Applicant and Property Owner Public Hearing January 13, 2016 Request Conditional Use Permit (Home Occupation- Firearm Sales) Staff Planner Kevin Kemp Location 1305 Willowood Lane GPIN 24081772120000 Election District Lynnhaven Site Size 10,300 Square Feet AICUZ Less than 65 db DNL Existing Land Use Single-family dwelling Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-10 Residential South Single-family dwellings / R-10 Residential East Single-family dwellings / R-10 Residential West Single-family dwellings / R-10 Residential Page 1
Background and Summary of Proposal The applicant is requesting a Conditional Use Permit for a Home Occupation to allow for the sale of firearms. The applicant intends on consulting on new, custom order firearms and selling them to referrals, retired military, police, and other private security officials. All consulting and sales will be by appointment only. The applicant will be the sole employee and there will be no signage identifying the home occupation. In addition to this Conditional Use Permit, the applicant will obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. 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 and a copy will be provided to the home owner and the Planning Department. 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 area 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 adequacy of their strength against penetration by prying, frce, 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. Zoning History # Request MOD (Columbarium) Approved 01/12/2010 1 CUP (Church Addition) Approved 12/08/1998 1 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2
Comprehensive Plan Recommendations Area Designation and Future Land Use Policies: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Natural and Cultural Resources Impacts The site in located within the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts The proposed home occupation use is not expected to have any impact on traffic volume. Public Utility Impacts Water The site is currently connected to City water. Sewer The site currently connects to City sewer. Evaluation and Recommendation Section 234 of the City Zoning Ordinance provides specific standards that regulate a Use Permit for a Home Occupation: (a) (b) (c) 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. 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. 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. Page 3
(d) (e) 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. 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. The proposed home occupation use, in Staff s opinion, will not change the character of the neighborhood, and as long as the conditions are met, will not have any adverse affect on safety to the surrounding properties. The proposed use 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. Staff finds that the proposed in-home business meets the specific standards for a Home Occupation as provided in Section 234 of the Zoning Ordinance; therefore, staff recommends approval of this request with the conditions listed below. Page 4
Recommended Conditions 1. Any firearm 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 s 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 (home owner) 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 fo the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) thorugh 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 twenty (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. 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
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