5 May 14, 2014 Public Hearing

Transcription

1 5 May 14, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: ROBERT JEFFERY MOREAU REQUEST: Conditional Use Permit (Home Occupation Firearm Sales and Gunsmithing) ADDRESS / DESCRIPTION: 1405 Ships Landing STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: 9,573 square feet AICUZ: <65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for a Home Occupation to allow the sale of firearms. The applicant will be selling firearms and related shooting sport accessories online. Items available for sale will include handguns, rifles, shotguns, holsters, cases, ammunition, targets, scopes and other miscellaneous accessory items. The applicant will also perform minor gunsmithing services at their home. The applicant has extensive experience with firearms and will be the sole employee. There will be no signage identifying the home occupation. The actual sale of firearms and all transactions will take place online. When a firearm is purchased, the product will be sent to a federally licensed firearm dealer located in the jurisdiction where the purchaser resides. In addition to obtaining this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. Any firearm that arrives on-site will be stored in accordance with ATF regulations. The applicant owns a 525 pound safe that is stored in the house. This safe will hold any amount of firearms that may be on the site. Page 1

2 A City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining this Use Permit. The applicant will contact the Police Department s Crime Prevention Office ( ) to schedule the assessment. A report will be written by the Police Department, a copy will be provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. The assessment will consist of the following items: Inspect all exterior lighting and recommend strategies for best lighting practices to be used; Inspect all landscaping, looking for any conflict with lighting and any areas where there may be places to hide; Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary (break-ins); Inspect all interior and exterior doors to determine the adequacy of their strength against penetration by prying, force, or any other means; Inspect and review any alarm system that may be installed in the home; Inspect the room and safe where any firearms, firearms supplies, firearms parts, and money may be stored as it pertains to the Conditional Use Permit to operate the business; and Ascertain who resides in the home. If there are children, the assessing officer will review safety measures as it pertains to firearms and children. EXISTING LAND USE: Single-family home LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Single-family homes / R-7.5 Residential District South: Lake Christopher / R-7.5 Residential District East: Ships Landing Single-family homes / R-7.5 Residential District West: Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a single family home. There are no known significant cultural features on the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: This home-occupation is to be conducted solely within the residence and no building or site modifications are being proposed, therefore no design comments are necessary. IMPACT ON CITY SERVICES Other than the inspections and service provided by the City s Police Department, this use will have no direct impacts on City services. Page 2

3 SPECIFIC STANDARDS FOR HOME OCCUPATION USE PERMITS Section 234 of the City Zoning Ordinance provides standards that regulate a Use Permit for a Home Occupation: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-car homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be me off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, not illuminated, not to exceed (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. EVALUATION AND RECOMMENDATION The applicant is requesting a Home Occupation for the sales and gunsmithing of firearms. The applicant is the sole employee, and all firearms will be stored on the premises in accordance with ATF regulations. Additionally, a security assessment of the home has been done by the Police Department s Crime Prevention Office, and the property was found to be in compliance. From the exterior of the home, business activity associated with this proposal will be undetectable. This use will not change the character of the neighborhood or adversely affect the surrounding properties due to the minimal activity expected with the use as well as the fact that no new construction is proposed. The proposed home occupation is consistent with the Comprehensive Plan, and supports one of the City s desired outcomes to ensure the opportunity to start and grow a business, or for one to enter into and prosper in the local job market (p. 1-2). Staff finds that the proposed in-home business meets the specific standards for a Home Occupation as provided by Section 234 of the Zoning Ordinance; therefore, staff recommends approval of this request with the conditions listed below. Page 3

4 CONDITIONS 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant s property only, secured by the applicant s signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 SITE SURVEY Page 6

7 1 ZONING HISTORY # DATE REQUEST ACTION 1 08/08/2000 Change of Zoning (R-7.5 to A-12) Approved Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9