TOWN OF BEDFORD LIFE. LIBERTY. HAPPINESS. Regular Council Meeting AGENDA April 8, 2025 7:00 p.m. Administrative Approval of Minutes Report ofTown Manager Appearance before Council Council Comments Report of Council Committees Revisions to Agenda Public Hearings -FIN-2-44-4-8 Proposed Tax Rates 2-P/CD-6-1-4-8 Changing the Zoning Map by Rezoning Property at Tax Map Numbers 251-A-1T and 251-A-2T from R-1 District to R-3 Zoning District 3-P/CD-10-1-4-8 Conditional Use Permit for a Model Home Office at Tax Map Number 251-A-IT in the R-3 Zoning District 4-P/CD-10-1-4-8 Conditional Use Permit for Townhouses at Tax Map Number 146B-1-1T in the B-2 Zoning District 5-P/CD-10-1-4-8 Conditional Use Permit for "Homestay" at Tax Map Number 153-A-10T in the R-1 District 6-P/CD-10-1-4-8 Conditional Use Permit for "Homestay" at Tax Map Number 153-A-3T in the R-1 District Consent Agenda (roll call) Old Business New Business 7-FIN-2-44-4-8 Ordinance Real Estate Tax for Fiscal Year 2025-2026 (roll call) 8-FIN-2-44-4-8 Ordinance Personal Property Tax for Calendar Year 2025 (roll call) 9-FIN-2-44-4-8 Resolution Setting Percentage Tax Relief to Exhaust PPTRA Relief Funds 2025 (roll call) 10-FIN-2-43-4-8 Budget Amendment for Electric Capital Expenditures (roll call) 1I-P/CD-6-1-4-8 Ordinance Changing the Zoning Map by Rezoning Property at Tax Map Numbers 251-A-1T and 251-A-2T from R-1 District to R-3 Zoning District (roll call) 12-P/CD-10-1-4-8 Resolution Conditional Use Permit for a Model Home Office at Tax Map Number 251-A-IT in the R-3 Zoning District (roll call) 13-P/CD-10-1-4-8 Resolution Conditional Use Permit for Townhouses at Tax Map Number 146B-1-IT in the B-2 Zoning District (roll call) 14-P/CD-10-1-4-8 Resolution Conditional Use Permit for Homestay" at Tax Map Number 153-A-10T in the R-1 District (roll call) 15-P/CD-10-1-4-8 Resolution Conditional Use Permit for "Homestay" at Tax Map Number 153- A-3T in the R-1 District (roll call) Budget Work Session at 5:30 p.m. Adjourn meeting until 5:30 p.m. on April 22, 2025, for a Work Session Citizens may watch the meeting in real time via the Town of Bedford Live Stream website: htps/wwwyoutbesoom/@towmolbedford The Town will strive to provide reasonable accommodations and services for persons who require special assistance to participate in this public involvement opportunity. Contact (540) 587-6001 for more information. TOWN OF BEDFORD NOTICE OF PUBLIC HEARING SETTING TAX RATES ON REAL PROPERTY AND CERTAIN PERSONAL PROPERTY FOR TAX YEAR 2025 Please be advised that a public hearing on the tax rates will be held on Tuesday, April 8, 2025, at 7:00 p.m. in the Council Chambers of the Town of Bedford Municipal Building, located at 215 E. Main Street, Bedford, Virginia, to-wit: to set a real property tax rate of not more than $0.28 per $100 assessed valuation for tax year 2025. To set a personal property tax rate of not more than $1.06 per $100 assessed valuation in the Town of Bedford for tax year 2025. To set a machinery and tools tax rate of not more than $0.000001 per $100 assessed valuation in the Town of Bedford for tax year 2025. The rates proposed for tax year 2025 are the same rates as tax year 2024. By Order of the Clerk of the Town Council Publish: March 26, 2025 PUBLIC HEARING NOTICE TOWN OF BEDFORD Notice is hereby given of three public hearings to be held by the Town Council at 7:00pm on Tuesday, April 8, 2025, at the Town Municipal Building, Council Hall, 215 E. Main Street for the purpose of hearing three requests for residential developments: Parcels 251-A-1T & 251-A-2T - Located at the end ofCrest Ridge Drive, owned by Ranbowellen, LLC: A zoning amendment with proffers from Low Density Residential (R-1) to High Density Residential (R-3) for single-family detached & townhouse development uses on smaller lots. Parcels 251-A-1T & 251-A-2T: A conditional use permit for a sales office for a model home with parking in the R-3 zoning district. Parcel 146B-1-1T- - Located off Burks Hill Road, owned by Kevin Venhorst: A conditional use permit for a townhouse development in the B-2 zoning district. Information is on file in the office of Planning and Community Development at 215 East Main Street, 540-587-6021. Anyone who is in favorof or opposed to the requests will have an opportunity to express his/her views at the hearings. By the Authority ofTown Council Publish: March 19, 2025 March 26, 2025 PUBLIC HEARING NOTICE TOWN OF BEDFORD Notice is given oftwo public hearings to be held by the Town Council at 7:00pm on Tuesday, April 8, 2025, at the Town Municipal Building, Council Hall, 215 East Main Street for the purpose of hearing: Requests for two conditional use permits by the Raintree Family Trust for "Homestay" use for Raintree Properties located at: 926 Lake Drive on Tax Parcel 153-A-10T, and 1135 Lakeview Lane on Tax Parcel 153-A-3T. Information is on file in the office of Planning and Community Development at 215 East Main Street, 540-587-6021. Anyone who is in favor of or opposed to the request will have an opportunity to express his/her views at the hearings. By the Authority ofthe Town Council Publish: March 19, 2025 March 26, 2025 TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Ordinance - Real Estate Tax Rate for Fiscal Year 2025-2026 DATE OF COUNCIL MEETING: April 8. 2025 DATE: March 24. 2025 PRESENTATION: Section 58.1-3005 ofthe Code ofVirginia of 1950, as amended, requires that Council annually levy a tax on all real estate located within the Town. The attached ordinance establishes a tax rate for Fiscal Year 2025-2026 of$0.28 per one hundred dollars ofassessed valuation. The ordinance has been posted in accordance with $ 2-54 of the Town Code. The total real estate assessment for the Town of Bedford increased by approximately 1.37%. This increase was due to new construction. ACTION REQUESTED: Town Council is requested to consider adoption ofthe ordinance establishing the real estate tax rate for Fiscal Year 2025-2026 at $0.28 per one hundred dollars of assessed valuation. YES NO OTHER ROUTING DATE: EVANS ( ) ( ) ( TOWN ATTY. () I.T. - FOREMAN ( y ( ) ( ) COMM. DEV. ( ) POLICE - APPROVED ( FOSTER ( ) ( ) ( ) ELECTRIC ( ) PUBLIC SERV. ( DENIED ( ) HAILEY ( ) ( ) ( ) ENGINEERING ( ) OTHER DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( / ( ) FIRE DEPT. ( UPDIKE - J ( ( H.R. ( ) ORDINANCE NO. ORDINANCE LEVYING TAX UPON REAL ESTATE AND CERTAIN TANGIBLE PERSONAL PROPERTY OF PUBLIC SERVICE CORPORATIONS AND ESTABLISHING THE TAX RATE THEREON FOR THE FISCAL YEAR OF 2025-2026 BE IT ORDAINED by the Town Council of the Town of Bedford, Virginia, that there be, and is hereby levied for the fiscal year of 2025-2026, a tax rate of $0.28 per one hundred dollars of assessed valuation on all taxable real estate located in the Town, the respective levy hereby ordered being also applicable to the real estate and tangible personal property of public service corporations within the limitations specified by Section 58.1-2606 ofthe Code of Virginia of 1950, as amended, based upon the assessment thereof fixed by the State Corporation Commission and duly certified. TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Ordinance - Personal Property Tax Rate for Calendar Year 2025 DATE OF COUNCIL MEETING: April 8, 2025 DATE: March 24. 2025 PRESENTATION: Section 58.1-3005 of the Code of Virginia of 1950, as amended, requires that Council shall annually levy a tax on tangible personal property located within the Town. The attached ordinance establishes a tax rate for calendar year 2025 of$1.06 per one hundred dollars of one hundred per centum (100%) of assessed value on all taxable tangible personal property, with the exception of household goods and personal effects as classified in $58.1-3504 and horses, mules and other kindred animals, hogs, poultry, grains and other feeds used for the nurture of farm animals, grain and tobacco; cattle, sheep and goats, farm machinery and farm implements as such items are classified in Section 58.1-3505. Alli tangible personal property employed in a trade or business other than that described in subdivisions 1 through 16 of $58.1-3503 is taxed at a levy of $0.000001 per one hundred dollars of one hundred per centum (100%) of the assessed valuation. One vehicle owned by disabled veterans are taxed at a rate of$0.000001 per one hundred dollars of one hundred per centum (100%) ofassessed value on taxable tangible personal property, separately classified in Section 58.1-3506 (a)(19). The ordinance also establishes a tax rate of $0.000001 per one hundred dollars of one hundred per centum (100%) of assessed valuation on machinery and tools as classified in $58.1- 3507, motor carriers as separately classified in $58.1.3506, and motor vehicles with a seating capacity ofnot less than 30 persons, including the driver as classified in $58.1 3506(a)(39). The ordinance has been posted in accordance with $2-54 of the Town Code. ACTION REQUESTED: Town Council is requested to adopt the ordinance establishing the personal property tax rate for calendar year 2025. YES NO OTHER ROUTING DATE: EVANS ( ) ( ) ( ) TOWN ATTY. () I.T. ( FOREMAN ( ) ( ) ( ) COMM. DEV. () POLICE ( APPROVED ( FOSTER ( ) ( ) ( ) ELECTRIC ( ) PUBLIC SERV. ( ) DENIED 1 ) HAILEY ( ) ( ) ( ) ENGINEERING ( ) OTHER ( DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( ) ( ) ( ) H.R. ( ) ORDINANCE NO. AN ORDINANCE LEVYING TAX UPON TANGIBLE PERSONAL PROPERTY AND ESTABLISHING THE TAX RATES THEREON FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2025 BE IT ORDAINED by the Town Council oft the Town of Bedford, Virginia, that there be, and is hereby levied, for the calendar year 2025, a tax rate of$1.06 per one hundred dollars of one hundred per centum (100%) of assessed value on all taxable tangible personal property, including property separately classified in Section 58.1-3503 of the Code of Virginia, 1950, as amended, unless exempted from taxation or subject to a different rate under this ordinance. All tangible personal property employed in a trade or business other than that described in subdivision 1 through 18 of Section 58.1-3503 is taxed at a levy of $0.000001 per one hundred dollars of one hundred per centum (100%) of the assessed valuation. Household goods and personal effects as classified in Section 58.1-3504 and horses, mules and other kindred animals, hogs, poultry, grains and other feeds used for the nurture of farm animals, grain and tobacco; cattle, sheep and goats, farm machinery and farm implements as such items are classified in Section 58.1-3505 are exempted in whole from tangible personal property taxation. The following items are taxed at a rate of $0.000001 per one hundred dollars of one hundred per centum (100%) of the assessed valuation: (a) machinery and tools separately classified in Section 58.1-3507; and (b) motor carriers as separately classified in Section 58.1-3506; (c) one vehicle owned by disabled veterans, of the Code of Virginia, 1950, as amended, as separately classified in Section 58.1-3506()(19); and (d) motor vehicles with a seating capacity of not less than 30 persons, including the driver, as separately classified in Section 58.1-3506 (a) (39). TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution - Setting Percentage Tax Relief to Exhaust PPTRA Relief Funds 2025 DATE OF COUNCIL MEETING: April 8, 2025 DATE: April 1, 2025 PRESENTATION: The Virginia General Assembly in 1998 passed the Personal Property Tax Relief Act with the philosophy that relief would be gradually implemented to eliminate personal property tax on personal use motor vehiçles. By 2004, the Virginia General Assembly had revised its philosophy and capped the contribution from the Commonwealth to localities for reimbursement for personal property taxes. As a result, the City Council, on November 22, 2005, in accordance with state statutes, adopted an ordinance which provided that the funds to be reimbursed to the City of Bedford by the Commonwealth would be allocated in such a manner as to eliminate personal property taxation on each qualifying vehiçle with an assessed value of$1,000 or less and that the Council would set, annually by resolution, a percentage ofreliefin respect to assessed values ofmore than $1,000 as applied to the first $20,000 in value ofeach such qualifying vehicle so as to exhaust fully the PPTRA funds provided to the City by the Commonwealith. The funding and methodology ofthe PPTRA remained the same upon the reversion ofthe City to a Town. The amount received from the State, $280,647, is allocated toward personal property tax relief in the Town of Bedford for calendar year 2025. For calendar year 2024, a rate of 100% on the first $20,000 of assessed value was adopted and the total relief applied to personal property bills was $487,533. Council is asked to consider adopting a PPTRA rate of 100% for fiscal year 2025. ACTION REQUESTED: Town Council is requested to adopt the resolution as recommended by staff. YES NO OTHER ROUTING DATE: EVANS ( ) ( ) ( ) TOWN ATTY. () I.T. FOREMAN ( ) ( ) ( ) COMM. DEV. () POLICE APPROVED FOSTER ( ) ( ) ( ) ELECTRIC () PUBLICSERV. ( 1 DENIED HAILEY ( ) ) ( ) ( ) ENGINEERING ( ) OTHER ( DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( H.R. ( ) RESOLUTION ESTABLISHING A PERCENTAGE TAX RELIEF RATE PURSUANT TO THE VIRGINIA PERSONAL PROPERTY TAX RELIEF ACT WHEREAS, the Virginia General Assembly in 1998 passed the Personal Property Relief Act based upon a philosophy that in passing the Act the personal property tax on personal motor vehicles would be eliminated; and WEHREAS, in 2001, the Virginia General Assembly set the reimbursement rate to localities for personal property taxes for personal vehicles at seventy percent (70%) ofthe personal property tax amount; and WHEREAS, in 2004, the Virginia General Assembly enacted statutes which drastically changed the philosophy ofthe Act and capped the contribution oft the Commonwealth to localities for reimbursement for personal property taxes; and WHEREAS, on November 22, 2005, the City Council of the City of Bedford passed an ordinance (Ordinance No. 05-24) which provided, among other things, that the allocation of personal property tax reliefbe allocated in such a manner as to eliminate personal property taxation on each qualifying vehicle with an assessed value of $1,000 or less and that with respect to qualifying vehicles with assessed values of more than $1,000 the City Council, by resolution, would set annually a percentage to be applied to the first $20,000 in value of each such qualifying vehicle that based upon estimates of assessments would use up all remaining available state personal property tax relief; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF BEDFORD AS FOLLOWS: Section 1. In accordance with the requirements set forth in Section 58.1-3524(C) (2) and Section 58.1-3912(E) of the Code ofVirginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in item 503.E (Personal Property Tax Relief Program) of Chapter 951 ofthe 2005 Acts of Assembly any qualifying vehicle having a situs within the Town commencing January 1, 2025, shall receive personal property tax relief in the following manner: 1. Tax relief shall be allocated sO as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. Personal use vehicles valued at $1,001 - $20,000 will be eligible for 100% tax relief. 3. Qualifying personal use vehicles valued at $20,001 or more shall only receive 100% tax relief on the first $20,000 of value. 4. All other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor home, etc.) will not be eligible for any form oft tax relief under this program. Section 2. If any amount of Personal Property Tax Relief Act funding is not used within the Town's fiscal year, it shall be carried forward and used to increase the funds available for personal property tax relief in the following fiscal year. TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Budget Amendment for Electric Capital Expenditures DATE OF COUNCIL MEETING: April 8. 