12 - ZONING CHANGE FOR A TATTOO SHOP AT 2620 LAMAR AVENUEItem No. 12
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A GENERAL RETAIL DISTRICT (GR) TO A
GENERAL RETAIL DISTRICT WITH A SPECIFIC USE PERMIT FOR A TATTOO
SHOP AT 2620 LAMAR AVENUE.
DATE: October 18, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Jason
Vickers on behalf of Spencer O'Connor for a change in zoning from a General Retail District
(GR) to a General Retail District with a Specific Use Permit (SUP) for a Tattoo Shop, on the
City of Paris Block 249, Lot 12, being located at 2620 Lamar Avenue. This property is
comprised of 0.6940 acres and there is no flood plain on this subject property. At the October
17, 2016 Planning and Zoning Commission meeting, the commission unanimously
recommended approval of this zoning request, conditioned upon adherence to Chapter 146 of the
Texas Health and Safety Code. Mr. Jason Vickers spoke in favor of this request, and no other
person spoke in favor, and no persons spoke in opposition to this zoning change.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: This subject property contains three buildings and supportive parking.
Some landscaping and vegetative material is also on site. The proposed use is requested within
Suite 2620 within the building facing Lamar Avenue.
(B) Existing oning of the Subject Property This subject property is currently zoned General
Retail District (GR).
(C) Proposed Land Use for the Subject Propert y: The applicant is proposing to establish a tattoo
shop on this property.
(D) Proposed Zoning of the Subject Property: (I) The proposed zoning is to change from the
General Retail District to a General Retail District with a Specific Use Permit (SUP) for a tattoo
shop. (II) Through Resolution No. 2015 -031, approved by the City Council on July 13, 2015, a
tattoo shop and body piercing shop use is to be permissible in Commercial (C), Light Industrial
(LI) and Heavy Industrial (HI) Zoning Districts; and said use in the General Retail (GR), Central
Area (CA) and the Planned Development (PD) Zoning Districts allowed with a Specific Use
Permit (SUP).
Further, a SUP request requires submittal of a site plan. A site plan is particularly required when
the subject property is vacant, so new physical development functions can be evaluated.
However, in this subject case, the subject property is already developed, and the applicant is
requesting use in an existing structure. Hence, the staff is not requiring a newly prepared site
plan from the applicant. However, instead the city staff is submitting photographs of the subject
site, as well as aerial photography to aid the Commission and Council in their approval
consideration.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The FLUP indicates this
subject property for High Density Residential (HDR). Retail (R) use is recommended on
property adjacent to the subject site on the west; HDR is recommended on property adjacent to
the subject site on the east. The Comprehensive Plan describes HDR use as "Traditional
apartment —type units in attached living complexes characterize high density residential land
use."
(F) The Major Thoroughfare Plan (MTP): Lamar Avenue is designated as an Arterial Roadway.
The city engineer has indicated no additional ROW is needed, since this is a TXDOT ROW.
(G) The Parks, Recreation, and Open Space Master Plan: The Trail and Sidewalk Map indicates
a city sidewalk along the Lamar Avenue frontage of this subject property. This subject property
lies within the Neighborhood Parks '/2 Mile Service Radius for Wade Park, on the Existing Parks
and Open Space Map; on the Future Parks and Open Spaces Plan Map, Wade Park is
recommended as a Renovated Park.
(H) Additional Considerations Regarding the Staff Recommendation:
A. The city planning manager, the city engineer, the director of public works, and the fire
marshal stated that they do not have issues regarding the proposed land use request for this
subject property. The director of public works has indicated that additional ROW is not needed
for utilities.
B. The Texas Local Government Code (TLGC, 2016 edition) does not address tattoo parlors.
However, licenses, registration, and regulations regarding tattoo and certain body piercing
establishments are addressed in the Texas Health and Safety Code, Chapter 146. As part of the
2
SUP procedure regarding this zoning request, the staff is recommending as a condition that all of
said Chapter 146 become part of the approval requirement for this proposed tattoo use. The
applicant has agreed to this condition. Beyond that, the city planning staff does not have issues
with this request; there is apparently a market for this use within Paris and the surrounding
region. Again, that use will add to the tax base and employment opportunity, relatively small as
it may be.
RECOMMENDATION: Approve a change in zoning from a General Retail District (GR) to a
General Retail District with a Specific Use Permit (SUP) for a Tattoo Shop, on the City of Paris
Block 249, Lot 12, being located at 2620 Lamar Avenue, conditioned upon adherence to the
requirements of the Texas Health And Safety Code, Chapter 146: Tattoo and Certain Body
Piercing Studios.
3
Lmg
@= mob 4x — —j s=tn —j w
7 75.
�11
II
DRAFT
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 REZONE LOT 12, CITY
BLOCK 249, BEING LOCATED AT 2620 LAMAR AVENUE, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT
(GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE
PERMIT (SUP) FOR A TATTOO SHOP ON THE EXISTING PROPERTY;
DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF
THE CITY; 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 rezone Lot 12, City Block 249,
being located at 2620 Lamar Avenue, in the City of Paris, Lamar County, Texas, from a
General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit for a
Tattoo Shop; and
WHEREAS, on October 17, 2016, 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 and, following said hearing, made formal
recommendation to the City Council to approve the requested zoning; and,
WHEREAS, on October 24, 2016, 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 zoning change would be
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 rezone Lot 12, City Block 249, being located at 2620 Lamar Avenue, in the City of Paris,
Lamar County, Texas, from a General Retail District (GR) to a General Retail District (GR)
with a Specific Use Permit for a Tattoo Shop, with the following condition: There shall be
adherence to the requirements of the Texas Health and Safety Code, Chapter 146: Tattoo
and Certain Body Piercing Studios.
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 -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 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 24th day of October 2016, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney