10SN0166,• •'~'~'•_~i~
.h{fr ~f~
~~.
.~{~
+,~..~,f
- ..~r
,f. ,
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0166
Evan Somogyi
Dale Magisterial District
South line of Hull Street Road
RE VEST:
~c~,~ti~n~n~G
n~r;l ~Q ~nl n RC
May 26, 2010 B S
Conditional Use to permit a tattoo parlor (to include body piercing) on 0.8 acre of
a 13.5 acre tract.
PROPOSED LAND USE:
A tattoo and body piercing business is planned within an existing shopping center.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed use conforms to the Northern Area Plan which suggests the
property is appropriate for general commercial and medium density residential
use of 1.51 to 4.0 units per acre.
B. The proposed use is representative of and compatible with existing and
anticipated area development.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(STAFF/CPC) 1. This conditional use shall be granted to and for Evan Somogyi
only and shall not be transferable nor run with the land. (P)
(STAFF/CPC) 2. This conditional use shall be for the operation of a tattoo parlor (to
include body piercing), provided such uses shall not be located
beyond 200 feet of the ultimate right-of way of Hull Street Road.
(P)
(Note: This condition is in addition to conditions of approval for
Cases 02SN0281 and 05SN0114.)
(STAFF/CPC) 3. In the event the county or state adopts health regulations for these
businesses, this business shall be subject to any such regulations.
(P)
GENERAL INFORMATION
Location:
South line of Hull Street Road, east of Speeks Drive. Tax ID 746-684-6733.
Existing Zoning:
C-5
Size:
0.8 acre
Existing Land Use:
Commercial
Adiacent Zoning and Land Use:
North - C-3, C-5 and I- l ;Commercial, light industrial or vacant
South - C-3 with Conditional Use Planned Development; Multifamily residential
East - C-5, Commercial or vacant
West - I-l; Commercial/light industrial and office
UTILITIES; ENVIRONMENTAL AND PUBLIC FACILITIES
This request will have no impact of these facilities.
2 10SN0166-MAY26-BOS-RPT
T,ANT~ TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Area Plan which
suggests the property is appropriate for general commercial and medium density
residential use of 1.51 to 4.0 units per acre. Recommended conditions would restrict the
use to the portion of the property suggested as appropriate for general commercial use.
Area Development Trends:
The area is characterized by commercial, office and light industrial development. Adjacent
properties to the north, east and west are zoned General Business (C-5), Community
Business (C-3) and Light Industrial (I-1) and are developed for variety of commercial, light
industrial and office uses or are vacant. Also, the property to the south is zoned Community
Business (C-3) as part of a larger mixed-use planned development and has been developed
for multi-family residential and private school uses. Commercial uses are expected to
continue along this portion of the Hull Street Road corridor, as suggested by the Plan.
Zonin H.~ istory:
On August 28, 2002, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning of the request property from Light
Industrial (I-1) to General Business (C-5) (Case 02SN0281). Among other things,
conditions of approval limited uses within 200 feet of Hull Street Road to uses permitted
within the Community Business (C-3) District. The more intense C-5 and I-1 uses were
restricted to the interior of the property, away from Hull Street Road.
On December 15, 2004, the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved an amendment to Case 02SN0281 which
allowed limited warehouse use within 200 feet of Hull Street Road. (Case OSSN0114)
Uses:
Tattooing and body piercing are regulated by the State Board of Barbers and Cosmetology
laws found in the Code of Virginia,1950, as amended, in Title 54.1, Chapter 7.
A conditional use has been requested to allow a tattoo parlor to include body piercing. This
use is not specifically enumerated in the Zoning Ordinance. The Ordinance provides 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 has interpreted 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
3 10SN0166-MAY26-BOS-RPT
permitted. With approval of this request, the use would be limited to and for the applicant
only. (Condition 1)
Site Design:
A strip shopping center has been developed on the front portion of the property. The
remainder of the property has been developed for warehouse type buildings, which are
occupied by various commercial and industrial uses. The applicant plans to locate the tattoo
parlor in the shopping center. Conditions of approval would preclude locating the business
beyond 200 feet from the right-of way of Hull Street Road (Condition 2). This would be
consistent with previous approval for commercial uses on the property.
