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HomeMy WebLinkAbout08/23/2011 P&Z MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION AUGUST 23, 2011 After determining that a quorum was present, the Planning and Zoning Commission of the City of The Colony, Texas convened into regular session which was held on Tuesday, August 23, 2011 at 6:30pm in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Brian Wade, Chairman; Eddie McCormick, Vice Chairman; Karen Harries; Richard Bambury, Cesar Molina, Jr. and Shannon Hebb. Board Member Absent: Debbie Morrison. Staff Present: Brooks Wilson, AICP, Senior Planner; Gordon Scruggs, Director of Engineering; James Schnurr, City Attorney and Felicia Koppang, Development Services Coordinator. 1.0 CALL REGULAR SESSION TO ORDER Chairman Wade called the meeting to order at 6:30 PM. 1.2 Citizen Input No citizen input was received. 2.0 CONSENT AGENDA 2.1 Consider approval of the minutes of the August 9, 2011 Regular Session. 2.2 (RP11-0002 Balmerino at Tribute, Phase 1, Block 16R, Lot D) Consider approval of a minor plat of Lot 16, Block D of the Balmerino at Tribute, Phase 1 Addition and a portion of a previously unplatted tract of land in the Samuel Payton Survey, Abstract No. 1009 into one (1) lot, Lot 16R, Block D of the Bahmerino at Tribute, Phase 1 Addition, being a 0.88 acre tract of land, located at the southeast corner of Kingsbarns and Balmerino Lane. It was moved by Commissioner Haines to approve Items 2.1 and 2.2, seconded by Chairman Wade. Motion carried (4-0-1). Commissioner McCormick abstained. 3.0 PUBLIC HEARINGS 3.1 (SH 1-0018, Tattoo Parlor Use) Conduct a public hearing, discuss and consider making a recommendation to City Council regarding amendments to Section 10-100, Schedule of Uses by District, and Section 10-300, Definitions and Explanations Applicable to the Use Schedule, of Appendix A, Zoning Ordinance. Mrs. Wilson presented the staff report. Chairman Wade opened the Public Hearing. Minutes of the Planning and Zoning Commission August 23, 2011 Page 2 of 4 Jason Euler, 1604 Delaford Road, Carrollton, Texas stated that he wished to open a custom tattoo studio at the northeast corner of Main Street and Memorial and offered to answer any questions that the Commissioners might have. Vice Chairman McCormick asked about hours of operation. Mr. Euler stated that the hours would be from 12:00 to 9:00 p.m. Vice Chairman McCormick asked if there were any plans to expand the hours in the future. Mr. Euler answered no, that he wants to weed out certain clientele that tend to frequent tattoo parlors late at night. He wants to change the derogatory stigma that some tattoo shops have. Vice Chairman McCormick asked if Mr. Euler had another shop. Mr. Euler answered no, that he currently works at Saints & Sinners in Carrollton. He added that his portfolio of work could be seen on Facebook and that many of his current clients are from The Colony. Vice Chairman McCormick said that he saw Mr. Euler shake his head when staff mentioned home tattoo operations. Mr. Euler said that a friend who owns a business in The Colony has told him that tattooing was occurring in private homes in The Colony. Mr. Euler wants to provide a healthy and safe environment. Commissioner Bambury referred to the part of the staff report that stated that the City could be open to possible litigation by not allowing this type of use. He asked for clarification on this point. Mr. Schnurr said that he wanted the Commissioners to be clear that this case is not about this specific applicant requesting approval for a specific store - it is a code amendment that would apply citywide. Although the staff initiated case was prompted by this request, the decision should be "Do we want this use in the City?" and not based on this specific applicant. Mr. Schnurr went on to say that the Planning & Zoning Commission has full control over the recommendation to be made to City Council on whether or not to allow tattoo parlors, to limit which zoning districts they may be located, and to place any restrictions on that use. Commissioner Bambury asked staff how many requests had been made in the past year. Mrs. Wilson answered approximately a half dozen. Commissioner Bambury noted that the proposed site is very close to the proposed 1,000 feet buffer. Mrs. Wilson said that although it is difficult to see at the map's level of detail, the applicant's proposed location would be in an allowed location, if the staffs recommendation is passed. However, if the ordinance passed and was adopted, the applicant would have to apply for a Minutes of the Planning and Zoning Commission August 23, 