18-Deliberate and act on an ordinance amending Sections 8-108 and 12-100 of the City Zoning Ordinance No. 1710CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
Agenda Item No.:
01/06/10
Council Member Will Biard;
Council Date:
City Council
Shawn Napier, P.E., Director of
18.
O 1/ 11 / 10
Engineering, Planning and
Develo ment
RECOMMENDED MOTION:
[FIRST READING] Deliberate and possibly act on an ordinance amending Sections 8-108 and 12-100
of the City Zoning Ordinance No. 1710, as previously amended, providing that Sec 8-108 Industrial
Uses be amended by adding a use of Loading, unloading or transloading of crude oil with an S(Specific
Use Pertnit) be added under the HI (heavy industrial zoning) and Sec. 12-100 Specific Use Permit be
amended by adding (53) Loading, unloading or transloading of Crude Oil in Heavy Industrial (HI)
zoning districts in the City of Paris
POLICY ISSUE(S):
Zoning
BACKGROUND:
The Planning & Zoning Commission met on January 4th to consider adoption of an ordinance amending
Sections 8-108 and 12-100 of City Zoning Ordinance No. 1710, as previously amended, to add a new
use under Section 8-108 (Heavy Industrial Zoning) to allow the loading, unloading and/or transloading
of crude oil by Specific Use Permit. After 20 minutes of discussion, the Commission voted to approve
and recommend the ordinance to City Council. One of the concerns that P&Z had with adding the
Specific Use Permit (SUP) for this particular operation was that we do not have or require a SUP for any
other oil, gasoline, or fuel operation.
Section 8-108 of the City Zoning Ordinance is the chart showing the allowable uses in Heavy Industrial
zoning. Section 12 of the City Zoning Ordinance sets out the procedure for application, notice, and
review of SUP applications. In summary, the SUP application is filed with the Engineering, Planning &
Department, notices are sent out to surrounding property owners, a public hearing is held before the
Planning and Zoning Commission and a recommendation is made to City Council for final decision.
Staff recommends against invoking the supermajority rule and allow two readings of the ordinance.
BOARD/COMMISSION RECOMMENDATION:
P&Z recommended approval of the ordinance on a vote of 3-2.
EXHIBITS:
Council Member Agenda Item Request; Ordinance; Sec. 8-108 HI chart
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FisCAL NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Urilities
City of Paris
Revised 2/04/08
14 ?
DRAFT
attorney\ordwork\current\Amend Zoning Ord to add Spec Use Permit-crude oi12009
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 8-108 AND SECTION 12-100 OF THE CITY ZONING
ORDINAIVCE NO. 1710, AS PREVIOUSLY AMENDED, BY ADDIIVG THE USE
OF LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL WITH AN S
(SPECIFIC USE PERMIT) BE ADDED UNDER THE HI (HEAVY INDUSTRIAL
ZONIIVG) CLASSIFICATIOIV OF SECTION 8-108 OF THE CITY ZONING
ORDINANCE, AND AMENDING SEC. 12-100 SPECIFIC USE PERMITS, TO
ADD NO. (53) LOADIIVG, UNLOADING OR TRANSLOADING OF CRUDE OIL
IN HEAVY INDUSTRIAL (HI) ZONING DISTRICTS IN THE CITY OF PARIS;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVI111GS
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 4, 2010, the Planning and Zoning Commission considered the
need to add a requirement for a Specific Use Permit for the loading, unloading or
transloading of crude oil in certain districts in the City of Paris; and,
WHEREAS, the Planning and Zoning Commission has considered the proposed
amendment and has made a recommendation to the City Council to approve adding a
Specific Use Permit for the loading, unloading or transloading of crude oil in Heavy
Industrial (HI) zoning districts in the City of Paris, and have asked for an ordinance
amending Section 8-108 Industrial Uses by adding a use of loading, unloading or
transloading of crude oil with an S(Specific Use Permit) be added under the HI (Heavy
Industrial Zoning) and Section 12-100 of the City Zoning Ordinance No. 1710 add Specific
Use Permit (53) Loading, unloading or transloading of crude oil in said Districts.
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 Section 8-108 of Zoning Ordinance No. 1710 of the City of Paris,
Texas, be and the same is hereby amended to add the following use:
"Loading, unloading or transloading of crude oil with Specific Use Permit(s) added
under the Heavy Industrial Zoning District (HI)."
Section 3. That Section 12-100 of Zoning Ordinance No. 1710 of the City of Paris,
Paris, Texas, be, and the same is hereby, amended to add the following:
1 Ot4
"Sec. 12. Specific Use Permits
12-100 The City Council of the City of Paris, Texas, after public hearing
and proper notice to all parties affected and after recommendations by the
Planning and Zoning Commission may authorize the issuance of specific use
permits for the following types of uses in the following districts:
* * * *
(53) Loading, unloading or transloading of crude oil in Heavy Industrial
(HI) zoning districts."
Section 4. That all provisions of the ordinances of the Ciry 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 Ciry 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. 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 9. 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 11th day of January, 2010.
Jesse James Freelen, Mayor
14i
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Note As perniitted in designated zoning district classifications.
(Ord. No. 2074, § 1, 3-13-72; Ord. No. 2075, § 2, 3-13-72; Ord. No. 2095, § 2, 6-12-72; Ord. No. 2110,
§ 9-11-72; Ord. No. 2559, § 1, 3-9-81; Ord. No. 2566, 1, 2, 4-13-81; Ord. No. 85-067, § la, 12-9-85; Ord.
No. 89-005, § 1, 2-13-89; Ord. No. 89-031, § 1, 8-24-89; Ord. No. 90-014, § 1, 4-9-90; Ord. No. 95-021, § 1,
6-12-95; Ord. No. 98-037, § 1, 8-10-98; Ord. No. 2003-019, § 4, 5-8-03)
Supp. No. 45 3043