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10-CONSIDERING REQUEST FOR CHANGE IN ZONING FROM AGRICULTURAL DISTRICT TO LIGHT INDUSTRIAL DISTRICTCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/08/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 10. 08/22/11 Development RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Cooper Propane for a change in zoning for property located on Lot 1, Block A, Cooper Propane 341 Addition, being located at 3015 South Church Street from an Agricultural District (A) to a Light Industrial District (LI). POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Cooper Propane has requested a change in zoning from an Agricultural District (A) to a Light Industrial District (LI) on Lot 1; Block A, Cooper Propane 341 Addition, being located at 3015 South Church Street. Cooper Propane will continue to utilize this property as retail and bulk distribution of propane gas and will be adding warehouse and office space to the existing building. 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 7-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: E] Administration Z City Clerk Z Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police E Eng./Public Works ❑ Urilities City of Paris Revised 2/04/08 67 Draft ORDINANCE N0. s: attorney/ordwork/curren[/zoning cooper propane e-22-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, CITY BLOCK A, COOPER PROPANE 341 ADDITION, PARIS, LAMAR COUNTY, TEXAS LOCATED AT 3015 SOUTH CHURCH STREET FROM A AGRICULTURAL DISTRICT (A) TO A LIGHT INDUSTRIAL DISTRICT (LI); 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 City Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, to rezone Lot 1, City Block A, Cooper Propane 341 Addition, City of Paris, Lamar County, Texas, located at 3015 South Church Street, Paris, Texas from a Agricultural District (A) to Light Industrial District (LI). WHEREAS, on August 1, 2011, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning amendment. WHEREAS, on August 22, 2011, 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 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. 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 Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, be and hereby is further amended to rezone Lot 1, City Block A, Cooper Propane 341 Addition, City of Paris, Lamar County, Texas located at 3015 South Church Street, Paris, Texas, from Agricultural District (A) to Light Industrial District (LI). 68 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 B. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. 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 by the City Council of the City of Paris, in regular session on this the 22nd day of August, 2011. A.J. Hashmi, M.D., Mayor 69 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: July 27, 2011 The following zoning change request will be presented at the August 1, 2011, meeting of the Planning and Zoning Commission and the August 22, 2011, meeting of the City Council of the City of Paris for consideration: Cooper Propane is requesting that the property located on Lot 1, Block A, Cooper Propane 341 Phase I Addition, being located at 3015 South Church Street, be rezoned from an Agricultural Distriet (A) to a Light Industrial District (LI). Cooper Propane will be expanding their facility toward the east of the existing building. The property was annexed by the City as an Agricultural District; in order for Cooper Propane to expand, the zoning must be changed to a Light Industrial District (LI). The surrounding properties are currently zoned Light lndustrial. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager - - 71 ±y^Y~y ~ y ~Y. ~ 4-i ~ . ~ L ~ ~ ~ vi L.n c-I ~ ~ ~ ~ . . 72 i . V) .C S.~ ~ Jc V cn Lr) ~ O m 73 ~ • 4-J ~ i M ~ ~ i O ~ s V ~ ~ o O .dp.,.. Y~ v O ~ ~ m tl~ ~ ~ ~ . 0 ~ L in ~a ?u-; V 1 ~ U ~