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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. SOOWB'4T E -73Y.29' J i4s i I, Ong SRR SUMMARY TABLE ISG! �V �� N I wx nrx+ui �� �wl�w�xa'9.LL1u s[kAE ia) v /,IXk��� f fi4 M.�°Y.,I ++—�. rw¢ ettW12� •�Am s�. 1 ]0 P7V Ot", .'MI! VICINITY R. ..a iwvrvwa . aua. ncnme sJ SMAP":•" SOOWB'4T E -73Y.29' 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