15 - Zoning Change - 1225,1245,1247 ClarksvilleItem No. 15,
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efi-ussy, AlCP, City Planning Manager
SUBJECT: ZONING CHANGE LOCATED AT 124° CLARKS'' ILLE STREET
DATE: December 5,, 2017
BACKGROUND: This request is to conduct a public hearing and take action regarding the
petition of Kathy Mathis on behalf of E. Mario Garcia for a change in zoning from General
Retail District (GR) to a General Retail District with a Specific Use Permit (SUP) for a Tattoo
Shop, located at 1247 Clarksville Street, on the City of Paris Block 103—A, Lot PT of 9, being
known as 1225, 12454 1247 Clarksville Street. The subject property is approximately 0.510
acres. At the December 4, 2017 Planning and Zoning Commission meeting, no person spoke in
favor of this request, and three people spoke in opposition. The commission voted unanimously
to recommend denial of this, SUP request.
STATUS OF ISSUE: The city staff has detennined the following:
(A) Basic Property Data. Existing Land Use: The subject property is one unit of a three
unit/store small strip shopping center. Existing Zoning: Tile entire land area surrounding this
subject property is, zoned General Retail (GR), except northeast which is zoned Multiple Family
Dwelling District I (MF -1). The Future Land Use Plan FLUP) within the Comprehensive Plan:
The FLUP, recorm-needs this entire area as Retail (R) uses, except for property north of and
adjacent to the subject property, which is recornmended for Low Density Residential (LIAR),
which is single—family use, and the currently zoned MF .1 area is recommended for Retail on the
FLUP.
(13) Staff Comments from the Development Review Committee (DRC): The city engineer has
stated that street/thoroughfare right—of—way (R.O.W.) is not needed. She stated that a 15'
waterline casement is required on Clarksville. The city engineer also stated that there is no flood
plain on this property and it is unknown if there are any other man—made and/or natural
environmental constraints on the property, but she does not anticipate other constraints, The
public works director also stated that a 15' utility R.0,W. is required on the north side of
Clarksville in relation to this subject property. The fire marshal stated that at this time, he has no
fire, explosive, or other Fire Department issues associated with this subject property.
(C) Site Plan Requirement: The Paris Zoning Ordinance (and most zoning ordinances in the
United States) requires a site plan as part of the evaluation process for an SUP. However, the
majority ofSUPs across the country are examined based on the SUP applying for approval on
vacant land; therefore, a site plan is of particular importance to determine the size, function,
safety, aesthetic, and land use relationships. However, in this case (and similar SUP requests in
Paris) the: request is for an SUP within an existing shopping center, with a constructed building,
access, and parking areas. Therefore, to assist the staff, commission, and council in their
deliberation, the staff is including photographs of the site (as we have done before in similar SUP'
requests in Paris).
(D) Additional Requirement. 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 SUP procedure regarding this zoning request, the staff is reconnrnendim4 as a
condition that all of said Chapter 146 become part of the approval requirement for this proposed
tattoo use. 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. Further, in this
situation, a new business will locate in this small shopping center, whereby instead of two of the
three business units being vacant, approval of this tattoo business will leave only one vacant unit
at this time,
(E) Staff sion: One
commission member indicated his positive experience regarding the location of two tattoo
parlors. Citizens in opposition were concerned with visibility of this proposed tattoo shop and its
visibility in a highly trafficked area. They also stated that they were in business in the subject
area, and had concerns that the tattoo shop may not remain in business at this location.
Nonetheless, the staff continues to support a recommendation for approval, based on staffs
above reasoning.
BUDGET: N/A
RECOMMENDATION: Approve a change in zoning from a General Retail District (GR) to a
General Retail District with a Specific Use Pen -nit (SUP) for a Tattoo Shop, located at 1247
Clarksville Street, on the City of Paris Block 103- -A, Lot P'17 of 9, being known as, 1225, 1245,
1247 Clarksville Street, conditioned upon adherence to the requirements of the Texas Health
And Safety Code, Chapter 146: Tattoo and Certain Body Piercing Studios.
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WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the ,Zoning Ordinance of the City of Paris to rezone City of Paris Block 103-
A, Lot PT of 9 being located at 1247 Clarksville Street, 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; and,
WHEREAS, on. December 4, 2017, 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 deny said proposed zoning change thereby
requiring al three-quarter (3/4) majority vote of the City Council to approve the rezoning of
the property; and,
"WHEREAS, on December 11, 2017, 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 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 CITY COUNCIL OF THE CITY OF
„I. ,. R 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 flap of the City of Paris, Texas and Zoning
Ordinance No. 1.710 of the City of Paris as heretofore amended is hereby further amended
to rezone City of Paris (Plock 103-A, Lot PT of 9, being located at 1247 Clarksville 'Street, in
the City of Paris, Lamar County, Texas, from a General Retail District (GR) to a General
Retail District (GR) i with a Specific Use Permit (SUP) for a Tattoo Shop, conditioned upon
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 on this 11Lh day of December, 2017, by the City Council of
the City of Paris, in regular session) following notice and publication as required by law.
Steven J. Clifford, M.D., Mayor
Ely Itmil
Janice Ellis, City Clerk
Stephanie H. Harris, City Attorney