07SN0331
August 22, 2007 BS
ADDENDUM
07SN0331
New Bethel Christian Fellowship
Dale Magisterial District
North line of Belmont Road
REQUEST: Rezoning from Light Industrial (1-1) to Agricultural (A).
PROPOSED LAND USE:
A church use is planned; however, with approval of this request, any use permitted
in the Agricultural (A) District would be allowed.
On August 17, and 22, the applicant submitted additional proffers. Proffered Condition 7 limits
uses to churches and other places of worship and such uses that may be accessory to churches,
exclusive of any residential use (proffered Condition 7). Proffered Condition 8 addresses the
Transportation Department's concerns relative to ditch relocation and provision of an adequate
shoulder along Belmont Road.
Staff continues to recommend denial of this request because the proposal fails to comply with the
Plan.
(NOTE: SHOULD THE BOARD WISH TO CONSIDER THESE PROFFERS, THEY
MUST UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES, AS SUCH
PROFFERS WERE SUBMITTED AFTER THE CASE APPEARED IN THE
NEWSPAPER.)
PROFFERED CONDITIONS
7. Permitted uses on the Property shall be limited to churches and other places of worship,
including Sunday schools and temporary revival tents. No residential uses shall be
permitted. (P)
Providing a FIRST CHOICE community through excellence in public service
8. Prior to the issuance of an occupancy permit, the developer shall be responsible for
relocation of the ditch to provide an adequate shoulder along the north side of Belmont Road
for the entire property frontage along Belmont Road. The ditch relocation shall not include
any Dominion Virginia Power pole relocations. The developer shall dedicate to Chesterfield
County, free and unrestricted, any additional right-of-way (or easements) required for this
improvement. (T)
2 07SN0331-AUG22-BOS-ADDENDUM
June 19,2007 CPC
July 25, 2007 BS
August 22,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0331
New Bethel Christian Fellowship
Dale Magisterial District
North line of Belmont Road
REQUEST: Rezoning from Light Industrial (I-I) to Agricultural (A).
PROPOSED LAND USE:
A church use is planned; however, with approval of this request, any use permitted
in the Agricultural (A) District would be allowed.
(NOTE: IN ORDER FOR THE BOARD TO CONSIDER THIS CASE AT THEIR
AUGUST 22, 2007, MEETING, A $230.00 DEFERRAL FEE MUST BE PAID.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, GULLEY AND BASS
NAYS: MESSRS. LITTON AND WILSON
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to the Central Area Plan
which suggests the property is appropriate for light industrial use.
B. The proposal represents encroachment into an area designated for economic
development.
Providing a FIRST CHOICE community through excellence in public service
C. The proposed uses are incompatible with County Airport operations.
D. Transportation concerns, as expressed herein, have not been addressed.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The Contract Purchaser-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code
of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and
its successors or assigns, proffers that the development of the properties lrnown as Chesterfield
County Tax ID 759-676-4298 from I-I to A will be developed as set forth below; however, in the
event the request is denied or approved with conditions not agreed to by the Applicant, these
proffers and conditions shall be immediately null and void and of no further force or effect.
1. Timbering. Except for the timbering approved by the Virginia State Department
of Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit has been obtained from
the Environmental Engineering Department and the approved devices have been
installed. (EE)
2. BMP.
a) If the existing dam and pond straddling an adjacent property line is used
for the project's BMP, then it shall be retrofitted to meet current day
standards as outlined in the Environmental Engineering reference manual
to include, but not limited to, proper primary spillways, emergency
spillways, and structural stability. The retrofit design shall be performed
by a qualified professional and all remedial action shall tak:e place in
conjunction with that phase of development which is located within the
dam's contributory drainage way.