Health:
In the past, concerns had been expressed relative to health risks associated with tattooing
and body piercing. State law allows localities to adopt health regulations for tattoo
establishments. Currently, Chesterfield's Code does not contain such regulations. A
condition should be imposed requiring that in the event such regulations are adopted in the
future, the proposed use would be subject to such regulations. (Condition 3)
CONCLUSION
The proposed use would be no more intense than uses currently permitted and would conform to the
Northern Area Plan which suggests the property is appropriate for general commercial and
medium density residential use of 1.51 to 4.0 units per acre. In addition, the proposed use is
representative of, and compatible with, existing and anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/16/10):
On their own motion, the Commission deferred this case to their March 16, 2010 public
hearing to allow additional time for the applicant to notify adj acent property owners.
Staff (2/ 17/ 10)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 22, 2010 for consideration at the
Commission's March 16, 2010 public hearing.
4 10SN0166-MAY26-BOS-RPT
Staff (2/23/10):
No additional information has been received.
Planning Commission Meeting (3/16/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval subj ect to the conditions on page 2.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
Board of Supervisors' Meeting (4/28/10):
On their own motion, the Board deferred this case to their May 26, 2010 public hearing.
Staff (4/29/10):
The applicant was advised in writing that any significant new or revised information
should be submitted no later that May 3, 2010 for consideration at the Board's May
public hearing.
Staff (5/3/10):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, May 26, 2010, beginning at 6:30 p.m., will take under
consideration this request.
5 10SN0166-MAY26-BOS-RPT
~ \ \
N ~~
~`
~'
M ~
U
N
U
i~
R V
I
~ l
~ • ~ ~ ::: :::::::~ ::::::::::::::::::.... ~I
~ ~ ... _ r
~ ~ 7 ~ -__~_.~ R • M
,,• ~o y ~ SPEEKS ~ ~ v
°~~ ~ ~ ~ 2 ~ QO ~
~ o
~ ~d ~ ; ~ ~~ ~~ ~
!~ i
~ ~ ~ ~ ~ ~ ,
II ` 1
U ~ ~ U
~~
~ -- '
~~ ~~
~ ~ ~
~ ~ a
I ~
~ `
~ 1 U 1~ ~ g ,.
U '` O I
1 r ~ \ ~ ~~ ~
~ ~ ,~ ~
1 U ~ ~, ~ ~ •
` ,
U
~~
~~
,~ •r ~- ~
U ,
^ ~ ~ ~
i ~
N ~
1
= -'s ~
~- ~ ~ l a a
VJ , + ` W Q
l 1 ~o
1 M ~ ~ lz o
U N ~ ~ ~ ~~ I a Q
1 , ~ a M
1 ~ ^ ~ .. 1 ~
1 I I ..::::::: ~: ,
1 N ................... ,
` ! 1 .............................
U N ................................. ,
~ 1 ..:::::::::::::::~~:~::::: ~:::::::::::::
1 M ~ w
~~~, 1 (~ I z cn
~ ~
Y ti 1 ~- ~ ~
~ ti o ~
J ' ' o
a + , ~
' IN
~ ~
o ~ ~ 1
1 ~ 1
a ~ ' ~
~ ~ 1 !
' ~~ N 0
1 U ~ ~
~ ~ N ~
N ~ ,~ 0 ~ p
~ M 1 ! ~ ~ ~ ~
N
I I ~
U U~ M Z
N I 1 I , (~ °o
U ,
~0 I vI o.. ~
1 N N ..
IN ~ ..
~,~ ~ 1 I I
~ ~ I 1 O
N ~ U 1 " ~