14 - ZONING CHANGE 4225 LAMAR AVENUE SUITE DItem No. 14
memorandum
TO: City Council
John Godwin, City Manager
Carla Easton, P.E., City Engineer
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A GENERAL RETAIL DISTRICT (GR) TO A
GENERAL RETAIL DISTRICT WITH A SPECIFIC USE PERMIT (SUP) FOR A
TATTOO SHOP LOCATED AT 4225 LAMAR AVENUE, SUITE D.
DATE: March 8, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Derek
Hubbard on behalf of Phan T. Nguygen for a change in zoning from a General Retail District
(GR) to a General Retail District with a Specific Use Permit (SUP) for a Tattoo Shop on the City
of Paris Block 315, Lot 13, being located at 4225 Lamar Avenue, Suite D, and comprising 1.745
acres. At the March 7, 2016 Planning and Zoning Commission meeting, the commission
unanimously recommended approval of this zoning request, conditioned upon adherence to
Chapter 146 of the Texas Health and Safety Code. No persons commented regarding this
request, and no persons spoke either in favor of or in opposition to this zoning change.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: This property fronts on Lamar Avenue, but is set back somewhat from
that thoroughfare. The subject property comprises 1.745 acres and contains no flood plain area.
There is a subject building which includes several business suites, and the applicant is requesting
that Suite D be approved for a tattoo shop. The site includes some vegetative cover, parking, and
some green area, as well as partially vacant space. Areas to the immediate northwest have
existing single— family uses, and northeast have vacant land with some tree cover. The area
immediately adjacent and west of the subject property includes commercial office uses. To the
west across NE 42nd Street, but north of Lamar, are existing duplex residential uses. South of
this site, on the south side of Lamar is a car wash business; southwest on Lamar are commercial
uses, and southeast on Lamar is vacant land. Property directly east of the subject property is
vacant.
(B) Existing Zoning of the Subject Properties: The subject property is currently zoned General
Retail District (GR).
(C) Proposed Land Use for the Subject Property The applicant is proposing to develop the
subject property for a tattoo shop.
(D) Proposed Zoning of the Subject Property: (I) The proposed zoning is to change from the
General Retail District to a General Retail District with a Specific Use Permit (SUP) for a tattoo
shop. (11) Through Resolution No. 2015 -031, approved by the city council on July 13, 2015, a
tattoo shop and body piercing shop use is to be permissible in Commercial (C), Light Industrial
(LI) and Heavy Industrial (HI) Zoning Districts; and said use in the General Retail (GR), Central
Area (CA) and the Planned Development (PD) Zoning Districts allowed with a Specific Use
Permit (SUP). (111) Section 12 -101 of the Zoning Ordinance regarding Specific Use Permits
indicates that the Planning and Zoning Commission or the City Council "... on any request for a
Specific Use Permit may require from the applicant plans, information, operating data and expert
evaluation concerning the location, functions and characteristics of any building or use
proposed." Also, "The City Council may... establish conditions of operation, location,
arrangement, and consultation of any use for which a permit is authorized." Further, "... 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, odor,... or other undesirable or hazardous condition."
(E) The Major Thoroughfare Plan (MTP) within the Comprehensive Plan: The MTP indicates
that at this project 42"d Street N.E. is designated as a Collector Roadway. The MTP at this site
designates Lamar Avenue as an Arterial Roadway. Lamar Ave. is a TXDOT thoroughfare and
TXDOT owns this right —of —way (ROW). Neither TXDOT or the City of Paris requires
additional ROW from the Lamar Avenue frontage at this subject property.
(F) The Parks, Recreation, and Open Space Master Plan: The maps in this plan that depict the
Existing Parks and Open Space, the Trail and Sidewalk Map, and the Future Parks and Open
Spaces are not impacted by this rezoning request.
(G) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use
Plan recommendations bisect this subject property: Approximately the southern half is
recommended for Retail (R) land use, and approximately the northern half is recommended for
Low Density Residential (LDR), which is a single — family use. Since this property is currently all
zoned General Retail, it is not inappropriate to consider a SUP for said property.
(H) Additional Considerations Regarding the Staff Recommendation: (I) The city engineer,
director of public works, and fire marshal have stated that they do not have issues with this
rezoning request.
(II) The Texas Local Government Code (TLGC, 2016 edition) does not address tattoo parlors.
However, licenses, registration, and regulations regarding tattoo and certain body piercing
establishments are addressed in the Texas Health and Safety Code, Chapter 146. As part of the
SUP procedure regarding this zoning request, the staff is recommending as a condition that all of
said Chapter 146 become part of the approval requirement for this proposed tattoo use. Beyond
that, the city planning staff does not have issues with this request; there is apparently a market
for this use within Paris and the surrounding region. Again, that use will add to the tax base and
employment opportunity, relatively small as it may be.
RECOMMENDATION: Approve a change in zoning from a General Retail District (GR) to a
General Retail District with a Specific Use Permit (SUP) for a Tattoo Shop, on the City of Paris
Block 315, Lot 13, being located at 4225 Lamar Avenue, Suite D, conditioned upon adherence to
the requirements of the Texas Health And Safety Code, Chapter 146: Tattoo and Certain Body
Piercing Studios.
DRAFT
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 LOT 13, CITY
BLOCK 315, BEING LOCATED AT 4225 LAMAR AVENUE, SUITE D, 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 FOR A TATTOO SHOP TO THE EXISTING PROPERTY;
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 Lot 13, City Block 315,
being located at 4225 Lamar Avenue, Suite D, 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 for a Tattoo Shop; and
WHEREAS, on March 7, 2016, 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 March 14, 2016, 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 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 Lot 13, City Block 315, being located at 4225 Lamar Avenue, Suite D, 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 for a Tattoo Shop, with the following condition: There
shall be adherence to the requirements of the Texas Health and Safety Code, Chapter 146:
Tattoo and Certain Body Piercing Studios.
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.
PASSED AND ADOPTED on by the City Council of the City of Paris, in regular
session on this the 14th day of March, 2016.
A.J. Hashmi, M.D.,Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie Harris, Interim City Attorney