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18 - Specific Use Permit for a Tattoo Shop - 2775 N.E. Loop 286TF.Xv,S Memorandum Item No. 18 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Duke McGee, Building Official, Assistant Director Community Development SUBJECT: Conduct a public hearing to consider and take action regarding the petition of Matt Merritt on behalf of James Martinez/Alec Outdoor Advertising, LP for a Specific Use Permit (SUP)- Tattoo Shop in a Planned Development District (PD), in the SSLA Commercial Addition, Lot PT 1, LCAD 18789, located at 2775 NE Loop 286. MTG. DATE: May 13, 2024 BACKGROUND The applicant proposes to add a tattoo service shop in suite # 3 of an existing multi -use structure. Interior building space layouts and drawing are attached with the applicant's submitted application for this project ANALYSIS Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific use permits for the following types of uses in the following districts: (56) Tattoo Shop and Body Piercing Shop in the GR, CA, and PD districts Section 12-101 further requires that: "The city staff shall review and recommend said Special Use Permit request and the Planning and Zoning Commission in considering and determining its recommendation and the City Council on any request for a Specific Use Permit shall require from the applicant Site plans and supportive plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance with this ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous condition." INPUTS No inputs have been received to date P & Z RECOMMENDATION P&Z Voted 6-0 to approve the SUP for tattooing with conditions RECOMMENDATION Staff recommends approval of the (SUP) in the Plan Development District (PD) to include the use of tattooing, subject to the following conditions: 1. Update Certificate of Occupancy to include Tattoos. 2. The business owner shall comply with all required Federal, State and Local laws. 3. The SUP shall terminate upon the vacation of the premises and discontinuance of the use at this location. 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 A TATTOO SHOP IN A PLANNED DEVELOPMENT DISTRICT (PD) IN THE SSLA COMMERCIAL ADDITION, LOT PT OF 1, LCAD NO. 18789, LOCATED AT 2775 NE LOOP 286; 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 a Planned Development District (PD) in the SSLA Commercial Addition, Lot PT of 1, LCAD No. 18789, located at 2775 NE Loop 286; and, WHEREAS, on May 6, 2024, 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 a Planned Development District (PD), and, following said hearing, made formal recommendation to the City Council to approve the requested specific use permit subject to the following conditions: 1. Update Certificate of Occupancy to include Tattoo Shop. 2. The business owner shall comply with all required federal, state, and local laws. 3. The SUP shall terminate upon the vacation of the premises and discontinuance of the use at this location. WHEREAS, on May 13, 2024, following notice and publication as required bylaw, 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 and are incorporated herein for all purposes. 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 (SUP) for a Tattoo Shop in a Planned Development District (PD) in the SSLA Commercial Addition, Lot PT of 1, LCAD No. 18789, located at 2775 NE Loop 286, subject to the following conditions: 1. Update Certificate of Occupancy to include Tattoo Shop. 2. The business owner shall comply with all required federal, state, and local laws. 3. The SUP shall terminate upon the vacation of the premises and discontinuance of the use at this location. 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 13th day of May, 2024, 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