16 - AUTOMOBILE DETAILING SHOP DEFINITION AND ZONINGItem No. 16
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: "AUTOMOBILE DETAILING SHOP" DEFINITION AND ZONING
DATE: May 4, 2017
BACKGROUND: Recently a potential applicant met with city staff at a Pre - Application meeting
to describe his interest in establishing an automobile detailing shop. The proposed location for
this detailing shop was located in the Central Area Zoning District. At the time of this
applicant's request, the Zoning Ordinance had no definition nor stated locations in zoning
districts for "automobile detailing shop ". After analysis of this request, the city staff prepared
public hearings before the Planning and Zoning Commission (April 3) and before the City
Council (April 10) to create the definition of a detailing shop, and recommended that this use be
permitted by right in the Commercial and Light Industrial Zoning Districts. Staff
recommendations were adopted. At the May 1 Planning and Zoning Commission meeting, Mr.
Ben Faber spoke in favor of and no one spoke in opposition to a request for an SUP in the CA
Zone. The Commission voted unanimously to recommend approval of this request to the City
Council.
STATUS OF ISSUE: In conjunction with its recommendation at the April 3 meeting, the
Planning and Zoning Commission also requested that the city staff establish a new zoning case
before the Commission and the Council to allow an "Automobile Detailing Shop" through the
Specific Use Permit (SUP) process in the Central Area (CA) District. The commission members
requested this addition to the Zoning Ordinance because: (1) They wanted to expand this
business opportunity in the CA Zone in light of the fact that the following automobile — related
uses are currently permitted by right in the CA Zone, and in some instances could reflect more
intensive land uses than would an "Automobile Detailing Shop "; these permitted uses are: "Auto
Sales and Repair ", "Auto Fuel Sales ", and "Gasoline Service Station "; and (2) Several
commission members recall that years ago, when in their opinion there was even more business
activity in the CA Zone (downtown area) than there is now, there were also automobile
dealerships, and again in their opinion, that did not detract from viable business activity in the
CA zone /downtown area during that time — period.
Staff consideration of this request: The city staff is supportive of the commission's request.
Since this use would be permitted only through the SUP process, that would provide the
opportunity for the staff, commission, and council to evaluate each request on a site - specific
basis, and furthermore, to legally recommend and /or require additional components for the
subject site that would (a) enhance its functioning and/or aesthetic quality and (b) establish
elements that could aid in potentially reducing perceived negative aspects of said land use in
relation to surrounding /nearby areas.
RECOMMENDATION: Amend the Zoning Ordinance whereby an "Automobile Detailing
Shop" shall be allowed in the Central Area (CA) Zoning District only through the Specific Use
Permit (SUP) process.
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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, BY AMENDING SECTION 8, "USE OF
LAND AND BUILDINGS," SECTION 8 -105, "AUTOMOBILE TYPE USES" BY
LISTING "AUTOMOBILE DETAILING SHOP" AS AN ALLOWABLE USE ONLY
THROUGH THE SPECIFIC USE PERMIT PROCESS IN THE CENTRAL AREA
(CA) ZONING DISTRICT; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and
ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957,
and 1965; and
WHEREAS, additional amendments were added to Zoning Ordinance No. 1710
(April 12, 1965) during 1971 through 1987 and 2012 and in 2016 and in 2017; and
WHEREAS, the City of Paris staff and officials desire to partially update and amend
portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and
development of the City of Paris, Texas; and
WHEREAS, on April 10, 2017, in Ordinance No. 2017 -013, the City Council amended
Zoning Ordinance No. 1710 by adding a definition for "Automobile Detailing Shop" uses and
providing for the location of said uses as a Permitted Use in the Commercial (C) and Light
Industrial (LI) Zoning Districts; and
WHEREAS, it is desirable to allow "Automobile Detailing Shop" uses in the Central
Area (CA) Zoning District as well under certain circumstances; and
WHEREAS, on May 1, 2017, pursuant to Sec. 8 -109, "Classification of New and
Unlisted Uses," the Paris Planning and Zoning Commission held a public hearing, following
notice and publication as required by law, regarding Zoning Ordinance Amendments
regarding "Automobile Detailing Shop" uses as described herein and, following said
hearing, made formal recommendation to the City Council to approve the inclusion of said
uses in the Central Area (CA) Zoning District as an allowable use only through the Specific
Use Permit process; and
WHEREAS, on May 22, 2017, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed
amendments 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 amendments would be
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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 Section 8 -105, "Automobile Type Uses," in Section 8, "Use of Land
and Buildings," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is
hereby amended by listing said the use "Automobile Detailing Shop" as an allowable use
only through the Specific Use Permit process in the Central Area (CA) Zoning District.
"Automobile Detailing Shop" uses shall continue to be a Permitted Use in the Commercial
(C) and Light Industrial (LI) Zoning Districts as set forth in Ordinance 2017 -013.
Section 3. 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 4. 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 5. That it is the intention of the City Council of the City of Paris, Texas 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 6. 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 7. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 22nd day of May 2017, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
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Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney