13 - Specific Use Permit for Auto Fuel Sales in Commercial District - Block 251 Lot PT 27-B - LCAD 53673 - 2335 N. Main StreetMemorandum Item 13
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Robert Vine, Deputy City Manager
SUBJECT: Conduct a public hearing and take action regarding the petition of Shane
Nandlal/Tricon Group on behalf of Michael O'Donnell of Semmmkleetaa LLC
for a Specific Use Permit (SUP) for Auto Fuel Sales in a Commercial (C) District
in the City of Paris, Block 251, Lot PT 27-B, LCAD 53673, located at 2335 N,
Main Street,
DATE: October 23, 2023
BACKGROUND
According to Section 12-101 of the Zoning Ordinance, "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 we�/are and to assure compliance with this ordinance, establish conditions o operation,
location, arrangement and construction of any use jbr which a permit is authorized
9030M
At the Planning & Zoning Commission meeting of October 2, 2023, the Commission
unanimously recommended approval of the Specific Use Permit.
ANALYSIS
The subject property is zoned C, is guided for Retail and is vacant non -conforming developed lot.
• The land to the West is zoned C, is guided for retail and is the Paris Lanes bowling alley.
• The land to the North is zoned C, is guided for retail, and is the Atwood's Store.
• The land to the East is zoned C, is guided for retail and is the Sonic Drive In.
• The land to the South across the creek is zoned C, is guided for retail and is the Road House Restaurant.
Staff has not yet met with the business development owner regarding the full detailed plans of
the building and pump canopy remodel. The project is not yet at the stage of final site design
for improvements. Detailed plans will still need to be prepared for approval in conformity with
the zoning and subdivision requirements, as well as the above -referenced SUP regulations. Staff
will work through these details with the developer following approval of the SUP. At this stage
of the project, the only requirement being met is the approval of this use in this location, not the
site plan. It will, however, involve very minor changes to the existing improvements on the
ground.
RECOMMENDATION
P&Z and Staff recommends approval of a Specific Use Permit (SUP) for an Auto Fuel Sales &
Convenience Store located at 2335 North Main Street, subject to the following conditions:
1. Approval of the site civil construction improvements by the City Engineer, Fire Marshal
and Planning & Community Development Director prior to issuance of site civil and
building/canopy permits.
2. All broken or damaged pavement sections shall be fully repaired or replaced.
3. Full compliance with the Off -Street Parking Striping and Handicapped requirements of
the Zoning Ordinance.
4. Where feasible, additional greenspace and planting of canopy trees and shrubbery shall
be added to the site and the greenspace area increased by 4% to comply with the buffering
standards contained in Section 30-100 of the Zoning Ordinance.
5. The dumpster storage area shall be upgraded in conformance with the trash enclosure
storage requirements of Section 30-203 of the Zoning Ordinance.
6. Full compliance with TCEQ fuel replacement requirements and said documentation
affirming compliance shall be provided by the City's Fire Marshal prior to issuance of
site civil and building permits.
7. Full conformity with all other requirements of the Zoning Ordinance, including Section
12-100 of the Zoning Ordinance, all applicable requirements of the Subdivision
Ordinance, and all applicable City Development Guidelines and Standards.
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 AUTO FUEL SALES IN A COMMERCIAL DISTRICT (C) IN THE
CITY OF PARIS BLOCK 251, LOT PT OF 27-13, LCAD #53673, LOCATED AT
2335 N. MAIN 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 for a specific use permit (SUP) for
auto fuel sales in a Commercial District (C) in the City of Paris Block 251, Lot PT of 27-B,
LCAD #53673 located at 2335 N. Main Street; and,
WHEREAS, on October 2, 2 02 3, 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 for an SUP for auto fuel sales in a Commercial
District (C), and, following said hearing, made formal recommendation to the City Council to
approve the requested specific use permit subject to the following conditions:
1. Approval of the site civil construction improvements by the City Engineer,
Fire Marshal, and Planning and Community Development Director prior to
issuance of the site civil and building/canopy remodel permits.
2. All broken or damaged pavement sections shall be fully repaired or
replaced.
3. Full compliance with the off-street parking striping and handicapped
parking requirements of the Zoning Ordinance.
4. Where feasible, additional greenspace and planting of canopy trees and
shrubbery shall be added to the site and the greenspace area increased by
4% to comply with the buffering standards contained in Section 30-100 of
the Zoning Ordinance.
S. The dumpster storage area shall be upgraded in conformance with the trash
enclosure storage requirements of the Zoning Ordinance Section 30-203.
6. Full compliance with TCEQ fuel replacement requirements with
documentation affirming compliance shall be provided to the City's Fire
Marshal prior to issuance of site civil and building permits.
7. Full conformity with all other requirements of the Zoning Ordinance,
including Section 12-100 of the Zoning Ordinance, all applicable
requirements of the Subdivision Ordinance, and all applicable City
Development Guidelines and Standards.
WHEREAS, on October 23, 2023, following notice and publication as required bylaw,
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
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 (SUP), for auto fuel sales in a Commercial District (C) in the City
of Paris Block 251, Lot PT of 27-B, LCAD #53673 located at 2335 N. Main Street:
1. Approval of the site civil construction improvements by the City Engineer,
Fire Marshal, and Planning and Community Development Director prior to
issuance of the site civil and building/canopy remodel permits.
2. All broken or damaged pavement sections shall be fully repaired or
replaced.
3. Full compliance with the off-street parking striping and handicapped
parking requirements of the Zoning Ordinance.
4. Where feasible, additional greenspace and planting of canopy trees and
shrubbery shall be added to the site and the greenspace area increased by
4% to comply with the buffering standards contained in Section 30-100 of
the Zoning Ordinance.
5. The dumpster storage area shall be upgraded in conformance with the trash
enclosure storage requirements of the Zoning Ordinance Section 30-203.
6. Full compliance with TCEQ fuel replacement requirements with
documentation affirming compliance shall be provided to the City's Fire
Marshal prior to issuance of site civil and building permits.
7. Full conformity with all other requirements of the Zoning Ordinance,
including Section 12-100 of the Zoning Ordinance, all applicable
requirements of the Subdivision Ordinance, and all applicable City
Development Guidelines and Standards.
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 23rd day of October, 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