19SN0592
CASE NUMBER: 19SN0592
APPLICANT: Chris Farag
CHESTERFIELD COUNTY, VIRGINIA
MATOACA DISTRICT
STAFF’S ANALYSIS
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
MAY 22, 2019
BOSTime Remaining:
365 DAYS
Applicant’s Contact:
CHRIS FARAG (CMF HOSPITALITY)
(804-909-0949)
Applicant’s Agent:
1.9 Acres – 13979 Raised Antler Circle
ANDREW M.CONDLIN(804-977-3376)
GREAT AMERICAN RANCH
Planning Department Case Manager:
JANE PETERSON (804-748-1045)
REQUEST
Amendment of zoning approval (Case 09SN0216) to transfer operations rights for a nightclub use
in a Neighborhood Business (C-2) District.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions and approved conditions are located in Attachments 1-2.
SUMMARY
In 2009, a zoning amendment was approved to permit the operation of a nightclub associated with a
restaurant use in the Deer Run Shopping Center (Case 09SN0216). Conditions of this approval limited
this use to the restaurant operator at that time. A new restaurant now occupies this location with
proposed continuation of the nightclub use, necessitating an amendment of the 2009 case
(Condition 2) to transfer the operation rights to this current business entity.
RECOMMENDATIONS
APPROVAL
PLANNING
COMMISSION
APPROVAL
The proposed use is representative of, and compatible with, existing and
STAFF
anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
219SN0592-2019MAY22-BOS-RPT-C
Comprehensive Plan
Classification: NEIGHBORHOOD BUSINESS
The designation suggests the property is appropriate forcommercial uses that serve neighborhood-
widetrade areas.
Surrounding Land Uses and Development
Hull Street Rd.
Deer Run
Shopping Center
Commercial
Spring Run
uses
Multifamily
Norwood
N. Spring Run
Pond
Rd.
Condos
319SN0592-2019MAY22-BOS-RPT-C
PLANNING
Staff Contact: Jane Peterson(804-748-1045) petersonj@chesterfield.gov
Zoning History
Case Number Request
Rezoning with Conditional Use Planned Development to permit a mixed-use
85SN0035
development
Approved
(6/1985)
88SN0038 Amendment to Case 85SN0035 to allow additional commercial uses
Approved
(5/1988)
Amendment of Case 85SN0035 to permit a nightclub associated with a
09SN0216
restaurant use specific to the request property, only
Approved
Located within the Deer Run Village Shopping Center
(8/2009)
Use limited to operator (Jennifer Hicks) and not transferable
Proposal
A commercial establishment serving alcoholic beverages with live entertainment and dancing
by the public is defined by the Ordinance as a nightclub. In 2009, a zoning amendment was
approved to permit a restaurant including a nightclub use within the Deer Run Shopping Center
(Case 09SN0216). Conditions of this zoning amendment limited the nightclub use to the
restaurant operator at that time.A new restaurant now occupies this location. Amendment of
Condition 2 of Case 09SN0216 is proposed to permit the operators of this new restaurant to
continue this nightclub use.
With approval of this request, nightclub use would be permitted in addition to uses permitted
with Case 85SN0035, for the request property, only (Condition 1 –note b.).
COUNTY TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@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 it is anticipated to be
minimal.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
To date, no comments have been received.
419SN0592-2019MAY22-BOS-RPT-C
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
This request will have minimal impact on Fire and EMS.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Clover Hill Fire Station, Company Number 7
EMS Facility The Clover Hill Fire Station, Company Number 7
UTILITIES
Staff Contact: Mike Larson(748-1338) larsonm@chesterfield.gov
The subject property is currently connected to the public water and wastewater systems. The
change in use to allow a night club may require the use of a fire suppression sprinkler system, the
applicantshould verify with the Building Inspections Office and Fire Department if this will be
required. Any connections to the public water system for a fire suppression system will be subject
to review and approval by the Utilities Department. The Utilities Department anticipates minimal
impact with this request.
The Utilities Department supports this case.
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
Environmental Engineering has no comment on this request.
519SN0592-2019MAY22-BOS-RPT-C
CASE HISTORY
Applicant Submittals
2/1/19 Application submitted
Planning Commission
4/16/19 Citizen Comments:
No citizens spoke to this request.
Recommendation – APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT
1
Motion: Stariha Second: Jones
AYES:Jackson, Freye, Jones, Sloan and Stariha
The Board of Supervisors on Wednesday, May 21, 2019, beginning at 6:00 p.m., will consider
this request.
619SN0592-2019MAY22-BOS-RPT-C
ATTACHMENT 1
CONDITIONS
Note: The following conditions are recommended by both the Planning Commission and staff.
1.Nightclub use shall be permitted. (P)
2.This use shall be granted to and for CMF Hospitality, LLC or any entity of which Chris
Farag is a majority owner and shall not be transferrable or run with the land. (P)
(Notes:
a.Condition 2 replaces Condition 2 of Case 09SN0216
b.These conditions are in addition to the Textual Statement of Case 85SN0035 relative to
Conditionsfor Parcel A for the subject property only.)
719SN0592-2019MAY22-BOS-RPT-C
ATTACHMENT 2
APPROVED CONDITIONS – CASE 09SN0216
819SN0592-2019MAY22-BOS-RPT-C
919SN0592-2019MAY22-BOS-RPT-C