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10-ORDINANCE CONSIDERING PETITION OF WE REIT, LLC FOR CHANGE IN ZONING AT VARIOUS LOTS/BLOCKSCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/06/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 10. 12/ 12/ 11 Develo ment RECOMMENDED MOTION: Fublic Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of We Reit, LLC for a change in zoning for property located on Lots 1-3, City Block 162; Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1- 10, Block 7; Lots 1-11, Block 8; Lots 7- l 2, Block 9; 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, 6`h Street S.E., Paris Boulevard and Union Pacific Railroad, from a Heavy Industrial District (HI) to a Heavy Industrial District (HI) with a Specific Use Permit (53) Loading, unloading or transloading of crude oil. POLICY ISSLJE(S): Zoning; Public Hearing BACKGROUND: We Reit, LLC has requested a change in zoning from a Heavy Industrial District (HI) to a Heavy Industrial District (HI) with a Specific Use Permit (53) Loading, unloading or transloading of crude oil, on Lots 1-3, City Block 162; Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1-10, Block 7; Lots 1-11, Block Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1- 12, B1ock ll; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, being located between South Church Street, 6`h Street S.E., Paris Boulevard and Union Pacific Railroad. The Planning and Zoning Commission recommended approval of this request. One individual spoke in favor af the request. No spoke in opposition to this request. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 4-0, 1-abstained. E XHIBITS: Ordinance, memo, and aerial ACI'ION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Departrnent Report ❑ Resolution Budgeted Amt $ ❑ Presentadon Z Oxdinance yTD Actual $ Z Public Hearing ❑ Other Acct Name Acct Number Fisc.Ar. NoTES: REVIEWED AND APPROVED BY: [D Administration Z City Clerk Z Eng., Plaiuung & Dev. ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Public Works ❑ Utilities City of Paris Revised 2/04l08 56 Draft ORDINANCE N0. 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 LOTS 1-3, CITY BLOCK 162, LOT 2, BLOCK 1; LOT 1, BLOCK 2; LOTS 4-8, BLOCK 6; LOTS 1-10, BLOCK 7; LOTS 1-11, BLOCK 8; LOTS 7-12, BLOCK 9; LOTS 1-12, BLOCK 10; LOTS 1-12, BLOCK 11; LOTS 1-12, BLOCK 12; LOTS 1-12, BLOCK 13, TEXAS & PACIFIC ADDITION, PARIS, LAMAR COUNTY, TEXAS, LOCATED BETWEEN SOUTH CHURCH STREET, 6TH STREET S.E., PARIS BOULEVARD AND UNION PACIFIC RAILROAD, FROM A HEAVY INDUSTRIAL DISTRICT (HI), TO A HEAVY INDUSTRIAL DISTRICT (HI) WITH A SPECIFIC USE PERMIT (53) LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL; 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 a request for an amendment to the Zoning Ordinance 1710 of the City of Paris, as heretofore amended, to rezone lots 1-3, city block 162, lot 2, block 1; lot 1, block 2; lots 4-8, block 6; lots 1-10, block 7; lots 1-11, block 8; lots 7-12, block 9; lots 1-12, block 10; lots 1-12, block 11; lots 1-12, block 12; lots 1-12, block 13, Texas & Pacific Addition, Paris, Lamar County, Texas, located between South Church Street, 6th street S.E., Paris Boulevard and Union Pacific Railroad, from a heavy industrial district (HI), to a heavy industrial district (HI) with a specific use permit (53) loading, unloading or trans-loading of crude oil; and, WHEREAS, on December 5, 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; and, WHEREAS, on December 12, 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 by a vote of _ ayes and _nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: 57 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, is hereby further amended to rezone Lots 1-3, City Block 162, Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1- 10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, Paris, Lamar County, Texas, located between South Church Street, 6th Street S.E., Paris Boulevard and Union Pacific Railroad, from a heavy industrial district (HI), to a heavy industrial district (HI) with a specific use permit (53) for loading, unloading or trans-loading of crude oil; 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. 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 the first and final reading this the 12th day of ~ - - 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: November 29, 2011 The following zoning change request will be presented at the December 5, 2011, meeting of the Planning and Zoning Commission and the December 12, 2011, meeting of the City Council of the City of Paris for consideration: We Reit, LLC is requesting a change in zoning from Heavy Industrial District (HI) to a Heavy Industrial District (HI) with a Specific Use Permit (53) Loading, unloading or transloading of crude oil, on Lots 1-3, City Block 162; Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; 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, 6`h Street S.E., Paris Boulevard and Union Pacific Railroad. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager 60 -W 61