2025 DATE: March 27, 2025 PRESENTATION: The Town Electric Department would like to request additional funding for capital improvement items for the remainder of Fiscal Year (FY) 2025. The budget amendment requested would consider appropriating fees paid by customers for system development and the remaining contingency in the capital fund. Several projects have been put on hold that the additional funds that will allow to go forward including: Switch replacements at various locations throughout the system Acquisition of commercial meters Integration of outage sensors into the SCADA system Underground circuit replacements Internal fiber system extension to Snowden 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 190057-419204 Recoveries & Rebates $226,053 590091-419204 Recoveries & Rebates $128,912 590091-451101 Transfer In - Electric $226,053 Expenditure Decrease 59989600-590001 Contingency $35,035 Expenditure Increase 19989600-592018 Trans. to Electric Cap Proj. $226,053 59981920-582419 Hydro Infrastructure Improve. $ 40,000 59981940-582418 Infrastructure Improv. & Extend $350,000 YES NO OTHER ROUTING DATE: EVANS ( - 1 ( ) () TOWN ATTY. ( ) I.T. L FOREMAN ( ) ( ) ( ) COMM. DEV. ( ) POLICE ( APPROVED ( FOSTER ( ) ( ) ( / ELECTRIC ( ) PUBLIC SERV. ( ) DENIED ( ) HAILEY ( ) ( ) ( - ) ENGINEERING ( ) OTHER ( ) DEFERRED TO: IPPOLITO ( ) ( ) ( - ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( ) ( ) ( - ) H.R. 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 to R-3 Zoning District DATE OF COUNCIL MEETING: April 8, 2025 DATE: March 31, 2025 PRESENTATIONE On March 6, 2025, 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 is for single-family dwelling units on lots with a minimum size of6,000 square feet and 50 feet of road frontage. In addition, Townhouses are proposed in various locations, similar in size to attached units in the existing Governor's Hill development. At the public hearing, the applicant described the project as an extension of the existing development and its lot standards, and noted the owners would provide 33 feet of land to adjoining, existing residential lots if approved. Five residents in the existing development and an adjoining lot spoke with varying opinions from opposition to some support for the new access. The primary concerns were density, the potential for increased traffic through Governor's Hill, drainage and stormwater issues from previous phases, builder construction quality, and the desire for the entrance out to Burks Hill Road / Moneta Road. The Commissioners discussed the timing of construction and concern for heavy equipment coming through Governor's Hill subdivision. There was a strong desire for development to begin from the Burks Hill Road side to alleviate the heavy construction for infrastructure for roads, stormwater management, and water and sewer lines. There was also concern for an assurance of the access to Burks Hill Road. The Commission made a first motion to table the request until the April meeting in order to get additional written proffers signed by an owner prior to Commission action to include: that all road construction would occur before house construction, confirm timing of acquiring adjoining land, concern for townhouses among single-fàmily units, and the lack of open space. The motion failed by a vote of 21 to5. Commissioners made a second motion of recommendation to rezone the parcels to R-3 with the existing written proffers for the 33 feet of land to be given to adjoining parcels and the model home hours, and contingent upon the developer proffering new conditions in writing prior to the Town Council meeting to include: that the infrastructure will all be done before the construction of the housing begins, that the properties transfer from Lighthouse Freewill Baptist Church and Kevin Venhorst to the developer, and to provide the subdivision with the secondary entrance to Burks Hill / Moneta Road. The motion to recommend approval contingent on receiving proffers passed with a vote of5 to2. The developer has since provided additional proffers. They have provided a phased graphic that shows the heavy road construction in Phase I with access to Burks Hill / Moneta Road (in red). Council is not obligated to accept proffered conditions, but ifthey do, proffers must be formally accepted through an ordinance. ACTION REQUESTED: 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 proffered conditions. Attachments: Ordinance Staff Report YES NO OTHER ROUTING DATE: EVANS ( ) ( ) ( ) TOWN ATTY. ( ) I.T. FOREMAN ( ) ( ) ( ) COMM. DEV. ( ) POLICE APPROVED ( ) FOSTER ( ) ( ) ( ) ELECTRIC ( ) PUBLIC SERV. ( ) DENIED ( ) HAILEY ( ) ( ) ( ) ENGINEERING ( ) OTHER ( DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( / ( ) ( ) H.R. ( J Ordinance No. 25- ORDINANCE CHANGING THE ZONING MAP FOR THE TOWN OF BEDFORD BY REZONING PROPERTY ATTAX MAP NUMBERS 251-A-1T AND 251-A-2T FROM R-1 TO R-3 AND ACCEPTING PROFFERS WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on March 6, 2025; and WHEREAS, the Town Council 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; and WHEREAS, it is found that the public necessity, convenience, general welfare, and good zoning practice are best served by changing the zoning district boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BEDFORD, VIRGINIA THAT: Section 1. The Zoning Map oft the Town of Bedford is amended by rezoning from Single- Family Residential (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. Developer shall transfer property to the adjoining parcels as shown hatched on the attached map within 90 days of rezoning approval. 2. Developer must acquire parcel 146B-1-1T and a portion of parcel 272-1-1Tto allow for a public road connection to Burks Hill Road. 3. Developer shall provide adequate road frontage along parcel 146B-1-8T to allow for ingress and egress onto new public roadway. 4. Certifiçates of occupancy shall not be issued prior to completing access to Burks Hill Road. 5. Developer shall relocate the construction entrance to the Burks Hill Road connection after the completion ofbulk grading. Section 3. This ordinance is effective upon enactment. April 2, 2025 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. Developer shall transfer property to the adjoining parcels as shown hatched on the attached map within 90 days of rezoning approval. 2. Developer must acquire parcel 146B-1-1T and a portion of parcel 272-1-1T to allow for a public road connection to Burks Hill Road. 3. Developer shall provide adequate road frontage along parcel 146B-1-8T to allow fori ingress and egress onto new public roadway. 4. Certificates of occupancy shall not be issued prior to completing access to Burks Hill Road. 5. Developer shall relocate the construction entrance to the Burks Hill Road connection after the completion ofbulk grading. Sincerely, Jeff Allen Ranbowellen, LLC @ # A @ 9 * 6 @ : o A # 0 : - 2 - 3 A @ A 9 8 # 9 a 3 A 1 o de A 8 e o 2 a E 2 421 047424 1237 70 3 a 2 8 / - - E . - E - 8 8 921 0 € * e 8 N 8 9 0 S 0 à = - & 101 - t e $ DAINQ 39018 1S98o 6 954 6 8 8 Lo on 8 e 950 52 954 956 956 096 V0 SSWOHNMOI 9 ATIWV3DNIS INOAVICH-NVId IdFONOD VINIDHIA 2803030 FONWOI IN3WdO13A30 MINBOIS3N aAID8a8 S,0UJBAOD - a I a 8 3 - I - 8 - - i - e a a a a a - 3 a a a ai - - D - 1 a - 5 à 3 M I : % a - 11 C a à S % - A : - a - L I S & a a ay f - a 2 S . - a aà B 0A a * a a a E Staff Memorandum Zoning Amendment Request Planning Commission - March 6, 2025 Applicant: White Engineering and Design Property Owner: RANBOWELLEN, LLC Address of Subject Properties: Unaddressed Tax Map Numbers: 251-A-1T and 251-A-2T Lot Size: 44.25 acres Existing Use: Vacant land Requested Use: Single-Family Detached and Townhouse (Multifamily) Subdivision Existing Zoning District: R-1 - Low Density Residential Requested Zoning District: R-3 - High Density Residential This zoning change request is one of two land use applications that comprise a proposed residential subdivision that would be located between Crest Ridge Drive and Burks Hill Road / Moneta Road. This application is a request to change the zoning designation of two of three parcels of land from Low Density Residential (R-1) to High Density Residential (R-3) through a zoning map amendment. The requested use on those two parcels is for 149 single-family detached houses on lots with a minimum size of 6,000 square feet (0.137 acre) and 50 feet of street frontage, and for approximately 97 townhouses as allowable in R-3 (remaining townhouses are part of the other land use request). A previous rezoning request for a single-family development on these two parcels was denied by Town Council in November 2024 on the basis of having only one entrance proposed through the existing Governor's Hill development. This current request adds a new entrance from Burks Hill Road and townhouse units to better meet the intent of the R-3 zoning district for a mix of housing types. The R-3 section of the zoning ordinance is attached. The intent of the R-3 zoning district is as follows: 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 for a variety of lifestyles and socio-economic needs. This district 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 density of the proposed housing on the two parcels is 5.56 units per acre (149 + 97 units on 44.25 acres). Townhouses are allowed by right in R-3 and would require a site plan that follows the standards of Section 811 of the zoning ordinance (attached). In contrast to the R-3 standards, the R-1 zoning district requires a minimum lot size of 10,000 square feet and 100 feet of street frontage for each lot. It does not permit multifamily townhouses. With these R-1 limitations, roughly 173 single-family units could be developed by right on 44.25 acres (removing approximately 10% for infrastructure but not accounting for the 100-feet road frontage). This equates to a density of 3.9 units per acre. The zoning ordinance does not set a maximum density for single-family units, only for multifamily units. 1 The intent of the R-1 zoning district is: 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 not be provided in the future. The developer has proffered to give a 33-foot deep area of land at the rear of the adjacent lots along Emerald Crest Drive (addressed 1101 through 1113) and along Emerald View Court (addressed 1300 through 1310), and an additional 33 feet of land beside 1200 Crest Ridge Drive to provide a buffer between developments. Comprehensive Plan: The Comprehensive Plan has provisions for single-family residential neighborhoods and more intense residential development in the Land Use section as follows: 3. Single Family Residential Neighborhoods The character of the single family neighborhoods throughout Town is identified as an attractive asset. The provisions of thel R-1 zoning district provisions should be assessed to determine their appropriateness in 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 more 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). With the addition of an entrance to Burks Hill Road / Moneta Road, density is directed toward an area of non-residential development, which would encourage development traffic to use the higher volume travel route. 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 of land are single-family detached dwellings on lots that range in size from 4,500 square feet to 6,100 square feet, single-family attached dwellings (townhouses) on lots that range from 3,050 square feet to 10,890 square feet, and vacant land. Joseph's Dream, a multifamily development zoned R-3, is nearby although not immediately adjoining. Two churches and large-lot single family dwellings adjoin the southernmost parcel. Of those adjoining parcels, two parcels are now included in a separate, related conditional use request for providing access to Burks Hill Road /Moneta Road. Transportation: As noted, there is one existing entry stubbed into the site at Crest Ridge Drive at the end of the existing adjacent residential development. A southern entrance is also proposed on Burks Hill Road / Moneta Road / Route 122 at 1031 Moneta Road (separate request). Proposed streets in the development 2 would be built to a public standard for inclusion in the public road system, and would tie in to existing public streets. Streets on the northern end lead from Emerald Crest Drive to Terra Lane that connects to Industrial Avenue to reach Burks Hill Road / Route 122 closer to Route 460, and to Coolbrook Road and Woodhaven to reach U.S. Route 460 west. 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 and at the proposed southern entrance on Burks Hill is 9,100 vehicles per day since that is the same segment of road counted (VDOT, 2022). Traffic on Coolbrook to Woodhaven is estimated at 940 and fewer vehicles per day. With the number of all residential units for both zoning requests, the applicant estimated 1,761 total vehicle trips per day for 149 single-family detached dwellings with the total 120 townhouse units. The applicant estimated the peak number in the morning would be 138 vehicles, and estimated 186 vehiçles in the evening peak. This estimate did not describe what streets would be used for the traffic generation split. There is a road stub shown on the northern parcel that could provide access to an adjoining parcel for future connectivity. School-Age Population: Based on the number of 149 single-family detached units and a factor of 0.44 students per single-family detached dwelling, the rough estimate of K-12 students that may enter the public school system is 66 students. For 120 townhouse units ("'single-family attached"), the rough estimate of students is also 66 (0.545 per attached unit) for a total estimate of 132 K-12 students for the development (from National Association of Home Builders, 2020). Environment: Timbering of wood on the property is complete. Topography on the site is moderate. Development of the 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 past drainage runoff issues at from the adjoining development and offered a solution to mitigate runoff with additional stormwater measures as part of the new development. All stormwater must be retained and treated on the site per State law. Two stormwater management ponds are shown on the concept plan. This may change with final survey and subdivision layout. Open Space (Section 1301.03): For single-family developments with a density of over four units per acre, open space within the site must be in an amount that is one percent of the gross site area for every unit per acre of density. The density on the two parcels for rezoning equates to 5.56 units per acre with 246 units on the 44.25-acre site. From this, the open space must be 5.56% percent, which equates to approximately 2.46 acres. A "Community Amenity Area" and five "Open Space" areas are labeled but the acreage of those areas is not shown. When both land use requests are combined, the density is 5.24 units per acre, which would equate to 5.24% open space required, or 2.69 acres of community facilities / open space. 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 all lots within a subdivision." The one "Community Amenity Area" is accessible from streets on a central corner lot. 3 For townhouse developments, open space shall be provided at one percent of the gross area of land, which would be 0.44 acres. However, this calculation will need to be refined in the site plan and subdivision process since townhouses are proposed to be mixed among single-family detached dwellings at the different open space calculation shown above. Utilities and Other Site Considerations: A concept plan was discussed at a development review meeting of outside agencies held on January 15, 2025. 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 that will be confirmed when all water and sewer calculations are provided based on the final number of housing units. Electricity will be provided by the Town Electric Department, which has capacity. The Land Development Regulations require sidewalks and street lights as part of the road design. Street trees are required for townhouse developments (Section 809.03.a.), which in this request are dispersed in different locations. The street section provided with the concept shows sidewalks and street lights but not street trees where required. The costs of these improvements are the responsibility of the developer. Rezoning Process: If the rezoning request would be granted, the concept plan will be the basis for the preliminary and final subdivision plats, as well as a site plan for townhouses, that will be reviewed by Town staff and all agencies, which discussed the concept in January 2025. Proffers made for zoning amendment: Proffered conditions were submitted with a date of January 17, 2025, Proffer one is actually a condition to the separate land use request for the related model home conditional use permit that is under consideration with this rezoning request. The proffers are as follows: 1. 