14SN0518CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0518
RCBJ#8 Inc.
Dale Magisterial District
South line of Hull Street Road
uccEiHiv°'crr~?$1~~Tc
January 22, 2014 BS
REQUEST: Amendment of conditional use (Case lOSN0166) to permit the transfer of
operational rights of a tattoo and body piercing business in a General Business (C-
5) District.
PROPOSED LAND USE:
A tattoo and body piercing business is currently operated from an existing shopping
center. A new owner plans to assume operation of this business requiring an
amendment to the current conditional use which limits operational rights to the
former owner.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGES 1 AND 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
The proposed amendment represents a change in the operator for a previously granted
conditional use and should have no additional land use impact.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
CONDITION
(STAFF/CPC) This conditional use shall be granted to and for Jessica Simmons only and
shall not be transferable nor nln with the land. (P)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(Note: This condition supersedes Condition 1 of Case lOSN0166. All other
conditions of approval for Case lOSN0166 remain in effect.)
GENERAL INFORMATION
Location:
The request property is located on the south line of Hull Street Road, east of Speeks Drive.
Tax ID 746-684-6733.
Existing Zoning:
GS with conditional use approval
Size:
13.4 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North - C-3, GS and I-1; Commercial, light industrial or vacant
South - C-3 with conditional use planned development; Multifamily residential
East - G5, Commercial or vacant
West - I-1; Commercial/light industrial and office
UTILITIES; ENVIRONMENTAL AND PUBLIC FACILITIES
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Community Business
and General Business 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 (GS), Community
Business (C-3) and Light Industrial (I-1) and are developed for a variety of commercial,
light industrial and office uses or are vacant. Alsq the property to the south is zoned
2 14SN0~18-20141_~N22-BC1S-RPT
Community Business (C-3) as part of a larger nuxed-use planned development and has been
developed for multifamily 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.
Zoning History:
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 GS 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 OS SNO ll 4)
On May 26, 2010 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, granted conditional use approval which allowed a tattoo and body
piercing business on the property within 200 feet of Hull Street Road (Case lOSN0166).
Conditions of zoning approval also limited the business to the applicant.
Operating Rights:
As previously noted, conditions of zoning approval restrict the operation of the tattoo and
body piercing business to the former business owner. The business has been sold. Approval
of this amendment is required for the new owner(s) to operate the business.
CONCLUSION
The proposed amendment should have no impact on the operation of the business. Other than a
change in operating rights the remaining conditions of approval for Case lOSN0166 would still
be applicable with approval of this request.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/17/13):
The applicant accepted the recommendation. There was no one who spoke in opposition
to or in favor of the request.
3 14SN0~18-20141_~N22-BC1S-RPT
On motion of Dr. Brown, seconded by Mr. Patton, the Commission recommended
approval subject to imposition of the condition on pages 1 and 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, January 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
4 14SN0~18-20141_~N22-BC1S-RPT
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