AGENDA REQUEST

Applicants:

Board of Supervisor’s Meeting Date:

Robert and Sharon Adgate

August 18, 2003

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

Community Development

Topic:

An Ordinance Amending the Definition of Agriculturally Related Uses, Commercial-2 Zoning District as Found in Section 15-300 (Definitions) of the Zoning Ordinance

Topic Description:

At its June 26, 2003 meeting, the Planning Commission held a public hearing on the proposed text amendment and voted to deny the amendment, expressing concern about the number of uses already occurring on the site and the appropriateness of Recreational Vehicle (RV) sales and service in an agricultural district.  

The Board of Supervisors conducted and closed its public hearing regarding this application on July 21, 2003 .  Action was deferred until its August 18th regular meeting.  

The applicants are the owners of two properties located at 4176 Belvoir Road (PIN #6979-69-2260-000 and #6979-69-6109-000), zoned C-2, with proffers restricting uses to “agriculturally related uses.”   The applicants are requesting to change the definition of  “Agriculturally Related Uses, Commercial-2 Zoning Districts” to add RV/trailer sales, rental and service as a permitted use.   Currently, only the storage of Recreational Vehicles is permitted under the definition.  

The applicants’ properties are part of a 5-acre tract that was rezoned from Residential-1 (R-1) to Commercial-2 (C-2) in 1982, with conditions.  The proffered conditions of the 1982 rezoning restricted the use of the 5-acre property to no more than three “agriculturally related” uses.  The five acres involved in the original rezoning application was later subdivided into three separate parcels.  In response to an inquiry, the Zoning Administrator stated only one agriculturally related use could be located on each parcel due to the conditions of the original rezoning approval.  Note that these are the only parcels countywide with such a designation.   Following the Zoning Administrator’s determination, John and Olivia Palmer, the owners of one of the three parcels, applied to amend the condition placed upon the original rezoning.  The Palmers requested no more than three  agriculturally related uses be permitted on their 2.58-acre property.  The Board accepted this proffer amendment, voting on October 17, 1995 to approve the rezoning request.  This 2.58-acre parcel is one of the two now owned by Mr. and Mrs. Adgate.  The Adgate’s also own the adjoining 2.0-acre parcel to the east.  

Under the existing proffers, the Adgates may utilize their 2.58-acre parcel for up to three agriculturally related uses.  The parcel is currently being used for a service and repair garage for trucks, trailers and recreational vehicles.  The second use on the site is a trucking/contractor business, and the third is a welding shop. The adjoining two acre parcel owned by the Adgates may only be utilized for one use under the existing proffers; it is utilized for Recreational Vehicle storage.  

The applicants have stated they wish to be able to respond to inquiries concerning the purchase and rental of trailers and recreational-type vehicles.  They do not expect to have significant inventory on the site for sales due to the large capital outlay required.   They propose to amend the text of the Zoning Ordinance such that RV sales, rental and service is combined with truck sales and service as a single use, thereby allowing the additional activity without technically adding a fourth use, in violation of the proffers.  The amendment would also clearly authorize the ongoing  recreational vehicle repair occurring at the service garage.  

The proposed text amendment and entire definition of Agriculturally Related Uses, Commercial-2 Zoning Districts are included in Attachment 1.

 

Requested Action of the Board of Supervisors:  

Hold a public hearing on the proposed text amendment as set forth in Attachment 1.

 

Financial Impacts Analysis:  

No analysis was conducted for this proposed amendment.

Identify any other Departments, Organizations or Individuals that would be affected by this request:  

Agricultural Development Office

 Attachments  

   1.  Ordinance amending the definition of “Agricultually Related Uses”

   2.  Resolution to deny proposed text amendment