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17 - Specific Use Permit for a Fuel Station Block 41-A Lots 1-3 & 5-8 Commercial District - 300 Block of N Main Street - LCAD 14015-17 & 14021-22Item No. 17 1E, Rl������ TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Morad Elwir on behalf of Sarah Faber and Jerry Jackson for a Specific Use Permit (SUP) for a Fuel Station in the City of Paris, Block 41-A, Lots 1-3 and 5-8, Commercial District, located in the 300 Block of N Main St, LCAD 14015, 14016, 14017, 14021, and 14022. DATE: April 25, 2022 BACKGROUND & DISCUSSION The applicants have requested approval of an SUP to permit the redevelopment of the subject property with a gas and convenience station at the Northwest corner of North Main Street and Graham Street. The project includes the assembly of several parcels into a newly platted lot to facilitate this development. According to Section 12-101 of the Zoning Ordinance: "The city staff shall review and recommend said Special Use Permit request and the Planning and Zoning Commission in considering and determining its recommendation and the City Council on any request for a Specific Use Permit shall require from the applicant Site plans and supportive 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. " Staff has worked carefully with the project development team regarding the site layout and design of the improvements to assure conformity with the above regulations. City Staff has also coordinated with TX DOT in providing direct input as to the design and layout of the proposed driveway approaches to Main Street to achieve the safest possible access design for the approaches. Direct access will also be provided to the site from Graham and 1St Street NW consistent with the current site approaches prior to this redevelopment. During the P&Z public hearing, several members of the Graham Street Church of Christ expressed concerns about the potential impact of liquor sales out of the gas station. The City works in conjunction with the State TABC on licensing under a separate City Code licensing requirement. This will be addressed according to these ordinance standards for proximity to a church prior to any consideration for such licensing, and is unrelated to the SUP land use question presently before the City to permit the construction of a fuel and convenience store. At its meeting held on April 4, 2022, the Planning & Zoning Commission unanimously recommended approval of the SUP with the Staff recommended conditions. RECOMMENDATION Staff recommends approval of the SUP to permit a gas and convenience station, subject to the following conditions: 1. Approval of the site civil construction improvements by the City Engineer prior to issuance of a building permit. 2. Approval of new driveway access permits by the City and TX DOT prior to commencing any new site development construction. 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 OF PARIS BLOCK 41- A, LOTS 1-3 AND LOTS 5-8, LOCATED IN THE 300 BLOCK OF N. 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 FUEL STATION; 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 of Paris Block 41-A, Lots 1-3 and Lots 5-8, located in the 300 Block of N. 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 fuel station; and, WHEREAS, on April 4, 2022, 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 April 25, 2022, 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 of Paris Block 41-A, Lots 1-3 and Lots 5-8, located in the 300 Block of N. 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 fuel station. 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. 1.01.009 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 25th day of April, 2022, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney