11SN0116CASE MANAGER: Michael Janosik
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0116
Eric C. Waite
and
Eddie J. Espada
Dale Magisterial District
West line of Iron Bridge Road
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November 17, 2010 B S
RE VEST: Conditional Use to permit a tattoo parlor (to include body piercing) on .5 acre of a
2.3 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. While the Central Area Plan suggests the property is appropriate for general
industrial use, the proposed use is consistent with the established commercial
shopping center use.
B. The proposed use is representative of and compatible with existing and
anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED "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 Eric C. Waite and
Eddie J. Espada 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) only. (P)
(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
West line of Iron Bridge Road, north of Ironbridge Parkway. Tax ID 773-655-8997.
Existing Zoning:
C-3 with Conditional Use Planned Development (CUPD)
Size:
0.5 acre
Existing Land Use:
Commercial
Adiacent Zoning and Land Use:
North - C-3 with Conditional Use Planned Development; Commercial
South - C-5 with Conditional Use Planned Development; Commercial
East - C-3 with Conditional Use Planned Development; Vacant
West - R-7 with Conditional Use Planned Development; Commercial
UTILITIES; FIRE; ENVIRONMENTAL; AND PUBLIC FACILITIES
This request will have no impact on these facilities.
2 11SN0116-NOV17-BOS-RPT
T ,ANn T 1~F,
Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan which
suggests the property is appropriate for general industrial use.
Area Development Trends:
The area is characterized by commercial, office and light industrial development. A
shopping center has existed on the site since 1986. Adjacent property to the north, south and
west has developed for commercial uses. While the property to the east is zoned for
commercial uses, it remains vacant.
Zonin H.~ istory:
On November 28, 1984 the Board of Supervisors, upon favorable recommendation from
the Planning Commission, approved a Conditional Use Planned Development on the
subject property and adjacent property to the west (Case 84S 172). With approval of that
case, commercial uses were allowed on the request site. Subsequently, the Water Tower
Shopping Center has been developed.
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
permitted. With approval of this request, the use would be limited to and for the applicants
only. (Condition 1)
Site Design:
The request property lies within an Emerging Growth Area and has been developed for
shopping center use. A strip shopping center has been developed on the property. The
applicants plan to locate the tattoo parlor within the strip shopping center.
3 11SN0116-NOV17-BOS-RPT
Redevelopment of the site or new construction must conform to development standards of
the Zoning Ordinance which address access, parking, landscaping, architectural treatment,
setbacks, signs, buffers, utilities, screening of dumpsters and loading areas.
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. 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 (10/ 19/ 10)
The applicants accepted the recommendation. There was no opposition present. The
applicants presented a petition with signatures of support from adjacent business owners.
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.
The Board of Supervisors, on Wednesday, November 17, 2010 beginning at 6:30 p.m., will take
under consideration this request.
4 11SN0116-NOV17-BOS-RPT
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