TOWNO OF BEDFORD LIFE. LIBERTY. HAPPINESS. Regular Council Meeting AGENDA March 26, 2024 Administrative 7:00 p.m. Approval of Minutes Report ofTown Manager Appearance before Council Council Comments Report of Council Committees Revisions to Agenda Public Hearings 1-P/CD-10-1-3-26 2-P/CD-10-1-3-26 Consent Agenda (roll call) 3-PW-6-1-1-3-26 4-CC-15-1-3-36 Old Business New Business S-PICD-10-1-3-26 6-P/CD-10-1-3-26 7-CC-15-1-3-26 8-FIN-2-43-3-26 Conditional Usel Permit for "Bed and Breakfast": at' Tax Map Number 194-A- Conditional Use Permit for "Multifamily Development" at Tax Map Number 128T in the R-1 Zoning District 233-A-20T in the PRD (now R-1) Zoning District Rolling Procession - Bedford County Parks & Recreation Facility Usel Request from Bedford Republican Party Resolution- Conditional Use Permit for* "Bed and Breakfast" at Tax Map Number 194-A-128T in thel R-1 Zoning District.(roll call) Resolution Conditional Use Permit for "Multifamily Development" at Tax Map Number 233-A-20T in the PRD (now R-1)Zoning District (roll call) Ordinance - Campaign Finance Reporting (roll call) Budget Presentation Citizens may watch the meeting in real time viat the Town of Bedford Live Stream website: lips/spnxhdponhasoV1358lwesram The Town will strive to provide reasonable accommodations and services for persons who require special assistance. to participate ini this public involvement opportunity. Contact (540) 587-6001 for more information. PUBLIC HEARING NOTICE TOWN OF BEDFORD Notice is hereby given of a public hearing to be held by Town Council at 7:00 p.m. on Tuesday, March 26, 2024, at the Town Municipal Building, Council Hall, 215 East Main Street for the purpose ofh hearing: Ar request for a conditional use permit for a "Bed and breakfast lodging" for Crows Nest Properties, LLCI located at 807 Grove Street, Bedford, VA (Tax Parcel 194 A 128T). The Information is on file in the office of Planning and Community Development at 215 East Main Street. Anyone who is in favor of or opposed to the request will have an opportunity to express applicants are Eric and Christine Borghoff. his/her views at this hearing. By the Authority ofTown Council Publish: March 13,2024 March 20, 2024 PUBLIC HEARING NOTICE TOWN OF BEDFORD Notice is hereby given ofa public hearing to be held by Town Council at 7:00 p.m. on Tuesday, March 26, 2024, at the Town Municipal Building, Council Hall, 215 East Main Street for the purpose ofhearing: Arequest for a conditional use permit for a "multifamily, townhomes & condominium development" for. John A. Carter & Richard T. Carter & Anne Carter Heller located on Burks Hill Rd and Roberts Lane, Bedford, VA (Tax Parcel 233-A-20T). The agent is Peace ofMind Property Services, Inc. Information is on file in the office of Planning and Community Development at 215 East Main Street. Anyone who is in favor of or opposed to the request will have an opportunity to express his/her views at this hearing. By the Authority ofTown Council Publish: March 13,2024 March 20, 2024 TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Consent Agenda DATE OF COUNCIL MEETING: March 26, 2024 DATE: March 18. 2024 PRESENTATION: Rolling Procession Bedford County Parks & Recreation Noah Brooke ofBedford County Parks & Recreation is holding an Opening Day Ceremony on Friday, April 12,2024, from 6:00 p.m.to Bedford Avenue Extension from Mountain. Ave to the curve of the Recreation Field, Ashland Avenue from the curve oft the They will notify thel Fire Department, Police Department and Bedford County Fire & Rescue of the: street closings. The residents oft the 9:00 p.m. (with ai rain date of April 19"), and will proceed with ar rolling procession on the following streets: Recreation Field to College St. affected streets will also be notified: and willl have ingress and egress to their homes. ACTION REQUESTED: No action is required. YES NO OTHER ROUTING DATE: APPROVED () FOREMAN DENIED DEFERREDTO: BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE C) () () TOWNATTY. () IT. C) C) () COMM.I DEV. () POLICE () () () ELECTRIC () PUBLIC SERV. () () () () ENGINEERING () OTHER C)) () FINANÇE () C) () FIREI DEPT. () () () () H.R. () () () () TOWNOF 215 E. MAIN: STREET I BEDFORD, VA 24523 (P)540.587.6001 I( (F)540.587.6143 BEDFORD WWW.BEDFORDVAGOV Temporary Road Closure Permit and Town Property/Facility Use Application Instructions A Temporary Road Closure and Town Property/Facility Use Permit is required for all outdoor special events that require the closure of a public road as part oft the event. For a Temporary Road Closure and Property/Facility Use Permit, please submit the following to the Town ofl Bedford at least 30 days prior to the event: M A completed application form D Al Facility use agreement E A map or site plan oft the location and event (may be hand drawn) DA A copy ofa an ABC. license ifalcohol will be served Health Department permit ift required for food service M Attach a cover letter describing your event M Payment for permit ($100) asa certificate holder (not as additional insured) E Map must show location of] Food Vendors, Vendors, Bathrooms, Trash Receptacles, & Rides OIfinflatables or mechanical rides are being used al building permit is required Tent(s) may require a building permit depending on size or arrangement Ifthe event will be held on public (Town) property, a certificate ofinsurance listing the Town Potential Conditions ofTemporary Road Closure Permits After event, return site toi its original condition Leave sufficient room on sidewalk for pedestrian traffic Make sure any tent is securely fastened and safe Electrical service: For any use that requires electrical service, a safety inspection by the Town's Food Service: Must be inspected and approved by the Health Department prior to the event. Inflatable or Mechanical rides: Must bei inspected and approved prior to the event. Building Inspector must be completed prior to the start oft the event. LIFE. LIBERTY.HAPPINESS. TOWNOF 215 E. MAIN STREET I BEDFORD, VA 24523 (P)540.587.6001 I(F)540.587.6143 BEDFORD WWW.BEDFORDVAGOV Temporary Road Closure Permit/Facility Use Application Accepted by: Date Revd: Contact Information Name: Noch Brooke Phone: 540875 6/78 Company: beded Guhhy Rkzs and Reahen Mailing Address: 1357 Counhy Farm Roadsuite B Email: Abrooké@, bdhGunyVhse City,Zip Bd,R4523 BedfdyA 21527 Application Information Physical Address/Location of Event: 780 Bedlfrcl Ave. Balbd VA 34523 Description of Event: Opening dey Coremony Dates and Times ofl Event: April 12+ 1034 hpn -fpm (Kamaut Aprl 1413004) Signs/Banners Amplified Sound Special Conditions (check all that apply) E1 Festival D Food Alcohol Inflatables Mechanical Rides Use of Sidewalk Tents Run/5K OTown Parking lots Closing Streets INDEMNITY: Applicant agrees to defend andi indemnify the Town, its officers, agents and employees from all claims of every kindi including all costs of defense arising out of, or which would not! have occurred but for Applicant's use oft the facilities licensed herein. Appliçant açcepts the facilities (and equipment, if appliçable) in' "as is" condition. Applicants shall be responsible for proper conduct of any and all persons attending the Event. By my signature on this form, Ihereby, confirm that the information provided above is accurate. Return completed application to Town of] Bedford Public Works, 702 Orange St Bedford, VA. For more information Applicant's Signature: Alockakes Date: 218174 call 540.587.6081. EPublic Works Police Dept. DE Fire Dept. Building Inspections DA Admin DH Health Dept. DA Approved Comments: DD Denied LIFE. LIBERTY. HAPPINESS. TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Facility Use Request from Bedford Republican Party DATE OF COUNCIL MEETING: March 26, 2024 DATE: March 21,2024 PRESENTATION: Fors several years thel Bedford Republican Party has been usingt the Council Chamber fori its meetings on ani irregularlasr needed"basis. The groupi recently: submitted: ar request to uset thef facility ona ai regular monthly' basis. The act ofag group requestinga ar reservation andt the Town's guarantee of suchi is governed! byt the Town'sF Facility Usel Policy, whichi includesa a $501 use fee fort the Council Chamber fore eachi instance or Thel Property Committee met on March 12th andi recommended thatt the Bedford Republican Party'srequest! be: approved, buta atar rate of$30 per meeting. Since this represents a variance from formal policy, the Committee reported this recommendation att the March 12th Council meeting and it was the consensus of Council members to place this as an item for formal action on the next upcoming agenda. event. ACTION REQUESTED: Town Council is requested to approve the request