Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 18-0051st R

Agenda Title:

18-005 - 1R. An ordinance approving a Special Use Permit to operate a body art shop for Micropigmentation at 3740 S. Noland Road in Independence, Jackson County, Missouri.
Recommendations:

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

  1. Procedures on the premises is restricted to permanent makeup (Micropigmentation) only, the application of other forms of body art is prohibited.  The expansion of the business to include other body art will require amendment of the Special Use Permit through the standard Code process.
  2. The applicant must obtain and retain all necessary State and City permits and licenses.

 

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

Commissioner Goldesberry

-

Yes

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

Commissioner Boley

-

Absent

Commissioner Read

-

Yes

Commissioner Ferguson

-

Yes

 

 

 

 

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

Executive Summary:

Ms. Chavez currently operates ‘Lena’s Makeup Studio’ on S. Noland Road where her business sells beauty products and provides services such as makeup consultation and waxing.  She would like to expand her business to offer permanent makeup services.  

Background:

‘Micropigmentation’ is a cosmetic procedure where colored pigment is applied to eyebrows, lips and eyelids to resemble makeup.  For now, this procedure will comprise only a minor portion of her business, the sales of makeup products and related services will still be the majority of her revenues.  Ms. Chavez will be the only person doing the work and she has no plans to hire additional staff for this process. She also indicates she has no interest in pursuing any other forms of body art services.  In order to perform this procedure, Ms. Chavez must be licensed by both the State of Missouri and the City Health Department as a tattoo artist.  There are no special license for Micropigmentation.

 

No alterations will be made to the exterior of the building for the business.

 

There are currently five (5) body art establishments in the City; this would be the sixth (6th) location if the special use permit was approved.  The maximum number of establishments allowed are seven (7).

 

Current Zoning and Proposed Special Use:  The City Code requires a Special Use Permit for all body art shops.  The approval of this Special Use Permit would allow only one additional land use not already allowed in a C-2 zoning district.  This three unit commercial building also contains a restaurant and a back/neck therapy office.

Special Use Permit Standards:  The following analysis is based on the review criteria in Section 14-704-09 of the Unified Development Ordinance.

A.    The character of the neighborhood – This segment of S. Noland Road includes an assortment of restaurants, offices, and small retail businesses.

 

B.     The extent to which the proposed use is compatible with the adjacent zoning and uses – This Special Use Permit would allow the additional use of the site for a body art service, the underlying zoning remains C-2, the same as many other properties along S. Noland Road. 

 

C.     The impact of the proposed use on public facilities – As this is an established commercial site; all public facilities are in place and operational. 

 

D.    The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations – This Special Use Permit will allow only one additional land use not already permitted by right by the C-2 classification.

 

E.     The extent to which the proposed use may injure or detrimentally affect the uses or enjoyment of property in the area – Based upon the site’s zoning and use as a commercial property, it has not expected to affect any of these issues.

 

F.      The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm – As this is an existing commercial property with no site improvements are planned, these items are not an issue.

 

G.    The extent to which there is a need for the use in the community – According to the applicant, there are other such businesses in the metropolitan area that perform such procedures but none in the immediate vicinity.

 

H.    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.

 

I.        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 existing commercial building with all public facilities in place. 

 

J.       The conformance of the proposed use to the Comprehensive Plan and other adopted plans and policies – The Comprehensive Plan envisions Commercial uses for the segment of the S. Noland Road corridor with Low/Medium Density residential uses behind.  There are no special plans or policies for this site.

 

K.    The extent to which the use will promote and encourage sustainability or revitalization of a given area – This Special Use Permit will allow this business to expand its operations increasing its likelihood of success and thereby contributing to the sustainability of this segment of Noland Road

 

Planning Commission Action - At its December 12, 2017 meeting, the Planning Commission voted 6-0 to recommend approval of this application, with the above conditions, after considering the following facts:

 

1.                  That the Special Use Permit is consistent with the review criterion listed in Section 14-704-09 of the Unified Development Ordinance.

2.                  That the proposed business will locate in an existing commercial building with two other businesses.

3.                  That the applicant stated that she has no interest in applying traditional body art (tattoos) and has no objection to having a condition prohibiting such as part of the approval. 

4.                  That a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.

5.                  That, at the Planning Commission hearing, no one spoke in opposition to the application.

6.                  That no petitions protesting the application were presented at the Planning Commission meeting.

 

 

Draft Planning Commission minutes are attached to this Council agenda item.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Community Development DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
Draft PC SummaryBackup Material
AppBackup Material
Draft OrdinanceOrdinance
Staff ReportBackup Material