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15 - Zoning Change Request-2775 NE Loop 286Item No. 15 71, TO: Mayor& City Council John Godwin, City Manager FROM: Alan Eftussy, AICD, City Planning Manager SUBJECT: CHANGE IN ZONING FROM PLANNED DEVELOPMENT TO A PLANNED DEVELOPMENT WITH A SPECIFIC USE PERMIT (TATTOO SHOP) FOR A PERMANENT MAKEUP SALON, LOCATED AT 2775 N.E. LOOP 286 DATE: February 13, 2018 BACKGROUND: This request is to conduct a public hearing and take action regarding the petition of Amanda Scott on behalf of Alec Outdoor Advertising LP for a change in zoning from Planned Development a—f (PD a ---f) to a Planned Development a --f (PD a -f) with a Specific Use Pen -nit (Tattoo Shop) for a Pen-nanent Makeup Salon, on Lot PT 1, SSLA Commercial Addition being located at 2775 N.E. Loop 286. This property is comprised of 0,69 acres. At the February 5, 20118 Planning and Zoning Commission meeting, no person spoke either in favor of or in opposition to this request. The commission unanimously recornmended approval of this rezoning request conditioned upon the adherence to the requirernents as stated herein, STATUS OF ISSUE: The city staff has determined the following: A. Existing Land Use: There is an existing structure on site which is proposed to be used per this zoning request. The name of the business is the Shear Heaven Salon and Pretty In Ink; this property fronts on Loop 286. The front drive area is paved; most of the rear parking area is paved, and some parking in the rear area is gravel. There is an existing brick office building directly north of this subject property entitled Young Title Company. Directly south of the subject property is TaMolly's Mexican restaurant. There is no flood plain on this property. B. Proposed Land Use: The applicant is requesting to use these prernises for a Permanent Makeup facility. The definition of a Permanent Makeup use is as follows: "Permanent Makeup is not a tattoo. It is perinanent eye liner, lips, and eyebrows. The procedure is only on the customer's face, and there is no permanent body ink procedure on any other part of the body." The applicant has stated that she will not provide any tattoo procedures at all on these premises. C. Proposed Zoning: The applicant has stated she will only do permanent makeup and will not conduct tattooing; however, since this proposed use is somewhat similar to a tattoo procedure the inost appropriate zoning regulation is Resolution No. 2015-031, which allows these types ,of procedures in the PD Zone, but only with approval ofa Specific LJse Permit (SUP). D. The Future Land Use Plan (FLUP) Within the Comprehensive Plan: The FLUP recoi-ni-nends that this property be established as a Retail land use, and that designation is compatible with the proposed use. E. City Staff Recommendation: A SUP request typically 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 a photograph of the subject site. The city engineer and the city planning manager are recommending the following elements as conditions for approval of this project; these have been discussed with and agreed to by the applicant. 1) This SUP is limited entirely to the application of Permanent Makeup procedures as, defined herein. 2) There shall be no tattoo or body piercing procedures conducted anywhere within the subject premises located at 2775 N.E. Loop 286, 3) As applicable, the subject applicant shall abide by all licensing and pen -rutting requirements for said Permanent Makeup, procedures undertaken on the premises at 2775 N.E. Loop 286. RECOMMENDATION: Approve a change in zoning from a Planned Development (a. -f) to a Planned Development (a f) with a Specific Use Pen -nit (Tattoo Shop) for a Pen-nanent Makeup Salon located at 2775 N.E. Loop 28,6, conditioned upon the adherence to the requirements as stated herein. 2 IN lnl1 :11 1 11 I. -IN■ PanS-2-Yile—ETLJuty_2d16 — State Roadway 1:1,128 Municipal Boundary Date for Pads, Texas 0 Addressing in Progress - JAN 2()I7' 0M 01.02 0.04 nut LOAD 2017 Parcels 0 0.02 0.04 0 00 krn ArkT*X'§11 Roads City or County Roadway Esd, HERE, DeLome, MAPmYn)d'a, C OpenStreelmap r,on1flkmtom and the GIS user community State Roadway Snume: Ens, blglalGlobe, GDOEYO.EarlhArarGeographics, CNES/Aiome DS, USDA, US GS AaroGRID, rGN, and the GIS We, AN ORDINANCE OF THE CITY COUNCIL OF T'HE' CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1.710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT P'T 1, SSLA COMMERCIAL ADDITION, BEING LOCATED AT 2775 N.E. LOOP 286, IN THE CITY OF PARIS, LAMAR COUNTY, 'TEXAS, FROM A PLANNED DEVELOPMENT A -F (PD A --F) TO A PLANNED DEVELOPMENT A -F' (PD A- F) WITH A SPECIFIC USE PERMIT (TATTOO SHOP') FOR. A PERMANENT MAKEUP SALON; DIRECTING A CHANCE 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 PTI 1, SSLA Commercial Addition, being located at 2775 N.E. Loop 286, in the City of Paris, Lamar County, Texas, from a Planned Development a -f (PD a -f) to a Planned Development a -f (PD a-0 with a Specific Use Permit (Tattoo Shop) for a Permanent Makeup Salon; and WHEREAS, on February 5, 2018, 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. February 26, 2018, 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. THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7ARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the definition of a Permanent Makeup use is as follows: "Permanent Makeup is not a tattoo. It is permanent eye liner, lips, and eyebrows. The procedure is only on the customer's face, and there is no permanent body ink procedure on any other part of the body." Section 3. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance, No., 171.0 of the City of Paris as heretofore amended is hereby further amended to rezone Lot PT 1, SSLA Commercial Addition, being located at 2775 N.E. Loop 286, in the City of Paris, Lamar County, Texas, from a Planned Development a -f (PD a-0 to a Planned Development a -f (PD a-0 with a Specific Use Permit (Tattoo Shop) for a Permanent Makeup Salon with adherence to the following conditions: 1) This SUP is limited entirely to the application of Permanent Makeup procedures as defined herein and as stated in Section 2 (two) of this Ordinance. 2) There shall be no tattoo or body piercing procedures conducted anywhere within the subject premises located at 2775 N.E. Loop 286. 3) As applicable, the subject applicant shall abide by all licensing and permitting requirements for said Permanent Makeup procedures undertaken on the premises at 2775 N.E. Loop 286., Section 4. 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 5. 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 otherprovisions 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 6. 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 7. 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 8. 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 9. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 261h day of February 2018, 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 Janice Ellis, City Clerk Stephanie If. Hari -is, City Attorney