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. 2. Developer will transfer property to the adjoining parcels as shown hatched on the attached map. 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 be in accord with the procedures and standards contained in Code of Virginia, S 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 Planning Commission Action: Section 1003.03. The commission shall consider the proposed amendment after notice and public hearing in accordance with Code of Virginia, S 15.2-2204. The commission shall then present the proposed amendment along with the site plans and explanatory materials, where applicable, to the council with its recommendations. If the commission fails to submit its recommendation to the council within 100 days of the first meeting of the commission after the proposed amendment has been referred to it, the commission shall be deemed to have recommended approval of the proposed amendment. 4 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 - three parcels highlighted in blue (combined land use requests shown). 2. Aerial Photo (2022) 3. Site and Area Photos 4. Section 603. High Density Zoning District (R-3) Standards 5. Section 811. Multifamily, Townhouse and Condominium Development Standards 6. Application with Concept Plan dated 2/18/2025 with Typical Roadway Section and Adjoining Property Transfer detail 7. Voluntary Proffers - signed, January 17, 2025. 5 Zoning Map anusa 1300 55 R-I R-I R-1 PRD R-I - - B2 Cmsrs R-3 Goverpr's Joseph's PRD HII PRD suns Dream %% S Map 251-A 21 Bedford County R-1 Map 251 A-17 a A - Zoning Districts with Traffic Counts Parcels 146B-1-11, 251-A-1T, 251-A-2T Map 1466-1T Zoning Districts - B-2- General Business M-1 - Manufacturing J R1 Low Density Residential R-I R-3 High Density Residential PRD Planned Residential PMP Planned Memorial Park 8 Traffic AADT 2022 ADT 0 -5,000 5,001 20,000 ày Bedford Parcels Rr . Administrative Boundary ebruar, 27, 2025 G00B 05 Aerial Map surmyp - - oseph's Dream 3 € Map 251-A-2T Bedford County Map 251-A-1T 3 5 Map 146B-1-1T 5 Aerial Image with Traffic Counts - Parcels 146B-1-1T, 251-A-17, 251- A-2T - Traffic AADT - 2022 ADT 0- 5,000 5,001 20,000 Bedford Parcels 000B.05 014 0:15 Administrative Boundary Miles February 27, 2025 7 Site Photos Site (from Crest Ridge Drive): 8 Site Photos Crest Ridge Drive Site Photos Emerald Crest Drive - Single-family Detached (houses on the right adjoin the proposed development) Emerald View Court - Attached Dwellings tvri 10 Sec. 603. High Density Residential District R-3. 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 for a variety of lifestyles and socio- economic needs. This district 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. 603.02. Permitted uses; by right. a. Accessory uses, provided the requirements of section 802 are met. 1. Temporary family health care structures are subject to certification from a medical doctor stating the facility is needed for its intended use on an annual basis. No fee shall be required for a temporary family health care structure. 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 keeping with the character of the neighborhood. C. Religious assembly. d. Home occupations provided that the requirements of section 807 are met. e. Libraries. 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. g. Public parks. h. Single-family dwellings. i. Two-family dwellings. j. Yard sales, provided that they occur only during the daylight hours, that they do not continue for more than two consecutive days and that they are limited to three times a year per dwelling. Signs advertising the sale must be in accordance with section 816. k. Utilities, public. 603.03. Conditional uses. When after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this Land Development Ordinance and the land use plan, and is in the public interest, the following uses may be permitted: a. Accessory dwelling units. b. Cemeteries. C. Childcare centers, and family day care homes, provided that all licensing requirements of Code of Virginia, S 63.2-1701 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided. d. Government facilities. e. Group homes for children. Created: 2025 02 -05 08: 10:37 [EST) (Supp. No. 30) Page 1 of 3 f. Homes for adults, provided that the liçensing requirements of Code of Virginia, $ 63.2-1800 are met, and that undue concentrations of these facilities at the block or neighborhood level are avoided. g. Homestays. h. Mobile home parks, provided a site plan is approved in accordance with the requirements of section 810. i. Offices. j. 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. k. Schools. I. Utilities, private. 603.04. Lot ared, width, coverage, and frontage. a. The minimum lot area for single-family dwellings shall be 6,000 square feet. b. The minimum lot area for two-family dwellings shall be 9,000 square feet. C. The minimum lot width at the setback line for single-family dwellings shall be 50 feet for lots with frontage on one public street and 75 feet for corner lots fronting on two or more public streets. In the measurement of lot width, the front shall be deemed to be the shorter of the two sides of a corner lot facing streets. d. The minimum lot width at the setback line for two-family dwellings shall be 65 feet for lots with frontage on one public street and 901 feet for corner lots fronting on two or more public streets. In the measurement of lot width, the front shall be deemed to be the shorter of the two sides of acorner lot facing streets. e. The maximum percentage of any lot that may be covered by the footprint of a building shall be 40 percent. f. The minimum lot frontage on a public street shall be 50 feet. g. Lot area and lot width for multifamily, townhouse or condominium developments shall meet the requirements specified in section 811. 603.05. Maximum height restrictions. a. The maximum height of any building shall be 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 50 feet, provided that for each foot of height over 40 feet in height, one additional foot of all yard setback distances shall be required. C. 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 the specific written approval of the zoning administrator. For structures exceeding 200 feet in height, prior written approval from the Federal Aviation Administration is also necessary. Created: 2025 -02- -es 08:10:37 [EST) (Supp. No. 30) Page 2of 3 603,06. Minimum yard: setback requirements. The following minimum yard setback requirements from the lot or property line shall apply, unless a more restrictive setback is required for the dedication of an easement: a. The minimum front, side and rear yard setbacks shall be as follows: Front: 25 feet. Sides: six feet. Rear: 25 feet. b. Average setbacks exception: When the average of the front yard setback for existing primary structures on the same side of the street within 300 feet is less than 25 feet, the average shall be recognized as the minimum front yard setback. In determining the average setback, a vacant lot shall be considered to have a 25-foot front yard setback. C. Rear and side yard setbacks abutting public street rights-of-way shall be equal to the required front yard setback for the district. d. Balconies, stoops, stairs, open porches or decks, bay windows, and awnings are permitted to encroach into the front yard setback area no more than six feet; and the aforementioned as well as attached garages and carports, into the rear yard setback area no more than 14 feet. e. Uncovered parking lots and spaces, sidewalks, and walkways, etc., shall have no minimum yard setback. f. Minimum yard setbacks for two-family dwellings, condominiums, townhouses, duplexes, and apartments shall not apply to common walls. (Ord. No. 24-2, 3-12-2024) Created: 2025. -02-05 08:10:37 (EST] (Supp. No. 30) Page 3 of 3 Sec. 811. Multifamily, townhouse and condominium development. 811.01. Applicants for use permits for multifamily developments, herein defined as one or more multifamily buildings, shall meet the following special requirements. These requirements shall apply to any structure of similar use, physical structure and character, regardless of type of ownership. 811.02. 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 of one inch to not more than 100 feet. b. The following information shall be required in addition to the information required of site plans and applications in section 1002.03 of this Land Development Ordinançe. 1. The date of the site plan, the name of the surveyor or engineer preparing it, and the 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. 4. A vicinity map: showing the location and area of the proposed development. 5. The boundary lines, area, and dimensions of the proposed development, with the locations of property line monuments shown. 6. The location and dimensions of all existing streets and street rights-of-way, easements, water, sewerage, drainage facilities, and other community facilities and utilities on and adjacent to the proposed development. 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 façilities, 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 and screening. C. Land for condominiums shall not be subdivided into separate parceis 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 requirements of the ordinance. Created: 2025- -02. es 08:10:38 [EST] (Supp. No. 30) Page 1of 4 d. The zoning administrator may waive site plan requirements, other than planning commission review, provided the development is aiong a publicly dedicated and approved street accepted for maintenance by the town and no new streets, water or sewer lines are involved. e. When and if such site plan is approved, an irrevocable letter of credit, certified check, performance bond or other surety of 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, satisfactory to the town attorney and town manager, and approved by the zoning administrator. Said bond shall be 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. 811.03. 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 16 units per acre. 811.04. Utilities and streets. Alil multifamily developments shall meet the following requirements for utilities and streets. a. Ali multifamily developments shall connect to public water and sewer systems unless an alternative system is approved via conditional use permit. The internal layout of the water and sewer systems of the development shall be of a design satisfactory to the Bedford Regional Water Authority or other applicable town staff and shall be open to inspection. b. The storm drainage facilities of any multifamily development shall connect to the storm sewer system of the town, where available. Where such systems are unavailable, the development shall provide appropriate on-site stormwater facilities. Curbs and gutters shall be provided on all internal streets and shall meet standards for curbs and gutters for public streets established by the Virginia Department of Transportation. C. An internal street system shall be provided to furnish convenient access to multifamily units and shared facilities, and shall meet the following requirements: 1. All internal streets shall be permanently constructed to current town or VDOT standards. 2. Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible. 3. Lighting shall be provided in such a way as to produce a minimum of 0.1 footcandles at street level throughout the system. 4. Entrances shall be provided in sufficient numbers to ensure safe and convenient access and egress. Where the proposed development adjoins two or more streets, entrances shall be provided on at least two streets where possible, provided that the street system shall be sO designed as to discourage through traffic. d. The electrical and solid waste provisions of multifamily developments shall meet the following requirements: 1. Electrical supply and distribution systems shall meet appliçable requirements of the building code and of the town electric department and shall connect to the electrical system of the town; all electrical facilities shall be instalied below ground. 2. Refuse shall be stored in an area enclosed to a height of at least five feet with a concrete base and with sufficient screening (either constructed or fully developed vegetative) to prevent outside view of the stored refuse. 811.05. Amenities. All muitifamily developments shall meet the following minimum requirements for open space, recreation, and other amenities: Created: 2025 02 es 08: 10 38 [EST) (Supp. No. 30) Page 2 of 4 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 uses, driveways, or parking areas, and including outdoor recreation areas, shall meet the following requirements: 1. Provision shall be made for com mmoi on 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 not include areas included in minimum yard area requirements. 2. In multifamily developments of over 150 units in size, provision shall be made for adequate supervision of recreational areas. 3. Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from concentrations of vehicular traffic. C. Fencing or vegetative screening shall be provided, as outlined in section 809 of this Land Development Ordinance. Fencing where required shall be maintained in a safe condition and shall be kept in good repair. d. Paved common walks of a width of at least four and one-half 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 be incorporated into the street curb. Walk grades shall not exceed ten percent, lights shall be provided sufficient to illuminate steps to a level of at least 0.03 footcandles. e. Refuse shall be stored in an area enclosed to a height of at least five feet with a conçrete base and with sufficient screening (either constructed or fully developed vegetative) to prevent outside view of stored refuse. Refuse shall be stored in water resistant, rodentproof containers with attached lids. Such containers shall be of sufficient capacity to store all refuse properly. f. Street trees shall be provided as outlined in section 809 of this Land Development Ordinance. Be in accordance with the following requirements: 1. Permanent buildings housing management offices, day care centers, laundry facilities, or indoor recreational facilities or other service facilities may be permitted in multifamily developments provided that they: (a) Shall meet parking requirements for such facilities as specified in section 812. (b) Shall be subordinate to the residential use and character of the development; (c) Shall be located, designed and intended to serve the service needs of persons residing in the development; (d) Shall present no visible evidence of their nonresidential character to any area outside the development; (e) Shall meet all applicable federal, state and local requirements pertaining to such uses; and (f) Shall not occupy more than ten percent of the area of the development. 811.06. In addition to the above requirements, townhouse and duplex type condominium or rental developments shall meet the following specific requirements: Created: 2025-02-05 08:10:38 [EST) (Supp.No. 30) Page 3of 4 a. No more than 12 townhouses shall be included in any building, each of which shall be at least 16 feet in width, all of which shall have an average width of at least 20 feet. Duplex lot width, lot area, lot width at corner lots, and maximum coverage shall meet applicable requirements. b. Minimum yard requirements sha!l be provided as follows: 1. Front yard depths on internal private streets shall be at least 15 feet from any street or parking area. 2. Front, rear and side yard requirements on public streets or other land not part of the proposed development shall be as prescribed 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. 