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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