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| Resolution | NO. 15 |
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| | | | | | | | | A Resolution to approve S-02-19, a Special Use Permit request to allow a Tattoo Parlor at 1950 W. Columbia Avenue. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 12/3/2019 | | | |
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Resolved by the Commission of the City of Battle Creek:
That, the Planning Commission has reviewed the petition from Mr. John M. Sullivan requesting a Special Use Permit to allow a tattoo and piercing shop in a "C-3 Intensive Business District" property located at 1950 W. Columbia, pursuant to Planning and Zoning Code 1292.03(b).
The Planning Commission held a public hearing on this matter at its November 18, 2019 meeting, and after due consideration, recommended that the Battle Creek City Commission approve the petition for a Special Use Permit based upon the findings and conditions as set forth 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 S02-19 to allow a tattoo shop on parcel #9960-32-191-0 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:
- 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.
- 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.
- 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.
- 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 December 3, 2019.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
12/3/2019
Action Summary | | | |
| | | | | | | | | | Staff Member: | Christine Zuzga, AICP, Planning Mgr | | Department: | Planning |
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| | | | | | | | | SUMMARY
| A Resolution to approve S-02-19, a Special Use Permit request to allow a Tattoo Parlor at 1950 W. Columbia Avenue.
| BUDGETARY CONSIDERATIONS
| Approval of this request will not have impact on the City budget, and no public services are being requested.
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HISTORY, BACKGROUND and DISCUSSION
| The applicant has stated in their application they wish to use the building for “tattooing, piercing, retail, and art”. If approved, they would be open Monday thru Saturday 12p to 10pm, and plans include the hiring of three employees.
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, retail sales, and art, would be permitted by right in this location and not require any special approvals.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| 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 31, 2019 and notices of the public hearing were also sent by regular mail on October 28, 2019 to 38 owners and occupants of properties located within 300 feet of the subject parcel. To date, the Planning Department has not received any questions or comments relative to this request.
As outlined in Attachment #2 - Report of the Planning Commission, at their September 26, 2018 Planning Commission meeting, the Planning Commission unanimously recommended approval of the special use permit request. |
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