17-Ordinance amending the City's Future Land Use Map
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
05/13/11 Planning &Zoning Shawn Napier, P.E., Director of
Council Date: Commission Engineering, Planning and 17.
05/23/11 Development
RECOMMENDED MOTION:
Public hearing, first reading, deliberate and possibly act on an ordinance adopting 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.
Kenneth Dyer is requesting that the property located on Lot 7, City Block 61, being located at 624 5"'
Street N.E. be rezoned from a General Retail District (GR) to General Retail District (GR) with a
specific use permit (28) Mortuary. The Future Land Use Plan Map recommends that this area be zoned
for Low Density Residential. On May 2, 2011, the Planning and Zoning Commission recommended that
the City Council approve the amendment to the Map that would allow for General Retail use.
The existing building was formerly a funeral home.
Planning and Zoning recommended approval of the amendments to the Future Land Use Plan Map, one
letter was read in to record in favor of the petition. No one spoke in opposition.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 5-0.
EXHIBITS:
Ordinance, memo, letter, and aerial
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $
❑ Department Report ❑ Resolution Budgeted Amt. $
❑ Presentation ® Ordinance YrD 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
99
DRAFT
s/attorney/ordwork/current/624 51e NE Item #17 5-23-11
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 LOT 7, CITY
BLOCK 61, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 624
STH STREET NE PARIS, TEXAS, AS FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, FROM LOW DENSITY RESIDENTIAL (LDR) TO
GENERAL RETAIL (GR) 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 May 2, 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 7, Block 61 City of Paris, Lamar County, Texas,
located at 624 5th Street NE Paris, Texas, as further described in Exhibit "A" attached
hereto, from Low Density Residential (LDR) to General Retail (GR), and following the public
hearing voted to recommend the amendment to the Paris City Council; and,
WHEREAS, on May 23, 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
amendment 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
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determined that this amendment 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
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 8. 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 May 23, 2011.
Joe McCarthy, Mayor Pro Tern
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ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
102
EXHIBIT "A"
The recommended amendment to the Future Land Use Plan Map is as
follows:
Property located at Lot 7, Block 61, Paris, Lamar County, Texas,
also known as 624 5th Street NE, Paris, Texas be changed from a
Low Density Residential Area (LDR) to General Retail Area (GR).
103
EXHIBIT "A"
The recommended amendment to the Future Land Use Plan Map is as
follows:
Property located at Lot 7, Block 61, Paris, Lamar County, Texas,
also known as 624 Sth Street NE, Paris, Texas be changed from a
Low Density Residential Area (LDR) to General Retail Area (GR).
w. 104
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: April 28, 2011
The following proposed revision to the Future Land Use Plan Map will be presented at the
May 2, 2011, meeting of the Planning and Zoning Commission and the May 23, 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 7, City Block 61,
being number 624 5'h Street N.E., be changed from Low Density Residential to General
Retail. This property has been zoned General Retail since prior to 1994, the Future Land
Use Plan Map does not reflect the current zoning. 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 General Retail, then the accompanying zoning request should be denied.
cc: Gene Anderson, Interim City Manager
105
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CITY OIF= VAN',!Kk
April 28, 2011
Planning and Zoning Commissioners
RE: IN FAVOR OF
6245 TH STREET N.E.
Dear Commissioners:
The City of Paris PlanninP, and Development Department received a phone call from Flora Rucker,
property owner, at 624 6`' Street N.E. on April 25, 2011. Ms. Rucker stated she is disabled and
unable to attend the commission meeting on May 2, 2011, therefore she requested the City of Paris
notify the Planning and Zoning Commission and the City Council that she is in favor of the zoning
request for the property located at 624 5th Street N.E. Please let me know if you have any
questions.
Sincerely,
aa Scott
Planning and Development Department
/j s
P. O. BOX 9037 PARIS, TEXAS 75461-9037 (903) 7849234 FAX (903) 7841798
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