21-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 21.
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.
Mack Ross is requesting that the property located on part of a 14 acre tract of land on the Joseph Leach
Survey, being located in the 200 Block of 30th Street N.E. be rezoned from a One-Family Dwelling
District No. 2 (SF-2) to a Multi-Family Dwelling District No. 2 (MF-2). 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 deny the amendment to the Map that would
allow for High Density Residential use.
Planning and Zoning recommended denial of the amendments to the Future Land Use Plan Map, one
individual spoke in favor the petition. Nine individuals spoke in opposition.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended denial of this request by a vote of 5-0.
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
131
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s/attorney/ordwork/200 block 301n ne item #21
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 3, BLOCK
294, PART OF THE JOSEPH LEACH SURVEY, PARIS, LAMAR COUNTY,
TEXAS (LOCATED IN THE 200 BLOCK OF 30TH STREET NE, PARIS, TEXAS)
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 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 Lot 4, Block 294, part of the Joseph Leach Survey, Paris, Lamar County, Texas
(located in the 200 Block of 30th NE, Paris, Texas) as more particularly described in Exhibit
"A" attached hereto, from Low Density Residential (LDR) to High Density Residential
(HDR).
WHEREAS, following the public hearing and discussion pertaining to the proposed
amendment to the Future Land Use Plan Map, the Planning and Zoning Commission voted
5-0 to deny the requested amendment, 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
amendments to the Future Land Use Plan Map as set forth in Exhibit "A" attached hereto;
and,
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WHEREAS, following the public hearing and consideration of the recommendation
of the Planning and Zoning Commission related to the proposed amendment to the Future
Land Use Plan Map for the City of Paris, the City Council voted _ Aye_ Nay to
the proposed amendment to the Future Land Use Plan Map for the City of
Paris, Texas.
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
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.
133
PASSED AND ADOPTED on first and final reading this May 23, 2011.
Joe McCarthy, Mayor Pro Tem
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
134
EXHIBIT "A"
The recommended amendments to the Future Land Use Plan Map are as
follows:
Part of the Joseph Leach Survey and part of the 14 acre tract
allotted to D.Y. Hearn in the partition deed between the heirs of
E. Hearn and S. Hearn, deceased , of record in Book 69, Page 340
of the Deed Records of said County and State:
BEGINNING at a stake on the West line of said 14 acre
tract sold by D.Y. Hearn and wife to J.C. Williams, by deed
recorded in Volume 151, Page 297.
THENCE South 6.4 poles, a stake;
THENCE West 50 poles a stake on the WBL of said 14
acre tract;
THENCE North 6.4 poles to the place of beginning,
containing 2 acres.
BEING the same property described in deed dated
November 28, 1928, from H.A. Cothran et ux to R.L. Lewis,
recorded in Book 222, Page 474, Lamar County, Texas, Deed
Records.
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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: 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 part of a 14 acre tract of
land of the Joseph Leach Survey, being located in the 200 Block of 30th Street N.E., be
changed from Low Density Residential to High Density Residential. 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 High Density Residential, then the accompanying
zoning request should be denied.
cc: Gene Anderson, Interim City Manager
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