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13SN0102CASE MANAGER: Robert Clay rRFSFCr~~,. r,,,,,,,,,R, i c ~ni ~ r~r ~~~ T~ T~ k ~~~` "~~~ ~'~ June 26, 2013 BS BS Time Remaining: STAFF' S 365 days REQUEST ANALYSIS AND RECOMMENDATION 13 SN0102 Title Max of Virginia, Inc. Clover Hill Magisterial District 11225 Midlothian Turnpike REQUEST: Conditional use approval to permit 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 locate the use in an existing building on the property. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 1 AND 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. B. As proffered, the proposed AFI would be compatible with existing and anticipated area commercial development. (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.) Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice PROFFERED CONDITIONS The Owners and the Developers for themselves and their successors or assigns (the "Developer") in this zoning case, pursuant to Section15.2-2298 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 742-708-7872 (the "Property") under consideration will be developed according to the following proffered conditions if, and only if, the 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. Sins. There shall be no exposed neon window signs other than "open" for business signs. (P) (STAFF/CPC) 2. Storage. No storage and/or sale of any surrendered vehicles shall be permitted on the property. (P) (STAFF/CPC) 3. Building Use. This use shall be limited to the existing building or space within the existing building only. There shall be no expansion or exterior stnictural alterations to the existing building to accommodate this use; however, this shall not include painting the building. Any exterior building paint shall be neutral in color or a color that is consistent with the overall color scheme for the building, as approved by the Planning Department. (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 T ncati nn The request property is located on the south line of Midlothian Turnpike, west of Research Road and is better known as 11225 Midlothian Turnpike. Tax ID 742-708-7872. Existing Zonin GS Size: .9 acre Existing Land Use: Commercial 2 13SN0102-1UN26-BOS-RPT Adj acent Zoning and Land Use: North - C-3 and G5; Commercial South, East and West - G5; Commercial UTILITIES Public Water and Wastewater Systems: The existing stricture is connected to the public water and wastewater systems. This request will not impact these systems. ENVIRONMENTAL: FIRE: AND COUNTY DEPARTMENT OF TRANSPORTATION This request will have no impact on these facilities. Virginia Department of Transportation (VDOT): This request will have no impact on these facilities. T A NTl T TCF Comprehensive Plan: The Comprehensive Plan designates the request property for Community Business (C-3) uses that generally attract customers living or working within an approximate ten (10) mile radius. Area Development Trends: The area is characterized by commercial uses along this portion of the Midlothian Turnpike Corridor. The subject property is currently occupied by military recniiting offices. The applicant intends to use a portion of this existing stnict~ire. 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 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. 3 13SN0102-1UN26-BOS-RPT Zoning HistorX: On December 30, 1974 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved General Business zoning on the request property and adjacent property to the west. (Case 74SN0156) Proposed Use: The applicant proposes to locate a motor vehicle title lending business within a portion of an existing commercial building that is currently occupied by other commercial uses. 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 (AFI) Policy. Specifically, the use would not be collocated with another AFI in the same building; and would not be located within one (1) mile of an existing AFl, contiguous to existing or anticipated residential zoning, nor 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) While the proposal is located on property zoned General Business (GS), the Comprehensive Plan suggests the property is appropriate for Community Business (C-3) uses. The Policy indicates that AFPs should be located in areas designated by the Plan for GS 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. To provide for this compatibility with other Corridor commercial uses, Proffered Condition 2 would prohibit the storage or sale of surrendered vehicles on the property. Further, Proffered Condition 3 would linut this use to the existing building with no expansion or exterior alterations. The exterior of the existing building is currently painted white. This proffer would pernut repainting of the building with a neutral color or a color that is consistent with the overall color scheme for the building, as approved by the Planning Department. CONCLUSION The proposed motor vehicle title lending business conforms to the adopted Alternative Financial Institution Policy. Further, as proffered, the proposed AFI would be compatible with existing and anticipated area commercial development. Given these considerations, approval of this request is recommended. 4 13SN0102-JL`~N2Ei-BOS-RPT 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. In addition, revised proffers were submitted to staff. 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): Revised proffered conditions were received. Planning Commission Meeting (5/21/13): The applicant's representative accepted the recommendation. There was no opposition present. 13SN0102-JL`~N2Ei-BOS-RPT On motion of Mr. Gulley, seconded by Mr. Patton, the Commission recommended approval and acceptance of the proffered conditions on pages 1 and 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. 13SN0102-1UN26-BOS-RPT ,' I U U ,..~ 1 U ~ ,... 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