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14 & 15 - Zoning Change - Block 305, Lot 6, 2522 & US 82 West & American SpiralWeldItem Nos. 14 & 15 m7m,711 mv M, TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 2522 US 82 W DATE: November 6, 2018 BACKGROUND: American Spiral Weld has entered into an economic development agreement with the Paris Economic Development Corporation and the City of Paris to construct and operate a large industrial facility. As part of that agreement, ASW will receive land from both the PEDC and the city. The PEDC land is currently zoned a combination of Heavy Industrial and Light Industrial. The city land is zoned SF -2 Residential, though that use is entirely incompatible with neighboring properties and a tower already exists there. STATUS OF ISSUE: Although LI may be sufficient for the purpose of this facility, in order to ensure they fully comply with all zoning and other requirements, both now and in the future, ASW is requesting that all LI and Residential zoning districts be changed to HI to ensure a single, consistent zoning that will address their needs both now and in the future. We agree with the wisdom of that plan, although it should be pointed out that with the zoning change, all of the intense uses allowed under HI will be allowed outright on these properties. The planning and zoning commission considered these two related matters on November 5, and recommended their approval by 6-0 and 5-1 votes, respectively. The PEDC director spoke in favor of both requests; two neighboring homeowners spoke against the zoning change on the PEDC property. RECOMMENDATION: Approve zoning changes from Residential to Heavy Industrial for the city land and from Light Industrial to Heavy Industrial for the PEDC land. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY BLOCK 305, LOT 6, IDENTIFIED AS LCAD PARCEL ID 18627, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE -FAMILY DWELLING DISTRICT (SF2) TO A HEAVY INDUSTRIAL DISTRICT (HI), DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City Block 305, Lot 6, identified as LCAD Parcel ID 18627, in the City of Paris, Lamar County, Texas, from a One - Family Dwelling District (SF2) to a Heavy Industrial District (HI); and, WHEREAS, on November 5, 2018, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on November 12, 2018, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. 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 Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone City Block 305, Lot 6, identified as LCAD Parcel ID 18627, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District (SF2) to a Heavy Industrial District (HI). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. 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 S. 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 6. 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 7. 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 12th day of November, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney SUBJECT PROPERTY- LCAD PARCEL 115909 November 5, 2018 1:4,514 Paris, TX 2 Mile E.T.J. - 2018 ArkTex 9-1-1 Roads 0 0.04 0.09 0.18 mi 0 Municipal Boundary Data for Paris, Texas City or County Roadway Stale Roadway L.C.A.D. 2017-18 ROLL Parcels State Roadway Addressing In Progress - 2018 0.07 0.15 0.3 km Esrl, HERE, Gamin. 9 Open$I—Nap COnbibulas, anti me GIS mmmunity, Source: ESN, DlgltalGlobe, GeoEye, Earth p, Geo®rapbi., CNESINrbus DS, USDA, USGS, A—GRID, IGN, anti tl a GIs User Community SUBJECT PROPERTY- LCAD PARCEL 18623 November 5, 2018 1:4,514 Paris, TX 2 Mile E.T.J. - 2018 v Addressing In Progress - 2018 0 0.04 0.09 0.18 mi Municipal Boundary Data for Paris, Texas ArkTex 9-1-1 Roads L.C.A.D. 2017-18 ROLL Parcels City or County Roadway State Roadway 0.07 0.15 0.3 km Een, HERE, Gamin. ® bpenSbeatMap mRributas, and Ma GIS Wmmunrty, Source: ESN, Di®It.1Globe, C—Eye, EaMsbr Geogmphip, CNESIAirbu DS, USDA, USGS, A—GRID, IGN, and the GIS User Community SUBJECT PROPERTY- LCAD PARCEL 124273 November 5, 2018 1:2,257 . Paris, TX 2 Mile E.T.J. - 2018 a Addressing In Progress - 2018 0 402 0.04 0.09 mi Municipal Boundary Data for Paris, Texas ArkTex 9-1-1 Roads L.C.A.D. 2017-18 ROLL Parcels City or County Roadway 0.04 0.07 0.14 Wn ESN, HERE, Ga -In. b OP -Sb etMap m WbuW., aA the GIS mmunily, Sauce: Esn, DigitalGlebe, Ce Eye, Earthstar Geepraptks, CNES/AH— DS, USDA, USGS, A—GRID, IGN, and the GIS User Cammunity SUBJECT PROPERTY- LCAD PARCEL 20972 November 5, 2018 1;9,028 Paris, TX 2 Mile E.T.J. - 2018 o Addressing In Progress - 2018 ""'m""" State Roadway 0 0.07 0.15 0.3 mi 0 Municipal Boundary Data for Paris, Texas ArkTex 9-1-1 Roads '° State Roadway L.C.A.D. 2017-18 ROLL Parcels City or County Roadway ."""— State Roadway City or County Roadway — State Roadway 0.15 0.3 0.6 It. Esri, HERE, Gamen, ® OpenSheetidap contributors, and flee GIS user community, Source: Esfl, DlgltalGlebe, G.Eya, Emthstar Geognphl s, CNESIA rbus DS, USDA, USGS, AMGRID, IGN, antl the GIS User Community ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE FOUR PROPERTIES, IDENTIFIED AS LCAD PARCEL ID'S 115909; 18623; 124273 AND 209792 IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI), DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone four properties, identified as LCAD Parcel ID's 115909, 18623, 124273, 209792 in the City of Paris, Lamar County, Texas, from a Light Industrial District (LI) to a Heavy Industrial District (HI); and, WHEREAS, on November 5, 2018, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on November 12, 2018, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. 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 Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone four properties, identified as LCAD Parcel ID's 115909, 18623, 124273, 209792 in the City of Paris, Lamar County, Texas, from a Light Industrial District (LI) to a Heavy Industrial District (HI). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. 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 5. 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 6. 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 7. 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 12th day of November, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney