24 - Zoning Change from General Retail to General Retail with Specific Use Permit - Brookside Addition Block 11 Lot 3 - 803 S.E. 24th StreetItem No. 24
memorandum
TO: Mayor & City Council
Gene Anderson, Interim City Manager
FROM: Carla Easton, PE, Engineering & Community Development Director
SUBJECT: ZONING CHANGE — 803 241h St SE
DATE: March 11, 2020
BACKGROUND: Jennifer Miller and Jason Davis, on behalf of Mike and Carrie Taylor, are
requesting a change in zoning from General Retail (R) to General Retail with SUP for Tattoo Shop
(GR -SUP Tattoo) for the property located at 803 24th SE. The site is approximately 0.3 acres with
an existing strip retail/office store. The applicant is proposing to occupy part of the existing
building.
STATUS OF ISSUE: The future land use plan recommends for this site to be retail, and the
existing land uses in the area include retail, office, and neighborhood services, with single family
homes approximately 100 feet to the north.
While zoning principles could support an approval of the SUP, it is most appropriate for the retail
center to be located on a major thoroughfare, not the local street leading into a residential area.
The street access and front parking area on the subject lot is limited along 24th SE. Given the
proximity to the residential neighborhood, staff recommends consideration of limited hours of
operation and by appointment only in an effort to minimize late night disruptions to the area. The
Planning and Zoning Commission voted 5-0 to recommend approval of this zoning change.
RECOMMENDATION: Approve of a zoning change from General Retail (R) to General Retail
with SUP for Tattoo Shop (GR -SUP Tattoo) with hours of operation limited to 7:00 AM to 7:00
PM, and scheduling by appointment only.
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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 11,
LOT 3, IN THE BROOKSIDE ADDITION, BEING LOCATED AT 803 S.E. 24TH
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, 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 11, Lot 3, in
the Brookside Addition, being located at 803 S.E. 24th 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 March 2, 2020, 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 13, 2020, following notice and publication as required by law,
having renoticed and republished after canceling the Regular Meeting of March, 23, 2020
due to the COVID-19 pandemic, 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 11, Lot 3, in the Brookside Addition, being located at 803 S.E. 241h
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.
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 13th day of April, 2020, 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