16SN0552
CASE NUMBER: 16SN0552 (AMENDED)
APPLICANT: Bermuda Marketplace, LLC
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District: BERMUDA
ADDENDUM
12006 BERMUDA CROSSROAD LN
Board of Supervisors (BOS)
Public Hearing Date:
NOVEMBER 18, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
ANDREW M. SCHERZER
(804-794-0571)
Applicant’s Contact:
JEN SURBER
(410-267-9777)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
(AMENDED) Rezoning of 5.8 acres of an 8 acre tract from General Business (C-5) to General
Business (C-5) with conditional use to permit multifamily residential use plus conditional use
planneddevelopment to permit exceptions to ordinance requirements; and conditional use to
permit multifamily residential use on the remaining 2.2 acre portion of this tract zoned
Community Business (C-3)
An eighty (80) unit age-restricted multifamily apartment building is planned. In addition,
commercial uses may develop on the remainder of the request property. Exceptions to buffer
and development requirements for the multifamily use are also requested.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.A revised proffered condition is located in Attachment 1.
ADDENDUM
The purpose of this Addendum is to notify the Board of the submission of an additional proffered
condition. It is important to note that this revision was submitted after public advertisement of this
case. The Board of Supervisors must unanimously agree to suspend their procedures in order to
consider this revised proffered condition.
On November 18, 2015, the applicant submitted a revision to Proffered Condition 1 relative to
permitted commercial uses. The applicant has removed “contractor’s office, shop and storage
yard” as a permitted use based upon feedback from the community.
Providing a FIRST CHOICE community through excellence in public service
ADDENDUM (CONTINUED)
Staff offers no objection to the applicant’s request to delete the “contractor’s office, shop and
storage yard” use. Acceptance of Proffered Condition 1 as modified would be appropriate.
However, staffcontinues to recommend denial of this request as outlined below.
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(10/20/2015)
RECOMMEND DENIAL
STAFF
Request does not address impacts on capital facilities
216SN0552-2015NOV18-BOS-ADD
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING-
BUDGET AND Fails to address the development’s impact in accordance with Board’s
MANAGEMENTCash Proffer Policy
FIRE -
PARKS AND Fails to address development’s impact on park facilities in accordance
RECREATION with Board’s Cash Proffer Policy
Fails to address development’s impact on library facilities in
LIBRARIES
accordance with Board’s Cash Proffer Policy
Fails to address development’s impact on school facilities in
SCHOOLS
accordance with Board’s Cash Proffer Policy
Fails to address development’s transportation impact in accordance
CDOT
with Board’s Cash Proffer Policy
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
316SN0552-2015NOV18-BOS-ADD
ATTACHMENT 1
PROFFERED CONDITION 1
Note:
“CPC” – Original Proffered Condition 1– As recommended by the Planning Commission
“MODIFIED” –Revised Proffered Condition 1–Submitted by Applicant on November 18, 2015
(CPC) 1. Uses.
a.Permitted uses within the portion of property zoned General
Business (C-5) District shall be limited to those uses permitted by
right or with restrictions in the Community Business (C-3) District,
plus the following:
i.Automobile rental, repair and sales (excluding
consignment lots)
ii.Cold storage
iii.Conference center
iv.Contractor’s office, shop and storage yard
v.Motor vehicle rental, repair and sales
vi.Self-storage facility
vii.Recreational establishment, commercial-outdoor;
viii.Research and development facility;
ix.Warehouse, accessory to permitted use;
x.Warehouse, principal use;
xi.Wholesale houses and distributor, excluding greenhouse
or plant nursery;
xii.Wholesale trade of any product allowed to be sold at retail
in the district.
b.Dwellings, multiple-family, provided that should commercial uses
also be developed on the General Business (C-5) property, such
uses be limited to those permitted by right or with restrictions in
the Community Business (C-3) District. (P)
(MODIFIED) 1. Uses.
