01SN0173-Feb28q.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0173
Jeffrey A. Kencitzski
Midlothian Magisterial District
9550 Midlothian Turnpike
REQUEST: Conditional Use to permit a tattoo business (to include body piercing) in a
Community Business (C-3) District.
PROPOSED LAND USE:
A tattoo and body piercing business is planned within an existing shopping center.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2. FURTHER, THE COMMISSION RECOMMENDED THAT THE BOARD
CONSIDER AMENDMENTS TO THE COUNTY CODE FOR REGULATORY AND
LICENSING STANDARDS FOR TATTOO STUDIOS AND BODY PIERCING
ESTABLISHMENTS.
AYES: MESSRS. MARSH, CUNNINGHAM, GECKER AND GULLEY.
ABSTENTION: MR. LITTON.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
STAFF RECOMMENDATION
Recommend approval for the following reason:
While the Northern Area Land Use and Transportation Plan suggests this property is
appropriate for office uses, the property was zoned for commercial use prior to the
adoption of the Plan. The proposed use is no more intense than those uses currently
permitted on the property.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
This Conditional Use shall be granted to and for Jeffrey A.
Kencitzski only and shall not be transferable nor mn with the land.
(P)
(STAFF/CPC) 2.
In the event the County or State adopts health regulations or license
requirements for these businesses, these businesses shall be subject
to any such regulations. (P)
GENERAL INFORMATION
Location:
North line of Midlothian Turnpike, west of Tuxford Road and is known as 9550
Midlothian Turnpike. Tax ID 751-707-8780 (Sheet 6).
Existing Zoning:
C-3 with a Conditional Use Planned Development
Size:
4.5 acres
Existing Land Use:
Conm~ercial (Midlothian Festival Shopping Center)
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Adjacent Zoning and Land Use:
North - R-15; Single family residential or vacant
South ~ C-5 with Conditional Use Planned Development, C-3 and C-2; Commercial or
vacant
East - C-3; Commercial or vacant
West - A; Public/semi-public (Bethlehem Baptist Church)
Public Water System:
UTILITIES
There is an existing eight (8) inch water line serving the Midlothian Festival Shopping
Center. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line serving the Midlothian Festival
Shopping Center. Use of the public wastewater system is required by County Code.
ENVIRONMENTAL
The proposed use will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The proposed use will have a minimal impact on this facility.
Transportation:
The requested land use (tattoo business) is anticipated to generate similar traffic volumes
to those generated by existing land uses permitted on the property.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Land Use and Transportation Plan which
suggests the property is appropriate for office uses.
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Area Development Trends:
The properties to the north are zoned Residential (R~15) and are occupied by single family
residences or are vacant. The property to the west is zoned Agricultural (A) and is
occupied by a church. Properties to the south and east along Midlothian Turnpike are
characterized by a m/x of commercial zonings and land uses or are vacant. These
development trends are anticipated to continue in the area.
On January 23, 1980, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning to allow a mixed use development with
residential, commercial and office uses on the subject property and the adjacent property
to the north. (Case 79S189)
On November 23, 1983, the Board of Supervisors, upon a favorable recommendation from
the Planning Conm~ission, approved a Conditional Use Planned Development to permit
automotive repair and a tire business on a portion of the subject property. (Case 83S169)
On December 11, 1985, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning from Office Business (O) to community
Business (B-2) plus a Conditional Use Planned Development on that property plus the B-2
property previously zoned in 1980 to permit a retail shopping center (Case 85S151). With
the approval of Case 85S151, conditions were imposed to insure land use compatibility and
transition, quality development and appropriate drainage and transportation improvements.
Site Design:
The request property currently lies within a Community Business (C-3) District located in
a Post Development Area. With approval of this request, this use would be subject to the
requirements of the conditions of the previous zoning (Case 85S151) and the Zoning
Ordinance which address access, parking, landscaping, architectural treatment, setbacks,
signs, buffers, utilities, and screening of dumpsters and loading areas, size of shopping
center and site amenities.
The property has been developed for a shopping center, Midlothian Festival Shopping
Center, in accordance with these requirements. Any new development or redevelopment
must conform to the requirements.
Uses
A Conditional Use has been requested to allow a tattoo business to include body piercing.
This use is not specifically enumerated in the Zoning Ordinance. The Ordinance provides
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for a Conditional Use for uses which are not specifically enumerated, provided the uses
operating characteristics are substantially similar to, and its impact on neighboring
properties no greater than, the operating characteristics and impacts of the specifically
enumerated uses allowed in the district.