from the Bedford Republican Party to utilize the Council Chamber for meetings ona a monthly basis at a rate ofs $30 per event. YES NO OTHER ROUTING DATE: APPROVED C) FOREMAN DENIED DEFERREDTO: BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE C) () () TOWNATTY. () I.T. () () () COMM. DEV. () POLICE () () C) ELECTRIC () PUBLIC SERV. () () () () ENGINEERING ( ) OTHER () () () () () () FINANCE () () () FIREI DEPT. () () C) H.R. TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution Conditional Use Permit for "Bed and Breakfast" at Tax Map Number 194-A-128T in the R-1 Zoning District DATE: OF COUNCIL MEETING: March 26,2024 DATE: March 14,2024 PRESENTATION: On March 7, 2024, the Planning Commission held a public hearing to decide whether property located at 807 Grove Street can be recommended for approval ofa a conditional use permit for a "bed and breakfast". The applicant and one neighbor spoke at the public hearing; the neighbor was in favor of the request and thought the use would be good for the neighborhood. The request meets the two standards oft the: zoning ordinance for parking and for beingi in! keeping with the neighborhood. Since the Commission acted, the zoning of A motion was made to recommend approval of the request. During discussion, Commissioners talked about the applicability of draft standards for the new proposed "Homestay" use thati is similar to' "bed and breakfast" with more regulations. It was determined that the proposed standards, ifand when they may bep passed by Council, should applyi ini this case. Notingt thiss shouldb beacondition, the motion was amended to recommend approvai contingent on Council passing the Homestay" standards, andi that those: standards would apply to the the property changed from R-1A to R-1 with the ordinance changes that were adopted on March 12, 2024. request. The motion to recommend approval with the condition that "Homestay" standards apply passed by a vote of6to0. ACTION REQUESTED: Attachments: Town Council is requested to consider a Resolution to approve a conditional use permit for "bed and breakfast" located at 807 Grove Street, Tax Parcel 194-A-128T. Council may amend or remove the recommended condition or impose additional conditions. Staff Report "Homestay" Use Standards - adopted March 12, 2024 YES NO OTHER ROUTING DATE: APPROVED () FOREMAN DENIED DEFERREDTO: BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE () () () TOWN ATTY. () LT. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLIC SERV. () () () () ENGINEERING () OTHER C)) () FINANCE C)() () FIRE DEPT. () () () () H.R. () () () () RESOLUTION PERMITTING "BED AND BREAKFAST" BY CONDITIONAL USE PERMIT INTHE R-1 ZONING DISTRICT WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on WHEREAS, the Town Council has held a public hearing after notice was given in the Bedford Bulletin once a week for two successive weeks as required by Virginia Code 15.2-2204; March 7,2024; ;and and WHEREAS, the Land Development Regulations allow "Bed and Breakfast" use to be permitted with a conditional use permit in Section 603.02.b. Low-Density Residential (R-1A) and Section 602.02.g. Single-Family Residential (R-1)zoning districts (reflecting a zoning change on the property effective March 12, 2024); and WHEREAS, the Town Council finds as a fact that the proposed use is consistent with the intent of the land development ordinance and the land use plan, and is in the public interest; and NOW,THEREFORE, BE IT RESOLVED BYTHE TOWN COUNCIL OF THE TOWN OF BEDFORD, VIRGINIA that a conditional use permit is granted to Eric and Christine Borghoff/Crows' Nest Properties LLC for the property located at 807 Grove Street (identified as tax parcel 194-A-128T) to allow a "Bed and Breakfast" with the following condition: 1. The standards of the Homestay" use as adopted March 12, 2024 shall apply (included here). Sec. 808. Homestays. [New) 808.01.. Applicability. The supplemental regulations set out in this section shall apply to any homestay units permitted by this ordinance, by right or by conditional use permit. 808.02. Registration and other requirements. a. Nol host occupant shall operate al homestay or advertise ai residential property for homestay use without first registering and obtaining a permit for homestay with the town. b. The host occupant shall register with the department of finance to collect and remit the town's transient lodging tax and other applicable fees and taxes. C. Asac condition of registration, the host occupant shall show proof of the unit's! proper wastewater function, defined as licensed pumping ofa private septic system within the past 5 years or licensed inspection oft the unit's connection to1 the public wastewater system. The registration. shall be valid from January Ist (or from whatever date the registration first occurs) through December 31st of the calendar year and: shall be renewed annually. 808.03. Use regulations. a. Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed 30 days. The minimum contract rental period for the guest party shall be 24 hours. b. The maximum number ofa adult guests in al homestay unit is limited to two per bedroom. C. The principal guest ofal homestay unit shall be at least 18 years of age. d. No outdoor signs in conjunction with the homestay shall be displayed on the property, unless . No automobiles, buses, watercraft, utility trailers, or recreational equipment trailers shall be parked on the adjoining street in conjunction with homestay uses in zones R-1, R-2, or R-3. f. The name and telephone number of the host, or the host's designee, shall be posted within the homestay unit. The host shall answer calls 241 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the homestay located in zones B-1 or B-2. unit. g. The primary use of any homestay unit shall remain residential. 808.04. Safety regulations. a. There shall be a working fire extinguisher compliant with applicable codes located in the b. The unit shall have working smoke alarms and carbon monoxide detectors meeting Underwriters Laboratory standards that are properly inspected and maintained, and are homestay unit. installed as follows: (1) Ina all sleeping areas. primary exit. (2) In every room and hallway in the path ofe egress travel from the bedroom to the (3) Ine each story within the sleeping unit, including basements. C. Any bedroom must have ai minimum of one emergency escape and egress opening in d. As part of the registration process, the host shall certify that thel homestay unit meets the requirements of this section and other applicable regulations. The registration forms shall also provide that, as part oft the registration, the host is agreeing to permit inspections oft the home (at reasonable times and after notice has been provided) during thei initial registration process, subsequent annual registration renewals, and to address complaints. The failure to addition to the primary entrancelexit point. permit such an inspection is grounds for registration suspension. 808.05. Enforcement. a. Arecord of any violations of the Bedford Town Code, or of the use regulations and safety regulations outlined in this section, shall be maintained by the Zoning Administrator. b. Violations may ber reported by members of the public to the Zoning Administrator or their designee, the Building Official or their designee, or an officer or employee of1 the Town of Bedford Police Department or may be reported by such Town of Bedford employees int the Aviolation shall be considered substantiated if verified by the Zoning Administrator or their designee, the Building Official or their designee, or an officer or employee of the Town of course oftheir work. Bedford Police Department. 