a.Permitted uses within the portion of property zoned General
Business (C-5) District shall be limited to those uses permitted by
right or with restrictions in the Community Business (C-3) District,
plus the following:
i.Automobile rental, repair and sales (excluding
consignment lots)
ii.Cold storage
iii.Conference center
iv.Motor vehicle rental, repair and sales
416SN0552-2015NOV18-BOS-ADD
v.Self-storage facility
vi.Recreational establishment, commercial-outdoor;
vii.Research and development facility;
viii.Warehouse, accessory to permitted use;
ix.Warehouse, principal use;
x.Wholesale houses and distributor, excluding greenhouse
or plant nursery;
xi.Wholesale trade of any product allowed to be sold at retail
in the district.
b.Dwellings, multiple-family, provided that should commercial uses
also be developed on the General Business (C-5) property, such
uses be limited to those permitted by right or with restrictions in
the Community Business (C-3) District. (P)
516SN0552-2015NOV18-BOS-ADD
CASE NUMBER: 16SN0552 (AMENDED)
APPLICANT: Bermuda Marketplace, LLC
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: BERMUDA
12006 BERMUDA CROSSROAD LN
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
NOVEMBER 18, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
ANDREW M. SCHERZER
(804-794-0571)
Applicant’s Contact:
JEN SURBER
(410-267-9777)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
(AMENDED) Rezoning of 5.8 acres of an 8 acre tract from General Business (C-5) to General
Business (C-5) with conditional use to permit multifamily residential use plus conditional use
planned development to permit exceptions to ordinance requirements; and conditional use to
permit multifamily residential use on the remaining 2.2 acre portion of this tract zoned
Community Business (C-3)
An eighty (80) unit age-restricted multifamily apartment building is planned. In addition,
commercial uses may develop on the remainder of the request property. Exceptions to buffer
and development requirements for the multifamily use are also requested.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions, Textual Statementand exhibits are located in Attachments 1-4.
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(10/20/2015)
RECOMMEND DENIAL
STAFF
Request does not address impacts on capital facilities
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
BUDGET AND Fails to address the development’s impact in accordance with Board’s
MANAGEMENTCash Proffer Policy
FIRE -
PARKS AND Fails to address development’s impact on park facilities in accordance
RECREATION with Board’s Cash Proffer Policy
Fails to address development’s impact on library facilities in
LIBRARIES
accordance with Board’s Cash Proffer Policy
Fails to address development’s impact on school facilities in
SCHOOLS
accordance with Board’s Cash Proffer Policy
Fails to address development’s transportation impact in accordance
CDOT
with Board’s Cash Proffer Policy
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
216SN0552-2015NOV18-BOS-RPT
316SN0552-2015NOV18-BOS-RPT
Map 2: Comprehensive Plan (The Chester Plan)
Classification: COMMERCIAL
The designation suggests the property is appropriate for commercial uses, including automobile
oriented uses and light industrial uses. Residential uses of various types anddensities may be
appropriate if part of a larger mixed use project.
1
The Chester Plan notes that new multifamily development (including apartments, townhouses, as well as individual
buildings with multiple units) is not appropriate. Residential development should be comprised of single-family homes
of densities up to four (4) units to the acre, duplexes, or age restricted developments such as townhouses or zero lot
line homes if designed to look like single-family homes.
MULTIFAMILY DEVELOPMENT IN THE CHESTER PLAN
The applicant proposes an age-restricted apartment building in an area where commercial uses
1
are designated. Multifamily development is currently discouraged by The Chester Plan. The
request property is within the study boundaries of the Jefferson Davis Corridor Plan Special Area
Plan. It is anticipated that land uses will be reevaluated through the Special Area Plan process.
In the interim, multifamily development at this location could be considered an appropriate land
use for the following reasons:
Locates multi-family residential use in proximity to commercial services;
Serves as a transition between the shopping center and adjoining residential uses to the
north and west;
Limits housing to an age-restricted product;
Locates higher residential densities in close proximity to a major arterial (Route 1).
