12SN0174CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0174
Chesterfield County
Board of Supervisors
Clover Hill Magisterial District
8245 Hull Street Road
1 TLZ.TLTIT
March 28, 2012 BS
REQUEST: Amendment of conditional use planned development (Case 85 S 157) relative to uses
in a Community Business (C-3) District.
PROPOSED LAND USE:
A consumer finance establishment has operated on the request property since 1994
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.)
~n~rnTTTnN
(STAFF/CPC) Amend Condition 1 of Case 855157 to add the following:
(a) No more than one (1) consumer finance establishment may be
located on the subject property, subject to the following
restrictions:
The consumer finance establishment is located within
Buildings A-E.
ii. This establishment shall not offer auto title lending or
payday lending.
iii. 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
T .nrati nn
The request property is located on the east line of Hull Street Road, north of Walmsley
Boulevard, and is better known as 8245 Hull Street Road. Tax ID 760-692-5131.
Existing Zoning:
C-3 with conditional use planned development
Size:
10.2 acres
Existing Land Use:
Commercial
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Adjacent Zoning and Land Use:
North - A; Residential, commercial or vacant
South - A and R-9; Residential and vacant
East and West - C-3; Commercial and vacant
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 Manchester Fire Station, Company Number 2, and Manchester 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.
T ANTI T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the Route 360 Corridor Plan,
which suggests the property is appropriate for community mixed use.
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Area Development Trends:
The area is characterized by a mix of commercial uses along this portion of the Route 360
corridor, including the Cross Pointe Station Shopping Center. It is anticipated these types of
uses would continue in this area, as suggested by the Plan.
Zoning HistorX:
On September 24, 1986 the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved Case 855157 for rezoning to Community Business
(B-2) with a conditional use planned development. This case regulated development of
the Cross Pointe Station Shopping Center, of which the subject site is a part.
In 1994, OneMain Financial gained approval from the County's building permit process
to locate within the Cross Pointe Station 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 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 subject property.
Development Standards:
The conditions for development standards approved with Case 85 S 157 would still be
applicable with approval of this case. These conditions address architecture, buffers, exterior
4 12SN0174-MAR28-BOS-RPT
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 1 (a))
CONCLUSION
The consumer finance establishment has operated on the subject property since 1994 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 Mr. Gulley, 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 12SN0174-MAR28-BOS-RPT
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