b) If the proper easements cannot be obtained to retrofit the existing facility,
identified in item 2(a) upstream BMPs shall be constructed to render the
existing primary spillways adequate to pass the 10 year storm. (EE)
3. Dedications/Recordation.
Prior to any site plan approval or within sixty (60) days of from a written request
by the Transportation Department, whichever occurs first, forty-five (45) feet of
right of way on the north side of Belmont Road immediately adjacent to the
property, measured from a revised centerline based on VDOT Urban Minor
2
07SN0331-AUG22-BOS
Arterial Standards (50 MPH) with modifications approved by Chesterfield County
Transportation Department, shall be dedicated free and unrestricted, to and for the
benefit of Chesterfield County. (T)
4. Access. Direct access to Belmont Road shall be limited to one (1) public road or
one (1) entrance/exit. The exact location of this access shall be approved by the
Chesterfield County Transportation Department. (T)
5. Utilities. To facilitate future extension of the public wastewater system, a sixteen
(16) foot permanent sewer easement with adjacent parallel ten (10) foot
temporary construction easement shall be dedicated to Chesterfield County,
extending along the natural course of drainage from Belmont Road to the western
boundary of the site. (U)
6. Prior to any site plan approval for the portion of the subject property that drains to
Belmont Rd., an analysis shall be made of the existing culvert under Belmont
Road between Corcoran Drive and Lick:ing Creek: Drive. If it is determined that
Belmont Road will top on a 10-year storm with ultimate build-out of the upstream
drainage area for that portion of the development that drains across Belmont
Road, the developer shall retain the two and ten year post development storms on
site and release at the two and ten year pre-development rates, and also replace
the culverts under Belmont Road such that they will handle the 10 year pre-
development rate from the subject property plus the existing ten year offsite
runoff. (EE)
GENERAL INFORMATION
Location:
North line of Belmont Road, across from Corcoran Drive. Tax ID 759-676-4298.
Existing Zoning:
I-I
Size:
29.9 acres
Existing Land Use:
Vacant
3
07SN0331-AUG22-BOS
Adiacent Zoning and Land Use:
North - R-12; Vacant
South - R - 7; Single-family residential
East and West - A; Single-family residential or vacant
UTILITIES
Public Water System:
A twelve (12) inch water line extends along the south side of Belmont Road, opposite this
site, and terminates approximately 600 feet north of Corcoran Drive. Use of the public
water system is required by County Code.
Public Wastewater System:
The request site is within the service area of the Falling Creek: Trunk: Sewer. There is an
eight (8) inch wastewater collector line extending along a tributary of Falling Creek: and
terminating north of Corcoran Court, in Rolling Hills Subdivision Section D,
approximately 750 feet southeast of this site. Proffered Condition 1 of Case 98SN0182
requires that the public wastewater system be used to serve this site. By rezoning this site,
the condition to use public wastewater will be removed, allowing development of the
church site with a private septic system.
While use of the public wastewater system was initially suggested, further evaluation of
the remaining properties in the drainage basin, relative to the proposed routing of the off-
site wastewater line under design to serve the proposed "Central Park:e" development,
southwest of this site, staff determined that use of a private septic system to serve this site
would not hinder future development. Per staff s recommendation, the applicant has
proffered to dedicate to the county a sewer easement extending across the request site
following the course of natural drainage from Belmont Road to the western boundary of
the site (Proffered Condition 5). Dedication of this easement will allow for future up-
stream development.
Private Septic System:
Use of a private septic system must be approved by the Health Department.
