HomeMy WebLinkAbout42-09 RESOLUTIONRESOLUTION NO. 42-09
A RESOLUTION TO AFFIRM THE PLANNING
COMMISSION'S GRANTING OF A CONDITIONAL USE
PERMIT (CUP 08-3 I 58)
WHEREAS, an appeal of the Planning Commission's approval of CUP 08-3158
(Wilkins) was properly brought to the City Council, and
WHEREAS, the City Council conducted a full hearing including comments from the
applicant, neighbors and all interested persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FO THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby affirms the
Planning Commission's approval of CUP 08-3158 (Wilkins) with all stated terms and conditions
of approval.
PASSED and APPROVED this 17th day of February, 2009.
ATTEST:
By:
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SONDRA E. SMITH, City Clerk/Treasurer
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City Council Meeting of February 17, 2009
Agenda Item Number c2 191
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CITY COUNCIL AGENDA MEMO (Prii<in5
To: Mayor and City Council
Thru: Don Marr, Chief of Operations
From: Jeremy C. Pate, Director of Cun-ent Planning
Date: January 26, 2009
Subject: Appeal for Wilkins (CUP 08-3158)
RECOMMENDATION
The Planning Commission voted to approve the subject Conditional Use Penn t request, CUP
08-3158 (Wilkins), with a vote of 7-1-0 (Commissioner Graves voting "no"). Minutes from
the meeting are included in this packet. The President of the Jennings -Plus Neighborhood
Association has requested three members of the City Council to appeal the Planning
Commission decision (see attached letter).
Planning Staff' recommended approval of the requested Conditional Use Pennit, finding that
granting the Conditional Use to operate a small-scale tattoo business (Use Unit 17) adjacent
to Archibald Yell Boulevard, a 5 -lane highway and major north/south corridor in an existing
commercial center, will not adversely affect the public interest and is compatible with the
surrounding properties and businesses.
BACKGROUND
•
In an attempt to resolve a use and sign violation, the applicant submitted an application to
the Planning Division for a Conditional Use Permit to operate a Tattoo Business (Use
Unit 17) on the subject property. In part, because the City does not have a Business
License, the applicant was not aware of the requirements for locating his business at this
address. Staff discovered the use violation on the subject property in August 2008 while
investigating a sign violation on the site.
Prior to the rezoning of the property for the Downtown Master Plan in 2005, the subject
property was zoned C-2, which allowed Use Unit 17 as a permitted use. Due to the high
intensity associated with specific uses included in the C-2 zoning district and the mixture of
existing uses in the area that range from civic to residential, the property was rezoned as part
of the Downtown Master Plan rezoning to the Downtown General zoning district, which
allows uses classified under Use Unit 17 only with Planning Commission approval of a
conditional use permit. Use Unit 17 contains a variety of uses that range from high intensity
uses, such as "Retail Trade Establishments" (car sales/service/repair, used car lots, farm
supplies/equipment/repair, and manufactured home sales), to low intensity uses, such as
"Personal Help" (bindery, rug cleaning/repair, radio/television repair, tattoo services,
taxidermist).
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City Council Meeting of February 17, 2009
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission meeting on December 08, 2008.
The Planning Commission voted to table the request to the next meeting. The item was heard
again at the Planning Commission meeting on January 12, 2009 and was approved. Minutes
from both meetings are attached to this report.
Staff finds that the requested use is a low intensity use identified as "Personal Help", as it
does not produce noise, odor, glare, smoke, dust, debris, large amounts of waste,
vehicular/large truck traffic, vibrations, or any other adverse impacts on adjacent and
surrounding properties. Staff finds that the proposed use will have less impact on the adjacent
properties and surrounding neighborhood than many uses permitted by -right in the
Downtown General zoning district. After a discussion with staff regarding the operation of
the proposed use, an inspector of tattoo establishments from the Arkansas Department of
Health has verified that the applicant's establishment produces significantly less infectious
and contaminated waste than a dental clinic or medical clinic. Upon staff's request, the
Fayetteville Police Department has provided information (included in this staff report)
regarding the use located on the subject property, as well as similar uses in the city limits,
finding there are no specific concerns with similar or larger operations of a similar nature in
the City.
Staff finds that the use is a professional use, requiring apprenticeships, testing, certification,
and licensing by the Arkansas Department of Health. Staff finds that the business is
comparable to a small beauty salon or barber shop, providing a personal service. Staff has
found through additional research that many cities consider and classify tattoo businesses as a
similar use to a beauty salon or barber shop and zone for them accordingly, recognizing that
the tattoo industry has changed considerably in the past few decades and is not associated
with the same negative impact to the community such as vagrancy, fighting, drinking issues,
or criminal activity. Staff does not find it appropriate to categorize this use with other adult
uses, such as bars or other adult establishments, finding that the use merely provides a
personal service for the means of personal expression. While minors are prohibited by State
law from occupying adult live entertainment, bar, lounge, and sexually oriented
establishments, a minor is allowed by State law to occupy a tattoo establishment and to be
tattooed by a certified tattoo artist with parental or guardian consent provided on a State
approved consent form.
Residents have expressed concern with dangerous traffic conditions specific to Archibald
Yell Boulevard. Currently, the site is existing nonconforming, as the property has open
access to Archibald Yell Boulevard and Block Avenue, which does not comply with the
City's current access management policy; however, staff finds that the request to operate Use
Unit 17 in an existing structure does not constitute redevelopment of the site that would
enable the City to require site improvements. Chapter 166.08, regulating access to properties,
only requires improvements to access upon expansion or improvements greater than 50% of
the property value or gross floor area or volume.
Staff finds that the permitted uses in the Downtown General zoning district, including
restaurants, dry cleaners, supermarkets, retail, medical clinics, multi -family dwellings, and
social and welfare agencies, would likely generate a substantially higher traffic volume than
City Council Meeting of February 17, 2009
Agenda Item Number
the proposed use. Furthermore, should any of these permitted uses operate in any of the
existing structures on the site, it is likely that the permitted use would not meet the threshold
established by the Unified Development Code to constitute site improvements and would
further contribute to the high traffic volume carried by Archibald Yell Boulevard unless a
major expansion or major improvements to the building were to occur. Staff finds that the
low traffic volume generated by the use (3 to 5 customers per day) will not create or
exacerbate a dangerous traffic situation in the area.
The proposed use is compatible with adjacent properties and uses given the mixture of uses
in the surrounding area, which include retail, office, personal services (barber shops and
beauty salons), a drug store, restaurants, multi -family dwellings, single-family dwellings, a
child care center, professional offices, civic uses, and home occupations. Staff finds that the
requested use and the operation associated with the use do not pose a threat to the properties,
businesses, and residents in the district; however, conditions of approval have been included
to ensure that the requested use continues to remain compatible with the other uses in the
district. Additionally, staff finds that the State Department of Health strictly regulates the
requested use to further ensure the safety of the public.
Staff finds that the hours of operation, as proposed by the applicant, are similar to the hours
of operation for an eating place, Use Unit 13, a permitted use in the Downtown General
zoning district, which would produce a greater amount of traffic and noise than the requested
use. Staff finds that the hours of operation are compatible with the surrounding area and will
not have an adverse impact. Outdoor music is not proposed for this property, and staff finds
that the operation of the requested use would not produce noise that would affect adjacent or
nearby properties. However, the noise ordinance would apply to the subject property and the
Downtown General district is classified as a residential zone for the purposes of Chapter 96,
Noise Control.
Staff finds that the requested use is lower in intensity and impact than many other permitted
uses in the district, as well as other uses allowed by conditional use pennits that have been
approved in the vicinity. As a point of comparison, in April 2008, the Planning Commission
approved a conditional use permit (CUP 08-2942 Natural State) to operate a message therapy
and acupuncture (a therapeutic practice involving needles) business for property located at
534 Huntsville Road (approximately one-half mile from the subject property) surrounded by
single-family residences. The request was submitted after staff received a report of a code
violation at the subject property for operating a home occupation without a conditional use
permit. The property owners applied for the home occupation in an effort to remedy the use
violation. The property owners were also required to resolve a sign violation associated with
the use violation on the subject property. With the hours of operation approved by the
Planning Commission and the operation described by the applicant, a maximum of 10
patients/clients can be treated at the subject property each day, which far exceeds the number
of customers anticipated by the proposed tattoo shop. The applicant anticipates 3 to 5
customers per day, based on current business.
STAFF RECOMMENDATION
Based on the findings in the staff report, staff recommends in favor of the Conditional Use
Permit, with several conditions. First, the applicant shall comply with the Arkansas State
Department of Health Rules and Regulations Pertaining to Permanent Cosmetic and Tattoo
City Council Meeting of February 17, 2009
Agenda Item Number
Establishments. The applicant shall maintain the necessary Certification required by the
Department of Health for a tattoo and piercing establishment and shall provide proof of said
certification upon request by the Planning Commission. As proposed by the applicant, hours
of operation for the tattoo establishment shall be limited to Sunday through Thursday, 12:00
PM — 9:00 PM, and Friday and Saturday, 12:00 PM to 11:00 PM. Expansion or modification
of the business will require a new conditional use request. Existing and proposed signage
shall be wall mounted and approved by a separate sign permit application. All signage
associated with the requested use shall comply with Chapter 174, Signs, of the UDC. Any
required trash enclosure shall be screened with access not visible from the street and shall
comply with the requirements of Chapter 166.14(D)(4)(b) of the Unified Development Code.
Pursuant to the requirements of the Arkansas Department of Health, all parts of the shop and
its premises shall be kept clean, neat, and free of litter and rubbish by the applicant. Violation
of these conditions of approval shall be considered grounds for revocation of the conditional
use permit.
BUDGET IMPACT
None.
To:
From
Re:
Cc:
Date:
Fayetteville City Clerk
Brenda Thiel- Ward 1, position 2 Council Person
Adella Gray- Ward 1, position 1 Council Person
Shirley Lucas- Ward 4, position 1 Council Person
Alan Ostner- President, Jennings- Plus Neighborhood Association
Appeal of Conditional Use 08-3158 for Lowlife Tattoo Parlor
City Attorney Kit Williams
Friday January 23, 2009
To Whom It May Concern:
RECEIVED
JAN 2 2 2009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
We would like to present the Conditional Use 08-3158 granted for Lowlife Tattoo
Parlor at the January 12, 2009 Planning Commission meeting for Appeal to the
Fayetteville City Council. We believe the Conditional Use was granted without
Lowlife complying with several requirements of a Conditional Use as proscribed
by Fayetteville Unified Development Code. Some, but not all, of those UDC
sections are:
Sect. 163.02 C 3 (b) "That the granting of the Conditional Use will not adversely
affect the public interest"
Sect. 163.02 C 3 (c) 2 (a) and (b) "That sPc • - wisions have been
made....concerning ingress and
safety and off street pP/1-:
within the district—
Sect. 163.02C\
163.02 C \
other property wi
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In adjoining properties
\ent properties and
The property for L‘
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Thank You
Brenda Thiel
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Planning Commission
January 12, 2009
Page 5 of 17
CUP 08-3158: (WILKINS / S. ARCHIBALD YELL, 523): Submitted by COLLIN WILICINS for
property located at 275-2 SOUTH ARCHIBALD YELL BLVD. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 0.33 acres. The request is for a Tattoo Shop
in the DG, DOWNTOWN GENERAL zoning district.
