From
Monica Espinoza
Title
SU200901 - Specific Use Permit - Beautiful Ink Tattoos (City Council District 5). Specific Use Permit for a Tattoo and Body Piercing Studio. Lot 8, Block 1, Original Town Grand Prairie, City of Grand Prairie, Dallas County, Texas, zoned CA, within Central Business District No. 2, and addressed as 117 E Main St. (On September 14, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 7-2).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU200901 - Specific Use Permit - Beautiful Ink Tattoos (City Council District 5). Specific Use Permit for a Tattoo and Body Piercing Studio. Lot 8, Block 1, Original Town Grand Prairie, City of Grand Prairie, Dallas County, Texas, zoned CA, within Central Business District No. 2, and addressed as 117 E Main St.
PURPOSE OF REQUEST:
The applicant intends to open a Tattoo and Body Piercing Studio at 117 E Main St. A Tattoo and Body Piercing Studio requires a Specific Use Permit. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
CA |
Office, Entertainment (Uptown Theater) |
|
East |
CA |
Restaurant, Retail, Services |
|
South |
CA |
Railroad |
|
West |
CA |
Restaurant, Retail, Services |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant intends to open a Tattoo and Body Piercing Studio in an existing building. The studio will include a front reception area, in which the applicant plans to create a small art gallery, and space for tattoo/piercing stations.
The Unified Development Code (UDC) contains operational conditions for Tattoo and Body Piercing Studios. The applicant will be required to comply with these conditions, which include the following:
• A studio shall operate with a valid license issued by the Texas Department of State Health Services and subject to inspection by the State Department or its affiliates;
• No more than two Tattoo and Body Piercing Studios can operate in the Central Area zoning district;
• The operator in charge of the studio shall complete eight hours of continuing education on the practice and safety regulations; and
• Hours of operation shall not extend beyond midnight.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) in the City of Grand Prairie’s 2018 Comprehensive Plan is intended as an outlook for the future use of land and the character of development in the community. The FLUM designates this area as Mixed Use. Mixed use areas are integrated developments of retail, public, office, entertainment, and residential uses. These areas are intended to provide flexibility and encourage innovative, unique, and sustainable developments. The proposed use is consistent with the FLUM.
The location is within the Downtown Plan study area. The purpose of the plan is to create a unique and identifiable downtown that serves the local residents and community, supports economic vibrancy, and offers destination-oriented uses to create greater regional gravity. The proposed use is consistent with the plan’s purpose.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 7-2.
The Development Review Committee (DRC) recommends approval with the condition that the applicant comply with the operation conditions in the UDC.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A TATTOO AND BODY PIERCING STUDIO IN THE CENTRAL AREA ZONING DISTRICT: BEING LOT 8, BLOCK 1, ORIGINAL TOWN OF GRAND PRAIRIE, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and Map of said city so as to amend the zoning designation of said site to include a Specific Use Permit for a Tattoo and Body Piercing Studio; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 14, 2020, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for a Tattoo and Body Piercing Studio is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 2 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Tattoo and Body Piercing Studio; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on October 13, 2020, to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
passed and approved November 20, 1990, as amended, is hereby further amended to establish a Specific Use Permit for a Tattoo and Body Piercing Studio on Lot 8, Block 1, Original Town of Grand Prairie, City of Grand Prairie, Dallas County, Texas, as depicted in Exhibit A - Location Map, attached hereto.
SECTION 2. That the purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3. That for operations of a Tattoo and Body Piercing Studio, the following standards and conditions are hereby established as part of this ordinance:
1. The Tattoo and Body Piercing Studio shall comply with Section 14 “Operation of Tattoo and Body Piercing Studio” in Article 11 of the Unified Development Code, as may be amended.
2. The Tattoo and Body Piercing Studio shall operate only with a valid license issued by the Texas Department of State Health Services and subject to inspection by the State Department or its affiliates.
3. The Tattoo and Body Piercing Studio shall be subject to licensure and inspection by the City of Grand Prairie.
4. Hours of operation shall not extend beyond midnight.
5. Annually each permit holder, owner or operator in charge of the studio shall complete eight (8) hours of continuing education on the practice and safety regulations for tattoo and body piercing such as blood-borne pathogens, aseptic techniques, disease control, personal protection, signs of infection and cardio-pulmonary resuscitation (CPR). The permit holder, owner or operator in charge shall complete the required training within twelve (12) months from the date of issuance of the permit. Records of such education and training shall be maintained on site and shall be made available to the City upon request.
SECTION 4. That the operations of a Tattoo and Body Piercing Studio shall comply with the following:
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
3. If the City or State regulatory authority determines that a Studio is in violation of this article or other law, it may notify the studio in writing of the violation and by written order direct the studio to correct the violation within a definite period of time.
4. If the City or State regulatory authority determines that the violation constitutes an imminent and serious threat to the public health or safety, it may order the permit holder to correct the violation immediately or to cease operations to the extent determined necessary to abate the threat until the violation is corrected.
5. In addition to the authority listed above, the City shall be entitled to pursue all other remedies including the issuance of citations for municipal court, initiating procedures to suspend or revoke a Specific Use Permit, or filing a complaint with the Department of State Health Services.
6. The City Attorney may engage in the enforcement of the civil penalty and injunction order of the state law if requested by the Department of State Health Services Commissioner pursuant to Texas Health and Safety Code, Section 146.020, Civil Penalty and Injunction.
7. The City may administratively suspend a Specific Use Permit or license issued under provision of this article if it determines that the owner, operator, or person in charge a Studio has:
a. Been convicted twice within any twelve (12) month period for violation of this article;
b. Failed to comply, within the time specified, with an order to correct or abate an imminent threat to the public health or safety;
c. Intentionally or knowingly provided false information to the City or State regulatory authority or designee during a lawful inspection; or
d. Intentionally or knowingly impeded a lawful inspection by the City or State regulatory authority or designee.
8. The City shall suspend the permit for a definite period of time not to exceed twelve (12) months, or until the violations resulting in said suspension have been corrected or abated.
9. Upon receipt of written notice of suspension issued by the City, the permit holder shall immediately cease operation of the facility for which the permit is suspended until the violations resulting in said suspension have been corrected or abated. The notice of suspension must include:
a. The name of the permit holder;
b. The location or identification of the establishment for which the permit is suspended;
c. The reason for the suspension; and
d. A statement informing the establishment of its right to appeal the suspension.
10. An administrative decision by the City invoking a suspension of a permit is final unless an appeal is filed, in writing, with the Director of Development Services within ten (10) days of the notice of suspension appealing the decision to the Zoning Board of Adjustments and Appeals.
11. The Director of Development Services or designee shall set a time and date for a hearing on the suspension before the Zoning Board of Adjustments and Appeals. The filing of an appeal in accordance with subsection 1 of this section enjoins or stays an action of the City pending a final decision by the Zoning Board.
12. Notwithstanding the previous section, if violations have not been corrected within twelve (12) months of the permit being suspended by the City, or if more than two (2) violations of this article occur within a twelve (12) month period, or if one or more violations occurs in three (3) successive years, the City shall issue the holder of the Specific Use Permit a notice of revocation. Notice shall give a time and date of the next available City Council hearing at which the recommendation for revocation will be heard. The applicant will have opportunity to respond in writing or in person at the hearing.
13. The decision of the City Council to revoke shall be final.
14. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy.
15. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
16. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
17. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated by a court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 6. That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 13th of OCTOBER, 2020.
ordinance no. 10916-2020
specific use permit no. 1095
case no. SU200901