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12 - Zoning Change - 2740 E. Price Street - from General Retail to General Retail with Specific Use Permit - City Block 286 Block A Lot 1Item No. 12 memorandum TO: Planning & Zoning Commission Carla Easton, P.E., City Engineer FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 2740 EAST PRICE DATE: October 7, 2018 BACKGROUND: Makenzie Jones has applied for a zoning change on an occupied lot at 2740 East Price Street. The purpose of this request is to change the zoning from General Retail to General Retail with a Special Use Permit in order to allow permanent cosmetic tattooing in a salon. STATUS OF ISSUE: This shop is in a new retail center in an established retail area, just off Collegiate near its intersection with Price. A few parcels in the area are zoned Residential and PD, but a majority is General Retail, and the future land use plan calls for the subject lot, and in fact the entire strip along Collegiate, to be General Retail. The commission and city council previously discussed and approved at least two requests very much like this one (as recently as September 18) when other desired to add these new services. No other tattooing activities are requested or would be allowed based on the SUP approval language. At is October 1 meeting, the planning and zoning commission recommended in favor, 6-0. RECOMMENDATION: Recommend to the city council a zoning change from General Retail to General Retail -SUP. go .. � � /% :.:;� EM m $ z «- �� $� }.. .57 .. � � /% :.:;� EM 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 BLOCK A, LOT 1, IN THE MK PROPERTIES ADDITION CB 286, BEING LOCATED AT 2740 EAST PRICE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETATIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (SUP) FOR PERMANENT MAKE-UP COSMETIC TATTOOS; 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 Block A, Lot 1, in the MK Properties Addition CB 286, being located at 2740 East Price 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 permanent make-up cosmetic tattoos; and, WHEREAS, on October 1, 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 October 22, 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 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 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 Block A, Lot 1, in the MK Properties Addition CB 286, being located at 2740 East Price 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 permanent make-up cosmetic tattoos. 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 22nd day of October, 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 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney