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11 - Zoning Change Request - 118 Lamar Avenue Block 14 Lots3-4 from Central Area District to Central Area District with a Specific Use PermitItem No. 11 TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 118 LAMAR AVENUE DATE: April 2, 2019 BACKGROUND: Jason Vickers is requesting a zoning change from Central Area (CA) to CA with a specific use permit (CA -SUP) for an existing building located at 118 Lamar Avenue. Mr. Vickers wishes to open and operate a retail tattoo studio in that location. The intensity of this use would be compatible with the location in regards to parking, traffic, noise, and drainage issues. A tattoo studio has previously operated in this immediate area, and Mr. Vickers has successfully operated a private studio in a different location. STATUS OF ISSUE: The deciding factor for this application is whether or not this use is appropriate for the downtown area and if it will help promote and grow that area of the city, or if it might detract from it. In some segments of society, tattoos still have a negative stigma; however, in the last decade they have become very mainstream and accepted. There is no tangible reason to believe this specific use would attract any negative activity or persons, and tattooing is a common and popular use in successful downtowns in most larger cities. The question for the council is whether or not it believes this are mitigating factors at this specific location. That is of course the value of the SUP designation. Also keep in mind that the SUP process allows the city to place certain conditions on the use requested, though no conditions were considered by the commission. At its regular meeting of April 1, the planning & zoning commission conducted a public hearing on this zoning request. Three individuals spoke in support of the issue, including a neighbor and the applicant. Two spoke in opposition, including Ms. Portugal. RECOMMENDATION: By a vote of 7-0, the commission unanimously recommended to the city council approval of a zoning change from Central Area to CA -SUP for a tattoo studio. 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 CITY BLOCK 14, LOTS 3-4, BEING LOCATED AT 118 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A CENTRAL AREA DISTRICT (CA) TO A CENTRAL AREA DISTRICT (CA) WITH A SPECIFIC USE PERMIT (SUP) FOR A TATTOO STUDIO, 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 City Block 14, Lots 3-4, being located at 118 Lamar Avenue, in the City of Paris, Lamar County, Texas, from a Central Area District (CA) to a Central Area District (CA) with a Specific Use Permit (SUP) for a tattoo studio; and, WHEREAS, on April 1, 2019, 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 April 22, 2019, 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 City Block 14, Lots 3-4, being located at 118 Lamar Avenue, in the City of Paris, Lamar County, Texas, from a Central Area District (CA) to a Central Area District (CA) with a Specific Use Permit (SUP) for a tattoo studio. 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 April, 2019, 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 118 Lamar Ave- Subject Property March 11, 2019 1:564 Paris, TX 2 Mile E.T.J. - 2018 Addressing In Progress - 2018 0 0.01 0.01 0.02 mi 0 Municipal Boundary Data for Paris, Texas ArkTex 9-1-1 Roads 0 0.01 0.01 0.03 km L.CA.D.2017-18 ROLL Parcels City or County Roadway ©0"eStrmtMap(.nd)mnUil W.. CC -BV -SA State Roadway