CUP95-02 & CUP990433; Conditional Use Permits FREDERICKSBURG PUBLIC AUTO AUCTION

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2 Attachment 1 R BACKGROUND REPORT The property in question consists of three parcels, Tax Map Parcel Nos A, 53-5 and 53-5C (Property). The Board is asked to consider revoking a conditional use permit (CUP) which authorizes operation of an auto sales facility located at 239 and 235 Warrenton Road. Tax Map Parcel No A is zoned B-2, Urban Commercial, along the frontage of Warrenton Road and M-1, Light Industrial, in the rear. Tax Map Parcel Nos and 53-5C are zoned M-1. Approval of a CUP is required for auto sales in B-2 and M-1 zoning districts. The Board approved application CUP95-02, with conditions, on April 18, 1995 for Tax Map Parcel No A (Attachment 3) and application CUP990433, with conditions, on June 1, 1999 for Tax Map Parcel Nos and 53-5C (Attachment 4). Currently, the Property is occupied by an auto sales business operating as the Fredericksburg Public Auto Auction, and has been owned by Navraj Gupta (Property Owner) since Since September 1999, staff has received ten complaints concerning the Property. The complaints consist of displaying vehicles in the Virginia Department of Transportation (VDOT) right-of-way, working on vehicles outside an enclosed building, and storing junk vehicles on the Property. Inspections were conducted and notices of violation were issued. The violations were abated only to later return. The most recent complaint, received on December, 2014, is a repeat violation of displaying vehicles in the VDOT right-of-way. The conditions also specifically prohibit the parking of automobiles within any VDOT right-of-way. This violation has not been abated and is the reason for requesting that the Board consider revoking CUP95-02 and CUP The conditions of the CUPs state that the CUPs may be revoked by the Board if violations of the conditions occur. The Property Owner has repeatedly violated these conditions. Proposed Resolution R authorizes the County Administrator to advertise a public hearing to consider revocation of the two CUPs. Virginia Code Section requires the Board to hold a public hearing prior to revoking any CUP. Staff recommends approval.

3 CUP95-02 & CUP990433; Conditional Use Permits FREDERICKSBURG PUBLIC AUTO AUCTION Produced by the Stafford County Department of Planning and Zoning P.O. Box 339 Stafford, VA Attachment 2 Page 1 of 1 W A R R E N T O N R D V IO LA S L N S A M S O N ST QUARLES RD 45-78A W A R R E N T O N R D 53-5 SO LO M O N D R 53-5C LENDALL LN O L D E FO R G E D R QUARLES RD BUS P ET R O L EU M L N RO BINSON LN _ LE N DALL LN S O L O M O N D R W Y N E D R ST G AY LE V E R N O N S T M E LC H E R S D R Feet Produced: 7/21/2015 Data layers are compiled from various sources and are not to be construed or used as a "legal description." Data layers are believed to be accurate, but accuracy is not guaranteed. ±

4 Attachment 3 Page 1 of 3 R88-522(R) BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, Stafford County Administration Center, JR w tl~~ix i~iy Stafford, Virginia, on the ~ 18th day of W ~ t April, t~~~ 1995: MEMBERS: Robert C. Gibbons, Chairman Linda V. Musselman, Vice Chairman Alvin Y. Bandy Ferris M. Belman, Sr. Lindbergh A. Fritter Kenneth T. Mitchell Lyle Ray Smith VOTE: On motion of Mr. Bandy, seconded by Mr. Belman, which carried by a vote of 7 to 0, the following was adopted: A RESOLUTION TO APPROVE APPLICATION $ ~~~/ii CUP95-02 WHICH REQUESTS A $~~ t.14[. CONDITIONAL USE PERMIT FOR AUTOMOBILE AND BOAT SALES AND SERVICE IN A B-2, ~~~~ URBAN COMMERCIAL, ZONING DISTRICT ON PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL 45-78A (PORTION), ~tw W GEORGE WASHINGTON ELECTION DISTRICT WHEREAS, WiXXi~ /11/~i ~t~ /ltli/w iii /~~ /$~X ~/ t~ 1 Performance Marine, Inc., applicant, has submitted application $ ~~~!~~ CUP95-02 requesting a $ tix Conditional Use Permit for automobile and boat sales and service in a B-2, ~ t~x Urban Commercial, Zoning District on Assessor's Parcel 45-78A (portion) consisting of approximately one (1) acre, located on the south side of Warrenton Road J //$//~ ~ /i1y and $ ~ /R ~ /i i Melcher Drive, approximately 400 feet west of its intersection with Lendall Lane J$ i /R ~ /t0t%y, ~~t w George Washington Election District; and WHEREAS, the application has been submitted pursuant to Section 28-i i 36 and Table 3.1 of the Zoning Ordinance which permits automobile and boat sales and service in a B-2, ~ tix Urban Commercial, Zoning District after a $ i~x Conditional Use Permit has been issued by the Board; and

