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12-DELIBERATE/POSSIBLY ACT ON ORD AMENDING SECTIONS 8-107, 8-201 AND 12-100 OF CITY ZONING ORD NO 1710Submittal Date: 09/11/12 Council Date: 10/08/12 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Originating Department: Planning & Zoning Commission RECOMMENDED MOTION: Presented By: Shawn Napier, P.E., Director of Engineering, Planning and Agenda Item No.: 12. Deliberate and possibly act on an ordinance amending Sections 8-107, 8-201 and 12-100 of the City Zoning Ordinance No. 1710, as previously amended, by allowing the operation of self-storage also known as mini-storage in a Commercial District by a specific use permit (SUP) only. POLICY ISSUE(S�: Zoning BACKGROUND: The Planning & Zoning Commission met on October 1 St to consider adoption of an ordinance amending Sections 8-107, 8-201 and 12-100 of City Zoning Ordinance No. 1710, by allowing the operation of self-storage or mini warehouses in a Commercial District by a specific use permit (SUP) only. Adding a definition for self-storage/mini-warehouse to section 8-201 of the city zoning ordinance; and adding a new section 12-100 (55) self-storage/mini-warehouse, to the list of uses requiring a specific use permit under the city's zoning ordinance. The Commission voted to approve and recommend the ordinance to City Council. 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 8-201 will be amended to define self-storage/mini warehouse as small individual storage units for rent or lease, restricted to the storage of items that are not for sale on the premesis. 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 & Deparhnent 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 6-0. EXHIBITS: Ordinance ACTION: ❑ Financial Report ❑ Department Report ❑ Presentation ❑ Public Hearing FISCAL NOTES: ❑ Minute Order ❑ Resolution � Ordinance ❑ Other REVIEWED AND APPROVED BY: BUDGET INFO: Expense $ Budgeted Amt. $ YTD Actual $ Acct. Name Acct. Number � Administration � City Clerk � Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police Public Works ❑ Utiliries City of Paris Revised 2/04/08 , 59 Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 8-107, 8-201 A1VD 12-100 OF THE CITY'S ZONING ORDINAIVCE NO. 1710, AS PREVIOUSLY AMENDED, PROVIDING FOR THE OPERATIOIV OF SELF-STORAGE/MINI WAREHOUSES IN COMMERCIAL DISTRICTS BY SPECIFIC USE PERMIT ONLY; ADDIIVG A DEFINITION FOR SELF-STORAGE/MINI WAREHOUSE TO SECTION 8-201 OF THE CITY ZONING ORDINANCE; A1VD ADDIIVG A NEW SECTION 12-100 (55), SELF-STORAGE/MINI WAREHOUSE, TO THE LIST OF USES REQUIRIIVG A SPECIFIC USE PERMIT UNDER THE CITY'S ZONING ORDINAIVCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, under the current City Zoning Ordinance Self-storage/Mini Warehouse is not an identified "use" under the city's zoning use chart set forth in Section 8-107 of City Zoning Ordinance No. 1710, as amended, therefore these self-storage/mini warehouses may locate anywhere in the City that allows storage warehouses; and, WHEREAS, a self-storage/mini warehouse is a very different type of use than a large industrial warehouse and should treated separately under the city's zoning ordinance; and, WHEREAS, on October 1, 2012, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed ordinance to amend Sections 8-107, 8-201 and 12-100 of the City Zoning Ordinance No. 1710, and, following said hearing, made formal recommendation to the City Council to approve the proposed amendments to the City Zoning Ordinance; and, WHEREAS, on October 8, 2012, following notice and publication as required by law, the City Council of the City of Paris, Texas conducted a public hearing on the proposed amendments to City Zoning Ordinance No. 1710, and having considered the recommendations of the Planning & Zoning Commission, and City Staff, hereby determines that the referenced amendments to the City Zoning Ordinance are in the best interests of the public health, safety, and welfare of the citizens of the City of Paris, and approved the amendment to the City Zoning Ordinance No. 1710, by vote of _ ayes and _ nays; and, 1VOW, 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 8-107 of Zoning Ordinance No. 1710 of the City of Paris, �� Texas, be, and the same is hereby amended to add the following use: "The operation of Self-Storage/Mini Warehouse, by Specific Use Permit only added under the Commercial District (C) Zoning Classifications." Section 3. That Section 8-201 Special Definitions of City Zoning Ordinance No. 1710, be and the same is hereby amended to add a definition for "Self-Storage/Mini Warehouse" to read as follows: "Self-Storage/Mini Warehouse -self-storage/mini warehouses are small individual storage units for rent or lease, restricted to the storage of items that are not for sale on the premises. Section 4. That Section 12-100, Specific Use Permits, of City Zoning Ordinance No. 1710, be and the same is hereby amended to add "Self-Storage/Mini Warehouse" to the list of uses requiring a Specific Use Permit (S), to locate in a Commercial (C) Zoning District in the City of Paris, Texas, to read as follows: "(55) Self-Storage/Mini Warehouses must have a Specific Use Permit (S) to locate in a Commercial (C) Zoning District in the City of Paris, Texas." Section 5. 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 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 of the provisions of this ordinance shall be guilry of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, 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 to suspend the rule requiring two readings before adoption of this ordinance by a supermajority vote of _ 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. 61 PASSED AND ADOPTED on the first and final reading this 8th day of October, 2012. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 62 A.J. Hashmi, M.D., Mayor