416SN0552-2015NOV18-BOS-RPT
Map 3: Surrounding Land Uses & Development
Westchester Townhomes
Commercial or
vacant
Jefferson Davis
Single-family residential
Highway (Route 1)
Rock Hill Road
PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Rezoning from A and C-3 to C-5of 10.8 acres (which
Approved
95SN0119 includes a portion of the request property)to permit
(12/14/1994)
general commercial and light industrial uses
Rezoning from A to C-3 of 11.3 acres (which includes a
Approved
98SN0203 portion of the request property) plus proffered conditions
(5/27/1998)
on adjoining 9.3 acres to permit community business uses
PROPOSAL
An eighty (80) unit age-restricted multifamily apartment building is planned. The applicant
proposes to develop the multifamily use on five (5) acres of the eight (8) acre tract. The
remaining three (3) acres may be developed for commercial uses.
As proffered, with multifamily development, commercial uses on the General Business (C-5)
tract would be limited to Community Business (C-3) uses. Should multifamily residential uses
not be developed on the C-5 property, the C-5 property would be limited to C-3 uses plus
specified C-5 uses. The 2.2 acre portion of the 8 acre tract, which is currently zoned C-3, has
been included for the purpose of addressing a streetscaped access to the proposed multifamily
development located on the C-5 property.
516SN0552-2015NOV18-BOS-RPT
To encourage a high-quality development that creates a mix of multifamily and commercial uses
with the existing shopping center, the applicant has proffered design and amenity requirements in
conjunction with multifamily developmentas well as use limitations for the C-5 property. The
following chart provides an overview of the proffered conditions offered by the applicant:
General Overview
Requirements Details
Use restrictions for C-5 include:
With multifamily, limited to C-3 uses
Commercial Uses
Without multifamily,limited to C-3 and some
C-5 uses
Proffered Condition 1
THE FOLLOWING APPLY TOTHE PROPOSED MULTIFAMILY DEVELOPMENT
The Textual Statement and conceptual plan serve as the
Master Plan which define:
Master Planexceptions to development standards
location of multifamily uses
Proffered Condition 3
Limited to 80 dwelling units
Density
Proffered Condition 4
Street trees along interior access roads and
common driveways
Landscaping
Landscaping provided around the building, in
common areas and medians
Proffered Conditions 7 and 8
Minimum of 0.5 acres, to include walking trail
and hardscaped gathering area
Focal Point
Provided in accordance with Exhibit A
Proffered Condition 9, Attachment 3
Restricted to “Housing for Older Persons”
Age-Restriction
Prohibits occupants under the age of 19
Proffered Condition 14
No equipment associated with children’s play
Minimum of 1,500 SF of interior amenities,
geared towards senior citizens:
Recreational and Other Amenities
Community and exercise rooms
Computer center
Common laundry, kitchen and restroom areas
Proffered Conditions 11 and 13
Compatible with Exhibit B
60% of units having balconies or ground floor
patios
Architecture & Building Materials
80% brick or stone veneer
Variations in brick and grout color
Vinyl prohibited
Proffered Conditions 6 & 7, Attachment 4
616SN0552-2015NOV18-BOS-RPT
General Overview(Continued)
Requirements Details
5’ sidewalk from the apartment building to the
adjoining shopping center to promote
connectivity
Sidewalk & Walking Trail
5’ walking trail to serve as a passive recreational
amenity
Proffered Conditions 10& 12
6’ solid vinyl, wood or composite fence installed along
western property line to screen use from adjoining
Fence
residential uses
Textual Statement Item 2.a.iii.
DEVELOPMENT STANDARDS & BUFFERS
With some exceptions, the multifamily use will be developed in accordance with the
Multifamily Residential (R-MF) District development standards. The following chart provides an
overview of the development’s modification to Multifamily Residential (R-MF) District standards:
Development StandardsOverview
R-MF Development Exceptions Zoning Ordinance
Proposed
(Textual Statement)Requirement
Building Setbacks
From Private Driveways 25’ 10’
From Parking Spaces15’ 0’
From Property Line (From Tax 50’ 35’
Textual Statement Item 1.a.
