13 February 9, 2011 Public Hearing APPLICANT:

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1 13 February 9, 2011 Public Hearing APPLICANT: STAIN STUDIOS, LLC PROPERTY OWNER: MERITAGE- WITCHDUCK, LLC REQUEST: Conditional Use Permit (tattoo studio) STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: 91 S. Witchduck Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: LEASE AREA: 2,111 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a tattoo and body piercing studio in conjunction with an art gallery within an existing center fronting Witchduck Road. The applicant purposes to occupy 2,111 square feet of this center which was constructed in The property has a split zoning of B-2 Community Business and I-1 Industrial. Uses along Witchduck Road are retail and office. The rear of the site consists of office and warehouse uses. The operation will consist of two receptionists, eight tattoo artists and one piercer, Appointments as well as walk-in clients are accepted. The proposed hours of operation will be by 10:00 a.m. to 10:00 p.m., seven days a week. Services are provided to adults 18years of age or older. 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. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Commercially developed site SURROUNDING LAND USE AND ZONING: North: Southern Boulevard right-of-way South: Interstate 264 East: Witchduck Road Service oriented uses / I-1 and I-2 Industrial Districts West: Interstate 264 NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious as it is developed with a structure and parking lot. There are no significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan Map identifies this site as being within the Western Campus District of Strategic Growth Area 4 - Pembroke Area. This district of the Pembroke Strategic Growth Area is generally bound by I-264, Witchduck Road, Virginia Beach Boulevard and Clearfield Avenue. The vision for this district is a mid to low-rise academic village and service-based center that builds upon the existing educational and service infrastructure. This district will feed from the neighboring Central Village District s urban fabric and bohemian art district. Once established, the academic village should foster creative education related activities linked to businesses, with a School-to-Job Training and Continuing Education for the workforce. Physical improvements include a bike/pedestrian path along southern Boulevard, which will allow for connectivity to the remainder of the Pembroke SGA, the City and the region (page 36). STRATEGIC GROWTH AREA OFFICE: While located in SGA-4 Pembroke, the use is proposed for a unit within an existing building, and, thus should be considered as an interim use until such time that it is replaced by another use or the property owner desires to develop the site consistent with the recommendations of the Pembroke SGA-4 Plan. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS F. A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District surrounding the Town Center. The project will be phased based on funding. There are two other roadway Capital Improvement Program projects slated for this area. Witchduck Road Page 2

3 Phase II (CIP2-025) will provide a six-lane divided roadway on a 131 foot right-of-way from I-264 to Virginia Beach Boulevard. The project will also include improvements/modifications to Cleveland Street, Mac Street, and Pennsylvania Avenue. No significant changes to the site layout and right-of-way are proposed. Although it should be noted that the Witchduck Road Phase II project is slated to impact the Witchduck Exchange site and may result in a loss of parking areas and/or entrance modifications. However, funding activities beyond site acquisition are not scheduled or funded in the current Virginia Transportation Six-Year Program. Greenwich Road/Cleveland Street Crossover (CIP2-401) will realign Greenwich Road and connect it to Cleveland Street by a bridge structure over I-264. Improvements to the Cleveland Street/Witchduck Road intersection are anticipated. TRAFFIC: Street Name Present Volume S. Witchduck Road 46,911 ADT 1 (2010) Present Capacity 14,800 ADT 1 (Level of Service C ) 22,800 ADT 1 (Level of Service D ) / Capacity 27,400 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 94 ADT Proposed Land Use ADT 0 Vehicles in Morning Peak Hours 8 Vehicles in Afternoon Peak Hours 1 Average Daily Trips 2 as defined by average retail 3 as defined by tattoo studio WATER & SEWER: This site is connected to City water and City sanitary sewer. FIRE DEPARTMENT: No Fire Department comments at this time. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department (Environmental Health specialist) after approval by City Council of this request but prior to beginning operation. EVALUATION AND RECOMMENDATION The proposed tattoo studio will be located in approximately 2,111 SF of lease space in a retail strip center. There is ample parking on the site for patrons and employees of the retail center and tattoo studio. The site is road-locked between I-264, Witchduck Road and the Southern Boulevard right-of-way effectively limiting access to primarily vehicular traffic. This use is acceptable in this portion of SGA 4, as it will be many years before the economic and market conditions are right for redevelopment of this site consistent with the adopted plans for this area. Before the applicant can obtain a business license to operate, the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, Page 3

4 vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is over 600 feet from the closest school or residential district. A graphic is provided within this report that depicts the distance from the nearest residential or apartment and nearest public school. Therefore, staff recommends approval subject to the conditions below. CONDITIONS 1. The conditional use permit for tattoo and body piercing establishment is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. 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. 3. No sign more than four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. 4. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 5. The actual tattooing or piercing operation on a customer shall not be visible from any public right-ofway adjacent to the establishment. 6. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 7. No one under the age of 18 shall be permitted to receive a tattoo at this facility under any circumstances. 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 Y CT JERSEY AVE SOUTHGATE AVE GREENWICH RD CLEVELAND ST CLEVELAND PL 300 EXPRESSWAY CT WITCHDUCK RD N 2 DENN LN 0-0 CLEVELAND ST SOUTHGATE AVE EUCLID RD 5014 CLEVELAND ST GREENWICH RD WITCHDUCK RD N SOUTHERN BLVD SOUTHERN BLVD PENNSYLVANIA AVE SOUTHERN BLVD CONVENTION DR WITCHDUCK RD S HOLLAND DR HOLLAND DR 220 MAC ST KEMPS UCK RD S ROUSE DR 0-0 ROUSE DR PRICE ST Page 5

6 600-FOOT RADIUS FROM TATTOO STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) Page 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED SITE PLAN Page 8

9 EXTERIOR BUILDING PHOTOGRAPH Page 9

10 # DATE REQUEST APPLICANT 1 04/13/10 Conditional Use Permit (tattoo parlor) Withdrawn at CC 2 11/22/05 Conditional Use Permit (tattoo parlor) Denied 07/11/01 Conditional Use Permit (tattoo parlor) Withdrawn before PC 3 06/24/03 Street closure (portion of Denn Lane) Granted 07/01/74 Street closure (portion of Denn Lane) Granted 4 02/12/02 Conditional Use Permit (communications Granted tower) 5 04/10/01 Modification of Conditions Granted 12/06/94 Conditional Use Permit (storage & processing Granted of salvage, scrap or junk) 02/26/91 Conditional Use Permit (recycling center) Granted 6 07/09/90 Conditional Use Permit (car wash) Granted 7 04/18/83 Conditional Use Permit (bulk storage) Granted ZONING HISTORY Page 10

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