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 20 feet from any other building containing a group of four or less dwelling units. C. Height shall be no more than 40feet measured from the average level of the ground adjacent to the front exterior wall. 811.07. In addition to the requirements specified for multifamily dwellings in sections 811.01 through 811.06, apartment developments shall meet thej following special requirements: a. Minimum yard requirements for apartment developments shall be 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 40 feet, an additional foot of yard depth shall be required. b. Interior yards shall be provided as follows: 1. Front yard depths on internal streets shall be at least 15 feet in depth provided that for each foot above 40 feet in height, an additional foot of front yard depth shall be provided. 2. Distances between multifamily dwellings shall be as provided in section 811.08, provided that for each additional foot in height per building over 40 feet, one additional foot of distance between buildings shall be provided. C. Height of multifamily dwellings shall be no more than 50 feet measured from the average level of the ground adjacent to the front exterior wall. d. Party walls and other fire retardation structures shall be provided in accordance with specifications of the building official. 811.08. Minimum distance between. buildings. The following minimum distances between buildings located on the same lot or parcel shall be required unless otherwise specified within this Land Development Ordinance: a. Front to front arrangement --40 feet. b. Front to rear arrangement - 50 feet. C. Rear to rear arrangement -30 feet. d. Side to side arrangement -30 feet. e. All other arrangements - 30 feet. (Ord. No. 24-2, 3-12-2024) Created: 2025-02-es 08:10:38 [EST) (Supp. No. 30) Page 4 of 4 For staff use: Town of Bedford, Virginia Date received: Received by: Department of Planning & Community Development 215E E. Main Street $150 Fee: 2Site Plan copies: Bedford, VA 24523 Zoning District: (540) 587-6021 . gohnson@bedlondvagox Owner' 's Authority Letter if applicable: ZONING AMENDMENT OR CONDITIONAL ZONING APPLICATION Please print or type. Ift not applicable, write N/A. APPLICANT INFORMATION Property Owner Name: RANBOWELLEN LLC Address: 104 ARCHWAY CT, FOREST, VA 24502 Phone: 434-546-1107 Email: jeff@bdpcpa.com Applicant Name: WHITE ENGINEERING & DESIGN Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 Email: Mwhlie@whileandd.com Primary Contact: JAMEY L. WHITE, P.E. Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 Email: whie@whteeanodi.com PROPERTY INFORMATION Subject Property Address / Location: END OF CREST RIDGE DRIVE (NO ADDRESS) Existing Zoning District: R-1 Requested Zoning District: R-3 Current Use of Property: VACANT Tax Map Number(s) & RPC Number(s): 251 A 2T, 251A1T / 80501903, 80502556 Business or Subdivision Name (current or future): Governor's Hill Section 3 APPLICATION INFORMATION What specific land use are you requesting from the Land Development Regulations / Zoning Ordinance? Single-family Detached & Townhomes Please summarize the grounds upon which this request is based (attach additional sheets if necessary). The currentz zoning for these properties is R-1.1 This isr not consistent with the neighboring development whichhas lots sizes similar to R-3 zoning. Our requesti is tor maintain the current established lot sizes that arei in the adjoining neighborhood and provide provide a mix of townhomes to meet R-3quidelines Is the applicant proffering any conditions? Yes X No Ifyes, do the proffers meet the standards of Section 1004.02 of 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 of 4 To evaluate the proposed rezoning request, please address the following concerns: 1. Describe the effect the proposed zoning change and use will have on existing and projected traffic volumes and the increase of noise in the neighborhood. Has a traffic study been conducted? TRAFFIC: 1,761 VPD, 138 AM PEAK, 186 PM PEAK NOISE: RESIDENTIAL USE WILL GENERATE MINIMAL NOISE 2. Will the rezoning and associated use affect the current and future need for the proposed use in the town and in the area? THERE IS CURRENTLY ANEDFORSINGIEFAMIYZ DEVELOPMENTS IN THE. TOWN. CURRENT SIMILAR SALE ARE EXCEEDING AVAILABILITY. 3. How will this rezoning and associated use affect the character of the existing neighborhood and existing property values? THIS PROPOSED DEVELOPMENT WILL CONNECT TO A SIMILAR TYPE OF DEVELOPMENT AND WILL MAINTIAN THE EXISTING CHARACTER. CERTIFICATION hereby certify that this application is complete and accurate to the best of my knowledge. I have read the attached Section 1003 and Section 1004 (ifa applicable). I authorize staff for the Town of Bedford to enter the property for purposes of reviewing this request and for placing a sign as notice of public hearings. I have provided a site plan and the required application fee. I understand that I am responsible for all advertising fees associated with placing required legal notices in newspapers or other media for public hearings, including rescheduled hearings. Applicant Signature: Date: 1-17-25 Print Name: JAMEYI L. WHITE, P.E. Staff 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 of 4 WNZ SIWOHNMOL 9 ATIWVSIONIS NOAVIEH NVId IdBONOD VNIDE 0Bosri ONWOI INBWdO13A30 WIN3GISETN 3A12839 S,JOUIOAOD * : d! : illilil a L a MI & 9 a R L E a - . - 1 a 0 4 - S . a a a - S 1 # : - - - E W 1 & € 1 à % a 1 a - A 69 9 & . M 6 - 9 à d - a - B 1 E wI E1 1844 a a V 1Y 614 A DM B 3 e 9 s C A E/ Cge 9 e E E X L 6 % GINEE ERING - January 17, 2025 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. 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. 2. Developer will transfer property to the adjoining parcels as shown hatched on the attached map. Sincerely, White Engineering & Design, Inc. Jamey L. White, P.E. President P.O. Box 1334; Forest, VA 24551 Phone: 434-660-3007 @ N @ 1 A e n @ A 6 # 3 8 I A 9 @ # N 8 8 9 A A 8 A 8 e 5 8 a 5 2 5 S B K E 5 E - a a E 0 E 9 E a 8 921 a 24 5 : 9 : 3 8 o62 8 4 101 9 DAIRI poara 1S343 3 S B to5 8 3 8 L950 952 954 956 958 9 96 / V Lva HOA SENOHNMOI) 9. AWFDNIS INoAVEH NVId. IdBONOO VINIOBIA 8038 ONMOL Salis INGMOT3A30 MNGGISSN aAlasag sJouIaAOD n 8 a a D B 1 a I * a - 1 E 7 I - - - T y * - a - YuE - 4 - : - a - - a 9 a - E TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution - Conditional Use Permit for a Model Home Office at Tax Map Number 251-A-IT in the R-3 Zoning District DATE OF COUNCIL MEETING: April 8, 2025 DATE: March 31, 2025 PRESENTATION: On March 6, 2025, 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). Secondary to that rezoning request, a separate conditional use permit application was heard to request a model home with office and off-street parking on the first two lots of the proposed new subdivision (numbered lots 1 and 2) on parcel 251-A-2T. The applicant said the model home and lot for parking would be converted to two homes that would be sold as part of the subdivision when they were not needed. Although the written condition does not define days, the developer said the model would be open in a variation of two days with limited times after 5:00pm by appointment. Three citizens spoke at the hearing for the request after the related rezoning request. Two speakers asked if the model home lots could be moved to the other tax map parcel that would be accessed from Burks Hill Road onto the lots numbered 25 and 26 on the concept plan. One citizen spoke about their future desire for a zoning change on their adjoining property. The model home was requested by the applicant to be on Tax Parcel 251-A-2T but both parcels were advertised for hearing. One condition was offered by the appliçant: "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. The Commission made a motion to recommend approval of the model home office use with two conditions shown below. The motion passed unanimously. 1. Move the two model home office lots to Tax Map number 251-A-1T. 2. 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. The 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 this office use cannot be approved. Council may amend the conditions or add conditions. ACTION REQUESTED: Town Council is requested to consider a Resolution for a conditional use permit at Tax Parcel 251-A-IT from R-1 to R-3 with two conditions. Attachments: Resolution Staff Report YES NO OTHER ROUTING DATE: EVANS ( ) ( ) ( ) TOWN ATTY. C) I.T. FOREMAN ( ) ( ) ( ) COMM. DEV. () POLICE APPROVED ( FOSTER ( / ( ) ( ) ELECTRIC () PUBLIC SERV. ( J DENIED - / HAILEY ( ) ( ) ( ) ENGINEERING ( ) OTHER ( / DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( ) ( ) ( ) H.R. ( RESOLUTION PERMITTING "OFFICE" BY CONDITIONAL USE PERMIT IN THE R-3 ZONING DISTRICT WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on March 6, 2025; and WHEREAS, the Town Council has 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, Section 603.03.i. oft the Land Development Regulations allows "Offices" use to be permitted with a conditional use permit in the High Density Residential (R-3) zoning district; 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 parcel 251-A-1T) to allow an office within a model home for the proposed subdivision with the following conditions: 1. Move the two model home office lots to Tax Map number 251-A-1T. 2. 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 Planning Commission - March 6, 2025 Applicant: White Engineering and Design Property Owner: RANBOWELLEN, LLC Address of Subject Property: Unaddressed Tax Map Number: 251-A-2T (251-A-1T) Lot Size: 44.25 acres Existing Use: Vacant land Requested Use: Office in R-3 Existing Zoning District: R-1 Requested Zoning District: R-3 (separate action) As part of a rezoning request for a single-family detached and attached residential development under separate consideration, the applicant is requesting to provide an office in a future model home to accommodate sales at the proposed development. The building and related off-street parking would be located on the first two lots beyond the entrance to the development on a new public street from Crest Ridge Drive. Office uses may be permitted by conditional use permit in the R-3 zoning district. This permit would be dependent on approval of a related zoning change from R-1, if approved. The model home would become a single-family house sold as part of the development when the office is no longer needed. The lot beside it would also become a single-family dwelling unit. The Intent of R-3 Zoning District is as follows: 603.01. Intent ofHigh-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 for a variety of lifestyles and socio-economic needs. This district 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 district is described in the ordinance as follows: 603.03. Conditional uses. When, after review of the application and public hearing thereon, in accordance with section 1002.03, the council finds that a proposed use is consistent with the intent of this ordinance and the land use plan, and is in the public interest, the following uses may be permitted: i. Offices There are no additional standards required for the use. Off-street parking is required in the ordinance in the amount of one (1) space per 500 square feet of commercial use, Residential uses require 1.5 spaces, which will apply when the office becomes a house as part of the development. 1 Land Uses: The office is requested to be placed on the first of two large parcels that comprise the proposed development 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. The concept plan shows a stormwater management area in between an existing single-family detached house and the proposed model house. Immediately adjoining uses of land are single-family detached dwellings on lots that range 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. 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 be incidental to that generated as a house for sale in the proposed housing development. Environment Development of the two model home office parcels will be accounted forin a larger plan of development for the residential units. Development of the site will be subject to review and permitting for erosion and sediment control and storm water management by Bedford County Natural Resources Division. Utilities and Other Site Considerations: The site would be served by public water and sewer by the Bedford Regional Water Authority. Electricity will be provided by the Town Electric Department. Conditions: The developer has offered the following condition as part of the request: 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. Planning Commission Action: Section 1002.03.d. The application shall be sent to the commission for review, recommendation, and public hearing thereon, and said commission shall have 100 days within which to submit a report. If the commission fails to submit a report within a 100 day period, it shall be deemed to have recommended approval of the proposed conditional use. A related request for rezoning must occur first to change the zoning of the parcel from R-1 to R-3 to allow an office by conditional use permit in R-3. If Counçil does not grant the rezoning request then the office use cannot be approved. Conditional Use Permit Review by Council: 1002.03. f. In evaluating the proposed conditional use, the council shall address the following concerns: 1. Whether the proposed conditional use: is consistent with the comprehensive plan. 2. Whether the proposed conditional use will adequately provide for safety from fire hazards and have effective measures of fire control. 3. The level and impact of any noise emanating from the site, including that generated by the proposed use, in relation to the uses in the immediate area. 4. The glare or light that may be generated by the proposed use in relation to uses in the immediate area. 2 5. The proposed location, lighting and type of signs in relation to the proposed use, uses in the area, and the sign requirements of this chapter. 6. The compatibility of the proposed use with other existing or proposed uses in the neighborhood, and adjacent parcels. 7. The location and area footprint with dimensions (all drawn to scale), nature and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood. 8. The nature and extent of existing or proposed landscaping screening and buffering on the site and in the neighborhood. 9. The timing and phasing of the proposed development and the duration of the proposed use. 10. Whether the proposed conditional use will result in the preservation or destruction, loss or damage of any topographic or physiçal, natural, scenic, archaeological or historic feature of significant importance. 11. Whether the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public. 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, all in relation to the public's interest in pedestrian and vehicular safety, efficient traffic movement and access in case of fire or catastrophe. 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 Bedford. 14. Whether the proposed conditional use will be served adequately by essential public facilities and services. 15. The effect of the 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 transportation. 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 comprehensive plan. 20. Whether the proposed conditional use considers the needs of agriculture, industry, and businesses in future growth. 21. The effect of the proposed conditional use in enhancing affordable shelter opportunities for residents of the town. 22. The location, character, and size of any outdoor storage. 23. The proposed use of open space. 24. The location of any major floodplain and steep slopes. 25. The location and use of any existing non-conforming uses and structures. 26. The location and type of any fuel and fuel storage. 27. The location and use of any anticipated accessory uses and structures. 28. The area of each use, if appropriate. 29. The proposed days/hours of operation. 30. The location and screening of parking and loading spaces and/or areas. 31. The location and nature of any proposed security features and provisions. 3 32. The number of employees. 33. The 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 the 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 the items in (1) and (2). 37. Utilities, with reference to location, availability and compatibility. 