11-Move to approve an ordinance amending Sections 8-108 and 12-100CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
A,genda Item No.:
02/03/10
Shawn Napier, P.E., Director of
Council Date:
City Council
Engineering, Planning and
11.
02/08/10
Develo ment
RECOMMENDED MOTION:
Move to approve 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 Permit) 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 4t" 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. First reading of the ordinance was January 11 and public
notice has been published.
Section 8 of the City Zoning Ordinance is a series of charts that tell you what type of uses are allowed in
the various zoning districts, Section 8-108 is the chart for Industrial uses in the City of Paris, Texas.
Section 12 of the City Zoning Ordinance sets out the procedure for application, notice and review of
specific use permit applications. In summary, the SUP application is filed with the Engineering,
Planning & Department at the City, 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.
BOARD/COMMISSION RECOMMENDATION:
P&Z recommended approval of the ordinance on a vote of 3-2.
EXHIBITS:
Otdinance
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
Fiscni. 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 ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
attorney\ordwork\current\Amend Zoning Ord to add Spec Use Permit-crude oil 2010
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 ZOIVING
ORDINANCE N0. 1710, AS PREVIOUSLY AMENDED, BY ADDING THE USE
OF LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL WITH AN S
(SPECIFIC USE PERMIT) BE ADDED UNDER THE HI (HEAVY IIVDUSTRIAL
ZONING) CLASSIFICATION OF SECTION 8-108 OF THE CITY ZONING
ORDINANCE, AND AMENDING SEC. 12-100 SPECIFIC USE PERMITS, TO
ADD NO. (53) LOADING, 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 SAVINGS
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 Ciry Zoning Ordinance No. 1710 add Specific
Use Permit (53) Loading, unloading or transloading of crude oil in said Districts.
WHEREAS, on February 8, 2010, 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 the aforesaid amendments to the City Zoning
Ordinance should be approved.
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:
01, q/lE r,
~ ~G3' 8 6
"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:
"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 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 8. Introduced and read on first reading on January 11, 2010, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
February 8, 2010, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
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Section 9. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 8th day of February, 2010.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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