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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 - 000085 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. - 000P8i 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 ~ ~;0 0 f'~~