09-Deliberate and possibly act on an Ordinance changing the future land use map for the property located on Lot N Part of 1-A, City Block 328CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
Agenda Item No.:
08/19/10
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
9.
08/23/10 ~
Develo ment
RECOMMENDED MOTION:
[NOT AN ACTION ITEM - FIRST READING] IF SUPERMAJORITY RULE INVOKED - Move to deny an ordinance
changing the Future Land Use Plan Map for the property located at 3405 Bonham Street from general
Retail District to Commercial District.
POLICY ISSUE(S):
Public Hearing; Planning
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 the map.
Mr. Randall L. Mancuso is requesting that the property located on Lot North part of 1-A, City Block
328, located at 3405 Bonham Street, be rezoned from a Planned Development District (PD-b) Housing
development or community unit development to a Commercial District (C). Mr. Mancuso wants to park
his tractor-trailer in his driveway facing Bonham Street (parking a tractor-trailer in a residential area is
prohibited by Sec. 31-81 of the Code of Ordinances). The Future Land Use Plan Map recommends that
this area be zoned for General Retail.
On August 2, 2010, the Planning and Zoning Commission recommended that the City Council deny the
amendment to the Future Land Use Plan Map that would allow for Commercial use because they did not
want to set a precedent for allowing large trucks to be parked in residential areas. Neither Mr. Mancuso
nor his wife attended the P&Z meeting and no one spoke in favor or against the petition.
BOARD/COMMISSION RECOMMENDATION:
P&Z recommended denial of this request by a vote of 5-2.
EXHIBITS:
Ordinance, memo, location aerial, and site photo
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 2 City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court 0 Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Uriliries
City of Paris 5 2- Revised 2/04/08
ORDINANCE N0.
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 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 Ciry 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 2, 2010, 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 the
North Part of Lot 1-A, City Block 328, being located at 3405 Bonham Street, 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 August 23, 2010, 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 2. That the proposed amendment to the Future Land Use Plan Map of the Ciry of
Paris, as more particularly described in Exhibit A attached hereto and incorporated herein, be
and is hereby approved and adopted.
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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
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. 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 B. 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 23rd day of August, 2010.
Will Biard, 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 the North Part of Lot 1-A, City Block 328, being
located at 3405 Bonham Street, City of Paris, Texas, be changed from
Planned Development District (PD-b) Housing Unit Development to
Commercial District (C).
553)
MEMORANDUM
TO: Chainnan and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Jeanna Scott, Planning and Development Department
SUBJECT: Revisions to the Future Land Use Plan Map
DATE: July 26, 2010
The following pi•oposed revision to the Future Land Use Plan Map will be presented at the
August 2, 2010, meeting of the Planning and Zoning Commission and the August 23, 2010,
meeting of the City Council of the City of Paris for consideration:
That the future land use recommended for the property located on Lot N Part of 1-A, City
Block 328, being number 3405 Bonham Street, be changed from General Retail District to
Commercial District. Following this request on the agenda will be a public hearing to
consider the zoning change which prompted the necessity for this item. If the
Commission recommends that the Future Land Use Plan Map not be revised to
Coinmercial, then the accoinpanying zoning request should be denied.
cc: Kevin Carruth, City Manager
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