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.
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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