Staff is of the opinion that the requested use is similar in characteristics and impact to a
beauty shop and would, therefore, be allowed by Conditional Use wherever a beauty shop
is permitted.
The tattoo business is no more intense than a beauty shop. It is the intent to locate the
business within existing space in the shopping center. With approval of this request, only
one such business would be permitted, and such businesses would be limited to and for the
applicant only. (Proffered Condition 1)
Health:
Concerns have been expressed relative to health risks associated with tattooing and body
piercing. Attached is a memorandum from the County Health Department which speaks
to this issue. (See attached)
State law allows localities to adopt licensing laws for tattoo establishments. Currently,
Chesterfield's Code does not contain such regulations. The applicant has agreed that in
the event such regulations are adopted in the future, this use would be subject to such
regulations. (Proffered Condition 2)
CONCLUSIONS
While the Northern Area Land Use and Transportation Plan suggests this property is appropriate
for office uses, the property was zoned for commercial use prior to the adoption of the Plan. The
proposed use is no more intense than those uses currently permitted on the property and has the
same impact as a beauty shop, which is currently permitted.
Given these considerations, approval of the request is recommended.
CASE HISTORY
Health Department Staff (2/16/01):
The Health Department offered the attached assessment of the proposed uses relative to
health risks.
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Applicant (2/19/01):
In response to the concerns expressed by the Health Department and the Midlothian
District Commissioner, the applicant submitted the proffered conditions, as discussed
herein.
Planning Commission Meeting (2/20/01):
The applicant accepted the recommendation.
There was opposition present. Concerns were expressed relative to the negative image and
perception that a tattoo and body piercing business would bring to the existing businesses
located within the shopping center. There was concern that there would also be a decrease
in property value due to cliental and image of this type of business.
In addition, there were several people who spoke in favor of this request. Those in support
indicated that the applicant was very professional; the use represents a lifestyle decision;
the cliental are not the stereotypes of the 1950's and 1960's; and the business would bring
tax dollars to the County which is currently going outside the County.
Mr. Gecker indicated that the request was a land use issue rather than a lifestyle issue. He
stated research of other localities revealed no correlation between the proposed uses and
an increase in crime or a decrease in property values. He stated, in his opinion, the uses
would be compatible with other commercial uses in the area. He stated, however, that the
County should adopt health regulations in the County Code for the proposed uses.
Mr. Litton expressed concerns that existing business owners in the area have the
pemepfion that this use may adversely affect their establishments. He stated that any health
standards regulating the proposed use should be in place prior to the approval of this case.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission resolved to
recommend approval of this request and acceptance of the proffered conditions on page 2.
Further, the Commission recommended that the Board of Supervisors adopt regulatory and
licensing standards for tattoo studios and body piercing establishments.
Ayes: Messrs. Marsh, Cunningham, Gecker and Gulley.
Abstention: Mr. Litton.
The Board of Supervisors, on Wednesday, February 28, 2001, beginning at 7:00 p.m., will take
under consideration this request.
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CHESTERFIELD HEALTH DISTRICT
CHESTERFIELD COUNTY- CITY OF COLONIAL HEIGHTS -POWHATAN COUNTY
P. O. Box 100
Chesterfield, Virginia 23832
February t6, 2001
MEMORANDUM
TO:
FROM:
Beverly Rogers, Planning Department i ~ ~
William R. Nelson, M.D., M.P.H., Director ~.~& ' ~
I am writing in response to your question about health risks associated
with tattooing. In preparation for this, I reviewed the published medical literature as well
as materials from the Centers for Disease Control and the Virginia Department of Health.
Them is clear evidence that acquiring a tattoo creates an opportunity for
the acquisition of bloodbome diseases such as Hepatitis B and C or HIV. Opportunities
for skin infection are also created. Studies that examine the general tattooed population
support these facts because they include individuals who engage in other high-risk
behaviors or who acquire the tattoos in unsanitary conditions. On the other hand, there is
also literature to support the idea that tattoos, when professionally performed under
sterile conditions with single use materials, convey only minimal risk. This reduces the
question of public health risk to one of operator education and practice.
This in part accounts for the growing acceptance of tattoos in today's
society. From a public health point of view, if the County wished to allow this land use
practice, I recommend that these commercial ventures be licensed and inspected by a
local government agency. This will help ensure, but not guarantee, that practitioners are
following reasonable sterile and sanitary practices.
WRN/bn
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