Dara Sanders, Current Planner, gave the staff report, discussing findings of economic impact and
compatibility that have been expanded since the previous planning commission meeting. Based on
the application and review of the request, staff recommends approval of the project request, with
conditions as listed in. the staff report.
Collin Wilkins, applicant, discussed traffic issue's brought up at the previous meeting. At the last
meeting it was said that this intersection is a deathtrap. I strongly disagree. The approach is 50' wide
between the curb cuts, there is plenty of room to pull in and out. Visibility is not an issue. I only
have on average 3-5 customers per day, so I don't understand the traffic issue. Regarding property
values, as discussed in the staff report property values surrounding Knight Times tattoo have gone up
since that business has been there. That tattoo shop did not drive down the surrounding property
value, so that's not an issue. Regarding the contamination issue, the only way you are going to get
contarninated is if I use dirty needles. He discussed State health regulations, inspections, licensing
equipment. He discussed disposal of needles; used needles go in a sharps container and are disposed
of at a medical store. The contamination factor is not a factor. He discussed the name, and
originally wanted Southside Tattoo, but it was used elsewhere. He has spent $900 on the name of
business and sign, and can't afford to change it. He is not happy with the look of the temporary
signage on the side of the building and will be removing that regardless of tonight's decision.
Regarding character, he is not sure if they're talking about the name of the business or the clientele.
Going rate for a tattoo is $100/hour, so trouble -makers aren't going to be flocking to my shop
because it's a tattoo shop. I feel this is a form of discrimination on my business, and the comments
don't hold water. In the staff report there is evidence to contradict every complaint made. He
discussed signatures on a petition in the neighborhood that approve of his being there. The facts
disprove these complaints.
Public comment:
Alan Ostner, President ofJennings Plus Neighborhood Association, the neighborhood area is across
the street from Lowlife Tattoo. I was here last time. I won't reiterate everything I said. I had a
petition last time of property owners who don't think this establishment is compatible. I don't know
Mr. Wilkins. I don't have a problem with the establishment, I have a problem with the location. The
Fayetteville Unified Development Code allows Use Unit H17 as a Conditional Use; so it's not a form
of discrimination. Conditional Use Permits get denied all the time. The staff report says there are all
sorts of businesses around it, including restaurants, and auto paris stores, but they're all a quarter -
mile away. I can't see any of that from here. He discussed Bungalow Babies (daycare) one house up
the street. I have concem with Lowlife Tattoo being next door. I have conflicting opinions about part
of the staff report. I appreciate the research on other cities allowing this use as a use by right, but we
don't. Why didn't the City Council and the people of Fayetteville say this use should be allowed by
right in this zoning district? I don't feel it is compatible next to upscale retail establishment that will
be coming in with Mr. Ball. 1 don't feel this tattoo parlor is a touchstone for future development in
Planning Comnzission
Januazy 12, 2009
Page 6 of 17
this site. 1 think this is an incompatible use and 1 wish for you to turn it down it tonight.
Rebecca Latourette, citizen, owns property at 205 W. South St., half -block from thi business. This
business has demonstrated a lack of regard for compliance by starting this business and continuing to
operate without a permit. A person is entitled to call their business whatever they want, but the fact
of the matter is this business is not permitted by zoning. I don't know if this person is the owner of
the building or renting, but it might have made a difference. I understand this business is open until
11:00 PM, which may impact people that live nearby. Whether the signatures on the applicant's
petition are owners or renters makes a difference. I cannot compare this business to Knight Times,
because that's surrounded by businesses. It is not the same with this piece of property, which is
surrounded by residential housing. 1 am asking you to turn down this request for Conditional Use
Permit.
J.R. Ball, citizen, stated he owns building to the southwest at 118 W. South St. I bought the building
in 2008. I have mixed emotions about this. 1 am opposed to it because of what I'm trying to do with
this building. On the surface the business seems clean, and I've seen no problems while we've been
under construction. However, the perception of the public moves me'to be opposed to this. We have
5,000 square feet we are turning into retail/fashion design and art studio, art shows, etc. The
renovations are costing a lot of money. I have to be in opposition.
Dede Peters, citizen, owns an an gallery on Mountain Street. She quoted a study from 2006 showing
that 36% of Americans aged 18-25 have a tattoo, and 40% of Americans between 26-40 have a
tattoo. So tattoos are mainstream and no longer underground. If the City required a business license,
this could have been avoided. I believe tattoo shops, currently considered as Use Unit 17, should be
Use Unit 15, like the barber shop. There are some salons in town that offer cosmetic tattoos and are
allowed under their use unit. Tattooing requires skill, it is entrepreneurial, provides income tax, is a
local business contributing to the local economy. The tattoo industry falls in the creative sector, the
3 rd largest economy in the State. As a person doing business downtown, I feel it's vital to have retail
on the street level, and continue to be hospitable to the entrepreneurial spirit. With the amount of
people that have tattoos today, 1 feel some of the opinions expressed are prejudiced, uneducated, and
elitist.
Richard Russell, citizen, stated he lives at 401 S. College and has seen a lot of changes in the
neighborhood since 2001. I was encouraged when planning got involved in the area. I was a
beneficiary of the rezoning, and the fresh look at the area. During these years, I've seen quite a few
cases of people leaving and coming in, improving the area. I believe we should take some time and
Id the planning take shape into reality. 1 haven't had long enough to see the good that can come
from that careful and extended effort. For some reason, this use is not allowed, so let's be
considerate of that and work with some things that are allowed.
Christy Zweig, neighbor, stated she lives directly behind the building Mr. Ball bought. !have two
tattoos, but still don't think it's appropriate. I have invested a lot of money in my nearby property.
The owner of this business has said he doesn't have enough money to even change the name, so
obviously it's not a thriving business. Regardless of what it is, we don't need a business that's not
thriving. 11 won't be compatible with Mr. Ball's development, with the retail going in there.
Planning Commission
January 12, 2009
Page 70.17
Susan Pocrivnak, citizen, lives on West Fourth Street, discussed earrings coming into style in the
1960's. It was an anomaly then, but now quite common. Things change. She discussed tattoos and
the neighborhood area The tattoo shop looks the nicest in the area. I think "Lowlife" is tongue-in-
cheek and supposed to be funny. It's an art form. She stated that she is in support of the request.
Bob Stack, citizen, stated he was a retired real estate agent. I would like to see this approved. Mr.
Ball is doing a great job with what used to be next door. Tattoo is an art and conforms to the
neighborhood. As for the previous comment about having invested lots of money in nearby property;
when that money was invested, there was an adult novelty shop next door. This didn't just happen. I
think it's compatible. I don't see a big difference between this shop and a barber shop across the lot.
Laverne Cooper, citizen, stated she uses the corridor a lot. I noticed this portion of town was
looking better. A few days later, we see "Lowlife" 011 the building. We thought it was graffiti. I
don't think it's compatible with the neighborhood.
No more public comment was received.
Commissioner Kennedy asked if the needles don't mix with the regular trash.
Wilkins described the needle disposal process. Needles go into the sharps container and never
touch the trash; never go near it
Commissioner Cabe asked if we can hold the fact that he opened a business without a permit
against him.
Kit Williams, City Attorney, stated it is not one of the specific conditions. The major consideration
is compatibility. Once we began the Conditional Use Permit process, enforcement of the violations
were suspended.
Jeremy Pate, Director of Current Planning, discussed business licenses, Certificates of Zoning
Compliance. If businesses apply for a sign permit, building permit, etc., staff requires a Certificate
of Zoning Compliance. It's the best mechanism we've found for catching businesses that are
operating without a Certificate of Zoning Compliance.
Commissioner Cabe asked for clarification about Conditional Use Permits and whether the use is
technically "allowed."
Williams stated that it is not a use by right, where you would automatically have a right to put in the
use. It's certainly not illegal as long as the Planning Commission would grant the use. It's a use
that's questionable, where City Council feels it should sometiines be allowed and sometimes not be
allowed. That's why they make it a Conditional Use, to let the Planning Commission review the
situations. The real issue is general compatibility with adjacent properties and other properties within
the district. It's not defined very precisely because I don't think it can be. It's something where you
have to listen to the neighbors and use your own judgment on.
Planning Commission
January 12, 2009
Page 8 of 17
Commissioner Winston asked if this is in the Fayetteville Arts District boundary.
Pate stated that for the most part it follows the downtown district boundary.
Commissioner Anthes described boundaries of the Fayetteville Arts District as being the downtown
district, plus a finger that includes the Mill District and down eh Street to incorporate some studios
there.
Commissioner Winston asked if the boundary runs down Archibald Yell Blvd.
Commissioner Anthes said she does not recall, specifically.
Commissioner Winston asked about the boundary of the Walker Park neighborhood.
Pate stated that the northern boundary of that neighborhood was along Archibald Yell.
Commissioner Anthes asked about space currently used on the site as storage. Is storage a use
„
allowed in downtown zoning right now?
Pate stated that it was, as long as it was ancillary to another use.
Commissioner Anthes asked if staff has looked into that property.
Sanders stated that they have, and it is an ancillary use.
Commissioner Anthes stated that although Mr. Wilkins may not have done himself any favors with
his neighbors by selecting the business name he did, that the name of the business is a First
Amendmentlight protected by the U.S. Constitution and is not something we can talk about here in
this room. There's a convenience store around here called the Kum -and -Go, and I would think that
might be more offensive to others than Lowlife Tattoo. I thank Mr. Wilkins for knowing how to
spell. The other thing that has been distressing me from the general discussion is the implication that
a tattoo artist is an undesirable that will make neighborhoods lose their value and corrupt their
children. Given that these tattoo artists are licensed professionals, they have apprenticeships, take
written exams, pay license fees, subject to regular inspections by the State Health Department, I feel
we need to take them on that professional level and not ascribe some other perception on them that
may not be correct. There have also been comments made tonight about how the investment in this
small business in this property is somehow unequal to or less than other investments made in the
area. I don't think that is correct, either. We see many Conditional Use Permits come through after
the fact, but I find it's mainly because of not knowing the City procedures, and not a blatant
disrespect for the law. I'd like staff to tell us what all is included in Use Unit 17 besides tattoo
shops, because individual uses aren't called out for as permissible or impermissible, they are together
in a group, and the flavor of that group is what makes it a use by right or a conditional use.
Pate read the uses included in Use Unit 17 from the Unified Development Code. You will often see
Planning Conunission
January 12, 2009
Page 9 of 17
some of the included uses in other Use Units, which often poses a challenge in similar situations.
