13SN0505CASE MANAGER: Ryan Ramsey
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BS Time Remaining: STAFF' S
365 days REQUEST ANALYSIS
AND
RECOMMENDATION
13 SNO505
Jack R. Wilson, III
Bermuda Magisterial District
11648 Jefferson Dads Highway
REQUEST: Rezoning from Community Business (C-3) to General Business (GS) plus
conditional use approval to pernut motor vehicle title lending.
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
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning conforms to the Chester Plan, which suggests the property is
appropriate for commercial uses.
B. The proposed motor vehicle title lending business conforms to the adopted
Alternative Financial Institution (AFI) Policy and, as proffered, 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
(STAFF/CPC) 1. There shall be no exposed neon window signs other than "open" for
business signs. (P)
(STAFF/CPC) 2. No storage andlor sale of any surrendered vehicles shall be pernutted
on the property. (P)
(STAFF/CPC) 3. This use shall be linuted to the existing building or space within the
existing building only. There shall be no expansion or exterior
alterations to the existing building. Any painting of the brick exterior
shall be neutral in color, as approved by the Planning Department.
(P)
(STAFF/CPC) 4. This Conditional Use approval shall be for the operation of an
alternative financial instihition. Proffered Conditions 1, 2 and 3 shall
apply to this Conditional Use only. (P)
(Staff Note: Proffered Condition 3 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 in the northwest corner of Osborne Road and Jefferson
Dads Highway and is better known as 11648 Jefferson Dads Highway. Tax ID 797-659-
4137.
Existing Zonin
C-3
Size:
0.3 acre
Existing Land Use:
Vacant (former convenience store building)
Adj acent Zoning and Land Use:
North, East and West - C-5; Commercial
South - C-3; Commercial
2 13SN0~0~-JL`~N2Ei-BOS-RPT
T TTTT TTTF C
Public Water and Wastewater Systems:
The request site is currently connected to the public water and wastewater system. This
request will not impact the public utilities systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, and Bensley-Bermuda Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS). This
request will have a nunimal impact on Fire and EMS.
County Department of Transportation:
The property is located in the northwest corner of the intersection of Jefferson Davis
Highway (Route 1/301) and Osborne Road. This request will have a minimal impact on
the traffic anticipated to be generated by development of the property.
The Thoroughfare Plan, an element of The Comprehensive Plan, identifies Jefferson
Davis Highway and Osborne Road as a major arterial and collector, respectively. Right-
of-way along both of these roads should be dedicated in accordance with the
Thoroughfare Plan. When asked, the applicant was not willing to dedicate these rights-of-
way due to the impact it would have on the existing parking facilities.
Virginia Department of Transportation (VDOT~:
VDOT understands that the existing commercial entrances will continue to be used
unmodified. VDOT has no fiirther comment.
T A NTl T TCF
Comprehensive Plan:
The subject property is located within the boundaries of the Chester Plan, which suggests
the property is appropriate for Commercial use.
3 13SN0~0~-JL`~N2Ei-BOS-RPT
Area Development Trends:
The area is characterized by a mix of commercial uses. Properties to the north, east and west
are zoned General Business (GS) and are developed for commercial or office uses.
Properties to the south are zoned Community Business (C-3) and are developed for
commercial uses.
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.
Proposed Use:
The applicant proposes to locate a motor vehicle title lending business within an existing
commercial building that is currently vacant. 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 currently zoned Community Business (C-3),
applicant proposes rezoning the property to General Business (GS) which is supported by
the Comprehensive Plan. The Policy indicates that AFP s 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 enhance 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 unpainted
brick. This proffer would pernut painting of the brick exterior with a neutral color, as
approved by the Planning Department. Proffered Condition 4 provides clarification that
Proffered Conditions 1, 2 and 3 are linuted to an AFI land use only.
4 13SN0~0~-JL`~N2Ei-BOS-RPT
CONCLUSION
The proposed zoning and land uses (motor vehicle title lending business) conform to the Plan
and 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.
CASE HISTORY
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 (4/29/13):
To date, no new information has been received.
Staff (5/6/13):
Revisions to proffered conditions were received.
Planning Commission Meeting (5/21/13):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Patton, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
13SN0~0~-JL`~N2Ei-BOS-RPT
The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under
consideration this request.
13SN0~0~-JL`~N2Ei-BOS-RPT
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