17SN0742
CASE NUMBER: 17SN0742
APPLICANT: Bermuda Marketplace, LLC
CHESTERFIELD COUNTY, VIRGINIA
ANALYSIS Magisterial District: BERMUDA
12006 and 12010 Bermuda Crossroad Lane
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
FEBRUARY 22, 2017
BOS Time Remaining:
365 DAYS
:
JEN SURBER
(276-698-8760)
BERMUDA MARKETPLACE, LLC
(410-267-9777)
Planning Department Case Manager:
DREW NOXON (804-796-7122)
REQUEST
Amendment of Conditional Use (Case 16SN0552) to amend cash proffers in Community Business
(C-3) and General Business (C-5) Districts. Specifically, the applicant proposes to delete Proffered
Condition 15 of Case 16SN0552 relative to a cash proffer payment.
An age-restricted multi-family development consisting of a maximum of 80 dwelling units on five
(5) acres of an eight (8) acre tract is proposed.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Approved proffered conditions, Textual Statement and exhibits of Case 16SN0552 are located in
Attachments 1 - 4.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS
Planning Commission
RECOMMEND APPROVAL
Staff
PLANNING RECOMMENDS APPROVAL
The quality design and architecture required by existing zoning conditions provide for a
convenient, attractive, and harmonious community and will likely contribute to revitalization
of the larger surrounding community.
TRANSPORTATION (CDOT) RECOMMENDS APPROVAL
On January 27, 2016, the Board of Supervisors adopted a resolution designating the property
as a revitalization area. Consistent with the Road Cash Proffer Policy, no road cash proffer will
be accepted for development in revitalization areas.
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ suggests a new facility shall be constructed in the
LIBRARIES
general vicinity of Kingsdale, Chester and Hopkins Roads. Land for
expansion or replacement of this facility has not been acquired.
PARKS AND The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ identifies the need for two community parks in
RECREATION the general vicinity. Land for these community parks has not been
acquired.
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Comprehensive Plan (The Chester Plan)
Classification: COMMERCIAL
The designation suggests the property is appropriate for commercial use including automobile
oriented uses and light industrial uses.Residential uses of various types and densities may be
appropriate if part of a larger mixed use project.
Surrounding Land Uses and Development
Westchester Townhomes
Commercial
or vacant
Perdue Springs
Dr
Jefferson Davis Hwy
Rock Hill Rd
Dalewood
Subdivision
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Zoning History
Case Number Request
95SN0119 Rezoning to C-5 of 10.8 acres (which includes a portion of the request
Approved property) to permit general commercial and light industrial uses
(12/14/1994)
98SN0203 Rezoning to C-3 of 11.3 acres (which includes a portion of the request
Approved property) plus proffered conditions on adjoining 9.3 acres to permit
(5/27/1998) community business uses
Rezoning of 5.8 acres to General Business (C-5) with conditional use and
conditional use planned development to permit multifamily residential use; and
16SN0552
conditional use to permit multifamily residential use on 2.2 acres zoned
Approved
Community Business (C-3). Proffered Conditions included a cash proffer of
(11/18/2015)
$7,000 per unit allocated to roads and fire (currently escalated to $7,000).
(Proffered Condition 15)
Design Requirements of Case 16SN0552
The following provides an overview of the approved design requirements referenced in
attached case information (Attachments 1-4):
Site layout and architectural renderings similar to Attachments 3 and 4
Architectural treatment to include materials and provisions for balconies and
ground-floor patios
Sidewalks, street trees, buffers, and landscaping around buildings
Hardscaped focal point, indoor recreational amenities, walking trails
Design
High quality residential development addresses the Comprehensive Plan goals for strong and
sustainable neighborhoods that are visually attractive, well-planned and well-maintained.
Further, the purpose and intent of the zoning ordinance to promote the health, safety,
convenience and general welfare of the public includes the creation of convenient, attractive
and harmonious communities, protection against overcrowding of land, and protection of the
natural environment. As such, developments that promote unique, viable and long lasting
places and enhance the community are encouraged.