Commissioner Anthes stated that it solidifies her point. I was one of the Commissioners here who
evaluated the Downtown Master Plan zoning districts, and we went use unit by use unit through this
and made recommendations to City Council about what we thought should be allowed by right and
what should not be allowed. I believe my vote would have been that this was a use unit that
provided an intensity of use that shouldn't be automatically approved in the Downtown General
zoning district, and that intensity of use is tied to things like the car lots and things like the cabinet
shop and car repair and things that would make a lot of noise and may be intrusive to the
neighborhood. I don't think this particular shop with two employees and 3-5 customers per day
meets the kind of intensity that would be too much to handle in Downtown General which is a very
eclectic and mixed-use type of area To not approve this just because you don't like this type of
businesssomepeople don't like lawyers either, but it's not a reason you don't allow them in your
neighborhood. Regarding the findings on compatibility, under our charge here tonight with this
Conditional Use Permit, mostly the Planning Commission, while we do evaluate use, a lot of that use
is tied to building form, issues of traffic and access and development. In this particular case, it's a
business occupying an existing building that's not being renovated over 50% of its value, and for a
lot of the things that we have a lot of leeway with, they don't kick in for this particular project. Can
staff reiterate what the specific findings under compatibility are?
Pate discussed the findings listed in the staff report.
Commissioner Anthes stated she agreed with staff's findings, and as far as general compatibility,
since the building is not being altered but is being cleaned up. For me it comes down to whether a
licensed business subject to regular inspections by the State Health Department can be in this
location, and for myself I find that is yes, and I will be voting to support this application.
Commissioner Lack stated he finds in favor of compatibility with this establishment. The
discussion about the Cultural Arts District enforces that. This use is an enhancement of that district.
Motion:
Commissioner Myres made a motion to approve the request with conditions as listed in the staff
report. Commissioner Anthes seconded the motion. Upon roll call the motion passed with a vote
of 7-1-0, with Commissioner Graves voting no.
Planning Commission
December 8, 2008 -
Page 6 of 9
CUP 08-3158: (WILKINS / S. ARCHIBALD YELL, 523): Submitted by COLLIN WILIUNS
for property located at 275-2 SOUTH ARCHIBALD YELL BLVD. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 0.33 acres. The request is for a Tattoo
Shop in the DG, DOWNTOWN GENERAL zoning district.
Dara Sanders; Current Planner, gave the staffreport, detailing the background of the site and
previous uses. The business has been in operation since January 2008. A sign violation brought
this use to staff's attention. Finding that the low -intensity use compatible with surrounding uses
and zoning, staff is recommending approval with conditions as listed in the staff report.
Collin Wilkins, applicant, stated that the business actually opened in July 2008, not January. He
apologized for not getting permits, as he is not experienced in the process.
Public Comment:
Alan Ostner, neighbor, president of Jennings Plus Neighborhood Association. When the
Neighborhood Association saw the public notice sign, we took a vote The results were 14-2 that
we wanted the CUP denied. There would have been more votes within the Neighborhood
Association if there had been more time. The staff report findings state that there are no
substantial economic, noise, glare or odor effects. I disagree absolutely. If there are going to be
no economic effects, why isn't a tattoo parlor allowed by right? It is because there are special
circumstances that would allow a tattoo parlor in a neighborhood Off -Street parking and loading
was not thoroughly discussed in the staff report. Everyone who lives there knows that
intersection is a deathtrap. It's a good thing that businesses have not done well there, because
there would be a lot more vehicular and pedestrian problems. If these issues had been discussed
more thoroughly in the staff report, I don't think the determination would be to let this business
continue. The other item (C)(3)(c)(2)(h), last paragraph of staff report, discusses general
compatibility with adjacent properties. The finding is that the proposed use is compatible with
adjacent properties, low intensity use, and the business has been there since January. We have
just learned that it has not been in operation since January, only for a month or two. This
business is not compatible at all. If it were, it would be allowed by right In the applicant's letter
to Mr. Garner in the staff report, he states there would be nobody in the area to bother. Many of
us are offended by this, we live around the business, we drive by on a daily basis, and Mr.
Wilkins is saying that none of us count. This is not the case. We would like to see businesses
that are part of our neighborhood, not ones that go against us. This is not an appropriate use. It
would be a great use in another part of town, where there are grown-up activities going on, a mile
or two north or south on College where there are gentlemen's clubs, bars, bail bondsmen. I do
not have a problem with tattoo parlors, I have a problem with inappropriate zoning that destroys
neighborhood character, a neighborhood that is struggling to improve itself. This summer, 'This
Old House Magazine' published the Walker Park neighborhood as one of the best places in the
south to buy an old home. The article mentioned that the character is still in place and there had
been a Walker Park Master Plan that was supposed to "tidy up" the zoning. The economic
impact is real. Appraisers will lower the price of homes because they are near to a tattoo parlor.
Families are raising children in this neighborhood. My eight-year-old saw the Lowlife Tattoo
sign and asked me what a "lowlife" is, and 1 had to tell him. It's a funny name for a business, but
Planning Cornmission
December 8, 2008
Page 7 of 9
not in this neighborhood. Not against the business, against the location. It's an incompatible use
and destroys things that staff helped us build for the neighborhood. The Walker Park Master
Plan was a big step forward, so please don't move the neighborhood backwards and vote for this.
Rob Sharp, neighbor, stated he had several comments. Staffreport notes that the zoning used to
be C-2, but I am not sure what the point of that is, whether it is saying that had the request been
submitted years ago it wouldn't have been an issue, or if they are trying to track the trend from
what used to be allowed to what is now allowed under DG zoning. I participated in many of the
charrettes and don't recall anyone saying that what we need in the neighborhood is more tattoo
parlors. It's hard to see from Archibald Yell, but this neighborhood is going the right way. So
when the staff report says when the use would have been OK a few years ago m C-2, It is more
important to acknowledge that is not OK now My second point is that to grant a CUP, there
needs to be a compelling reason for the business. I do not have a problem with tattoo parlors in
general, but what we have here is a business that does not meet the sign ordinance, access
management ordinance, landscape ordinance, architectural standards, is not doing anything above
the bare minimum, and does not even meet the bare minimum of the Code. Please deny the
conditional use request for this business.
Richard Russell, neighbor, lives at 401 S. College, asked about the conditions -in the staff report,
and whether any of those addressed the medical waste generated by a tattoo parlor. Where do
gloves and needles go? He shared concerns about access covered with gravel. The building is
stark white with black stenciled sign. It is not welcoming.
Commissioner Graves asked if there are City ordinances that deal with waste, and whether its
distance from residential properties is regulated.
Kit Williams, City Attorney, stated that the UDC doesn't regulate those two issues, but that the
State health department may regulate it.
Commissioner Graves stated he agrees with the corrunents by all members of public regarding
where we see this area of town going. This is surrounded on three sides by residential property.
He is concemed with the waste and type of use with residential nearby. The hours of operation
are too late.
Commissioner Myres asked if tattoo parlors are regulated by the state.
Wilkins stated that they are, and that he and the other employee at the business are both licensed
tattoo artists. He has been inspected and approved by the state health department. He would like
to address issues raised by public comment. When I wrote that, "there was no one to bother", I
didn't mean it as an insult, I was thinking about my immediate surroundings, including what used
to be an adult novelty shop, and currently a barber shop, and a restaurant. I wasn't thinking I
would bother anyone with noise and traffic. As far as bringing the neighborhood value down,
'lowlife' was intended as satire. Tattoo shops don't always belong in bar districts, since we don't
tattoo people who are intoxicated. Tattoo shops are quiet, easygoing places, they are not
rambunctious. 1 own a restaurant here in town and 1 can tell you the state health department will
Planning Commission
December 8, 2008
Page 8 of 9
be harder on me at the tattoo shop then they will at the restaurant. Tattoo shops are not the way
they used to be. They are clean. He stated that he understands the neighborhood concerns, as
these neighborhoods have been planned and are on the upswing in the future.
Commissioner Myres stated she has been ambivalent about this from the beginning. She stated
that she thinks this business has been run as cleanly as possible, but also understands the concern
of the neighborhood, the care and trouble that has been taken over the last five years to study and
encourage redevelopment in the area. She knows the neighborhood takes pride in what they are
now and promise to become in the future. She cannot support this request because she thinks it
goes against the intent of the Downtown Master Plan and the vision for that part of town. She
doesn't like the idea of telling someone they can't have a business but doesn't think it's the right
place for it.
Commissioner Winston asked if this Conditional Use Permit had to have a compelling need, and
whether that is a requirement for approval.
Andrew Garner, Senior Planner, stated that in the staff report and UDC;- there are specific
conditions and specific findings that the planning commission has to make in order to approve a
CUP. None of those findings mention a specific need, or an overwhelming argument that it is
needed to have a CUP. There are certain applications that do require similar findings, for instance a
rezoning application. For a CUP there is not that particular finding made and there is nothing a CUP
has to do as far as offering things to the public.
Commissioner Winston stated that he felt the main issue was the image. It is not quantifiable, but
the "Lowlife" image is not appropnate. The use itself may be appropriate, but not the business as
presented.
Commissioner Graves stated that he was opposed to this use in this residential location. He finds
that the generation of medical waste is hazardous to the neighborhood.
Commissioner Lack stated that he believes Archibald Yell Blvd does have a business atmosphere,
and in Downtown General zoning a tattoo parlor is allowed by CUP because it may be appropriate.
As far as who sets the conditions, it's his opinion that the conditions are established primarily by the
findings. The findings are the conditions to determine whether or not it is appropriate. If it meets
these conditions, then it is appropriate to pass a CUP for that use in that zoning. He agrees with
staffs findings. Image -wise, he would have no opinion about that. He works across the street from
a tattoo parlor and it is one of the quietest businesses on the street and least impactful for that square
footage. Whether or not he personally agrees with the tattoo "culture" is irrelevant. He finds in favor
of granting the conditional use permit. He would like to revisit the hours of operation to be more
compatible with the neighborhood.
Wilkins stated that if needed, he is willing to peel the letters off the shop and change the name if it is
bothering people. He would like to table the request if needed.
Commissioner Trumbo stated he is not opposed to the use. 14 is not crazy about the image of the
Planning Commission
December 8, 2008
Page 9 of 9
building and the name, but is not looking at that. He sees Archibald Yell as a street that allows such
uses and would be supportive of the request, though he would certainly welcome a new name and a
re-imaging of the budding.
Motion:
Commissioner Winston made a motion to table the request until January 12 to give the applicant
time to work on image issues with the building, and to allow the public more time to comment.
Commissioner Myres seconded the motion.
Commissioner Graves expressed his lack of comfort.with this body having anything to do with
what the business names itself, or what signs it has with that name on it. I am opposed to tabling
because I don't see the reason for it, but I would be uncomfortable with this body inserting itself into
what a citizen decides to name their business.
Commissioner Trumbo asked the City Attorney if he had any comments or concerns regarding the
.4. nanle of the business.