5 Attachment 3 Page 2 of 3 R88-522(R) Page 2 WHEREAS, the $ ~ff t / ~~ y Board f/$~ tii t has carefully considered the recommendations of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the $ ~ff t / ~~ y Board f/$~ tii f finds that the request meets the standards of the Zoning Ordinance for issuance of a $p i~x Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the ~ ~ 18th day of W ~ t April, t~~~ 1995, that application $~1~~1ii CUP95-02 be and it hereby is approved with the following conditions: 1. The $ i~x Conditional Use Permit is for automobile and boat sales and service, including but not limited to minor repairs to cars and boats on Assessor's Parcel 45-78A (portion}. 2. All repairs and service are to be conducted within the service bay of the garage. 3. Other than vehicles or boats for sale, vehicles or boats not actively in the process of repair shall not be stored on the property. 4. Vehicles or boats being repaired shall remain on the property for no longer than itti!l~~y ninety (90) days. 5. All automobile and boat parts shall be stored in an enclosed area. ~ No boats or vehicles shall be parked within any Virginia Department of Transportation (VDOT) right-of-way. No boats or vehicles may be displayed within the front yard setback of the property. 2.:... Exterior lighting shall be directed downward and inward away from adjacent properties and Warrenton Road.....:_ Petroleum products, antifreeze and other hazardous materials shall be stored and disposed of in accordance with the Stafford County Fire Prevention Code.

6 Attachment 3 Page 3 of 3 R88-522(R) Page 3 2_._ All signs on the property shall be of coordinated color and design This $p t~l Conditional Use Permit may be revoked or conditions amended by the $ ~tt i / ~n i Board t s~w tit t ltt1t~ /~ / nlt~ 1wt w ttt1~t! w t~t /tn for violation of these conditions or ~ /$ ~tt t / ~n i any applicable federal, local or state code. A Copy, teste: c. M'. wllliams, Jr. County ~dministrator CMWJr:WCS:ek

7 Attachment 4 Page 1 of 2

8 Attachment 4 Page 2 of 2

9 Attachment 5 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION REVOKING CONDITIONAL USE PERMIT CUP95-02 FOR AN AUTOMOBILE AND BOAT SALES FACILITY IN A B-2, URBAN COMMERCIAL ZONING DISTRICT ON TAX MAP PARCEL NO A; AND CONDITIONAL USE PERMIT CUP FOR A MOTOR VEHICLE SALES FACILITY IN AN M-1, LIGHT INDUSTRIAL ZONING DISTRICT ON TAX MAP PARCEL NOS AND 53-5C; LOCATED IN THE GEORGE WASHINGTON ELECTION DISTRICT WHEREAS, on April 18, 1995, the Board adopted Resolution R88-522(R), approving conditional use permit (CUP) application CUP95-02 with conditions, to allow automobile and boat sales in the B-2, Urban Commercial, Zoning District on Tax Map Parcel No A; and WHEREAS, on June 1, 1999, the Board adopted Resolution R99-214, approving CUP application CUP with conditions, to allow a motor vehicle sales facility in the M-1, Light Industrial, Zoning District on Tax Map Parcel Nos and 53-5C; and WHEREAS, the applicant has repeatedly failed to comply with the conditions of both CUPs after numerous notifications of non-compliance; and

10 Attachment 5 R Page 2 WHEREAS, these violations of the conditions of both CUPs have not been completely abated; and WHEREAS, the Zoning Administrator is requesting that the Board revoke both CUPs; and WHEREAS, the Board carefully considered the recommendation of the Zoning Administrator and staff, and the public testimony, if any, received at the public hearing; and WHEREAS, the Board finds that revoking CUP and CUP95-02 would further the health, safety, and general welfare of the County and its citizens; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2015 that Conditional Use Permit (CUP) applications CUP990433, approved pursuant to Resolution R99-124, and CUP95-02, approved pursuant to Resolution R88-522(R) be and they hereby are revoked. AJR:JAH:sb

11 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 18 th day of August, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING TO CONSIDER REVOKING A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP95-02 FOR AN AUTOMOBILE AND BOAT SALES FACILITY ON TAX MAP PARCEL NO A, AND APPLICATION CUP FOR A MOTOR VEHICLE SALES FACILITY ON TAX MAP PARCEL NOS AND 53-5C, LOCATED IN THE GEORGE WASHINGTON ELECTION DISTRICT WHEREAS, on April 18, 1995, the Board adopted Resolution R88-522(R), approving conditional use permit (CUP) application CUP95-02 with conditions, to allow automobile and boat sales in the B-2, Urban Commercial, Zoning District on Tax Map Parcel No A; and WHEREAS, on June 1, 1999, the Board adopted Resolution R99-214, approving CUP application CUP with conditions, to allow a motor vehicle sales facility in the M-1, Light Industrial, Zoning District on Tax Map Parcel Nos and 53-5C; and WHEREAS, the applicant has repeatedly failed to comply with the conditions of both CUPs, and after numerous notifications of non-compliance, the Zoning Administrator is requesting that the Board consider revoking the approval of the CUPs; and

12 R Page 2 WHEREAS, pursuant to Virginia Code Section , the Board is required and desires to hold a public hearing to consider revoking a CUP; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18 th day of August, 2015, that the County Administrator be and he hereby is authorized to advertise a public hearing to consider revoking the conditional use permits CUP and CUP AJR:swb