Item Coversheet

Resolution

NO. 5

A Resolution approving S02-15 Special Use Permit request to allow a tattoo parlor at 537 W. Columbia Avenue.

BATTLE CREEK, MICHIGAN - 11/10/2015

Resolved by the Commission of the City of Battle Creek:

 

The Planning Commission has reviewed the petition of Ms. Tracy Smith requesting a special use permit to allow a tattoo parlor at 537 W. Columbia Avenue as permitted under the Planning and Zoning Code, Chapter 1290, Sec. 1290.01(a)(28). The property is legally described as: PARK BEIDLER LOTS 89 & 90, EXC BEG NE COR OF LOT 89 – SLY ALG E LI OF LOT 89 DIST OF 10 FT – NWLY TO N LI OF LOT 89 – ELY ALG N LI OF LOT 89 DIST OF 10 FT TO POB.

 

The Planning Commission held a public hearing on this matter at its October 28, 2015 meeting, and after due consideration, recommended that the Battle Creek City Commission approve the petition based upon the findings and conditions as set forth in the Basis for Determination outlined in the attached Report of the Planning Commission.

 

The Battle Creek City Commission having given its consideration to all information presented to it relating to said petition, adopts the findings and recommendations as set out in the report and supplemented by findings set forth on the record of this date which will be attached hereto, and does by way of this resolution approve Special Use Permit S02-15 for to allow a tattoo parlor at 537 W. Columbia Avenue, finding beyond reasonable doubt that the general standards set forth in City Ordinance 1290.04 will be satisfied by the completion and operation of the proposed development with the following conditions and/or restrictions:

 

a.     The on-site parking lot must be striped prior to its use. A parking lot striping plan for the on-site parking lot shall be submitted to the Planning Department for review and approval.

 

b.    All necessary approvals and any required permits shall be obtained from the appropriate agencies, including but not limited to the State of Michigan, Department of Public Works, and Inspections Department prior to Certificate of Occupancy.

 

c.     The approval of the special use permit is based upon the contents of the submitted application and this staff report. Any future proposed change must be reviewed with the Planning Department to ensure consistency with the approved special use permit, and may be subject to approval of a revision of the special use permit by the Planning Commission and City Commission.

 

d.    Pursuant to Chapter 1232.01 (a), no change in the use or occupancy of land or in the use or occupancy of an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator or his or her agent. Such a certificate shall state that the new occupancy complies with Building and Zoning Codes.

 

e.     Pursuant to Chapter 1290.02 (e), certificates of occupancy for special uses shall be valid for a period established by the City Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Occupancy permits shall expire after one year if the use is not under construction or maintained. For good cause shown and upon written application, the Planning Commission may extend a special use permit for six months.

 









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on November 10, 2015.


Victoria Houser


Battle Creek City Commission
11/10/2015
Action Summary

Staff Member: Christine M. Zuzga, AICP Planning Supv. 
Department:Planning 
SUMMARY 
A Resolution approving S02-15 Special Use Permit request to allow a tattoo parlor at 537 W. Columbia Avenue.
BUDGETARY CONSIDERATIONS
The property will continue to be privately owned and operated and will require no excess demand on public facilities or infrastructure, and as such there would be no negative impact on the budget.

HISTORY, BACKGROUND and  DISCUSSION

The applicant has stated in their application they wish to use the building for “tattooing, body piercing, artistic consultation, and retail sales of clothes, aftercare, jewelry, art, and accessories”. If approved, they would be open Monday thru Sunday from 11am – 11pm. A proposed condition of approval required a parking lot plan and striping, and this condition has already been met by the applicant.

 

Tattoo parlors are currently not permitted by right anywhere in the city. Ch. 1290(b)(28) does allow them by special use permit in the C-3 Intensive Business, C-7 Street Level Retail (downtown), and Industrial zoning district. The other uses proposed in this application, i.e. piercing and retail sales, would be permitted by right in this location and not require any special approvals. 

 

This section of ordinance was amended in 2011 to also allow tattoo parlors in the C-7 district; prior to that they were only allowed by special use in the C-3 and Industrial districts. The amendment came at the request of someone interested in opening this type of business downtown. The amendment was supported by Downtown Partnership as they found tattoo parlors would contribute to a dynamic and diverse downtown. No applications for special use had been submitted since that time.

  

The subject property is located on the south side of W. Columbia Avenue at the southwest corner of W. Columbia and Romance Street, south of Moonraker West restaurant. The single-story building formerly housed Hageman’s Used Furniture, etc. The building underwent renovations in 2012. The parking lot has space for approximately seven cars, and is located in the rear of the building with entrance from Romance Street.

 

Additional information relative to this request can be found in the attached application and staff report.


DISCUSSION OF THE ISSUE

POSITIONS

The petitioner presented the potential addition project to NPC #10 at their September 28, 2015 meeting and the project was unanimously approved by that group as submitted. We have requested the formal letter from the chairperson for the file. 

As required by the Zoning Enabling Act of 2006, as amended, a public hearing notice was published in the Battle Creek Shopper’s Guide on Thursday, October 1, 2015 and notices of the public hearing were also sent by regular mail on September 28, 2015 to 60 owners and occupants of properties located within 300 feet of the subject parcel. Besides the applicant and property owner, there was one person that spoke at the public hearing and he was in opposition to the request.

The recommendation for approval by the Planning Commission was unanimous with two absences citing the findings listed in the attached report from the Planning Commission.

 

 

 


ATTACHMENTS:
File NameDescription
S02-15_Tattoo_Parlor_537_W_Columbia_APP___REPORT.pdfS02-15 Staff Report and App
S02-15_Report_of_the_Planning_Commission.pdfReport of the PC