38. Any other matter reasonably related to the public health, safety, and general welfare 4 The model home office would be farther in on the right, past a proposed stormwater management area at the entry to Proposed Development at Crest Ridge Drive. Area of request enlarged from Plan (lots 1 and 2): % A * - a dA N AF a a 5 Attachments: 1. Zoning Map - the parcels are highlighted in blue. 2. Aerial Photograph - the parcels are highlighted in blue. 3. Application with Concept Plan. 6 - 5 5 - E A 6 I 9 2 de 0O A F / / ? For staff use Town of Bedford, Virginia Date received: Received by: Department of Planning & - Community Development $150 Fee: 2 Site plan 215 E. Main Street Bedford, VA24523 copies: VIRGINIE (540) 587-6021 . gohnson@bediordvagoy Zoning District Owner's Authority Letter if applicable CONDITIONAL USE PERMIT APPLICATION Please print or type. If not appliçable, write N/A. APPLICANT INFORMATION Property Owner Name: RANBOWELLEN LLC Address: 104 ARCHWAY CT, FOREST, VA 24502 Phone: 434-546-1107 Email: jeff@bdpcpa.com Applicant Name: WHITE ENGINEERING & DESIGN Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 Email: MHTECWATEEAMDDCOM Primary Contact: JAMEY L. WHITE, P.E. Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 Email: Mhle@whleanda.com PROPERTY INFORMATION Location address: END OF CREST RIDGE DRIVE (NO ADDRESS) Business Name (current or future): RANBOWELLEN LLC Zoning District: R-1 Current Use of Property: VACANT Tax Map Number: 251 A 2 T, 251 A1T RPC Number: 80501903, 80502556 APPLICATION INFORMATION What specific land use are you requesting from the Land Development Regulations / Zoning Ordinance? Temporary office & parking Please summarize the grounds upon which this request is based (attach additional sheets if necessary). The developer intends to use the first 2 lots in the development as a model home with and office for sales. March 12, 2024 Page 1 of 5 To evaluate the proposed conditional use, please address the following concerns: 1. How is the requested conditional use consistent with the comprehensive plan? THIS LOCATION IS DESIGNATED AS RESIDENTIAL AND OUR PROPOSED USE WILL BE TEMPORARY FOR THE SALES OF RESIDENTIAL SINGLE-FAMILY HOMES. THIS USE WILL BE CONVERTED TO RESIDENTIAL NEAR THE COMPLETION OF THE PROJECT. 2. How will the proposed conditional use affect the current and future traffic in the vicinity? THIS USE WILL GENERATE MINIMAL TRAFFIC TO EXISTING ROADWAYS, SIMILAR TO A RESIDENTIAL USE. 3. How will the proposed conditional use at the specified location contribute to or promote the welfare or convenience of the public? THIS PROPOSED DEVELOPMENT WILL CONNECT TO A SIMILAR TYPE OF DEVELOPMENT AND WILL MAINTIAN THE EXISTING CHARACTER. THE CUP REQUEST IS TEMPORARY FOR. A MODEL HOME AND OFFICE AND THESE TWO LOTS WILL BE CONVERTED TO SINGLE-FAMILY DETACHED HOMES NEAR THE COMPLETION OF THE PROJECT CERTIFICATION hereby certify that this application is complete and accurate to the best of my knowledge. I authorize staff for the Town of Bedford to enter the property for purposes of reviewing this request and for placing a sign as notice of public hearings. I have provided a site plan and the required application fee. I understand that I am responsible for all advertising fees associated with placing required legal notices in newspapers or other media. Applicant Signature: Date: 1/17/25 Print Name: JAMEYL. WHITE, P.E. 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 NG S3WOHNWOI 9 ATWVNIS INOAVIEU -NVId Id3ONOO D VNOSA aNos FONOI INGWOTBABG MINSGISSN aATosos B,I0UIADD a 3 : - - 1 1 iilili s Sy Bi fag pH E - i E a 8 1,: t Fyis p - 3 : 69 1 S5 I # 9 1 5 i * 84 - - 5 s E : : x B) E 8 ni 1 4 39 BN : 3 - - - 9 I a 71 - E TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution - Conditional Use Permit for Townhouses at Tax Map Number 146B-1-1T in the B-2 Zoning District DATE OF COUNCIL MEETING: April 8, 2025 DATE: March 31, 2025 PRESENTATION: On March 6, 2025, the Planning Commission held a public hearing to reçommend whether property located at 1031 and 1035 Moneta Road should be approved for a conditional use permit application to allow Townhouses in the B-2 zoning district. Townhouse development is regulated by Section 811 in the zoning ordinance. This request would provide a development set back from Burks Hill Road / Moneta Road and be primary access to a proposed new development adjoining Governor's Hill Phases 1 and 2. The layout ofthis request is shown on the same plan of development with the Governor's Reserve rezoning request. Additional land is under contract for purchase from adjoining Lighthouse Freewill Baptist Church to give the required 50 feet of road right-of-way for development. One citizen spoke at the hearing about requiring extra parking for the townhouses. The Commission discussed adequate parking at units for visitors. The developer said there would be parking for three cars at each unit (two in a driveway and one in a garage). Commissioners expressed conçerns for making sure the property convey to the developer from the contract purchase for access to the related and adjoining rezoning request at Governor's Hill (Reserve). The Commission voted unanimously to recommend approval of the Townhouses with one condition: The land shall transfer to the developers, Ranbowellen LLC, from Kevin Venhorst. IfCouncil does not grant the related rezoning request for the R-3 zoning change, this Townhouse use can still be approved. Council may amend or remove the condition, or add conditions. ACTION REQUESTED: Town Council is requested to consider a Resolution for a conditional use permit at Tax Parcel 146B-1-1T with one condition. Attachments: Resolution Staff Report YES NO OTHER ROUTING DATE: EVANS ( () ( TOWNATTY. ( I.T. FOREMAN ( ) ( ) ( ) COMM. DEV. ( ) POLICE APPROVED - FOSTER ( ) ( ) ( ) ELECTRIC ( ) PUBLIC SERV. ( DENIED ( ) HAILEY ( ) ( ) ( ) ENGINEERING ( OTHER ( / DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( ) ( ) H.R. RESOLUTION PERMITTING "TOWNHOUSE DEVELOPMENT" BY CONDITIONAL USE PERMIT IN THE B-2 ZONING DISTRICT WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on March 6, 2025; and 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; and WHEREAS, Section 606.04.1. of the Land Development Regulations allows "Multifamily, townhouse and multifamily condominium developments" as regulated by Section 811 to be permitted with a conditional use permit in the General Business (B-2) zoning district; 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 1031 and 1035 Moneta Road (identified as tax parcel 146B-1-1T) to allow a Townhouse development with the following condition: 1. The land shall transfer to the developers, Ranbowellen LLC, from Kevin Venhorst. Staff Memorandum - Conditional Use Permit Request Planning Commission - March 6, 2025 Applicant: White Engineering and Design Property Owner: RANBOWELLEN, LLC Address of Subject Properties: Unaddressed Tax Map Numbers: 146B-1-1T Lot Size: 7.0 acres Existing Use: Single-family Detached Housing (multiple) Requested Use: Townhouse Development (Multifamily) Existing Zoning District: B-2 - General Business This zoning change request is one of two land use applications that comprise a proposed residential subdivision that would be located between Crest Ridge Drive and Burks Hill Road / Moneta Road. This application is a request to allow a Townhouse Development in the B-2 zoning district through a conditional use permit. The requested use of the parcel is for approximately 23 townhouses as allowable in B-2 with additional standards (remaining townhouses and single-family dwellings are part of the other land use request on two adjoining parcels). A previous rezoning request for a single-family development on two adjoining parcels was denied by Town Counçil in November 2024 on the basis of having only one entrance proposed through the existing Governor's Hill development. This current request adds a new entrance from Burks Hill Road / Moneta Road and new townhouse units. The intent of the B-2 zoning district is as follows: 606.01. Intent of General Business District B-2. This district is designed to accommodate a wide variety of highway and automobile-oriented business uses to which the public requires direct and frequent access, but which are not characterized by either constant, heavy truck traffic other than stocking and delivery of retail goods, or by any nuisance factors other than occasioned by incidental noise of congregation of people and passenger vehicles. Townhouse is defined as: "A unit in a multifamily dwelling providing a dwelling for a single-family, in which separate access to the outside is usually provided, and in which the major orientation of the unit is usually vertical rather than horizontal; or any condominium unit of similar physical character, appearance, and structure. " Section 606.04.1. permits townhouses in B-2 with a conditional use permit as follows: "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." The density of the proposed housing on the seven-acre parcel is 3.28 dwelling units per acre (23 units on seven acres), which is below the maximum 16 allowed. Townhouses would require a site plan that follows the standards of Section 811 of the zoning ordinance (attached). The entrance to the property is through 1031 Moneta Road, which has a house on the parcel. An additional amount of land is being included at the entrance on the right side from Lighthouse Freewill Baptist Church to provide the required 50-foot wide right-of-way required for a public street. This additional land does not require a land use change. 1 Comprehensive Plan: The Comprehensive Plan has provisions for more intense residential development through zoning in the Land Use section as follows (underlined): 3. Single Family Residential Neighborhoods The character of the single family neighborhoods throughout Town is identified as an attractive asset. The provisions of the R-1 zoning district provisions should be assessed to determine their appropriateness in 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 more intense residential development (both in terms of design and density) toward areas of non- residential development (which would benefit fromsuch an alignment in terms of customer and employment base). With the addition of an entrance to Burks Hill Road / Moneta Road, density is directed toward an area of non-residential development, which would encourage development traffic to use the higher volume travel route. Land Uses: The parcel currently has two houses and two other structures on it that would be demolished. Immediately adjoining uses of land are single-family detached dwellings on large lots, commercial uses and a church. Most single-family dwellings along Moneta Road appear to be rental property. Transportation: The entrançe is proposed on Burks Hill Road / Moneta Road / Route 122 at 1031 Moneta Road. Proposed streets in the development would be built to a public standard for inclusion in the public road system, and would tie in to a proposed public street that would lead to the adjoining Governor's Hill subdivision at Crest Ridge Drive. The Virginia Department of Transportation provides estimated traffic counts in the Town. The average daily vehicle traffic estimate at the proposed entrance on Moneta Road / Burks Hill is shown as 6,700 and 9,100 vehicles per day at that point (VDOT, 2022). There may be two numbers based on the road name change from Moneta Road to Burks Hill at that point in the road. It should be noted that the public right-of-way is very wide on the side of the street at the development. With the number of all residential units for both zoning requests, the applicant estimated 1,761 total vehicle trips per day for 149 single-family detached dwellings with the total 120 townhouse units. The applicant estimated the peak number in the morning would be 138 vehicles, and estimated 186 vehicles in the evening peak. This estimate did not describe what streets would be used for the traffic generation split. It is assumed most vehicles would use Burks Hill / Moneta Road for convenience. School-Age Population: Based on the number of 23 townhouses and a factor of 0.545 students per unit, the estimated K-12 school population would be 13 students. Taken as the whole development proposal for three parcels, 149 single-family detached units would have a rough estimate of 66 students (factor 0.44 students per single-family detached dwelling). For all 120 townhouse units ("single-family attached"), the rough 2 estimate of students is also 66 (0.545 per attached unit) for a total estimate of 132 K-12 students for the development (from National Association of Home Builders, 2020). Environment Topography on the sitei is moderate but will be surveyed as part of the site plan development. Development of the site will be subject to review and permitting for erosion and sediment control and stormwater management by Bedford County Natural Resources Division. All stormwater must be retained and treated on the site per State law. Two stormwater management ponds are shown on the concept plan. This may change with final survey and subdivision layout. OpenSpace (Section 811.05.b.): For townhouse developments, open space shall be provided at one percent of the gross area of land, which would be 0.07 acres (3,049 square feet). However, this calculation may need to be refined in the site plan and subdivision process if the adjoining development is approved as one plan. Three "open space" areas are shown around thel buildings. Utilities and Other Site Considerations: A concept plan was discussed at a development review meeting of outside agencies held on January 15, 2025. 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 that will be confirmed when all water and sewer calculations are provided based on the final number of housing units. Electricity will be provided by the Town Electric Department, which has capacity. The Land Development Regulations require sidewalks and street lights as part of the road design. Street trees are required for townhouse developments (Section 809.03.a.). The street section provided with the concept shows sidewalks and street lights but not street trees where required. The costs of these improvements are the responsibility of the developer. Conditions: The developer has not offered conditions as part of the request. The Commission may recommend conditions and Town Council could require them to mitigate issues that are identified during the hearing process. Planning Commission Action: Section 1002.03.d. The application shall be sent to the commission for review, recommendation, and public hearing thereon, and said commission shall have 100 days within which to submit a report. If the commission fails to submit a report within a 100 day period, it shall be deemed to have recommended approval of the proposed conditional use. This request for townhouses could be recommended for approval independent of the adjoining request for the rezoning to R-3. If Council does not grant the rezoning request, they could still approve a conditional use permit for townhouses on that parcel. Conditional Use Permit Review by Council: 1002.03. f. In evaluating the proposed conditional use, the council shall address the following concerns: 1. Whether the proposed conditional use is consistent with the comprehensive plan. 2. Whether the proposed conditional use will adequately provide for safety from fire hazards and have effective measures of fire control. 3 3. The level and impact of any noise emanating from the site, including that generated by the proposed use, in relation to the uses in the immediate area. 4. The glare or light that may be generated by the proposed use in relation to uses in the immediate area. 5. The proposed location, lighting and type of signs in relation to the proposed use, uses in the area, and the sign requirements of this chapter. 6. The compatibility of the proposed use with other existing or proposed uses in the neighborhood, and adjacent parcels. 7. The location and area footprint with dimensions (all drawn to scale), nature and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood. 8. The nature and extent of existing or proposed landscaping screening and buffering on the site and in the neighborhood. 