16SN0537
CASE NUMBER: 16SN0537
APPLICANT: MGP Retail Consulting, LLC
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: DALE
5400 Cogbill Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
NOVEMBER 18, 2015
BOS Time Remaining:
365 DAYS
:
ANN NEIL COSBY
(804-775-7737)
SAM STEIN
(703-408-6343)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
REQUEST
Rezoning from Residential (R-7), Community Business (C-3) and General Business (C-5) to
Neighborhood Business (C-2) plus conditional use planned development to permit exceptions to
ordinance requirements.
A commercial shopping center, to include a grocery store, is planned. Exceptions to permit an
encroachment into a buffer as well as the visibility of a loading area are also requested.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions, Textual Statement, concept plan and conceptual elevations are located in
Attachments 1 -4.
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(10/20/2015)
RECOMMEND APPROVAL
STAFF Complies with Comprehensive Plan
Addresses impacts of use on area development
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: NEIGHBORHOOD BUSINESS
The designation suggests the property is appropriate for commercial uses that serve
stores, medical
clinics, hardware stores, restaurants or other uses that primarily serve weekly or
needs.
Map 3: Surrounding Land Uses & Development
Southside Baptist Church
Single-Family Residential
(Meadowbrook Farm)
Cogbill Road
Commercial Uses
Route 10
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Approved Rezoning a portion of the request property from A to R-2
63-36
(04/1963)
Approved Rezoning a portion of the request property (12 acres) from
65-92
(01/1966) A to R-2
Approved Conditional Use on a portion of the request property (11.8
93SN0113
(11/24/1992) acres) to permit a stock farm (keeping of 7 horses)
Rezoning from B-3 to C-3 of 0.22 acres (portion of the
Approved request property) with Conditional Use Planned
93SN0129
(11/24/1992) Development to permit a building within the ultimate
right-of-way
PROPOSAL
The applicants propose development of a grocery store and Neighborhood Business (C-2) uses, as
limited by proffered conditions. The following chart provides an overview of the proffered
conditions offered by the applicant to minimize impacts of the planned commercial development:
General Overview
Requirements Details
Textual Statement is Master Plan
Master Plan
Proffered Condition 1
1
Alternative Financial Institution
Automobile Service Station
Automobile Self-Service Station
Convenience store with gas pumps
Prohibited Uses
Convenience store with less than 1,500
square feet without gas pumps shall be
permitted
1
Restaurant, fast food or drive in
Proffered Condition 2
Design Standards (parking, lighting, Emerging Growth District Standards
Zoning Ordinance
setbacks, screening & signage)
Grocery store similar to the elevations on Exhibits B-1, B-
Architecture 2 & B-3
Proffered Condition 7 and Attachment 4
Uses shall be closed to public from 11:00 p.m. to 6 a.m.
Hours of Operation
Proffered Condition 9
1
These uses are currently not permitted in a C-2 District. Should the Ordinance be amended to allow these uses in
a C-2 District, these uses would continue to be prohibited, unless the condition is amended.
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BUFFERS
An exception to the fifty (50) foot buffer along the northern property line adjacent to Southside
Baptist Church is requested. The applicant proposes to disturb a portion the buffer, encroach up to
fifteen (15) feet inside the buffer with a drive aisle, and replace the buffer with required
landscaping and a privacy fence.
The following chart provides an overview of the exception and proffered conditions offered by the
applicant relative to the buffer:
General Overview - Buffer
Requirements Details
required by Ordinance
p-
aisle, as shown on Exhibit A
Buffer - Along Northern Property
acent to
Line
Southside Baptist Church, measured from church
parking lot grade
Textual Statement Item 1.B. & Proffered Condition 8
equired by Ordinance
Buffer Adjacent to Meadowbrook
rovided
Farms
Proffered Condition 8
Permit disturbance and clearing of buffer
Buffer shall be replanted according to Ordinance
Buffer Disturbance & Encroachment
requirements
Textual Statement Item 1.B. & Proffered Condition 8
LOADING AREAS
The loading area for the proposed grocery store will be visible from Cogbill Road. The Ordinance
requires screening of loading areas from adjacent roads. The applicant requests an exception to
permit visibility of the loading area with the provision that the view be minimized through site and
architectural design, landscaping, and setbacks (Textual Statement, Item 1.A.). Based on the
concept plan for future commercial development, the distance from Cogbill Road (approximately
and the design and landscaping requirements provided at time of site plan review, the
visibility of the loading area would be minimized.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Dale Fire Station, Company Number 11
EMS Facility The Dale Fire Station, Company Number 11
This request will have minimal impact on fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
Recommendation
Maximum Density
36,170 square feet of supermarket/grocery and
Offered as Requested by VDOT
27,500 square feet of general retail space, or
Proffered Condition 3
equivalent traffic generation.
Vehicular Access Control
Access from the Property to Cogbill Road limited to
Offered as Recommended
one (1) entrance/exit.
Proffered Condition 5
No direct access from the Property to Route 10;
except for a possible emergency only access.
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Recommendation (Continued)roposal
Road Improvements
An additional lane of pavement along the southbound
lanes of Route 10 for the entire property frontage.
