments and written evidence and ap rove an ordinance amending the Future Land Use Plan Map. POLICY ISSUE(S): Planning & Zoning BACKGROUND: Planning and Zoning had a meeting on August 3, 2009 and made recommendations on proposed revisions to the Future Land Use Plan Map. Following this briefing sheet are the memos, location aerials, and site photos of the properties. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance (memos, location aerials, and site photos are behind 15a, 15b, and 15c) ACTION: F-I Financ ❑ Deparl ~ Presen Z Public BUDGET INFO: ial Report ❑ Minute Order Expense $ ment Report ❑ Resolution Budgeted Amt. $ tation ~ Ordinance yTD Actual $ Hearing ❑ Other Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: E Administration 0 City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities Revised 2/04/08 City of Paris _ DRAFT attorney\ordwork\current\Amend Land Use Plan Map Ord - 3 sites 2009 ORDINAIVCE 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 FINDIIVGS 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 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 August 3, 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 property more particularly described in Exhibit A attached hereto, and following the public hearing recommend the Commission recommended that the Future Land use Plan Map be amended for 3909 FM 195 and 1920 S. Church Street, but not for 2750 Bonham Street; and, WHEREAS, on August 24, 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 amendments 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 ORDAi1VED 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, 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 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 validiry 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 Ciry 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 24th day of August, 2009. Jesse James Freelen, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ~ J EXHIBIT "A" The recommended amendments to the Future Land Use Plan Map are as follows: a. Property located on a 0.470 tract of land that is part of the Wesley Askins Survey #7, located at 3909 Farm to market 195, be changed from Low Density Residential to Commercial. b. Property located on 1.094 acres situated on the west portion of Lot 3, City Block 170-A, located at 1920 South Church Street, be changed from Light Industrial to Commercial. ; I V - - \,lJ rw.