ID 797-656-6244)
Dwelling Units Per Floor 10 27
Pavement Width for Access Drives 30’ 26’
Minimum Project Size20 Acres5 Acres
Minimum Recreation Area 1.5 Acres 0 Acres
Buffers
Adjacent to GPIN 797-657-0152100’ 50’
and 797-657-4157
Adjacent to GPIN 796-656-8688100’ 25’
Textual Statement Item 2 &
Attachment 3
716SN0552-2015NOV18-BOS-RPT
FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Natalie Spillman (717-8767) spillmann@chesterfield.gov
The need for schools, parks, libraries, fire stations and transportation facilities in this area is
identified in the County’s adopted Public Facilities Plan, Thoroughfare Plan and Adopted Capital
Improvement Program and further detailed by specific departments in the applicable sections
of this request analysis.
This proposed development will have an impact on capital facilities. Staff has calculated the
fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at
$23,418 per unit.
Theapplicant is requesting to rezone 5.8 acres of an 8 acre tract from General Business (C-5) to
General Business (C-5) with conditional use to permit multifamily residential use plus
conditional use planned development to permit exceptions to ordinance requirements; and
conditional use to permit multifamily residential use on the remaining 2.2 acre portion of this
tract zoned Community Business (C-3). The applicant has proffered a maximum density of 80
dwelling units, as well as a condition for all dwelling units to be restricted to ‘housing for older
persons.’ To address the impact of this development on capital facilities, the applicant has
proffered $7,000 per dwelling unit, to be allocated among the facilities costs for roads and fire
as follows: $697 for fire and $6303 for roads. The proffer also includes language that would
freeze the $7,000 contribution for a period of four years after which it would be escalated by
the cumulative change in the Marshall and Swift Building Cost Index.
The applicant’s cash proffer of $7,000 per unit, while addressing the impacts on fire stations,
negatively impacts the county’s ability to provide adequate park, library, school and road
facilities. Consequently, the County’s ability to provide adequate facilities to its citizens will be
adversely impacted.
The Planning Commission and Board of Supervisors, through their consideration of this request,
may determine that there are unique circumstances relative to this request that may justify
acceptance of proffers as offered for this case.
816SN0552-2015NOV18-BOS-RPT
80
Per Dwelling Unit Impact on Capital Facilities
Potential
Units
Facility FY16 Calculated Current BOS ApplicantVariance from
Categories Impact Maximum Proposal Maximum
Schools $9,648 $7,814 $0 ($7,814)
Parks $1,347 $1,091 $0 ($1,091)
Libraries $318 $258 $0 ($258)
Fire Stations $861 $697 $697 $0
Roads $11,244 $9,106 $6,303 ($2,803)
Total $23,418 $18,966 $7,000 ($11,966)
Overall Impact on Capital Facilities
Schools $771,840 $625,120 $0 ($625,120)
Parks $107,760 $87,280 $0 ($87,280)
Libraries $25,440 $20,640 $0 ($20,640)
Fire Stations $68,880 $55,760 $55,760 $0
Roads $899,520 $728,480 $504,240 ($224,240)
Total $1,873,440 $1,517,280 $560,000 ($957,280)
*Based on a proffered maximum of 80 dwelling units. Actual number of units and
corresponding impact may vary.
916SN0552-2015NOV18-BOS-RPT
PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate
and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive
Plan, indicates:
County-wide Fire & EMS Service Information & Needs
New 5
Recommendations for Fire Stations
by 2022
Replacement/Revitalization 4
Fire 24%
1
2011 Incidents as a percent of total
EMS (Emergency Medical Services) 76%
Fire/EMS Increases in Call Volume
44%
from 2001 and 2011
County Population Increase from
17%
2001 to 2011
1
With the aging of population, medical emergency incidents are expected to increase faster than the rate of
population growth over time.
Fire Service - Project Impacts
Estimated Number of Calls for
22
Service Annually
Applicant’s Proposal to Address Offered in Accordance with Policy
1
Impacts Proffered Condition 15
1
The financial impact of residential development on fire facilities is addressed in the “Financial Impact on Capital
Facilities” section of the report.