Right turn lane along the southbound lanes of Route
10 at the Cogbill Road intersection.
Left and right turn lanes along Cogbill Road at the
approved access.
Offered as Recommended
Proffered Condition 6
Additional pavement along Cogbill Road to provide a
five (5) lane typical section \[i.e., one (1) westbound
lane and four (4) eastbound lanes\] at its intersection
with Route 10.
Modification of the traffic signal at the Route
10/Cogbill Road intersection
A sidewalk along Route 10 and along Cogbill Road for
the property frontage.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
As proffered, the anticipated maximum
density site generated traffic does not meet
the Traffic Impact Analysis regulatory
Traffic Impact Analysis (24VAC30-155)
threshold for the submittal of a formal
analysis to the Department.
Proffered Condition 3
The approximate location of the proposed
access as depicted on Exhibit A (dated 9-25-
Access Management (24VAC30-73)
15) meets the Access Management
Regulation spacing standards.
Subdivision Street Acceptance (24VAC30-91/92) -
Land Use Permit (24VAC30-151) -
All proffered improvements impacting the
state maintained rights of way (turn lanes,
signal modifications, intersection
Summary
modifications) will be evaluated for
compliance with Department standards
through the site plan review process.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County Code?
Serviced?
Water No Yes
Wastewater No Yes
Map 5: Existing Water & Wastewater Systems
Additional Information:
There is a ten (10) inch wastewater line located north of site in the Meadowbrook Farms
subdivision. There is a recorded wastewater easement in place from an existing manhole to the
property line. The proposed request will not impact the public water and wastewater systems.
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Scott Dunn (804-748-1030) dunns@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Geography
The site is extremely flat.
The site drains towards Cogbill Road to drop inlets on the eastern
side and a double 15 inch RCP culvert under Cogbill Road on the
western side. Due to the minimum existing cover over the double
15 inch RCP culvert, the applicant should insure that the
development shall not cause these culverts to be topped during a
ten year storm event.
Drainage
The adjacent Meadowbrook Farm Subdivision did not account for
any drainage from this site. Therefore, the applicant should
insure that there shall be no stormwater discharges into the
Meadowbrook Farm Subdivision.
These impacts are addressed, as requested, through the
proffered condition.
Proffered Condition 10
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CASE HISTORY
Applicant Submittals
7/6/15 Application submitted
9/30/15, Revised proffers and a textual statement were submitted
10/6/15,
10/7/15 &
10/20/15
Community Meeting
9/29/15 Issues Discussed:
The District Commissioner, applicant and staff attended the meeting. The
following topics were discussed:
Market need for an additional grocery store
Future development of remaining outparcels on the site
Hours of operation
Buffer requirements adjacent to neighborhood
Fencing desired along the shared northern property with Southside Baptist
Church
Traffic impacts along Route 10 and Cogbill Road
Proposed road improvements offered by applicant
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CASE HISTORY (CONTINUED)
Planning Commission Meeting
10/20/15 Citizen Discussion
Several citizens spoke to this request noting:
Support for fencing along northern boundary in deterring cut-
through pedestrian traffic across church property
Additional traffic on Cogbill Road, to include trucks serving proposed
development
Need for traffic signal on Iron Bridge Road at entrance to
Meadowbrook Farm
Commission Discussion
studies concluded traffic at Meadowbrook Farm entrance did not
meet signal warrants
Proposed rezoning reduces intensity of possible uses on existing C-5
property, reducing potential traffic impacts and benefiting adjacent
neighborhoods
Redevelopment removes old buildings located too close to rights-of-
way
Recommendation: APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Brown Second: Waller
AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, November 18, 2015, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
September 30, 2015
Revised October 5, 2015
Revised October 7, 2015
Revised October 19, 2015
Note:
Recommended by both staff and Planning Commission
The Owners (t-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the development of the Property known as Chesterfield
County Tax Identification Numbers 775-682-2797, 775-682-8199, 775-683-7226, and 775-683-
conditions if, and only if, the application request for rezoning to C-2 Neighborhood Business is
granted. In the event the request is denied or approved with conditions not agreed to by the
Owners, the proffers shall immediately be null and void and of no further force or effect.
Exhibit A prepared by Bohler Engineering, dated 9-25-15.
Exhibits B-1, B-2, and B-3 Front, side, and rear architectural elevations of Lidl grocery store.
(STAFF/CPC) 1. Master Plan. The Textual Statement dated July 2, 2015, last revised
October 7, 2015, shall be considered the Master Plan. (P)
(STAFF/CPC) 2. Uses. The uses on the Property shall be all uses allowed in the
Neighborhood Business (C-2) District, except that the following uses shall
not be allowed:
A.Alternative financial institution.
B.Automobile service station.
C.Automobile self-service station.
D.Convenience store with gas pumps, provided that a convenience
store that is less than 1,500 square feet and without gas pumps
shall be permitted.
