12SN0173CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0173
Chesterfield County
Board of Supervisors
Matoaca Magisterial District
6131 Harbourside Centre Loop
1 TLZ.TLTIT
March 28, 2012 BS
REQUEST: Amendment of conditional use planned development (Case 88SN0056) relative to
uses in a Neighborhood Business (C-2) District.
PROPOSED LAND USE:
A consumer finance establishment has operated on the request property since 2005
without requisite zoning approval. Continued operation of the consumer finance
establishment is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION 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. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
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(STAFF/CPC) Amend Condition 11 of Case 88SN0056 to add the following:
ff. Consumer finance establishments, provided that:
(1) No more than one (1) consumer finance establishment is
located on the subject property, subject to the following
restrictions:
i. This establishment shall not offer auto title lending
or payday lending.
ii. Signs regulations for this use shall conform to the
approved sign package for the
development/shopping center. In addition, 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 Hull Street Road, west of Mockingbird
Lane and better known as 6131 Harbourside Centre Loop. Tax ID 730-674-0607.
Existing Zoning:
C-2 with conditional use planned development
Size:
3.3 acres
Existing Land Use:
Commercial
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Adjacent Zoning and Land Use:
North and South - O-2; Office and Vacant
East - C-2; Commercial
West - C-3; Commercial
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 Clover Hill Fire Station, Company Number 7 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 ink is Department of Transportation VDOT~:
This request will have no impact on these facilities.
T ANTI T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan
Amendment, which suggests the property is appropriate for community mixed use.
3 12SN0173-MAR28-BOS-RPT
Area Development Trends:
The area is characterized by a mix of commercial uses along this portion of the Route 360
corridor, including the Harbourside Centre Shopping Center, and a single-family
subdivision (Harbour Green) to the southeast. It is anticipated these types of uses would
continue in this area, as suggested by the Plan.
Zoning History:
On October 26, 1988 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved Case 88SN0056 for rezoning to Convenience Business
(B-1) with a conditional use planned development. This case regulated development of
the Harbourside Centre Shopping Center, of which the subject site is a part. On February
26, 2003 the Board of Supervisors, upon a favorable recommendation by the Planning
Commission, approved Case 02SN0236 to amend the previous conditional use planned
development to allow additional uses and bulk exceptions on the subj ect property.
In July 2005, OneMain Financial gained approval from the County's building permit
process to locate within the Harbourside Centre 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 (C-5) 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 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. A consumer
finance establishment is not a permitted use in the existing conditional use planned
development. Therefore, an amendment of the existing conditional use planned
development is required to allow the proposed use at the subj ect property.
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Development Standards:
The conditions for development standards approved with Case 88SN0056 would still be
applicable with approval of this case. These conditions address architecture, buffers, exterior
lighting, landscaping, parking setbacks, and signs. In addition to these requirements, 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. (Condition ff (1))
CONCLUSION
The consumer finance establishment has operated on the subject property since 2005 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.
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 Dr. Wallin, seconded by Dr. Brown, the Commission recommended
approval subject to the condition 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 12SN0173-MAR28-BOS-RPT
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