ENVIRONMENT AL
Drainage and Erosion:
The property drains in two directions. Approximately two-thirds of the property drains to
the south into an existing creek: and then under Belmont Road. The pipe under Belmont
Road in this location appears to be inadequate for the existing conditions. The remaining
one-third of the property drains to the rear into a pond on the adjacent property. The pond
4
07SN0331-AUG22-BOS
is extremely old and there is no information on the design of either the primary or
emergency spillway. Therefore, staff recommends that the existing pond be analyzed to
meet current day criteria and to implement any improvements necessary. (Proffer
Condition 2)
A portion of this property that drains to the existing culverts under Belmont Road has a
substantial upstream off-site drainage area. Development of the area draining toward the
culvert, which is currently inadequate, will increase flooding of the road. An analysis
should be made of the existing culvert under Belmont Road. If this analysis determines
Belmont Road will flood during a 10-year storm, the developer should install culverts to
pass a 10-year storm. (Proffered Condition 6)
ECONOMIC DEVELOPMENT
The proposed rezoning lies within the Central Area Plan. Economic Development has tak:en into
consideration various aspects of the Plan and has some concerns. The Chesterfield Airport
Industrial Park: is ninety percent (90%) built out. Inquiries and activity seek:ing available
industrial sites in this area are heavy at this time. The Economic Development Department is
currently work:ing with several developers and prospective users of industrially zoned property in
the Airport area in an effort to increase the availability of suitable property for commercial and
industrial development. This proposal would decrease the current inventory of industrially zoned
property; therefore the department cannot support the request. The goal is to protect existing
industrial areas for current demand as the department work:s to identify additional property to
zone for industrial use. The large parcels proposed for industrial use must be protected to
optimize economic development opportunities in the future.
The focus on the Route 288 corridor for regional transportation and industrial location
advantages cannot be ignored. The County must continue to actively mark:et the light industrial
and regional mixed use potential of designated areas along the corridor.
PUBLIC FACILITIES
County Airport:
The subject property is in an area susceptible to heavy and continuous aircraft operations
due to its proximity to the runway at the County Airport and the corresponding airport
traffic pattern. Runway 33, which is used for sixty (60) percent of all departures from the
airport, directly affects this area. The airport consistently receives more complaints from
citizens residing in this area than from any other area. The attached map depicts the air
traffic patterns.
The uses proposed by this application, as well as the other uses that could potentially be
developed on the property are incompatible with the County Airport's operations.
5
07SN0331-AUG22-BOS
Fire Service:
The Dale Fire Station, Company #11, currently provides fire protection and emergency
medical service (EMS). This request will have a minimal impact on fire and EMS.
Transportation:
In December 1998, the Board of Supervisors approved a rezoning (Case 98SN0182) of
approximately seventy-eight (78) acres to Residential (R-12) (48 acres) and Light
Industrial (I-I) (30 acres). With that approval, the Board accepted proffered conditions
relative to transportation that, among other things: 1) required right-of-way dedication
and construction of specific road improvements (i.e. ditch relocation and turn lanes, if
warranted); and 2) controlled access along Belmont Road. The residential portion of that
rezoning has already been developed. The light industrial part of the property remains
undeveloped and is the subject of this rezoning request.
The applicant is requesting rezoning of 29.9 acres from Light Industrial (I-I) to
Agricultural (A). Under the current Light Industrial (I-I) zoning, development could
generate approximately 1,860 vehicle trips per day. This request will not limit
development to a specific land use; therefore, it is difficult to anticipate traffic generation.
The applicant has indicated an interest in developing the property for a future church site
(seating capacity for approximately 450 people). Based on the anticipated church use,
development of the property could generate approximately 460 average daily trips
(ADT). Vehicles from the development will be distributed along Belmont Road, which
had a 2006 traffic count of 4,977 ADT. Belmont Road is an existing two-lane roadway
with twenty (20) foot pavement width and no shoulder along the property's frontage.
Based on the current peak: hour volumes of traffic, Belmont Road is at capacity (Level of
Service E). No public road improvements in this part of the county are currently included
in the Six-Year Improvement Plan.
