11SN0211
CASE MANAGER: Darla Orr
May 25, 2011 BS
ADDENDUM
BS Time Remaining:
11SN0211
365 days
Patsy Stargardt
Clover HillMagisterial District
North and south lines of Genito Road
REQUEST:Conditional use approval to permit an outdoor vendorsmarket in a General Business
(C-5) District.
PROPOSED LAND USE:
An outdoor vendors market is proposed incidental to the principal use of the
propertywhich is a commercial outdoor recreational use (Southside Speedway).
(Proffered Condition 2)
This addendum is provided to advise the Board of the Planning Commission’s recommendation for
this caseand to advise that on May 17, 2011 the applicant revised Proffered Conditions 1 and 6.
Thesemodified proffers were accepted by the Commissionand are recommended to you by the
Commission and staff as acceptable.Specifically, Proffered Condition 1 was modified to include
language that would allow the conditional use to be granted to, in addition to the property owners,
an entity such as a limited liability corporation in which the property owners have a majority
ownership or controlling interest.Proffered Condition 6 was revised to clarify that the operator of
the vendors market, in additionto the property owner, would be responsible for the removal of litter
from the market and parking areas each operating day.
Staff continues to recommend approval of this request for the reasonsoutlined in the “Request
Analysis.”
PLANNING COMMISSION RECOMMENDATION
ON MAY 17, 2011 THE PLANNING COMMISSION RECOMMENDED APPROVAL AND
ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2 IN THE “REQUEST
ANALYSIS.”
NOTE: SINCE THE REVISED PROFFERS WERE SUBMITTED SUBSEQUENT TO
THE ADVERTISEMENT OFTHE CASE, IT WOULD BE NECESSARY FOR THE
BOARD TO SUSPEND THEIR PROCEDURES TO CONSIDER THESE REVISED
PROFFERED CONDITIONS.
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PROFFERED CONDITIONS
(STAFF/CPC)1.The conditional use shall be granted to Patsy Stargardt and Sue
Clements and/or an entity including, although not exclusively, a
limited liability corporation in which Patsy Stargardt and/or Sue
Clements has a majority ownership or controlling interest. The
conditional use shall not be transferrable or run with the land. (P)
(STAFF/CPC)6.The property owner and operator of the vendors market shall be
responsible for the removal of litter from the market and parking
areas at the close of business each operating day. (P)
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Applicant (5/17/11):
Revised proffered conditions were submitted.
Planning Commission Meeting (5/17/11):
The applicant accepted the recommendation.There was no opposition present.
On motion of Mr. Gulley, seconded by Mr.Waller, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Hassen, Gulley and Waller.
The Board of Supervisors, on Wednesday, May 25, 2011, beginning at 6:30 p.m., will take under
consideration this request.
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CASE MANAGER: Darla Orr
May 17, 2011 CPC
May 25, 2011 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
11SN0211
Patsy Stargardt
Clover HillMagisterial District
North and south lines of Genito Road
REQUEST:Conditional use approval to permit an outdoor vendorsmarket in a General Business
(C-5) District.
PROPOSED LAND USE:
An outdoor vendors market is proposed incidental to the principaluse of the
propertywhich is a commercial outdoor recreational use (Southside Speedway).
(Proffered Condition 2)
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON TUESDAY, MAY 17, 2011. STAFF WILL ADVISE THE BOARD OF THE
COMMISSION’S ACTION AFTER THEIR MEETING.
RECOMMENDATION
Recommend approval for the following reasons:
A.The proposed use would be incidental to the commercial outdoor recreational use
(motor vehicle speedway)which has operated on the request property since 1959
without any apparent adverse impact on area properties.As conditioned, the
proposed land use would be compatible with existing and planned area commercial
and industrial development.
B.The outdoor vendors market will have a similar impact on the surrounding area as
the existing outdoor commercial recreational use on the property and a farmers
market which is permitted under the existing zoning.
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(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERSMAY
PROFFER CONDITIONS.)
