11 September 9, 2015 Public Hearing

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1 11 September 9, 2015 Public Hearing APPLICANT: PROPERTY OWNER: OLD BRANDON LASKIN ASSOCIATES, LLC STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit for a Tattoo Parlor ADDRESS / DESCRIPTION: 1721 Laskin Road GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 0.97 acre UNIT SIZE: 2,240 SF AICUZ: Greater than 75 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant currently operates Stain Studios, a tattoo parlor, at 91 South Witchduck Road. The applicant has operated at that location since 2011, when the City Council granted the applicant a Conditional Use Permit for a Tattoo Parlor on April 12, The applicant s studio has operated at that location in compliance with the conditions of that Use Permit, the regulations of the Health Department, and without any reported incidents. The current site of the tattoo studio is within an area bordered by I-264 on the south and west, S. Witchduck Road on the east, and the on-ramp to I-264 on the north. The City of Virginia Beach has acquired the area, as it is within the limits of the Witchduck Road - Phase II Project (CIP 2-025). Part of the acquisition process involves finding a new site for businesses that are being displaced, and the Laskin Road site is being proposed for the relocation of the applicant s studio. The applicant, therefore, is requesting a Conditional Use Permit for a Tattoo Parlor. Page 1

2 The new location for the tattoo parlor is proposed as the rear 2,240 square feet of an existing building, located to the east of a site recently redeveloped for a drugstore. The submitted site plan shows the building with parking located on three sides, including the side of the building where the studio is proposed. There is sufficient parking on the site for the portion of the building being used for retail use as well as the tattoo studio. There are 47 parking spaces on the site, with 15 of those spaces shared with the drugstore to the east. In addition to the owner of the studio, the studio has eight employees. Services are only provided to adults 18 years of age and older. The hours of operation are proposed as 10:00 a.m. to 10:00 p.m., seven days a week. EXISTING LAND USE: Retail LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Laskin Road Retail and Financial Services / B-2 Business District South: Religious Use (Church) / B-2 Business District East: Drugstore / B-2 Business District West: Retail / B-2 Business District There is another Tattoo Parlor, approved by the City Council in 2008, located to the east on Nevan Road. Section 241(b) of the Zoning Ordinance, which provides standards for tattoo parlors, prohibits tattoo parlors from being within 600 feet of each other. The subject site and the existing tattoo parlor on Nevan Road are 1,300 feet from each other. NATURAL RESOURCE AND CULTURAL FEATURES: The site is completely impervious with the exception of very limited landscaped areas. There are no known cultural features of any know significance associated with this site. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan and the Hilltop SGA Master Plan. On August 28, 2012, the Hilltop SGA Master I was adopted as an amendment to the Comprehensive Plan. The SGA Plan recommends non-residential mixed-use development for this site with uses that are deemed compatible with the AICUZ designation (p. 13, Hilltop SGA Plan). IMPACT ON CITY SERVICES The introduction of a Tattoo Parlor within an existing building at this location is not expected to have any significant impact on City services. Page 2

3 EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The tattoo studio has operated for four years at a South Witchduck Road location without incident and in compliance with the conditions of its 2011 Conditional Use Permit. The search for a new location for the business as a result of the South Witchduck Road improvement project led to the subject site. Finding a new site for the tattoo parlor was significantly constrained by the location criteria for tattoo parlors as specified in Section 242.1(b) of the City Zoning Ordinance, which 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, Residential or Apartment District, or school. The location proposed for the tattoo studio within the rear 2,240 square feet of an existing building offers compatibility of the use with the surrounding uses. Additionally, as the proposed location of the studio is within an existing building, the use is consistent with the recommendations of the Comprehensive Plan, and by extension, the Hilltop SGA Plan, since there are no physical changes to the site being proposed. Approval is recommended with 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. 1. Any on-site signage for the office complex and the tattoo parlor shall meet the requirements of the Zoning Ordinance. The use of L.E.D. (or similar electronic display) shall be prohibited from any sign that specifically advertises the tattoo parlor. 2. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 3. The hours of operation shall be within the hours of 10:00 a.m. to 10:00 p.m., seven days a week. 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. Page 4

5 AERIAL OF SITE AND SURROUNDING AREA Page 5

6 AERIAL SHOWING LOCATION OF STUDIO Page 6

7 STUDIO EXISTING SITE LAYOUT Page 7

8 FLOOR PLAN Page 8

9 CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance # DATE REQUEST ACTION 1 09/12/1995 CRZ (R-10 Residential to B-2 Business) Approved 2 10/24/1995 CUP (Religious Use Church Addition) Approved 3 12/12/1995 STC Approved 4 02/23/1999 CRZ (R-10 Residential to B-2 Business) Approved 5 12/07/1999 NON (Enlargement) Denied 6 08/27/2002 CUP (Car Wash) Approved 05/11/2004 SVR Approved 7 09/23/2008 CUP (Tattoo Parlor) Approved 04/28/2009 MOD (Tattoo Parlor) Approved 8 03/22/2005 CUP (Motor Vehicle Sales) Approved 9 05/05/2015 CUP (Craft Brewery) Approved ZONING HISTORY Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13

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