Section 14-416-01-B of the Unified Development Ordinance (UDO) limits the total number of “Body Art Services”, which includes tattoo shops, to one for every 15,000 residents of the City. As of the 2020 decennial census, the number of Body Art Service businesses that can operate in the city is capped at eight. However, there are currently only four such businesses operating in Independence. Which means that four additional Body Art Service businesses can obtain business licenses before the cap is reached.
Further, section 14-16-01-A of the UDO requires body art services in C-2 (General Commercial) districts require a Special Use Permit when they are within 500 feet of any residential use, church, school, or public park. This property lies within 500 feet of the Noland Road Baptist Church and thus requires a Special Use Permit.
PHYSICAL CHARACTERISTICS OF PROPERTY:
The property itself is a rectangular lot that sits on the west side of Noland Road. The building on the property faces north and contains several commercial spaces.
CHARACTERISTICS OF THE AREA:
The property is primarily surrounded by various commercial uses. The Noland Road Baptist Church that lies to the northeast of the property is the only non-commercial use in the nearby area.
ANALYSIS
Consistency with Independence for All, Strategic Plan:
This proposed use could help support the economic prosperity of this segment of the Noland Road corridor by the occupation of a unit in an existing commercial building.
Comprehensive Plan Guiding Land Use Principles:
The City Comprehensive Plan recommends a Business Park use for this site. This segment of Noland Road has had commercial zoning and uses for decades and is expected to remain here for the foreseeable future.
Historic and Archeological Sites:
There are no apparent historic or archeological issues with this property.
Public Utilities:
All utilities are present in the adjacent rights-of-way.
REVIEW CRITERIA:
Recommendations and decisions on special use permit applications must be based on consideration of all the following criteria:
1. Compatibility of the proposed use with the character of the neighborhood.
The ARTS District contains a mix of small businesses such as restaurants, art galleries, offices, small retail stores, a banquet hall, and a hair salon. The building where the applicant seeks to locate has primarily been leased for office uses. The rental of one of the units in this building should not have an effect on the character of the neighborhood.
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 district and this proposed use should have minimal impact on the area.
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 an additional land use not already permitted by right in the ARTS 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, virtually covered with impervious surfaces, there will be no change in stormwater drainage. This small shop in the 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 four; this proposed business would be the fifth 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 facilities and services are available 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 Mixed 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 rental space in an existing commercial property helping to sustain the commercial base of the area.
Draft Planning Commission minutes:
"Case 24-200-02 – Special Use Permit – 4516 S. Noland Road
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 outlined the following conditions:
1. This Special Use Permit is limited to the unit at 4516 S. Noland Road and does not apply to the entire property.
2. The applicant will obtain and maintain all applicable City and State License and comply with all health requirements.
Applicant Comments
Carlota Vitti, 19305 E. Ponca Terrace, stated her boyfriend is the business owner and took tattoo classes in Cuba. She said he focuses on portraits and has been appointment based since the pandemic.
Public Comments
No public comments.
Motion
Commissioner Nesbitt made a motion to approve Case 24-200-02 – Special Use Permit – 4516 S. Noland Road, with conditions as outlined by staff. Commissioner L. Wiley seconded the motion. The motion was approved with seven affirmative votes."