808.06. Registration suspension or cancellation. a. A registration may be suspended or cancelled for the following reasons: (I) Failure to collect and/or remit the transient occupancy tax. (2) Three or more substantiated complaints within a 6-month period for violations of the Bedford Town Code or the use regulations and safety regulations outlined in this section. b. Before any suspension or cancellation can be effective, a duly designated officer of the town shall give written notice to the homestay host. The notice ofs suspension or cancellation (I) A description oft the violations constituting the basis of the suspension or (2) Ifapplicable, a statement of acts necessary to correct the violation; and (3) A statement that ift no request for al hearing is made within ten days from the date oft the notice, the registration will be suspended or cancelled; (I) Certified mail or e-mail to the addresses in the registration form; and (2) Acopy of the notice shall be posted in a conspicuous place on the premises. d. Ifrequested, al hearing shall be held before the Zoning Administrator or the Zoning Administrator's designee. Iti is the burden of the host to demonstrate, by aj preponderance of the evidence, why the suspension or cançellation should not goi into effect. The decision of the Zoning Administrator or designee may be appealed to the Board ofZoning Appeals. issued under the provisions oft this section shall contain: cancellation; Such notice shall bes sent by: 808.07.. Penalty. It shall be unlawful to operate al homestay without registering as required by this article, after a registration has been suspended or cancelled or in violation of any other requirement oft this article; the penalty shall be a fine of $1,000.00 per occurrençe. Town of Bedford Definition Homestay Use -Zoning Ordinance March 12, 2024 Homestay. The accessory or secondary use ofa residential dwelling unit, or a portion thereof, to provide room or space that isi intended for short-term transient rental purposes foraf fee. 808.01. Applicability. The supplemental regulations set out int this section shall apply to any homestay units permitted by this ordinance, by right or by conditional use permit. a. No host occupant shall operate al homestay or advertise a residential property for homestay use without first registering and obtaining a permit for homestay with the b. The host occupant shall register with the department of finance to collect and remit the Asac condition of registration, the host occupant shall show proof oft the unit's proper wastewater function, defined as licensed pumping ofa private septic system within the past 5 years or licensed inspection oft the unit's connection toi the public wastewater The registration shall be valid from. January 1st (ori from whatever date the registration first occurs) through December 31st of the calendar year and shall be renewed annually. a. Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed 30 days. The minimum contract rental period for the guest party shall be 24 hours. b. The maximum number of adult guests in a homestay unit is limited to two per bedroom. The principal guest ofal homestay unit shall be at least 18 years of age. d. No outdoor signs in conjunction with the homestay shall be displayed on the property, e. No automobiles, buses, watercraft, utility trailers, or recreational equipment trailers shall be parked on1 the adjoining street in conjunction with homestay uses in zones R-1, f. The name and telephone number of the host, or the host's designee, shall be posted within the homestay unit. The host shall answer calls 24 hours a day, seven days a week for the duration of eachs short-term rental to address any problems associated with the Sec. 808. Homestays. [New] 808.02. Registration and other requirements. town. town'st transient lodging tax and other applicable fees and taxes. system. 808.03. Use regulations. unless located inz zones B-1 or B-2. R-2, or R-3. homestay unit. The primary use of any homestay unit shall remain residential. 808.04. Safety regulations. a. There shall be a working fire extinguisher compliant with appliçable codes located in the b. The unit shall have working smoke alarms and carbon monoxide detectors meeting Underwriters Laboratory standards that are properly inspected and maintained, and are homestay unit. installed as follows: Town of Bedford Homestay Use -Zoning Ordinance March 12, 2024 (1) Inalls sleeping areas. the primary exit. (2) Ine every room and hallway in the path of egress travel from the bedroom to (3) Ine each story within the sleeping unit, including basements. Any bedroom must have a minimum of one emergency escape and egress opening in d. As part of the registration process, the host shall certify that the homestay unit meets the requirements oft this section and other applicable regulations. The registration forms shall also provide that, as part of the registration, thel host is agreeing to permit inspections of the home (at reasonable times and after notice has been provided) during the initial registration process, subsequent annual registration renewals, and to address complaints. The failure to permit such an inspection is grounds for registration addition to the primary entrance/exit point. suspension. 808.05. Enforcement. a. Arecord of any violations of the Bedford Town Code, or of the use regulations and safety regulations outlined int this section, shall be maintained by the Zoning b. Violations may be reported by members of the public to the Zoning Administrator or their designee, the Building Official or their designee, or an officer or employee of the Town of Bedford Police Department or may be reported by such Town of Bedford Aviolation shall be considered substantiated if verified by the Zoning Administrator or their designee, the Building Official or their designee, or an officer or employee of the Administrator. employees in the course oft their work. Town of Bedford Police Department. 808.06. Registration suspension or cancellation. a. Aregistration may be suspended or cançelled for thet following reasons: (1) Failure to collect and/or remit the transient occupancy tax. (2) Three or more: substantiated complaints withina a 6-month period for violations of the Bedford Town Code or the use regulations and safety regulations outlined int this section. b. Before any suspension or cancellation can be effective, a duly designated officer oft the town shall give written notice to the homestay host. The notice ofs suspension or cancellation issued under the provisions of this section shall contain: (1) Adescription of the violations constituting the basis of the suspension or (2) fapplicable, a statement of acts necessary to correct the violation; and (3) Astatement that if no request for a hearing is made within ten days from the date of the notice, the registration willl be suspended or cancelled; (1) Certified mail or e-mail to the addresses in the registration form; and cancellation; Suchr notice shall be sent by: Town of Bedford Homestay' Use 4 Zoning Ordinance March 12, 2024 (2) Acopy oft the notice shall be posted in a conspicuous place on the premises. d. Ifrequested, al hearing shall be held before the Zoning Administrator or the Zoning Administrator's designee. Iti is the burden oft the host to demonstrate, bya preponderance oft the evidence, why the suspension or cancellation should not go into effect. The decision of the Zoning Administrator or designee may be appealed to the Board of Zoning Appeals. 808.07. Penalty. It shall be unlawful to operate al homestay without registering as required by this article, after a registration has been suspended or cancelled or in violation of any other requirement of this article; the penalty shall be a fine of $1,000.00 per occurrence. Staff Memorandum- - Conditional Use Permit Request Planning Commission -1 March 7, 2024 Applicant/ /Property Owner: Address of Subject Property: Tax Map Number: Lot Size: Existing Use: Requested Use: Zoning District: Erica and Christine Borghoff/Crows Nest Properties LLC 807 Grove: Street 194-A-128T 0.145acre Single-Family Residential (under construction) "Bed and Breakfast Lodging" Low Density Residential - R1A The applicant is requesting to use ai new single-family residence as a "bed and breakfast lodging" zoning use. The house isl being built on an existing lot between existing homes. A: rear driveway, garage and patio areai is also included on the property. Land Uses and Zoning: The property is on ai residential street with smaller-sized lots. The site has access from a rear alleyway. Surrounding land uses are single-family residences, Bedford Lofts and related parking lot, as well as other commercial uses including Beale'sand: Peaks Coaching Group in the nearby CNW zoning The intent of zoning districts guides development requests. The Intent of Low Density Residential R1A 601.01. Intent of Residential Districts R-1, R-1A, R-1E, R-2, and R-3. The residential districts have been designed to provide for a variety of life styles, socio-economic needs and concentrations of development in accordançe with the land use plan. The regulations for these districts are intended to protect the essential residential character of the districts; to this end, retail activity is sharply curtailed, and the districts are protected against encroachment of commercial or industrial uses and other uses likely to generate noise, crowds, large concentrations of traffic, light, dust, odors, smoke, and other "Bed and breakfast lodging" is defined as a dwelling containing a maximum of five room accommodations for tourists, wherein a charge is normally paid for sleeping and breakfast accommodations not exceeding