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13 - Amend Zoning Block 321 Lots 2 and 2-A - 2405 N.E. Loop 286 and 2510 SpurItem No. 13 Memorandum 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 Ara Sprague of Spartan Investment Group for a Specific Use Permit (SUP) in a Commercial District (C) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 321, Lots 2 and 2-A, located at 2405 NE Loop 286 and 2510 Spur 139- LCAD 18797 and 18798. MTG. DATE: June 27, 2022 BACKGROUND The applicant proposes to expand the existing mini storage facility with a new separate climate control building at this location. It will have a new entrance onto Spur 139 with a gated entry and all new parking and drive areas. The site plan provided is not yet detailed and fully to scale, but the property was surveyed and the site civil engineering improvements are being prepared. All new development will be required to fully comply with the newly adopted site development procedures for both horizontal and vertical construction. The SUP is also to legitimize the existing mini storage locker buildings as a permitted SUP, even though no changes to that part of the development are proposed. This is recommended given the fact that an SUP was not previously approved by the City as a result of changes to the zoning ordinance years after it was built. The P&Z approved the request at its 6/6/22 meeting. ANALYSIS 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 Page 1 of 2 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 propertyfrom 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 provided concept plans, information, operating data and expert evaluation concerning the location, function and characteristics of the proposed use and new development construction of the facility for at this site. The applicant plans to attend the hearing on the project at the 6/27/22 meeting. No other changes to the existing facility are planned other than signage change overs. INPUTS None have been received as of this date. RECOMMENDATION Staff recommends approval of the SUP for a Self-Storage/Mini-Warehouse climate control facility, subject to the following conditions: 1. The applicant shall submit all required plans for construction of the new building and be reviewed by the City Engineer, Building Official and Fire Marshal prior to issuance of a building permit. 2. The subject property shall be platted and approved by the City prior to issuance of a building permit. 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) IN A COMMERCIAL DISTRICT (C) FOR A SELF-STORAGE/MINI- WAREHOUSE IN THE CITY OF PARIS, BLOCK 321, LOTS 2 AND 2-A, LOCATED AT 2405 NE LOOP 286 AND 2510 SPUR 139, LCAD 18797 AND 18798; 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 (SUP) in a commercial district (C), in the City of Paris, Block 321, Lots 2 and 2-A, located at 2405 NE Loop 286 and 2510 Spur 139 LCAD # 18797 and 18798 and; WHEREAS, on June 6, 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 subject to the following conditions: 1. The applicant shall submit all required plans for construction of the new building and be approved by the City Engineer, Building Official and Fire Marshal prior to issuance of a building permit. 2. The subject property shall be platted and approved by the City prior to issuance of a building permit. WHEREAS, on June 27, 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 subject to the listed conditions 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 321, Lots 2 and 2-A, located at 2405 NE Loop 286 and 2510 Spur 139 LCAD # 18797 and 18798 subject to the following conditions: 1. The applicant shall submit all required plans for construction of the new building and be approved by the City Engineer, Building Official and Fire Marshal prior to issuance of a building permit. 2. The subject property shall be platted and approved by the City prior to issuance of a building permit. 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 27th day of June, 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