09-Ordinance considering zoning change
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
04/29/11 Planning & Zoning Shawn Napier, P.E., Director of
Council Date: Commission Engineering, Planning and 9.
05/09/11 Development
RECOMMENDED MOTION:
Second reading, deliberate and possibly act on an ordinance considering the petition of We Reit, LLC
for a change in zoning for property located a) for a change in zoning from a Light Industrial District (LI)
to a Heavy Industrial District (HI) on Lot 2, Block 1; Lot 1, Block 2; Lots 1 & 2, Block 3, Lots 4-9,
Block 6; Lots I-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Texas & Pacific Addition; and Lots
3 and 4, City Block 162; (b) a change in zoning from a Commercial District (C) to a Heavy Industrial
District (HI) on Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13,
Texas & Pacific Addition, being located between South Church Street, 6th Street S.E., Paris Boulevard
and Union Pacific Railroad.
POLICY ISSUE(S):
Zoning
BACKGROUND:
We Reit, LLC has requested that the zoning on the property located on (a) for a change in zoning from a
Light Industrial District (LI) to a Heavy Industrial District (HI) on Lot 2, Block 1; Lot 1, Block 2; Lots
1 & 2, Block 3, Lots 4-9, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Texas &
Pacific Addition; and Lots 3 and 4, City Block 162; (b) a change in zoning from a Commercial District
(C) to a Heavy Industrial District (HI) on Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block
12; Lots 1-12, Block 13, Texas & Pacific Addition, being located between South Church Street, 6th
Street S.E., Paris Boulevard and Union Pacific Railroad. The zoning change request was made by We
Reit, LLC in order for all surrounding property to be consistently zoned. In addition they will be
constructing a rail spur on a portion of the property. The Planning and Zoning Commission
recommended approval of this request.
One individual spoke in favor of the request.
No one spoke in opposition to this request.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 6-0.
EXHIBITS:
Ordinance, memo, and location aerial
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $
❑ Depart ment Report ❑ Resolution Budgeted Amt. $
❑ Presentation ® Ordinance YTD Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
20
DRAFT
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 LOT 2, BLOCK 1;
LOT 1, BLOCK 2; LOTS 1 AND 2, BLOCK 3; LOTS 4-9, BLOCK 6; LOTS 1-10,
BLOCK 7; LOTS 1-11, BLOCK 8; LOTS 7-12, BLOCK 9, TEXAS & PACIFIC
ADDITION; AND LOTS 3 AND 4, BLOCK 162, CITY OF PARIS, LAMAR
COUNTY, TEXAS FROM A LIGHT INDUSTRIAL DISTRICT (LI), TO A HEAVY
INDUSTRIAL DISTRICT (HI); AND TO REZONE LOTS 1-12, BLOCK 10;
LOTS 1-12, BLOCK 11; LOTS 1-12, BLOCK 12; AND LOTS 1-12 BLOCK 13,
TEXAS & PACIFIC ADDITION, PARIS, LAMAR COUNTY, TEXAS FROM A
COMMERCIAL DISTRICT (C) TO A HEAVY INDUSTRIAL DISTRICT (HI),
SAID PROPERTY GENERALLY LOCATED BETWEEN SOUTH CHURCH
STREET, SIXTH STREET SE, PARIS BOULEVARD AND UNION PACIFIC
RAILROAD CITY OF PARIS, LAMAR COUNTY, TEXAS; 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 & Zoning Commission received an application to amend
the Zoning Ordinance of the City of Paris, as heretofore amended, to rezone Lot 2, City
Block 1; Lot 1, Block 2; Lots 1 and 2, Block 3; Lots 4-9, Block 6; Lots 1-10, Block 7; Lots 1-
11, Block 8; Lots 7-12, Block 9, Texas & Pacific Addition; and Lots 3 and 4, Block 162 City of
Paris, Lamar County, Texas from Light Industrial District (LI) to Heavy Industrial District
(HI); and to rezone Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; and Lots
1-12, Block 13, Texas Pacific Addition to the City of Paris, Lamar County, Texas from
Commercial District (C) to Light Industrial District (LI); and,
WHEREAS, on April 4, 2011, following notice and publication as required by law,
the Planning and Zoning Commission conducted a public hearing on the proposed
amendments to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council to approve the requested zoning amendments.
WHEREAS, on April 25, 2011, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed
amendments 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 6 ayes and 0 nays.
21
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 Pars, Texas and Zoning
Ordinance No. 1710 of the City of Paris, as heretofore amended, is hereby further amended
to rezone Lot 2, City Block 1; Lot 1, Block 2; Lots 1 and 2, Block 3; Lots 4-9, Block 6; Lots 1-
10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9, Texas & Pacific Addition; and Lots 3 and
4, Block 162 City of Paris, Lamar County, Texas from Light Industrial District (LI) to Heavy
Industrial District (HI); and to rezone Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12,
Block 12; and Lots 1-12, Block 13, Texas Pacific Addition to the City of Paris, Lamar County,
Texas from Commercial District (C) to Light Industrial District (LI).
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 8. Introduced and read on first reading on April 25, 2011, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
May 9, 2011, 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.
- 22
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 by the City Council of the City of Paris, in regular
session on this the 9th day of May, 2011.
Joe McCarthy, Mayor Pro Tern
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
23
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Jeanna Scott, Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: March 28, 2011
The following zoning change request will be presented at the April 4, 2011, meeting of the
Planning and Zoning Commission and the April 11, 2011, meeting of the City Council of the City
of Paris for consideration:
1. We Reit, LLC is requesting a change in zoning from a Light Industrial District (LI) to a
Heavy Industrial District (HI) on Lot 2, Block 1; Lot 1, Block 2; Lots 1 & 2, Block 3, Lots
4-9, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Texas & Pacific
Addition; and Lots 3 and 4, City Block 162; in addition a change in zoning from a
Commercial District (C) to a Heavy Industrial District (HI) on Lots 1-12, Block 10; Lots
1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, being
located between South Church Street, 6lb Street S.E., Paris Boulevard and the Union
Pacific Railroad. The Comprehensive Plan recommends that this property be zoned Light
Industrial; therefore, the Comprehensive Plan Future Land Use Map must be amended in
order to approve this request. A separate hearing on revising the Plan will precede this
item on the agenda.
cc: Gene Anderson, Interim City Manager
24
Pop-
11
' T m
I p Ip _
(p~ {p~ w m 10 1o m ~ ~ ~ tRl"S,
A A A t0 t0 ~D ,~~Dpp tO ~ t0
A W N O N 401 A Owi A N
N
0 o p
D# 13446 a W a D { i i
- o dw w w I
p 10 V CIO T ' W N O d
Church
•:m t look Ch
ID# 9960 c _ '14
i .
P N~: sazzz #al
a `
1
0906 11a1
0 0 0 ~ g '
~ xc a ~3TdT$'
1 •
~x
x ' r 44,
ID# 13470 4 l ~ y
894£t~#41` ~
ItNF 13469 'il'"-=•~
ki~
ID# 13473 ~ jielm
ID# 13472
ID# 13471 ~ sa t
N ~ ~ ik ik 9R p
ID#. 1347) ID# 13476 ~ ~ m co ro 'm
~ .perp {p tp .
A 0 a '.W N
V A ~ O ifl O .
W W A A W
~ N N
f g
S 8
1
Y
;O
4..
C$
M
25