Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-0091R.

Agenda Title:

22-009 - 1R.  An ordinance approving a Special Use Permit to operate a tattoo shop at 217 S. Main Street, in Independence, Missouri.
Recommendations:

Commissioner Wiley made a motion to recommend approval of the application with the following conditions:

1.      This special use permit is restricted to 217 S. Main Street, only.

2.   An opaque door (wood or metal) shall be installed on the existing trash enclosure.

3.      The parking lot shall be clearly striped.

4.      A van accessible handicapped space with marking and sign shall be provided.

5.     The applicant will obtain and maintain all applicable City and State licenses and comply with all health requirements.

A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:

Commissioner Nesbit – Yes

Commissioner Michell – Absent

Commissioner Wiley – Yes

Commissioner Young – Yes

Commissioner McClain – Absent

Commissioner Preston – Yes

Commissioner Ferguson – Yes

 

The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Executive Summary:

Jeremy & Aimee Taylor (Ulberg) requests approval to operate a body art shop at 217 S. Main Street.

Background:

The applicants are applying to open a tattoo studio at 217 S. Main Street, the former location of Tommy’s Tavern.  The business intends to operate mainly during the day and will be by appointment only.  There will only be two tattoo artists working at any time.          

The former tavern site has off-street parking located to the rear of the property.  However, these spots will need to be clearly striped, and a van-accessible handicapped parking space must be provided and signed.  

The owner has indicated that there will be minimal exterior improvements (like painting) to the existing building.  Additionally, opaque metal or wood doors should be installed on the existing trash enclosure.

The limit on the number of body art shops is now eight, an increase from seven due to the city’s 2020 census population of 123,011, up from 116,830 in 2010.  There are currently six locations in the city.

Consistency with Independence for All, Strategic Plan:

This proposed use could help support the economic prosperity of this commercial area by occupying a vacant space in an existing commercial building.

Comprehensive Plan Guiding Land Use Principles:

The City Comprehensive Plan recommends Commercial Use for this site. This area has had commercial zoning and uses for decades and is expected to remain as such for the foreseeable future.

Historic and Archeological Sites: There are no apparent historic/archeological issues with this property.

Driving Surface and Parking Lot:  A paved driving surface and parking lot occupy all of the property that is not building, accessory structure or trash enclosure.  The parking lot shall be clearly striped and a signed and a marked van-accessible handicapped space shall be provided.

Landscaping:  Similar to most properties located on the Square, the property does not have any greenspace or landscaping.  In the case of renovations and remodeling of existing buildings, landscape may need to be provided.  The requirement is based on the level of investment. 

Trash Enclosure: The applicant needs to install an opaque door (wood or metal) on the existing trash enclosure.

Public Utilities:  All utilities are present on the site and operational.

 

Recommendations and decisions on special use permit applications must be based on consideration of all of the following criteria:

1.      Compatibility of the proposed use with the character of the neighborhood.

The area of the square contains a mix of businesses such as restaurants, offices and small retail stores.

2.      The extent to which the proposed use is compatible with the adjacent zoning and uses.

As mentioned previously, there is an assortment of businesses in this area and this proposed use should have minimal impact on the neighborhood.

3.      The impact of the proposed use on public facilities.

All public facilities are in place here and this proposed business is not a significant consumer of water, sanitary sewer, and electricity services.

4.      The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.

This Special Use Permit would allow one additional land use not already permitted by right in a C-2 district.

5.      The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.

Based upon the site’s zoning and long use as a commercial property, it is not expected to affect any of these issues.

6.      The extent to which the proposed use will create excessive stormwater runoff, air pollution, noise pollution or other environmental harm.

As this is a developed site, there will be no change in stormwater drainage.  This small shop in an existing building will not create any more extensive noise, air or environmental pollution than other uses that don’t require a Special Use Permit.

7.      The extent to which there is a need for the use in the community.

The maximum number of body art shop locations in the city is restricted to eight.  As a few shops have shuttered recently, the total number of active shops now stands at six; this proposed business would be the seventh location.

8.      The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article.

If approved with a Special Use Permit, the application appears to satisfy the requirements Section 14-416 of the Unified Development Ordinance.

9.      The extent to which public facilite and services are avaliable and adequate to meet the demand for facilities and services generated by the proposed use.

This is an long existing commercial property, all public facilities in place and operational.

10.  Conformance of the proposed use to the comprehensive plan and other adopted plans and polices.

The City’s updated Comprehensive Plan envisions Commercial Use for this site.

11.  The extent to which the use will impact sustainability or revitalization of a given area.

This Special Use Permit would allow this business to utilize a vacant commercial property helping to sustain the Square. 

 

Draft Planning Commission minutes:

"Case 22-200-01 – Special Use Permit – 217 S. Main Street

Staff Presentation

Brian Harker presented the case.  Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning.  He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.  Mr. Harker reviewed several conditions, including:

1.        This special use permit is restricted to only 217 S. Main St.

2.       An opaque door (wood or metal) shall be installed on the existing trash enclosure.

3.       The parking lot shall be clearly striped.

4.       A van accessible handicapped space with marking and sign shall be provided.

5.       The applicant will obtain and maintain all applicable City and State licenses and comply with all health requirements.

 

Applicant Comments

Jeremy Taylor, 717 SW 29th Street, Blue Springs, stated the inside will look more like an art gallery than a tattoo shop.  He stated this will be a private studio and will focus on both tattoos and art.  Mr. Taylor said the shop will operate by appointment only. 

 

Myong Pak-Schuman, 329 SE Chelsea Lane, Lee’s Summit, stated she is the owner of the building.  She advised the inside has been completely redone.  There will be two bathrooms, a mop room, and storage area otherwise; it is one big open space.  This will allow the space to have an art gallery feel where tenants can display art and sculpture while providing tattoos.

 

In response to Commissioner Nesbitt’s question, Mr. Taylor stated he and his wife will be the only employees, no other artists, apprentices, or other staff. Mrs. Taylor will mainly do painting and sculpting, and he does most of the tattooing.  Adding on, Mr. Taylor responded to Vice Chairman Preston that their hours of operation would be 11:00 am to 4:00 pm but it is a private studio by appointment only.

 

In response to Commissioner Ferguson’s question, Mr. Taylor said there will not be a lot of signage on the building. 

 

In response to Commissioner Wiley’s question, Ms. Pac-Schuman stated they were okay with all the conditions as stated by staff.

 

Public Comments

No public comments.

 

Motion

Commissioner Wiley made a motion to approve Case 22-200-01 – Special Use Permit – 217 S. Main Street, with conditions as stated by staff.  Commissioner Ferguson seconded the motion.  The motion passed with five affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
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Community Development DepartmentApproved
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City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
Letter from ApplicantBackup Material
Application PacketBackup Material
Notification LetterBackup Material
Notification AffidavitBackup Material
Notification InformationBackup Material
Plot PlanBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material