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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.
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