AGENDA REQUEST

Applicants:

  Board of Supervisors Meeting Date:

Robert and Sharon Adgate

September 15, 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:

On June 26, 2003, 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.

On July 21, 2003 , the Board of Supervisors conducted its public hearing regarding this application and postponed action until the September 15, 2003 meeting.

The applicants are the owners of two (2) properties located at 4176 Belvoir Road (PIN #6979-69-2260-000 and #6979-69-6109-000), zoned Commercial-2 (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 (5) acres involved in the original rezoning application later was subdivided into three (3) 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 County-wide 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.  On October 17, 1995 , the Board accepted this proffer amendment, and voted to approve the rezoning request.  This 2.58-acre parcel is one of the two now owned by Mr. and Mrs. Adgate.  The Adgates 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 2.0-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.

 

Requested Action of the Board of Supervisors:

Consider either (1) denial of the Ordinance amendment as set forth in the attached resolution; or (2) adoption of the text amendment as reflected in the attached Ordinance. 

 

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 “Agriculturally Related Uses”

2.   Resolution to deny proposed text amendment