5 May 12, 2010 Public Hearing APPLICANT: URBAN X-CHANGE INC

Transcription

1 5 May 12, 2010 Public Hearing APPLICANT: URBAN X-CHANGE INC PROPERTY OWNER: LYNNHAVEN CROSSING, LC REQUEST: Conditional Use Permit (tattoo parlor) STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: 829 Lynnhaven Parkway GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: 225,608 square feet LEASE SPACE: 3,000 square feet AICUZ: Greater than 75 db DNL APZ II - Sub Area 2 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a tattoo studio within two units of a retail strip center located adjacent to Lynnhaven Mall. The units will contain a retail and jewelry store with the additional services of tattooing, body piercing, and permanent makeup. The proposed establishment would occupy 3,000 square feet and will be open Monday through Saturday from 10:00 a.m. to 10:00 p.m. and from 12:00 noon until 8:00 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, retail sales associate, and six tattoo artists. 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: Developed retail center LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: Across Lynnhaven Mall Loop is retail (Lynnhaven Mall) / B-2 Community Business District South: Strip retail center / B-2 Community Business District East: Retail / B-2 Community Business District West: Retail / B-2 Community Business District 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. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This section of Lynnhaven Parkway is the site of CIP Project # , a VDOT-administered project with completion expected by the end of May, This project has expanded Lynnhaven Parkway to a divided six-lane major urban arterial with a bikeway. TRAFFIC: Street Name Lynnhaven Parkway Present Volume Counts unavailable since 2006 due to road construction Present Capacity Generated Traffic 49,300 ADT 1 (Level of Existing Land Use 2 Service C ) 132 ADT 52,600 ADT 1 (Level of Proposed Land Use 3 Service D ) 86 ADT and 10 peak hour trips 1 Average Daily Trips 2 as defined by 3,000 SF specialty retail center 3 as defined by 2,700 SF tattoo parlor and 300 SF retail HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure an operating permit from the Health Department after approval by City Council of this Conditional Use Permit request, but prior to beginning operation. The owner should contact the Environmental Health Specialist to begin that permit process. Page 2

3 EVALUATION AND RECOMMENDATION This proposed tattoo studio will be centrally located in a retail strip center between a financial services office and a restaurant. There is ample parking on the site for patrons and employees of the retail center and the tattoo studio. 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 requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, 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. 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. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the Zoning Ordinance. 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, affixed to the outside of any windows or doors, or affixed to the inside of any windows or doors such that the sign, neon, or L.E.D. is visible from the outside. 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 the exterior of the establishment or from the retail sales area within the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00 p.m. Monday through Saturday and from 12:00 p.m. to 8:00 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

4 600-FOOT RADIUS FROM STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) Page 4

5 AERIAL OF SITE LOCATION Page 5

6 STUDIO EXISTING SITE LAYOUT Page 6

7 PROPOSED LEASE SPACE Page 7

8 /02/08 Modification of Conditions Granted 07/12/82 Conditional Use Permit (service station) Granted 2 10/14/97 Conditional Use Permit (auto repair & sales) Granted 3 11/12/93 Conditional Use Permit (bingo hall) Granted 4 10/12/93 Conditional Use Permit (bingo hall) Granted 5 11/26/91 Conditional Use Permit (church) Granted 6 10/27/86 Conditional Rezoning from B-2 to H-1 Granted 7 08/13/84 Street Closure Granted ZONING HISTORY Page 8

9 Page 9

10 Page 10