12SN0207CASE MANAGER: Robert Clay
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0207
Community Loans of America
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Tune 26, 2013 BS
Clover Hill Magisterial District
Southeast corner of Midlothian Turnpike and Pocono Drive
REQUEST: Conditional use approval to pernut motor vehicle title lending in a General Business
(GS) District
PROPOSED LAND USE:
A motor vehicle title lending business is planned. The applicant intends to use an
existing, vacant building on the property.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed motor vehicle title lending business conforms to the adopted
Alternative Financial Institution (AFI) Policy with the exception of
Comprehensive Plan designation.
B. While The Comprehensive Plan designates the property for Neighborhood Business
(C-2) uses, the Policy suggests such should uses be located in areas designated by
the Plan for General Business, and is some cases, Community Business uses. Given
the location of the request property within a GS District, as proffered, the proposed
AFI would be compatible with area commercial development.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
The Owners and the Developers for themselves and their successors or assigns (the "Developer")
in this zoning case, pursuant to §152-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, proffer that the development of the property known as
Chesterfield County Tax Identification Number 748-709-7505 (the "Property") under
consideration will be developed according to the following proffered conditions if, and only if,
the request for a conditional use ("CU") is granted. In the event the request is denied or approved
with conditions not agreed to by the Developer, the proffers shall immediately be null and void
and of no further force or effect.
(STAFF/CPC) 1. There shall be no exposed neon window signs other than "open"
for business signs. (P)
(STAFF/CPC) 2. No storage and/or sale of any surrendered vehicles shall be
permitted on the property. (P)
(STAFF/CPC) 3. This use shall be limited to the existing building or space within
the existing building only. There shall be no expansion or exterior
alterations to the existing building, including painting the brick
exterior, to accommodate this use. (P)
(Staff Note: This condition does not affect the ability to erect business
signage on the property in compliance with Ordinance requirements and
proffered conditions.)
GENERAL INFORMATION
Location:
The request property is located at the southeast corner of Midlothian Turnpike and Pocono
Drive, and is commonly is known as 10051 Midlothian Turnpike. Tax ID 748-709-7505.
Existing Zoning:
GS
Size:
0.9 acre
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Existing Land Use:
Vacant (Former bank building)
Adj acent Zoning and Land Use:
North - C-3; Commercial
South - G5; Office
East - G5; Office
West - C-2; Commercial
UTILITIES
Public Water and Wastewater Systems:
The request site is currently connected to the public water and wastewater systems. This
request will not impact the public utility systems
ENVIRONMENTAL; FIRE; AND COUNTY DEPARTMENT OF TRANSPORTATION
This proposal will have no impact on these facilities.
Virginia Department of Transportation (VDOT~:
This proposal will not impact these facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the request property for Neighborhood Business (C-
2) uses, generally attracting customers residing in neighborhoods within a small
geographical area.
Area Development Trends:
The area is characterized by a nuxture of commercial and office uses along this portion of
the Midlothian Turnpike Corridor. A small office use separates the subject parcel from the
Pocono subdivision to the south, along Pocono Drive. The subject property was previously
occupied by a bank use. The applicant intends to reuse this existing stricture.
Ordinance and Policy History:
On April 10, 2013 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an amendment to the Zoning Ordinance defining
Alternative Financial Institutions (AFPs) and identifying these uses as permitted by
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conditional use in the General Business (GS) District. Further, the Board adopted a
Policy providing general guidelines for the evaluation of zoning applications for AFP s.
The definition of AFP s includes motor vehicle title lending.
Proposed Use:
The applicant proposes to locate a motor vehicle title lending business within an existing
commercial building formerly occupied by a bank. Motor vehicle title lenders provide
alternative financial services in the form of loans secured by anon-purchase interest in a
motor vehicle.
The proposal would comply with the recently adopted Alternative Financial Institution
Policy relative to not being collocated with another AFI in the same building; no other
existing AFI within one (1) mile of the request property; no existing or anticipated
residential zoning contiguous to the request property; and not being located within a
revitalization area identified in the Policy. Consistent with the Policy, Proffered Conditions
prohibit the use of exposed neon window signs other than "open" for business signs.
(Proffered Condition 1)
The proposal is located on property zoned General Business (GS). The Policy indicates that
AFP s should be located in areas designated by the Plan for C-5 uses, with consideration
afforded to areas designated for Community Business (C-3) uses based on conditions that
provide for adequate land use transition and compatibility. While designated by the
Comprehensive Plan for Neighborhood Business (C-2) uses, given the property's location
and orientation along the Midlothian Turnpike Corridor, as well as a transitional office use
between the subject property and area residential development to the south, the use would be
in keeping with area development patterns. To further provide for this compatibility with
other Corridor commercial uses, Proffered Condition 2 would prohibit the storage or sale of
surrendered vehicles on the property. Proffered Condition 3 would linut this use to the
existing building with no expansion or exterior alterations to this building. This proffer
would maintain the existing red brick building exterior.
CONCLUSION
The proposed motor vehicle title lending business conforms to the adopted Alternative Financial
Institution (AFI) Policy with the exception of the Comprehensive Plan designation. Given the
location of the request property within a GS District, as proffered, the proposed AFI would be
compatible with area commercial development.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (1/15/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their March 19, 2013 public hearing.
Staff (1/16/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 22, 2013 for consideration at the Commission's
March 19, 2013 public hearing.
Staff (2/1/13):
To date, no new information has been received.
Planning Commission Meeting (3/19/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their May 21, 2013 public hearing.
Staff (3/20/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 25, 2013 for consideration at the Commission's
May 21, 2013 public hearing.
Staff (4/30/13 and 5/7/13):
Proffered conditions were received.
Planning Commission Meeting (5/21/13):
The applicant's representative accepted the recommendation. There was no opposition
present.
12SN0207-1UN26-BOS-RPT
On motion of Mr. Gulley, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under
consideration this request.
12SN0207-1UN26-BOS-RPT
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