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15 - Zoning Change Commercial to Commercial with Specific Use Permit - Block 41-A Lots 1, 2 & 3 - 305 N. Main StreetItem No. 15 TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 305 NORTH MAIN DATE: June 4, 2019 BACKGROUND: Melissa Shafer, acting under authorization of the property owner, Ben Faber, is requesting a zoning change from Commercial to Commercial with an SUP for the purpose of operating a used car dealership on this 21,794 square foot lot. This property is located between a very busy North Main Street and 1St Street NW, fronting onto Graham. It is located across the street from the courthouse parking lot to its south, a church to its west, and retail uses to its east. It almost shares a location with a restaurant and an office. There are no significant traffic issues or floodplain concerns, and this lot has in the past been used for this same purpose. The future land use plan calls for Commercial to remain. STATUS OF ISSUE: A Special Use Permit is required for auto sales to ensure they are not placed in an inappropriate area, and also to permit the city to ameliorate against any specific issues relating to the use and the lot (s) for which it is proposed. In this case, we see no concern about the specific location and favor approval. However, the council consider a time limit on the use: over time we hope this area becomes an entryway into a busier and growing downtown. A previous car lot in the CA was granted five years and that is probably a good period for this one. An alternative is to grant the SUP for a shorter time, so that it expires the same time as the other one, allowing the commission to take them up together. The council might also consider requiring some improvements to the existing but very old and worn out parking areas, which do not have painted spaces. Following a public hearing at its regular meeting of June 3, at which the applicant spoke in favor, the planning and zoning commission unanimously recommended approval of this zoning request. RECOMMENDATION: Approve a zoning change from Commercial to Commercial -SUP, with the attached site plan as an enforceable exhibit attached to the adopting ordinance. 305 N MAIN, 330 NW 1st, Vacant Lot NW 1st June 6, 2019 1:564 Paris, TX 2 Mile E.T.J. - 2018 s Addressing In Progress -2018 Municipal Boundary Data for Pads, Texas Arl(Tex 9-1-1 Roads 0 0.01 0.01 0.02 mi 0 0.01 0.01 0.03 km L.C.A.D. 2017-18 ROLL Parcels City or County Roadway 0OpedSkMMap (and) a nhib,f rs, co-ev A State Roadway 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 CITY BLOCK 41- A, LOTS 1, 2 & 8, BEING LOCATED AT 305 NORTH MAIN STREET IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP) FOR A USED CAR DEALERSHIP, 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 and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City Block 41-A, Lots 1, 2 & 8, being located at 305 North Main Street in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (SUP) for a used car dealership; and, WHEREAS, on June 3, 2019, 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 June 24, 2019, 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 City Block 41-A, Lots 1, 2 & 8, being located at 305 North Main Street in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (SUP) for a used car dealership to be constructed and developed in accordance with the site plan attached hereto as Exhibit A and incorporated herein by reference as an enforceable part of this adopting ordinance. 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. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 24th day of June, 2019, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney . , GQPM AP VISI Calle f f _ _ NaNns IARHITECTURE 111111111 `SITE PLAN - PARKING_ ! f SCALE: 1/16" e cavy I t t is Lamar Avenue J L manse #TX16226 Paris, 9) 79 -0460 -- — email: IceBeyQce0eyarCtmm ph (239) 7930480 I w Uj a. fn DUE DI[hPlr�; x ..... '.. srra¢rgaem �r MAY 131. 2019 ZONING DATA ZONING CA USE: AUTOMOBILE SALES LOT WITH 300 SF SALES OFFICE LOT SQE: APPROXIMATELY 21.794 SF PARKING: 1 SPACE PER 300 SF FOR OFFICE 3 SPACES FOR PATRONS INCLUDING 1 ACCESSIBLE SPACE 3 SPACES FOR EMPLOYEE PARKING 45 SPACES MINIMUM FOR DISPLAY ALL SPACES ARE 9'-0' WIDE UNLESS NOTED OTHERWISE 8'-0' WIDE SPACES MAY BE UTILIZED FOR DISPLAY TO INCREASE INVENTORY QUANTITY.