2 December 9, 2015 Public Hearing
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1 2 December 9, 2015 Public Hearing APPLICANT: PROPERTY OWNER: MAGNATE PROP, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Vocational School & Tattoo Parlor) ADDRESS / DESCRIPTION: 3824 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 26,500 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a vocational school for permanent make up to teach up to five students. According to the application, the school will teach entry-level permanent cosmetic tattoo techniques in preparation for the exam with the State Licensing Board of Cosmetology. In addition to manikins, the students will also tattoo on human skin; therefore, a Conditional Use Permit for a tattoo parlor is also required. The school will occupy a unit within an existing building off of Virginia Beach Boulevard, with classes typically on Tuesdays through Friday with hours of 10:00 a.m. to 8:00 p.m. No exterior improvements or alterations to the building are proposed. EXISTING LAND USE: Office & retail uses LAND USE AND COMPREHENSIVE PLAN Page 1
2 SURROUNDING LAND USE AND ZONING: North: Office uses / O-2 Office District South: Virginia Beach Boulevard East: Office uses / O-2 Office District West: Office uses / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The property is located within the Chesapeake Bay watershed. As the site is fully developed with a building and parking lot, there are no known cultural or environmentally significant features on the property. COMPREHENSIVE PLAN: Rosemont SGA Master Plan identifies the subject property to be within the Lynn Shores Redevelopment Area, which calls for single use retail buildings with parking at the rear of the lot as properties on the corner of Lynn Shores Drive and Virginia Beach Boulevard redevelop. The Rosemont SGA Master Plan was adopted by reference in the Comprehensive Plan on September 13, Generally, the Plan envisions under-utilized, under-performing commercial properties to transform into a series of mixed use and residential development opportunities along with public infrastructure improvements (p.13). Maximum recommended building height for this site is two stories (p. 36). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is an eight-lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled in the vicinity of this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 56,894 ADT 1 56,2400 ADT 1 (LOS 4 D ) Existing Land Use ADT Proposed Land Use ADT 1 Average Daily Trips 2 as defined by typical B-2 use for entire site 3 No change expected; 15 trips based on 5 students proposed 4 LOS = Level of Service WATER & SEWER: This site is currently connected to City water and sewer. Page 2
3 EVALUATION AND RECOMMENDATION In Staff s view, the request for Conditional Use Permits for a vocational school and a tattoo parlor are consistent with the land use policies for the Rosemont SGA. These uses are not anticipated to have any negative impacts on other commercial tenants in the building or on adjacent properties. The hours of operation and limited class size will eliminate any potential parking conflicts with the other tenants in the building. 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. As noted above, in addition to manikins, the students will also apply permanent cosmetic tattoos on human skin, necessitating a Conditional Use Permit for a tattoo parlor. The proposed vocational school is approximately 360 feet from the closest residentially zoned properties to the east; however, it should be noted that there is a proposed amendment that would eliminate this requirement, should it be approved by the City Council. Subject to approval of the Zoning Ordinance amendment regarding tattoo establishment setbacks, Staff recommends approval for both requests. In the event that the amendment is not approved, Staff still recommends approval of the vocational school, as it can operate without the tattoo parlor Conditional Use Permit. CONDITIONS 1. A Certificate of Occupancy shall be obtained prior to the operation of the vocational school. 2. A business license for the tattoo parlor 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. 3. The actual tattoo or permanent make up application shall not be visible from the exterior of the establishment or from any waiting and sales area within the establishment. 4. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents. 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 EXISTING SITE LAYOUT Page 5
6 SITE PHOTO Page 6
7 1 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 05/13/2014 CUP (Assembly Use) Approved ZONING HISTORY Page 7
8 DISCLOSURE STATEMENT Page 8
9 DISCLOSURE STATEMENT Page 9
10 DISCLOSURE STATEMENT Page 10
11 DISCLOSURE STATEMENT Page 11
12
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