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2000-020-RES ACTING ON THE FINDINGS AND RECOMMENDATIONS RESOLUTION NO. 2000-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACTING ON THE FINDINGS AND RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION PURSUANT TO SEC. 8-109 OF THE ZONING ORDINANCE REGARDING THE PROPER ZONING CLASSIFICATION FOR A NEW AND UNLISTED USE DESCRIBED AS AN AUTO STORAGE FACILITY; MAKING OTHER DETERMINATIONS CONCERNING THE CLASSIFICATION OF SUCH USE; DIRECTING THAT A ZONING ORDINANCE AMENDMENT BE PREPARED AND CONSIDERED BY THE PLANNING AND ZONING COMMISSION CONSISTENT WITH THE CITY COUNCIL'S ACTIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sec. 8-109 of the City zoning ordinance provides a procedure whereby the building official of the City of Paris is obligated to refer any question concerning any new or unlisted use not contained in the zoning ordinance to the Planning and Zoning Commission, requesting an interpretation thereon as to the zoning classification into which such new use should be placed; and, WHEREAS, the Planning and Zoning Commission, at its March 6, 2000, meeting, received an application from Jerry Pitcock which had been previously reviewed by the building official and for which the building official had concluded there was no existing appropriate classification of such use; and, WHEREAS, such use was characterized by the Planning and Zoning Commission as an auto storage facility; and, WHEREAS, in accordance with Sec. 8-109 ofthe zoning ordinance, the Planning and Zoning Commission did consider said proposed facility, and consistent with the requirements of the zoning ordinance, considered the facts and evidence presented to it in an open and public hearing regarding the nature of such use, including whether it involved dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment. transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated thereof, the general requirements for public utilities such as water and sanitary sewer, and the compatibility of the proposed use with the uses permitted in the various zoning districts; and, WHEREAS, the Planning and Zoning Commission, having considered such issues and other issues regarding the nature of the proposed use, did find and determine and recommend to the City Council based on its findings that the City Council, consistent with the provisions of Sec. 8-109 of the zoning ordinance, qualifY an auto storage facility as a use eligible under the Light Industrial (LI) classification of zoning with a specific use permit; and, WHEREAS, the Planning and Zoning Commission, having made said recommendation, has transmitted its findings and recommendations to the City Council as to the aforesaid classification proposed for said use; and, WHEREAS, in conformance with City ordinance and State law, the City Council did conduct a public hearing following due notice on the issue of the classification of a new use, auto storage facility, and the recommendations of the Planning and Zoning Commission thereon, and in providing said public hearing, those individuals present in the Council Chambers were permitted to speak for and against the proposed recommendations; and, WHEREAS, in conformance with Sec. 8-109 of the zoning ordinance, the City Council now must by resolution take action on the recommendation ofthe Planning and Zoning Commission, either approving said recommendation or making such other determination concerning the classification of such use as is determined appropriate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved Section 2. That the City Council does hereby find and determine that the recommendation of the Planning and Zoning Commission, that an auto storage facility, as contained in and referenced by the Planning and Zoning Commission's findings, the same being for the purpose of the temporary storage of automobiles pending the transfer of said automobiles to other storage lots consistent with customary practice for damaged vehicles, or the transfer of such vehicles because same were seized in conformance with State law, or the subsequent removal and disposal of such vehicles in conformance with State law, without any accompanying sale of parts or portions of said vehicles, without the sale of such vehicles, and subject to a specific use permit and such other terms and conditions the City Council shall include herein, is hereby in all things approved/disapproved. Section 3. That based on the action taken by City Council hereof, and other directions as the City Council shall provide, City staff is hereby authorized to prepare and present to the Planning and Zoning Commission for the Commission's consideration, a formal amendment to the zoning ordinance reflecting a new use designated as an automobile storage facility, subject to such terms and conditions and definitions as shall be consistent with this resolution, and such use to be permissible by specific use permit only in zoning classifications of Light Industrial (LI) with Specific Use Permit Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day of March, 2000. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: )