09SN0141
CASE NUMBER: 09SN0141
APPLICANT: Cascade Creek Homes, Inc.
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District: DALE
STAFF’S ANALYSIS
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
MAY 27, 2015
BOS Time Remaining:
176 DAYS
Applicant’s Agent:
JIM THEOBALD (804-771-9513)
Applicant’s Contact:
DAVID RUDIGER (757-490-1959)
Planning Department Case Manager:
ROBERT CLAY (804-796-7122)
APPLICANT’S REQUEST
Rezoning from Residential (R-9) to Neighborhood Business (C-2)
Commercial uses are planned.
(NOTES: A. The only condition that may be imposed is a buffer condition. The property owner may proffer
conditions.
B. Proffered conditions are located in Attachment 1.)
RECOMMENDATION
PLANNING RECOMMEND DENIAL
COMMISSION
(10/21/2014) AYES: MESSRS. WALLIN, PATTON, BROWN ,GULLEY AND WALLER
RECOMMEND DENIAL
Does not comply with Plan
Incompatible with area development
STAFF
Encroachment into the airport operational and runway
approach areas
Adverse impact on airport operations
The County Attorney advises that the proffer relating to
pornographic materials legally cannot be accepted.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
The County Attorney advises that Proffered Condition 3(a)
legally cannot be accepted because: (i) the term
“pornographic” is undefined and meaningless under the law,
and (ii) the Constitution protects the right of a business to sell
sexually explicit (“adult”) materials subject to restricting access
PLANNINGto juveniles. Chapter 15 of the county Code already requires
the segregation of such merchandise to prevent examination or
viewing by juveniles.
Uses identified as prohibited in Proffered Condition 4, and
potentially 3(a) are not permitted in the requested C-2 District
and would require zoning approval.
FIRE-
Commitments to provide mitigating road improvements for the
CDOT
anticipated traffic impact have not been offered.
VDOT -
Proffered Condition 1, requiring use of public utilities, is a County Code
UTILITIES
requirement.
ENVIRONMENTAL Proffered Condition 2 requiring a forest management plan prior to
ENGINEERING land disturbance permitting is a County Code requirement.
General Services continues to follow the FAA-driven process of
airport master planning, possibly leading to the purchase of
land and/or easements as required for the proposed
development plan.
The next steps in the process include reviews by public
agencies, public comment opportunities, and discussions with
GENERAL SERVICES
property owners, which can impact the final plan of
/AIRPORT
development, the timing of that development, and any
associated land acquisition processes.
There is the potential for changes in timing at each step in the
multi-year process, although we have preliminary indications
that we may begin the first phase of discussions with property
owners in early 2015.
209SN0141-2015MAY27-BOS-RPT
309SN0141-2015MAY27-BOS-RPT
Map 2: Comprehensive Plan
Classification: INDUSTRIAL
The designation suggests the property is appropriate for moderate to intense manufacturing uses
.
Map 3: Surrounding Land Uses & Development
Five Forks Village Subdivision
Belmont Road
Cascade Creek Subdivision
Cogbill Road
Church
409SN0141-2015MAY27-BOS-RPT
PLANNING
Staff Contact: Robert Clay(796-7122) clayr@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
96SN0201Approved Rezoning to Residential (R-9). As a means of protecting the
(12/18/1996) County’s interest in the airport, conditions limited useof
the property to residential on lots containing a minimum
of three (3) acres.
PROPOSAL
Approval of this request would permit uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District, except as specified in Proffered Condition 3(b). Upon
approval, development would be subject to the Emerging Growth District Standards of the
Zoning Ordinance. These requirements specifically address access, landscaping, architectural
treatment, setbacks, parking, signs, buffers, utilities and screening of developments within these
areas.
The following provides an overview of conditions offered by the applicant:
General Overview
Requirements Details
Precludes coin-operated dry cleaning, pressing, laundry or
Uses
Laundromat
Proffered Condition3.b
PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (706-2012) smithgd@chesterfield.gov
Nearby Fire and Emergency Medical Services (EMS) Facilities
Fire Station Dale Fire Station, Company Number 11
EMS Facility Dale Fire Station, Company Number 11
The request will have a minimal impact on Fire and EMS
509SN0141-2015MAY27-BOS-RPT
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
RecommendationApplicant’s Proposal
Vehicular Access Control
No direct access to Belmont Road.Not addressed
Access to Cogbill Road limited to one.