PROFFERED CONDITIONS
1.The conditional use shall be granted to Patsy Stargardt and Sue Clements
exclusively and shall not be transferrable or run with the land.(P)
2.The vendors market shall be operated incidental to the principal use of the
property as a motor vehicle raceway.(P)
3.All activities associated with the vendors market, including vendor booths and
merchandise displays shall be located within the solid wooden fence as shown on
Exhibit A.Such fence shall be maintained to screen view of the market from
public rights of way and adjacent properties.(P)
4.The vendors market shall be permitted to operate from April through November
on Saturdays and Sundays between the hours of 6:00 a.m. until 3:00 p.m.(P)
5.No continuous orovernight storage or display of vendors’ merchandise shall be
permitted.(P)
6.The property owner shall be responsible for the removal of litter from the market
and parkingareas at the close of business each operating day.(P)
7.This conditional use approval shall be granted for a period of three (3) years from
the date of approval.(P)
GENERAL INFORMATION
Location:
The request property is located along the north and south lines of Genito Road, west of
Warbro Road. Tax ID 735-689-5818.
Existing Zoning:
C-5
Size:
46.5acres
Existing Land Use:
Commercial(commercial outdoor recreational use –Southside Speedway)
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Adjacent Zoning and Land Use:
North-I-1; Commercial, light industrial or vacant
South-A; Pulic/semi-public (Warbro Athletic Complex) or vacant
East-I-1and A; Commercial, light industrial or vacant
West-C-5; Commercial or vacant
UTILITIESAND ENVIRONMENTAL
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Swift Creek Fire Station, Company Number 16, currently provides fire protection
and emergency medical service. This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
This request will have a minimal impact on the traffic anticipated to be generated by the
property.
Virginia Department of Transportation(VDOT):
VDOT has no comment on this request.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Powhite/Route 288
Development AreaPlan, which suggests the property is appropriate for light industrial
use.
Area Development Trends:
Areas to the north, east and west are characterized by a mix of commercial and light
industrial uses. Public/semi-public use (a public park, Warbro Athletic Complex) isadjacent
to the south.It is anticipated that commercial and industrial uses will continue in the area, as
suggested by the Plan.
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Zoning History:
The property was zoned from Agricultural (A) to General Business in 1964 (64-46C).
The General Business zoning district was converted with various Zoning Ordinance
rewrites and is now the General Commercial (C-5) District, per the Zoning Ordinance.
UseLimitations:
The request property is the site of the Southside Speedway, a motor vehicle raceway, which
has operated on the property since 1959.The speedway is a permitted use on the request
property because commercial outdoor recreational use is permitted by-right in the General
Commercial (C-5) District.
The applicant plans to operate an outdoor vendors market which will include,as one
component, a farmers market (prepared food and fruit and vegetable vendors).The farmer’s
market portion is permitted by the current zoning.The second component of the proposed
market will include space for craft vendors, church or civic groups selling used items and
other vendors of new and used items.The Zoning Ordinance requires conditional use
approval for this component of the market.
The use would be allowed to operate only if it is incidental to the principal use of the
property as a motor vehicle raceway (Proffered Condition 2).In other words, the vendor’s
market would not be allowed as the principal use on the property.Proffered Condition 5
would prohibit continuous or overnight storage or display of vendors’ merchandise.
Operation of the market would be permitted on Saturdays and Sundays between 6:00 a.m.
and 3:00 p.m. during April through November (Proffered Condition 4).In addition,
proffered conditions limit approval to the property owners only,and only for a period of
three (3) years from the date of approval (Proffered Conditions 1 and 7).
Site Development:
The vendors market would be operated incidental to the principal use, Southside Speedway
(Proffered Condition 2).All activities associated with the market, including vendor booths
and merchandise displays, would be required to be located within the solid wooden fence as
shown on Exhibit A (Proffered Condition 3);therefore,no additional development or
construction is planned to accommodate this use.Exhibit A also shows existing parking
areas which would be utilized when the market is operational.
The property owner would be required to maintain the fence to screen view of the market
and to remove litter from the market and parking areas at the close of business each
operating day.(Proffered Conditions 3 and 6)
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CONCLUSION
Southside Speedway, a commercial outdoor recreational use, has operated on the request property
since 1959 without any apparent adverse impact on area properties.As conditioned, the outdoor
vendors market would be compatible with existing and anticipated area development.
The outdoor vendors market would have a similar impact on the surrounding area as the existing
commercial outdoor recreational use and the farmersmarketcomponent which is permitted
under the existing zoning.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Staff (5/11/11):
If the Planning Commission acts on this request on May 17, 2011, the case will be
considered by the Board of Supervisors on May 25, 2011.
The Board of Supervisors, on Wednesday, May 25, 2011, beginning at 6:30 p.m., will take under
consideration this request.
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