Requests Rezoning (B-1 Neighborhood Business to B-2 Community) Conditional Use Permit (Tattoo Parlor) Staff Planner Carolyn A.K.

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1 Applicant Hardee Realty Corporation/Folk City Tattoo, LLC Property Owner Hardee Realty Corporation Public Hearing April 13, 2016 City Council Election District Rose Hall Agenda Items 10/11 Requests Rezoning (B-1 Neighborhood Business to B-2 Community) Conditional Use Permit (Tattoo Parlor) Staff Planner Carolyn A.K. Smith Location 3590 Holland Road GPIN Site Size Approximately 24,330 square feet AICUZ db DNL Existing Land Use and Zoning District Mixed retail center / B-1 Neighborhood Business Surrounding Land Uses and Zoning Districts North Vacant, undeveloped parcel, single-family dwelling / O-2 Office, A-12 Apartment South Holland Road Fuel sales / B-2 Community Business East Vacant, undeveloped parcel / A-12 Apartment West Rosemont Road Car wash / B-2 Community Business Page 1

2 Background and Summary of Proposal The applicant requests a Rezoning of a 24,330 square foot parcel at the northeast corner of the Holland Road and Rosemont Road from B-1 Neighborhood Business to B-2 Community Business District. This rezoning is requested because the B-1 district does not permit certain retail and service uses, particularly tattoo parlors. This has impacted the property owner s ability to lease units within the shopping center. In conjunction with the change of zoning request, a Conditional Use Permit for a Tattoo Parlor is also requested. The applicant proposes to locate the tattoo and body piercing business within a 675 square-foot store front in the western-most unit within the existing strip shopping center. The existing 35 on-site parking spaces exceed the minimum requirement of 25 spaces for the existing retail establishments, as set forth in Section 203 of the Zoning Ordinance. The submitted concept plan for the tattoo studio includes a waiting room with seating, a separate tattoo area, and adequate restroom and instrument sterilization areas. Specific standards for hygiene and certification are set forth by the Virginia Department of Health. No exterior improvements, other than signage, are proposed. According to the application, up to four tattoo artists and one body piercer will work on-site. Typical hours of operation are anticipated as 10:00 a.m. through 9:00 p.m., Monday through Saturday, and 12:00 p.m. to 8:00 p.m. on Sunday Zoning History # Request 1 MOD Approved 04/08/2008 CUP (Gas Station and Car Wash) Approved 06/08/ REZ (A-18 to R-5S) Approved 01/09/ REZ (A-12 to R-5S) Approved 09/08/1998 REZ (A-12 to R-5S) Approved 05/13/ CUP (Religious Use) Approved 11/10/ CUP (Car Wash) Approved 12/10/2013 CUP (Bulk Storage) Approved 01/09/1996 CUP (Gas Station, Car Wash) Approved 11/14/ CUP (Religious Use) Approved 01/12/2010 CUP (Bingo Operation) Approved 11/10/2009 CUP (Telecommunications Tower) Approved 11/25/2003 CUP (Motor Vehicle Rentals) Approved 07/13/1987 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. 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 property is located within the Chesapeake Bay watershed. As the site is fully developed with a shopping center and a parking lot, there are no known significant natural or cultural features present. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 31,600 ADT 1 22,800 ADT 1 (LOS 4 D ) 27,400 ADT 1 (LOS 4 E ) Existing Land Use ADT Proposed Land Use ADT Rosemont Road 29,800 ADT 1 22,800 ADT 1 (LOS 4 D ) 27,400 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by existing shopping center 3 as no change is anticipated Capital Improvement Program (CIP) There are no active roadway CIP projects for this portion of Rosemont and Holland Roads. Public Utility Impacts 4 LOS = Level of Service Water & Sewer This site is currently connected to both City water and sewer. Evaluation and Recommendation This change of zoning is requested due to the fact that the B-1 district does not permit certain retail and service uses and this has impacted the property owner s ability to lease spaces within the shopping center. With the recent amendment to the Zoning Ordinance that eliminated the separation requirement of tattoo establishments from residential districts, a tattoo artist inquired leasing space at this location. This precipitated the rezoning request along with an application for a Conditional Use Permit for a Tattoo Parlor. According to Traffic Engineering Staff, the addition of a tattoo studio at this location will have no impact on this very busy intersection. In Staff s view, the rezoning to B-2 Community Business District is appropriate at this location, as all other corners of this intersection are currently zoned B-2. Additionally, it is likely that the vacant A-12 properties to the north and east of this site will be incorporated into this site when it is ultimately redeveloped. Page 3

4 The Conditional Use Permit request for a Tattoo Parlor in an existing shopping center is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area. No exterior improvements to the site are proposed, other than the addition of a building sign. The proposed sign, as depicted on the submitted exhibit, is consistent in color and size to the building. The conditions below are recommended to protect the site from visual clutter. Based on the considerations above, Staff recommends approval of both requests the Rezoning and the Conditional Use Permit - subject to the conditions below. Recommended Conditions for the CUP 1. 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 and shall be located on the building as shown on the submitted photo rendering entitled, Folk City Tattoo Bldg Sign, dated March 3, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 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 application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 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 Existing Site Survey Page 5

6 Tattoo Studio s Unit & Proposed Sign Page 6

7 Site Photos Page 7

8 Page 8

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