12SN0171CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0171
Chesterfield County
Board of Supervisors
Bermuda Magisterial District
12639 Jefferson Davis Highway
1 TLZ.TLTIT
March 28, 2012 BS
REQUEST: Conditional use approval to permit a consumer finance establishment in Community
Business (C-3) and General Business (GS) Districts.
PROPOSED LAND USE:
A consumer finance establishment has operated on the request property since 1991
without requisite conditional use 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 "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 in the southeast corner of West Hundred Road and Jefferson
Davis Highway, and is better known as 12639 Jefferson Davis Highway. Tax ID 799-654-
3322.
Existing Zonin
C-3 and C-5
Size:
15 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North and East - C-5; Commercial
South and West - C-3; Commercial
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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 Service:
The Dutch Gap Fire Station, Company Number 14, currently provides 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 Southern Jefferson Davis
Corridor Plan, which suggests the property is appropriate for commercial use.
Area Development Trends:
The area is characterized by a mix of commercial uses, including the Bermuda Square
Shopping Center, and the Breckenridge Shopping Center to the west. It is anticipated these
types of uses would continue in this area, as suggested by the Plan.
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Zoning HistorX:
In 1977, the Board of Supervisors, upon a favorable recommendation by the Planning
Commission, approved Case 775122 to rezone a portion of the subject property for
commercial uses. This case affected the now developed Bermuda Square Shopping
Center, of which the subject site is a part.
In 1991, OneMain Financial gained approval from the County's building permit process
to locate within the Bermuda Square Shopping Center. 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 approval. In December 2011, the Board of
Supervisors initiate 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 1991 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
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proposed use might have on area properties. Given these considerations, approval of this request is
recommended.
CASE HISTORY
Planning Commission 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 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.
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