12 October 14, 2015 Public Hearing

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1 12 October 14, 2015 Public Hearing APPLICANT: SECOND SHOT, LLC PROPERTY OWNER: ALBERT VINCIGUERRA STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Tattoo Parlor) ADDRESS / DESCRIPTION: 5759 Princess Anne Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 0.24 acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background / Details: The subject site, previously containing an antique shop, has fallen into a state of disrepair. City records indicate that the 1,600 square foot building on the site was constructed in The applicant intends to renovate the existing building and use the space to operate a tattoo parlor. The first floor of the building will accommodate a reception and sales area, bathroom, and six tattoo booths. The second floor will accommodate one tattoo booth and a private office space. Minimal changes are proposed to the exterior of the building, however; the applicant proposes to move the entryway and has indicated that they will paint and renovate the façades. It should be noted that the sign depicted on the building elevation does not meet the requirements of the Zoning Ordinance. A separate permit will need to be obtained from the Zoning Office and any signage added to the building or site will need to meet all applicable requirements. The subject site is unique in that the rear of the building faces the right-of-way that has been dedicated to the proposed light-rail extension. In an effort to enhance the aesthetic quality of the rear of the property, Page 1

2 the applicant has agreed to repair the existing shed, remove the existing storage container, and install Category I landscape material along the property line adjacent to Southern Boulevard. The proposed tattoo parlor will consist of six employees including tattoo artists, counter staff and management. Tattoos are by appointment only, and a customer will go through a counseling session prior to receiving services. Additionally, customers will be given extensive after care instructions and healing guidelines. The proposed hours of operation will be from 10:00 a.m. to 10:00 p.m., seven days a week. Tattoo services will only be provided to adults 18 years of age or older, regardless of parental authorization or attendance. EXISTING LAND USE: Vacant building LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Princess Anne Road Mixed commercial uses / B-2 Community Business District South: Southern Boulevard (proposed Light Rail Corridor) Office warehouse / I-1 Industrial District East: Princess Anne Road West: Mixed commercial / I-1 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The site is almost entirely developed with a building and associated paved parking area. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant cultural or environmental features associated with the site. COMPREHENSIVE PLAN: This property is located in the Newtown Strategic Growth Area (SGA) as identified by the 2009 Comprehensive Plan and the Newtown SGA Master Plan (adopted on July 6, 2010). In the long term, the Newtown SGA Plan envisions shifting the Newtown light rail station from its current location in Norfolk to approximately 2,000 feet east into Virginia Beach where more compatible transitoriented development can occur (p. 25). The triangular land area bordered by Newtown Road, Princess Anne Road and the former Norfolk Southern right-of-way is planned as a gateway park largely due to constrained vehicular access opportunities for these parcels (p. 14). The SGA Plan proposes retaining the subject site s building, presumably for park-related offices or services (p. 16, p. 41). Hampton Roads Transit s 30 percent plans for the light-rail extension and multi-purpose path do not impact the subject site, however; the stop bar for the gate on Princess Anne Road will be immediately Page 2

3 south of the southernmost ingress/egress from the property. This will cause a light delay in exiting the property when the gate is down. Long-term plans to improve Princess Anne Road may require additional right-of-way from the subject site to achieve the ultimate 105-foot width (p. 19). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road, in the vicinity of this site, is a four-lane divided minor arterial roadway. Princess Anne Road is a variable width right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no CIP projects schedules for the segment of Princess Anne Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 27,393 ADT 1 14,800 ADT 1 (LOS 4 C ) 22,800 ADT 1 (LOS 4 D ) 27,400 ADT 1 (LOS 4 E ) Existing Land Use 2 71 ADT Proposed Land Use 3 60 ADT 1 Average Daily Trips 2 as defined by a 1,600 square foot specialty retailer 3 as defined by a 1,000 square foot tattoo parlor 4 LOS = Level of Service WATER: This site is currently connected to City water. There is a 10-inch City water main and a 48-inch City water transmission main along Princess Anne Road. The existing 5/8-inch meter (City ID # ) may be used or upgraded to accommodate the proposed development. SEWER: This site is currently connected to City sewer. There is an existing 12-inch City sanitary sewer gravity main and a 24-inch HRSD force main along Princess Anne Road. Analysis of the receiving sewer system may be required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for a tattoo parlor is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area, and is acceptable as an interim use on the subject site until the long-term vision of the Newtown SGA is realized. The Newtown SGA Plan identifies the existing building on the site to remain and be used to service a surrounding park area. The proposed improvements to the interior and exterior of the building, in Staff s opinion, encourage retention of the Page 3

4 building until such time market forces allow for redevelopment of the site in line with the vision of the SGA Plan. The two right-in/right-out access points along Princess Anne Road will remain. No new median cuts along Princess Anne Road are proposed. The existing parking spaces provided on the site will remain, and do meet the minimum requirements of Section 203 of the Zoning Ordinance. The Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. The proposed location fulfills this requirement, however; it should be noted that there is a proposed amendment (Item 19 on this agenda) that will eliminate this requirement, should it be approved by City Council. Based on the considerations above, Staff recommends approval of this request with the conditions below. 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 tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. Prior to the issuance of a Certificate of Occupancy, the storage container at the rear of the building shall be removed from the property. 5. To the greatest extent possible, Category I landscape material shall be installed along the property line adjacent to Southern Boulevard. Page 4

5 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 5

6 AERIAL OF SITE LOCATION Page 6

7 600-FOOT RADIUS GRAPHIC Page 7

8 PROPOSED SITE LAYOUT Page 8

9 EXISTING BUILDING Page 9

10 PROPOSED BUILDING ELEVATION Page 10

11 FIRST FLOOR LAYOUT Page 11

12 SECOND FLOOR LAYOUT Page 12

13 # DATE REQUEST ACTION 1 02/24/2009 CUP (business and vocational school) Approved 2 04/08/2008 CUP (tattoo parlor) Approved 3 09/10/1997 CRZ (I-1 to Conditional B-2) Approved 4 11/08/1995 CRZ (I-1 to Conditional I-2) Approved ZONING HISTORY Page 13

14 10/05/2015- KK DISCLOSURE STATEMENT Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16

17 DISCLOSURE STATEMENT Page 17

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