Kit Williams, City Attorney stated that he had no comment.
Upon roll call the motion passed with a vote of 5-2-0, with Commissioners Graves and Myres
voting no.
All business concluded, the meeting was adjourned at 6:35 PM.
Wife erlylje
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting ofJanuary 12, 2009
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE. December 19, 2008 Updated Janata)) 13, 2009
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
CUP 00-3158: (WILKINS / S. ARCHIBALD YELL, 523): Submitted by COLLIN WILICINS for
property located at 275-2 SOUTH ARCHIBALD YELL BOULEVARD The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 0.33 acres. The request is for Use Unit 17 in
the DG, DOWNTOWN GENERAL, zoning district. Planner: Dara Sanders ' •
BACKGROUND:
December 8, 2008 Planning Commission Meeting: Tlus item was heard at the December 8, 2008
Planning Commission meeting. There were three members of the public at that meeting that spoke in
opposition to the project. Some of the issues discussed by members of the public included traffic -
safety accessing the site, adverse impacts to the neighborhood and community character, and other
concerns with the image of the proposed business. After much discussion the Planning Commission
tabled the item. The December 8th meeting minutes have been attached to this report. In response to
some of the public and Planning Commission comments brought up at that meeting, supplemental
information has been provided by the applicant and several of the findings of fact in the report have
been revised with additional discussion.
Property Description and History: The subject property is located at the northwest corner of the
South Archibald Yell Boulevard and Block Avenue intersection. The 0.33 -acre site is zoned
Downtown General and contains two existing structures that include small residential units, a barber
shop, a tattoo shop, and a space currently utilized as storage. In 2005, the property was rezoned from
C-2, Thoroughfare Commercial, to DG, Downtown General as part of the Downtown Master Plan.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surroundinci Land Use and Zonin
Direction from Site
Land Use
Zoning
North
Office, Residential, Civic
DG, Downtown General
South
Residential
DG, Downtown General
East
Vacant lot, Restaurant
DG, Downtown General
West
Residential, Office, Retail
DG, Downtown General
K:Ifteports120091PC Reparts101 - January 12ICUP 08-3158 (Wilkins).doc
Historically, the site has been utilized for a variety of uses that included a small motel, an artist
studio, and the Fayetteville Free Weekly. A tattoo shop has operated at the subject property since
July 2008. Staff discovered the use violation in August 2008 while investigating a sign violation on
the site. Further proceedings on the sign violation have been suspended to await the Planning
Commission discussion on the CUP request.
Request: In an effort to resolve the use violation, the applicant requests approval of a conditional use
permit to operate a Tattoo Shop (Use Unit 17) with a maximum of 2 employees in an existing 1,200
sq. ft. structure in the Downtown General zoning district. Approval of the Conditional Use Permit
would bring the business into compliance and allow the use to continue utilizing the current location
for the existing business. The applicant proposes to limit the hours of operation to Tuesday through
Thursday, 12:00 PM to 9:00 PM, and Friday and Saturday, 12:00 PM to 11:00 PM. Staff finds that
the hours of operation, as proposed by the applicant, are similar to the hours of operation for an
eating place, Use Unit 13, a permitted use in the Downtown General zoning district, which would
produce a greater amount of traffic and noise than the requested use. Staff finds that the hours of
.operation are. compatible with the surrounding area and will not have an adverse impact..Outdoor
music is not proposed for this property, and staff finds that the operation of the reqUested use would
not produce noise that would affect adjacent or nearby properties. However, the noise ordinance,
listed in Table 1, would apply to the subject property.
LlSe Districts
TABLE 1
Maximum
Time
Noise Levels
All residential
zones
7:00 a.m. to
11:00 p.m.
60 dB(A)
All residential
zones
11:00 p.m. to
7:00 am.
55 dB(A)
All commercial
zones
7:00 a.m. to
11:00 p.m.
75 dB(A)
All commercial
zones
11:00 p.m. to
7:00 a.m.
70 dB(A)
All industrial
zones
7:00 a.m. to
11:00 p.m.
80 dB(A)
All industrial
zones
11:00 p.m. to
7:00 am.
75 dB(A)
For the purposes of Chapter 96 Noise Control, of the City Code, the Downtown General district
operates under residential zone levels.
Sidewalk: There is an existing sidewalk on the subject property located at the right-of-way line.
Public Comment: Staff has received public comment in both support and objection of this request.
Written comments have been included in the staff report. Three members of the public spoke against
AReports120091PC ReportsI01 - January 12ICUP 08-3158 (Wilkins).doc
the request at the December 8th Planning Commission meeting.
Discussion: Prior to the rezoning of the property for the Downtown Master Plan in 2005, the subject
property was zoned C-2, which allowed Use Unit 17 as a permitted use. Due to the high intensity
associated with specific uses included in the C-2 zoning district and the mixture of existing uses in
the area that range from civic to residential, the property was rezoned as part of the Downtown
Master Plan rezoning to the Downtown General zoning district, which allows uses classified under
Use Unit 17 only with Plaruung Commission approval of a conditional use permit. Use Unit 17
contains a variety of uses that range from high intensity uses, such as "Retail Trade Establishments"
(car sales/service/repair, used car lots, farm supplies/equipment/repair, and manufactured home
sales), to low intensity uses, such as "Personal Help" (bindery, rug cleaning/repair, radio/television
repair, tattoo services, taxidermist). Staff finds that the requested use is a low intensity use identified
as "Personal Help", as it does not produce noise, odor, glare, smoke, dust, debris, large amounts of
waste, vehicular/large truck traffic, vibrations, or any other adverse impacts on adjacent and
surrounding properties.
•Based on the application and the findings for a Conditional Use Permit, staffis in: support of the
request, finding that the subject property, adjacent to a 5 -lane highway and .primary north/west
thoroughfare in the City, is an appropriate location for the business. Additionally; staff finds that the
use will not adversely affect the public interest in this mixed-use neighborhoodand.zoning district,
as the operation of the requested use will have a minimal impact on adjacent and surrounding
businesses and residents. Uses in the vicinity include retail, professional office,,personal services
(barber shops and beauty salons), a drug store, restaurants, multi -family dwellings,. single-family
dwellings, a child care center, medical offices, civic uses, a used car dealership,lart-studios, repair
shops, and home occupations. ,
Staff finds that the business is comparable to a small beauty salon or barber shop, providing a
personal service. Staff has found through additional research that many cities consider and classify
tattoo businesses as a similar use to a beauty salon or barber shop and zone for them accordingly,
recognizing that the tattoo industry has changed considerably in the past few decades and is not
associated with the same negative impact to the community such as vagrancy, fighting, drinking
issues, or criminal activity. Upon staff's request, the Fayetteville Police Department has provided
information (included in this staff report) regarding the use located on the subject property, as well as
similar uses in the city limits, finding there are no specific concerns with similar or larger operations
of a similar nature in the City.
Staff does not find it appropriate to categorize this use with other adult uses, such as bars or other
adult establishments, finding that the use merely provides a personal service for the means of
personal expression. While minors are prohibited by State law from occupying adult live
entertainment, bar, lounge, and sexually oriented establishments, a minor is allowed by State law to
occupy a tattoo establishment and to be tattooed by a certified tattoo artist with parental or guardian
consent provided on a State approved consent form.
Staff finds that the requested use does not pose a health or contamination threat to the surrounding
K:lReports120091PC Reports101 - January 12ICUP 08-3158 (Wilkins).doc
area This use and the premises on which the use operates is strictly regulated and monitored by the
Arkansas Department of Health in order to promote a healthy and safe environment for the
employees, customers, and surrounding businesses and residents. The applicant has obtained all
required certification from the Arkansas Department of Health. The Department's Rules and
Regulations for tattoo establislunents are included in this staff report.
The Department of Health has access to and is empowered to enter any and all parts of the premises
of a tattoo"establishment for the purpose of malung inspections to determine compliance with the
rules and regulations. Regulation of equipment, specifically needles, is also monitored by the State
Department of Health (see page 9 of the Department's Rules and Regulations). The disposal
procedure of infectious waste (in this case, needles) is similar to that of a medical or dental clinic,
which are permitted uses in the Downtown General zoning district. However, after a discussion with
staff regarding the operation of the proposed use, an inspector of tattoo establishments from the
Arkansas Department of Health has verified that the applicant's establishment produces significantly
less infectious and contaminated waste than a dental clinic or medical clinic.
RECOMMENDED MOTION:
•Based on the findings of the Conditional Use Permit included in this report, staff recommends
approval of CUP 08-3158 with the following condition(s):
1. The applicant shall comply with the Arkansas State Department of Health Rules and
Regulations Pertaining to Permanent Cosmetic and Tattoo Establishments. The
applicant shall maintain the necessary Certification .required by the Arkansas State
Department of Health for a tattoo and piercing establishment and shall provide proof
of said certification upon request by the Planning Division.
2. As proposed by the applicant, hours of operation for the tattoo establishment shall be
limited to Sunday through Thursday, 12-00 PM— 9:00 PM, and Friday and Saturday,
12:00 PM to 11:00 PM.
3. Expansion or modification of the business will require a new conditional use request.
4. Existing and proposed signage shall be wall mounted and approved by a separate sign
permit application. All signage associated with the requested use shall comply with the
Chapter 174, Signs, of the UDC.
5. Any required trash enclosure shall be screened with access not visible from the street
and shall comply with the requirements of Chapter 166014(D)(4)(b) of the Unified
Development Code.
6. Pursuant to the requirements of the Arkansas Department of Health, all parts of the
shop and its premises shall be kept clean, neat, and free of litter and rubbish by the
applicant.
• K:IReports12009V3C Reports101 - Januaty12ICUP 08-3158 (Ifilkins).doc
7. Violation of these conditions of approval shall be considered grounds for revocation of
the conditional use permit.
PLANNING COMMISSION ACTION: Required YES
x Approved 0 Denied 0 Tabled
Motion: Myres
Second: Anthes
Vote: 7-1-0, with Commissioner Graves voting "no"
Date: January 12, 2009
Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
13. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically authorized
to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a conditional
use should be granted; and,
3: Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent of
this chapter.
C. A conditional use shall not be granted by the Planning Conunission unless and until:
;
1. A written application for a conditional use is submitted indicating the section
of this chapter under which the conditional use is sought and stating the
grounds on which it is requested.
Finding: The applicant has submitted a letter requesting conditional use permit approval
to allow Use Unit 17 within the Downtown General zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover the
cost of expenses incurred in connection with process' ing such application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before a
conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
ICIReportst20091PC Reparal01 - January 12ICUP 08-3158 (Willcins).doc
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under §161.22 to grant a conditional
use permit to allow for Use Unit 17 in the Downtown General zoning district.
(b.) That the granting of the conditional use will not adversely affect the
public interest.
