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02-C&D Comprehensive Plan OrdDRAFT ALICE\ORDWORK\CURRENT\Compreh Land Use Plan Ord August 10, 2001 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND ADOPTING A COMPREHENSIVE ZONING AND LAND USE PLAN FOR THE CITY OF PARIS; APPEALING ALL PRIOR COMPREHENSIVE PLANS IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; 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, the City of Paris has previously retained the respected firm of Bucher, Willis, & Ratliff Corporation, acknowledged experts in the area of preparation of comprehensive zoning plans, to prepare a new comprehensive plan for the City of Paris; and, WHEREAS, Chapter 219 of the Local Government Code empowers municipalities for the purpose of promoting sound development and promoting public health, safety, and welfare, to adopt a comprehensive plan for the long range development of said municipalities; and, WHEREAS, Chapter 219 of the Local Government Code empowers a municipality to define the content and design of a comprehensive plan; and, WHEREAS, Chapter 219 of the Local Government Code provides that a comprehensive plan may: include but is not limited to provisions on land use, transportation, and public facilities; consist of a single plan or a coordinated set of plans organized by subject and geographic areas; and 3. be used to coordinate and guide the establishment of development regulations; and, WHEREAS, Chapter 219 of the Local Government Code further provides that a municipality may define, by ordinance, the relationship between a comprehensive plan and development regulations and may provide standards for determining the consistency required between a plan and development regulations; and, WHEREAS, in accordance with Section 219.003 of the Local Government Code, the City of Paris by and through its Planning & Zoning Commission, conducted numerous hearings at which the public was given the opportunity to give testimony and present written evidence with regard to the Draft Comprehensive Plan prepared and presented by Bucher, Willis, & Ratliff Corporation; and, WHEREAS, following said numerous public hearings, the Planning & Zoning Commission conducted additional public meetings whereby various provisions of the proposed Comprehensive Plan were carefully scrutinized and extensively deliberated; and, WHEREAS, following the process of public hearings and extensive deliberation by the Planning & Zoning Commission, the Commission forwarded said Draft Comprehensive Plan to the City Council with its recommendations for approval thereof, and, WHEREAS, the City Council has subsequently, in public meetings, duly posted, fully discussed and deliberated the proposed Comprehensive Plan as presented by the consultants Bucher, Willis, & Ratliff; and, WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance with Section 219.004 of the Local Government Code, limit the ability of the City of Paris to prepare other plans, policies, or strategies related to land use and land use planning as required; and, WHEREAS, the City Council desires to adopt the aforesaid Draft Comprehensive Plan as the new Comprehensive Zoning and Land Use Plan for the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Comprehensive Plan, as the same was prepared by the consulting firm of Bucher, Willis, & RatliffCorporation, and as the same was presented to the City of Paris Planning & Zoning Commission, and considered at numerous public hearings conducted by said Commission, in which the general public was encouraged to give testimony and present written evidence regarding same, which said plan, following further deliberation by the Planning & Zoning Commission, was forwarded to the City Council for consideration along with recommendations for approval made by the Planning & Zoning Commission, and which said plan was further reviewed by the City Council in conjunction with the aforesaid consultant, is found to be acceptable to the City Council as the same is attached hereto and for all purposes incorporated herein as Exhibit A, and is hereby in all things approved as the Comprehensive Zoning and Land Use Plan of the City of Paris. Section 3. That approval of the aforesaid Comprehensive Zoning and Land Use Plan as set out herein shall include approval of all maps, exhibits, appendices, text and other materials associated therewith. Section 4. That any and all maps included in said comprehensive plan, if the same are not already so designated, shall be and are hereafter considered as being marked with the following language: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries," as the inclusion of said language is required by Section 219.005 of the Local Government Code. Section 5. That all ordinances or portions of ordinances adopting prior plans which are in conflict with this ordinance or the Comprehensive Zoning and Land Use Plan adopted herein shall be and are hereafter repealed to the extent of such conflict. Section 6. That if any chapter, section, paragraph, sentence or other portion of the aforesaid Comprehensive Zoning and Land Use Plan adopted herein shall be or is hereafter determined by a court of appropriate jurisdiction to in any way conflict with or be contrary to the constitution and laws of the United States or the State of Texas, the aforesaid finding of illegality shall render unenforceable only that portion of said plan so determined to be unlawful, it being the intention of the City Council that the terms and provisions of said Comprehensive Zoning and Land Use Plan adopted herein shall be and are hereby severable, and the remaining terms and provisions of said Comprehensive Zoning and Land Use Plan not affected by said determination of illegality shall remain in full force and affect. Section 7. That this ordinance and the Comprehensive Zoning and Land Use Plan adopted thereby shall be effective beginning September 1,2001. PASSED AND ADOPTED this 13th day of August, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney