TOWN OF  BEDFORD LIFE. IBERTY.HAPPINESS. Regular Council Meeting AGENDA  November 12,2024 Administrative  7:00 p.m.  Approval of Minutes Report of Town Manager Appearance before Council Counçil Comments Report of Council Committees Revisions to Agenda  Public Hearings I-PICD-6-1-11-12 2-PICD-10-1-11-12 Consent Agenda (roll call) Old Business New Business 3-P/CD-6-1-11-12 4-PICD-10-1-11-12 5-FIN-2-43-11-12 6-FIN-2-43-11-12 7-FIN-2-43-11-12 8-FIN-2-43-11-12  Changing the Zoning Map! by Rezoning Property at" Tax Mapl Numbers 251-A-1Ta and 251-A-2T from R-I Districtt to R-3 District Conditional Use Permit for al Model Home Office at Tax Map Numbers 251-A-2T: and 251-A-1Ti int the! R-3 Zoning District  Ordinance Changing the Zoning Map by Rezoning Property at" Tax Map Numbers 251-A-ITand: 251-A-2T from R-1 District tol R-3 District (roll call) Resolution Conditional Use Permit for al Model Home Office at" Tax Mapl Numbers 251-A-2T and 251-A-1Ti in the R-3 Zoning District (roll call) Re-appropriation: of Contribution tot the Bedford Regional Water Appropriation for al Transfer to the Economic Development Appropriation for a Transfer to thel Redevelopment and Housing Budget Amendment for an Electric Utility Rate Study (roll call) Note: Work Session begins at 5:30 p.m.  Authority (BRWA) (roll call) Authority (EDA)(roll call) Authority (roll call)  Citizens may watch the meeting in real time via the Town of Bedford Live Stream website: Mtps/wwxyomtbecomm/Qltowmolbedford  The Town will strive t0 provide reasonable accommodations. and. services for persons who require special assistance t0 participate ini this public involvement opportunity. Contact (540). 587-6001 for more information.    PUBLIC HEARING NOTICE TOWN OF BEDFORD  Notice is hereby given oftwo public hearings to be held by Town Council at 7:00 pm, on Tuesday, November 12, 2024, at the Town Municipal Building, Counçil Hall, 215 E. Main Street for the purpose of hearing two: zoning requests located at the end of Crest Ridge Drive on Parcels 251-A-  IT&251-A-2T by Ranbowellen, LLC:  A rezoning from R-1, Single Family Residential to R-3, High Density Residential for Ad conditional use permit for a model home with a sales office & parking in the R-3 Information is on file in the office of Planning and Community Development at 215 East Main Street, 540-587-6021. Anyone whoi isi inf favoroforopposedi tot the requests willl have an opportunity  Governor's Hill Section 3 with up to 184 single family lots.  residential district.  to express his/her views at the hearings. By the Authority ofTown Council  Publish:  October 23, 2024 October 30, 2024    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Ordinance - Changing the Zoning Map by Rezoning Property at Tax Map Numbers 251-A-IT and 251-A-2T  from R-1 District tol R-3 District  DATE OF COUNCIL MEETING: November 12, 2024  DATE: November 6. 2024  RESENTATION:  On September 5, 2024, the Planning Commission held a public hearing to recommend whether undeveloped property located behind the Governor's Hill development should be rezoned from Low Density Residential (R-1) to High-Density Residential (R-3). The use requested with this application is for single-family dwelling units on lots with a minimum square footage of6,000 square feet and 50 feet ofroad frontage. Land would be reserved for future development as R-3. At the public hearing, the applicant described the project as an extension of the existing development and its lot standards, and noted providing a buffer and berm adjoining the existing residential lots if approved. Nine residents in the existing development and beyond spoke in opposition. The primary concerns were the potential for increased traffic, the single entrance through the existing streets, safety oft those who live there, drainage and storm water issues from previous phases, The Commissioners made a motion to table the request in order to get more information on the issues brought up to discuss itfi further at the October 3rd meeting. Most members expressed conçern with the traffic, a single entrance, and concern for the berm as opposed to open space. They asked the developer to meet with thej property owners. The motion to table passed On October 31d, Commissioners heard an update from the applicant who had met with property owners. He provided a new plan section that showed 33 feet being given to adjoining lots and the berm removed. A new plan and new proffers were later provided on October 12, 2024 for that land and the emergency access road. The Chairman used a letter from the Governor's Hill Homeowners Association to check off items that had been addressed since the hearing. A motion to recommend approval of the zoning request for the concept plan dated August 2, 2024 with revised buffer area and proffers  the berm blocking runoff, and the need for aj plan.  6-0.  did not pass on a vote of3-3 with vacancy. ACTION REQUESTED: four proffered conditions. Attachment: Ordinançe  Town Council is requested to consider an Ordinance to rezone Tax Parcels 251-A-1T: and 251-A-2T from R-1 to R-3 with  YES NO OTHER  ROUTING  DATE: APPROVED DENIED DEFERREDTO:  BLACK CARSON FOREMAN ) HAILEY JOHANNESSEN STANLEY UPDIKE  C) () () TOWNATTY. C) I.T. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLIC SERV. () () () () ENGINEERING ( ) OTHER () () () FINANCE () () () FIRE DEPT. () () () () H.R.  )  () ()    Ordinance No. 24-  AN ORDINANCE CHANGING THE ZONING MAP FOR' THE TOWN OF BEDFORD BY REZONING PROPERTY ATTAXI MAP NUMBERS 251-A-1T and 251-A-2T WHEREAS, the Planning Commission oft the Town of Bedford held aj public hearing on WHEREAS, the Town Council held aj 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; and WHEREAS, it is found that the public necessity, convenience, general welfare, and good zoning NOW, THEREFORE, BEI IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN Section 1. The Zoning Map of the Town of Bedford is amended by rezoning from Low  FROM R-1 TO R-3 AND ACCEPTING PROFFERS  September 5, 2024; and  practice are best served by changing the zoning district boundaries;  OF BEDFORD, VIRGINIA THAT:  Density Residential District (R-1)Tax Parcels 251-A-1T and 251-A-2T to  High-Density Residential District (R-3).  Section 2. The following proffered conditions are accepted with this ordinance:  1.All lots will be developed as single-family detached homes with the exception ofLots 1 &2 2. These two lots will be used as a sales office and parking lot during the construction oft the development. Lots 18 &2 2 will be converted to single-family 2. Maximum number of lots shall be 165, until such ai time that a second public road connection is made available to access Burks Hill Road or Dickerson Mill 3. Model home/sales office shall limit hours of operation to be between 8:00 am 4. The Emergency Access Road between 1310 and 1316 Emerald View Court will not bej paved with asphalt or concrete. This access road will instead be covered with GrassPave, which is aj plastic grid product supported by a stone base and covered with grass, or a similar product. This access road will have a chain, gate orb bollards to block the access with the exception for passage ofe emergency  detached homes at the completion ofthe project.  Road.  and 5:00 pm, plus by appointment only after 5:00 pm.  vehicles.  Section 3. This ordinancei is effective upon enactment.    Staff Memorandum- - Zoning Amendment Request Town Council - November 12, 2024 White Engineering and Design RANBOWELLEN/LLC Unaddressed 251-A-1Tand: 251-A-2T 44.25 acres Vacant land  Applicant: Property Owner: Address of Subject Properties: Tax Map Numbers: Lot Size: Existing Use: Requested Use: Existing Zoning District: Requested Zoning District:  Single-Family Detached Residential Subdivision with Reserve area for future development (new since Planning Commission)  R-1-Low' Density Residential R-3-High Density Residential  The applicant is requesting to change the zoning designation of] land from Low Density Residential (R- 1)to High Density Residential (R-3) with a zoning map amendment. The requested use: is fora residential subdivision with 165 single-family detached houses on lots with ai minimum size of 6,000 square feet (0.137 acre) and 501 feet of street frontage as allowable in R-3. The density of the proposed project is 4.28 units per acre for1 165 units on 38.51 acres (reserved acreage removed). All 44.25 acres is requested to be rezoned tol R-3 with aj portion of land reserved. The R-3: section of the ordinanceis The land use 'single-family detached dwelling" was described in the application and heard when the Planning Commission held aj public hearing for the request on September 5th. The applicant proffered to limit the use to 185 single-family detached residential units, with one unit being requested fora model home and office (separate zoning application). The proffers were revised by the applicant on October 11th tol limit the single-family detached units to 165and include a reserved area of 5.74 acres that could be requested for future development. That proffer is tied to a possibility of acquiring a new future access for thel back of the development from Burks Hill or Dickerson Mill roads. The current R-1 zoning district requires ai minimum lot size of 10,000: square feet and 100 feet of frontage on as street for each lot. With thesel limitations, an estimated number of allowable R-1 single- family lots for 44.25 acres would be roughly 1731 lots if the current zoning were developed by right (removing approximately 10% fori infrastructure but not accounting for road frontage). This equates to a density of 3.9 units per acre. With 5.74 acres set aside for future development, the estimated number of units on the main 38.51 acres would be 150 units, or 3.9 units pera acre density. The zoning ordinance The original plan showed a "33-foot widel bufferyard with raised landscaped berm" adjacent to the existing single family detached dwelling lots along Emerald Crest Drive to provide a buffer between developments. This buffer option with tall berm was not amenable to the property owners at the  attached.  does not set ai maximum density for single-family units, only for multifamily units.    September 5th hearing. They later met with the developer at the request oft the Commission. The developer provided a revised plan at the October 3rd Commission meeting for the area adjacent to the existing houses and the attached units on Emerald View Court (plan attached). The revised plan shows an area of 33 feet of land behind each of those lots being transferred to the property owners, and an additional 331 feet ofl land beside 1200 Crest Ridge Drive as al buffer from the stormwater management The zoning ordinance sets a context for each zoning district to guide development. Thei intent oft thel R-1 601.01. Intent of Single-Family Residential District R-1. This provides appropriate. areas for low density single-family residential development and promotes a suitable residential environment with necessary community facilities and services. The district is intended to preserve the predominant character of established neighborhoods with relatively large lots and to afford protection from encroachment by potentially incompatible nonresidential and higher density residential uses. It is also intended for application in areas that are not fully developed, where agricultural activities or open areas remain and where public utilities are not yet provided or may 603.01. Intent of High-Density Residential District R-3. This district provides for a variety of housing types at medium to high density on select sites to create a suitable residential environment fora variety of lifestyles and socio-economic needs. This district is intended tol be applied to areas having convenient access and adequate services and facilities for residents with minimal impact on town  area.  zoning district is:  not be provided in the future. Thei intent of the R-3: zoning district is:  streets and lower density neighborhoods.  Comprehensive Plan: section as follows:  The Comprehensive Plan has provisions for single-family residential neighborhoods in the Land Use  3. Single Family Residential Neighborhoods  The character of thes single family neighborhoods throughout Towni isi identified as an attractive asset. The provisions of thel R-1 zoning district provisions should be assessed to determine their appropriateness inj protecting and preserving that character- = particularly within the framework of the uses which are permitted by right or through the conditional use process. Overall, zoning should direct and align morei intense residential development (both in terms of design and density) toward areas of non- residential development (which would benefit from such an alignment in terms of  customer and employment base).  Land Uses:  The two parcels that comprise the property are. located at a stub-end road of Crest Ridge Drive, which was left for future development by previous phases of the adjoining Governor's Hill planned residential development. Immediately adjoining uses ofl land are single-family detached dwellings on lots that rangei in size from 4,500 square feet to 6,100 square feet, single-family attached dwellings on lots that range from 3,050 square feet to 10,890: square feet, and vacant land. Joseph's Dream, a  2    multifamily development, is geographically nearby although noti immediately adjoining. Two churches and large-lot single family dwellings (one zoned B-2) adjoin the southernmost parcel.  Transportation:  There is one existing entry to the site thati is located at thel back end of an existing planned residential development. Proposed streets in the development would bel built to aj public standard, in the public system, and would tiei in to existing public streets. Those: streets lead to Terra Lane to connect to Industrial Avenue to reach Burks Hill Road/ /1 Route 122, and to Coolbrook Road and Woodhaven to The Virginia Department of Transportation provides estimated traffic counts in the Town. There are no traffic counts on Industrial Avenue. The average daily vehicle traffic estimate on Burks Hill Road near Industrial Avenue is 9,100 vehicles per day (VDOT, 2022). Traffic on Coolbrook to Woodhaven is With the amended plan of fewer numbers of units, the applicant estimated 1,579 total vehicle trips per day for 165 single-family detached dwellings. The applicant estimated the peak number in the moring would be 124 vehicles, and estimated 167 vehicles in the evening peak. This estimate did not describe  reach U.S. Route 460 west.  estimated at 940 and fewer vehicles per day.  what streets would be used. School-Age Population:  Based on the number of 165 units and ai factor of 0.41 or 0.465 students per single-family detached dwelling, the rough estimate of students that may enter the public school system is 681 to' 77 students  (K-12) (from ProBuilder.com; Montgomery County, MD).  Environment:  Timbering of wood on the property is underway. Topography on the site is moderate. Development of thes site will be subject to review and permitting for erosion and sediment control and stormwater management by Bedford County Natural Resources Division. The applicant recognized pasti issues at the Planning Commission meeting and offered a solution to mitigate drainage runoff with additional  stormwater measures. Open Space (Section 1301.03):  For plans with a density of over four units per acre, open space within the site must bei in an amount that is one percent of the gross site area for every unit per acre of density. This density equates to 4.28 units per acre with 165 units on the 38.51-acre site. From this, the open space must be 4.28% percent, which equates to approximately 1.65 acres. A "Community Amenity Area" is shown but the acreage of The open space required in the ordinance must meet the following standard, among others (Section 1301.03.b): "The open space required in large subdivisions shall not be grouped into large areas, but shall be sO located as to provide easy access to alll lots within a subdivision." The one "Community  that areai is not shown.  Amenity Area" is accessible from streets on a central corner lot.  Utilities and Other Site Considerations:  3    A concept plan was discussed at a development review meeting of outside agencies held on July 17, 2024. The site would be served by public water and sewer by the Bedford Regional Water Authority, which noted there is adequate capacity for both utilities. Electricity will be provided by the Town Electric Department, which has capacity. The Land Development Regulations require sidewalks, street trees and street lights as part of the road design. The street section provided with the concept. shows sidewalks and: street lights but not street trees. The costs of thesei improvements are the responsibility Secondary emergency access is shown into thes site from the end of Emerald View Court as "Emergency Access Road" on the plan. Aj proffer was added to specify thel location between 1310 and 1316 Emerald View Court, to describe how that would bei improved with a stabilized grass surface, and tol bel limited  of the developer.  by a chain, gate or bollards. Rezoning Process:  Ift the rezoning request would be granted, the concept plan will bet thel basis for the preliminary and final subdivision plats that willl be reviewed by Town staff and all agencies, which discussed the Proffers made for zoning amendment: Proffered conditions were: submitted on August 8, 2024. These were revised October11,: 2024. Proffer three is more relevant as a condition to a separate land use request for the related model home conditional use permit that is under consideration with this  concept on July 17, 2024.  rezoning request. The proffers are as follows:  1.4 All lots will be developed as single-family detached homes with the exception ofLots 1 &2. These two lots will be used as a sales office and parking lot during the construction ofthe development. Lots 1& 2 will be converted to single-family detached homes at the completion 2. Maximum number ofl lots shall be 165, until such ai time that a second public road connection 3. Model home/sales office shall limit hours ofoperation to be between 8:00 am and 5:00 pm, 4. Thel Emergency Access Road between 1310 and 1316 Emerald View Court will not be paved with asphalt or concrete. This access road will instead be covered with GrassPave, which is a plastic grid product supported by a stone base and covered with grass, or a similar product. This access road will have a chain, gate or bollards to block the access with the exception for  ofthe project.  isr made available to access Burks Hill Road or Dickerson Mill Road.  plus by appointment onlyafter 5:00 pm.  passage ofe emergency vehicles.  The commission and the council shall: not be obligated to accept any or all of the conditions made by the property owner (Section 1004.04). The Town of Bedford's acceptance of proffers pursuant to this authority shall bei in accord with the procedures and standards contained in Code of Virginia, S1 15.2- 2298 (Section 1004.01).. All conditions proffered by the owner shall meet the following standards  (Section 1004.02):  a. The rezoning itself must give rise for the need for the conditions; b. The conditions shall have a reasonable relation to the rezoning;  (As separate request for a conditional use permit has been submitted to allow one of thel homes to bea model and an office for the development. This may affect the proffers prior to the publichearing.)  4    Planning Commission Action:  The commission held aj public hearing on September 5th and tabled action until October 3rd to allow the developer to meet with property owners in the existing development, particularly to address the public concern with the proposed berm and buffer. At the meeting on October 3rd, the motion was made to recommend. approval of the request to Town Council in order to accept the revised buffer shown against existing lots. The motion did not pass on a vote of 3-3 with one vacancy.  Town Council Action:  Town Council shall consider the request and take action on the proposed amendment within 12  months from the date of the public hearing.  Attachments:  1. Zoning Map - two parcels highlighted in blue. 4. High Density Zoning District (R-3) Standards  2. Aerial Photo (2022) 3. Existing Housing Photos  5. Application with Concept Plat dated 10/11/2024 with Typical Roadway Section 6. Representative house renderings - Three footprints with. Architectural variations  7. Voluntary Proffers - signed. Submitted October 12, 2024.  5            Site Photos Emerald Crest Drive  Crest Ridge Drive    Site Photos  Emerald View Court - Attached Dwellings    Town of Bedford, Virginia  Zoning Ordinance - R-32 Zoning District  March 12, 2024  Sec. 603. High Density Residential District R-3.  603.01. Intent of High- Density Residential District R-3. This district provides for avariety of housing types at medium tol high density on selects sitest to create a suitable residential environment for a variety of lifestyles ands socio-economici needs. This districti isi intendedi tol be applied to areas having convenient access and adequate services and facilities for residents with minimal impact on1 town streets and  lower density neighborhoods. 603.02. Permitted uses; by right.  a. Accessory uses, provided the requirements of section 802 are met.  1. Temporaryt family health care structures are subject to certification from ar medical doctor stating thef facility is needed for itsi intended use on an annual basis. Not fee shall be required b. Beda and breakfast lodging, provided that off-street parking be provided equal to one space for eachi lodging room (bedroom). Off-street parking shall not be provided within the fronty yard setback and such use shall bei in keeping witht the character of ther neighborhood. d. Home occupations provided that the requirements of section 807 are met.  for at temporary family health care structure.  Religious Assembly. Libraries. Public parks. h. single-family dwellings. Two-family dwellings.  f. Multifamily, townhouse, and multifamily condominium developments of a density not exceeding 16 units per acre of a gross site area, provided the requirements of section 811 are met.  Yards sales, provided that they occur only during the daylight hours, that they do not continue for moret than two consecutive days andt that they arel limited to three times ay year per dwelling.  Signs advertising thes sale must be in accordance with: section 816.  Utilities, public.  603.03. Conditional uses. When after review oft the application and public hearing thereon, in accordance withs section 1002.03, the council findst thata a proposed usei is consistent witht thei intent oft this ordinance: and thel land use plan, andi is int thep public interest, thei following uses mayl be permitted:  a. Accessory dwelling units. b. Cemeteries.  Childcare centers, andi family day care homes, provided that alll licensing requirements of Code of Virginia, 563.2-1701 are met, and that undue concentrations of these facilities at1 the! blockor  neighborhood level are avoided. d. Government facilities. Group! homes for children. avoided. Homestays.  Homes for adults, provided that thel licensing requirements of Code of Virginia, $6 63.2-1800 are met, andt that undue concentrations of thesei facilities att thel block or neighborhood level are  1    Town of Bedford, Virginia  Zoning Ordinance- - R-3Zoning District  March 12, 2024  h. Mobile home parks, provided as site plani is approved in accordance with ther requirements of  section 810. i. Offices.  Private parks, playgrounds and other outdoor recreation, and open space areas, provided that the proposed use complies with the applicable ordinances and regulations of the town' with  regard to noise and lighting. Schools. Utilities, private.  603.04. Lot ared, width, coverage, and frontage.  a. The minimum lot areai for single-family dwellings shall be: six thousand (6,000): square feet. b. The minimum lot areai for two-family dwellings shall be nine thousand (9,000): square feet. The minimum lot width at the setback! line for single-family dwellings shall bet fifty (50) feetf for lots with frontage on one public streeta and seventy-five (75) feet for corner lots fronting on two or more public streets. Int the measurement ofl lot width, thei front shall be deemed tol be the d. The minimum lot width at the: setbackl linet fort two-family dwellings shall be sixty- five (65)f feetf for lots with frontage on one public streeta and ninety (90) feeti for corner lots fronting on two or more public streets. Int the measurement of lot width, thei front shall be deemedt tol bet the The maximum percentage of any! lot that may be covered! byt thet footprint ofab building shall be Lot area and lot width for multifamily, townhouse or condominium developments shall meet the  shorter oft thet two sides of a corner lot facing streets.  shorter oft the two sides of ac corner lot facing streets.  forty (40) percent.  The minimum lot frontage on a public street shall be 501 feet.  requirements: specifiedi ins section 811.  603.05. Maximum height restrictions.  a. The maximum height of any building shall be forty (40) feet.  b. Public and: semi-public uses including uses similar in character to public places of worship, libraries, museums, schools, and courthouses may be erected to a maximum height of 50f feet, provided that for eachi foot of height over 40f feet in height, one additional foot of ally yards setback Chimneys, water, fire, radio and television towers, church spires, domes. or cupolas, cooling towers, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, and: similar structures and their necessary mechanical appurtenances may only be erected above the height limits herein established with thes specific written approval of thez zoning administrator. For structures exceeding 200f feeti in height, prior written approval from the Federal Aviation 603.06. Minimum yards setback requirements. Thei following minimum yard setback requirements from the loto or property line shail apply, unless a more restrictive: setback is required for the dedication of an  distances shall be required.  Administration is also necessary.  easement:  a. The minimum front, side and rear yard setbacks shall be as follows:  Front: 25feet. Sides: 6feet. Rear:: 25 feet.  2    Town of Bedford, Virginia  Zoning Ordinance - R-32 Zoning District  March 12, 2024  b. Average setbacks exception: When the average of thei fronty yards setback for existing primary structures ont thes same side of thes street within 300f feeti is less than 251 feet, the average shall be recognized: ast ther minimum fronty yard setback. In determining the average setback, a vacant lot Rear ands side yards setbacks abutting public street rights-of-way shall be equal tot the required d. Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach intot thef front yards setback area nor more than six feet; and the aforementioned: as well as attached, garages ando carports, into the rear yard setback area nor more than 14 feet. e. Uncovered parking lots and spaces, sidewalks, and walkways, etc., shall have no minimum yard f. Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and  shall be considered tol havea a 25-foot front yards setback.  fronty yards setback for the district.  setback.  apartments. shall not apply to common walls.  3    For staff use: Dater received: $150 Fee: Zoningl District:  Town of Bedford, Virginia Department of Planning & Community Development (540)587-6021 . ohnson@bedioruvagov  Received by: 2 Site Planc copies:  215E. Main Street SIRLIBI Bedford,' VA: 24523  Owner's Authorityl Letter ifapplicable:  ZONING AMENDMENT OR CONDITIONAL ZONING APPLICATION  Please print or type. Ifnota applicable, write N/A. APPLICANT INFORMATION Property Owner Name: RANBOWELLENLLC Address: 104 ARCHWAY CT, FOREST, VA 24502 Applicant Name: WHITE ENGINEERING & DESIGN Address: P.O. .BOX1334, FOREST, VA 24551 Primary Contact: JAMEYL L. WHITE, P.E. Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 PROPERTY INFORMATION Existing Zoning District: R-1 Current Use ofl Property:. VACANT  Phone: 434-546-1107  Email: eff@bdpcpa.com  Phone: 434-660-3007  Email: whle@whteeandc.com  Email: whle@wnleeanod.com  Subject Property. Address /Location: END OF CREST RIDGE DRIVE (NO ADDRESS)  Requested Zoning District: R-3  Tax Map Number(s) & RPC Number(s): 251A21,251A1T / 80501903, 80502556 Business or Subdivision Name (current or future): Governor's Hill Section 3  APPLICATION INFORMATION Single-family Detached  Whats specific land use are you requesting from the Land Development Regulations Zoning Ordinance? Please summarize the grounds upon which this request is based (attach additional sheets ifnecessary). The current zoning for these properties is R-1 this is not consistent with ther neighboring sapienhastasEs similar to R-3: zoning. Our request is tor maintain the current established lot sizes that are in the adjoining neighborhood. Ist the applicant proffering any conditions? Yes X No Ifyes, do the proffers meet thes standards of Section 1004.02 oft the Zoning Ordinance? Attach any conditions, which must be provided prior to public hearings by the  planning commission or Town Council.  June 18, 2024  Page 1 of4    Toe evaluate the proposed rezoning request, please address the following concerns: and the increase ofr noise in the neighborhood. Has a traffic study been conducted? TRAFFIC: 1,761 VPD, 138 AM PEAK, 186 PMI PEAK NOISE: RESIDENTIAL USE WILL GENERATE MINIMAL NOISE  1. Describe the effect the proposed zoning change and use willl have on existing and projected traffic volumes  2, Will the rezoning and associated use affect the current and future need for the proposed use in the town andi in THERE IS CURRENTLY AI NEED FOR MULTI-FAMILY DEVELOPMENTS IN THE TOWN.  the area?  CURRENT SIMILARSALE ARE EXCEEDING AVAILABILITY.  3. How will this rezoning and associated use affect the character of the existing neighborhood and existing THISPROPOSED DEVELOPMENT WILL CONNECTTO A SIMILAR TYPE OF DEVELOPMENT AND  property values?  WILL MAINTIAN THE EXISTING CHARACTER.  CERTIFICATION  Ihereby certify that this application is complete and accurate to the best of my knowledge. Ihave read the attached Section 1003 and Section 1004 (ifa applicable). Iauthorize staff for the Town ofl Bedford to enter the property for purposes ofreviewing this request and for placing a sign as notice of public hearings. II have provided asite plan and ther required application fee. Iunderstand that Iam responsible for all advertising fees associated with placing required legal notices in newspapers or other media for public hearings, including rescheduled  hearings. Applicant Signature: Print Name: JAMEYL. WHITE, P.E.  Date: 8-5-24  Staffu Use:  Planning Commission public hearing and meeting date(s). Recommendation from Planning Commission Town Council public hearing and meeting date(s), Action taken by Town Council (Approval Denial) Were proffers accepted with the Conditional Zoning?  Zoning permit issuance date Building permit issuance date_ Business license issuance date if commercial  June 18, 2024  Page 2 of4    INOAVIES NVId Id3ONOO VINIDHA 080:038 JONMOI 1N3W4013A30/ ATWVI-TONIS 8 uopoas IH S,10UI3A0D    RFOUNO  0  0 0  101  Lo  DATaa 39ar8 sg8o  REBARFOUNO            W  GINEERING  October 11, 2024  Mary A. Zirkle, AICP, CZA, BREC Director of Planning & Community Development Town of Bedford 215 East Main Street Bedford, VA 24523  Re: Governor's Hill Section 3 Proffers  Rezoning Proffered Conditions - Governor's Hill Section 3  1. All lots will be developed as single-family detached homes with the exception of Lots 1 &2. These two lots will be used as a sales office and parking lot during the construction oft the development. Lots 1 &2 willl be converted to single-family 2. Maximum number oflots shall be 165, until such a1 time that a second public road connection is made available to access Burks Hill Road or Dickerson Mill Road. 3. Model home/sales office shall limit hours of operation to be between 8:00 am and 4. The Emergency Access Road between 1310 and 13161 Emerald View Court will not be paved with asphalt or concrete. This access road will instead be covered with GrassPave, which is aj plastic grid product supported by a stone base and covered with grass, or a similar product. This access road willl have a chain, gate or bollards tol block the access with the exception forj passageofemergency  detached homes at the completion oft thej project.  5:00 pm, plus by appointment only after 5:00 pm.  vehicles.  Sincerely,  White Engineering & Design, Inc. o Jamey L. White, P.E. President  P.O. Box 1334; Forest, VA24551 Phone: 434-660-3007    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Resolution Conditional Use Permit for a Model Home Office at' Tax Map Numbers 251-A-2Ta and 251-A-1Tin  the R-3 Zoning District  DATE OF COUNCIL MEETING: November 12, 2024  DATE: November 6, 2024  PRESENTATION:  On September 5, 2024, the Planning Commission held a public hearing to recommend whether undeveloped property located behind the Governor's Hill development should be rezoned from Low Density Residential (R-1) to High-Density Residential (R-3). As part of that rezoning request, a separate conditional use permit application was heard for a model home with office and off-street parking on the first twol lots ofthe proposed new: subdivision. The applicant said the model home and lot for parking would be converted to two homes that would be sold as part oft the subdivision when they were The Commission hearing for the request was held after a hearing for the related rezoning request. One citizen spoke that there was no homeowner's association in place and that the builder was the same. The Commission voted to table action until the next meeting with the rezoning action that was also tabled. On October 3rd, the Commission voted to not Ar related rezoning request must first occur to change the zoning of the parcel from R-1 to R-3 to allow an office to be requested by conditional use permit. If Council does not grant the rezoning request for R-3 then the offiçe use cannot be approved. The model home is described as being on Tax Parcel 251-A-2T but both parcels were advertised for hearing. Model home/sales office shall limit hours ofoperation to be between 8:00 am and 5:00 pm, plus by appointment only  not needed.  