Finding: Prior to the rezoning of the property for the Downtown Master Plan, the subject
property was zoned C-2, which allowed a tattoo shop (Use Unit 17) as a
permitted use. Due to the mixed use and residential nature of the existing
neighborhood and the high intensity associated with specific uses included in
this use unit, the Downtown General zoning district allows uses classified under
Use Unit 17 only with Planning Commission approval of a conditional use
permit. Use Unit 17 contains a variety of uses that range from high intensity
uses, such as• "Retail Trade Establishments" (car sales/service/repair, used car
lots,. farm supplies/equipment/repair, and manufactured home sales),. to. low... ...
intensity uses, such as "Personal Help" (bindery, rug cleaning/repair,
radio/television repair, tattoo services, taxidermist). A complete list of the uses
in Unit 17 is included in this staffreport. Staff finds that the requested use is a
low intensity uses identified as "Personal Help", as it does not produce noise,
odor, glare,smoke, dust, debris, large amounts of waste, significant vehicular
traffic, large truck traffic, vibrations, or any other adverse impact on adjacent,
and surrounding properties.
A tattoo business has been in operation at this location since July 2008. The
Fayetteville Police Department has provided information (included in this staff
report) regardingthe use located on the subject property, as well as similar uses
in the city limits, finding there are no specific concerns with similar or larger
operations of a similar nature in the City.
Staff finds that the subject property, located adjacent to Archibald Yell
Boulevard — a Principal Arterial and primary north/south corridor — is an
appropriate location for a tattoo business, as the site is small with limited
parking capacity and an existing structure that accommodates a variety of uses.
Staff finds that the use will not adversely affect the public interest in this mixed
use neighborhood and zoning district. Uses in the vicinity include retail, office,
personal services (barber shops and beauty salons), a drug store, restaurants,
multi -family dwellings, single-family dwellings, a child care center, professional
offices, civic uses, and home occupations.
The tattoo business currently operates in a 1,200 sq. ft. structure adjacent to
Archibald Yell Boulevard (a Principal Arterial), employs a maximum of two
people, with the ability to serve two customers at a time and approximately 3 to
K: IReparts120091PC Reporlst0! - January 12ICUP 08-3158 (IYlkins4.doc
5 customers per day. Staff finds that the business is a low intensity use,
comparable to a small beauty salon or barber shop, providing a personal
service. Staff has found through additional research that many cities consider
and zone tattoo businesses as a similar use to a beauty salon or barber shop,
recognizing that the tattoo industry has changed considerable in the last 10
years and is not associated with the same negative impact to the community
such as vagrancy, fighting, drinking issues, or criminal activity. The tattoo
industry has shifted to a business that provides a personal service for a variety
of interest groups and is now perceived as a `permanent cosmetic' business, as it
is classified by the Arkansas Department of Health.
The requested use is not subject to special use conditions. Additionally, staff
• does not find that this use is an appropriate use to be categorized with other
adult uses, such as bars or other adult establishments, finding that the use
merely provides a personal service for the means of personal expression. While
minors are prohibited by State law from occupying adult live entertainment,
bar,.lounge, and. sexually, oriented establishments, a minor is allowed by. State..._. - ...
law to. occupy a tattoo -establishment and to be tattooed by a certified tattoo
artist with parental or guardian consent provided on a State approved consent..
form (see page 6 of theDepartment of Health's Rules and Regulations included
in this staff report).
Residents and -the Conunission have cited safety concerns regarding waste;and. .
contamination associated with the requested use. Staff finds that the requested:.
use does not pose a health or contamination threat to the surrounding area.
Staff finds that. the type of use is strictly regulated and monitored by the
Arkansas Department of Health in order to promote a healthy and safe .
environment for the employees, customers, and surrounding businesses and
residents. The Department's Rules and Regulations are included in this staff
report. The Department has access to and is empowered to enter any and all
parts of the premises of a tattoo establishment for the purpose of making
inspections to determine compliances with the rules and regulations (seepage 11
of the Department's Rules and Regulations).
The applicant has obtained certification from the Arkansas Department of
Health, which required successful completion of an examination to verify that
the applicant has knowledge of bacteriology and property technique to assure
that infection and contagious disease are not spread (see page 3 of the
Department's Rules and Regulations). Certification expires on December 315` of
each year and is renewable when the applicant meets all the current applicable
requirements of the Rules and Regulations Pertaining to the Control of
Communicable Diseases.
The Arkansas Department of Health also requires Establishment Sanitation
K. IRepons120091PC Reports101 -January 121CUP 08-3158 (WI
Certification for the operation of tattoo establishments, which is issued by a
Health Officer (see pages 3 and 4 of the Department's Rules and Regulations).
Establishment Sanitation Certification expires on December 3151 of each year
and is renewable only upon completion of an inspection conducted by the
Department of Health.
Furthermore, the Arkansas Department of Health strictly monitors the
condition of the physical environment (see page 4 of the Department's Rules and
Regulations). As a certified tattoo artist by the Arkansas Department of Health,
the applicant is required to maintain the building and equipment in good repair
at all times. All parts of the shop and its premises are required to be kept clean,
neat, and free of litter and rubbish.
Staff finds that the requested use does not pose a threat to children or adults in
or passing through the neighborhood. Contamination and public health/safety
threats have been addressed in the information listed above. Additionally, the
State.prohibits.the.applicatioaofa tattoo to any person.less than.l8 years.of age
without written-. consent of the parent or guardian (see page 6 of the
Department's Rules and Regulations). Parental or guardian consent is recorded
on forms approved by the Health Officer and presented to thefl tattoo
establishment officer by the parent or guardian. Records of the written consents
are to be kept on file for no less than two (2) years by the operator and are to be
available at the.time,of inspection by the Health Officer.
• Regulation of equipment, specifically needles, is also monitored by the State
• Department of Health (see page 9 of the Department's Rules and Regulations).
The disposal procedure of infectious waste (including needles) is similar to that
-rbf a medical or dental clinic, which are permitted uses in the Downtown General
zoning district under Use Unit 12. However, after a discussion with staff
regarding the operation of the proposed use, an inspector of tattoo
establishments from the Arkansas Department of Health has verified that the
requested use produces significantly less infectious and contaminated waste
than a dental clinic and as much or less infectious and contaminated waste than
a medical clinic. Staff has included in this staff report the Arkansas Department
of Health rules and regulations pertaining to tattoo establishments, and the
applicant has provided a description of the waste management and disposal
procedures practiced at the subject property.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: There are no further specific rules governing this conditional use request in the
K:IRepor6120091PCRepor&OI -January 12ICUP 08-3158 (iV lkins).doc
UDC.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: Currently, the site is existing nonconforming, as the property has open access to
Archibald Yell Boulevard and Block Avenue, which does not comply with the
City's current access management policy; however, staff finds that the request
to operate Use Unit 17 in an existing structure does not constitute
redevelopment of the site that would require site improvements. Chapter 166.08,
regulating access..to .properties, only. requires improvements.. to access upon. • .
expansion or improvements greater than 50% of the property value or gross
floor area or volume. .
Residents have expressed concern with dangerous traffic conditions specific to
Archibald Yell Boulevard. Staff finds that the permitted uses in the Downtown
General zoning district, including restaurants, dry cleaners, supermarkets,
retail,. medical clinics, multi -family dwellings, and social and welfare agencies,
would likely generate a substantially higher traffic volume than the proposed
use. Furthermore, should any of these permitted uses operate in .any of the
existing structures on the site, it is likely that the permitted use would not meet
the threshold established by the Unified Development Code to constitute site
improvements and would further contribute to the high traffic volume carried
by Archibald Yell Boulevard unless a major expansion or major improvements
to the building were to occur. Staff finds that the low traffic volume generated
by the use (3 to 5 customers per day) will not create or exacerbate a dangerous
traffic situation in the area.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: This property, located within the Downtown General zoning district, is exempt
from the parking requirements, Chapter 172.05(A)(2); however, staff finds that
sufficient parking for the use does exist on the site.
K: IReporir12009\PC Reporal0l - January 121CUP 08-3158 (0ilkins).doc
Staff finds that no substantial noise, glare or odor effects of the special exception
on adjoining properties are anticipated. All activity is proposed to take place
inside the structure. The proposed use does not require designated loading
areas, as large truck traffic and delivery services are not necessary for the
proposed operation, nor is mechanical equipment, that would impose noise,
glare, or odor effects on adjacent and surrounding properties.
Furthermore, staff finds no direct evidence to support any claim or to
demonstrate that the requested use or off-street parking and loading areas
associated with the use will have a substantial economic effect on adjoining
properties or properties generally in the district. Staff finds that a vacant
structure is more likely have a detrimental economic and safety effect than a low
intensity use that provides a personal service to approximately 3-5 customers a
day.
Additionally, staff has included a spread sheet listing the taxable property value
...:as recorded. by Washington County of properties located adjacent.to. or.near ..,,.... .
Knight Times Tattoo, a tattoo shop located at 3014 North College. Similar to the
subject property, Knight Times Tattoo is surrounded by a varietyof land uses
•and zoning districts, as shown in the attached map in this staff report. The
information shows that the taxable property value of every surrounding
property has increased steadily every year that the tattoo business:has been at
'; .. = r. c•. this location. Staff does not directly attribute the increase to the tattoo business.
However, the information does suggest that the. tattoo business has not caused:
an adverse economic affect on nearby residential or commercial property.
(c.) Refuse and service areas, with particular reference to
ingress and egress, and off-street parking and loading,
Finding: Additional refuse and service areas are not planned for the site; however, any
required trash enclosure shall be screened with access not visible from the street
and shall comply with the requirements of Chapter 166014(D)(4)(b) of the
Unified Development Code.
As discussed on Page 6 of this staff report, the applicant is required by the
Arkansas Department of Health to dispose of needles and similar waste in
designated receptacles similar to the disposal of medical waste at a doctor's
office or dentist's office, uses permitted by right in the Downtown General
zoning district.
(d.) Utilities, with reference to locations, availability, and
compatibility;
Finding: Utilities are currently available to the subject property.
K:IReporls12009tPC Reportr101 -January 121CUP 08-3158 (Wilkins).doc
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: The existing parking lot is an existing nonconforming parking lot that does not
comply with the screening and buffering requirements of Chapter 177.04 Site
and Parking Lot Landscape Standards. Should rehabilitation of the existing
structure on the property exceed 50% of the replacement cost, 50% of the
existing parking lot use area shall be required to be brought into compliance
with the landscaping and parking lot requirements of the UDC. Should an
enlargement or reconstruction of the existing structure exceed 10% of the gross
floor area, 10% of the existing parking lot shall be brought into compliance with
the landscaping and parking requirements of the UDC.
(f.) Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect, and
compatibility and harmony with properties in the
district;. ..._
Finding: Further action regarding the pending signage violation associated with the
subject property has been suspended, awaiting the outcome of the CUP decision
• by the Planning Commission. All signs shall be permitted in conformance with
the applicable zoning district by a separate sign permit application.
