4 July 8, 2015 Public Hearing

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1 4 July 8, 2015 Public Hearing APPLICANT: STUDIO EVOLVE, LLC PROPERTY OWNER: MT. TRASHMORE OFFICE, LC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit approved by the City Council on May 11, 2010 for a tattoo parlor ADDRESS / DESCRIPTION: 512 South Independence Boulevard GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: 1.23 acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Use Permit was granted on May 11, 2010, allowing the 1,500 square foot tattoo studio. The Conditional Use Permit has four conditions. The full list of the conditions is provided at the end of this report. Section of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the Conditional Use Permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. Details The applicant is requesting to modify the existing Conditional Use Permit in order to expand into and occupy the entire 3,500 square foot building. The building is located in a small office complex consisting Page 1

2 of five buildings. Tattoo services will continue to be offered by appointment only and the expansion will provide space for up to 16 artists. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office complex SURROUNDING LAND USE AND ZONING: North: Mount Trashmore Park / P-1 Preservation District South: South Independence Boulevard Office uses and mixed retail / B-2 Community Business District East: Office uses / B-2 Community Business District West: Mount Trashmore Park / P-1 Preservation District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural features. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Means to achieve these goals may include: all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings; new site layouts and buildings be of high quality and attractive design; plans reflect enhanced mobility and connectivity; designs incorporate environmental responsibility; and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2.). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in the vicinity of this application is considered a six-lane divided major urban arterial. The MTP proposes a divided facility with bikeway within a 155-foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a Level Of Service F. TRAFFIC: Street Name South Independence Boulevard Present Volume 78,520 ADT 1 Present Capacity Generated Traffic Existing Land Use ,300 ADT 1 (LOS 4 C ) ADT 48,200 ADT 1 (LOS 4 E ) Proposed Land Use ADT 1 Average Daily Trips 2 as defined by 1,500 square feet occupied by a tattoo studio 3 as defined by 3,500 square feet occupied by a tattoo studio Page 2

3 4 LOS = Level of Service Traffic Engineering does not have empirical data available for a tattoo studio s trip generation; however, based on the number of tattoo & body piercing artists, and on the assumption that each customer will be onsite for approximately one hour, Traffic Engineering estimates that the site will generate approximately 120 trips per day. Accordingly, the proposed use should have no significant impact on South Independence Boulevard or on the City s transportation network. WATER & SEWER: This site is already connected to City water and sewer. HEALTH DEPARTMENT: The owner of the expanded portion of the tattoo studio must secure a permit from the Health Department prior to beginning operation. EVALUATION AND RECOMMENDATION Chapter 23 of the City Code establishes standards for tattoo studios in regards to disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. As was the case in 2010, the applicant must meet all Zoning Ordinance, Building Code, and Health Department regulations. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet away from any other tattoo or body piercing establishment, or from any Residential or Apartment District, or school. The unit where the studio is located over 800 feet from the closest residential zoning district. There is ample parking on the site for patrons and employees of the office complex and the tattoo studio. The proposed expansion is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area regarding reinforcing commercial uses and is, in Staff s opinion, compatible with the surrounding area. As such, Staff recommends approval of this modification, as conditioned below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 11, 2010 are deleted and are replaced with the conditions listed below. 2. The tattoo studio shall adhere to all applicable provisions of Chapter 23 of the City Code. 3. A Certificate of Occupancy shall not be issued until all applicable requirements of the Health Department are met. 4. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed Page 3

4 on any wall area of the exterior of the building, windows, or doors. 5. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 6. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mount Trashmore Park. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 Conditions of May 11, 2010 Conditional Use Permit 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows, or doors. 3. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mt. Trashmore Park. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT Page 5

6 AERIAL OF SITE LOCATION Page 6

7 SITE SURVEY SHOWING LOCATION OF BUIDLING Page 7

8 PROPOSED FLOOR PLAN Page 8

9 CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance # DATE REQUEST ACTION 1 09/11/ /25/1998 CUP (School) REZ (B-2 Business to O-1 Office) CUP (Senior Housing) 2 11/26/2013 CUP (Auto Service Station & Car Wash) 08/10/2010 CUP (Auto Repair Garage) 3 05/11/2010 CUP (Tattoo Parlor) 4 06/09/2009 MOD of Proffers 09/22/1998 REZ (P-1 Preservation & B-2 Business to Conditional I-1) 5 11/08/1994 CUP (Auto Service Station) 10/29/1991 CUP (Fuel Sales) Denied 02/13/1989 CUP (Fuel Sales) Denied 07/06/1987 CUP (Auto Service Station) ZONING HISTORY Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14

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