13SN0505CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SNO505
Jack R. Wilson, III
Bermuda Magisterial District
11648 Jefferson Dads Highway
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September 18, 2013 BS
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.
(NOTES:
A. 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
B. SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE,
PROFFERED CONDITIONS 1, 2, 3.a. AND 6 HAVE BEEN ADDED,
PROFFERED CONDITION 4.b HAS BEEN AMENDED, AND THE
NUMBERING OF THE PROFFERS HAS BEEN MODIFIED.)
PROFFERED CONDITIONS
(STAFF) 1. Uses Permitted: Uses shall be limited to those uses permitted by
right or with restrictions in the Community Business (C-3) zoning
district plus motor vehicle title lending as restricted herein. (P)
(STAFF) 2. Landscapi~n :Perimeter Landscaping J shall be installed along the
front, corner side and rear property lines of the request property.
Prior to building permit approval, a landscape plan shall be
submitted and subsequently approved by the Planning Department.
(P)
3. Si~nage:
(STAFF) a. One (1) freestanding sign shall be permitted and limited to
a monument-styled sign. Achangeable-copy sign shall not
be incorporated into the freestanding sign. The area and
height of this sign shall be regulated by Ordinance
requirements.
(STAFF/CPC) b. There shall be no exposed neon window signs other than
"open" for business signs. (P)
The following proffered conditions apply to motor vehicle title lending:
4. Exterior Alterations:
(STAFF/CPC) a. Operation of this use shall be linuted to the existing building.
There shall be no expansion to the existing building.
(STAFF) b. n „~ „~;,,n „~ ~~o ~,,-;,.i, o~.~o,-;,,,- ~~,,,ii ~,o „o„~,-„i „i,,,-
The brick exterior of the building shall be painted a neutral
color as approved by the Planning Department. (P)
(Staff Note: Proffered Condition 4 does not affect the ability to erect
business signage on the property in compliance with Ordinance
requirements and proffered conditions.)
(STAFF/CPC) 5. On-site Vehicle Storage: No storage and/or sale of any surrendered
vehicles shall be perntted on the property. (P)
2 13SN0~0~-SEP18-BOS-RPT
(STAFF) 6. Hours of Operation: Hours and days of operation shall be limited to
Monday through Friday from 8:00 a.m. to 8:00 p.m. and Sanirday
and Sunday from 8:00 a.m. to 6:00 p.m. (P)
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 - G5; Commercial
South - C-3; Commercial
UTILITIES
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.
3 13SN0~0~-SEPI8-BOS-RPT
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.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Chester Plan, which suggests
the property is appropriate for Commercial use.
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.
4 13SN0~0~-SEPI8-BOS-RPT
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 3)
While the proposal is located on property currently zoned Community Business (C-3), the
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 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. The applicant has proffered to linut pernutted land uses or uses
pernutted with restrictions to those uses in the Community Business (C-3) zoning district
(Proffered Condition 1). To enhance compatibility with other Corridor commercial uses,
Proffered Condition 5 would prohibit the storage or sale of surrendered vehicles on the
property. Further, Proffered Condition 4 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 require that the brick exterior be painted a neutral color, as
approved by the Planning Department. Hours of operation have also been linuted to 8 a.m.
to 8 p.m. during Monday through Friday and 8 a.m. to 6 p.m. on SatLirday and Sunday
(Proffered Condition 6). Proffered Conditions 4, 5 and 6 are linuted to an AFI land use only.
Landscapi~n
The applicant has proffered to install landscaping along the front, corner side and rear yards
of the request property. Landscaping currently does not exist in these yards. Perimeter
Landscaping J requires a mixture of large deciduous trees, a double staggered hedgerow of
evergreen medium shnibs along parking areas, and low shnibs and ground cover planted at a
specified density. Review and approval of the exact plant materials and plant types would be
performed with the subnuttal of a landscape plan, prior to building pernut approval.
(Proffered Condition 2)
Si~na~e:
In addition to linutation on exposed neon window signs, the applicant has proffered
linutations on the type of freestanding signage that can be installed. One (1) freestanding
sign, linuted to a monument-style sign, would be pernutted. The use of changeable copy on
this sign shall be prohibited. The Zoning Ordinance would regulate the permitted area and
height of the monument sign. (Proffered Condition 3)
13SN0~0~-SEP18-BOS-RPT
Parlan~:
The Zoning Ordinance requires one (1) parking space per 200 square feet of gross floor area
for retail stores, personal service and repair shops, and banks. The building is approximately
3,200 square feet in gross floor area, requiring sixteen (16) parking spaces for use of the
entire building. Approximately seven (7) parking spaces are striped on the request property.
As such, the applicant will need to 1) reduce the amount of occupied space (gross square
footage) in the building to meet parking requirements, 2) restripe the parking lot to acquire
additional parking spaces or 3) request an exception to parking standards through a
subsequent zoning or variance request.
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.
13 SN0 ~0 ~-SEP 18-B( )S-RPT
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.
Board of Supervisors Meeting (6/26/13):
On their own motion, and with the applicant's consent, the Board deferred this case to
their August 28, 2013 public hearing. Ms. Jaeclde noted that time was needed for the
applicant to work with the community to address concerns relative to the appearance of
the building and site.
Staff (6/27/13):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than July 1, 2013 for consideration at the Board's August
28, 2013 public hearing.
Applicant, Jefferson Davis Association Representatives and Staff (7/15/13):
A meeting was held to discuss revisions to proffered conditions relative to signage;
exterior alterations; landscaping; hours of operation; and a time limitation for the motor
vehicle title lending use.
Staff (8/6/13):
Revisions to proffered conditions were received.
Board of Supervisors Meeting (8/28/13):
On their own motion, and with the applicant's consent, the Board deferred this case to
their September 18, 2013 public hearing.
7 13SN0~0~-SEP18-BOS-RPT
Staff (8/28/13):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than August 30, 2013 for consideration at the Board's
September 18, 2013 public hearing.
Staff (9/4/13):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, September 18, 2013 beginning at 6:30 p.m., will take
under consideration this request.
8 13SN0~0~-SEPI8-BOS-RPT
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