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DATE: October 20,
2008
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a specific use permit to allow a tattoo
parlor in the CBD (Central Business District)
FILE: 1959-P
STAFF REPORT
The Planning Manager recommends denial.
Calvary Enterprises, dba Divine Ink Gallery, has applied for a specific
use permit to allow a tattoo parlor in the CBD (Central Business
District). The property is located at 665 Orleans.
On June 9, 2008, Jason and Andrea Boever applied for a certificate
of occupancy to allow the operation of a tattoo shop and beauty salon
and spa at the site of a former beauty school. The certificate of
occupancy was approved for the beauty salon only. The Boevers
explained that part of the beauty salon services would include the
applying of permanent makeup such as eye shadow and lip gloss.
Those procedures were recognized as being part of the normal
operation of a beauty salon.
However, the Planning Manager told the Boevers that a tattoo shop
that applied body art would require a specific use permit. On July
22, 2008, the Boevers were notified by certified mail that the City
had conducted an investigation and found that a tattoo shop was
illegally operating at 665 Orleans. Advertising for the business states
that custom tattooing is one of the services provided. Despite their
agreement to not offer tatoos at the time of the application to the
City and warnings from the City=s Zoning Inspector, the operators
continued to sell tattoos and advertise extensively for such a service.
Application for the specific use permit for the tattoo shop was
submitted on August 1, 2008.
Divine Ink Gallery & Salon is a full service cosmetic salon offering
cutting and coloring of hair, barber shop services, massage therapy,
spa and facial treatments, makeup application, permanent makeup
application and custom tattoos. The Boevers state that they are
licensed by the Texas Department of State Health Services for the
application of both permanent makeup and custom tattoos.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 15 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tract 1, Lots 199 and 200, Block 40, Beaumont Addition,
City of Beaumont, Jefferson County, Texas, containing 0.33 acres,
more or less.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 30-26.E, ZONING ORDINANCE)
Application
Application
is in is not in
Comments
Compliance
Compliance Attached
CONDITIONS:
1. That the specific use will be
compatible with and not injurious
to the use and enjoyment of other
property, nor significantly diminish
or impair property values within
the immediate vicinity;
X X
2. That the establishment of the
specific use will not impede the
normal and orderly development and
improvement of surrounding vacant
property;
X
3. That adequate utilities, access
roads, drainage and other necessary
supporting facilities have been or
will be provided; X
4. The design, location and arrangement
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traffic without adversely affecting
the general public or adjacent
developments; X
5. That adequate nuisance prevention
measures have been or will be taken
to prevent or control offensive odor,
fumes, dust, noise and vibration; X
6. That directional lighting will be
provided so as not to disturb or
adversely affect neighboring properties; X
7. That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property; and X
8. That the proposed use is in accordance
with the Comprehensive Plan.
X X
ANALYSIS continued
This application is in conformance with five of the eight conditions
necessary for approval. Comments on Conditions 1 and 8 follow:
1. The purpose for requiring a specific use permit for new
uses in the Central Business District is to allow City
Council an opportunity to determine what effect each use
will have on the viability of the downtown area. It is
the desire of City Council that each permitted use
compliment those surrounding it and not detract from or
diminish the value of neighboring properties.
8. The Comprehensive Plan designates the downtown for retail
trade, financial institutions, high rise offices and
residential complexes, hotels, tourist facilities, major
convention and cultural centers, recreational and
entertainment facilities and government offices.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Calvary Enterprises dba
Divine Ink Gallery
PROPERTY OWNER: Same
LOCATION: 665 Orleans
EXISTING ZONING: CBD (Central Business
District)
PROPERTY SIZE: 0.33 acres, more or less
EXISTING LAND USES: Beauty salon and spa
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial CBD (Central Business District)
EAST: Commercial CBD
SOUTH: Commercial CBD
WEST: Commercial CBD
COMPREHENSIVE PLAN: Central Business District
STREETS: Orleans Street - Local street with
a 61' wide right-of-way and a 40'
pavement width
GENERAL INFORMATION/PUBLIC UTILITIES continued
DRAINAGE: Curb and gutter
WATER: 6" water line
SANITARY SEWER
SERVICE: 15" sanitary sewer line
PROPERTY OWNERS
625 ORLEANS L P % KERRY KRAMER
CITY OF BEAUMONT
GOODHUE PROPERTIES LLC
GP REALTY & MANAGEMENT INC
INDIGENT HEALTH CLINIC OF SOUTHEAST TX INC
JEFFERSON COUNTY
JEFFERSON THEATRE LIMITED PARTNERSHIP
ROGERS BEN
ROGERS BROS LTD
SZAFIR NORMAN % NECHES ELE