Additional Information:
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
Information relative to nearby fire and emergency service facilities can befound in Attachment
5.
1016SN0552-2015NOV18-BOS-RPT
PARKS AND RECREATION
Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov
The County supports a high-quality park system to provide residents and visitors with equitable
access to active and passive recreation opportunities. The Public Facilities Plan, as part of the
Comprehensive Plan, indicates:
County-wide Parks and Recreation Needs
Park TypeNumber of New Parks Aggregate Acreage
Regional 3600
Community10 790
Neighborhood 9180
Special Purpose 3 1 -
Urban 2 - -
Linear 3 - -
1
The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired
and developed on a site-by-site basis.
2
Facilities are recommended in urban areas where there is limited acreage available for park development.
3
Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan.
Parks and Recreation – Project Impacts
5.9 Acres of Regional, Community and/or Neighborhood
2012 County Level of Service
parkland per 1,000 persons
9 Acres of Regional, Community and/or Neighborhood
Target Level of Service
parkland per 1,000 persons
Applicant’s Proposal to Address Not offered in Accordance with Policy
1
Impacts Proffered Condition 15
1
The financial impact of residential development on parks facilities is addressed in the “Financial Impact on Capital
Facilities” section of the report.
Additional Information:
Information relative to nearby parks and recreation facilities can be found in Attachment 5.
1116SN0552-2015NOV18-BOS-RPT
LIBRARIES
Staff Contact: Debra Winecoff (751-4475)winecoffd@chesterfield.gov
The public library system’s role in the county has expanded beyond its traditional function as a
resource for information and materials, and now serves as a community gathering place for
educational, cultural and informational services; community support during emergencies;
economic development; and revitalization activities. The Public Facilities Plan, as part of the
Comprehensive Plan,indicates:
County-wide Library Needs
Facility ActionCounty-wide Facility Needs
Expand or Replace 5 Libraries
Construction of New 5 Libraries
Facilities
1 Community Arts Center
Libraries -Project Impacts
Applicant’s Proposal to Not offered in Accordance with Policy
1
Address Impacts Proffered Condition 15
1
The financial impact of residential development on library facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Library Information:
Information relative to nearby library facilities can be found in Attachment 5.
1216SN0552-2015NOV18-BOS-RPT
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
High performing, high quality public schools contribute to the quality of life and economic
vitality of the County.The Comprehensive Plan suggests a greater focus should be placed on
linking schools with communities by providing greater access, flexible designs and locations that
better meet the needs of the communities in which they are located. The Public FacilitiesPlan,
as part of the Comprehensive Plan, indicates:
County-wide School Needs
School Types Facilities to Revitalize/Replace New Facilities
Elementary 16 3
Middle 62
High 23
Technical - 1
Schools -Project Impacts
Elementary 17
Middle 9
Average Student Yield
High 12
Total 38
Applicant’s Proposal to Not offered in accordance with Policy
1
Address Impacts Proffered Condition 15
1
The financial impact of residential development on school facilities is addressed in the “Financial Impact on
Capital Facilities” section of the report.
Additional Information:
While 80 age-restricted dwelling units are proposed, based on the cash proffer methodology
this development would yield 38 new students.
After review of this request, based on current school assignments and student enrollment the
proposed rezoning case will have an impact on schools. It is possible that over time this case,
combined with other tentative residential developments and other zoning cases in the area will
continue to push these schools to their capacity and therefore impact the capacity of facilities
division-wide.
Information relative to schools currently serving area can be found in Attachment 5.
1316SN0552-2015NOV18-BOS-RPT
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 Applicant’s Proposal
Cash Proffer PolicyReference “Budget and Management”
discussion on Pages 8 & 9
Proffered Condition 15
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) 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 not comment on this case as
Bermuda Crossing Lane is privately
maintained.
