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16 - Zoning Change Commercial District to Commercial District with a Specific Use Permit for Auto Fuel Sales Block 306 Part of Lot 2 - 2510 N. Main StreetItem No. 16 TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 2510 NORTH MAIN DATE: June 4, 2019 BACKGROUND: Raymond W. Smith, on behalf of Cefco, is requesting a zoning change from Commercial to Commercial with an SUP for the purpose of fuel sales on a 1.87 acre lot located at 2510 North Main Street. The lot is in the middle of an existing commercial area, and will actually be constructed on the site of two existing businesses: a tire center and a fuel sales store (Exxon), both of which will be demolished. There are no floodplain concerns or significant new traffic issues at this already busy intersection, particularly since the number of businesses is being reduced from two to one, and the number of driveways from four to three. The future land use plan calls for Commercial to remain. STATUS OF ISSUE: A Special Use Permit is required for fuel 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 concerns about the specific location and favor approval of the SUP. In fact this will be a notable improvement over existing structures, so we suggest no provisos or limitations to the SUP. Following a public hearing at its regular meeting of June 3, at which the applicant's engineer 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. May 15, 2019 1:2,257 .. Paris, TX 2 Mile E.T.J. - 2018 ArkTex 9-1-1 Roads State Roadway 0 402 0.04 0. 09 mi Municipal Boundary Data for Paris, Texas City or County Roadway ® State Roadway 0 0.04 0.07 0.14 k. L.C.A.D. 2017-18 ROLL Parcels State Roadway State Roadway 0Dpen81rne1Mep (entl) cunitlbubn, CGBVSA State Roadway State Roadway 4 Addressing In Progress -2018 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 306, LOT PT OF 2, BEING LOCATED AT 2510 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 AUTO FUEL SALES, 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 306, Lot PT of 2, being located at 2510 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 auto fuel sales; 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 306, Lot PT of 2, being located at 2510 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 auto fuel sales to be constructed and developed in accordance with the site plan attached hereto as Exhi i 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