16 - Specific Use Permit - Mixed Use in General Retail - Block 249 Lot 7 & PT of 8-9 - 2500 & 2514 LamarItem No. 16
Memorandum
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Conduct a public hearing and take action regarding the petition of Pann Sribhen
on behalf of Shine in Paris, LLC for a Specific Use Permit (SUP) for a Mixed
Use in the General Retail District (GR) on part of LCAD 17943, in the City of
Paris, Block 249, Lot 7 & PT of 8-9, 2500 & 2514 Lamar, and LCAD 17944, City
of Paris, Block 249, Lot PT 8 & 9, 2524 Lamar, 0.931 Acres.
MTG. DATE: July 24, 2023
BACKGROUND
The applicant has requested an Special Use Permit (SUP) in a GR District to construct a vertical
mixed use building proposed to consist of retail/service on the first level and residential apartments
on the 2❑d & 3rd levels. This was added as a use in Zoning Ordinance within the last 2 years and it is
a permitted SUP in this Zoning District. Of the 6 proposed buildings on the site, this is the only one
planned to contain a combined commercial & residential in a multi -story building (vertical mixed
use).
At its meeting held on 7/6/23, the P&Z unanimously recommended approval of the request.
Substantial testimony was received regarding existing drainage and flooding concerns from the
undeveloped site runoff conditions toward the Big Sandy drainage channel through their yards. Staff
recommended conditions, as agreed to by the developer during the hearing, and will address these
concerns with effective engineering improvements through site development improvements.
ANALYSIS
On a preliminary basis, all requirements of the ordinance can be met. Further detailed review of all
code requirements for just this building individually will be completed once the platting process is
initiated and a full detailed site plan is submitted for the project.
The subject property is zoned GR, is now guided for a combination of Low Density Residential,
High Density Residential and Retail, and is a vacant lot.
Page 1 of 2
• The land to the West is zoned GR and SF -3, is guided for Retail and Low Density Residential, and
is an EMS Station to the northwest and single family residences due West.
• The land to the North is zoned C, is guided for retail, and is a fast food restaurant.
• The land to the East is zoned GR, is guided for ow Density Residential and are single-family homes
and duplexes fronting on NE 21St Street.
• The land to the South is zoned GR & SF -3, is guided for Low Density Residential & High Density
Residential, and is part of the undeveloped lot and single-family residences further South.
The SUP is allowable (permitted) in the GR Zoning District and should be approved with appropriate
conditions to assure consistency with the City's Ordinances and other appropriate conditions unique
to the site of the proposed project.
INPUTS
4 written inputs were received from citizens in the surrounding neighborhood in advance of the
hearing objecting to the project. The primary concerns are centered on drainage problems and the
need for screening & buffering from the adjacent higher density and intensity land uses associated
with this project. The concerns will be addressed through the City's development regulations, but
can be reinforced through recommended approval conditions.
RECOMMENDATION
The P&Z and Staff recommends approval of a Specific Use Permit (SUP) for a Mixed Use in the
General Retail District (GR) for the Shine in Paris Project Building #2 located at 2500 & 2514 Lamar
(LOAD 17944), subject to the following conditions:
1. The grading and drainage plan shall be reviewed and approved by the City Engineer prior to
approval of a Preliminary Plat such that there shall be no direct runoff of stormwater to the
West property line.
2. The building #2 shall maintain a minimum thirty (30') ft. setback as a buffer yard from the
West property line.
3. The developer shall retain all existing vegetation as screening along the West Property Line,
or shall plant and maintain double the minimum required canopy trees and shrubs along this
side yard buffer area. All removal of trees and vegetation shall be subject to prior approval
of the Director of Planning & Community Development and the City Engineer prior to
issuance of a site clearing permit and/or grading permit. All vegetation and trees required to
be preserved shall be protected with a temporary fencing barrier to be installed around the
canopy drip line.
4. The developer shall install a minimum six (6') ft. privacy fence along the West property line
from Lamar Avenue to the SW Corner of Building 3.
5. The developer shall comply with all other State and Local Regulations and Policies for the
development prior to issuance of all permits and Certificates of Occupancy.
