STAFF S REQUEST ANALYSIS AND RECOMMENDATION 10SN0166. Evan Somogyi. Dale Magisterial District South line of Hull Street Road
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1 February 16, 2010 P March 16, 2010 P pril 28, 2010 B FF EQUE NYI ND EOMMENDION 10N0166 Evan omogyi Dale Magisterial District outh line of Hull treet oad EQUE: onditional Use to permit a tattoo parlor (to include body piercing) on 0.8 acre of a 13.5 acre tract. POPOED ND UE: tattoo and body piercing business is planned within an existing shopping center. PNNING OMMIION EOMMENDION EOMMEND PPO UBJE O HE ONDIION ON PGE 2. YE: ME. BOWN, HEN, B ND WE. BEN: M. GUEY. ecommend approval for the following reasons: FF EOMMENDION. he proposed use conforms to the Northern rea Plan which suggests the property is appropriate for general commercial and medium density residential use of 1.51 to 4.0 units per acre. B. he proposed use is representative of and compatible with existing and anticipated area development. (NOE: ONDIION MY BE IMPOED O HE POPEY OWNE MY POFFE ONDIION. HE ONDIION NOED WIH FF/P WEE GEED UPON BY BOH FF ND HE OMMIION.) Providing a FI HOIE community through excellence in public service
2 ONDIION (FF/P) 1. his conditional use shall be granted to and for Evan omogyi only and shall not be transferable nor run with the land. (P) (FF/P) 2. his conditional use shall be for the operation of a tattoo parlor (to include body piercing), provided such uses shall not be located beyond 200 feet of the ultimate right-of-way of Hull treet oad. (P) (Note: his condition is in addition to conditions of approval for ases 02N0281 and 05N0114.) (FF/P) 3. In the event the county or state adopts health regulations for these businesses, this business shall be subject to any such regulations. (P) ocation: GENE INFOMION outh line of Hull treet oad, east of peeks Drive. ax ID Existing Zoning: ize: acre Existing and Use: ommercial djacent Zoning and and Use: North - -3, -5 and ; ommercial, light industrial or vacant outh - -3 with onditional Use Planned Development; Multifamily residential East - -5, ommercial or vacant West - ; ommercial/light industrial and office UIIIE; ENIONMEN ND PUBI FIIIE his request will have no impact of these facilities. 2 10N0166-P28-BO-P
3 ND UE omprehensive Plan: ies within the boundaries of the Northern rea Plan which suggests the property is appropriate for general commercial and medium density residential use of 1.51 to 4.0 units per acre. ecommended conditions would restrict the use to the portion of the property suggested as appropriate for general commercial use. rea Development rends: he area is characterized by commercial, office and light industrial development. djacent properties to the north, east and west are zoned General Business (-5), ommunity Business (-3) and ight Industrial () and are developed for variety of commercial, light industrial and office uses or are vacant. lso, the property to the south is zoned ommunity Business (-3) as part of a larger mixed-use planned development and has been developed for multi-family residential and private school uses. ommercial uses are expected to continue along this portion of the Hull treet oad corridor, as suggested by the Plan. Zoning History: Uses: On ugust 28, 2002, the Board of upervisors, upon a favorable recommendation from the Planning ommission, approved rezoning of the request property from ight Industrial () to General Business (-5) (ase 02N0281). mong other things, conditions of approval limited uses within 200 feet of Hull treet oad to uses permitted within the ommunity Business (-3) District. he more intense -5 and uses were restricted to the interior of the property, away from Hull treet oad. On December 15, 2004, the Board of upervisors, upon a favorable recommendation from the Planning ommission, approved an amendment to ase 02N0281 which allowed limited warehouse use within 200 feet of Hull treet oad. (ase 05N0114) attooing and body piercing are regulated by the tate Board of Barbers and osmetology laws found in the ode of irginia, 1950, as amended, in itle 54.1, hapter 7. conditional use has been requested to allow a tattoo parlor to include body piercing. his use is not specifically enumerated in the Zoning Ordinance. he Ordinance provides for a conditional use for uses which are not specifically enumerated, provided the uses operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in the district. taff has interpreted that the requested use is similar in characteristics and impact to a beauty shop and would, therefore, be allowed by conditional use wherever a beauty shop is 3 10N0166-P28-BO-P
4 ite Design: Health: permitted. With approval of this request, the use would be limited to and for the applicant only. (ondition 1) strip shopping center has been developed on the front portion of the property. he remainder of the property has been developed for warehouse type buildings, which are occupied by various commercial and industrial uses. he applicant plans to locate the tattoo parlor in the strip shopping center. onditions of approval would preclude locating the business beyond 200 feet from the right-of-way of Hull treet oad (ondition 2). his is consistent with previous approval for commercial uses on the property. In the past, concerns had been expressed relative to health risks associated with tattooing and body piercing. tate law allows localities to adopt health regulations for tattoo establishments. urrently, hesterfield s ode does not contain such regulations. condition should be imposed requiring that in the event such regulations are adopted in the future, the proposed use would be subject to such regulations. (ondition 3) ONUION he proposed use would be no more intense than uses currently permitted and would conform to the Northern rea Plan which suggests the property is appropriate for general commercial and medium density residential use of 1.51 to 4.0 units per acre. In addition, the proposed use is representative of, and compatible with, existing and anticipated area development. Given these considerations, approval of this request is recommended. E HIOY Planning ommission Meeting (2/16/10): On their own motion, the ommission deferred this case to their March 16, 2010 public hearing to allow additional time for the applicant to notify adjacent property owners. taff (2/17/10): he applicant was advised in writing that any significant, new or revised information should be submitted no later than February 22, 2010 for consideration at the ommission s March 16, 2010 public hearing. 4 10N0166-P28-BO-P
5 taff (2/23/10): No additional information has been received. Planning ommission Meeting (3/16/10): he applicant accepted the recommendation. here was no opposition present. On motion of Dr. Brown, seconded by Mr. Waller, the ommission recommended approval subject to the conditions on page 2. YE: Messrs. Brown, Hassen, Bass and Waller. BEN: Mr. Gulley. he Board of upervisors, on Wednesday, pril 28, 2010, beginning at 6:30 p.m., will take under consideration this request. 5 10N0166-P28-BO-P
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