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08-Future Land Use Plan Map for the City of Paris CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 04/29/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 8. 05/09/11 Development RECOMMENDED MOTION: Second reading, deliberate and possibly act on an ordinance adopted amendments to the Future Land Use Plan Map. POLICY ISSUE(S): Future Land Use Map, 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. We Reit, LLC is requesting that the property located on Lot 2, Block 1; Lot 1, Block 2; Lots 1 & 2, Block 3, Lots 4-9, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Texas & Pacific Addition; and Lots 3 and 4, City Block 162, being located between South Church Street, 61h Street S.E., Paris Boulevard and Union Pacific Railroad; be rezoned from a Light Industrial District (LI) to a Heavy Industrial District (HI) in addition the property located on Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, being located between South Church Street, 6`h Street S.E., Paris Boulevard and Union Pacific Railroad be rezoned from Commercial District (C) to a Heavy Industrial District (HI). The Future Land Use Plan Map recommends that this area be zoned for Light Industrial. On April 4, 2011, the Planning and Zoning Commission recommended that the City Council approve the amendment to the Map that would allow for Heavy Industrial use. Planning and Zoning recommended approval of the amendments to the Future Land Use Plan Map, one individual spoke in favor the petition. No one spoke in opposition. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 6-0. EXHIBITS: Ordinance, memo, and aerial 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 13 DRAFT 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 IT PERTAINS TO AN AREA BOUNDED BY 6TH STREET SE, CHURCH STREET, PARIS BLVD AND THE UNION PACIFIC RAILROAD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 April 4, 2011 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 property located on Lot 2, Block 1; Lot 1, Block 2; Lots 1 and 2, Block 3, Lots 4-9, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas and Pacific Addition; Lots 3 & 4, City Block 162 of the City of Paris, Lamar County, Texas, as more particularly described in Exhibit "A" attached hereto, from a Light Industrial Area (LI) to a Heavy Industrial Area (HI), and following the public hearing voted to recommend the amendment to City Council; and, WHEREAS, on April 25, 2011, 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, 14 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 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 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 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 this ordinance was introduced and read on first reading on April 25, 2011, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on May 9, 2011, 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 8. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. - 15 PASSED AND ADOPTED on first and final reading this May 9, 2011. Joe McCarthy, Mayor Pro Tem ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 16 EXHIBIT "A" The recommended amendments to the Future Land Use Plan Map are as follows: Property located on Lot 2, Block 1; Lot 1, Block 2; Lots 1 and 2, Block 3, Lots 4-9, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9 of the Texas and Pacific Addition; and Lots 3 & 4, City Block 162 be changed from a Light Industrial Area (LI) to a Heavy Industrial Area (HI). 17 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: March 28, 2011 The following proposed revision to the Future Land Use Plan Map will be presented at the April 4, 2011, meeting of the Planning and Zoning Commission and the April 11, 2011, meeting of the City Council of the City of Paris for consideration: That the future land use recommended for the property located on Lot 2, Block 1; Lot 1, Block 2; Lots 1 & 2, Block 3, Lots 4-9, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition; Lots 3 and 4, City Block 162 be changed from a Light Industrial District to a Heavy 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 Heavy Industrial, then the accompanying zoning request should be denied. cc: Gene Anderson, Interim City Manager 18 A z d~t kw rt , Main a L` 0 0 0 0 0 949EL #41 ~ c n ~ ~ ~ ,n ~o ' A A A ~p (p t0 r A W N (OD cO0 ~ (00 ~ A N ~ fOp . N W ? CJI Ov ~ ID# 13446 w ~o co. m ?i , cAn ~ w a t. a • cn cn ~ ' 4 P • A church.. CZ N' ODa I i# 4t ID# 9960 co ■4• 98ZZZ #01 y ~0966b"#~L' a Y ~ O of 9 ~ g d = 3rd S'E V ~ loo W 4 i.`-'r 4. 1.•V x . r , d l Y Ara 0 W , i ID#93470 + ID# 13469 IN 13472 ID# 13473 ID# 13471 ~ i ~ 'a 1 ~ 'c~n ID# 13477 ID# 13476 N ~ ~ ~ A ~ O W N ~ ~ o t V _ p o O # O y w. W V V A W `ry N N p _ A t 1 0o S o ee~ t M t.. Y. ~ m d m p 7 19