9. The timing and phasing of the proposed development and the duration of the proposed use. 10. Whether the proposed conditional use will result in the preservation or destruction, loss or damage of any topographic or physical, natural, scenic, archaeological or historic feature of significant importance. 11. Whether the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public. 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, all in relation to the public's interest in pedestrian and vehicular safety, efficient traffic movement and access in case of fire or catastrophe. 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 Bedford. 14. Whether the proposed conditional use will be served adequately by essential public façilities and services. 15. The effect of the 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 transportation. 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 comprehensive plan. 20. Whether the proposed conditional use considers the needs of agriculture, industry, and businesses in future growth. 21. The effect of the proposed conditional use in enhancing affordable shelter opportunities for residents of the town. 22. The location, character, and size of any outdoor storage. 23. The proposed use of open space. 24. The location of any major floodplain and steep slopes. 25. The location and use of any existing non-conforming uses and structures. 26. The location and type of any fuel and fuel storage. 27. The location and use of any anticipated accessory uses and structures. 28. The area of each use, if appropriate. 4 29. The proposed days/hours of operation. 30. The location and screening of parking and loading spaces and/or areas. 31. The location and nature of any proposed security features and provisions. 32. The number of employees. 33. The 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 the 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 the items in (1) and (2). 37. Utilities, with reference to location, availability and compatibility. 38. Any other matter reasonably related to the public health, safety, and general welfare 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 - three parcels highlighted in blue (combined land use requests shown). 2. Aerial Photo (2022) 3. Site and Area Photos 4. Section 811. Multifamily, Townhouse and Condominium Development Standards 5. Application with Concept Plan dated 2/18/2025 with Typical Roadway Section 5 Zoning Map GTRA 4300 R-1 R-1 S R-I PRD R-1 - Dag 2 - CrreS R-3 Governor's Joseph's PRD HIID PRD Dream T0D3 Dau Map 251 A-21 Bedford County R-1 Map 251-A-17 0 9 B B-2 Zoning Districts with Traffic Counts - Parcels 146B-1-1T, 251-A-1T, 251-A-2T Map 146B-1-11 e : Zoning Districts 1-2 B-2- General Business M-1- Manufacturing R-1 Low Density Residential R-1 R-3- High Density Residential PRD Planned Residential PMP Planned Memorial Park Traffic AADT 2022 A ADT 5,000 5,001 20,000 a Bedford Parcels natan Rn: VGI - Administrative Boundary February 27,2025 G0.03 05 0 6 Aerial Map AuEs d Eun 4 BO - - oseph's Dream Tsvp 5 S Map 251-A-2T Bedford County Map 251-A-1T Map 146B-1-1T a Aerial Image with Traffic Counts - Parcels 146B-1-1T, 251-A-1T, 251- A-2T Traffic - AADT - 2022 ADT 0 5,000 5,001 20,000 Bedford Parcels 00.03.05 0.1 0:15 y : Administrative Boundary Miles ebruary 27,2025 7 Site Photos Entrance to Site (1031 Moneta Road): Na Burks Hill Road / Moneta Road - view north: 8 Site Photos Burks Hill Road / Moneta Road - view south: Sec. 811. Multifamily, townhouse and condominium development. 811.01. Applicants for use permits for multifamily developments, herein defined as one or more multifamily buildings, shall meet the following special requirements. These requirements shall apply to any structure of similar use, physical structure and character, regardless of type of ownership. 811.02. 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 of one inch to not more than 100 feet. b. The following information shall be required in addition to the information required of site plans and applications in section 1002.03 of this Land Development Ordinance. 1. The date of the site plan, the name of the surveyor or engineer preparing it, and the 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. 4. Av vicinity map showing the location and area of the proposed development. 5. The boundary lines, area, and dimensions of the proposed development, with the locations of property line monuments shown. 6. The location and dimensions of all existing streets and street rights-of-way, easements, water, sewerage, drainage facilities, and other community facilities and utilities on and adjacent to the proposed development. 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 toi 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, signifiçant natural features to be retained, and fencing and screening. C. 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 requirements of the ordinance. Created: 2025 02 -es e8:10:38 [EST) (Supp. No. 30) Page 1 of 4 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 involved. e. When and if such site plan is approved, an irrevocable letter of credit, certified check, performance bond or other surety of 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, satisfactory to the town attorney and town manager, and approved by the zoning administrator. Said bond shall be 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. 811.03. 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 16 units per acre. 811.04. Utilities and streets. All multifamily developments shall meet the following requirements for utilities and streets. a. All multifamily developments shall connect to public water and sewer systems unless an alternative system is approved via conditional use permit. The internal layout of the water and sewer: systems of the development shall be of a design satisfactory to the Bedford Regional Water Authority or other applicable town staff and shall be open to inspection. b. The storm drainage facilities of any multifamily development shall connect to the storm sewer system of the town, where available. Where such systems are unavailable, the development shall provide appropriate on site stormwater facilities. Curbs and gutters shall be provided on all internal streets and shall meet standards for curbs and gutters for public streets established by the Virginia Department of Transportation. C. An internal street system shall be provided to furnish convenient access to multifamily units and shared facilities, and shall meet the following requirements: 1. All internal streets shall be permanently constructed to current town or VDOT standards. 2. Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible. 3. Lighting shall be provided in such a way as to produce a minimum of 0.1 footcandles at street level throughout the system. 4. Entrances shall be provided in sufficient numbers to ensure safe and convenient access and egress. Where the proposed development adjoins two or more streets, entrances shall be provided on at least two streets where possible, provided that the street system shall be so designed as to discourage through traffic. d. The electrical and solid waste provisions of multifamily developments shall meet the following requirements: 1. Electrical supply and distribution systems shall meet applicable requirements of the building code and of the town electric department and shall connect to the electrical system of the town; all electrical facilities shall be installed below ground. 2. Refuse shall be stored in an area enclosed to a height of at least five feet with a concrete base and with sufficient screening (either constructed or fully developed vegetative) to prevent outside view of the stored refuse. 811.05. Amenities. All multifamily developments shall meet the following minimum requirements for open space, recreation, and other amenities: Created: 2025-02- -05 08: :1e:38 [EST) (Supp. No. 30) Page 2 of 4 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 muitifamily development occupied by multifamily dwellings, accessory uses, driveways, or parking areas, and including outdoor recreation areas, shall meet the following requirements: 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 not include areas included in minimum yard area requirements. 2. In multifamily developments of over 150 units in size, provision shall be made for adequate supervision of recreational areas. 3. Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shalt be located away from concentrations of vehicular traffic. C. Fencing or vegetative screening shall be provided, as outlined in section 809 of this Land Development Ordinance. Fencing where required shall be maintained in a safe condition and shall be kept in good repair. d. Paved common walks of a width of at least four and one- -half feet shalt 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 be incorporated into the street curb. Walk grades shall not exceed ten percent, lights shall be provided sufficient to illuminate steps to a level of at least 0.03 footcandles. e. Refuse shali be stored in an area enclosed to a height of at least five feet with a concrete base and with sufficient screening (either constructed or fully developed vegetative) to prevent outside view of stored refuse. Refuse shall be stored in water resistant, rodentproof containers with attached lids. Such containers shall be of sufficient capacity to store all refuse properly. f. Street trees shall be provided as outlined in section 809 of this Land Development Ordinance. Be in accordance with the following requirements: 1. Permanent buildings housing management offices, day care centers, laundry facilities, or indoor recreational facilities or other service facilities may be permitted in multifamily developments provided that they: (a) Shall meet parking requirements for such facilities as specified in section 812. (b) Shall be subordinate to the residential use and character of the development; (c) Shall be located, designed and intended to serve the service needs of persons residing in the development; (d) Shall present no visible evidence of their nonresidential character to any area outside the development; (e) Shall meet all applicable federal, state and local requirements pertaining to such uses; and (f) Shall not occupy more than ten percent of the area of the development. 811.06. In addition to the above requirements, townhouse and duplex type condominium or rental developments shall meet the following specific requirements: Created: 2025 02-05 08:10:38 [EST) (Supp. No. 30) Page 3 of 4 a. No more than 12 townhouses shall be included in any building, each of which shall be at least 16 feet in width, all of which shall have an average width of at least 20 feet. Duplex lot width, lot area, lot width at corner lots, and maximum coverage shall meet applicable requirements. b. Minimum yard requirements shall be provided as follows: 1. Front yard depths on internal private streets shall be at least 15 feet from any street or parking area. 2. Front, rear and side yard requirements on public streets or other land not part of the proposed development shall be as prescribed 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. 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 20 feet from any other building containing a group of four or less dwelling units. C. Height shall be no more than 40 feet measured from the average level of the ground adjacent to the front exterior wall. 811.07. In addition to the requirements specified for multifamily dwellings in sections 811.01 through 811.06, apartment developments shall meet the following special requirements: a. Minimum yard requirements for apartment developments shall be 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 40 feet, an additional foot of yard depth shall be required. b. Interior yards shall be provided as follows: 1. Front yard depths on internal streets shall be at least 15 feet in depth provided that for each foot above 40 feet in height, an additional foot of front yard depth shall be provided. 2. Distances between multifamily dwellings shall be as provided in section 811.08, provided that for each additional foot in height per building over 40 feet, one additional foot of distance between buildings shall be provided. C. Height of multifamily dwellings shall be no more than 50 feet measured from the average level of the ground adjacent to the front exterior wall. d. Party walls and other fire retardation structures shall be provided in accordance with specifications of the building official. 811.08. Minimum distance between buildings. The following minimum distances between buildings located on the same lot or parcel shall be required unless otherwise specified within this Land Development Ordinance: a. Front to front arrangement --40 feet. b. Front to rear arrangement - 50 feet. C. Rear to rear arrangement - 30 feet. d. Side to side arrangement - 30 feet. e. All other arrangements -30 feet. (Ord. No. 24-2, 3- 12- 2024) Created: 2025-02- -es e8:18:38 [EST) (Supp. No. 30) Page 4 of 4 For staff use Town of Bedford, Virginia Date received: Received by Department of Planning & Community Development 215E E. Main Street Bedford, VA 24523 $150 Fee: 2 Site plan copies (540) 587-6021 . cohnson@bedondkagox Zoning District; Owner's Authority Letter if applicable CONDITIONAL USE PERMIT APPLICATION Please print or type. Ifnot applicable, write N/A. APPLICANT INFORMATION Property Owner Name: KEVIN VENHORST Address: 1079 WILLS WAY, FOREST, VA 24502 Phone: Email: Appliçant Name: WHITE ENGINEERING & DESIGN Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 Email: JWHITE@WHITEEANDD.COM Primary Contact: JAMEY L. WHITE, P.E. Address: P.O. BOX 1334, FOREST, VA 24551 Phone: 434-660-3007 Email: Mhte@whiteanda.com PROPERTY INFORMATION Location address: 1031 &1035 MONETA ROAD Business Name (current or future): RANBOWELLEN LLC Zoning District: B-2 Current Use of Property: SINGLE-FAMILY Tax Map Number: 146B 1 1-T RPC Number: 14618900 APPLICATION INFORMATION What specifiç land use are you requesting from the Land Development Regulations Zoning Ordinance? MULTI-FAMILY TOWNHOMES Please summarize the grounds upon which this request is based (attach additional sheets if necessary). The developer intends to uset this lotir in combination with the adjoining proposed development lo alow fort townhomes anda public roadway to connect tol Rt 122. March 12, 2024 Page 1 of5 To evaluate the proposed conditional use, please address the following concerns: 1. How is the requested conditional use consistent with the comprehensive plan? THIS LOT IS CURRENTLY: ZONED ASE B-2 BUT IS USED AS SINGLE FAMILY. OUR PROPOSED USE WILL BE MORE CONSISTANT WITH THE ADJOING PROPERTIES TO THE NORTH. 2. How will the proposed conditional use affect the current and future traffic in the vicinity? THIS USE. ALLOW FORI BETTER TRAFFIC FLOW THRU THE PROPOSED. ADJOING DEVELOPMENT AND RELIEVE TRAFFIC CONGESTION THRU THE GOVERNORS HILL DEVELOPMENT AND REDUCE IMPACTS TO THE INTERSEÇTION OF BURKS HILL ROAD AND INDUSTRIAL AVE. 3. How will the proposed conditional use at the specified location contribute to or promote the welfare or convenience of the public? THIS PROPOSED DEVELOPMENT WILL CONNECT TO A SIMILAR TYPE OF DEVELOPMENT AND WILL MAINTIAN THE EXISTING CHARACTER. THE TRAFFIC BENEFITS WILL BE A POSITIVE IMPACT TO THE SURROUNDING COMMUNITY, CERTIFICATION I hereby certify that this application is complete and accurate to the best of my knowledge. - authorize staff for the Town of Bedford to enter the property for purposes of reviewing this request and for placing a sign as notice of public hearings. I have provided a site plan and the required application fee. I understand that I am responsible for all advertising fees associated with placing required legal notices in newspapers or other media. Applicant Signature: Date: 1/17/25 Print Name: JAMEY L. WHITE, P.E. 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 issuançe date Business license issuance date if commercial 2 TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution = Conditional Use Permit for "Homestay" at Tax Map Number 153-A-10T in the R-1 District DATE OF COUNCIL MEETING: April 8. 