E.Restaurant, fast food or drive-in only. (P)
(STAFF/CPC) 3. Transportation Density. The maximum density of the development for
transportation planning purposes shall be 36,170 square feet of
supermarket/grocery store plus 27,500 square feet of general retail space
or equivalent density as determined by the Virginia Department of
Transportation. (T)
(STAFF/CPC) 4. Dedication. The following rights-of-way on the Property shall be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County prior to any site plan approval, or within sixty (60) days from the
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date of a written request by the Transportation Department, whichever
occurs first.
A.Forty-five (45) feet of right-of-way on the north side of Cogbill
Road, measured from the centerline of that part of Cogbill Road
immediately adjacent to the Property.
B.Sixty (60) feet of right-of-way on the west side of Iron Bridge Road
(Route 10), measured from the centerline of that part of Route 10
immediately adjacent to the Property. (T)
(STAFF/CPC) 5. Access.
A.Direct vehicular access from the Property to Cogbill Road shall be
limited to one (1) access. The location of the access shall be as
generally shown on Exhibit A and the exact location shall be
approved by the Transportation Department.
B.If required by the Fire Department, a gated emergency only
access may be provided from the Property to Route 10. (T)
(STAFF/CPC) 6. Road Improvements. Prior to the issuance of an occupancy permit, the
following improvements shall be completed. The exact design and length
of these improvements shall be approved by the Transportation
Department.
A.Construction of an additional lane of pavement along the
southbound lanes of Route 10 for the entire Property frontage.
B.Construction of a separate right turn lane along the southbound
lanes of Route 10 at the Cogbill Road intersection.
C.Construction of left and right turn lanes along Cogbill Road at the
approved access.
D.Construction of additional pavement along Cogbill Road to
provide a five (5) lane typical section \[i.e., one (1) westbound lane
and four (4) eastbound lanes\] at its intersection with Route 10.
E.Modification of the traffic signal at the Route 10/Cogbill Road
intersection.
F.Construction of sidewalks along Cogbill Road and Route 10 for the
entire Property frontage.
G.Dedication to Chesterfield County, free and unrestricted, of any
additional right-of-way (or easements) required for the
improvements identified above. (T)
(STAFF/CPC) 7. Architecture. The architecture of the grocery store shall be generally in
conformance with Exhibits B-1, B-2, and B-3. (P)
(STAFF/CPC) 8. Buffers.
A. A minimum one-hundred (100) foot wide undisturbed natural
buffer shall be provided along the Property line adjacent to the
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Meadowbrook Farms Subdivision. This buffer shall comply with
the provisions of the Zoning Ordinance.
B. A six (6) foot tall vinyl or vinyl-clad privacy fence (as measured
from the grade of the Church parking lot) shall be provided within
the buffer located generally along the northern Property line,
adjacent to GPINs 775-683-3761, 775-683-6259 and 775-683-8748
in only those areas necessary to accommodate VDOT or CDOT
sight distance requirements, if required, and/or as reviewed and
approved by the Church.
(i) Once the fence has been reviewed and approved by the
Church, the Owners shall submit evidence of that approval
to the County as part of the site plan submittal.
(ii) The fence shall be maintained and kept free of graffiti by
the Owners of the Property. If the adjacent properties to
the north are zoned or developed for commercial uses, the
fence may be removed at the option of the Owners. (P)
(STAFF/CPC) 9. Hours of Operation. The uses on the Property shall be closed to the
public between the hours of 11 p.m. and 6 a.m. (P)
(STAFF/CPC) 10. Stormwater.
A.No stormwater runoff from new impervious areas shall be
discharged into the adjacent Meadowbrook Farm Subdivision.
B.The post-development ten-year discharge to the existing double
15-inch reinforced concrete pipe (RCP) culverts under Cogbill
Road shall be reduced to the two-year pre-development discharge
rate. Additionally the amount of proposed impervious area
draining to the RCP culverts shall be minimized to the maximum
extent practicable. (EE)
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ATTACHMENT 2
TEXTUAL STATEMENT
July 2, 2015
Revised October 5, 2015
Revised October 7, 2015
C-2 with Conditional Use Planned Development to permit retail uses with exceptions to zoning
ordinance standards.
1.Development shall conform to the regulations set forth in the zoning ordinance except
as set forth below.
A.Loading Areas. The orientation of the loading dock, as shown on Exhibit A, may
face towards Cogbill Road but views to the loading areas will be minimized
through site and architectural design, landscaping, and setbacks.
B.Buffer Along Northern Property Line.
i.The buffer located along the northern property boundary and adjacent to
the church parking lot may be disturbed during construction and by a
permanent drive aisle as generally shown on Exhibit A.
ii.The area of encroachment for the drive aisle shall be no greater than
fifteen (15) feet.
iii.All disturbed landscaping shall be replaced and or added in accordance
with the requirements and/or modifications determined at the time of
site plan review.
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ATTACHMENT 3
CONCEPTUAL PLAN (EXHIBIT A)
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ATTACHMENT 4
CONCEPTUAL ELEVATIONS (EXHIBIT B-1)
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ATTACHMENT 4
CONCEPTUAL ELEVATIONS (EXHIBIT B-2)
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ATTACHMENT 4
CONCEPTUAL ELEVATIONS (EXHIBIT B-3)
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