1416SN0552-2015NOV18-BOS-RPT
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposalwill have a minimal impact on the County’s utility system as detailed in the chart
below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No 8” & 12”Yes
Wastewater No 8”Yes
Map 5: Existing Water & Wastewater Systems
1516SN0552-2015NOV18-BOS-RPT
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Scott Dunn(804-748-1030) dunns@chesterfield.gov
Stormwater
Issue Discussion/Conditions
As-Built Submit a post construction as-built certification for the existing basin
Certification for located on GPIN 797-656-6244
Existing Proffered Condition 2
Stormwater Basin
1616SN0552-2015NOV18-BOS-RPT
CASE HISTORY
Applicant Submittals
8/10/15 Application submitted
8/25/15, Revised proffered conditions were submitted
9/18/15,
9/28/15,
10/7/15,
10/8/15 &
10/19/15
Community Meeting
9/9/15 Issues Discussed:
The District Commissioner, applicant and staff attended the meeting. The
following topics were discussed:
Amenities for apartment building
Age-restricted leasing of apartments
Maintenance of buffer adjacent to Rock Hill Road and adjacent properties to
the west
Traffic impacts
Location of planned recreational areas
Features and types of apartments offered
Planning Commission Meeting
10/20/15
Citizen Comments
Citizens spoke in support and opposition of the applicant’s request:
Question consistency of cash proffer policy application
Provides for affordable senior housing
Commission Discussion
Cash proffer policy provides for flexibility in evaluation of each case
Comprehensive Plan references to Enterprise Zone, proactive code
enforcement, sense of place and neighborhood enhancements
Quality product at ideal location to serve targeted price point
Question how county should incentivize investment in these areas
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Patton Second: Wallin
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.
1716SN0552-2015NOV18-BOS-RPT
ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“CPC” – Recommended by the Planning Commission only
(CPC) 1.Uses.
a.Permitted uses within the portion of property zoned General Business (C-
5) District shall be limited to those uses permitted by right or with
restrictions in the Community Business (C-3) District, plus the following:
i.Automobile rental, repair and sales (excluding consignment lots)
ii.Cold storage
iii.Conference center
iv.Contractor’s office, shop and storage yard
v.Motor vehicle rental, repair and sales
vi.Self-storage facility
vii.Recreational establishment, commercial-outdoor;
viii.Research and development facility;
ix.Warehouse, accessory to permitted use;
x.Warehouse, principal use;
xi.Wholesale houses and distributor, excluding greenhouse or plant
nursery;
xii.Wholesale trade of any product allowed to be sold at retail in the
district.
b.Dwellings, multiple-family, provided that should commercial uses also be
developed on the General Business (C-5) property, such uses be limited
to those permitted by right or with restrictions in the Community
Business (C-3) District. (P)
(CPC) 2.SWM/BMP Facility. The applicant shall prepare a post construction as-built
certification, acceptable to Environmental Engineering, of the existing basin
located on GPIN 797-656-6244. This certification shall indicate that the required
BMP configuration, volume elevations, and structures are in conformance with
the approved construction plans for that BMP facility. (EE)
The following shall apply to any multi-family development:
(CPC) 3.Master Plan. The Textual Statement last revised October 7, 2015, and the Zoning
Plan (Bermuda Crossing, Layout Plan), Exhibit A, last revised September 24, 2015
and prepared by Balzer and Associates, Inc. shall be considered The Master Plan
for multi-family development. Uses shall be located as generally depicted on the
Zoning Plan, but the location and size of buildings, parking and amenities may be
1816SN0552-2015NOV18-BOS-RPT
modified provided the uses generally maintain their relationship with each other
and any adjacent properties. (P)
(CPC) 4.Residential Multifamily Density. A maximum of eighty (80) multifamily dwelling
units shall be permitted on the property. (P)
(CPC) 5.Architectural Treatment.Unless deviations are approved by the Planning
Commission during site plan review, the architectural treatment of the
multifamily building shall be compatible and consistent with Exhibit B, titled
“1410 Bermuda Crossing.”
Sixty (60) percent of the total number of units shall have balconies or ground
floor patios with doors with flanking windows to each side. (P)
(CPC) 6.Building Materials. Structures shall be constructed with brick or stone veneer;
composition, or hardiplank siding; and twenty-five (25) year asphalt shingles.
