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 RESCINDING AN EXISTING SPECIFIC USE PERMIT APPROVED THROUGH ORDINANCE NO. 1068-11-02-08 FOR A BODY ART STUDIO ON LOTS 10-12, BLOCK A PFLUGERVILLE SUBDIVISION, LOCALLY ADDRESSED AS 101 E. PECAN ST; AS RELATED TO A CONDITION OF APPROVAL FOR THE FREEDOM MACHINE TATTOO SPECIFIC USE PERMIT APPLICATION FOR 117 E. MAIN ST (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. Recognizing the existing Specific Use Permit (SUP) would remain in effect at 101 E. Pecan St if the proposed request is approved, the applicant has also requested the existing entitlement be removed as a condition of approval.
Staff Recommendation
There are no other body art studios within the city limits at this time and removing the existing entitlement at 101 E. Pecan St. will ensure public review if a future body art studio is proposed. As a condition of the Freedom Machine Tattoo Specific Use Permit application to relocate to 117 E. Main St., staff recommends rescinding the existing Specific Use Permit for a Body Art Studio on Lots 10-12, Block A Pflugerville Subdivision, locally addressed as 101 E. Pecan St, approved through Ordinance No. 1068-11-02-08. If the SUP is not approved for Freedom Machine Tattoo at 117 E. Main St, staff recommends retaining the existing Specific Use Permit associated with Ordinance No. 1068-11-02-08.
Planning and Zoning Commission Recommendation
On December 3, 2012, the Planning and Zoning Commission held a public hearing and recommended approval to the City Council for a Specific Use Permit for a Body Art Studio at 117 E. Main St. with the condition that the existing Specific Use Permit established through Ordinance No. 1068-11-02-08 be rescinded. The effective date of the ordinance is March 1, 2013 to allow the applicant sufficient time to obtain a new Certificate of Occupancy at 117 E. Main St. should City Council approve the proposed Specific Use Permit.
Prior City Council Action
The City Council approved the Body Art Studio Specific Use Permit for 101 E. Pecan St. in February 2011 through Ordinance No. 1068-11-02-08. As a separate item on the December 11, 2012 agenda, the City Council conducted a public hearing and approved first reading of an 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 public hearing and approved on first reading the subject ordinance to rescind the existing Specific Use Permit at 101 E. Pecan St, approved through Ordinance No. 1068-11-02-08.
Deadline for City Council Action
The City Council shall take action on the proposed ordinance within 60 days of the public hearing.
Projected Future City Council Action
None.
Drafter
Trey Fletcher, AICP
Assistant City Manager