20 & 21 January 13, 2010 Public Hearing APPLICANT: KARINPHILLIP, INC

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1 20 & 21 January 13, 2010 Public Hearing APPLICANT: KARINPHILLIP, INC PROPERTY OWNER: PARR PROPERTIES, LLC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning (I-1 Light Industrial District to B-2 Business District) Conditional Use Permit (tattoo parlor) ADDRESS / DESCRIPTION: 114 South Witchduck Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 15,638 square feet LEASE SIZE: 2,000 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Change of Zoning of the property, zoned I-1 Industrial District, to B- 2 Community Business District. The applicant also requests a Conditional Use Permit to establish a tattoo and body piercing studio in a lease space of 2,000 square feet on the proposed site. The studio will be located on the entire first floor of the existing building. The operation will consist of three shop employees, three piercers, and six tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p.m., seven days a week. Other tenants are located on the second floor of the building: a dentist office and dance studio. Page 1

2 EXISTING LAND USE: Commercially developed site LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: Across I-264 ramp, warehouse / I-2 Industrial District South: I-264 / B-2 Community Business District East: Across I-264 ramp, warehouse / I-2 Industrial District West: Retail / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious as it is developed with a structure and parking lot. There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Witchduck Road is a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 130-foot right of way. Currently, this segment of roadway is functioning over-capacity at a LOS F. Two Capital Improvement Program projects are programmed in this area that directly impacts this parcel. Witchduck Road Phase II (CIP 2-025) will provide a six-lane divided roadway on a 131-foot right-ofway from I-264 to Virginia Beach Blvd. Aesthetic improvements will also be provided to enhance this roadway corridor. This project is at 30 percent design plans and is scheduled for construction in Fall The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study has developed short-term, midterm, and long-term alternatives for transportation needs in the area. The City will use this study to develop feasible projects in the Central Business District that will provide a benefit to the traffic flow in the area. The subject property is currently within the boundaries of the study area. TRAFFIC: Present Street Name Volume Witchduck Road 51,107 ADT 1 (Level of Service F ) Present Capacity 14,800 ADT 1 (Level of Service C ) 22,800 ADT 1 (Level of Service D ) / Capacity 27,400 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use ADT Proposed Land Use ADT 3 Vehicles in Morning Peak Hours 4 Vehicles in Afternoon Peak Hours 1 Average Daily Trips 2 as defined by I-1 zoning 3 as defined by B-2 zoning WATER and SEWER: The site is connected to City water and City sanitary sewer. Page 2

3 FIRE DEPARTMENT: No Fire Department comments at this time. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department prior to beginning operation. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers and conditions below. Comprehensive Plan: The Comprehensive Plan Map identifies this site as being within Strategic Growth Area 4 - Pembroke Area Central Village District. This district of the Pembroke Strategic Growth Area is generally bound by I-264, Witchduck Road, Virginia Beach Boulevard and Kellam Road. The Pembroke SGA4 Implementation Plan states that this district is envisioned as an eclectic, mid to low-rise commercial and urban-residential area. This district will include live-work, loft, and rowhouse residential buildings as well as smaller scale mixed-use commercial buildings and a sports arena, (page 31). The proposed use is acceptable in this portion of SGA 4, as it will be many years before the economic and market conditions are right for redevelopment of this site consistent with the adopted plans for SGA 4. Evaluation: The change of zoning for this site from Industrial to Business is appropriate and brings the site into greater conformance with the recommendations of the Comprehensive Plan. The site s existing zoning was, in the past, appropriate to how the area around this site had been traditionally used; however, adopted plans now call for a different type of use. The requested Business District zoning, as well as the use of the site for a tattoo parlor, is a step toward the long-term transition of the Central Village District of SGA 4 from its current character to it s the desired end state. The proposed tattoo parlor will be located on the first floor of an existing two-story building. A dentist and a dance studio occupy the second floor. The tattoo studio is required to comply with all Health Department regulations before a business license can be obtained. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The existing building will not be used for a flea market, motor vehicle rental, commercial recreational facility Page 3

4 or car wash facility. All uses permitted in B-2 Zoning Districts will be allowed, and conditional uses will require the usual City Council approval. PROFFER 2: Minor renovations to the exterior and interior of the building which do not materially alter the appearance of the building may be made. PROFFER 3: There will be no drive-thru on the property. PROFFER 4: Further conditions may be required by the Grantee to provide for administration of all applicable City Codes by all City agencies and departments to meet all City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they ensure the use of the property will not be intrusive to the surrounding area or be inconsistent with the goals of the Comprehensive Plan, as well as ensuring the building is not inappropriately altered. The City Attorney s Office has reviewed the proffer agreement dated September , and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The conditional use permit for tattoo and body piercing establishment is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. A business license shall only be issued to the applicant if the Health Department approves the facility for consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. Signage for the business shall be limited to the existing freestanding sign located on the site. 4. The actual tattooing or piercing operation on a customer shall not be visible from any public right-ofway adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. Page 4

5 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 or Change of Zoning 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 5

6 AERIAL OF SITE LOCATION Page 6

7 SITE SURVEY Page 7

8 EXTERIOR BUILDING PHOTOGRAPHS Page 8

9 /22/05 Conditional Use Permit (tattoo parlor) Denied 07/11/01 Conditional Use Permit (tattoo parlor) Withdrawn before PC 2 06/24/03 Street closure (portion of Denn Lane) Granted 07/01/74 Street closure (portion of Denn Lane) Granted 3 02/12/02 Conditional Use Permit (communications tower) Granted 4 04/10/01 Modification of Conditions Granted 12/06/94 Conditional Use Permit (storage & processing of Granted salvage, scrap or junk) 02/26/91 Conditional Use Permit (recycling center) Granted 5 07/09/90 Conditional Use Permit (car wash) Granted 6 04/18/83 Conditional Use Permit (bulk storage) Granted ZONING HISTORY Page 9

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