6. The SUP shall expire one (1) year from date of approval, unless extended for up to an
additional one (1) year by the City Council, unless a site construction and building permit for
the first phase has been applied for and approved by the City.
Page 2 of 2
Item No.
1
TO: Andrew Mack, Director of Planning & Community Development
Paris Planning & Zoning Commission
FROM: Todd Mittge, City Engineer
SUBJECT: Shine in Paris Re Zoning — Preliminary Engineering Comments
DATE: June 30, 2023
BACKGROUND:
The City of Paris has received a rezoning request from the owners of 2500 and 2514 Lamar
Avenue from its current zoning to a Specific Use Permit (SUP) featuring Multi -Family -2 and
General Retail.
Development of this site will convert current coverage of grass and trees to largely pavement
and rooftops. This memo contains preliminary engineering comments to assist in your
decision to rezone these parcels.
EXISTING DRAINAGE:
The property currently drains by sheet flow across the grass field and treed areas toward the
Southwest. The natural drainage paths come into the backyards of residences 135-235 25th Street
Southeast, 2507 Hubbard Street, 2605 Hubbard Street, and 26126 th Street Southeast. Flows must
be taken care of by the residents, normally with French drains, lowered swales between houses,
and in some cases small concrete flumes to bring the water to the Streets (25th SE and Hubbard).
Neighbors have valid concerns that uncontrolled runoff from a newly developed site of mixed use
development could make their drainage problems worse in the future.
PROPOSED IMPROVEMENTS:
During the platting and engineering plan review process, the City Engineering Department will
closely monitor design calculations, runoff control & detention pond features (including storage
volumes) prior to release of water off of their property. They will be required to comply with City
Ordinances related to drainage and all other construction activities. This includes, but is not
limited to City of Paris Code of Ordinance Exhibit 9A Subdivision, IX Design of Improvements,
E: Drainage:
"Storm sewers, bridges, culverts, inlets, and drainage channels or ditches of a
permanent design adequate to carry off such rainfall shall be installed by the
subdivider throughout the entire length of the drainage area where the surface
drainage traverses the subdivision. The subdivider may construct in lieu of
storm sewers suitable drainage channels which shall be of sufficient width,
depth and shape to carry off the surface drainage and allow for maintenance
operations in keeping such ditches open. All drainage ditches so constructed
shall have their sides sloped so as to retard erosions; the flow line of said
ditches shall be permanently established by small low flow concrete sections,
and the banks of all curves or bends shall be permanently protected to prevent
erosion. No open drainage channels shall be constructed within the areas
dedicated as public streets and alleys in said subdivision; provided, however,
that in cases where utilization of the land of the improved development warrants
otherwise, such ditches may be located in the center portion of the street
(except at street intersections where culverts or bridges of a permanent design
shall be constructed) where a right-of-way not less than eighty (80) feet in width,
plus width, for drainage channel, is provided.
Computations to determine whether such lots or land will be flooded by rainfall
and the size of drainage facilities adequate to prevent flooding shall be based
upon the "Rational Method" using the Texas State Highway Department's
Frequency of Rainfall for District 1, and a five-year cycle for residential areas,
Class 1 & 2, ten-year cycle for apartment areas and mass housing projects, and
twenty -five-year cycle for areas of lower zoning classification than residential.
No street shall be designed or allowed in any subdivision to carry more surface
water than can be carried by the street when the water is running curb deep.
All drainage easements over or across adjacent tracts of land that are
necessitated by the subdividing of a tract of land shall be secured and furnished
to the City by the subdivider."
BASIC SITE EVALUATION:
As development is proposed, our engineering comments will require runoff on the western and
southern borders of Shine in Paris, LLC's property contain curbing or another approved method
in advance of their property line fence to keep runoff from traveling into the yards of the addresses
mentioned above. They will be required to collect stormwater runoff into properly sized detention
facilities as required by our ordinances. They will also be required to control the metering of water
leaving the site as required in our ordinances, and secure all easements to ensure those drainage
paths.
This may require stormwater improvements to Hubbard/26th Street. Normally, in the engineering
and development process, several iterations of design are processed by the private engineer and
reviewed by the city. The City Engineering Department will work to ensure our ordinances are
followed and downstream concerns are met through each design and review iteration.