a stay of 15 consecutive days, and not to be operated for rehabilitation, welfare or other similar purposes, and where no more than four meals a week are served to not more In the R1A: zoning district, a "bed and breakfast lodging" can be allowed with a conditional use permit per Section 603.02.b. This ordinance section for "bed and breakfast lodging" use has one requirement: b. Bed and breakfast lodging, provided that off-street parking be provided equal to one space for each lodging room (bedroom). Off-street parking shall not be provided within the front yard setback and such use shall be in district. is: obnoxious influences. Bed and Breakfast lodging is defined in Section 302.14: than 14 people other than overnight patrons. keeping with the residential character of the neighborhood. With three bedrooms stated by the owner, three off-street parking spaces are required. Parkingi is shown to be on the site at the rear and may bei in the garage ori in the driveway. Transportation: will be used. Noise: The traffic generation should be the same as similar-sized houses in thei neighborhood. The rear alley The applicant as operator of a "bed and breakfast lodging use" will be responsible for guests. The Town Code Chapter 26, Article VII governs noise violations if they occur, as with any use. Utilities and Other Site Considerations: Conditional Use Permit! Process: No effect. Ine evaluating the proposed conditional use, the Commission and Council should consider the following concerns from the zoning ordinance: 1. The effect of the proposed use on existing and projected traffic volumes and noise in the 2. The current and future need for the proposed use in the town and in the area; and 3. The character of the existing neighborhood and the effect of the proposed use on existing Possible Conditions for conditional use permit issuance: None suggested by staff. The Commission and Council may impose conditions to mitigate issues they may identify with the request. The Commission has 60 days within which to submit ai recommendation to' Town Council. If the Commission fails to submit a report within a 60-day period, it shall be deemed to have approved the neighborhood; property values. Planning Commission Action: proposed conditional use. Summary: This land use request is to permit a "bed and breakfast. lodging" usei in a single-family dwelling in the R1A zoning district. The required off-street parking is provided att the rear oft the site. Attachments: 1. Site Photographs 4. Application 2. Zoning Map the parcel is highlighted inl blue. 3. Aerial Photograph Map - thej parcel isl highlighted in blue. 2 Site Photographs 3 Zoning Map - 807 Grove Street outlined in blue 613 615 619 701 703 707 709 711 630 RIA RIA RIA 607 609 RIA 509 716 505 613 721 604 801 803 805 809 507 519 629 508 GNW 1007 1003, 527 523 519 506 508 512 516 606 612 RIA 513 804 CNW RIA Mi PRD 628 414 412 4147 414 CNW 807 Grove St- Zoning Map Subject Parcel BedfordParcels Zoning Current BI-L Limtede Business CNW- CommerdalN Neighborhoody Workplace MI- Manufacturing PRD-F Planned Residenbal RIA- Low Density Residential R2- Medum DenstyR Residential A 610 412A 0.04 559 01 01 Mles febniary 29.3 2024 5 Aerial Photograph ES 55 ITI H 807 Grove St- Aerial Subyect Parcel Bodford Parcels For saffuse $150Fee: Zoningl District: Town of Bedford, Virginia Department ofl Planning & Community Development (540)5 587-6021 . gphnsongbedonvagow Dater eival/nput Receivedby M7z Owner's Authonty Letter ifapplicable: PIA 22024-412 215E. Main Street ncr Bediord, VA24523 2Sitep planc copies CONDITIONALI USEI ERMITAPPHICATION Please print or type. Ifnot applicable, write N/A. APPLIÇANT INFORMATION Property Oweer Name: ERIG + CHRISTIVE BORGHOFF Address: UICeNONS.MET AUE HVODLRSTON, VA 211104 Phone:. 02 338 560 Applicant Name: Address:. Phone: Address: Email: 1I25N D-IVE & GMAIL.EOM Email: Primary Contact: Knic BoGHOEF Phone: So2 335. $560 PROPERTY! INFORMATION Email: H25 GN DIIVE GMAIL-COMA Location address: So7 GrOVE STREET Business Name (current or future): anows NEST POPERTIES kLC. Zoning District:, IA Current Use of) Property:. RSIDENTLIL seumber $0502A35 APPLICATION INFORMATION cNumber, 174-A-RET Cz) What specific land use are your requesting from the Land Development Regulations/Zoning: Ordinance? BEO $ BLEAILEAST / SHURT TEnM RENTIL Please summarize the grounds upon which this request is based (attach additional sheets ifnecessary). Z MSL JA) CRUUE STAEST. wI BE ALMPIEDDs Eun P/NI Eurn GKTWSEN BEDEVAD ANP LNCH BuRa WE. ARER2VESTIN A S106r TEs nAmAnArS)N COST OF oE TIJE YEAR.MY WIEE 5 LoG.AL MVASE. wio MIMDEDAGICE M : avr IAVESMENT IA SEOEvr-D. September 1,2020 Pagelof4 To evaluate the proposed conditional use, please address the following concerns: 1. List thee effect oft the proposed use on existing and projected traffic volumes and thei increase ofnoise int the TE RE SHOVLD BE NO ADDITIONAL TLAFEIC ON) GROVE ST. wr2 PLIN 1S 1 HAVtE OFESTAFET PIIvE Eon THE 3 BEDnaMS 2. Will the conditional use affect the current and future need fort the proposed usei int thet town and int the area? WE BECLEVE sJ. 355FOnD 1S A TWRIST DESTIATION. NE. FEEL cn VME AS A SACTTEA EVTAK wIVL HELP ALEOMMODATE neighborhood. IN ovL KNAE TIENE.TO. HAVsE Ms puns 3. How will this conditional use affect the character oft the existing neighborhood and existing property values? WE DEENSPTAL HyvsE 70 GT TNE AICHKeIp. THE DESIENS AMDEW SARMIIE AMDwn MIEIRanSl 10 HI4E 11 NsVE LECEIVES MOTIAC poS ITIVE MNESEPN INEEASIATY VAHVES AND Briwete MHTWASTS To SVPPoT s KOLAL so Om IIS A LIN for THE-. TPW CERTIFICATION Ihereby certify that this applicationi is complete and accurate tot the best of my knowledge. Iauthorize staff for the' Town ofBedford to enter thej property for purposes of reviewing this request and for placing a sign as notice of public hearings. Ihave provided: a site plan and the required application fee. Iunderstand thatl I am responsible for all advertising fees associated with placing required legal notices ini newspapers or other media. Applicant Signature: Print Name: ERIC Date: / StaffUse Only: MARCh 1,2024 Planning Commission meeting date(s). Recommendation: from Planning Commission Town Council public hearing date(s). Action taken by" Town Council (Approval/ Denial). Were conditions placed on the Conditional Use?. Zoning permit issuançe date_ Building permit issuance date_ Business licensei issuance datei ifcommercial ovs ST Tysl d Tys. Tyvo nerap Tyvek MomeNrap Tyvek Honwh A Tyvek Tyvel Homewn ag Tyvek Homeoo * yek. ass. yek. r Tyvek. Tyve a Homew Tyvek BS vek wiap Tyvek BE yvek Homewrap Tyve Homev Tyvek Homewrap Tyi Hor Afyey TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution Conditional Use Permit for "Multifamily Development" at Tax Map Number 233-A-20T in the PRD(now R-1) Zoning District DATE OF COUNCIL MEETING: March 26, 2024 DATE: March 21,2024 PRESENTATION: On March 7,2024, the Planning Commission held a public hearing to decide whether property located at Burks Hill Road and Roberts Lane can be recommended for approval ofa conditional use permit for a "multifamily development". The applicant's agent spoke at The Commission made ai motion to recommend approval oft the request. During discussion, Commissioners had questions for the applicant about the cost ofthel housing tol be provided, what ownership model would be used for either condominium ownership ora rental unit structure, appearance and materials oft the buildings, number oft bedrooms, and the area shown as being open behind the The agent noted the units would be two stories witht twol bedrooms, the price point would serve entry-level workforce housing, the area behind Burks Hilll Road would remain as open space for the stormwater management requirements, the property may be developed by the owner or would be marketed for sale to a developer, and parking meets the minimum for the number of units without additional The Commissioners expressed concern with thel lack of detail for the appearance oft buildings and ther materials to be used, lack of buffering of adjacent land, the uncertainty ofthe ownership, having the development marketed to al buyer without project details the public hearing; there were no other speakers. existing lots on Burks Hill Road. spaces for visitors. Façade materials were nots specified. confirmed, andi they liked thei idea and its location but were concerned with limited details. The motion to recommend approval was amended to add two conditions: The owner of the property shall come back to the Planning Commission when theyl have ai full site plan in order for the Commission to provide design review and formal approval oft the plan prior to permitting and construction. 