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19-Future Land Use Map CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10115110 Planning & Zoning Shawn Napier, P.E. Director of Council Date: Commission Engineering, Planning & 19. 10/25/10 Development RECOMMENDED MOTION: Public hearing, deliberate, first reading, and possibly act on an Ordinance amending the Future Land Use Plan Map on Lot Part of 14, City Block 306-C, located at 4220 North Main Street from a Commercial District to Light Industrial District. POLICY ISSUE (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. Paul A. Stephens is requesting that the property located on Lot Part of 14, City Block 306-C, located at 4220 North Main Street, be rezoned from a Commercial District to Light Industrial District. The Future Land Use Plan Map recommends that this area be zoned for Commercial use, which will not allow the proposed project to move forward. On October 4, 2010, the Planning and Zoning Commission recommended that the City Council approve the amendment to the Map that would allow for Light Industrial use. Planning & Zoning recommended approval of the amendment to the Future Land Use Plan Map, no one spoke in favor of the petition. No one 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, memo, location aerial, and site photo ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ® Ordinance YTD Actual $ ® Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 0213 DRAFT S:\ORDWORK\CURRENT\Zoning ORD - Land Use - 4220 N. Main (Paul Stephens).docx ORDINANCE 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 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 October 4, 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 part of Lot 14, City Block 306-C, being located at 4220 North Main 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 October 25, 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. 0214 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 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. 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 251h day of October, 2010. Will Biard, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 0215 EXHIBIT "A" The recommended amendments to the Future Land Use Plan Map are as follows: Property located on Part of Lot 14, City Block 306-C, being located at 4220 North Main Street, City of Paris, Texas, be changed from a Commercial District to Light Industrial District. 0216 MEMORANDUM TO: Chairman 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: September 28, 2010 The following proposed revision to the Future Land Use Plan Map will be presented at the October 4, 2010, meeting of the Planning and Zoning Commission and the October 25, 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 Part of 14, City Block 306-C, being number 4220 North Main Street, be changed from Commercial District to Light Industrial 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 Commercial, then the accompanying zoning request'should be denied. cc: Kevin Carruth, City Manager 021.7 u `rte ~ " ~ A• Kri.. ~ s' ~ 'i ~fi 4 d r t 4,7 4 _ „ . ' het • A , #z: •,.nr. -.n !t' r.~ old Fe~.r y.. ' 3. .,fi..w~erte A:tw'' i , . sF.: X •n' _ _ pia.*J''• / t*t`. •pr•b•"s ;~'..t /r~' 1 .fie x i{N vi'~q'H ~w~..`t+s* , . 1t t.y > rA6> • z 0 N N cfi' 02 ►q