The Thoroughfare Plan identifies Belmont Road as a major arterial with a recommended
right-of-way width of 90 feet. Forty-five (45) feet of right-of-way, measured from the
centerline of Belmont Road, should be dedicated in accordance with that Plan. The
applicant has proffered to provide right-of-way dedication in accordance with the
Thoroughfare Plan. (Proffered Condition 3)
Development must adhere to the Development Standards Manual in the Zoning
Ordinance, relative to access and internal circulation (Division 5). Access to major
arterials, such as Belmont Road, should be controlled. The applicant has proffered to
limit vehicular access to one (1) entrance/exit point along Belmont Road. (Proffered
Condition 4)
The traffic impact of this development must be addressed. As part of the original
rezoning, the Board accepted a proffer (Proffered Condition 8b of Case 98SN0182) that
required the relocation of the ditch to provide an adequate shoulder along the property's
frontage to Belmont Road. Area roads need to be improved to address safety and
6
07SN0331-AUG22-BOS
accommodate the increase in traffic generated by this proposed development. The
applicant is not willing to provide ditch relocation for an adequate shoulder along the
property's entire frontage to Belmont Road.
Based on the proposed church use and the current traffic volume along Belmont Road, it
is not anticipated that left- and-right turn lanes will be required for the site. Because of
the vertical and horizontal alignment of Belmont Road in this area, sight distance is
limited. To meet sight distance requirements, the existing road alignment may need to be
reconstructed. As a result, additional "off-site" right-of-way may be required to achieve
adequate sight distance.
As previously stated, the applicant is unwilling to provide ditch relocation to provide an
adequate shoulder along the property's entire frontage to Belmont Road; therefore, the
Transportation Department cannot support this request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for light industrial use. One of the intents of the Plan is to reserve areas for
future economic development opportunities in proximity to the regional transportation
network: as well as the County's Airport.
Area Development Trends:
Adjacent properties to the east and west are zoned Agricultural (A) and are occupied by
single-family residential uses or remain vacant. An adjacent property to the north as well
as to the south, across Belmont Road, are zoned Residential (R -12 and R - 7) and are
occupied by single-family residential uses or remain vacant. It is anticipated properties in
the immediate vicinity of the request site and along Belmont Road will develop with light
industrial uses, in conformance with the Plan.
Zoning History:
On December 16, 1998, the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved light industrial zoning on the request property
with conditions, which among other things, limiting the industrial uses allowed (Case
98SNOI82). The applicant initially in that zoning request had sought to zone the subject
property to residential. The Planning Commission recommended denial of that proposal
because it failed to comply with the Plan. Ultimately, the Board remanded the
application to the Planning Commission for further negotiations with the applicant at
which time the proposal was modified to seek: industrial zoning on that portion of the
property which is the subject of this request.
7
07SN0331-AUG22-BOS
Development Standards:
The request property lies within the Emerging Growth Area. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects.
Compliance with Emerging Growth standards would address issues relative to access,
park:ing, landscaping, architectural treatment, setback:s, signs, buffers, utilities, and
screening of dumpsters and loading areas. However, with approval of the requested
Agricultural (A) zoning the property and would not be subject to the Emerging Growth
standards of the Zoning Ordinance unless these standards were proffered.
Uses:
As noted, the applicant intends to construct a church and related facilities on the property;
however, with approval of this request, other uses such as single family dwellings on
acreage parcels and group homes would be permitted. As noted in the "County Airport"
section of this "Request Analysis", these uses are incompatible with the County Airport
operations. Further, these uses are potentially an adverse impediment to anticipated and
desired industrial development in the area.
CONCLUSION
The proposed zoning and land uses do not conform to the Central Area Plan which suggests the
property is appropriate for light industrial use. The proposal represents encroachment into an
area designated for economic development. The Plan suggests protection of existing and
proposed industrial areas from conflicting land uses as well as protecting the County Airport
from encroachment of incompatible use. This proposal, if approved, would decrease the current
inventory of industrially zoned property. In addition, transportation concerns, as expressed
herein, have not been addressed.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (6/18/07):
Revised proffered conditions were submitted.
Planning Commission Meeting (6/19/07):
The applicant did not accept the recommendation. There was support present who
indicated that church use would be a good neighbor to area residential development.
