11SN0241CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0241
Macerich Partnership LP
September 21, 2011 BS
Midlothian Magisterial District
North line of Midlothian Turnpike, East of Huguenot Road
RE VEST: Conditional use approval to permit a tattoo parlor (to include body piercing) on .l
acre of a 73.8 acre tract in Neighborhood Business (C-2) and Community Business
(C-3) Districts.
PROPOSED LAND USE:
A tattoo and body piercing business is operating within the existing Chesterfield Towne
Center mall without the requisite zoning approval. The applicant is requesting this approval
to bring the use into compliance with zoning regulations.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed use conforms to the Huguenot/Robious/Midlothian Area Plan,
which suggests the property is appropriate for regional mixed use.
B. The proposed use is representative of and compatible with existing uses within the
mall development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED WITH "STAFF/CPC" WAS AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
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(STAFF/CPC) In the event the County or state adopts health regulations for these
businesses, this business shall be subject to any such regulations. (P)
(STAFF NOTE: If this request is approved the use would be allowed on
up to any . l acre area within the subj ect property.)
GENERAL INFORMATION
T .nr.ati nn
The request property is located on the north line of Midlothian turnpike, east of Huguenot
Road, also fronting the east line of Huguenot Road, north of Midlothian Turnpike. Tax ID
741-709-Part of 1430.
Existing Zoning:
C-2 and C-3
Size:
0.1 acre
Existin Land Use:
Commercial
Adjacent Zoning and Land Use:
North - C-4; Commercial and office
South - C-5; Commercial
East - C-3; Commercial and office
West - 0-2, C-2 and C-3; Commercial and office
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Public Water and Wastewater S,, std:
This site is currently connected to both the public water and wastewater systems. This
request will not impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact on these facilities.
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PUBLIC FACILITIES
Fire Service:
The Courthouse Fire Station, Company Number 20, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
will have a minimal impact on Fire and EMS.
County Department of Transportation:
This request will have minimal impact on these facilities.
Virginia Department of Transportation (VDOT):
This request will have minimal impact on these facilities.
T ,ANn T 1~F,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Huguenot/Robious/Midlothian
Area Plan, which suggests the property is appropriate for regional mixed use.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Regional Center." This proposed land use designation encourages vertically and
horizontally integrated mix of residential, office, light industrial, public, open space and
commercial uses. It should be noted that the revised draft plan is pending review by the
Planning Commission, has not been approved, and does not provide land use guidance for
the subject property at this time. As of the date of this report, the Commission has not
forwarded a recommendation regarding the revised draft plan to the Board of Supervisors.
Additionally, the Board has not reviewed the revised draft plan, nor has the Board taken any
action on the revised draft plan to date. The recommendations of the revised draft plan are
provided for reference purposes only.
Area Development Trends:
The area is characterized by a mixture of commercial and office zoning and land uses. It is
anticipated the existing type of uses will continue in this area, as suggested by the Plan.
Zonin Hg istory:
A series of zoning approvals, beginning with Case 65-87C on January 12, 1966 and
culminating with Case 86SN0072 on September 24, 1986, allowed for the development
of Chesterfield Towne Center mall on the property.
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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.
Conditional use approval has been requested to allow a tattoo parlor and body piercing. This
use is not specifically enumerated in the Zoning Ordinance. The Ordinance provides for
conditional use approval for uses which are not specifically enumerated, provided that
operating characteristics of such uses are substantially similar to, and impacts on
neighboring properties are no greater than the operating characteristics and impacts of
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 approval wherever a
beauty shop is permitted.
Site Design:
A shopping mall (Chesterfield Towne Center) has been developed on the property. A tattoo
parlor has been operating in the mall for approximately two (2) years, without required
conditional use approval and in violation of the Zoning Ordinance. This application seeks to
gain conditional use approval for the use in order to bring it into compliance with ordinance
requirements.
Health:
In previous similar zoning cases, concerns were 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 health regulations are adopted in the
future, the proposed use would be subject to such regulations. (Condition)
CONCLUSION
The proposed use would be no more intense than currently permitted uses and would conform to the
Huguenot/Robious/Midlothian Area Plan, which suggests the property is appropriate for regional
mixed use. In addition, the proposed use is representative of, and compatible with, existing uses
in the mall development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/16/11):
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The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval subj ect to the condition on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, September 21, 2011 beginning at 6:30 p.m., will take
under consideration this request.
5 11SN0241-SEP2I-BOS-RPT
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