7 December 12, 2012 Public Hearing APPLICANT:

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1 7 December 12, 2012 Public Hearing APPLICANT: URBAN X-CHANGE II, INC. PROPERTY OWNER: LYNNHAVEN MALL, L.L.C. REQUEST: Conditional Use Permit (Tattoo Studio) STAFF PLANNER: Kristine Gay ADDRESS / DESCRIPTION: 701 Lynnhaven Parkway, Unit K01B GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: Approximately 1,003 square feet AICUZ: APZ I SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a tattoo and body piercing studio situated within an approximately 1,003 square foot unit, on the second floor of the Lynnhaven Mall located at 701 Lynnhaven Parkway. The unit will contain clothing and jewelry retail with the additional services of tattooing and body piercing. The proposed establishment will be open Monday through Saturday from 10:00 a.m. to 9:00 p.m. and from 12:00 p.m. until 5:30 p.m. on Sunday. An area of 300 square feet at the front of the store will be for the display and sale of clothing and jewelry. Tattoo application, body piercing, and permanent make-up will be conducted in private booths behind the sales area and will not be visible from any customers in the retail sales area or any area outside of the establishment. Staff will consist of a store manager, assistant store manager, retail sales associate, six tattoo artists, and two body piercers. 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 Page 1

2 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. EXISTING LAND USE: Lynnhaven Mall, B-2 Community Business District LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Retail shops / B-2 Community Business District South: Retail shops / B-2 Community Business District East: Retail shops / B-2 Community Business District West: Retail shops / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no major natural resources found on this site. The site follows the typical model of a suburban mall. The mall is centrally located and surrounded by surface and structured parking. Along the perimeter, the mall and parking are completely encompassed by Lynnhaven Mall Loop. COMPREHENSIVE PLAN: The site is located in an area referred to as Special Economic Growth Area 2 by the Comprehensive Plan. The plan recommends that the area west of Lynnhaven Parkway be used for corporate office, retail, and other comparable commercial uses that are consistent with AICUZ provisions. There are no direct impacts on City services as a result of the proposed conditional use. CITY SERVICES 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 lease space where the studio will be located meets this requirement. Before the applicant can obtain a business license to operate, the applicant must meet with the Health Department to determine if the unit meets the requirement of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, record keeping, inspections, cleanliness, vaccinations, and permitting. A business license will not be issued until the requirements of the Health Department are met. Staff recommends approval subject to the conditions below. EVALUATION AND RECOMMENDATION Page 2

3 CONDITIONS 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. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the retail sales area within the establishment. 3. The hours of operation shall be 10:00 A.M. to 9:00 P.M. Monday through Saturday and from 12:00 P.M. to 5:30 P.M. on Sunday. 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 3

4 AERIAL OF SITE LOCATION Page 4

5 PROPOSED LOCATION WITHIN MALL Page 5

6 PROPOSED LOCATION ON SECOND FLOOR Page 6

7 ZONING HISTORY # DATE REQUEST ACTION 1 06/23/ /24/1998 Conditional Use Permit (Motor Vehicle Repair) Conditional Use Permit (Recreation Facility) Approved Approved 2 06/23/2009 Conditional Use Permit (Indoor Commercial Recreation Facility) Approved 3 06/26/2012 Conditional Use Permit (Wind Energy System) Approved 4 11/13/2012 Conditional Use Permit (Motor Vehicle Repair) Approved Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9

10 SIGNING AGENT AUTHORIZATION Page 10