(g.) Required setbacks and other open space;. and
Finding: The subject property is zoned Downtown General, and contains two existing
nonconforming structures that do not meet the minimum buildable street
frontage requirement. The nonconformity is a result of a rezoning action
initiated by the City in 2005 as part of the Downtown Master Plan to rezone the
subject property from C-2, Thoroughfare Commercial to DG, Downtown
General. Pursuant to Chapter 164.12, the nonconforming structures may
continue to occupy the property and be utilized in their existing state. Future
construction or redevelopment of the subject property shall comply with the
bulk and area requirements of the Downtown General zoning district or obtain
variance approval from the Board of Adjustment, as bulk and area
requirements of properties within the city limits are not under the authority of
the Planning Commission.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Staff finds that it is the responsibility of the Planning Commission when
considering a conditional use request to evaluate the proposed use for a
property in order to determine compatibility with the surrounding
K. IReporu120091PC Reporfs101 -January 121CUP 08-3158 (O,lkins).doc
neighborhood and to impose certain conditions on the request use that will
promote and protect the health, safety, and welfare of the general public.
Furthermore, staff finds that issues such as image and choice in business name
are protected by the applicant's freedom of speech rights under the First
Amendment to the United States Constitution and, not being associated with the
way in which the property will be used, are not issues that can be considered by
the Planning Commission in its deliberations either for or against the
application.
The proposed use is compatible with adjacent properties and uses given the
mixture of uses in the surrounding area (see the list of surrounding uses on page
5). Staff finds that the requested use and the operation associated with the use
do not pose a threat to the properties, businesses, and residents in the district;
however, conditions of approval have been included to ensure that the requested
use continues to remain compatible with the other uses in the district.
Additionally, staff finds that the State Department of Health strictly regulates
the requesteduse to further ensure the safety of the public.
• Staff finds that the hours of operation, as proposed by the applicant, are similar
to the hours of operation for an eating place, Use Unit 13, a permitted use in the
Downtown General zoning district, which would produce a greater amount of
• traffic and noise than the requested use. Staff finds that the hours of operation
are compatible with the surrounding area and will not have an adverse impact.
Outdoor music is not. proposed for -this property, and staff finds that the
operation of the requested use would not produce noise that would affect
adjacent or nearby properties. However, the noise ordinance, listed in Table 1,
• would apply to the subject property and the Downtown General district is
classified as a residential zone for the purposes of Chapter 96, Noise Control.
TABLE I
Maximum
Use Districts Time Noise Levels
All residential
7:00 a.m. to
60 dB(A)
zones
11:00 p.m.
All residential
11:00 p.m. to
55 dB(A)
zones
7:00 a.m.
All commercial
7:00 a.m. to
75 dB(A)
zones
11:00 p.m.
All commercial
11:00 p.m. to
70 dB(A)
zones
7:00 a.m.
All industrial
7:00 a.m. to
80 dB(A)
zones
11:00 p.m.
All industrial
11:00 p.m. to
75 dB(A)
zones
7:00 a.m.
K: IReportsl2009tPC Reports 101 - January 121CUP 08-3158 (Wilkins).doc
Staff finds that the requested use is lower in intensity and impact than many
other permitted uses in the district, as well as other uses allowed by conditional
use permits that have been approved in the vicinity. As a point of comparison, in
April 2008, the Planning Commission approved a conditional use permit (CUP
08-2942 Natural State) to operate a message therapy and acupuncture (a
therapeutic practice involving needles) business for property located at 534
Huntsville Road (approximately one-half mile from the subject property)
surrounded by single-family residences. The request was submitted after staff
received a report of a code violation at the subject property for operating a
home occupation without a conditional use permit. The property owners applied
for the home occupation in an effort to remedy the use violation. The property
owners were also required to resolve a sign violation associated with the use
violation on the subject property. With the hours of operation approved by the
Planning Commission and the operation described by the applicant, a maximum
of 10 patients/clients can be treated at the subject property each day, which far
exceeds..the number of customers. anticipated by the proposed tattoo shop..The...._
applicant anticipates 3 to 5 customers per day, based on current business.
K:IReporu12009WC Reporul0l -Jmmary l21CUP 08-3158 (Hilkins).doc
From: Andrew Garner
To: Sanders, Dara
Date: 12/2/2008 10:39 AM
Subject: Lowlife Tattoo Applicant Description
Andrew M. Garner
Senior Planner
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
Tel.479.575.8262
Fax.479.575.8202
agamer@ci.fayetteville.ar.us
www.accessfayetteville.org
>>> LOWLIFE TATTOO <lowlifetattoo@live.com> 12/02/08 10:00 AM >>>
Thanks Andrew,
I am writing this letter to obtain a conditional use permit for my tattoo shop here in Fayetteville. I think my location is
perfect for several reasons. Its dose to the University, Dickson St., and from a business point of view a ton a people drive by every
day. I don't think I will bother anybody at this location. There isn't really anyone to bother. Tattoo shops are not loud and
rambunctious. Actually its quite the opposite. I will make people leave if they can't act like an adult while I am hying to work on
somebody. After all it is permanent.
Fayetteville Is a college town where people are known to express them selves in many ways. Tattoo and body piercing are
good examples of this. There are several shops in town already. They all do very well for them selves. This tells me there is a big
demand in this area.
At Lowlife tattoo we will be doing tattoo and body piercing. We are approved by the state health department and have met
all requirements. I have one person that works with me. We are both licensed by the state as well.
I hope this letter has covered everything. If not I am always available at 479-790-6667. You can call me at anytime.
Thank you for your time, Collin Wilkins
> Date:
Tue, 2 Dec 2008 09:52:29 -0600> From: aaamerad.fayetteville.ar.us>
To: lowlifetattooalive.com>
Subject: city Planning
Emall>
> > > —> Andrew M. Gamer> Senior Planner>
City of Fayetteville> 125 West Mountain Street>
Fayetteville, Arkansas
72701>
> Tel.479.575.8262> Fax.479.575.8202> aoamereci
favetteville.ar us> www.accessfavetteville.oro>
> >
You live life online. So we put Windows on the web.
http://dk.atdmt.com/MRT/go/127032869/direct/Ol/
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Date 12/02/08
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request information on tattoo businesses in
Fayetteville, specifically, Low Life Tattoo Shop at 275 S. Archibald Yell. A query of our
records indicates the following:
275 S. Archibald Yell (Lowlife Tattoo)
I contact which was a business check and nothing initiated by the business.
2597 N. College (Bee Line Tattoo)
6 contacts: 2 threats (1/15/08 & 4/12/08) / 1
and 1 hit and run accident.
traffic stop / 1 extra patrol / I lost & found
2183 N. College (Black Dragon Tattoo)
10 contacts: 2 extra patrols / 1 business check / 2 alarms / I assist/I I criminal mischief / I
threat / 1 disturbance.
46 E. Township (Brainstorm Tattoo) —0 Contacts
3014 N. College (Knight Times Tattoo)
6 contacts: 3 traffic stops / 1 code 6 accident / 1 animal control call / 1 suspicious activity
.Most of the activity seems to be self -initiated activity and traffic calls. I don't see
anything that seems to pose a problem with any of the businesses.
Sincerely,
Captain William Brown
Fayetteville Police Department
RULES AND REGULATIONS PERTAINING TO PERMANENT COSMETIC
AND TATTOO ESTABLISHMENTS
Arkansas Department of Health
4815 West Markham
little Rock, Arkansas 72205
SECTION I. AUTHORITY. The following Rules and Regulations Pertaining to
Permanent Cosmetic and Tattoo Establishments are duly adopted and promulgated
by the Arkansas Board of Health pursuant to the authority expressly conferred
by the laws of the State of Arkansas including, without limitation, Act 96 of
1913 as amended, the same being A.C.A. 20-7-109. .
SECTION II. PURPOSE. To protect the health of the citizens of Arkansas by
establishing criteria for the application of permanent cosmetics and
tattooing, to require certification of artists and establishments and require
inspections of such establishments.
SECTION III. DEFINITIONS. For the purposes of these Regulations, the
following words and phrases when used herein shall be construed as follows:
A. Apprentice shall mean any person who is training under the supervision of
a certified permanent cosmetic or tattoo artist or physician but cannot
independently perform the work of permanent cosmetic application or
tattooing.
B. Aseptic Technique shall mean the practice which prevents or hinders the
transmission of disease -producing microorganisms from one person or place
to another person or place. .
C. Artist shall mean any person who actually performs the work of the
application of permanent cosmetics or tattooing, except a duly licensed
physician.
D. Department shall mean the Arkansas Department of Health or its authorized
agent.
E. Establishment shall mean any place or facility where the application of
permanent cosmetics or the art of tattooing is performed.
F. Health Officer shall mean the Director of the Arkansas Department of
Health or his/her duly authorized representative.
G. Permanent Cosmetics shall mean the application of permanent or
• semi -permanent pigmentation to the face for cosmetic purposes or to any
part of the body for scar coverage or other corrective purposes by the
penetration of the skin with a needle or other instrument.
H. Procedure(s) shall mean the act of applying permanent cosmetics or
tattooing.
I. Single service shall mean articles intended for one-time, one -person use
and then discarded.
J. Tattoo shall mean any method of placing designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin by introducing
pigments, or by the production of scars to form Indelible marks with the
aid of needles or other instruments.
K. Operator shall mean any person who owns, controls, operates, conducts or
manages any permanent cosmetic or tattoo establishment, whether actually
performing the work of tattooing or not.
SECTION IV. ARTIST CERTIFICATION.
A. No person except a duly licensed physician shall engage in the practice of
the application of permanent, cosmetics or tattooing or act as a permanent
cosmetic or tattoo artist unless he or she holds a permanent cosmetic or
tattoo artist certification Issued by the Health Officer.
B. These Rules and Regulations are not applicable to any establishment under
the control or direction of a duly licensed physician nor do they apply to
licensed medical hospitals and similarly licensed medical institutions.
C. The following requirements must be completed before any individual shall
receive a tattoo artist certification:
1. •An application for a tattoo artist certification shall be filed with
the Department.
2. Successful completion of a written examination given by the
24 Department of Health. This examination shall be based on the Rules
and Regulations Pertaining to Permanent Cosmetic and Tattoo
Establishments. It shall insure the applicant has knowledge of
bacteriology and proper technique, to assure that infection and
contagious disease shall not be spread.
3. The applicant shall meet all the current applicable requirements of
the Rules and Regulations Pertaining to the Control of Communicable
Diseases.
4. Completion of no less than six (6) months apprenticeship.
Apprentices for tattooing shall train in a certified shop under a
currently certified tattoo artist who has been certified and
operating in compliance with the Regulations in the State of Arkansas
for a period of not less than three (3) years.
2
D. The following requirements must be completed before any individual shall
receive a permanent cosmetic artist certification:
I. An application for a permanent cosmetic artist certification shall be
filed with the Department.
