Request Conditional Use Permit (Tattoo Parlor) Staff Planner Kevin Kemp

Transcription

1 Applicant Property Owner Dam Neck Square, LLC Public Hearing March 9, 2016 City Council Election District Beach Agenda Item 2 Request Conditional Use Permit (Tattoo Parlor) Staff Planner Kevin Kemp Location 1577 General Booth Boulevard, Unit 107 GPIN Site Size 7.27 acres (unit is 1,875 square feet) AICUZ Greater than 75 db DNL Existing Land Use and Zoning District Mixed retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Mini-Warehouse /B-2 Community Business South Dam Neck Road Mixed retail / B-2 Community Business East General Booth Boulevard Mixed retail / B-2 Community Business West Multi-family dwellings / PD-H1 Planned Unit Development Page 1

2 Background and Summary of Proposal The applicant requests a Conditional Use Permit for a Tattoo Parlor within a 1,875 square-foot unit within the Dam Neck Square Shopping Center. The unit is located in the northwest corner of the site. The subject site, zoned B-2 Community Business, is 7.27 acres and contains a variety of commercial uses. No changes are proposed to the exterior of the building, with the exception of signage that will be installed over the entrance, consistent with the other units within the shopping center. The interior space will be renovated to include seven spaces for tattoo application and one area for body piercing. Hours of operation will be 12:00 p.m. to 10:00 p.m., seven days per week. CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 02/16/2016 MOD Approved 02/11/2014 CUP (Automobile Service Station & Car Wash) Approved 01/09/ MOD Approved 07/06/2010 MOD Approved 02/08/2005 MOD Approved 06/11/2002 CUP (Mini-warehouse) Approved 10/09/ CUP (Fuel Sales) Approved 9/25/ CUP (Automobile Repair Garage) Approved 02/02/ CUP (Automobile Repair Garage) Approved 03/26/ CUP (Automobile Repair Garage) Approved 08/14/ CUP (Automobile Service Station) Approved 03/09/1987 Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area with general planning policies that focus on protecting the overall character, economic value, aesthetic quality of stable neighborhoods, and reinforcing the suburban characteristics of non-residential uses. Achieving these goals requires land use activities to maintain or enhance the existing neighborhoods 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. Page 2

3 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 31,922 ADT 1 32,500 ADT 1 (LOS 4 C ) No change is expected from the 37,100 ADT 1 (LOS 4 E ) number of trips generated by this Dam Neck Road 32,244 ADT 1 49,300 ADT 1 (LOS 4 D ) use occupying an existing unit 55,800 ADT 1 (LOS 4 E ) within a shopping center 1 Average Daily Trips 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road in the vicinity of this application is considered a six-lane divided major suburban arterial. The existing infrastructure is currently within in a 100-foot and variable width right-of-way. The MTP proposes a four-lane minor arterial within a 110-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. General Booth Boulevard in the vicinity of this application is considered an access controlled, four-lane divided major suburban arterial. The existing infrastructure currently resides in a 140-foot & variable width right-of-way. The MTP proposes a six-lane arterial within a 150-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C. There is a roadway CIP project slated for this area. Upton Drive Extended and Dam Neck Station Improvements (CIP 2-047) is for the construction of a second left-turn lane on southbound General Booth Boulevard at the intersection of Dam Neck Station Road, construction of a left turn lane on Dam Neck Station Road, and a new traffic signal at the intersection of General Booth Boulevard and Dam Neck Station Road. The project will also include an upgrade to the existing Upton Drive and Dam Neck Road traffic signal. Construction is estimated to start in February Public Utility Impacts Water The site currently connects to City water. There is an existing 16-inch City water main along Dam Neck Road and an existing 20-inch City water main along General Booth Boulevard. Sewer The site currently connects to City sewer. There is an existing 42-inch HRSD force main along General Booth Boulevard and Dam Neck Road. There is an existing eight-inch City gravity sewer along Dam Neck Road. The site is serviced by Pump Station #602. Page 3

4 Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area and is acceptable. The proposed tattoo parlor will be located within an existing commercial strip center, and no exterior changes to the building or site are proposed, with the exception of signage. Additionally, the proposed use is consistent with the commercial nature of the surrounding properties. Before the applicant can obtain a business license, 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, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended 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. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signs installed on any exterior wall of the building, or in any windows, or on the doors. 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

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