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19 - Specific Use Permit for a Self Storage Mini Warehouse Block 249 Lot 35-A located at 3055 Clarksville StreetItem No. 19 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 Donald Wilson on behalf of Sunrise Ministries Intl Church for a Specific Use Permit (SUP) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 249, Lot 35-A, located at 3055 Clarksville Street- LCAD 17987. DATE: May 23, 2022 BACKGROUND On 5/2/22 the P&Z approved tabling this item and continuing the hearing to their June 6th meeting. The reason for this is that there was insufficient information provided with the application and the applicant was unable to attend the meeting to clarify the plans for the project. Staff has been working with the applicant since this time and additional plans are being prepared to return this item to the P&Z. RECOMMENDATION Staff is generally in support of the request, but recommends tabling and a continuation of the Public Hearing to the June 6, 2022 regular meeting of the SUP application in order for a better plan to be prepared for the building remodeling and upgrading of the existing parking lot improvements. It is recommended that the Council continue the hearing on this item to its meeting on June 27, 2022 so that the item does not have to be republished in the paper and new notices mailed out. ANALYSIS The applicant requested in connection with the rezoning change from NS to C, an SUP to permit the remodeling of a closed nursing home into a storage rental facility. The SUP is a requirement for the commercial storage facility remodeling permit to be approved. The attached plan for the project shows no detail as to these plans. It only represents a line drawing depiction of the existing site improvements for the property. There have been no plans submitted nor discussions with the Building Official with respect to building code requirements for this remodel. The current building contains just under 40,000 s.f. of floor area. The parking lot is in substantial deteriorated condition with an undetermined amount of parking spaces. Two driveway access points exist to the site from Clarksville and water and sewer services are available to the property. Page 1 of 2 Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific use permits for the following types of uses in the following districts: (50) Self-storage/mini-warehouses must have a specific use permit (S) to locate in a Commercial (C) zoning district in the City of Paris, Texas. Section 12-101 further requires that: "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 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. " The applicant in this request has failed to provide any supportive plans, information, operating data and expert evaluation concerning the location, function and characteristics of the proposed use remodeling of the facility for this use. Additional information should be sought from the applicant during the public hearing. It would be appropriate for the applicant to work further with Staff to better develop the proposal whereby the request could be brought back before the P&Z for further consideration and the imposition of appropriate conditions should request be approved for recommendation to the City Council. INPUTS One input was received to date in support of the project from Vicki Eisele residing in a residence to the north of the property located at 3084 Pride Circle. Page 2 of 2 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 ALLOW A SPECIFIC USE PERMIT (SUP) FOR A SELF-STORAGE/MINI-WAREHOUSE IN THE CITY OF PARIS, BLOCK 249, LOT 35A, LCAD # 17987, LOCATED AT 3055 CLARKSVILLE STREET; 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 allow a specific use permit in the City of Paris, Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street; and, WHEREAS, on May 2, 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 allowing a specific use permit for a self-storage/mini- warehouse and, following said hearing, made formal recommendation to the City Council to approve the requested specific use permit; and, WHEREAS, on May 23, 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 specific use permit 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 allow a specific use permit in the City of Paris Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street. 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of May, 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. 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