HomeMy WebLinkAboutOrdinance No. 2015-2134ORDINANCE NO. 2015 -
SPECIFICUSE, PERMIT
TATTOO USE for Allegiance Tattoo
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WHEREAS, an ordinance of the City of The Colony, Texas ("City"), Ordinance No.
2013-19,98, was enacted on March 19, 2013., granting a, specific use pen -nit to G. .T. GRAF-X
Tattoo, under Specific'ase Permit No., SUP 13-0001.,, allowing tattooing uses at, the G. .T. GRA -
X Tattoo business located at 471.6 East Lake Highlands Dave, Suite 101, The Colony, "rexas; a d
WHERSAS, G.U.T. Gl,-X Tattoo has changed business names to "All egianceTattoo,"
and desires to re -locate its tattooing business t "16 East Lake Highlands Drive, Suite 11 'The
Colony, Texas-, and,
WHEREAS, the zoning ardinance of the City provides that, cei-tain uses, because of their
nature and location, are required to obtain a specific use permit by amending the City's zoning
ordinance to grant a permit for a specific, use in a specific location; and
WHEREAS, Allegiance Tattoo has applied for a specific. use peri,-iit to obtain appro�,,7al to
operate its tattoo�ing business at, 4716 East Lake Highlands Drive, Suite 11 , The Colony, Texas;
and
WHEREAS, the location desired in the specific tise permit application, submitted by
Allegiance Tattoo is in a shopping center (SC) zoning district, located more than 1,000 feet from
any school and/or another tatting facility, andthe City's zoning ordinance provides that, tattooing
uses are allowed in suchlocations upon approval of a specific use permi t; and,
WHEREAS, the Planning and Zoning Commission. of the City of The Colon, 7 Texas (the
"Conu,nission"), and the City COLin.cil of the City ofThe Colony, Texas (the "City")., in compliance
Ith the, laws of the State of Texas., and the Code of Ordinances of the City of The Colony, Texas,
have givei.i, an)- and all requisite notices and have held due public hearings and afforded a full. and,
fair hearing to all proper-ty owners g �nerally and to all persons interested in. this matler; and
WHEREAS, the Commission has recommended approval of a specific use permit to
Allegiance Tatt'16 East Lake Highlands, Dri:el, Suite 110, The Colony, Texas, nding that
s I is conap i, - "th adjacent property uses and is consistent 1A-ith the character of
uc,h specific use '* at*ble vNi
the hborhood; and
WHEREAS,, the Commission and the City Council desire -to revoke Ordinance No. 201,3-
19981, Specific Use Permit -, Tattoo Use for G. .T GRAF-X Tattoo, located at 4716 East Lake
Highlands Drive, Suite 1. 0 1, The Colony, Texas; and
WHEIZEAS, the City Council is oftine opinionand,finds that Ordinante No. 2013-1998,
Specific Use Pennit No. 13-0001--.- Tattoo Use for GJJJ, GRAFX Tattoo, located at 4716 East
Lake I-lighlands Drive, Suite 101, The Colon3,;,, Texas, should be revoked, and that Specific Use
Permit No. SUP 15-0004, allowing tattooing uses at "Allegiance Tattoo," located at 4,716 East Lake
Highlands Drive,, Suite I 10, The Colony, Texas, should be approved.
NOW, THEREFORE, BE IT ORDAINED RY THE CITY COUNCMTHE
CITY OFTHE COLONY, TEXAS, THAT. -
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2., The Citi Council hereby revokes Ordinance No. 201,_3-1998,, Specific Use
Permit No. 1.3 )-000 1, - Tattoo Use t"or G,UT GRAF-X Tattoo, located at 4716 East Lake Highlands
Drive, Suite 10 1, The Colony, Texas.
SECTION 3. The City Council does hereby find that 'the specific, use requested by
Allegiance Tattoo, to locate its tattooing business and perf.brm tattooing uses at 16 East Lake
Highlands Driv-e, SUite 110, The Colony, Texas, is compatible with adjacent property uses and is
consistent with the character of the neighborhood.
SECTIO1 . The City Council hereby approves Specific 'Use Permit'No. SUP150004,
to allow tattooing uses at "Allegiance Tattoo," located at 71. fast Lake Highlands Drina, Suite
1. 't -00 am . and
110 Fhe Colon�,, 'Texas, providing the hours of operation. are limited to between .
9.,
10:00 P.M.
SEC'riON 5. It is hereby declared to be the intention of the City Council that the
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phrases, cl,au-ses,, sentences., paragraphs and sections of this Ordinance are severable, aian
phr�ase, clause,, sentence, paragraph or section of this Ordinance shill be declared
unconstitutional by the valid judgment or decree of any court ofcomp�etent jurisd'ction, such,
unconstitutionality shall not affect any f' the remaining phrases, clauses, sentences, paragra.hs
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and sections of this Ordinance, since the same would, have been enacted b,y the City Council
without the incorporation of this Ordinance of any such unconstitutlonal phrase, clause, sente.,nce,
paragraph or section.
SECTION 6. In addition 'to 'the specific revocation of Ordinance No. 2013-1998, any
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ie:are in.
proe 'i.si,on of any prior ordinance of' the City, whether cod.1fi.ed or un�cod'1 f d w hich
conflict with ani� provision of this Ordinance, are hereby repealed to the extent of the conflict,
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but all other provisons of the ordinances of the City, whether codified or uncodified, which are
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not in conflict with the prov�isions of this Ordinance, stiall, remaffct.
in. in fullforce and e
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SECTION 7. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guifty of'a misdemeanor and, upon con-viction. i,n the rnu1pal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand, Dollars ($2,000.00) for each offense. Every day a violation. occurs shall constitute a
separate ot-Tense.
SECTION 8. This Ordinance shall become effectIve Imn-tediately upon its passage and
publication in accordance with state law.
DUI.,Y PASSED AND APPROVED by the C,it3,!, Council ofthe City of The Colovly'
Texas, this the 21 st day of April, 2015.
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J, 1� McCOVRRY,, MAYOR
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