The existing conditions of zoning include high quality residential design and architectural
elements that will create an attractive, unique, well-planned, well-maintained and long lasting
development that is in compliance with the Comprehensive Plan goals and the zoning
ordinance.
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REVITALIZATION
Staff Contact: Carl Schlaudt (804-318-8674) schlaudtc@chesterfield.gov
The project site is under review for inclusion in a revitalization area for the purposes of
implementing the new cash proffer policy. The Revitalization Office supports the case as a positive
investment with revitalization benefits.
COUNTY TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
An existing condition of zoning limits development to a maximum density of 80 multifamily
dwelling units (Proffered Condition 4 of Case 16SN0522). Based on trip generation rates for
apartment dwelling units and the maximum of 80 units, development could generate
approximately 532 average daily trips. Traffic generated by development of the property would
be initially distributed along Jefferson Davis Highway.
Jefferson Davis Highway is a major arterial with a recommended right of way width of 120 to
four-lanes wide along the property frontage. In 2015, the traffic count on Jefferson Davis
Highway north of Route 10 was 25,842 vehicles per d
Section 19.1-231 of the County Code outlines the general requirements to meet the needs of
the traffic generated by a proposed development, including acceptable levels of service. This
proposed residential development would contribute to an identifiable need for transportation
improvements.
The property is located within Traffic Shed 14, which encompasses the area of the County
bounded by I-95, Route 10, Route 288, and Chester Road. Some of the roads in this traffic shed
or which serve this traffic shed are substandard, with little or no shoulders, fixed objects (trees)
adjacent to the edge of the pavement, and poor vertical and horizontal alignments. The traffic
volume generated from this proposed residential development will contribute to an identifiable
need for transportation facility improvements to these roads in excess of existing
transportation facility capacity. Roads in this shed or which serve this shed need to be improved
or widened to address safety and accommodate increased traffic, including the increased traffic
from the proposed development.
Transportation staff has calculated the average impact of a single-family dwelling unit on the
transportation network to be $12,652; however, the Board of Supervisors has adopted a policy
establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as
addressing the traffic impacts of residential development, with all of the funds to be dedicated
towards improvements to the road network.
On January 27, 2016, the Board of Supervisors adopted a resolution designating the property as
a revitalization area. Under the Road Cash Proffer Policy, no road cash proffer will be accepted
for development in these areas.
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FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
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.
Response Times
The proposed development is located in the urban response zone for which Fire & EMS has a
goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and
EMS is currently unable to meet that goal.
Nearby Fire/EMS Facilities
Chesterfield County Fire Station #1, Chester
Anticipated Fire & EMS Impacts/Needs
Based on an average of 0.275 calls per dwelling, it is estimated that this development will
generate 22 annual calls for Fire/EMS services.
Additional Fire and EMS Comments
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.
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
Mission
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.
Capital Improvements
The School Board FY2017 adopted Capital Improvement Plan (CIP) continues to support the
2013 voter approved school revitalization program that will replace or renovate ten schools and
construct one new elementary school to add capacity in the Midlothian area of the county. The
ten existing facilities that are part of the revitalization program are Providence Middle School,
Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary
School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School,
Crestwood Elementary School, and Ettrick Elementary School. Additional information on the
CIP can be found in the financial section of the CCPS Adopted Budget for FY2017.
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Anticipated School Impacts
Enrollment
Anticipated Schools Percent of
Functional Number of Current
Student Yield by Currently Total
Capacity Trailers Enrollment
School Type Serving Area Functional
Capacity
Elementary - C.E. Curtis 857 0 700 82
Middle - Elizabeth 1,319 4 1,235 94
Davis
High - Thomas Dale 2,874 2 2,252 78
Total \[1\] -
Note:
\[1\] Based upon average number of students per multi-dwelling unit countywide at 0.33 students per unit
Additional Schools Comments
After review of this request for 80 age-restricted dwelling units, the proposed rezoning case
may have minimal impact on school facilities. Recent research on the actual student yield from
age-restricted housing reported in April 2016 revealed that there was a small yield (four
elementary students out of the total school population) from all age-managed dwelling units. It
is possible however, that over time this case combined with other tentative residential
developments and other zoning cases in the area will continue to push schools to their capacity
and therefore impact the capacity of facilities division-wide.
