15 - NEW ZONING CLASSIFICATIONItem No. 15
memorandum
TO: City Council
John Godwin, City Manager
FROM: Shawn Napier, P.E.
Director of Engineering, Planning & Development
SUBJECT: NEW ZONING USE CLASSIFICATION
DATE: February 18, 2015
BACKGROUND: The Planning & Zoning Commission (P &Z) held a special meeting Tuesday
February 17th at 5:30 in order to classify the appropriate zoning district(s) for recycling
collection centers as per Section 8 -109 of the Zoning Ordinance. On a vote of 5 -1 P &Z
recommended that the City Council allow recycling transfer stations in Heavy Industrial (HI)
zoning and allow in a Light Industrial (LI) and Commercial (C) zoning with a Specific Use
Permit (SUP).
STATUS OF ISSUE: Section 8 -109 of the Zoning Ordinance lists the process to follow when a
new and unlisted use is not listed in the current zoning ordinance. This process starts with P &Z
making a determination as to the appropriate zoning classification for the unlisted use. The next
step is for that recommendation to be presented to City Council for action. City Council can
approve, deny or alter the recommendation.
If City Council approved the recommendation of P &Z, and someone applied to build a recycling
collection center in either a Commercial or Light Industrial zoning district, they would be
required to apply for a zoning change to either a Commercial or Light Industrial zoning with a
Specific Use Permit (SUP). This would require public hearings to be held for the P &Z and City
Council meetings. P &Z and City Council can then ask questions of the applicant to make sure
that the proposed operation will not adversely affect the surrounding neighborhoods or
environment. Section 12 -101 of the Zoning Ordinance has a list of items that can be considered
in approving or denying a zoning change request.
12 -101 The Planning and Zoning Commission in considering and determining its
recommendation or the City Council on any request for a Specific Use Permit may require from
the applicant plans, information, operating data and expert evaluation concerning the location,
function and characteristics of any building or use proposed. The City Council may, in the
interest of the public welfare and to assure compliance with this ordinance, establish conditions
of operation, location, arrangement and construction of any use for which a permit is
authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City
Council may impose such development standards and safeguards as the conditions and location
indicate important to the welfare and protection of adjacent property from excessive noise,
vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other
undesirable or hazardous condition.
Both P &Z and the City Council can place stipulations, standards, safeguards, etc. on any
proposed development that is allowed by a SUP.
BUDGET: N/A
RECOMMENDATION: The Planning & Zoning Commission's recommendation is to allow
recycling transfer stations in Heavy Industrial (HI) zoning and allow in a Light Industrial (LI)
and Commercial (C) zoning with a Specific Use Permit (SUP).
Draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
ACTING ON THE FINDINGS AND RECOMMENDATIONS OF THE CITY
PLANNING AND ZONING COMMISSION PURSUANT TO SEC. 8 -109 OF THE
CITY ZONING ORDINANCE REGARDING THE PROPER ZONING
CLASSIFICATION FOR A NEW AND UNLISTED USE DESCRIBED AS A
RECYCLING TRANSFER STATION; MAKING OTHER DETERMINATIONS
CONCERNING THE CLASSIFICATION OF SUCH USE; DIRECTING THAT A
ZONING ORDINANCE AMENDMENT BE PREPARED AND BROUGHT
FORWARD CONSISTENT WITH THIS RESOLUTION; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Sec. 8 -109 of the City Zoning Ordinance provides a process where new
or unlisted uses are referred to the Planning and Zoning Commission requesting an
interpretation thereon as to the appropriate zoning classification into which such new use
may be placed; and
WHEREAS, at a special meeting of the Planning and Zoning Commission held on
February 17, 2015, the Commission received input from city staff and members of the
public regarding the appropriate zoning classification for recycling transfer stations in the
City of Paris, Texas; and
WHEREAS, having received input from city staff and the public and following
discussion among the members of the Planning and Zoning Commission, the Commission
voted 5 -1 to propose a new use "Recycling Transfer Station" to be added to the City's
Schedule of Uses for Heavy Industrial zoning districts and by specific use permit only in
Commercial and Light Industrial Zoning districts; and
WHEREAS, in conformance with Sec. 8 -109 of the City Zoning Ordinance, the City
Council must now consider the recommendation of the Planning and Zoning Commission
regarding the creation of a new use, to wit: "Recycling Transfer Station" for Heavy
Industrial and by Specific Use Permit only in Commercial and Light Industrial Zoning
districts and either approve said recommendation or make such other determination
concerning the classification of such use as is determined appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the City Council does hereby find and determine that the
recommendation of the Planning and Zoning Commission to add a new use to the City
Zoning Ordinance Schedule of Uses to wit: "Recycling Transfer Station" should be allowed
by right in Heavy Industrial Zoning districts and only by Specific Use Permit in Commercial
and Light Industrial Zoning districts.
Section 3. That based on the action taken by City Council hereof, and other
directions as the City Council shall provide, City staff is hereby authorized to prepare and
present to the Planning and Zoning Commission a formal amendment to the City Zoning
Ordinance reflecting a new use designated as "Recycling Transfer Station ", subject to such
terms and conditions and definitions as shall be consistent with this resolution, and such
use to be permissible in Heavy Industrial (HI) districts by right and in Commercial and
Light Industrial Zoning districts only by Specific Use Permit.
Section 4. This resolution shall be effective immediately upon passage.
PASSED AND APPROVED this 23rd day of February, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney