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11SN0201CASE MANAGER: Michael Janosik .~-- .~~ r { ~f ' { ~ I-~~iY~ ry ~~ { ~~F'ti :.'f ~~~ ~}~f • ~r , r,'+irl .rF i . ~. B S Time Remaining 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 11 SN0201 Roger Habeck June 15, 2011 BS Bermuda Magisterial District Northeast corner of Reymet Road and Jefferson Davis Highway RE VEST: Conditional use approval to permit a pawnbroker on .3 acre of a 5.1 acre tract. PROPOSED LAND USE: A pawnbroker business is planned within an existing shopping center. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. while the Jefferson Davis Corridor Plan suggests the property is appropriate for regional mixed use, the proposed use is consistent with the established commercial uses in the shopping center. B. The proposed use is representative of and compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OwNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED wITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITIONS (STAFF/CPC) 1. This conditional use approval shall be granted to and for 2nd Chance Exchange and Gold, LLC only for so long as Bobby R. Ratcliff, Jr. or Patricia Ann Ratcliff remain the managing partners of 2nd Chance Exchange and Gold, LLC. This conditional use approval shall not be transferable nor run with the land. (P) (STAFF/CPC) 2. This conditional use approval shall be for the operation of a pawnbroker business only. (P) (STAFF/CPC) 3. Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., Monday through Saturday. There shall be no Sunday operation permitted for this use. (P) (STAFF/CPC) 4. There shall be no gun sales to the general public permitted relative to t is use. (P) GENERAL INFORMATION T .nr.ati nn The request property is located in the northeast corner of Reymet Road and Jefferson Davis Highway. Tax ID 794-667-7397. Existin.~g: C-5 Size: 0.3 acre of a 5.1 acre tract Existing Land Use: Commercial Adjacent Zoning and Land Use: North - MH- l ;Mobile home park South - C-3 and R-7; single-family residential and commercial East - C-3 and R-7; Vacant and single-family residential West - C-3; Commercial 2 11SN0201 JUN15-BOS-RPT UTILITIES; FIRE; ENVIRONMENTAL; AND PUBLIC FACILITIES This request will have no impact on these facilities. T,ANn TIFF. Comprehensive Plan: The subject property is located within the boundaries of the Jefferson Davis Corridor Plan, which suggests the property is appropriate for regional mixed use. Area Development Trends: The property to the north is zoned and developed for a mobile home park. Other properties along the Jefferson Davis Highway Corridor, in the vicinity of the request site, are zoned and developed commercially. Properties to the south and east, along Reymet Road, are zoned commercially and residentially, and are occupied by single-family residences or remain vacant. It should be noted that Reymet Road serves as a principal access for industrially zoned and developed property to the east of Route 95. It is anticipated that residences along the north and south lines of Reymet Road, in the vicinity of the request site, will eventually be zoned and redeveloped for regional mixed use as a consequence of existing area commercial and industrial land use and transportation patterns. Zonin H.~ istory: On August 28, 1996 the Board of Supervisors, upon favorable recommendation from the Planning Commission, approved rezoning from Community Business (C-3) to General Business (C-5) on the subject property. With approval of that case, additional commercial uses were allowed on the request site. The existing building on the site was built as an office/warehouse in 1965 and was added on to in 1971. Uses: Pawnbroker businesses are regulated under Professions and Occupations laws found in the Code of Virginia, 1950, as amended, in title 54.1, Chapter 40. Additionally, Section 54.1-4001 A states that "no person shall engage in the business of a pawnbroker without having a valid license issued by the county, city or town in which the pawnbroker conducts such business." The Police Department has a process in place for the licensing of a pawnbroker which includes an application and a background check. Conditional use approval has been requested to allow a pawnbroker in a General Business (C-5) District. Pawnbrokers are allowed by conditional use approval in Agricultural (A), General Business (C-5), General Industrial (I-2) and the Heavy Industrial (I-3) districts. With approval of this request, the use would be limited to and for the owners of the business only. (Proffered Condition 1) 3 11SN0201 JUN15-BOS-RPT Site Design: The request property lies within the Jefferson Davis Highway Post Development Area and has been developed for shopping center use. A strip shopping center has been developed on the property. The business owners plan to locate the pawnbroker business within an existing retail business (2nd Chance Exchange and Gold). They would like to add pawnbroker services to the established business. Redevelopment of the site or new construction must conform to development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. CONCLUSION The proposed use would be no more intense than uses currently permitted. In addition, the proposed use is representative of, and compatible with, existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (5/17/1 l): The applicant accepted the recommendation. There was support present from an adjacent business operator stating the applicant would be providing a service to the community and that there had been no issues with the business. Also, a petition of support with 200 signatures was submitted. Mr. Hassen stated he supported the case subject to the proffered conditions stating that there would be no gun sales to the public and the use would be granted only to Bobby Ratcliff and Patricia Ratcliff. Mr. Hassen stated the applicant owned another location in the county and there have been no problems with the business and that Mr. Ratcliff was an auxiliary police officer. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors, on Wednesday, June 15, 2011 beginning at 6:30 p.m., will take under consideration this request. 4 11SN0201 JUN15-BOS-RPT