2. The new zoning standards, when adopted by Council, shall apply to ther relevant sections oft the conditional use request. The motion passed by a vote of6to0. Att the time of application and through the Commission action, the zoning of the! property was Planned Residential Development (PRD). Multifamily developments could be permitted inl PRD with a conditional use permit. Following ordinance changes that were adopted on March 12, 2024, thel PRD: zoning districti ist nol longer int thez zoning ordinance or on1 the: zoning mapf for properties establishedwithouta aj plan. As a result, the PRD: zoning of the property changed to R-1. When submitted, the request met the standards oft the PRD district and still meets the requirements for the multifamily development: standards, which did not change with the ordinance revisions. Ifapproved, the multifamily development willl be a vested, non-conforming use inl R-1 regulated by the conditional use permit. ACTION REQUESTED: additional conditions. Attachment: Town Council is requested to consider a Resolution to approve a conditional use permit for "multifamily development" located at Burks Hilll Road and Roberts Lane, Tax Parcel 233-A-20T. Council: may amend or remove the recommended conditions or impose Staff Report YES NO OTHER ROUTING DATE: APPROVED () FOREMAN DENIED DEFERREDTO: BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE () () () TOWNATTY. () I.T. () () () COMM. DEV. () POLICE () () () ELECTRIC () () () ENGINEERING ( () () () FINANCE () () () FIREI DEPT. () () () () H.R. () () () () ) PUBLIC SERV. C) OTHER () RESOLUTION PERMITTING "MULTIFAMILY DEVELOPMENT" BY CONDITIONAL USE PERMIT IN THE R-1 ZONING DISTRICT WHEREAS, the Planning Commission of the Town of] Bedford held a public hearing on WHEREAS, the Town Council has held aj public hearing after notice was given ini the Bedford Bulletin once a week for two successive weeks as required by Virginia Code 15.2-2204; March 7, 2024; and and WHEREAS, the Land Development Regulations allow "Multifamily Development" use to be permitted with a conditional use permit in Section 606.02 Planned Residential District (PRD); and WHEREAS, at the time of permit application, the zoning designation of the subject property was PRD but a town-wide zoning change occurred effective March 12, 2024 so that the PRD zoning is now Single-Family Residential (R-1) zoning district on the subject property; and WHEREAS, the Town Council finds as a fact that the proposed use is consistent with the intent of the land development ordinance and the land use plan, and is in the public interest; and NOW,THEREFORE, BE IT RESOLVED BYTHE TOWN COUNCIL OF THE TOWN OF BEDFORD, VIRGINIA that a conditional use permit is granted to John Carter, Richard Carter and Anne Carter Heller, Trustees, for the unimproved property located at Burks Hill Road and Roberts Lane (identified as tax parcel 233-A-20T) to allow a "Multifamily Development" with the following conditions: 1. The owner oft the property shall come back to the Planning Commission when they have ai full site plan in order for the Commission to provide design review and formal 2. The new: zoning standards, when adopted by Council, shall apply to the relevant sections approval oft the plan prior toj permitting and construction. oft the conditional use request. Staff Report - Conditional Use Permit Request Town ofl Bedford Planning Commission - March 7, 2024 Applicant: William Yeager - Peace of Mind Property Services John A. Carter, Richard T. Carter, Anne Carter Heller, Trustees Property Owner (Tax Record): Address of Subject Property: Tax Map Number: Lot Size: Existing Use: Requested Use: Zoning District: Background Unaddressed 233-A-20T 7.375acres Agriculture Multifamily Development -7 Three Buildings Planned Residential Development District- -I PRD The conditional use permit request consists of three, multifamily buildings each with six two-bedroom attached residential units. These units may be held in either condominium ownership or as rental units, tol be determined. Access would be at Roberts Lane from Burks Hill Road. The remaining land is shown The application is not a request for a rezoning as the property is already zoned Planned Residential Development District (PRD). In order for multifamily (including apartments) or townhouse uses tol be permitted in thel PRD: District, a Conditional Usel Permit (CUP)is required per Section 606.02 of the as open at this time. current zoning ordinance. Zoning Ordinance Current Land Use and Zoning The subject property is comprised of one parcel that has frontage on Burks Hill Road and Roberts Lane, and runs behind the residential lots on Burks Hill. Thej proposed development would be accessed from a new entrance constructed at Roberts Lane. The! land is currently used for agriculture with livestock and horses. Part of the parcel is wooded and included in a floodplain designation while the fronti is mostly open. Surrounding Land Uses and Zoning Land uses immediately adjoining the site are: single-family dwellings and offices. Other uses surrounding the proposed development are a mix of residential and commercial uses and include single-family dwellings, two-family dwellings, Susie G. Gibson Science and Technology Center, Maxwell Furniture, ai future business-class hotel site, a church, offices, and a convenience store. Adjoining zoning districts are PRD/TNO (Traditional Neighborhood Overlay and. Applied), B-2/ TNO, B-2, and Manufacturing (M-1)- -2 zoning map attached. Requested Use The applicanti is requesting a "Multifamily, Townhouse and Condominium Development" use as regulated under Section 906 oft the zoning ordinance (attached). A "multifamily developmen!" is "defined as one or more multifamily buildings". This request is for 18 two-bedroom units with six units in each oft three buildings. The applicant is not surei if the buildings willl be sold as condominiums or as multifamily rental buildings. This decision will determine which definitions below apply to the request. There would bej parking spaces at each building. The following ordinance definitions apply to the conditional use request, depending on whether the development will be made into condominium ownership or rental apartments: 302.45. Dwelling, condominium. Ani individually owned unit in a multi-unit structure or complex of structures such as an apartment, duplex, or townhouse. 302.46. Dwelling, multifamily. A building designed for or occupied exclusively by three or more families living independently of each other and including condominiums of similar 302.5. Apartment. A unit in multifamily dwelling/s] providing a dwelling for a single family in 302.6. Apartment development. One or more multifamily dwellings containing apartments, with Land outside of the lots associated with the multifamily units will be held in common ownership subject to aj property owner's association if this willl be a condominium development. The developer will: need to establish the property owner association. If the development is to be owned in total by one owner as an apartment development then an association is not needed and the land will remain un- physical appearance, character, and structure. which separate access to the outside may or may not be provided. accessory parking, open space, recreational and management facilities. subdivided and owned by the entity that owns the apartments. Open Space / Recreation The common areas and other areas around the development will: need to meet the open space requirements for the residents under Sections 606.02.a.3. and 906.05.b.1. Approximately 22% of the 7.375 acres will need tol be dedicated to open space (1% of the gross area for each dwelling unit per acre of2.44 units/acre = 2.44% + 20%). Minimum required yard areas cannot count for open space. The zoning ordinance describes thei intent of zoning districts, and specifically thei intent of the PRD Zoning District Intent - PRD district as follows: 601.06. Intent of Planned Residential District PRD. This district is intended to accommodate development of planned residential communities in a manner that will protect and preserve the natural features oft the land and provide for the greatest amount of usable open space, by permitting clustered patterns of development, allowing for a balanced mix of housing types, The concept plan appears to meet the standards of Section 606 for Planned Residential Development District. All items required in Sections 606 and 906 willl be finalized with a site plan, and preliminary and encouraging efficient and innovative subdivision design concepts. 