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19 - Specific Use Permit for Tattoo Shop in the Central Area District - Block 6 Lot 7 - 116 S.E. 1st StreetItem No. 19 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Daniel Garza on behalf of Red W Leaf, LLC for a Specific Use Permit for a Tattoo Shop in the Central Area District (CA), on part of LCAD 13657, in the City of Paris, Block 6, Lot 7, located at 116 SE 1 st Street. MTG. DATE: July 24, 2023 BACKGROUND The applicant has requested a Special Use Permit (SUP) in the CA District Historic Overlay to expand an existing tattoo shop. No changes to the exterior of the building are planned at this time. Future signage may be a consideration that would be subject to a Certificate of Appropriateness (COA) review by the Historic Preservation Officer if a sign permit were to be requested. Tattoo Shops / Artist and Body Piercing Studios are regulated, licensed and inspected in Texas by the Texas Department of State Health Services. They also require proof of valid zoning authorization by the Local Unit of Government. As with all other businesses in Paris, they are also required to operate with any change of occupancy or ownership with a current Certificate of Occupancy (CO). At its 7/6/23 meeting, the P&Z unanimously recommended approval. ANALYSIS On a preliminary basis, all requirements of the ordinance can be met. The location is surrounded by other downtown businesses on the block. The SUP is an allowable (permitted) use in the CA Zoning District and should be approved with appropriate conditions to assure consistency with the City's Ordinances and other appropriate conditions unique to the site of the proposed project. INPUTS 1 input in support was received to date. RECOMMENDATION P&Z and Staff recommends approval of a Specific Use Permit (SUP) for a Tattoo Shop in the Central Area District (CA), on part of (LCAD 13657), located at 116 SE 1st Street, subject to the following conditions: 1. The applicant shall provide proof to the City of current licensure for the operation of a tattoo studio by the Texas Department of State Health Services. 2. The applicant shall obtain and maintain a valid Certificate of Occupancy issued by the City of Paris for the business operation and comply with all requirements therein. 3. The SUP shall expire one (1) year from date of discontinuance, unless a new CO is applied for and approved by the City within that time frame. 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 ALLOW A SPECIFIC USE PERMIT (SUP) FOR TATTOO SHOP IN THE CENTRAL AREA DISTRICT (CA) ON PART OF LCAD 13657, CITY BLOCK 6, LOT 7, LOCATED AT 116 SE 1sT STREET; 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 for a specific use permit (SUP) for a tattoo shop in the Central Area (CA) zoning district at City Block 6, Lot 7, LCAD # 13657, located at 1161sT Street SE; and, WHEREAS, on July 6, 2023, 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 for an SUP for a tattoo shop in the Central Area District (CA), and, following said hearing, made formal recommendation to the City Council to approve the requested specific use permit subject to the following conditions: 1. The applicant shall provide proof to the City of current licensure for the operation of a tattoo studio by the Texas Department of State Health Services. 2. The applicant shall obtain and maintain a valid Certificate of Occupancy issued by the City of Paris for the business operation and comply with all requirements therein. 3. The SUP shall expire one (1) year from date of discontinuance, unless a new CO is applied for and approved by the City within that time frame. WHEREAS, on July 24, 2023, 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 specific use permit with the stated conditions 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 allow a specific use permit for a tattoo shop in the Central Area (CA) zoning district at City Block 6, Lot 7, LCAD # 13657, located at 1161ST Street SE subject to the following conditions: 1. The applicant shall provide proof to the City of current licensure for the operation of a tattoo studio by the Texas Department of State Health Services. 2. The applicant shall obtain and maintain a valid Certificate of Occupancy issued by the City of Paris for the business operation and comply with all requirements therein. 3. The SUP shall expire one (1) year from date of discontinuance, unless a new CO is applied for and approved by the City within that time frame. 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. 1.01.009 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 July, 2023, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney