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16 - Amend Zoning Block 6 Lot 7 LCAD 13657 at 114 S.E. 1st Street from a Central Area District to a Central Area District with a Specific Use Permit for a Tattoo ShopItem No. 16 TO: Mayor & City Council Grayson Path, City Manager FROM: Carla Easton, PE, Engineering & Community Development Director SUBJECT: ZONING CHANGE —1141St STREET SE DATE: August 24, 2020 BACKGROUND: Candra Wyatt, on behalf of Mossie Kines, is requesting a change in zoning from Central Area District (CA) to Central Area District (CA) with SUP for Tattoo Shop (CA - SUP Tattoo) for the property located at 114 1 St St SE. The applicant is proposing to occupy part of the existing building owned by Mr. Kines, and this location has been used in the past as a tattoo shop. STATUS OF ISSUE: The subject property is in the CA district where a diverse group of land uses can be appropriate, including tattoo parlors. In this location, visibility from the main street is somewhat limited by having a single entry door to 1St SE. Adequate parking can be provided along Clarksville St or other downtown on -street spaces. This location is surrounded by other business, office, and retail uses, so a tattoo shop with later hours of operation would not pose an inconvenience to the surrounding area. Staff is not aware of any issues regarding loitering or public nuisance at the proposed location when used as a tattoo shop in the past. The Planning & Zoning Commission voted 6-0 to recommend approval of this zoning change. RECOMMENDATION: Approve of a zoning change from Central Area District (CA) to Central Area District (CA) with SUP for Tattoo Shop (CA -SUP Tattoo). 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 OF PARIS BLOCK 6, LOT 7 LOCATED AT 114 S.E. 1ST STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A CENTRAL AREA (CA) TO A CENTRAL AREA DISTRICT (CA) 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 of Paris Block 6, Lot 7 located at 114 S.E. 1St Street, in the City of Paris, Lamar County, Texas, from a Central Area (CA) to a Central Area (CA) with a Specific Use Permit (SUP) for a tattoo shop; and, WHEREAS, on August 3, 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 August 24, 2020, 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 of Paris Block 6, Lot 7 located at 114 S.E. 1St Street, in the City of Paris, Lamar County, Texas, from a Central Area (CA) to a Central Area (CA) 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 provision 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 24th day of August, 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