LIBRARIES
Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov
Mission
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.
Nearby Libraries
Chester Library
Public Facilities Plan
The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ suggests a new facility shall be constructed in the general vicinity of
Kingsdale, Chester and Hopkins Roads. Land for expansion or replacement of this facility has
not been acquired.
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PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
Mission
The County supports a high-quality park system to provide residents and visitors with equitable
access to active and passive recreation opportunities. The 2012 level of service is 5.9 acres of
regional, community and neighborhood parkland per 1,000 persons whereas the target level of
service is 9 acres per 1,000 persons.
Nearby Parks Facilities
Goyne Park
Henricus Park
Dutch gap Conservation Area
Civil War Parks: Battery Dantzler, Ware Bottom and Parkers Battery
Lowes Athletic Complex
Kiwanis Park
Public Facilities Plan
The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ identifies the need for two community parks, consisting of approximately
125 acres in total, one in Dale of 90 acres and one in Enon, consisting of 35 acres in the general
vicinity. Land for these community parks has not been acquired.
The Bikeways and Trails Chapter of the Comprehensive Plan recommends provision of
pedestrian/bicycle facilities along all routes shown on the Plan and connections from these routes
and existing pedestrian/bicycle facilities to adjacent developments. This case is not immediately
adjacent to recommended routes of the Plan or existing facilities. The applicant is encouraged to
provide pedestrian/bicycle connections to Route 10/West Hundred Road existing
pedestrian/bicycle facilities, south of this location.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
The proposed request will not impact these facilities
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CASE HISTORY
Applicant Submittals
11/02/16 Application submitted
Planning Commission
1/17/17 Citizen Comments:
Two citizens spoke requesting clarification on location of request.
Recommendation - APPROVAL
Motion: Sloan Second: Jones
AYES: Sloan, Jackson, Freye, Jones and Wallin
The Board of Supervisors on Wednesday, February 22, 2017, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CASE 16SN0552 - CONDITIONS OF APPROVAL
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
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
xi. 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)
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)
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The following shall apply to any multi-family development:
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 modified
provided the uses generally maintain their relationship
with each other and any adjacent properties. (P)
4.Residential Multifamily Density. A maximum of eight (80)
multifamily dwelling units shall be permitted on the
property. (P)
5.Architectural Treatment. Unless deviations area approved by
the Planning Commission during site plan review, the
architectural treatment of the multifamily building shall
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)
6.Building Materials. Structures shall be constructed with
brick or stone veneer; composition, or hardiplank siding;
and twenty-five (25) year asphalt shingles. Exterior facade
will contain at least eighty (80) percent brick or stone
veneer. Different brick and grout will be used for building
facade to add depth and interest to the structure. Vinyl
siding shall not be permitted. (P)
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)
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)
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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
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)
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)
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)
12.Exterior Walking Trail. A five (5) foot walking trail shall
be constructed along the exterior of the multifamily
building, as a recreational facility, as generally shown on
-
21-B stone. The trail shall be maintained by the Developer.
(P)
13.
area/recreational amenities associated with any multifamily
use shall not include playground equipment, play fields or
other facilities primarily associated with
(P)
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
Fair
Housing Law and shall have no persons under 19 years of age
-Restricted Dwelling
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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
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.
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 FROM 16SN0552
October 7, 2015
1.Multifamily residential dwellings shall be subject to the
requirements of the Zoning Ordinance for the Residential
Multi-Family (R-MF) Districts, except as follows:
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.
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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.
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. 11/18/15 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 FROM 16SN0552
GPIN 797-657-0152
GPIN 797-657-4157
GPIN 796-656-8688
GPIN 797-656-6244
1717SN0742-2017FEB22-BOS-RPT
ATTACHMENT 4
EXHIBIT B, CONCEPTUAL ELEVATIONS FROM 16SN0552
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