2 and final plats for condominiums, if the conditional use permit is approved by Town Council after Planning Commission recommendation. Transportation and Access Average daily trip estimates on Burks Hill Road in the area oft the site are 3,800 vehicles (VDOT'2022). The rough estimate of daily traffic. for 181 units would be 14 trips per peak hour (0.8x18). Ai new commercial entrance will be added on Roberts Lane. Sidewalks will be provided on Roberts Lane tol Burks Hill Road at the site per the application. Utilities The site is proposed tol be served by public water and sewer through the Bedford Regional Water Authority. The developer has been in communication with the. Authority for the concept plan. Access to public seweri isl being refined in the development process. Bedford Town Electric will serve the site for electricity. Comprehensive Plan The Comprehensive Plan (2017) makes ai number of references to the need in general for additional market rate housing in town and the on-going build out of other planned developments. Development is directed to areas zoned residentially, including the PRD district and all other residential districts from R-1 through R-3. The site is located in an area of mixed zoning districts and mixed uses, both residential and commercial. Conditional Use Permit Process Ine evaluating the proposed conditional use, the Commission and Council should consider the following concerns as outlined in the Zoning Ordinance: 1. The effect of the proposed use on existing and projected traffic volumes and noise in the 2. The current and future need for the proposed use: in the town and in the area; and 3. The character of the existing neighborhood and the effect of the proposed use on existing neighborhood; property values. These questions are asked of the applicant and answered in the application. Ifapproved, the concept plan will be thel basis for a site plan, and a preliminary subdivision plat and then final plat for a condominium project. The plan and plat must follow the concept plan and Ift the project is approved, final water and sewer plans will be reviewed by the Bedford Regional Water Authority as part of the subdivision plat. Bedford County Division of Natural Resources will review the drainage and land disturbance plan for permitting. Town Electric staff will work with the conditions, if any are placed by the Commission or Council. developer for electric service. 3 Possible Conditions for conditional use permit issuance As noted, all requirements of Section 606 (Planned Residential Development District) and Section 906 (Multifamily, townhouse and condominium development) must be followed. All standards in the Subdivision Ordinance within the Land Development Regulations must be followed as well. Beyond these requirements, staff does not have conditions to recommend at this time. In reviewing ap proposed conditional use, the Commission may recommend and Council may stipulate such additional requirements as are necessary to the publici interest. Planning Commission Action The Commission has 60 days within which to submit a recommendation to Town Council. If the Commission fails to submit a report within a 60-day period, it shall be deemed to have approved the proposed conditional use. As an advisory body on land use matters, the Commission can recommend approval to Council or can recommend denial to Council, and can place any conditions they believe may alleviate a concern or issue caused by the proposed development. Attachments Zoning Map - Current zoning. The subject parcel is highlighted in blue. The floodplain area is shown in beige. Sitel Photographs Application with Concept Plan Aerial Photograph 2022-1 The subject parcel is highlighted in blue. Section 606 of the zoning ordinance - "Planned Residential Development District" Section 906 of the zoning ordinance- - "Multifamily, Townhouse and Condominium Development" use 3 - 83 E B1 - Site Photographs 7 Surrounding Uses nE 10 Fors staffuse Town of Bedford, Virginia Department of Planning & Community Development (540)5 587-6021 . gphnsn@bedadagoy Date 2hpy Received by. 12 $150 Fee pa 2Site planc copies Zoning! District PRD Owner's Authonty Leiter fapplicable 215E. Main Street Bedford, VA: 24523 22024-473 CONDITIONAL USE PERMIT APPLICATION Please print or type. Ifnot applicable, writel N/A. APPLICANT INFORMATION Property Owner Name: John A. Carter, Richard T. Carter, & Anne Carter Heller, Trustees Applicant Name: William G. Yeager, PE, LS- Peace of Mind Property Services, INC Primary Contact: William G. Yeager, PE, LS - Peace of Mind Property Services, INC Address: P.O. Box 12245, Roanoke, VA 24024 Phone: (540) 871-0711 (John) Phone: (540)586-4710 Phone: (540)586-4710 PROPERTY INFORMATION Email: imberbiz01@aol.com & charutcaneregmai.com Address: 119 South Bridge Street, Bedford, VA 24523 Address: 119 South Bridge Street, Bedford, VA 24523 Email: mai@pom-propertyservices.com Email: mallgpom-propertyservices.com Location address: TBD- -Burks Hill Road, Bedford, VA 24523 Business Name (current or future): TBD John A. Carter, Et. Als. Zoning District: PRD-F Planned Residential Current Use of Property: Vacant Tax Mapi Number:. 233-A-20T APPLICATION INFORMATION RPC Number: 80500558 What specific land use are you requesting from the Landi Development Regulations Zoning Ordinance? Please summarize the grounds upon which this request is based (attach additional sheets ifnecessary). Multifamily, Townhomes, & Condominium Development - Sec. 906 Respectful request to pursue a proposed increase inc density for multifamily dwelling units based ont the current PRD: zoning district and requirements of Sec. 906 of the ordinance. Dwelling units are proposed lo be marketed towards entryl level/workforce owners and/or tenants that will support the local need for affordable housing and will support growth of the local economy. Required open space, recreational amenities,and landscaping areas are yett to! be determined. Thesev will bei includedi hnt thef future site plan. September 1,2 2020 Page 1 of4 To evaluate the proposed conditional use, please address the following concerns: 1. List the effect oft the proposed use on existing and projected traffic volumes and the increase of noise int the The proposedu use wild create ar minori increase int trafficy volumes onb both Roberts Lane and Burks HIF Road, bute att thist time they don nota appear lobe detrimentaltol thef functions olthei inlersection andr roadways. As sidewak along! Roberts Lanei is proposed forp pedestrians. Crosswalk andt tie-ink lo thee existing sidewalk along! Burks Hillf Road was Indicated as tob bep provided byt thel Town of Bediord atalaler dale. A minori increase innoise should be anticipaled 2. Will the conditional use affect the current and future need for the proposed use int the town andi int the area? Asp proposed, approval oft the conditional use permit wile enablet thes ablity top provide additional much needed! housing fore entry) levelworkforce residents. This proposaly willb bea al benefit lou thel Townd dfB Bedlord, surrounding area, andd the locale economy. Thef fulure proposedz zoningis planned los stine ber residential innature, end1 this planned developmen! does nols appeart tod deviate ord deler from the goais/intent oft the current orh futurez zoningd districts. 3. How will this conditional use affect the character of the existing neighborhood and existing property values? The character ofthe existingr neighborhood: shouldr noto change andt thep proposed use appears tobef filting! fort theg growih olt the area. Existing property values are anlicipated tor remain relatively unchanged bulr may see as slighti increasei iny value due tot the proposed sitei improvements. neighborhood. butkshall ber residentiali innature andr noto detrimental tot the existingr neighborhood. CERTIFICATION Ihereby certify that this application is complete and accurate to the best oft my knowledge. Iauthorize staff for the Town of Bedford to enter the property for purposes of reviewing this request and for placing as sign as notice ofp public hearings. Ihave provided as site plana and thei required application fee. lunderstand that lami responsible for all advertising fees associated,with; placing required legal notices in newspapers or other media. Applicant Signature: 2 Date: 2-2-24 Print Name: Wiliam G. Yeager PELS- Peace ofMind Property Services, INC. (Engineer) Staff Use Only: Planning Commission meeting date(s). ae6770r4 Recommendation from Planning Commission Town Council public hearing date(s) Action taken by Town Council (Approval/ Denial). Were conditions placed on the Conditional Use? Zoning permit issuance date_ Building permit issuance date_ Business license issuance date ifcommercial E 6 M.S,taZos SS'691 3.004280N 4 4S6.905 3/1/24, 3:47 PM Bedford, VA Code of Ordinances Sec. 606. Planned Residential Development District PRD. Approval of an application for re-zoning to the Planned Residential Development District shall be conditioned upon approval of a plan. The plan shall be submitted together with the application for a zoning amendment in accordance with_section 1003, and shall be reviewed and recorded in accordance with applicable procedures set forth in article XII of this ordinance. 