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11-AMENDING CITY'S FUTURE LAND USE MAP AT 636 TUDOR STCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/08/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 11. 08/22/11 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. Carla Wallace is requesting that the property located on Lot 6, City Block 63, being located at 636 Tudor Street be rezoned from a Neighborhood Service District (NS) to a General Retail District (GR). The Future Land Use Plan Map recommends that this area be zoned for Low Density Residential. On August 1, 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 property is currently being used as a retail store. Planning and Zoning recommended approval of the amendments to the Future Land Use Plan Map, two individuals spoke in favor of the petition. No one spoke in opposition. BOARD/ COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 7-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: F-I 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: E Administration E City Clerk Z Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police Z Eng./Public Wotks ❑ Utilities City of Paris Revised 2/04/08 75 Draft s:attorney/ordwork/current/land use map/636 Tudor 8-22-11 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 6, CITY BLOCK 63, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 636 TUDOR STREET PARIS, TEXAS, FROM LOW DENSITY RESIDENTIAL DISTRICT (LR) TO GENERAL RETAIL DISTRICT (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 August 1, 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 6, City Block 63, City of Paris, Lamar County, Texas, located at 636 Tudor Street Paris, Texas, from Low Density Residential District (LR) to General Retail (GR), and following the public hearing voted to recommend the amendment to the Paris City Council; and, WHEREAS, on August 22, 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.; 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 determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. 76 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, Texas as more particularly described as Lot 6, City Block 63, City of Paris, Lamar County, Texas, located at 636 Tudor Street, 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 August 22, 2011. A.J. Hashmi, M.D., Mayor . 77 ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney . - 78 MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Planning and Developrnent Department SUBJECT: Revisions to the Future Land Use Plan Map DATE: July 25, 2011 The following proposed revision to the Future Land Use Plan Map will be presented at the August l, 2011, meeting of the Planning and Zoning Commission and the August 22, 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 6, City Block 63, being located at 636 Tudor Street, be changed from Low Density Residential to General Retail. 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 recormnends 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 - ~ 79 } ~ \ 4 i 4 ~ ~ xr ~ p. : r ~ i t t ~ t ~ s F ~ w t> , f ~y ~ i . .~w .1.. ~ f . 7 t a. 'r s. t ~ . . ! c a - • ~ ~ . ~ . . ~5 ' • ~ , ; . • ~ 80 f' l 1 1* 1 . . , ~ . ~ • : i ~ q~ + ' °•f '~~r ~ ~'LS~~h~ Y • ~ ~ l T i. 1 -~y , , , , < < • t}: . * k' F . r 'Y . ` S } . t ~ f . . . f ~ ' 1 '-`•y,... ~ tt i 4 M ~ ~ . , • 1 . . ~ 'Yi~ • ! , . 'i ' . , , . i: ;i,~~ ~ ; . : i, • J v , , ~ ~ ` • i•', 1~ St f . • ~ ~ ~ ~ ~ ~ ~ ~ ~14~ ~ .~,1 M 1 Xj: +•z ' : : . ~ . ~ 3.. . .n ; x~~k+i ~ . ~ i S }k f ~ 4~ ~l1•p11'f. ~ .y. , if . r~fr ~ Yg Y S~• ~ 8 1 • Cu ,r 1t~~ ,hx iN "kt' ~ . . , g ~