2025 DATE: March 31, 2025 PRESENTATION: On March 6, 2025, the Planning Commission held a public hearing to decide whether property located at 926 Lake Drive can be recommended for approval of a conditional use permit for a "Homestay". The applicants and one proponent spoke at the public hearing; the proponent was in favor of Homestay as a use and supported the request. The Planning Commissioners asked about the number of bedrooms and how many occupants that allowed and how many parking spaces were required in the Homestay ordinance. One bedroom would allow two adults and the zoning ordinance requires 1.5 spaces per house. A motion was made to recommend approval ofthe request. The motion to recommend approval without conditions passed unanimously. ACTION REQUESTED: Town Council is requested to consider a Resolution to approve a conditional use permit for a "Homestay" located at 926 Lake Drive, Tax Parcel 153-A-10T. Council may impose conditions if needed. Attachments: Resolution Staff Report "Homestay" Use Standards - Section 808 YES NO OTHER ROUTING DATE: EVANS ( / ( ( TOWN ATTY. () I.T. FOREMAN ( ) ( ) ( ) COMM. DEV. () POLICE - APPROVED ( FOSTER ( ) ( ) ( ) ELECTRIC ( ) PUBLIC SERV. ( ) DENIED ( HAILEY ( ) ( ) ( ) ENGINEERING ( ) OTHER ( / DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( - ) FIRE DEPT. ( ) UPDIKE ( ) ( ) J ( ) H.R. ( RESOLUTION PERMITTING "HOMESTAY" BY CONDITIONAL USE PERMIT IN THE R-1 ZONING DISTRICT WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on March 6, 2025; and 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; and WHEREAS, the Land Development Regulations allow "Homestay" use to be permitted with a conditional use permit per Section 601.03.d. Single-Family Residential (R-1) zoning districts; 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 Phillip and Barbara Raintree / Raintree Family Trust for the property located at 926 Lake Drive (identified as tax parcel 153-A-10T) to allow a "Homestay" use without conditions per Section 808 of the Zoning Ordinance. Staff Memorandum - Conditional Use Permit Request Planning Commission - March 6, 2025 Applicant / Property Owner: Phillip and Barbara Raintree / Raintree Family Trust Address of Subject Property: 926 Lake Drive Tax Map Number: 153-A-10T Lot Size: 1.642 acres Existing Use: Single-Family Residential Requested Use: "Homestay" Zoning District: Low Density Residential - R-1 The applicant is requesting to use a single-family residence as a "Homestay" zoning use. Land Uses and Zoning: The property is a larger parcel on a residential street with smaller-sized lots. Surrounding land uses are single-family residences. The intent of zoning districts guides development requests. The Intent of Low Density Residential R-1 is: 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. Itis 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 not be provided in the future. Homestay is defined in Section 302: Homestay. The accessory or secondary use of a residential dwelling unit, or a portion thereof, to provide room or space that is intended for short-term transient rental purposes for a fee. In the R-1 zoning district, a "Homestay" can be allowed with a conditional use permit per Section 601.03.d. The ordinance has special provisions in section 808 (attached). All of the provisions will apply if the use is approved. Off-street parking is provided on the site. Transportation: The traffic generation should be the same as similar-sized houses in the neighborhood. Occupants can come from two directions to reach the house. Noise: The applicant as operator of a "Homestay" 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: No effect. Conditions: The applicants have not offered conditions as part of the request. The Commission may recommend conditions and Town Council could require them to mitigate issues that are identified during the hearing process. Planning Commission Action: Section 1002.03.d. The application shall be sent to the commission for review, recommendation, and public hearing thereon, and said commission shall have 100 days within which to submit a report. If the commission fails to submit a report within a 100 day period, it shall be deemed to have recommended approval of the proposed conditional use. Conditional Use Permit Review by Council: 1002.03. f. In evaluating the proposed conditional use, the council shall address the following concerns: 1. Whether the proposed conditional use is consistent with the comprehensive plan. 2. Whether the proposed conditional use will adequately provide for safety from fire hazards and have effective measures of fire control. 3. The level and impact of any noise emanating from the site, including that generated by the proposed use, in relation to the uses in the immediate area. 4. The glare or light that may be generated by the proposed use in relation to uses in the immediate area. 5. The proposed location, lighting and type of signs in relation to the proposed use, uses in the area, and the sign requirements of this chapter. 6. The compatibility of the proposed use with other existing or proposed uses in the neighborhood, and adjacent parcels. 7. The location and area footprint with dimensions (all drawn to scale), nature and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood. 8. The nature and extent of existing or proposed landscaping, screening and buffering on the site and in the neighborhood. 9. The timing and phasing of the proposed development and the duration of the proposed use. 10. Whether the proposed conditional use will result in the preservation or destruction, loss or damage of any topographic or physical, natural, scenic, archaeological or historic feature of significant importance. 11. Whether the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public. 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, all in relation to the public's interest in pedestrian and vehicular safety, efficient traffic movement and access in case of fire or catastrophe. 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 Bedford. 14. Whether the proposed conditional use will be served adequately by essential public facilities and services. 15. The effect of the proposed conditional use on groundwater supply. 16. The effect of the proposed conditional use on the structural capacity of the soils. 2 17. Whether the proposed use will facilitate orderly and safe road development and transportation. 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 comprehensive plan. 20. Whether the proposed conditional use considers the needs of agriculture, industry, and businesses in future growth. 21. The effect of the proposed conditional use in enhancing affordable shelter opportunities for residents of the town. 22. The location, character, and size of any outdoor storage. 23. The proposed use of open space. 24. The location of any major floodplain and steep slopes. 25. The location and use of any existing non-conforming uses and structures. 26. The location and type of any fuel and fuel storage. 27. The location and use of any anticipated accessory uses and structures. 28. The area of each use, if appropriate. 29. The proposed days/hours of operation. 30. The location and screening of parking and loading spaces and/or areas. 31. The location and nature of any proposed security features and provisions. 32. The number of employees. 33. The 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 the 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 the items in (1) and (2). 37. Utilities, with reference to location, availability and compatibility. 38. Any other matter reasonably related to the public health, safety, and general welfare 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. Site Photographs 2. Aerial Map the parcel is the lower one of two highlighted in blue. 3. Zoning Map - the parcel is the lower one of two highlighted in blue. 4. Section 808 - Homestay 5. Application 3 Site Photographs 926 Lake Drive % N Adjoining Houses Left d 3 455 6. N SFA 4 - - 4 Adjoining Houses - Right Across Lake Drive 5 Aerial Map = 926 Lake Drive outlined in blue (lower parcel) 311 A 1206 1303 RLANI 1207 6 2 0 1119 1105 1118 1116 1114 1412 1110 1101 GALIIVES 1135 A600 1117 10219 Map 153-A-3T fh 1017 0T6 1108 1015 16 I TT06 1012 153-A-10T B Map 1010; 1002 1000 944 940 938 932 926 922 918 a 1003 916 912 1006 $084 DE GADD 1000 : / I 1003 1001 941 937 933 931 925 917 915 913 999. V 937 - 928 926 921 933 - 920 924 931 927 1 922 914 "925 Cer 915 921 1002 Aerial Map with 900 916 Traffic Counts - Parcels 153-A-3T, 827 919 04 908 153-A-10T - 909 - - - 906 Traffic AADT 2022 810 806 830 802 902 ADT ESASS 0-5 5,000 N 8p3/ 8 Bedford Parcels go.00 q2 865 S - february ) 27,2025 - - Miles 6 Zoning Map - 926 Lake Drive outlined in blue (lower parcel) 1512 1516 1250 1520 - 1318 1314 1240 AGI à 1417 R-1 1313 1521 51 1306 E 2 234 R-1 51 R-1 4300 321 31 1206 130 s 1207 1204 - 202 R-I V0S 1746 1110 1312 215 1101 MLAVEO 1134 55AE 1117 102 Majp 153-A R-1 1109 1108 1047 1015 1105 R-1 1106 032 110 Map 153 10T 1104 1010 1101 1002 940968884 022.918 916 70G8 912 908 1006 R-I 007 000 R-1 10061003 17 915 13 309 937 28 926 921 933 4 0 90 R-1 922 934 92 915 84 9301 1002 900 916 Zoning Districts with 906 827 915 Traffic Counts - 909 904 - - 908 Parcels 153-A-3T, 907 3o 909 906 R-1 306 905 830 802 902 913 153-A-10T 340 909 803 805 808 912 Zoning Districts 920 R-1 R-1 Low Density Residential 24 2o 803 S 819 801 772 800 R-1 Traffic - AADT - 2022 814 768 806 371 ADT 817 64 0- 5,000 815 813 811 809 767 Bedford Parcels Virgin Seonephic Information Netu a a 5 = 7 Sec. 808. Homestays. 808.01. Applicability. The supplemental regulations set out in this section shall apply to any homestay units permitted by this Land Development Ordinance, by right or by conditional use permit. 808.02. Registration and other requirements. a. No host occupant shall operate a homestay or advertise a 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. As a condition of registration, the host occupant shall show proof of the unit's proper wastewater function, defined as licensed pumping of a private septic system within the past five years or licensed inspection of the unit's connection to the public wastewater system. d. The registration shall be valid from January 1st (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 of adult guests in a homestay unit is limited to two per bedroom. C. The principal guest of a homestay unit shall be at least 21 years of age. d. No outdoor signs in conjunction with the homestay shall be displayed on the property, unless located in zones B-1 or B-2. e. 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 24 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the homestay unit. g. The primary use of any homestay unit shall remain residential. h. Such secondary use does not include simultaneous occupancy by more than one party under separate contracts. 808.04. Safety regulations. a. There shall be a working fire extinguisher compliant with applicable codes located in the homestay unit. b. The unit shall have working smoke alarms and carbon monoxide detectors meeting underwriters laboratory standards that are properly inspected and maintained, and are installed as follows: 1. In all sleeping areas. 2. In every room and hallway in the path of egress travel from the bedroom to the primary exit. 3. In each story within the sleeping unit, including basements. C. Any bedroom must have a minimum of one emergency escape and egress opening in addition to the primary entrance/exit point. ei -14-2025 Page 1 of 2 d. As part of the registration process, the host shall certify that the homestay unit meets the requirements of this section and other applicable regulations. The registration forms shall also provide that, as part of the registration, the 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 suspension. 808.05. Enforcement. a. A record 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 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 employees in the course of their work. C. A violation shall be considered substantiated is verified by the zoning administrator or their designee, the building official or their designee, or an officer or employee of the Town of Bedford Police Department. 808.06. Registration suspension or cancellation. a. A registration may be suspended or cancelled for the following reasons: 1. Failure to collect and/or remit the transient occupancy tax. 2. Three or more substantiated complaints within a six-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 of suspension or cancellation issued under the provisions of this section shall contain: 1. A description of the violations constituting the basis of the suspension or cancellation; 2. Ifa applicable, a statement of acts necessary to correct the violation; and 3. A: statement that if no request for a hearing is made within ten days from the date of the notice, the registration will be suspended or cancelled; C. Such notice shall be sent by: 1. Certified mail or e-mail to the addresses in the registration form; and 2. A copy of the notice shall be posted in a conspicuous place on the premises. d. If requested, a hearing shall be held before the zoning administrator or the zoning administrator's designee. It is the burden of the host to demonstrate, by a preponderance of 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 a homestay without registering as required by this article, after a registration has been suspended or cançelled or in violation of any other requirement of this article; the penaity shall be a fine of $1,000.00 per occurrençe. (Ord. No. 24-2, 3-12- 2024; unofficial text from 01 14-2025 Ord. No. 25- 1) 01-14-2025 Page 2 of 2 For staff use Town of Bedford, Virginia Date recerved Received by Department of Planning & Community Development $150 Fee 2 Site plan copes: 215E. Main Street Bediord, VA 24523 EC (540) 587-6021 e gphnsom@bedindvagow Zoning District Owner's Authonty Letter if applcable 22025542 CONDITIONAL USE PERMIT APPLICATION Please print or type. Ifnot applicable, write N/A. APPLICANT INFORMATION Property Owner Name: Phillip & Barbara Raintree, Trustees - Raintree Family Trust Address: 1003 Big Island Hwy, Bedford, VA 24523 Phone: (540) 874-4054, (540)309-3341 Email: praintree@holmail.com: Deraintree17@hotme Applicant Name: Phillip & Barbara Raintree Address: 1003 Big Island Hwy, Bedford, VA 24523 Phone: (540) 874-4054, (540)309-3341 Email: pranree@@homal.com, Deraintree17@holtme Primary Contact: Phillip Raintree Address: 1003 Big Island Hwy Phone: (540) 874-4054 Email: praintree@hotmai.com PROPERTY INFORMATION Location address: 926 Lake Drive, Bedford, VA 24523 Business Name (current or future): Gateway Cottage Zoning District: R-1 Current Use of Property: Single Family Residence Tax Map Number: 153A 10-T RPC Number: 80502283 APPLICATION INFORMATION What specific land use are you requesting from the Land Development Regulations / Zoning Ordinance? Homestay Please summarize the grounds upon which this request is based (attach additional sheets if necessary). As our Town of Bedford institutes its Comprehensive Plan to include population growth and development, it needs to attract industry, retail business, recreational facilities, tourist attractions, and highly-regarded educational opportunities. For these developments, hospitality is also a necessity. There are many who prefer the privacy and home-like atmosphere that homestays provide. (see attached) March 12, 2024 Page 1 of5 To evaluate the proposed conditional use, please address the following concerns: I. How is the requested conditional use consistent with the comprehensive plan? Supports Tourism: (see attached) Supports Local Business and Restaurants: (see attached) Supports Growih in Population: (see attached) Supports People on Temporary Work Assignments: (see attached) 2. How will the proposed conditional use affect the current and future traffic in the vicinity? No additional traffic. Plenty of off-street parking available. 