D3 March 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MATTHEW ALVES REQUEST: Conditional Use Permit (Home Occupation / firearm sales and gunsmithing) ADDRESS / DESCRIPTION: 2445 Brush Creek Lane STAFF PLANNER: Kevin Kemp GPIN: 14978001110000 ELECTION DISTRICT: BEACH SITE SIZE: 75,080 square feet AICUZ: Greater than 75 db DNL / APZ-2 APPLICATION HISTORY: On February 12, 2014, the Planning Commission deferred this application, as the public notice sign had not been posted on the property. 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 gunsmithing, selling, assembling, refinishing, customizing, and providing parts and service for firearms. The applicant has extensive experience with firearms, will be the sole employee, and will perform the work in the attached garage of the applicant s house. There will be no signage identifying the home occupation. The actual sale of firearms and all transactions will take place online or at local trade shows. 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 the business. Any firearm that arrives on-site will be secured in accordance with ATF regulations. The applicant owns a 400-pound safe that is stored in the house. This safe will hold any amount of firearms that may be on the Page 1
site. The applicant also has an alarm system on the home. In addition to these safety precautions, there is a dog on the premises. 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 (385-1066) 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 dwelling LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Brush Creek Lane Single-family dwelling / R-10 Residential District South: Commercial Storage Units / I-1 Light Industrial District East: Single-family dwelling / R-10 Residential District West: Single-family dwelling / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The southern portion of the site contains a stormwater retention pond. The site is located in the Chesapeake Bay Watershed. A portion of the site is in the Resource Protection Area (RPA). There are no known significant cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Special Economic Growth Area (SEGA) 2 - West Oceana. Much of SEGA 2 is subject to Navy restrictive easements and all of the area is inside the highest AICUZ. Single-family dwellings are not compatible within this AICUZ and are not consistent with the recommendations of the Comprehensive Plan for SEGA 2. The existing single-family dwellings in this neighborhood, however, were developed on parcels zoned R-10 Residential in the 1970s. Page 2
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. SPECIFIC STANDARDS FOR HOME OCCUPATION USE PERMITS Section 234 of the City Zoning Ordinance provides specific 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-care 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 met 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 one (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, gunsmithing, assembling, refinishing, and customization of firearms. The applicant is the sole employee, and all firearms will be stored on the premises in accordance with ATF regulations. The premises will also have a home security system. Additionally, a security assessment of the home will be done by the Police Department s Crime Prevention Office within one month of the granting of this Use Permit. 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). Page 3
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. 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 495. 4. 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. Page 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 5
AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA Page 6
PHYSICALSURVEY OF SITE Page 7
PHOTOGRAPH OF DWELLING AND LOT Page 8
3 6 5 1 2 4 ZONING HISTORY # DATE REQUEST ACTION 1 09/22/2009 Conditional Use Permit (Bulk Storage) Approved 2 09/25/2007 Conditional Use Permit (Automobile Repair Garage) Approved 3 12/13/2005 Conditional Rezoning (R-10 to I-1) Approved 4 02/26/2002 Conditional Use Permit (Tattoo Parlor) Approved 5 03/28/2000 Street Closure Approved 6 01/23/1978 Rezoning (I-1 to R-5) Approved Page 9
DISCLOSURE STATEMENT Page 10
DISCLOSURE STATEMENT Page 11