recommend approval of the conditional use permit by a vote of4-2.  One condition was offered by the applicant:  after 5:00 pm. ACTION REQUESTED: from R-1 to R-3 with one condition.  Town Council is requested to consider a Resolution for a conditional use permit at Tax Parcels 251-A-2T and 251-A-1T  Attachment: Resolution  YES NO OTHER () () () TOWNATTY. () LT. () () () COMM. DEV. () POLICE () () () ELECTRIC () () () ENGINEERING ( ) OTHER () () () FINANCE () () () FIREI DEPT. () () () () H.R.  ROUTING  DATE: DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () ()  APPROVED () FOREMAN  () PUBLIC SERV. ()  () ()    RESOLUTION PERMITTING "OFFICE" BY  CONDITIONAL USE PERMIT IN THE R-3ZONING DISTRICT  WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on WHEREAS, the' Town Council has held aj public hearing afternotice was given in the Bedford Bulletin once a week for two successive weeks as required by Virginia Code 15.2-2204; and WHEREAS, Section 603.03.i. of the Land Development Regulations allows "Offices" use to be permitted with a conditional use permit in the High Density Residential (R-3): zoning district;  September. 5, 2024; and  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 BY THE TOWN COUNCIL OF THE TOWN OF BEDFORD, VIRGINIA that a conditional use permit is granted to RANBOWELLEN, LLC for the property located at Crest Ridge Drive (identified as tax parcels 251-A-2T and 251-A-IT) toa allow an office within a model home for the proposed subdivision with the following condition: Model home/sales office shall limit hours of operation to be between 8:00 am and 5:00 pm, plus by  appointment only after 5:00 pm.    Staff Memorandum - Conditional Use Permit Request Town Council - November 12, 2024 White Engineering and Design RANBOWELLEN/LLC Unaddressed 251-A-2T (251-A-1T) 44.25 acres Vacant land Office in R-3 R-1 R-3 (separate action)  Applicant: Property Owner: Address of Subject Property: Tax Map Number: Lot Size: Existing Use: Requested Use: Existing Zoning District: Requested Zoning District:  As part ofa a rezoning request for a single-family detached residential development, the applicant is requesting to provide an office in al future model home to serve sales at the proposed development. Thel building and related off-street parking would bel located on the first twol lots beyond the entrance to the development on a new publics street. Office uses may bej permitted by conditional use permit in thel R-3 zoning district. This permit would be dependent on approval of a related zoning change from R-1, ifa approved. The model home would become a single-family houses sold as part of the development when the officeis nol longer needed. Thel lot besidei it would also become a single-family dwelling unit.  The Intent of R-3Zoning District is as follows:  603.01. Intent of High-Density Residential District R-3. This district provides fora a variety of housing types at medium to high density on: select sites to create a suitable residential environment for a variety of lifestyles and socio-economic: needs. This districti is intended to be applied to areas having convenient access and adequate services and facilities for residents with minimal impact on town streets and lower density  neighborhoods.  The process for establishing an office use by conditional use permit in the R-3 zoning districtis 603.03. Conditional uses. When, after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds that aj proposed use is consistent with thei intent of this ordinance and thel land use plan, and is in the public  described in the ordinance as follows:  interest, the following uses may be permitted:  i.Offices  There arei no additional standards required for the use. Off-street parkingi is required in the ordinance in the amount of one (1) space per 500 square feet of commercial use.  1    Land Uses:  The office is requested tol be placed on the first of two large parcels that comprise the proposed development located at a stub-end road of Crest Ridgel Drive, which was left for future development by previous phases of the adjoining Governor's Hill planned residential development. The concept planshows a stormwater management area inl between an existing Immediately adjoining uses of land are single-family detached dwellings on lots that rangei in size from 4,500 square feet to 6,100 square feet, single-family attached dwellings on lots that Transportation: Estimated vehicle trip generations for the specific use are not known. Parking will be accommodated at the model house and adjacent lot. Traffic will bei incidental to that generated by the proposed housing development the same as al house for sale. Environment: Development of the two model home office parcels will be accounted forina larger plan of development for the residential units. Development of the site willl be subject to review and permitting for erosion and sediment control and storm water management by Utilities and Other Site Considerations: The site would be served by public water and sewer by the Bedford Regional Water. Authority. Electricity willl be provided by the Town Electric  single-family detached house and the proposed model house.  range from 3,050 square feet to 10,890 square feet, and vacant land.  Bedford County Natural Resources Division.  Department. Conditions:  The developer has offered the following condition as part of the request: Model home/sales office shall limit hours of operation to bel between 8:00 am and  5:00 pm, plus by appointment only after 5:00 pm.  Planning Commission Action:  The Commission held aj public hearing for the request on September 5, 2024 after al hearing for the related rezoning request to R-3. One citizen spoke that there was: no homeowner's association inj place and that thel builder was the: same. The Commission voted to table action until the next meeting when the rezoning action was also tabled. On October 3rd, the Commission voted to not recommend approval of the conditional use permit by a vote of 4-2. A related rezoning request must first occur to change the zoning of the parcel from R-1 to R-3to allow an office by conditional use permit. If Council does not grant the rezoning request then  the office use cannot be approved. Conditional Use Permit Review by Council:  100.3fInevaluating the proposed conditional use, the council shall address the following 1. Whether thej proposed conditional usei is consistent with the comprehensive plan. 2. Whether the proposed conditional use will adequately provide for safety from fire  concerns:  hazards and have effective measures of fire control.  