14 May 9, 2012 Public Hearing APPLICANT: JAMES KENNEDY VI

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1 14 May 9, 2012 Public Hearing APPLICANT: JAMES KENNEDY VI PROPERTY OWNER: BRIAN D. KENNEDY REQUEST: Conditional Use Permit - Home Occupation Sales (Firearms) STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: 3505 Byrn Brae Drive GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 24,881 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST This is a request for a Conditional Use Permit for a home occupation to allow sales of firearms. The applicant intends to specialize in 1911 pistols. The applicant has taken approved National Rifle Association of America (NRA) college level courses over the years for gunsmithing. The applicant will be gunsmithing, selling, assembling, accurizing, providing parts and service for firearms. The applicant will be the sole employee. The hours of operation will be 10:00 a.m. to 4:00 p.m. Monday through Friday with an appointment. Some sales will come from the internet. In addition to obtaining approval of this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. Any firearms that arrive on-site will be secured in accordance with ATF regulations. The applicant owns a large gun safe (23 cu ft.) and a large steel locker that locks. These containers will hold any amount of firearms that may be on site. The applicant has purchased four cameras for security and will install an alarm system for the house. In addition to these safety precautions, there is a dog on the premises. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: Single-family homes / R-10 Residential District Single-family homes / R-10 Residential District Byrn Brae Drive Single-family homes / R-10 Residential District Eastern Branch of the Elizabeth River Single-family homes / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The property is located within the Chesapeake Bay Watershed and is directly on the Elizabeth River. There are no known significant cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area. The objective of the Suburban Area policies is to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Byrn Brae Drive in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area TRAFFIC: Street Name Byrn Brae Drive Present Volume Present Capacity Generated Traffic No existing traffic counts available for this Existing Land Use 2 roadway. 10 ADT Proposed Land Use 3 12 ADT 1 Average Daily Trips 2 as defined by one single family dwelling 3 as defined by one single family dwelling & home occupation TRAFFIC ENGINEERING: The proposed use will have no significant traffic impact. FIRE and RESCUE: No comments. Page 2

3 WATER and SEWER: There are no expected impacts to City water and City sewer. EVALUATION AND RECOMMENDATION This application is for a home occupation to allow the sales of firearms, gunsmithing, assembling, accurizing as well as providing parts and service for firearms. The applicant states that he is the sole employee and all firearms will be stored on the premises in accordance with ATF regulations. The premises will also be alarmed and have security cameras. From the exterior of the home, business activity associated with this proposed home occupation will be virtually undetectable. The character of the neighborhood should not change as no new construction is proposed with this request. Overall the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. 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 business is within the characteristics outlined in Section 234 of the Zoning Ordinance regarding home occupations. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The conditional use permit for a home occupation firearm sales, gunsmithing, assembling, accurizing as well as providing parts and service for firearms is approved for a period of one (1) year with an administrative review and renewal (if appropriate) every year thereafter. 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. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. 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. 5. No employees shall be employed on the property associated with this home based business. 6. Delivery of firearms to the property shall be secured by only the applicant s signature. 7. 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. Page 3

4 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 NO ZONING HISTORY TO REPORT Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9