Request Conditional Use Permit (Tattoo Parlor) Staff Planner Jimmy McNamara

Transcription

1 Applicant Property Owner Act B Partners Public Hearing April 13, 2016 City Council Election District Lynnhaven Agenda Item 7 Request Conditional Use Permit (Tattoo Parlor) Staff Planner Jimmy McNamara Location 2973 Shore Drive, Suite 108 GPIN Site Size 1,088 square feet AICUZ Less than 65 db DNL Land Use and Existing Zoning District Mixed retail / B-2 Community Business Shore Drive Overlay Surrounding Land Uses and Zoning Districts North Shore Drive Mixed retail / B-2 Community Business South Cape Henry Drive Single-family dwellings / R-10 Residential East Sea Shell Road Mixed retail / B-2 Community Business West Urchin Road Duplex dwellings / R-5D Residential Page 1

2 Background and Summary of Proposal The applicant requests a Conditional Use Permit for a Tattoo Parlor to locate within a 1,088 square-foot unit within a strip shopping center along Shore Drive. The front portion of the unit will be an art gallery where local art work will be displayed and sold. A reception area and a sales desk will also be located in the front area of the unit. A wall will divide the art gallery from the tattooing area. The tattooing area will consist of three tattoo booths, a bathroom, and storage space. It is anticipated that up to five employees will be employed. Proposed hours of operation for tattooing will typically be 10:00 a.m. through 10:00 p.m., Monday through Saturday. In addition to the proposed hours of operation for the tattoo parlor, the art gallery will be open on Sundays from 10:00 a.m. to 6:00 p.m. Tattooing will occur by appointment only. According to the application, customers will meet with artists for a drawing and counseling session before any tattooing is done. It is the applicant s policy that no tattooing will occur on anyone under the age of 18, regardless of parental authorization. 1 2 Zoning History # Request 1 CUP (Motor Vehicle Rental) Approved 04/24/2012 CUP (Assembly Use) Approved 01/13/ CUP (Open Air Market) Approved 07/07/2015 CUP (Religious Use) Approved 01/11/1994 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area, in the Shore Drive Corridor, Suburban Focus Area 1. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2). Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. Additionally, the site is located within the FEMA Flood Zone AE, Special Flood Hazard Area. As the site is already developed with a shopping center and parking surface, there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 27,300 Shore Drive 35,900 ADT 1 ADT 1 (LOS 4 D ) Existing Land Use ADT 31,700 ADT 1 (LOS 4 E ) Proposed Land Use No change 1 Average Daily Trips 2 as defined by 19,300 square-foot shopping center 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The shopping center has access to Urchin Road and Sea Shell Road, both of which have unsignalized intersections with Shore Drive. Sea Shell Road only has access to the eastbound lanes on Shore Drive. The 65% design plans for CIP Project # Shore Drive Improvements Phase III, shows a closure of the median opening at Urchin Road. This project is still under design, with construction scheduled to begin in May Public Utility Impacts Water The site is already connected to City water. The existing 1.5-inch meter (City ID # ), which serves three parcels with the account assigned to parcel , may be used or upgraded to accommodate the proposed development. Sewer The site is already connected to City sewer. Page 3

4 Evaluation and Recommendation The Conditional Use Permit request for a Tattoo Parlor within an existing shopping center is generally consistent with the Comprehensive Plan s land use policies for the Shore Drive Corridor and the Suburban Area. There is no change to the exterior proposed with this request and minimal, if any, impact on traffic. Section of the Zoning Ordinance states that no tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment. There do not appear to be any tattoo parlors or body piercing establishments within that distance of the subject site. There is an existing box sign located above the entrance to the subject unit; however, Staff feels that either an externally lit sign, or a sign constructed of raceway-mounted channel letters with L.E.D. illumination is a higher quality and more aesthetically pleasing. As such, condition 3 is recommended. Based on the considerations above, Staff recommends approval of this request with the conditions below. Recommended Conditions 1. 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. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite 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 installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a box sign, but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 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 Proposed Site Layout Page 5

6 Proposed Floor Layout Page 6

7 Proposed Elevations Page 7

8 Site Photos Site Rear of Property Properties Across Shore Drive Page 8

9 Properties Across Cape Henry Drive Properties Across Urchin Road Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Tommy Kyrus- Owner Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16