Exterior façade will contain at least eighty (80) percent brick or stone veneer.
Different brick and grout will be used for building façade to add depth and
interest to the structure. Vinyl siding shall not be permitted. (P)
(CPC) 7.Landscaping. Landscaping shall be provided around the perimeter of all
buildings, between buildings and driveways, within medians, and within common
areas not occupied by recreational facilities or other structures. Landscaping
shall comply with the requirements of the Zoning Ordinance. Landscaping shall
be designed to: minimize the predominance of building mass and paved areas;
define private spaces; and enhance the residential character of the
development. The Planning Department, at the time of site plan review, shall
approve the landscaping plan with respect to the exact numbers, spacing,
arrangement and species of plantings. (P)
(CPC) 8.Street trees.Street trees, consisting of large deciduous trees planted a
maximum of forty (40) feet on center, shall be planted along each side of the
interior access roads and common driveways. Spacing may be increased where
there is a conflict with utilities, sightlines, and driveway areas. (P)
(CPC) 9.Focal Point. A minimum of 0.50 acres shall be provided in the project as a focal
point. Part of the area shall be “hardscaped” and have other amenities that
accommodate and facilitate gatherings. The exact design and location shall be
approved by the Planning Department at the time of site and/or subdivision plan
review. Areas that may count towards the required focal point area are shown
on Exhibit A. (P)
(CPC) 10. Sidewalk.A five (5) foot sidewalk shall be constructed to provide connectivity to
the adjacent property on GPIN 797-656-6244, which includes the Bermuda
Shopping Center. The exact location, treatment, and design of sidewalk shall be
determined at time of site plan review. (P)
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(CPC) 11. Recreational Provisions. Multifamily structures shall include:
a.A minimum of 1,500 square feet of indoor activity area, open and easily
accessible to building residents. Such area shall include, at a minimum,
an exercise room, computer stations and a multipurpose area for
gatherings that is equipped with a common kitchen and restrooms.
b.A laundry room equipped with a minimum of four (4) washing machines
and four (4) clothes dryers. (P)
(CPC) 12. Exterior Walking Trail.A five (5) foot walking trail shall be constructed along the
exterior of the multi-family building, as a recreational facility, as generally shown
on Exhibit A. The trail shall be 2” SM-9.5 asphalt and over 4” 21-B stone. The trail
shall be maintained by the Developer. (P)
(CPC) 13. Restriction on Children’s Play Facilities. The common area/recreational
amenities associated with any multifamily use shall not include playground
equipment, play fields or other facilities primarily associated with children’s play.
(P)
(CPC) 14. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing
Law, the Federal Housing Law, and such other applicable federal, state, or local
legal requirements, dwelling units shall be restricted to “housing for older
persons” as defined in the Virginia Fair Housing Law and shall have no persons
under 19 years of age domiciled therein (“Age-Restricted Dwelling Units”). (P)
(CPC) 15. Cash Proffer.For each dwelling unit, the applicant, sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield, prior to the issuance of a
building permit for infrastructure improvements within the cash proffer service
district for the property, unless state law prevents enforcement of that timing:
a.$7,000.00 per dwelling unit for the period beginning the July 1 preceding
the Board of Supervisors’ approval of the case through July 1 four years
later, at which point the amount will be adjusted for the cumulative
change in the Marshall and Swift Building Cost index during that time
period. At the time of payment, the $7,000.00 will be allocated pro-rata
among the facility costs as follows: $6,303.00 for roads, and $697.00 for
fire stations.
b.Thereafter, the per dwelling unit cash proffer amount shall be
automatically adjusted, annually, by the annual change in the Marshall
and Swift Building Cost Index on July 1 of each year.
c.Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law.
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d.Should Chesterfield County impose impact fees at any time during the life
of the development that are applicable to the Property, the amount paid
in cash proffers shall be in lieu of or credited toward, but not be in
addition to, any impact fees, in a manner determined by the County.
