Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE AMENDING THE CITY OF PFLUGERVILLE CODE OF ORDINANCES TITLE XV LAND USAGE, CHAPTER 157 UNIFIED DEVELOPMENT CODE AMENDING SUBCHAPTER 5 ESTABLISHMENT OF OVERLAYS AND SPECIAL DISTRICTS, SECTION A. CENTRAL BUSINESS DISTRICT (CBD), SUBSECTION 3, AND AMENDING SUBCHAPTER 4 ESTABLISHMENTS OF DISTRICTS AND BOUNDARIES, SECTION B. OFFICE, RETAIL AND COMMERCIAL ZONING DISTRICTS, SUBSECTION 3, PROVISION 12, TO ALLOW FOR A BODY ART STUDIO BY SPECIFIC USE PERMIT; REPLACING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE.
Summary
The applicant, Mr. Ryan Dodson, owner of Freedom Machine Tattoo Co., has requested a text amendment to allow for a body art studio land use in the Central Business District (CBD). This use is currently not permitted in the CBD overlay district. Staff conducted a review of other communities’ ordinances regarding body art studios in their downtown areas. Negative perceptions and potential secondary impacts associated with seemingly contentious uses have led to a range of location regulatory responses. Body art studios may fall into this category. In Central Texas, the majority of cities in the area permit body art studios by right as summarized in the attached staff report.
Prior City Council Action
The City Council conducted a public hearing and approved on first reading on November 9, 2010.
Deadline for City Council Action
The City Council is required to take action on the ordinance within 60 days of the public hearing or it is deemed denied.
Staff Recommendation
The Planning and Zoning Commission conducted a public hearing on November 1, 2010, to which no public comment was made. The Commission with a 4-2 vote recommended approval of the text amendment to allow for a Body Art Studio in the Central Business District by Specific Use Permit (SUP) and amend the general land use condition to include "except as otherwise permitted by Specific Use Permit."
Drafter
Trey Fletcher, Managing Director of Operations
Attachment
1. Staff Report
2. Ordinance
Version
1. Planning and Zoning Commission November 1, 2010
2. City Council November 9, 2010
3. City Council November 23, 2010.