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12-PUBLIC HEARING, FIRST READING, DELIBERATE/POSSIBLY ACT ON ORD ADOPTING AMENDMENTS TO FUTURE LAND USE PLAN MAP FOR LOT 12 CITY BLOCK 259CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 05/16/12 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 12. 05/31 / 12 Development RECOMMENDED MOTION: Public hearing, first reading, deliberate and possibly act on an ordinance adopting amendments to the Future Land Use Plan Map for the property located on Lot 12, City Block 259, being located in the 700 Block of North Collegiate Drive. 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. East Paris Baptist Church is requesting that the property located on Lot 12, City Block 259, being located in the 700 Block of North Collegiate Drive be rezoned from a Planned Development District (PD al-b) Commercial Center or Housing Development/Community Unit Development to a One-Family Dwelling District No. 2(SF-2). The Future Land Use Plan Map recommends that this area be zoned for Retail. On May 7, 2012, the Planning and Zoning Commission recommended that the City Council approve the amendment to the Map that would allow for Low-Density Residential use. The property is currently a vacant lot. East Paris Baptist Church is proposing to utilize the lot for parking. Planning and Zoning recommended approval of the amendments to the Future Land Use Plan Map. One individual 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 5-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ F-I Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance yTD Actual $ ~ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Public Works ❑ Utilities City of Paris Revised 2/04/08 62 Draft 1 S:attorney/ordwork/current/ Future land use map 700 Block Collegiate 5-31-12 ORDINANCE N0. 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 12, CITY BLOCK 259, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 700 BLOCK OF NORTH COLLEGIATE DRIVE PARIS, TEXAS, FROM RETAIL TO LOW-DENSITY RESIDENTIAL 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 7, 2012 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 12, City Block 259, City of Paris, Lamar County, Texas, located in the 700 Block of North Collegiate Drive, Paris, Texas, from Retail District to Low-Density Residential District, and following the public hearing voted to recommend the amendment to the Paris City Council; and, WHEREAS, on May 31, 2012, 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 63 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 Future Land Use Plan Map of the City of Paris, Texas for Lot 12, City Block 259, City of Paris, Lamar County, Texas, also known as the 700 Block of North Collegiate Drive, is hereby amended to change the future use designation from Retail District to Low-Density Residential District. 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 B. 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 the first and final reading this 31St day of May, 2012. A.J. Hashmi, M.D., Mayor 64 MEMORANDUM TO: Chairman and Members ofthe Planning and Zoning Commission Honorable Mayor and Meinbers of the City Council FROM: Jeanna Scott, Assistant Building Official SUBJECT: Zoning Change Request DATE: April 30, 2012 The following zoning change request will be presented at the May 7, 2012, meeting of the Planning and Zoning Commission and the May 31, 2012, meeting of the City Council of the City of Paris for consideration: East Paris Baptist Church is requesting a change in zoning from a Planned Development District {PDa]-b) Commercial Center or Housing Developrnent/Coinmunity Unit Development to a One-Family Dwelling District No. 2(SF-2), on Lot 12, City Block 259, being located in the 700 Block of North Collegiate Drive. East Paris Baptist Church is proposing to expand their parking lot. The Comprehensive Plan recommends this property be zoned Retail. cc: Gene Anderson, Interim City Manager 66 ~ Pa ~ ~ ~