(B&M)
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ATTACHMENT 2
TEXTUAL STATEMENT
Last Revised October 7, 2015
This is a request to rezone 5.8 acres of an eight (8) acre tract from General Business (C-5) to
General Business (C-5) and conditional use to permit multifamily residential use and conditional
use planned development to permit exceptions to ordinance requirements on this eight (8) acre
tract.
1.Multifamily residential dwellings shall be subject to the requirements of the Zoning
Ordinance for the Residential Multi-Family (R-MF) Districts, except asfollows:
a.Setbacks.
i.A fifteen (15) foot exception to the twenty-five (25) foot setback
requirement for structures from private driveways.
ii.A fifteen (15) foot exception to the fifteen (15) foot setback requirement
for structures from parking spaces.
iii.A fifteen (15) foot exception to the fifty (50) foot setback requirements
for structures from property lines adjacent to GPIN 797-656-6244.
b.Dwelling Units.
i.A maximum of twenty-seven (27) dwelling units shall be permitted on
any one floor of a building.
c.Roads.
i.A four (4) foot exception to the thirty (30) foot pavement width
requirement for access drives.
d.Project Size.
i.An exception of fifteen (15) acres to the twenty (20) acre minimum
project size requirement.
e.Height of buildings.
i.No buildings or structures shall exceed a height of three (3) stories.
f.Recreation Area.
i.A one and half (1.5) acre exception to the one and half (1.5) acre
minimum for recreational area. Recreational area will be supplemented
with the focal point and multifamily facilities amenities that are outlined
in the proffered conditions.
2.Buffers.
a.The following buffer requirements shall apply to the part of parcel(s) where
multifamily residential dwellings are developed:
i.A fifty (50) foot buffer shall be provided between the subject property
and GPINS 797-657-0152 and 4157. Tree removal and grading shall be
allowed within this buffer area to accommodate site construction and
pathway. Equivalent perimeter landscaping 1.5 C shall be provided within
the buffer.
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ii.A twenty-five (25) foot buffer shall be provided between the subject
property and GPIN 796-656-8688. Tree removal and grading shall be
allowed within this buffer area to accommodate site construction and
retaining wall construction. Equivalent perimeter landscaping 1.5 C shall
be provided within the buffer.
iii.Within these buffers, a six (6) foot solid vinyl, wood or composite fence
shall be installed along the western property boundary as shown in
Exhibit A. The exact design and treatment of the fence shall be approved
by the Planning Department at the time of site plan review. This fence
shall be installed prior to the issuance of the first building permit and
shall be maintained in good condition.
b.Where other permitted uses are developed on the property, these uses shall
comply with the buffer requirements of the Zoning Ordinance.
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ATTACHMENT 3
EXHIBIT A (CONCEPTUAL LAYOUT PLAN)
GPIN 797-657-4157
GPIN 797-657-0152
GPIN 796-656-8688
GPIN 797-656-6244
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ATTACHMENT 4
EXHIBIT B (CONCEPTUAL ELEVATION)
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ATTACHMENT 5
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
C. E. Curtis
Elizabeth Davis Thomas Dale
Elementary
Middle SchoolHigh School
School
Capacity
nal
Functional Functional
MembershipMembershipMembership
% Capacity% Capacity% Capacity
CapacityCapacityCapacity
Categories
Functio
Current
and
Projected
2014 727 88183 1243 1284 97 22392824 79
2
Figures
2015 735 -83 1289 - 100 2213- 78
2016 750 -85 1343 - 105 2189- 78
2021 797 -90 1339 - 104 2342- 83
Trailers Number of
0 0 -
1
Trailers
1
Trailers are not identified in the staff report for schools under 90% capacity.
2
Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS.
They are based on the September 30 membership and Space Utilization Study Report for a given year. School
boundary adjustments may be made to address over capacity levels.
Nearby Public Facilities
Fire Station The Dutch Gap Fire Station, Company Number 14
EMS Facility The Dutch Gap Fire Station, Company Number 14
Library Chester
Parks & Recreation Dutch Gap Conservation Area, Battery Dantzler
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