606.01. Permitted uses. The following uses are permitted in Planned Residential Development District PRD. a. All uses permitted in Single Family Residential District R-1 except that the town council in the ordinance approving the PRD conditional use permit may specify that a residential zoning other than R-1 shall apply if the PRD is not constructed. 606.02. Conditional uses. When after review of the application and hearing thereon, in accordance with section 1002.03, the council finds as a fact that a proposed use is consistent with the intent of this ordinance and the land use plan, and isi int the public interest, the a. PRDs subject to the following requirements and subject to review and approval by the 1. Streets shall meet applicable requirements of article XIH; utilities shall meet requirements corresponding to those required for mobile home parks in section 2. Significant natural features shall be identified on the: site plan and shall be retained to the maximum extend feasible int the provision and design of open space areas. 3. A provision shall be made for common open space such that an area equal to 20 percent of the gross area of the site plus one percent oft the gross area oft the site for each dwelling unit per acre of density shall be devoted to common open space, provided that where significant recreational facilities are provided the open space requirements may be reduced at the discretion of the council. Sites reserved for common open space shall be dispersed in such a manner that all dwelling units are readily accessible to common open space areas. The minimum size of such open space areas shall be 10,000 square feet; common open space shall not include areas 4. Density shall not exceed 16 units per acre, or an overall average for the total site of 5. Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from concentrations or vehicular traffic; in developments of over 150 units provision shall be made for adequate supervision ofr recreational facilities. following uses may be permitted: planning commission: 905.06a, b, d1 and 2, and e. required by this ordinance for the minimum yard setbacks. eight units per acre of gross site area. aboutblank 1/6 3/1/24,3:47PM Bedford, VA Code of Ordinances 6. All deeds issued to purchasers of property in planned residential developments shall require creation of al Homes Association, which shall permanently maintain any commonly held open space or other commonly held lands or facilities not dedicated to the town, 7. Distances between buildings shall be as provided in section 906.09. 8. Paved common walks of a width of at least 4%1 feet shall be provided meeting 9. Requirements of article XIII notwithstanding. individual lots shall not be required to abut on public streets, provided that all dwelling units shall be located within 100 feet ofap parking space accessible to a public street by way of a commonly held walk. 10. All other design and procedural requirements oft this ordinance for which alternative provisions are not made herein shall apply to Planned Residential Developments, b. Private clubs, fraternal or sorority orders, or lodges on parcels of five acres or more. requirements of section 906.05(d). subject to the discretion of the council. (Ord. No. 08-24,51,1 10-9-2008; Ord. No. 12-11,51,9-252012) Sec. 906.-Multifamily, townhouse and condominium development. Applicants for use permits for multifamily developments, herein defined as one or more multifamily buildings, shall meet thei following special requirements. These requirements shall apply to any structure of similar use, physical structure and character, regardless of type of ownership. 906.01. Commission action on site plan. Within 60 days after the submission of the site plan to the zoning administrator, the commission shall make ar recommendation. to the zoning administrator on its approval, conditional approval, or disapproval, stating the areas of compliance and/or noncompliance with the provisions oft this ordinance. 906.02. Site plan. A: site plan shall be prepared in accordance with the following site requirements: a. Site plans may be on one or more numbered sheets, and shall be legibly drawn at a scale b. The following information shall be required in addition to the information required of site 1. The date of the site plan, the name of the surveyor or engineer preparing it, and the of one inchi to not more than 100 feet. plans and applications in [section) 1002.03 of this ordinance. number of sheets comprising the site plan. 2. The scale and the north meridian, designated "true" or "magnetic". 3. The name and signature of the owner, and the name of the proposed development; said name shall not closely approximate that of any development or subdivision in the Town of Bedford or in Bedford County. about:blank 2/6 3/1/24, 3:47PM Bedford, VA Codec of Ordinances 4. Avicinity map showing the location and area of the proposed development. 5. The boundary lines, area, and dimensions oft the proposed development, with the The location and dimensions of all existing streets and street rights-of-way, easements, water, sewerage, drainage facilities, and other community facilities and 7. All existing significant natural and historical features on or adjacent to the proposed development, including, but not limited to, significant vegetation, lakes, streams, swamps, lands subject to flooding, and other waterways, views from the property, and views from adjoining properties that might be affected by the proposed development, existing structures, and topographic features shown by contour lines. 8. Proposed layout, including interior streets with dimensions and such typical street cross sections and centerline profiles as may be required in evaluating the street layout; water, sewer, drainage and utility lines, facilities and connections, with dimensions shown; location and type of solid waste collection facilities; interior monuments and lot lines, dimensions, and areas of lots, common open space and recreation areas, common parking areas, and other common areas; management office, laundry facilities, recreation buildings, and other permanent structures; location and nature of firefighting facilities, including hydrants, fire extinguishers, and other firefighting equipment; location of fuel storage facilities and highly flammable structures; and location and dimensions of landscaping amenities, including street lights, sidewalks, planted areas, significant natural features to be retained, and fencing Land for condominiums shall not be: subdivided into separate parcels when the development or building contains three or more units in which case all land must remain in common ownership. Subdivision of land for duplex type condominiums shall be permitted only when the subdivision can comply with the single family dwelling d. The zoning administrator may waive site plan requirements, other than planning commission review, provided the development is along a publicly dedicated and approved street accepted for maintenance by the town and no new streets, water or sewer lines are e. When and if such site plan is approved, an irrevocable letter of credit, certified check, performance bond or other surety ofa a surety company licensed to conduct business in the state will be required in an amount equal to the total construction expense, as estimated by the engineer of the developer and the town's engineering representative, locations of property line monuments shown. utilities on and adjacent to the proposed development. and screening. requirements of the ordinance. involved. aboutblank 3/6 3/1/24,3:47 PM Bedford, VA Code of Ordinances satisfactory to the town attorney and town manager, and approved by the zoning administrator. Said bond shall bet forfeited if construction is not completed within period of one year from the date of the bond, or such other period specified and approved by the zoning administrator. 