2011 Page 3 of 4 Specific Use Permit (SUP) for his specific business. It is a two-step process: first, the ordinance needs to be changed; and second, individuals would have to apply to do business in a certain location. Commissioner Hebb asked how piercing services fit into this definition. Mr. Euler answered that he is not proposing any piercing services in his business. Commissioner Hebb asked if the Commission should consider the body piercing aspect. Mr. Schnurr answered yes, that the Commission should address this with this ordinance change. Mrs. Wilson added that there could be separate regulations written for each type of use and that the Commission could determine the sets of restrictions that would apply to each. Vice Chairman McCormick stated that he had studied the staff report and conducted some research with police officers. The police officers he spoke with stated that they would prefer to see tattoo practiced in a regulated setting rather than in a home situation. Commissioner Haines asked Mr. Euler, as the expert, to define the difference between tattoo parlors, body art and custom tattooing. Mr. Euler said that body art studios are those operations that include piercing. Tattoo parlors are similar to any assembly line product service, like McDonalds, using stock designs. These shops tend to be located in lower class sections of towns, have late hours and attract customers who want a cheaper product. A custom tattoo studio has artists that create unique tattoo designs for each customer. They charge $150 per hour or more, depending on the level of skill of the artist, and tend to create a loyal clientele. Commissioner Hames stated that wording the ordinance to include "custom tattoo studio" rather than "tattoo parlor" would eliminate the problem that the police chief is worried about. Commissioner McCormick said that hours of operation would also play a big part. Most tattoo parlors are open until 2:00 in the morning. When he saw that this proposal's hours of operation ended at 9:00 p.m., he felt that Chief Clark would appreciate that. Commissioner Hebb asked staff to verify that Mr. Euler's proposed location is, in fact, outside the proposed buffer area. He added that the Commission needs to decide how to address this issue and may need further study. Chairman Wade stated that the Commission can table the item and continue the public hearing for two weeks or four weeks so that they can review and digest all the information. Mrs. Wilson added that staff can obtain the additional information discussed at the meeting. Mr. Schnurr added that if the Commissioners have issues that they would like additional research on, they should voice them now so that they will be on the public record. Minutes of the Planning and Zoning Commission August 23, 2011 Page 4 of 4 Commissioner Molina stated that this is a legitimate business and the City needs to consider allowing legitimate businesses. He went on to add that he is cognizant of police department concerns. He suggested that limiting the hours of operation, possibly to midnight, might meet law enforcement approval. He went on to say that he is comfortable with the buffer zones suggested by staff, although he questioned whether or not it was necessary to buffer from hospitals. Commissioner Molina also stated that he would like more information, but supported the overall concept. However, if the restrictions of the buffers create a situation in which there are virtually no viable locations, then the ordinance would be too restrictive. He added that that type of ordinance could be challenged. Mrs. Wilson agreed with Commissioner Molina. She stated that in a phone conversation with a planner from the City of Plano she learned that while tattoo uses were allowed by ordinance in certain zoning districts by SUP, no SUPs had been granted for this use. In practicality, the use is prohibited. Commissioner Molina stated that the Commission should be "up front" with their decision. If the Commission is going to allow tattoo parlors, then we should have legitimate choices of location for these businesses and not simply pay "lip service" to the idea. Sheri Ailing stated that she runs a beauty salon in The Colony and wants to add tattoo and piercing services. She said that this is a big fad right now and that she would like to be able to provide these services to her clientele. It was moved by Chairman Wade to Continue the Public Hearing and Table Item 3.1, seconded by Commissioner Molina. Motion carried (6-0). There being no further questions or discussion, Chairman Wade adjourned the meeting at 7:00 p.m. r Brian *Kop °elici °ng Secretary