2    3. The level and impact of any noise emanating from thes site, including that generated by 4. The glare or light that may be generated by the proposed use in relation to uses in the 5. The proposed location, lighting and type of signs in relation to the proposed use, uses The compatibility of the proposed use with other existing or proposed uses int the 7. The location and area footprint with dimensions (all drawn to scale), nature and height ofe existing or proposed buildings, structures, walls, and fences on the site and in the 8. The nature and extent of existing or proposed landscaping screening and buffering on 9. The timing and phasing of the proposed development and the duration of the proposed 10. Whether the proposed conditional use will result in thej preservation or destruction, loss or damage of any topographic or physical, natural, scenic, archaeological or 11. Whether the proposed conditional use at the specified location will contribute to or 12. The traffic expected to be generated by the proposed use, the adequacy of access roads and the vehicular and pedestrian circulation elements (on and off-site) of the proposed use, alli in relation to the public's interest inj pedestrian and vehicular safety, efficient 13. Whether, in the case of existing structures proposed to be converted to uses requiring a conditional use permit, the structures meet all code requirements of the Town of 14. Whether the proposed conditional use will bes served adequately by essential public 15. The effect of thej proposed conditional use on groundwater supply. 16. The effect of the proposed conditional use on the structural capacity of the soils. 17. Whether the proposed use will facilitate orderly and: safe road development and 18. The effect of the proposed conditional use on environmentally sensitive. land or natural features, wildlife habitat and vegetation, water quality and air quality. 19. Whether the proposed conditional use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the 20. Whether the proposed conditional use considers the needs of agriculture, industry, and 21. The effect of the proposed conditional use: in enhancing affordable shelter opportunities  thej proposed use, in relation to the uses ini thei immediate area.  immediate area.  int the area, and the sign requirements of this chapter. neighborhood, and adjacent parcels.  neighborhood.  the site and in the neighborhood.  use.  historic feature of significant importance. promote the welfare or convenience of the public.  traffic movement and access in case of fire or catastrophe.  Bedford. facilities and services.  transportation.  comprehensive plan. businessesi in future growth. for residents oft the town.  22. Thel location, character, and size of any outdoor storage.  3    23. The proposed use of opens space.  24. Thel location of any major floodplain and steep slopes. 26. Thel location and type of any fuel and fuel storage. 28. The area of each use, ifappropriate. 29. Thej proposed days/hours of operation. 32. Thei number ofe employees.  25. Thel location and use of any existing non-conforming uses and structures. 27. The location and use of any anticipated accessory uses and: structures. 30. Thel location and screening of parking and loading spaces and/orareas. 31. Thel location and nature of any proposed security features and provisions. 33. Thel location of any existing and/or proposed adequate on and off-site infrastructure. 34. Any anticipated odors which: may be generated by the uses on site. 35. Whether thej proposed conditional use: includes sufficient measures to mitigate the impact of construction traffic on existing neighborhoods and school areas. 36. Refuse and service areas, with particular reference to thei items in (1) and (2). 37. Utilities, with reference tol location, availability and compatibility. 38. Any other matter reasonably related to the public health, safety, and general welfare  Attachments:  1. Zoning Map - the parcels are. highlighted in blue. 2. Aerial Photograph - thej parcels are. highlighted in blue. 3. Application with Concept Plan - two lots highlighted.  Entry to Proposed Development. The model home office would be fartherin on the right, past a  proposed stormwater management area.    *        For: staff use Dater received: $I50F Fee: Zoning District Owner's Authority Letteri ifapplicable:  Town of Bedford, Virginia Department of Planning & Community Development  Received by: 2Sitep plan copies:  215E. Main Street Bedford, VA24523 VIRGINI (540)5 587-6021 .d ohnson@bedforvagow  CONDITIONAL USE PERMIT APPLICATION  Please print or type. If not applicable, write N/A. APPLICANT! INFORMATION Property Owner Name: RANBOWELLEN LLC Address: 104 ARCHWAY CT, FOREST, VA 24502 Applicant Name: WHITE ENGINEERING & DESIGN Address: P.O.BOX 1334, FOREST, VA24551 Primary Contact: JAMEY L. WHITE, P.E. Address: P.O. BOX 1334, FOREST, VA 24551  Phone: 434-546-1107  Email: eri@bdpcpa.com  Phone: 434-660-3007  Email: WHITE@WHITEEANDD.COM  Phone: 434-660-3007 PROPERTY INFORMATION  Email: whle@whteeanda.com  Location address: END OF CREST RIDGE DRIVE (NO ADDRESS) Business Name (current or future): RANBOWELLEN LLC  Zoning District: R-1 Current Use ofl Property: VACANT Tax Map Number: 251A21,251A1T APPLICATION INFORMATION Temporary office & parking  RPC Number: 80501903, 80502556  What specific land use are your requesting from the Land Development Regulations Zoning Ordinance? Please. summarize the grounds upon which this request is based (attach additional sheets if necessary). The developer intends to use the first 21 lotsi int the development as an model homey with and office fors sales.  March 12, 2024  Page 1of5    Toevaluate the proposed conditional use, please address the following concerns: 1. Howi is ther requested conditional use consistent with the comprehensive plan?  THIS LOCATION IS DESIGNATED. AS RESIDENTIAL. AND OURI PROPOSED USE WILL BE TEMPORARY FOR1 THE SALES OF RESIDENTIAL SINGLE-FAMILYI HOMES. THIS USE WILL BE CONVERTED TO RESIDENTIAL NEAR THE 2. How will thej proposed conditional use affect the current and future traffic in the vicinity? THIS USE WILL GENERATE MINIMAL TRAFFIC TO EXISTING ROADWAYS, SIMILAR TO AI RESIDENTIAL USE.  COMPLETION OF THE PROJECT.  3. How will thej proposed conditional use at the specified location contribute to or promote the welfare or THIS PROPOSED DEVELOPMENT WILL CONNECT TOAS SIMILAR TYPE OF DEVELOPMENT. ANDI WILL MAINTIAN THE EXISTING CHARACTER. THE CUP REQUEST 1S TEMPORARY FOR AI MODEL HOME AND OFFICE AND THESE TWOLOTS WILL BE CONVERTED TO SINGLE- FAMILY DETACHED HOMES NEAR THE COMPLETION OF THE PROJECT  convenience oft the public?  