906.03. Site area and density requirements. Minimum site area for a multifamily development shall be 12,000 square feet and with a density of no more than 12 units per acre. 906.04. Utilities and streets. All multifamily developments shall meet requirements for utilities and streets corresponding to those specified for mobile home parks in sections 905.06a-c,d- 906.05. Amenities. All multifamily developments shall meet the following minimum requirements a. Significant natural features identified on the site plan shall be retained to the maximum extent feasible in the provision and design of open space and recreation areas. b. Open space area, excluding those portions of the multifamily development occupied by multifamily dwellings, accessory buildings, driveways, or parking areas, and including 1. Provision shall be made for common open: space such that one percent of the gross area of the site: shall be devoted to common open space for each dwelling unit per acre of density. Common open space shall noti include areas included in minimum 2. Inn multifamily developments of over 150 units in size, provision shall be made for 3. Tot lots and swimming areas shall be adequately enclosed, and all recreational areas .F Fencing or vegetative screening shall be provided, as outlined insection 705 of this ordinance. Fencing where required shall be maintained in asafe condition and shall be d. Paved common walks of a width of at least 4% feet shall be provided on at least one side of all streets and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may bei incorporated into the street curb. Walk grades shall not exceed ten percent, lights shall be provided sufficient to lluminate steps e. Refuse shall be stored in an area enclosed to a height of atl least five feet with a concrete base and with sufficient screening (either constructed or fully developed vegetative)t to prevent outside view of stored refuse. Refuse shall be stored in water resistant, 1,2,4,5, and e. for open space, recreation, and other amenities: outdoor recreation areas, shall meet the following requirements: yard area requirements. adequate supervision of recreational areas. shall be located away from concentrations of vehicular traffic. kept in good repair. to al level of at least .031 footcandles. aboutblank 4/6 3/1/24,3:47PM properly. Bedford, VA Code of Ordinances rodentproof containers with attached lids. Such containers shall be of sufficient capacity to store all refuse Street trees shall be provided as outlined insection 705 of this ordinance. Bei in accordance with the following requirements: a. Permanent buildings housing management offices, day care centers, laundry facilities, ori indoor recreational facilities or other service facilities may be permitted in 1. : Shall meet parking requirements for such facilities as specified insection702. 2. Shall be subordinate to the residential use and character of the development; 3. Shall be located, designed and intended to serve the service needs of persons 4. Shall present no visible evidence of their nonresidential character to any area 5. Shall meet all applicable federal, state and local requirements pertaining to such 6. Shall not occupy more than ten percent of the area of the development. multifamily developments provided that they: residing in the development; outside the development; uses;and [906.06. Reserved.] 906.07. In addition to the above requirements, townhouse and duplex type condominium or rental developments shall meet the following specific requirements: a. No more than 12 townhouses shall be included in any building, each of which shall be at least 161 feeti in width, all of which shall have an average width of at least 201 feet. Duplex lot width, lot area, lot width at corner lots, and maximum coverage shall meet the requirements of section 801. b. Minimumy yard requirements shall be provided as follows: 1.F Front yard depths on internal private streets shall be at least 151 feet from any street 2. Front, rear and side yard requirements on public streets or other land not part of the proposed development shall be as prescribed insection 803, for the district in which the development is located, except that yard requirements for duplex type condominiums shall not apply to the party wall side yards. or parking area. 3. Any building containing a group of five or more units shall be separated by at least 40 feet from any other dwelling unit building. Any building containing a group of four or less units shall be separated by at least 201 feet from any other building containinga group of four or less dwelling units. aboutblank 5/6 3/1/24,3:47PM Bedford, VAC Code of Ordinances - Height shall be no more than 40 feet measured from the average level of the ground 906.08. In addition to the requirements specified for multifamily dwellings in: sections 906.01 through 906.05, apartment developments shall meet the following speclalreguirements. a. Minimum yard requirements for apartment developments shall bei the same as for single family dwellings in the district in which the development is located, provided that for each additional foot of height over 401 feet, an additional foot of yard depth shall be required. 1. Front yard depths on internal streets shall be at least 151 feet in depth provided that for each foot above 40 feet in height, an additional foot of front yard depth shall be 2. Distances between multifamily dwellings shall be as provided in section 906.09, provided that for each additional foot in height per building over 401 feet, one additional foot of distance between buildings shall be provided. Height of multifamily dwellings shall be no more than 501 feet measured from the average d. Party walls and other fire retardation structures shall be provided in accordance with 906.09. Minimum distance between buildings. The following minimum distances between buildings located on the same lot or parcel shall be required unless otherwise specified within adjacent to the front exterior wall. b. Interior yards shall be provided as follows: provided. level of the ground adjacent to the front exterior wall. specifications of the building official. this ordinance: a. Front to front arrangement--40 feet. b. Front to rear arrangement-50 feet. Rear to rear arrangement-30 feet. d. Side to side arrangement-30 feet. e. All other arrangements-30: feet. aboutblank 6/6 TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Ordinance- Campaign Finance Reporting DATE OF COUNCIL MEETING: March 26, 2024 DATE: March 14,2024 PRESENTATION: The Virginia Campaign Finance Disclosure Act of 2006, Title 24.1, Chapter 9.3, Code of Virginia, 1950, as amended, provides for transparency about campaign finançe in Virginia by requiring the filing of campaign finance reports with the Elections Registrar by candidates, campaign committees, and] political action committees. However, the Acte excludest towns withapopulation! below 25,000unless acandidate: accepts contributions or makes expenditures in excess of$25,000, ort the Town Council so] provides by ordinance. Va. Code $ 24.2-945(A). Further information on campaign reporting is published by the Department of Elections at: htps.www.electionsvranagovcandddhtepaeanforaulation-and-policies. Atthe Councilmeeting onl March 12+h, itwast the consensus ofCouncil members to place this as an item for formal action on the next upcoming agenda. ACTION REQUESTED: Town Council is requested to adopt an Ordinance for Campaign Finance Reporting. YES NO OTHER ROUTING DATE: APPROVED () FOREMAN DENIED DEFERREDTO: BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE () () () TOWN ATTY. C) I.T. C) () () COMM. DEV. () POLICE C) () () ELECTRIC () PUBLIC SERV. () () () () ENGINEERING () OTHER () () () FINANCE () () () FIRE DEPT. () () () () H.R. () () () () () ORDINANCE NO. ORDINANCE ADOPTING NEW SECTION 2-59 OF THE CODE OF THE TOWN OF BEDFORD, VIRGINIA, 2006, AS AMENDED, RELATING TO APPLICATION OF' THE CAMPAIGN FINANCE DISCLOSURE ACT OF 2006' TO TOWN COUNCIL ELECTIONS WHEREAS, the Virginia Campaign Finance Disclosure Acto of2006, Title 24.2, Chapter 9.3, Code of Virginia, 1950, as amended (the "Act") provides that candidates for office in cities and counties, as well as in towns with a population over 25,000, must make certain disclosures regarding their campaign financing; and WHEREAS, the Act permits towns with a population smaller than 25,000 to opt into its provisions by Ordinance, and the Town Council wishes, in the interest of transparency, to do sO. NOW THEREFORE, the Town Council of the Town of Bedford, Virginia, hereby resolves and ordains ai new Section 2-590 oft the Code ofthe Town ofBedford, Virginia, to read and provide as follows: Sec. 2-59. Campaign finance disclosures. The Town hereby applies the provisions oft the Virginia Campaign Finance Disclosure Act of 2006, Title 24.2, Chapter 9.3, Code of Virginia, 1950, as amended, to candidates for Town Council, as permitted by Section 24.2-945ofthe Code. This ordinance is in effect upon adoption.