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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