4 May 12, 2010 Public Hearing APPLICANT: DML DESIGN, LLC T/A GODSPEED TATTOO

Transcription

1 4 May 12, 2010 Public Hearing APPLICANT: DML DESIGN, LLC T/A GODSPEED TATTOO PROPERTY OWNER: JETTELLIS, LLC REQUEST: Conditional Use Permit (tattoo studio) STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: 3795 Bonney Road GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: 20,220 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a tattoo studio to occupy a 2,000 square foot unit within a larger building. The proposed unit is approximately 150 feet from Bonney Road, at the rear of the building, out of sight from the right-of-way. The operation will include up to 8 tattooists and 1 body piercing professional. The proposed hours of operation are Monday through Saturday, 10:00 a.m. to 10:00 p.m. and Sundays from 12:00 p.m. to 8:00 p.m. The building where the studio is proposed was formerly a funeral home but has since been renovated. 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 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. Page 1

2 EXISTING LAND USE: existing building under renovation with parking lot LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: Bonney Road Virginia Beach Boulevard Office, mixed retail / B-2 Community Business District South: Auto sales / Conditional B-2 Community Business District East: Retail / B-2 Community Business District West: Auto sales / Conditional B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There do not appear to be any environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is a four-lane undivided urban minor arterial running parallel to I-264 and Virginia Beach Boulevard. Bonney Road terminates at the I-264/Rosemont Road interchange approximately 2,300 feet east of the site. This intersection is over capacity, with a 2008 volume-to-capacity ratio of The MTP Map shows Bonney Road as an undivided facility in a 70-foot right-of-way. There is a CIP project, # Bonney Road/Kentucky Avenue Intersection Improvements, approximately 2,000 feet west of the site, but the site is not within the project limits. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 14,500 ADT 1 14,800 ADT 1 (Level of Service C ) - 22,800 ADT 1 (Level of Service D ) Existing Land Use ADT Proposed Land Use ADT 1 Average Daily Trips 2 as defined by office 3 as defined by tattoo studio WATER & SEWER: This site is already connected to City water and sewer. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department prior to beginning operation. Recommendation: Staff recommends approval of this EVALUATION AND RECOMMENDATION Page 2

3 request with the conditions below. Comprehensive Plan: This site is located in the Rosemont Strategic Growth Area (SGA). The land use of the SGA is characterized by suburban strip commercial and multifamily residential uses along Virginia Beach Boulevard and is generally encompassed by established single family neighborhoods. The Comprehensive Plan identifies recommends that redevelopment opportunities between Bonney Road and I-264 take advantage of the accessibility to the interstate and transform the existing land use pattern into a mixed use arrangement to include medium to high-rise residential units and midrise corporate office buildings. Evaluation: Before the applicant can obtain a business license to operate, 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. In addition, the Zoning Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is 615 feet from the closest residential district. The site, which is undergoing a major renovation, has sufficient parking for the users of the office space in conjunction with the tattoo studio. The almost 23,000 square foot lot has more parking spaces than required by the Zoning Ordinance. A graphic is provided below that depicts the distance from the nearest residential or apartment and nearest public school. 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 signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and/or doors. 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 any public right-of-way adjacent to the establishment. Page 3

4 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. 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 PROPOSED SITE PLAN Page 6

7 /22/08 Street Closure 2 03/23/03 04/13/99 07/08/97 09/28/93 REZ (I-2 & B-2 to Conditional B-2) CUP (motor vehicle sales) Street Closure Street Closure REZ (O-1 to Conditional I-1) REZ (B-2 to O-1) CUP (mausoleum/cemetery) Street Closure 3 01/23/96 CUP (communications tower) 4 07/13/93 CUP (truck repair) 5 10/30/89 CUP (motor vehicle repair) ZONING HISTORY Page 7

8 Page 8

9 Page 9