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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 APPENDIX C-ZONING §8 A SF 1 SF 3 SF 3 ?F MF 1 MF? P 0 NS GR C CA Lf !I! PD YLI ESS HD* E e ~ n ~ u c ~ n tl ❑ ~ Z d ai ~ ¢ .e C Zy N Srheditle o/ U.,es a ZI ac Lzy N e 04 00 CO' ~O ~fj 4 ~ C~ U U .7~ x. rY~ ~ ei W~ ~A 8-108 INDUST RIAL USES Light Mtinufacturing Procese- es (3G) Yaviug l3atcliing Asph:ilt 'IproEiorary Plant by RceoluLiuci of Board of Commiesiouere 5 V ~ ~ Plaut Concretc Yroductd Munufar Q ture Conci•ete 13atcliing Plant Tem n'ar PIati6 by Reeolution uf Board of Cmmniesionera ~ y S ~ s p Sand, Grrivel or St.one Fx- LI'flCtlUll ~ Any Mauufncturiug, lndus- ~ O trial or Slorage Pirocesa Not, vF~. ProLibited by Law Except x 1`hoae Specifically Mentiuned in Section 12-100(ll tlirough f361 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