STAFF S REQUEST ANALYSIS AND RECOMMENDATION 12SN0171. Chesterfield County Board of Supervisors

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Vernon Dorsey
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E MNGE: yan amsey February 21, 2012 P March 28, 2012 B B Time emaining: 365 days TFF EQUET NLYI ND EOMMENDTION 12N0171 hesterfield ounty Board of upervisors Bermuda Magisterial District 12639

1 E MNGE: yan amsey February 21, 2012 P March 28, 2012 B B Time emaining: 365 days TFF EQUET NLYI ND EOMMENDTION 12N0171 hesterfield ounty Board of upervisors Bermuda Magisterial District Jefferson Davis Highway EQUET: onditional use approval to permit a consumer finance establishment in ommunity Business (-3) and General Business (-5) Districts. POPOED LND UE: consumer finance establishment has operated on the request property since 1991 without requisite conditional use approval. ontinued operation of the consumer finance establishment is planned. PLNNING OMMIION EOMMENDTION EOMMEND PPOL UBJET TO THE ONDITION ON PGE 2. ecommend approval for the following reasons: TFF EOMMENDTION. The existing consumer finance establishment has operated within the request property without any apparent adverse impact on area properties. s conditioned, the use would have no greater impact on existing and anticipated commercial development than does the permitted commercial uses for the zoning district. B. onditions address land use compatibility issues between the proposed use and area commercial development.. imilar facilities have been operating throughout the ounty with no apparent adverse impact on adjoining commercial uses. Providing a FIT HOIE community through excellence in public service

2 (NOTE: ONDITION MY BE IMPOED O THE POPETY OWNE MY POFFE ONDITION. ONDITION NOTED TFF/P WEE GEED UPON BY BOTH TFF ND THE OMMIION.) ONDITION (TFF/P) 1. This conditional use approval shall permit the operation of one (1) consumer finance establishment on the subject property. (P) (TFF/P) 2. This establishment shall not offer auto title lending or payday lending. (P) (TFF/P) 3. Neon window signs shall not be permitted. (P) Location: (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in ection of the Zoning Ordinance.) GENEL INFOMTION The request property is located in the southeast corner of West Hundred oad and Jefferson Davis Highway, and is better known as Jefferson Davis Highway. Tax ID Existing Zoning: ize: -3 and acres Existing Land Use: ommercial djacent Zoning and Land Use: North and East - -5; ommercial outh and West - -3; ommercial 2 12N0171-M28-BO-PT

3 UTILITIE Public Water and Wastewater ystems: This site is currently connected to the public water and wastewater systems. This request will not impact the public utility systems. Drainage and Erosion: Fire ervice: ENIONMENTL This request will have minimal impact on these facilities. PUBLI FILITIE The Dutch Gap Fire tation, ompany Number 14, currently provides fire protection and emergency medical service (EM). This request will have a minimal impact on Fire and EM. ounty Department of Transportation: The proposed land use will have a minimal impact on the anticipated traffic generation from development on the property. irginia Department of Transportation (DOT): This request will have no impact on these facilities. omprehensive Plan: LND UE The subject property is located within the boundaries of the outhern Jefferson Davis orridor Plan, which suggests the property is appropriate for commercial use. rea Development Trends: The area is characterized by a mix of commercial uses, including the Bermuda quare hopping enter, and the Breckenridge hopping enter to the west. It is anticipated these types of uses would continue in this area, as suggested by the Plan. 3 12N0171-M28-BO-PT

4 Zoning History: In 1977, the Board of upervisors, upon a favorable recommendation by the Planning ommission, approved ase to rezone a portion of the subject property for commercial uses. This case affected the now developed Bermuda quare hopping enter, of which the subject site is a part. In 1991, OneMain Financial gained approval from the ounty s building permit process to locate within the Bermuda quare hopping enter. The building permit allowed OneMain Financial to construct new office space within the shopping center and install external signage identifying the business. t that time, Planning staff had informally considered consumer finance establishments to be comparable to banks as a land use. On November 2, 2011 the Board of Zoning ppeals upheld the decision of the Director of Planning that automobile title lending is not specifically enumerated, and is therefore, not permitted by right, within a General Business (-5) District (ase 12N0155). While consumer finance establishments were not the issue on appeal, the appellant had claimed these uses were similar to auto title lenders. This claim required staff to reexamine zoning interpretations and practices related to consumer finance establishments. taff research found that consumer finance establishments are not specifically enumerated by the Ordinance and therefore, require zoning approval. In December 2011, the Board of upervisors initiate zoning applications for the eight (8) existing consumer finance establishments that had located in the ounty without requisite zoning approval. Proposed Use: onsumer finance establishments provide alternative financial services, and are regulated by the tate orporation ommission. onsumer finance establishments provide financial services in the form of short to medium term loans with high interest rates. These loans primarily take the form of unsecured consumer loans, third-party credit lines or home equity lending. Unlike banks or savings and loan institutions, consumer finance establishments do not offer deposit account services or first mortgages. Development tandards: The conditions of the current proposal would limit the number of consumer finance establishments on the subject property, prohibit undefined forms of alternative financial services and address signage for this use. (onditions 1 through 3) ONLUION The consumer finance establishment has operated on the subject property since 1991 without any apparent adverse impact on area properties. s conditioned, the existing use would have no greater impact on existing and anticipated area commercial development than permitted commercial uses for the underlying zoning district. The consumer finance establishment would be no more intense than uses currently permitted. In addition, the conditions further limit any adverse impact the 4 12N0171-M28-BO-PT

5 proposed use might have on area properties. Given these considerations, approval of this request is recommended. E HITOY Planning ommission Meeting (2/21/12): The applicant accepted the recommendation. There was one (1) speaker noting a concern relative to the condition not allowing auto title lending. On motion of Mr. Patton, seconded by Mr. Waller, the ommission recommended approval subject to the conditions on page 2. YE: Messrs. Gulley, Waller, Brown, Patton and Wallin. The Board of upervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take under consideration this request. 5 12N0171-M28-BO-PT

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STAFF S REQUEST ANALYSIS AND RECOMMENDATION 09SN0216. Jennifer R. Hicks. Matoaca Magisterial District Raised Antler Circle

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