12 - ZONING CHANGE LOCATED AT 925 CLARKSVILLE STREETItem No. 12
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A GENERAL RETAIL DISTRICT (GR) TO A
GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (NO. 49—AUTO
FUEL SALES) LOCATED AT 925 CLARKSVILLE STREET.
DATE: July 6, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Brookshire
Grocery Company for a change in zoning from a General Retail District (GR) to a General Retail
District (GR) with a Specific Use Permit (No. 49 —Auto Fuel Sales), on Lots 1 through 19, City
Block 104, being located at 925 Clarksville Street. At the July 5, 2016 Planning and Zoning
Commission meeting, a representative of Brookshire's spoke in favor of this rezoning request,
and one person spoke in opposition to this request. The Commission unanimously voted to
recommend approval of this zoning request to the City Council, and the Commission also
recommended approval of all the staff conditions, as stated herein.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: The subject property is developed with a Brookshire's grocery store and
supportive parking. Several structures exist on this property and they are intended to be
demolished to provide area for the proposed automobile fuel facility. The surrounding area is
characterized by several commercial and office uses, with some single — family uses. The property
is currently comprised of one lot with 4.483 acres.
(B) Existing Zoning of the Subject Propert y The subject property is currently zoned General
Retail District (GR); the environs surrounding this property are all also zoned General Retail.
(C) Proposed Land Use for the Subject Propert X: The applicant is proposing to develop a portion
of the subject property for automobile fuel sales.
(D) Proposed Zoning of the Subject Property: The proposed zoning of the subject property is to
the General Retail District (GR) with a Specific Use Permit (SUP) (No. 49 —Auto Fuel Sales).
The Zoning Ordinance requires that a Specific Use Permit applicant shall submit a Site Plan as
part of the zoning approval process.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use
Plan recommends Retail (R) uses for the majority of the subject property; Office (0) for the
farthest northwest corner of the property: this portion of the property currently contains a
structure that will be razed as part of this zoning request. Property adjacent to this subject
property is recommended as follows in the FLUP: To the east and south is Public Lands and
Institutions (PLI); to the southwest is Light Industrial (LI); to the west is Office (0); and to the
north, northeast, and northwest is Retail (R).
(F) The Parks, Recreation, and Open Space Master Plan: The Existing Parks and Open Space
Plan Map indicates that this subject property is within the service radius of a pocket park and a
neighborhood park. The Trail and Sidewalk Map indicates that SE 8t" Street, SE 10th Street,
Lamar, and Clarksville, which are all adjacent to this subject property, are designated as City
Sidewalks in that plan map. The Future Parks and Open Spaces Plan Map shows this subject
property within the service radius of neighborhood parks.
(G) The Major Thoroughfare Plan (MTP): Both Lamar and Clarksville are designated as Arterial
Roadways; S.E. 8t" Street is designated as a Collector Roadway.
(H) Additional Considerations Regarding the Staff Evaluation and Recommendation: The city
engineer, director of public works, and the fire marshal stated that they do not have zoning issues
related to this rezoning request.
The proposed fuel pumps use will enhance the efficiency of the existing Brookshire's Grocery.
People that shop at Brookshire's will therefore have the opportunity to save time and mileage
regarding obtaining groceries in conjunction with automobile gasoline. Further, existing
residences and businesses in the subject area will have another opportunity to obtain fuel, even if
and when they don't shop at Brookshire's. In addition, Lamar and Clarksville will serve as
roadway buffers to the fuel dispensing area.
The Future Land Use Plan Map indicates that the northwest portion of this subject property
should be Office (0) use. The existing zoning indicates that all of the subject Brookshire's
property is Retail; where it is feasible (as it is in this zoning case) it is recommended that an
individual development (i.e. Brookshire's) should retain one individual zoning district for clarity,
efficiency, and administration of zoning requirements. Therefore, staff supports the existing
zoning in lieu of the proposed Office use.
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(I) As a component of this SUP requirement, the staff is recommending the following as
conditions to be reflected on the approved Final Site Plan; all of these conditions are subject to
city staff approval:
(a) A new fire hydrant shall be established at the western portion of the subject property.
(b) Label all proposed fuel pumps.
(c) Establish the required twenty (20) percent of landscaping facing Lamar and add
additional landscape buffering along 8th Street, to buffer the existing single — family uses
adjacent to and on the west side of 8th Street.
(d) Label the "Preliminary Plat— Proposed Layout" as "Site Plan".
(e) Accessible parking spaces and a pedestrian route is to be determined in conjunction with
the city engineer.
RECOMMENDATION: The City Council approve a change in zoning from General Retail
District (GR) to a General Retail District with a Specific Use Permit (No. 49 —Auto Fuel Sales),
on Lots 1 through 19, City Block 104, being located at 925 Clarksville Street, with the Final Site
Plan and with the conditions as stated herein.
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101
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOTS 1
THROUGH 19, CITY BLOCK 104, BEING LOCATED AT 925 CLARKSVILLE
STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A
GENERAL RETAIL DISTRICT (GR), TO A GENERAL RETAIL DISTRICT (GR)
ADDING A SPECIFIC USE PERMIT (49) FOR AUTO FUEL SALES TO THE
EXISTING PROPERTY; 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 of the City of Paris to rezone Lots 1 through 19, City
Block 104, being located at 925 Clarksville Street, in the City of Paris, Lamar County, Texas,
from a General Retail District (GR) to a General Retail District (GR) with a Specific Use
Permit (49) for auto fuel sales; and,
WHEREAS, on July 5, 2016, 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 July 11, 2016, 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:
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 through 19, City Block 104, being located at 925 Clarksville Street, in the
City of Paris, Lamar County, Texas, from General Retail District (GR) to a General Retail
DRAFT
District (GR), with a Specific Use Permit (49) for auto fuel sales, with the Final Site Plan and
with the following conditions indicated on said Final Site Plan as follows:
1. A new fire hydrant shall be established at the western portion of the subject
property.
2. Label all proposed fuel pumps.
3. Establish the required twenty (20) percent of landscaping facing Lamar and add
additional landscape buffering along 8th Street, to buffer the existing single -
family uses adjacent to and on the west side of 8th Street.
4. Label the "Preliminary Plat - Proposed Layout" as "Site Plan ".
S. Accessible parking spaces and a pedestrian route is to be determined in
conjunction with the city engineer.
All five conditions shall be implemented per the direction and approval of the City of Paris
staff.
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
FDT.W-,VM
and be deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 11th day of July, 2016, by the City Council of the
City of Paris in regular session, following notice and publication as required by law.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney