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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 Draft 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, - 132 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. - 135 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 136 2 ~ Z coil ca c O CD W N 30th 0 N 0 0 o ID# 403242 Ip 2840 ypy~~ ~k ~t ly. 1 ~l A -p (9 CO ID# 403244 ID# 403255. ID# 12052 ID# 403245 ID#403256 ID# 12053 ID# 403246 ID# 403257 ID# 403254 p o o°o ° Z o ID# 12054 W ° D w r w ~ ID#18501 N _ _ = m ID#12055 m ID# 403247 0 0 ID# 403248 ID# 12056 p ID# 403250 ID# 403258 N N 0o ID# 403251 ID# 403259 111 12057 ID# 403252 i ID# 403260 0- ID#,12058 ID# 403253 ID# 402722 j` ID# 12059 r F: z ID# 12060 7; =3 U) O 13'7