2. The applicant must be a high school graduate or equivalent.
3. The applicant must successfully complete a written and practical
examination designed by the Department- This examination shall be
based on the Rules and Regulations Pertaining to Permanent Cosmetic
and Tattoo Establishments. It shall insure the applicant has
sufficient knowledge of bacteriology, anatomy of the face and proper
technique to assure that infection and contagious disease shall not
be spread.
4. The applicant shall have a health evaluation that includes:
(a) Establishing that he or she is not suffering from hepatitis, or
other communicable diseases designated by the Department;
(b) Adequate vision;
(c) Adequate color vision.
5. Completion of no less than six (6) months apprenticeship.
Apprentices for permanent cosmetics shall train in a certified shop
under a currently certified permanent cosmetic or tattoo artist who
has been certified and operating in compliance with the Regulations
in the State of Arkansas for a period of not less than three (3)
years.
E. No reciprocity will be granted to artists certified or licensed in other
states.
ARTIST RENEWAL REQUIREMENTS
Any artist certified by the Arkansas Department of Health at the time of the
effective date of this regulation will be exempt from the requirements for
apprenticeship.
Artist's certifications shall expire on December 31st of each year and are
renewable when the applicant meets all the current applicable requirements of
the Rules and Regulations Pertaining to the Control of Communicable Diseases.
SECTION V. ESTABLISHMENT SANITATION CERTIFICATION.
A. No person shall operate a permanent cosmetic or tattoo establishment
unless the shop has received a Certificate of Sanitation from the Health
Officer. No certificate shall be issued or renewed unless the shop has
been inspected and found to be in compliance with the provisions of these
Rules and Regulations.
3
B. The certificate shall expire on December 31 of each year. Renewal
inspections shall be conducted by the Department.
C. No holder of any certificate of sanitation shall allow a permanent
cosmetic or tattoo artist to perform in his/her tattoo shop unless the
artist is the holder of a valid permanent cosmetic or tattoo artist
certification issued under. Section IV of these Rules and Regulations.
D. It shall be the duty of the operator or owner of the establishment to post
the current certifications in a conspicuous place where, it may be readily
observed by the public.
SECTION VI. GENERAL PHYSICAL ENVIRONMENT.
A. Each establishment shall have a work room which is separate and apart from
a waiting room or area. This room shall not be used as a corridor for
access to other rooms.. Patrons shall be tattooed or have permanent'
cosmetics applied only in the work room.
B. The floor of the work room shall be constructed of impervious materials
and shall be, at all times, maintained in a clean condition. Floors shall
be swept and wet —mopped daily. The walls and ceilings shall be of light
color and be maintained in good repair and shall be of such materials to
be easily cleanable. Floors, walls or ceilings shall not be swept or
cleaned while permanent cosmetics are being applied or anyone is being
tattooed.
C. The establishment shall have adequate light and ventilation.
0. Light fixtures, decorative materials and similar equipment attached to the
walls or ceilings shall be kept clean.
E. The building and equipment shall be maintained in good repair at all
times. All parts of the shop and its premises shall be kept clean, neat,
and free of litter and rubbish.
F. A 'lavatory with hot and cold running water shall be located in the work
room. The lavatory shall be for the exclusive use of the artists for
washing their hands and preparing the customer. It shall be equipped with
controls which provide for wrist action, soap, approved germicidal
solution, individual hand brushes and fingernail files for each artist.
G. A toilet and lavatory shall be located in the establishment and be
accessible to patrons. All plumbing shall meet the requirements of the
Arkansas State Plumbing Code. The plumbing fixtures and toilet room shall
be maintained in a sanitary manner and in good repair.
H. Single service paper towels or mechanical means for hand drying shall be
provided.
G
I. Adequate cabinets for the storage of instruments, dyes and pigments,
carbon, stencils and other materials used in the procedures shall be
provided.
J. An adequate number of work tables shall be provided for each artist. The
surface of all work tables shall be constructed of metal or other material
which is easily cleanable, smooth, light colored, non-absorbent,
corrosive -resistant, and easily sanitized.
K. The shop shall have sufficient covered.waste receptacles for the disposal
of waste materials.
SECTION VII. SANITARY FACILITIES.
A. Hater supply. The water supply shall be adequate, of a safe sanitary
quality and meet the current requirements of the Department'.s Rules and
Regulations Pertaining to Public Water Supplies.
B. Sewage. Al] water carried sewage shall be disposed of by means of:
1) A public sewerage system; or
2) An approved individual sewage disposal system which is constructed
and operated in conformance with the standards established by the
Arkansas State Board of Health.
SECTION VIII. OPERATION STANDARDS.
A. Record Keeping. The operator shall maintain proper records on each
patron. These records shall be entered in ink or indelible pencil in a
bound book kept solely for this purpose. This book shall be available at
a reasonable time for examination by the Health Officer. The records
shall be preserved for at least two (2) years from the date of the last
entry. The records shall contain the following information:
1. The date the procedure was performed.
2. The name, address, date of birth and age of the patron.
3. The branch of service, rate or rank and serial number of the patron
if in the armed services.
4. The design and location of the tattoo, or the cosmetic procedure
applied.
5. The name of the artist.
6. The signature of the patron.
In the event of a change of ownership or closing of the establishment, all
records shall be made available to the Health Officer.
5
B. Consent Required for Minors. No application of permanent cosmetics or
tattoo shall be administered to any person less than 18 years of age
without written consent of the parent or guardian.. The consent shall be
on such forms approved by the Health Officer and shall be presented to the
operator by the parent or guardian. The records of the written consents
shall be kept on file for two (2) years by the operator and shall be
available at the time of inspection. Whenever there is doubt about age,
the operator shall obtain proof of age verification by driver's license or
other adequate record.
C. Patron Information. Before applying permanent cosmetics or administering
a tattoo, a discussion of the risks involved and possible complications
shall be conducted by the artist or operator. The patron must be advised
that the procedure should be considered permanent and that it can be
removed only by a surgical procedure and that any effective removal may
leave permanent scarring. A written cautionary notice to that effect
shall be furnished to and signed by the patron and retained on file at the
establishment.
After the procedure is complete, written (printed or photocopied)
instructions, approved by the Health Officer, on the care of the skin to
prevent infection, shall be given to each patron. A copy of these
instructions shall also be posted in a conspicuous place in the
establishment.
D. Patch Test for Sensitivity. The patch test shall be administered upon
request by the patron or whenever the artist determines through discussion
with the patron that a patch test for sensitivity to the pigments to be
used is warranted).
E. Suspected Infections To be Reported. All infections suspected from the
application of permanent cosmetics or tattooing which become known to the
artist/operator shall be reported to the Health Officer within 24 hours
and the infected patron shall. be referred to a physician.
SECTION IX. RESTRICTIONS CONCERNING APPLICATION OF PERMANENT COSMETICS OR
TATTOOING. Application of permanent cosmetics or tattooing shall be
prohibited under the following circumstances: .
A. No application of permanent cosmetics or tattooing shall be done on the
person of anyone having a history of jaundice or similar disease, and each
patron shall be questioned.
B. No application of permanent cosmetics or tattooing shall be done on the
person of any individual who is obviously under the influence of drugs or
intoxicating liquor.
6
C. No person suffering from any rash, skin lesion or any skin disease or
possible communicable disease shall be applied with permanent cosmetics or
tattooed. The skin surface shall be free from rash, pimples, infection or
recent scar tissue.
No person with any disease in a communicable form or suspected of having
such a disease shall perform the application of permanent cosmetics or
tattooing. Such disease may include but shall not be limited to the'
common cold, influenza, tuberculosis, scabies, impetigo, syphilis, .
chickenpox, measles (rubella), mumps, whooping cough, hepatitis, infection
on the hands or arms, sore throat or jaundice of the skin or sclera. The.
Health Officer may require a certificate signed by a duly licensed
physician stating the person is free from communicable diseases before
permission to resume operation is granted.
E. No existing tattoo or permanent cosmetic shall be abraded or treated with
chemicals for the purpose of removing except by. a licensed physician: Any
attempt by an artist to perform a removal procedure shall result in the
immediate suspension of the artist's or the establishment's sanitation
certificate. This section does not intend to prohibit the coverup of
existing tattoos with additional design pattern or application of
permanent cosmetics.
F. No pigment disapproved by the Food and Drug Administration shall be used..
for permanent cosmetics or tattooing. Ingredients contained in the
pigments must be provided by the manufacturer to the Department upon
request. ,
C. The use of a straightrazoris prohibited. Only single service disposable
razors shall be used for shaving purposes.
H. No rusty, faulty or non -sterile needles shall be used.
No person shall allow or perform the tattooing of animals in a shop
certified and used for applying permanent cosmetics or tattooing human
beings.
SECTION X. ASEPTIC PROCEDURES.
The artist shall wear a clean outer garment.
Before working on each patron, the artist shall clean his/her fingernails
with his/her. individual nail file and shall thoroughly wash and scrub
his/her hands with hot running water, an approved soap and his/her
individual hand brush. He/she shall not allow his/her hands to dry
without the use of a single service use hand towel or approved mechanical
means:
The area of the patron's skin to which pigment is to be applied shall be -
prepared by washing with hot water and approved germicidal soap. When it
is necessary to shave the area, single service disposable razors shall be
used. Following shaving, the skin must be gently scrubbed with 70%
isopropyl alcohol or other approved germicidal solution, using a disposal
sterile gauze pad or sponge.
C. Following the cleaning and
the shaving of
the
patron's skin, the artist
shall
again wash and scrub
his/her
hands
and
put on disposable
gloves.
During any phase of the procedure, should the artist be interrupted for
other duties, i.e., answering the phone, etc., the artist shall wash
his/her hands as required in Section VIII B. before resuming the
procedure. A new pair of gloves shall be used.
0. Only petroleum jelly as listed in the United States Pharmacopeia or ..:s.,
National Formulary shall be applied to the area to be tattooed and it
shall be in a collapsible metal or plastic tube. The application may be
spread by the use of sterile gauze or sterile tongue depressors but not
directly with the fingers.
E. When acetate stencils are used for transferring the design to the skin,
stencils shall be thoroughly cleaned and rinsed in an approved germicidal.
solution for at least twenty (20) minutes and then they shall be dried
with sterile gauze or air dried before each use.
When stencils are not used and the design is transferred using hectograph
and tracing paper or duplicating carbon methods, the paper or duplicating
master shall not be reused.
F. In preparing nontoxic dyes or pigments, only nontoxic or sterile material
shall be used. Single service or individual portions of pigments in clean
sterilized containers or single service containers shall be used for each
patron. Upon completion, the remaining unused pigments shall be
discarded. Any pigment in which the needles were dipped shall not be used
on any person. Where pigment mixing is necessary to achieve the correct
color and follow-up touch-ups may be required (permanent cosmetics), the
original container of mixed pigment may be kept but only single service
individual portions of the mixture used during the procedure.
G. Excess pigment shall be removed from the skin with an individual sterile
gauze or sponge which shall be used only on one patron and then discarded.
