Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS; AMENDING ORDINANCE NO. 1015-09-09-08 OF THE CITY OF PFLUGERVILLE, TEXAS, AS AMENDED, BY APPROVING A SPECIFIC USE PERMIT FOR A BODY ART STUDIO IN THE CENTRAL BUSINESS DISTRICT ON LOT 18 BLOCK 1 OF THE PFLUGERVILLE SUBDIVISION, LOCALLY ADDRESSED AS 117 E. MAIN ST; TO BE KNOWN AS THE FREEDOM MACHINE TATTOO SPECIFIC USE PERMIT (SUP1210-01), AND PROVIDING AN EFFECTIVE DATE.
Summary
Freedom Machine Tattoo is an existing Body Art Studio operating in a portion of the multi-tenant building at 101 E. Pecan St. Due to the success at the current site, the applicant is proposing to relocate to 117 E. Main Street, the previous Old Prague Market site at the southwest corner of Railroad Ave. and Main St. The proposed location is the first floor of the building and encompasses approximately 935 square feet of space. Although operational characteristics for the Body Art Studio remain unchanged, the proposed Specific Use Permit (SUP) is necessary to address the relocation. Recognizing the existing SUP would remain in effect at 101 E. Pecan St. if the proposed request is approved, the applicant has also requested the existing entitlement at that location be removed as a condition of approval. As noted in the staff report, letters of notification, signage at the site and a public notice were used to advertise the application for the SUP. One letter of support was received.
Staff Recommendation
The surrounding service commercial uses are consistent and harmonious with the proposed land use and existing zoning. If the Specific Use Permit is approved, it will enable a small Pflugerville business an opportunity to grow and continue to be successful in Old Town. There are no other body art studios within the city limits at this time and removing the existing entitlement as a condition of approval will require public review if a future body art studio is proposed. No major modifications are proposed to the existing structure or site, no noise will be generated through the use, adequate parking for the proposed use is provided along Main St, and additional traffic is anticipated to be minimal. As proposed, the body art studio may continue to achieve many of the desired values and characteristics as identified in the Vision Report for Old Town. Based on review of these conditions, staff recommends approval of the Specific Use Permit request for a Body Art Studio at 117 E. Main St. with the condition that the existing Specific Use Permit be removed from 101 E. Pecan St.
Planning and Zoning Commission Recommendation
On December 3, 2012, the Planning and Zoning Commission conducted a public hearing and unanimously recommended approval for the SUP at 117 E. Main St. with the condition that the existing SUP be removed from 101 E. Pecan St.
Prior City Council Action
The City Council approved a text amendment in November 2010 to allow a Body Art Studio to be considered through an SUP in the Central Business District. Following the text amendment, the Freedom Machine Tattoo Specific Use Permit was approved through Ordinance No. 1068-11-02-08 to allow the existing Body Art Studio at 101 E. Pecan St. On December 11, 2012, the City Council conducted a public hearing and approved first reading of the ordinance to approve a Body Art Studio at 117 E. Main St with the condition that the existing Specific Use Permit at 101 E. Pecan St be rescinded. Following the aforementioned approval, the City Council conducted a separate public hearing and approved on first reading an ordinance to rescind the existing Specific Use Permit at 101 E. Pecan St, approved through Ordinance No. 1068-11-02-08 with an effective date of March 1, 2013.
Deadline for City Council Action
The City Council shall take action on the proposed Specific Use Permit within 60 days of the public hearing.
Projected Future City Council Action
None.
Drafter
Trey Fletcher, AICP
Assistant City Manager