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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 100 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 101 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 - , tw;a fi; .a 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 1. 106 - - y 1 lr Z6bbl "#Q~ - bZ8b L' #01 3N +y19 t7BV t7 #01 - s °n C) 00 (0 (0 ~.:ID#26:. 19 17 ~#Clj - - ~Z08b1#al ID#"- 14803, i L£bb . e:. ~x t ~ ~,l #41 !{s. 00 ID#:14804 v v v ~t ❑a get, 00 i e t ' • ❑ . ; . ❑ O co aof ` co c~ _ - - - co (D n: v off' + 3 N~ 449 'r ate' Y°*•ro - ,:,...w i .ea r 4 `vi 6L6bl #QI + 01 co M - 00 (O co P c7 a0 00 co v m c CY) . ❑ O ❑ Cl) > 8L6b L #41 0 - - _ o o rn - LL6b L #01 { M co 00 9L6b L #OI ~ ~ 0 - - ID# 14393 - - N ; N 43>b s 10'7