12SN0170CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0170
Chesterfield County
Board of Supervisors
Clover Hill Magisterial District
10805 Midlothian Turnpike
1 TLZ.TLTIT
March 28, 2012 BS
REQUEST: Conditional use approval to permit a consumer finance establishment in a General
Business (GS) District.
PROPOSED LAND USE:
A consumer finance establishment has operated on the request property since 2000
without requisite zoning approval. Continued operation of the consumer finance
establishment is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The existing consumer finance establishment has operated within the request
property without any apparent adverse impact on area properties. As 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. Conditions address land use compatibility issues between the proposed use and
area commercial development.
C. Similar facilities have been operating throughout the County with no apparent
adverse impact on adjoining commercial uses.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall permit the operation of one (1)
consumer finance establishment on the subj ect property. (P)
(STAFF/CPC) 2. This establishment shall not offer auto title lending or payday
lending. (P)
(STAFF/CPC) 3. Neon window signs shall not be permitted. (P)
(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 Section 19-175 of the Zoning Ordinance.)
GENERAL INFORMATION
Location:
The request property is located on the south line of Midlothian Turnpike, east of Southlake
Boulevard and better known as 10805 Midlothian Turnpike. Tax ID 745-709-0410.
Existing Zonin
C-5
Size:
.8 acre
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North - O-2; Office
South, East and West - C-5; Commercial
2 12SN0170-MAR28-BOS-RPT
UTILITIES
Public Water and Wastewater Systems:
This site is currently connected to the public water and wastewater systems. This request will not
impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact on these facilities.
PUBLIC FACILITIES
Fire ~ervice~
The Courthouse Fire Station, Company Number 20, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
will have a minimal impact on Fire and EMS.
County Department of Transportation:
The proposed land use will have a minimal impact on the anticipated traffic generation
from development on the property.
Vir ing is Department of Transportation VDOT~:
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Area Plan, which
suggests the property is appropriate for general commercial use.
Area Development Trends:
The area is characterized by a mix of commercial uses along this portion of the Route 60
corridor and a light industrial/office park development (Southport Business Center) to the
south. It is anticipated these types of uses would continue in this area, as suggested by the
Plan.
3 12SN0170-MAR28-BOS-RPT
Zoning History:
In 2000, OneMain Financial gained approval from the County's building permit process
to locate within the subject property. The building permit allowed OneMain Financial to
construct new office space within the shopping center and install external signage
identifying the business. At 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 Appeals 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 (GS) District (Case 12AN0155). 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. Staff research
found that consumer finance establishments are not specifically enumerated by the
Ordinance and therefore, require zoning use approval. In December 2011, the Board of
Supervisors initiated zoning applications for the eight (8) existing consumer finance
establishments that had located in the County without requisite zoning approval.
Proposed Use:
Consumer finance establishments provide alternative financial services, and are regulated
by the State Corporation Commission. Consumer 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 Standards:
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. (Conditions 1 through 3)
CONCLUSION
The consumer finance establishment has operated on the subject property since 2000 without any
apparent adverse impact on area properties. As 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
proposed use might have on area properties. Given these considerations, approval of this request is
recommended.
4 12SN0170-MAR28-BOS-RPT
CASE HISTORY
Planning Commission Meeting (2/21/12):
The applicant accepted the recommendation.
There was one (1) speaker noting a concern relative to Condition 2 not allowing auto title
lending.
On motion of Mr. Gulley, seconded by Dr. Brown, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
5 12SN0170-MAR28-BOS-RPT
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