Road Improvements
Left and right turn lanes along Cogbill Road at the site
access.
Not addressed
Sidewalk along the north side of Cogbill Road.
Full cost of traffic signalization at Belmont/Cogbill
intersection, if warranted.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) -
Access Management (24VAC30-73) -
Subdivision Street Acceptance (24VAC30-91/92) -
Land Use Permit (24VAC30-151) -
Summary VDOT has no comment on this request.
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (751-4439) blandj@chesterfield.gov
Theproposal will have a minimal impact on the County’s utility system.
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No 16”, 20” and 30”Yes
Wastewater Yes 27” and 8” Yes
609SN0141-2015MAY27-BOS-RPT
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (748-1028)pritchardd@chesterfield.gov
Drainage and Erosion
No on- or off-site drainage problems
Pipes under Five Forks Lane through which the property drains
were originally sized based upon the property remaining
residential. At time of site plan for commercial development,
Drainage
existing culverts must be analyzed and, if inadequate to meet
VDOT criteria, the developer will be required to retain water on
site.
County Code
GENERAL SERVICES
Airport
Staff Contact: Patrick Driscoll(768-7720) driscollp@chesterfield.gov
Airport
The property is also located within an area designated in the Plan
as a runway approach area. Certain uses are discouraged in these
Uses
areas, as a way of protecting the airport from the encroachment
of incompatible land uses.
The Comprehensive Plan
709SN0141-2015MAY27-BOS-RPT
CASE HISTORY
Applicant Submittals
11/10/08 Initial application submission
Community Meetings
1/6/09
Issues Discussed
Dale District Commissioner, the applicant, staff and area property
owners attended the meeting
Increased traffic
Limitation on commercial uses
Potential for increase in crime
Concerns relative to flooding of area properties
Lack of pedestrian lighting and sidewalks in neighborhood
Architecture
Need for another community meeting
Planning Commission Meetings
8/18/09 Commission deferred this case to their October 20, 2009public hearing
10/20/09 At the request of the applicant, the Commission deferred this case to their
January 19, 2010 public hearing
1/19/10 Commission deferred this case, with the applicant’s consent, to their April 20,
2010 public hearing
4/20/10 At the request of the applicant, the Commission deferred this case to their
October 19, 2010 public hearing
10/19/10 Commission deferred this case, with the applicant’s consent, to their regularly
scheduled meeting in April, 2011
4/19/11 Commission deferred this case, with the applicant’s consent, to their October
18, 2011public hearing
10/18/11 Commission deferred this case, with the applicant’s consent, to their regularly
scheduled meeting in April, 2012
4/17/12 Commission deferred this case, with the applicant’s consent, to their August
21, 2012public hearing
8/21/12 Commission deferred this case, with the applicant’s consent, to their
December 10, 2012 public hearing
12/10/12 Commission deferred this case, with the applicant’s consent, to their March
19, 2013 public hearing
3/19/13 Commission deferred this case, with the applicant’s consent, to their
September 17, 2013 public hearing
9/17/13 Commission deferred this case, with the applicant’s consent, to their regularly
scheduled meeting in March, 2014
3/18/14 Commission deferred this case, with the applicant’s consent, to their
September 16, 2014 public hearing
9/16/14 Commission deferred this case to their October 21, 2014public hearing
10/21/14
Citizen Comments
No citizens spoke to this case.
809SN0141-2015MAY27-BOS-RPT
Commission Discussion
Dr. Brown noted that the Federal Aviation Administration (FAA) had not
yet reached a decision on the airport’s expansion; as a result, the applicant
has been unable to confirm future development opportunity for the
property.
Recommendation – DENIAL
Motion: Brown; Seconded: Patton
AYES: Wallin, Patton, Brown, Gulley, and Waller.
11/19/14
Citizen Comments
No citizens spoke to this case.
Action
– DEFERRED TO MAY 27, 2015 BOARD OF SUPERVISORS PUBLIC
HEARING
The Board of Supervisors on Wednesday, May 27, 2015, beginning at 6:30 p.m., will consider
this request.
909SN0141-2015MAY27-BOS-RPT
ATTACHMENT 1
PROFFERED CONDITIONS
1009SN0141-2015MAY27-BOS-RPT
1109SN0141-2015MAY27-BOS-RPT