8
07SN0331-AUG22-BOS
Mr. Litton indicated that area residents support the use. Mr. Wilson indicated that in his
opinion the property is not suited for industrial development; there are no safety issues
related to the airport operation; and that the church understands the noise impacts from
the airport.
Mr. Gulley indicated the proposal is not consistent with the Plan and that the use is
incompatible with the airport as well as anticipated area development.
Mr. Litton made a motion to recommend approval and acceptance of the proffered
conditions. His motion was seconded by Mr. Wilson. The vote on Mr. Litton's motion
was as follows:
AYES: Messrs. Litton and Wilson
NAYS: Messrs. Geck:er, Gulley and Bass
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended denial.
AYES: Messrs. Geck:er, Gulley and Bass
NAYS: Messrs. Litton and Wilson
Board of Supervisors' Meeting (7/25/07):
At the request of the applicant, the Board deferred this case to their August 22, 2007,
public hearing.
Staff (7/26/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 30, 2007, for consideration at the Board's August
public hearing. The applicant was also advised that a $230.00 deferral fee was due.
Staff (8/10/07):
To date, no new information has been received, nor has the deferral fee been paid.
The Board of Supervisors, on Wednesday, August 22, 2007, beginning at 6:30 p.m., will tak:e
under consideration this request.
9
07SN0331-AUG22-BOS
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RUDYI COYNER
1 As S 0 CIA T E S, LLC
OLIVER RUDY lAW BUilDING
9910 WAGNERS WAY
P.O. BOX FIFTY-EIGHT
CHESTERFIElD, VA 23832
CAR R lEE. COY N E R, E S QU IRE
MICHAEL G. MONTGOMERY, ESQUIRE
OLIVER D. RUDY (1937-2007)
TELEPHONE (804) 748-3600
FASCIMILE (804) 748-4671
August 22, 2007
Honorable Kelly E. Miller
Board of Supervisors
Chesterfield County
Chesterfield, Virginia
Re: Case No. 07SN0331 - New Bethel Christian Fellowship
Members of the Board:
My client in the above-referenced zoning case understands that the church is
moving into an area planned for industrial growth. The church is comfortable with the
Chesterfield Airport as a neighbor, and it will not make complaints to the County about
noise from the airport. The church will not oppose zoning cases that involve increasing
the industrial base in this area or expanding the airport.
Very truly yours,
~c~
New Bethel Christian Fellowship International
Bishop Lindberg Edwards
Senior Pastor
August 17, 2007
Elder Sylvia Edwards
Co-Pastor
Category: Law & Order
Target: Residents of Cascade Creek, Rolling Hills and Five Forks
Subdivisions
Petition: Say yes to build a new church on property located at 8400
Belmont Road, Chesterfield, VA.
DescriptionlHistory:
· New Bethel Christian Fellowship International purchased subject
property June 8, 2004. Purpose: Build a new church in the community.
Currently
Worshiping at:
J. A. Chalkey
Elementary School
3301 Turner Road
Chesterfield, VA 23832
· Subject property is currently zoned light industrial.
re2f:)nin~ -tb R..for o..-..)rc:..'" use. .
· Submitted application for C~ T'._,.alEie.Pvlaiit Now being
reviewed and considered by the Chesterfield County Board of
Supervisors.
· Chesterfield County Airport officials oppose rezoning citing high noise
levels from aircraft flying over head may disrupt church services.
· Fairhaven Baptist Church located 8200 Belmont Road has been
worshiping in proximity to the airport for years adjusting favorably to
noise levels.
Petition:
We, the undersigned, say yes to the plans for construction of a new church
on the subject property as requested by New Bethel Christian Fellowship
lntemationallocated in Chesterfield County.
Please stand with us at the next Chesterfield County Board of Supervisors
meeting scheduled Wednesday, August 22, 2007 at 6:30 pm to show your
support. It is greatly needed and appreciated.
Location: Chesterfield County Department of Planning (Administration
Building, 9901 Lori Road, Chesterfield, VA.
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