CERTIFICATION  Ihereby certify that this application is complete and accurate to the best of my knowledge. Iauthorize staff for the Town of Bedfordi to enter thej property for purposes of reviewing this request and for placing a sign as notice of public hearings. I have provided as site plan and ther required application fee. I understand that Iami responsible for all advertising fees associated with placing required legal notices in newspapers or other media.  Applicant Signature: Print Name: JAMEYL.WHITE, P.E.  Date: 8-5-24  Staff Use Only:  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 issuance date_ Building permit issuance date Business license issuance date if commercial  2    InOAV1C8-NVId. Id3ONOO VNIDHIA 0Hoa38 ONWOI IN3NdOTRA30. ATIWVTIONIS guonoas IH S,JOUIBAOD    TOWN OF BEDFORD, VIRGINIA TOWNCOUNCIL ACTION FORM  ITEM: Re-appropriation of Contribution to the Bedford Regional Water Authority (BRWA)  DATE OF COUNCIL, MEETING: November 12,2024  DATE: November' 7,2024  PRESENTATION:  Ata called meeting on November 7, 2022, Council adopted a resolution of support to the Bedford Regional Water Authority for a contribution of $220,000 towards a capital project which would benefit the citizens ofthe" Town of Bedford. Onl December 13,2022, the Adopted Budget was amendedi to appropriate $220,000 from prior year reservest to an expenditure linei item fort thel Bedford Regional Water Authority. Thej projecti is anticipated tol be completed inl Fiscal Year(FY)2025, requiringarollover! budgeta appropriation of$220,0001 tot the same chart of accounts line items. This amount was includedi in the committed fund balance oft the General Fundi int thel FY: 2024 Audited  Financial Statements, and does not have a financial impact unassigned fund balance.  ACTION REQUESTED:  Town Council is requested to approve thel below budget amendment which will appropriate budget to the general ledger accounts  listed. Budget Entry: Revenue Increase 100091-441499 Expenditure Increase 10088170-556554  PY Fund Balance Bedford Reg Water Authority  $220,000 $220,000  YES NO OTHER  ROUTING  DATE: APPROVED () FOREMAN DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () () () TOWNATTY. () I.T. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLIC SERV. () () () () ENGINEERING ( ) OTHER () () () FINANCE () () () FIRE DEPT. () () () () H.R.  () () )  () ()    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Appropriation fora Transfer to the Economic Development Authority (EDA)  DATE OF COUNCIL MEETING: November 12,2024  DATE: November 7,2024  PRESENTATION:  The Fiscal Year (FY)2025 Adopted Budget included a transfer to thel EDA in the amount of$180,000. This transfer was comprised of $160,000t towards the 0.5%p prepared food and! beverages" "meals" tax collected fore economic development purposes and $20,0001 towardsa community agency grant program. Based on the FY 2024 audited revenue for meals tax, a transfer was completed to the EDA for $167,716.64. In order toy provide adequate funding fort the community agency grant program, thel budget needs tol bei revised toi include an  additional $7,717 for the meals tax transfer. ACTION REQUESTED:  Town Council is requested to approve the below budget amendment which will appropriate budget to the general ledger accounts  listed. Budget Entry: Revenue Increase 100091-441499 Expenditure Increase 10099600-592022  PY Fund Balance Transfer to EDA  $7,717 $7,717  YES NO OTHER  ROUTING  DATE: APPROVED () FOREMAN DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () () () TOWNATTY. () I.T. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLIC SERV. () () () C) ENGINEERING ( () () () FINANCE () () () FIREI DEPT. () () () () H.R.  () () )  OTHER  () ()    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Appropriation for a' Transfer to the Redevelopment and Housing Authority  DATE OF COUNCIL MEETING: November 12,2024  DATE: November7.2024  PRESENTATION:  Upon closure of the Main Street Organization, the Town of Bedford had remaining funds of$29,156.68 accounted for ini the Revolving Loan Fund (Fund 60). The Community Development Block Grant (CDBG) for Hilltop Phasel I1 required a local match of$42,000, which was tol bep provided throughac combination offunds from the Housing Authority: andt the Community Development! linei item for demolition. The demolition linei item was reducedi int thel Fiscal Year(FY)2024: and 2025 budget, which required the Town toi find ther remainingl local match funds from ad different budget soure-.S.arcommends the transfer oft ther remaining $29,156.68 Main Street Organization funds to  the Housing Authority, which will complete the local match requirements for the CDBG Phase Igrant.  ACTION REQUESTED:  Town Council is requested to approve the below budget amendment which will appropriate! budget to the general ledger accounts  listed. Budget Entry: Revenue Increase 600011-441499 Expenditure Increase 60099600-592023  PY Fund Balance Transfer to VHDA  $29,157 $29,157  YES NO OTHER  ROUTING  DATE: DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () () () TOWN. ATTY. () LT. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLICS SERV. () () () () ENGINEERING ( - ) OTHER () () () FINANCE () () () FIREI DEPT. () () () () H.R.  () ()  APPROVED () FOREMAN  () ()    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Budget Amendment for an Electric Utility Rate Study DATE OF COUNCIL MEETING: November 12, 2024  DATE: November 7, 2024  PRESENTATION:  On September 24, 2024, Town Council granted approval for the Town Manager to enter into contract negotiations with Raftelis as the successful proposer oft the Request for Proposals (RFP). The services provided willi include an analysis on revenue requirements ofthe utilitya andi rate design. Ther rates study project timeline is approximately 4-61 months for completion. A contract was successfully completed with Raftelis, effective on October 7,2024. A budget amendment is required to move funding from the contingency line item to the  consultant study itemi in the Electric Capital Project Fund.  ACTION REQUESTED:  Town Council is requested to approve the below budget amendment which will appropriate budget to the general ledger accounts  listed. Budget Entry: Expenditure Decrease 59989600-590001 Expenditure Increase 59981910-531314  Contingency Consultant Study  $50,254 $50,254  YES NO OTHER  ROUTING  DATE: DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () () () TOWNATTY. () I.T. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLIC: SERV. () () () () ENGINEERING ( . ) OTHER () () () FINANCE () () () FIREI DEPT. () () () () H.R.  () () )  APPROVED () FOREMAN  ) ()