H. The completed tattoo shall be washed with a piece of sterile material
saturated with an approved germicidal solution. It shall be allowed to
dry. After drying, antibacterial ointment shall be applied from a
collapsible metal or plastic tube or single use packet and the entire area
covered with a piece of nonstick sterile bandage which may in turn be
covered with a piece of tissue and fastened to the site with an approved
type of adhesive.
The area of permanent cosmetic application shall be washed with an
approved germicidal solution and allowed to dry. Antibacterial ointment
and where feasible, a nonstick sterile bandage shall be applied.
I. A new pair of disposable gloves shall be used by the artist for each
patron.
J. All work tables and chairs used in the procedure shall be constructed of a
material allowing easy and thorough cleaning. All surfaces, work tables,
and patron chairs must be disinfected before each new patron is seated.
Appropriate solutions are a 1:10 dilution of household bleach and water or
other approved surface sanitizer.
SECTION XI. EQUIPMENT.
A. A set of individual wrapped sterilized needles shall be used by the artist
for each new patron. Not less than 24 sets of sterilized needles and
tubes or tips must be on hand for the entire day or night operation.
B. All needles shall be cleaned thoroughly before autoclaving. The use of an
ultrasonic cleaner is recommended to remove blood, pigments and other
foreign matter from the needles and tubes. The tubes and needles shall be
run in the heated solution for a period of not less than 15 minutes and
then thoroughly rinsed prior to autoclaving.
C. Sterilization of needles and tubes shall be accomplished by:
1. Holding in an approved autoclave for thirty (30) minutes at -fifteen
(15) pounds pressure at a temperature of 248 degrees F. or 120
degrees C. The use of approved autoclave packaging is required.- The
date the procedure is performed shall be written on the packaging.
Indicator tapes or strips for checking temperature shall be provided
each time the autoclave is used.
2. Culture testing of sterilization equipment, using appropriate
microbial spore strips, shall be required when deemed necessary by
the Health Officer.
3. Approved closed cabinets for the storage of instruments, dyes,
pigments, stencils, duplicating masters and other paraphernalia used
in the shop shall be provided. All needles and Instruments shall be
stored in autoclave packaging and handled in such a manner as to
prevent recontamination.
0. The open end of the needle tube of the machine shall be cleaned and
sanitized with an approved germicidal before each use.
Wj
SECTION XII. TEMPORARY OR MOBILE ESTABLISHMENTS.
A. No person shall be certified to apply permanent cosmetics or tattoo many
temporary place of business, such as carnivals, mass gatherings or similar
public gatherings of a temporary nature without an approved mobile
facility.
B. Mobile units shall meet all the requirements of these Rules and
Regulations with the following additional requirements:
1. Liquid waste shall be stored in a permanently installed retention
tank that is at least 15 percent larger capacity than the water
tank. Liquid waste shall not be discharged from the tank when the
mobile unit is in motion. All liquid waste shall be discharged to an
approved sanitary sewage disposal system.
2. A potable water system under pressure shall be provided. Enough
potable water shall be available in the unit for cleaning and for
handwashing. A heating facility capable of producing enough hot
water for these purposes shall be provided on the unit. The water
inlet shall be provided with a transition connection of a size or
type that will prevent its use for other service. The water inlet
shall be coated so that it will not be contaminated by waste
discharge, road dust, oil, or grease and it shall be kept capped
unless being filled.
C. The Health Officer may impose additional requirements to protect against
health hazards related to a mobile permanent cosmetic or tattoo unit.
SECTION XIII. TREATMENT AND DISPOSAL OF INFECTIOUS HASTE. Treatment and -
disposal of infectious waste including sharps shall conform to Act 96 of 1913
as amended and Act 41 of 1992, The Management of Regulated Medical Waste from
Health Care Related Facilities.
SECTION XIV. SUBMISSION OF PLANS. Before any permanent cosmetic or tattoo
establishment is constructed or an existing structure is converted to use as
said establishment, plans shall be submitted to the Arkansas Department of
Health for review and approval. The plans and specifications shall include
the work room layout, plumbing plans, construction materials and the type and
model of proposed equipment. No permanent cosmetic or tattoo establishment
shall be constructed, remodeled or converted except in accordance with
approved plans.
SECTION XV. INSPECTIONS. 'Inspection of a permanent cosmetic or tattoo
establishment shall be performed as often as necessary for the enforcement of
these Regulations.
10
SECTION XVI. ACCESS TO ESTABLISHMENT; CLOSURE FOR VIOLATION; SUSPENSION OR
REVOCATION OF ARTIST OR ESTABLISHMENT CERTIFICATION
A. The Department at all reasonable times shall have access to and is hereby
empowered to enter any and all parts of the premises of any permanent
cosmetic or tattoo establishment for the purpose of making inspections to
determine compliance with these regulations. The Department shall also be
permitted access to all required records. ..
B. If It is determined upon inspection that any permanent cosmetic or tattoo
establishment is being maintained contrary to the provisions of these
regulations, such establishment shall be closed until provision is made to
comply with the regulations: and permission is given by the Health Officer
to reopen.
C. After written notice, the Health Officer may suspend or revoke any artist
certification or certificate of sanitation issued in accordance with these
Rules and Regulations for violation of the provisions of these Rules and
Regulations. The artist or operator may appeal such suspension or
revocation as provided for by the Administrative Procedures of the State
Board of Health.
SECTION XVII. RELATED REGULATIONS. All permanent cosmetic and tattoo
establishments shall comply with all appropriate state laws, rules and
regulations, including but not limited to the following:
A. Arkansas Department of Health Rules and Regulations Pertaining to General
Sanitation.
B. Act 402 of 1977, as amended, and Rules and Regulations Pertaining to
Sewage Disposal Systems and Installers.
C. Arkansas Department of Health Rules and Regulations Pertaining to Public
Water Systems and The Safe Drinking Water Act.
D. Arkansas State Plumbing Code.
E. Act 41 of 1992 - The Management of Regulated Medical Waste from Health
Care Related Facilities.
F. The Rules and Regulations Pertaining to the Control of Communicable
Diseases.
SECTION XVIII. PENALTY. Every firm, person,
the provisions of these Rules and Regulations
misdemeanor and upon conviction thereof shall
less than one hundred dollars ($100) nor more
or by imprisonment not exceeding one month, o
shall constitute a separate offense (A.C_A. §
in addition to other remedies available to th
suspension or revocation of certification, an
r
e
d
or corporation violating any of
shall be deemed guilty of a
be punished by a fine of not
than five hundred dollars ($500)
both. Each day of violation
20-7-101.) Any penalty will be
Department, including
civil penalties.
11
From: "Mark Zweig" <mzweig@zweigwhite.com>
To:<dasanders@ci.fayetteville.ar.us>
CC: <jpate@ci.fayetteviue.ar.us>, <dcoody@ci.fayetteville.ar.us>
Date: 11 /24/2008 11:49 AM
Subject: Lowlife Tattoo
Dara—I know there is a hearing on this on December 8th but I teach that night at The U of A. As someone
with a couple properties near here (238 S. Church and 204 W. South), both of which we have done
extensive rehabs to, greatly increasing their value (both were near or at teardown quality when we bought
them), I am vehemently opposed to this tattoo parlor. It sucks down the value of the neighborhood and my
properties. It is not the kind of business we need here at all. I also object to the way they started this
business without proper permits, have continued to use illegal signage, etc. I even object to the name —
"lowlife" is not what we need here. I want this on the record, please.
Thank you,
Mark C. Zweig
From: <jewlzmcq@cox.net>
To: <planning@ci.fayetteville.ar.us>,<dasanders@ci.fayetteville.ar.us>
Date: 12/22/2008 9:48 AM
Subject: Lowlife Tattoo
Dear Planning Commissioners,
I was shocked by some of the comments at the Planning Commission regarding Lowlife Tattoo. The
implication that only undesirables and criminals get tattoos was extremely small-minded and offensive. I
happen to have 2 tattoos and 1 body piercing and I think I'm considered a fairly respectable Fayetteville
citizen. I know I am not the only person in Fayetteville that has been offended by your discussion and
actions regarding this business and issue.
I find the business name "Lowlife Tattoo" very clever, especially considering the ridiculous reaction of your
commission. Tattoo parlors are far more respectable than many other businesses and they are closely
regulated for age, health and safety.
I encourage you to bring your thinking into this century and approve this conditional use without further
delay.
Sincerely,
Julie McQuade
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1(1/7/2009) Dara Sanders - C.U.P. Time revision for Lowlife Tattoo Page 1
From: LOWLIFE TATTOO <lowlifetattoo@live.com>
To: Dara Sanders<dasanders@ci.fayetteville.ar.us>
Date: 1/7/2009 3:14 PM
Subject: C.U.P. Time revision for Lowlife Tattoo
I am writing this letter to request a revision of my opperating hours at Lowlife Tattoo. Our current
hours are Teusday-Thursday 12 P.M. till 9 P.M. and 12 P.M. until 11 P.M: on Fridays and Saturdays. I
would like to have the ability to open for a few hours on Sunday (noon untill 4ish) and Monday (noon until
9) if need be. The reasons why are as follows. My daytime artist is moving to Arizona. I have a full time
day job at my restaruant. Now that I am the only artist working at Lowlife Tattoo the shop will not be open
until around 5:30 in the afternoon after I get off work. My shop is loosing around 33 hours a week
because of this. I would like to be able to open on these days if I need to. I allready work 13 hours a day 5
days a week and only 8 on the 6th day. I have no desires to open 7 days a week full time, but I don't want
to cause an uproar if I do. There are several shops that do this through the slow season allready to make
up for lost money. I hope you take this into consideration. Thank you for your time Collin Wilkins
your life in sync.
xplore?ocid=TXT_TAGLM_W L_t1_allup_explore_012009
CUP 08-3158 (Wilkins):
Interior Images of the Business
(provided by the applicant)
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(1/23/2009) Sondra Smith - Brenda Thiel's appeal T Page 1
From: USA & CANADA EMPLOYMENTS OFFICE <bthiel@cox.net> *.
To: <ssmith@ci.fayetteville.ar.us>
CC:<kwilliams@ci.fayetteville.ar.us>
Date: 1/22/2009 3:02 PM
Subject: Brenda Thiel's appeal
Sondra,
This is a confirmation of my appeal of the CUP for a tattoo parlor on Archibald Yell Blvd. Would you
please let me know which other Alderperson appealed this with Adella and I.
Thanks,
Brenda Thiel
Page 1 of 1
Clarice Pearman - 42-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Pate, Jeremy
2.19.09 6:58 PM
42-09
Audit; GIS
Audit; GIS
Jeremy: II
Attached is a copy of the above resolution passed by the City Council affirming CUP 08-3158 Wilkins. Please let me know if
there is anything else needed for this item.
Have a good day
Clarice
file://C:\Documents%20and%2OSettings\cpearman.000\Loca1%20Settings\Temp\XPgrpwise\499DABC7F... 2.19.09