It is the recommendation of the City Engineering Department that the Planning & Zoning
Commission use the above information as they decide on the zoning changes requested by Shine
in Paris, LLC.
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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 SO AS TO ALLOW A SPECIFIC USE PERMIT
(SUP) FOR A MIXED USE IN A GENERAL RETAIL DISTRICT (GR) IN CITY
OF PARIS BLOCK 249, LOT 7 AND PART OF LOTS 8 AND 9, LCAD # 17943,
LOCATED AT 2500 AND 2514 LAMAR AVENUE, AND CITY OF PARIS
BLOCK 249, PART OF LOTS 8 AND 9, LCAD # 17944, LOCATED AT 2524
LAMAR AVENUE IN THE CITY OF PARIS, TEXAS; 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 for a
Mixed Use in a General Retail (GR) zoning district in the City of Paris, Block 249, Lot 7 and
part of Lots 8 and 9, located at 2500 and 2514 Lamar Avenue, LCAD # 17943, and City of
Paris Block 249, part of Lots 8 and 9, LCAD # 17944, located at 2524 Lamar Avenue; and,
WHEREAS, on July 6, 2023, 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 (SUP) for a Mixed
Retail/Residential Use and, following said hearing, made formal recommendation to the City
Council to approve the requested SUP subject to the following conditions:
1. The grading and drainage plan shall be reviewed and approved by the City
Engineer prior to approval of a Preliminary Plat such that there shall be no
direct runoff of storm water to the west property line.
2. The building #2 shall maintain a minimum thirty (30') foot setback as a
buffer yard from the west property line.
3. The developer shall retain all existing vegetation as screening along the
west property line, or shall plant and maintain double the minimum
required canopy trees and shrubs along this side yard buffer area. All
removal of trees and vegetation shall be subject to prior approval of the
Director of Planning and Community Development and the City Engineer
prior to issuance of a site clearing permit and/or grading permit. All
vegetation and trees required to be preserved shall be protected with
temporary fencing barrier to be installed around the canopy drip line.
4. The developer shall install a minimum six (6') foot privacy fence along the
west property line from Lamar Avenue to the southwest corner of Building
3.
5. The developer shall comply with all other state and local regulations and
policies for the development prior to issuance of all permits and Certificates
of Occupancy.
6. The SUP shall expire one (1) year from date of approval, unless extended
for up to an additional one (1) year by the City Council, unless a site
construction and building permit for the first phase has been applied for
and approved by the City.
WHEREAS, on July 24, 2023, 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 with the stated condition
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 for a Mixed Use in a General Retail zoning district (GR) in the
City of Paris, Block 249, Lot 7 and part of Lots 8 and 9, LCAD # 17943, located at 2500 and
2514 Lamar Avenue, and City of Paris Block 249, part of Lots 8 and 9, LCAD # 17944, located
at 2524 Lamar Avenue subject to the following conditions:
1. The grading and drainage plan shall be reviewed and approved by the City
Engineer prior to approval of a Preliminary Plat such that there shall be no
direct runoff of storm water to the west property line.
2. The building #2 shall maintain a minimum thirty (30') foot setback as a
buffer yard from the west property line.
3. The developer shall retain all existing vegetation as screening along the
west property line, or shall plant and maintain double the minimum
required canopy trees and shrubs along this side yard buffer area. All
removal of trees and vegetation shall be subject to prior approval of the
Director of Planning and Community Development and the City Engineer
prior to issuance of a site clearing permit and/or grading permit. All
vegetation and trees required to be preserved shall be protected with
temporary fencing barrier to be installed around the canopy drip line.
4. The developer shall install a minimum six (6') foot privacy fence along the
west property line from Lamar Avenue to the southwest corner of Building
3.
5. The developer shall comply with all other state and local regulations and
policies for the development prior to issuance of all permits and Certificates
of Occupancy.
6. The SUP shall expire one (1) year from date of approval, unless extended
for up to an additional one (1) year by the City Council, unless a site
construction and building permit for the first phase has been applied for
and approved by the City.
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 S. 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 24th day of July, 2023, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney