Chesterfield fine-tuning zoning ordinance update with new classifications proposed

Chesterfield County is in the midst of an overhaul of its zoning ordinance and recently unveiled a new draft of the document. (BizSense file)

Several years into the process of reviewing and updating its zoning ordinance, Chesterfield officials are weighing a draft that proposes new and consolidated zoning districts and the elimination of the county’s conditional-use zoning tool.

County officials recently unveiled the second draft of an update to the zoning ordinance, which specifies what kind of land uses are permitted where and under what circumstances in Chesterfield.

The ongoing project, referred to as the Zoning Ordinance Modernization Project (ZOMod), is intended to create a more user-friendly and modern document that jells better with Chesterfield’s comprehensive plan than the current zoning ordinance, which dates back decades.

New land-use categories and the removal of the conditional-use plan of development (CUPD) process, as well as codified amenity standards, are among the proposals being considered.

New zoning districts 

The latest draft of the zoning ordinance rewrite, which was unveiled last month, is planned to feature 14 land-use districts, a reduction from the current 24 districts. Among the fewer districts would be five new zoning designations and others that would consolidate existing districts.

“The new categories are more flexible and more forgiving than what the current zoning has in it,” Planning Director Andy Gillies said.

Among the new land-use designations in the latest draft is a zoning district called Rural Community (RC). The designation would provide a mechanism to develop larger-lot subdivisions in rural areas.

The Rural Community district would allow detached-home subdivisions with lots of at least 5 acres, or with 3-acre lots for developments that include shared amenity space. The idea is the district would provide a large-lot development option in rural areas served by public roads.

The district is a successor to a proposed zoning amendment discussed by county officials last year but that did not advance in that form.

Another new, housing-specific district is the Alternative Residential (AR) district, which would accommodate manufactured homes, tiny-home subdivisions and other “innovative and emerging residential housing concepts,” according to the draft ordinance.

A proposed Mixed-Use Center (MU) would be a district for projects that combine residential, commercial and office uses. The draft ordinance describes such developments as those that “serve as a node for several neighborhoods, as an urban activity center or a regional destination” and could be “designed in horizontal or vertical formats.”

While mixed-use developments aren’t new to Chesterfield – the Springline at District 60 project on Midlothian Turnpike is an example – the county’s current ordinance lacks a dedicated district for such developments.

Also new are the Urban Residential (UR) zone, which would be for townhome, apartment and “vertically integrated” mixed-use buildings of up to seven stories, and the Warehouse & Distribution (WD) designation that would be geared toward distribution, warehouse and trucking facilities, according to the draft ordinance.

Chesterfield officials held a topping-off ceremony late last year for the first office building being built at the Springline at District 60 mixed-use development. Among the proposed new land-use designations included in the ongoing zoning ordinance update is a dedicated mixed-use designation. (BizSense file)

The ordinance update will not involve any automatic, county-initiated rezonings of any property in Chesterfield. Reclassification of a property under a new zoning designation would need to occur by way of individual zoning requests brought forward for case-by-case consideration by the Planning Commission and Board of Supervisors.

Chesterfield staff has opted so far to leave the county’s Agricultural (A) designation largely unchanged. More than half of the county’s 424 square miles is zoned agricultural.

CUPD on the chopping block 

Also proposed in the latest draft is the removal from the ordinance of the CUPD (conditional-use plan of development) process, a zoning tool that essentially creates a customized land-use district for any project that doesn’t fit the current ordinance.

Chesterfield has more than 3,000 CUPDs, and Gillies said their individualized nature makes them challenging for county staff to get a handle on what’s allowed when properties change hands and owners have new ideas with what to do with them. Accordingly, the zoning option is expected to be eliminated.

“If someone calls and says, ‘I want to do an ice cream stand at the corner of X and Y and it’s in a CUPD,’ we have to make sure all the specifics are being complied with,” Gillies said. “It can make for a fairly tedious process for the applicant and for us to make sure we’re not giving them the wrong information.”

Gillies said the CUPD rose in popularity as a workaround over the years as the ordinance started to lose touch with development trends. Mixed-use developments, for example, currently need to go through the process to allow for the combination of residential and commercial uses they entail.

Andy Gillies

If the county eliminates the CUPD process, properties zoned with a CUPD would be grandfathered in and remain in effect, Gillies said.

County planners seek to retain a level of flexibility that’s been afforded by the CUPD with a proposed new proffer adjustment process. That program is intended to allow some customization in exchange for proffers, or commitments made by a developer to reduce the effects of a project.

County planners said this approach is intended to create more of a give and take when developers come forward with zoning proposals.

Proffered adjustments – which include amendments to landscaping, amenities, parking and signage – would vary in availability by zoning district. The county isn’t weighing any changes to its proffers policy as part of the ordinance update.

Another new feature of the proposed ordinance update is a standard amenities list. Assistant Planning Director Steven Haasch noted that developers in the county already are incorporating things such as green spaces and recreational facilities into their projects, but the county lacked a set of standards to use as a starting place.

“They know their residents are looking for those kinds of amenities anyway. We’re codifying the minimum standards. Of course, you can go above that,” he said.

The proposed standards spell out types of “amenity space,” a catch-all term that can apply to a range of things, from buffers and walking trails to rooftop bars and plazas.

Adoption expected next year 

The second draft of the zoning ordinance update was unveiled in early March, and later that month county staff presented the proposed zoning districts to the Planning Commission. A presentation on development standards is expected this spring.

County staff expect to create at least a third draft of the update, to be informed by public feedback. The original draft was presented last summer.

A final draft is currently anticipated in early 2025. The Board of Supervisors will need to sign off on the zoning ordinance update with a final vote and public hearing expected that June or July.

Chesterfield initiated the ZOMod process in early 2021, a year after tapping planning consultant White & Smith to assist with the process. Chesterfield has budgeted $1 million for the project and spent about $600,000 so far.

Much of the zoning ordinance dates to the 1970s, though small-scale changes have been made since then. The last major update to the ordinance was in 1997.

The county’s webpage devoted to the zoning ordinance update can be found here. A copy of the second draft of the update can be viewed here. The county is currently accepting public comment on the draft.