3. How will the proposed conditional use at the specified location contribute to or promote the welfare or convenience of thej public? The property upkeep and the guests will be closely monitored. Itis a clear, consistent use of the property, which requires us to be good neighbors and maintain good relations, Ttis a close, convenient place for neighborhood families to host out-of-town friends and famiy. CERTIFICATION Ihereby certify that this application is complete and accurate to the best of my knowledge. I authorize staff for the Town of Bedford to enter the property for purposes of reviewing this request and for placing a sign as notice of public hearings. I have provided a site plan and the required application fee. I understand that I am responsible for all advertising fees associated with placing required legal notices in newspapers or other media. Applicant Signature: 2O AC a - ha Date: February 8, 2025 Print Name: Philip Raintree & Barbara Raintree Staff Use Oaly: 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 Visitors to Bedford come for many reasons: + Friends and family visits + Weddings and anniversaries + Celebrations of new life, birthdays, graduations, end-of-life memorials + Tourists, Blue Ridge Parkway travelers, hikers, cyclists, and marathon runners, boating and water sports enthusiasts + Contract work, competitions, educational purposes, retirement / relocation exploration. Supports Tourism: A quiet home base for hikers, bikers, runners, disc golfers, boaters, and people just looking to relax in a quiet setting. Supports Local Business and Restaurants: Visitors look for unique dining experiences while in town. The area has an exploding wedding venue business that needs housing for guests, wedding attendants, bride and groom. Supports Growth in Population: People planning a move to Bedford or looking for a place to retire need a relaxing home base that reflects the charm of the Town. Supports People on Temporary Work Assignment: Local businesses, health care, local government, public libraries, churches, D-Day Memorial, Bower Center, Holy Land - - all bring consultants and presenters. HARRY ALLEN aso' TM 15J-4-3 MLLS EST. INST NO. f PLAT D.B. F120000254 278 S6 8y2842E PG. 404 AR 213.28' AXLE FD. 26.47 a B à N 1.643 ACRES HOUSE 81.2' #926 & - E Bp : RD OmE IPS a RRE N 881555" M 2131 IPS % APPROX LOC. * WATERLNE LAKE ORIVE 40' R/W- PPROX Loc. 6* SAN SEWERUNE NOTES: 1. Phis plat has bsen prapared wilhout the benefl ol a Plat & tille report and therelors doas not necessony indicate all Survey-Plat Bk, 56 Pg68 encumbronces upon the tille. 2. Exoct locotion of underground utiltios and improvements unknow, 7ME OPACEOF J. This praperty as platted folls wilhin flood SLSHER SURVEMNG zong x af ae Firdimul Asverumer Aote ASSOCIATES, Mop One Hundred Yeor Flood Ploin. AND RG LAND SURVEMING AND PLANNING 4. Tnis plat doss not address the axhtencs, delection or Ra sox 646 delinealion of any anvionimentoly, sensilive areos or any BEDROKD MRGINIA. 24523 enviammantul problems locoted ithin the perimeter of the 540-586-9157 property shown, sluheaunepoherkonnet DATE: 11-08-12 PLAT SHOWING RE-SURVEY OF REMISED: PROPERTY LOCATED AT 926 LAKE DR. OWNBD BY: SCALE l"a 50' THE ESTATE OF: TAX MAP 153-A-10 NAN REYNOLDS PRECISION 1:20,0004 paNdRD SLUBEER SOURCE: W.B. 151 PG. 210 Zo. NO. 1246 COMM. NO. 13570 ORIGIONAL SOURCE OF TITLE DEED sinhy DRAHN BY: D.W.S. BOOK 220 PAGE 223 CITY OF BEDFORD, VIRGINIA SUs CHECKED BY: TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM ITEM: Resolution - Conditional Use Permit for "Homestay", at Tax Map Number 153-A-3T in the R-1 District DATE OF COUNCIL MEETING: April 8, 2025 DATE: March 31, 2025 PRESENTATION: On March 6, 2025, the Planning Commission held a public hearing to decide whether property located at 1135 Lakeview Lane can be recommended for approval of a conditional use permit for a "Homestay". The applicants spoke at the public hearing. There were no other speakers. The applicant stated there are four bedrooms and three parking spaces. They would allow six adults and children. No events or gatherings would be permitted. A motion was made to reçommend approval of the request without discussion. The motion to recommend approval without conditions passed unanimously. ACTION REQUESTED: Town Council is requested to consider a Resolution to approve a conditional use permit for a "Homestay" located at 1136 Lakeview Lane, Tax Parcel 153-A-3T. Council may impose conditions if needed. Attachments: Resolution Staff Report "Homestay" Use Standards - Section 808 YES NO OTHER ROUTING DATE: EVANS ( ) ( ) ( ) TOWN ATTY. () I.T. ( FOREMAN ( ) ( ) ( ) COMM. DEV. () POLICE APPROVED ( FOSTER ( ) ( ) ( ) ELECTRIC () PUBLIC SERV. ( ) DENIED - HAILEY ( ) ( ) ( ) ENGINEERING ( - ) OTHER ( DEFERRED TO: IPPOLITO ( ) ( ) ( ) FINANCE ( ) STANLEY ( ) ( ) ( ) FIRE DEPT. ( ) UPDIKE ( ) ( ) ( ) H.R. ( J RESOLUTION PERMITTING "HOMESTAY" BY CONDITIONAL USE PERMIT IN THE R-1 ZONING DISTRICT WHEREAS, the Planning Commission of the Town of Bedford held a public hearing on March 6, 2025; and 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; and WHEREAS, the Land Development Regulations allow "Homestay" use to be permitted with a conditional use permit per Section 601.03.d. Single-Family Residential (R-1) zoning districts; and WHEREAS, the Town Council finds as a fact that the proposed use is consistent with the intent ofthe 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 Phillip and Barbara Raintree / Raintree Family Trust for the property located at 1135 Lakeview Lane (identified as tax parcel 153-A-3T) to allow a "Homestay" use without conditions per Section 808 of the Zoning Ordinance. Staff Memorandum - Conditional Use Permit Request Planning Commission - March 6, 2025 Applicant / Property Owner: Phillip and Barbara Raintree / Raintree Family Trust Address of Subject Property: 1135 Lakeview Lane Tax Map Number: 153-A-3T Lot Size: 1.81 acres Existing Use: Single-Family Residential Requested Use: "Homestay" Zoning District: Low Density Residential - R-1 The applicant is requesting to use a single-family residence as a "Homestay" zoning use. Land Uses and Zoning: The property is a large parcel at the end of a residential street with smaller-sized lots along the way. Surrounding land uses are single-family residences, vacant parcels, and a private lake. The owners own the large parcel to the left. The intent of zoning districts guides development requests. The Intent of Low Density Residential R-1 is: 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 çommunity 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 not be provided in the future. Homestay is defined in Section 302: Homestay. The accessory or secondary use of a residential dwelling unit, or a portion thereof, to provide room or space that is intended for short-term transient rental purposes for a fee. In the R-1 zoning district, a "Homestay" can be allowed with a conditional use permit per Section 601.03.d. The ordinance has special provisions in section 808 (attached). All of the provisions will apply if the use is approved. Off-street parking is provided on the site. Transportation: The traffic generation should be the same as similar-sized houses in the neighborhood. Lakeview Lane dead ends at the vacant parcel owned by the applicant at the end of public road maintenance. Noise: The applicant as operator of a "Homestay" 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: No effect. 1 Conditions: The applicants have not offered conditions as part of the request. The Commission may recommend conditions and Town Council could require them to mitigate issues that are identified during the hearing process. Planning Commission Action: Section 1002.03.d. The application shall be sent to the commission for review, recommendation, and public hearing thereon, and said commission shall have 100 days within which to submit a report. If the commission fails to submit a report within a 100 day period, it shall be deemed to have recommended approval of the proposed conditional use. Conditional Use Permit Review by Council: 1002.03. f. In evaluating the proposed conditional use, the council shall address the following concers: 1. Whether the proposed conditional use is consistent with the comprehensive plan. 2. Whether the proposed conditional use will adequately provide for safety from fire hazards and have effective measures of fire control. 3. The level and impact of any noise emanating from the site, including that generated by the proposed use, in relation to the uses in the immediate area. 4. The glare or light that may be generated by the proposed use in relation to uses in the immediate area. 5. The proposed location, lighting and type of signs in relation to the proposed use, uses in the area, and the sign requirements of this chapter. 6. The compatibility of the proposed use with other existing or proposed uses in the neighborhood, and adjacent parcels. 7. The location and area footprint with dimensions (all drawn to scale), nature and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood. 8. The nature and extent of existing or proposed landscaping, screening and buffering on the site and in the neighborhood. 9. The timing and phasing of the proposed development and the duration of the proposed use. 10. Whether the proposed conditional use will result in the preservation or destruction, loss or damage of any topographic or physical, natural, scenic, archaeological or historic feature of significant importance. 11. Whether the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public. 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, all in relation to the public's interest in pedestrian and vehicular safety, efficient traffic movement and access in case of fire or catastrophe. 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 Bedford. 14. Whether the proposed conditional use will be served adequately by essential public facilities and services. 15. The effect of the proposed conditional use on groundwater supply. 16. The effect of the proposed conditional use on the structural capacity of the soils. 2 17. Whether the proposed use will facilitate orderly and safe road development and transportation. 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 comprehensive plan. 20. Whether the proposed conditional use considers the needs of agriculture, industry, and businesses in future growth. 21. The effect of the proposed conditional use in enhancing affordable shelter opportunities for residents of the town. 22. The location, character, and size of any outdoor storage. 23. The proposed use of open space. 24. The location of any major floodplain and steep slopes. 25. The location and use of any existing non-conforming uses and structures. 26. The location and type of any fuel and fuel storage. 27. The location and use of any anticipated accessory uses and structures. 28. The area of each use, if appropriate. 29. The proposed days/hours of operation. 30. The location and screening of parking and loading spaces and/or areas. 31. The location and nature of any proposed security features and provisions. 32. The number of employees. 33. The 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 the 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 the items in (1) and (2). 37. Utilities, with reference to location, availability and compatibility. 38. Any other matter reasonably related to the public health, safety, and general welfare 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. Site Photographs 2. Aerial Map - the parcel is the upper one of two highlighted in blue. 3. Zoning Map - the parcel is the upper one of two highlighted in blue. 4. Section 808 - Homestay 5. Application 3 Site Photographs 1135 Lakeview Lane / 9 - 6 I Driveway entry 3 E A - END TOWN MAINTENANCE P Adjoining Houses - Entry (looking back out to Lakeview Lane) Across the front 5 Adjoining Parcels Rear - 6 Aerial Map - 1135 Lakeview Lane outlined in blue (upper parcel) 13174 /1311 A 1206 1303 1207 5 1119 1105 1118 - 1116 1114 1112 1110 110.1 GAITALIZES 1135 AGON 1117 Map 153-A-3T 1021 1108 1047 1015 T 16 5 1106 I Map 153-A-10T 1012 1002 1000 944 940 932 926 1010, 938 922 918 1003 916 912 - 9084 1006 B GAI 1000 1003 1001 941 937 933 931 925 917 915 909 T - 913 937 - 928 926 921 933 920 924 931 1-927 922 914 915 925 CGI A 921 1002 Aerial Map with 900 916 Traffic Counts - Parcels 153-A-3T, 827 915 04 153-A-10T 908 909 Traffic - AADT - 906 - 2022 810 806 ADT 830 802 902 EEIPNY 6 0- 5,000 DTIDT 803/ 805 8 Bedford Parcels U 04 ( 90.00.02 - V February27,2025 - Miles 7 Zoning Map - 1135 Lakeview Lane outlined in blue (upper parcel) 1516 1542 1920 126D 1431 1314 1398 R-1 1240 1410 0313 $521 1507 B - 1306 0525 1254 0529 1515 R-I 1927 1309 R-1 1321 3315 0206 133 9207 1204 3019 202 R-1 D105 45 1136 1112 1101 1135 STBTIE 11187 1020 Ma 53 R-1 0109 108 1017 D1e 1185 R- 1015 010 0506 Map 153 101 12 010 002 935 jouu 1301 940938 26 2 44 1 1085 912 908 096 RD 1007 000 R-1 30 00051003 941 937 935 1 5 909 939 928 994 926 921 93 992 92 92- 90 R-1 222 903 - 975 905 910 921 1003 00 900 Zoning Districts with 956 916 909 827 915 Traffic Counts - 903 908 Parcels 153-A-3T, 407 CRRT pio 909 906 R-1 405 830 806 802 902 153-A-10T 906 B05g 805 808 Zoning Districts 920 R-1 912 R-1 Low Density Residential 924 820 803 819 800 772 Traffic - AADT - 2022 d 813 SA0 R-1 92 ROG ADT 925 UA à 65 0- 5,000 29 1E 813 11 809 262 Bedford Parcels Virgunis Seogr shic informat ion Netw Februar - 0 6 8 Sec. 808. Homestays. 808.01. Applicability, The supplemental regulations set out in this section shall apply to any homestay units permitted by this Land Development Ordinance, by right or by conditional use permit. 808.02. Registration and other requirements. a. No host occupant shall operate a homestay or advertise a 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. As a condition of registration, the host occupant shall show proof of the unit's proper wastewater function, defined as licensed pumping of a private septic system within the past five years or licensed inspection of the unit's connection to the public wastewater system. d. The registration shall be valid from January 1st (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 of adult guests in a homestay unit is limited to two per bedroom. C. The principal guest of a homestay unit shall be at least 21 years of age. d. No outdoor signs in conjunction with the homestay shall be displayed on the property, unless located in zones B-1 or B-2. e. 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 shali answer calls 24 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the homestay unit. g. The primary use of any homestay unit shall remain residential. h. Such secondary use does not include simultaneous occupancy by more than one party under separate contracts. 808.04. Safety regulations. a. There shall be a working fire extinguisher compliant with applicable codes located in the homestay unit. b. The unit shall have working smoke alarms and carbon monoxide detectors meeting underwriters laboratory standards that are properly inspected and maintained, and are installed as follows: 1. In all sleeping areas. 2. In every room and hallway in the path of egress travel from the bedroom to the primary exit. 3. In each story within the sleeping unit, inçluding basements. C. Any bedroom must have a minimum of one emergency escape and egress opening in addition to the primary entrance/exit point. 01-14- -2025 Page 1 of 2 d. As part of the registration process, the host shall certify that the homestay unit meets the requirements of this section and other applicable regulations. The registration forms shall also provide that, as part of the registration, the 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 suspension. 808.05. Enforcement. a. Ar record 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 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 employees in the course of their work, C. A violation shall be considered substantiated is verified by the zoning administrator or their designee, the building official or their designee, or an officer or employee of the Town of Bedford Police Department. 808.06. Registration suspension or concellation. a. Ar registration may be suspended or cancelled for the following reasons: 1. Failure to collect and/or remit the transient occupancy tax. 2. Three or more substantiated complaints within a six-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 of suspension or cancellation issued under the provisions of this section shall contain: 1. A description of the violations constituting the basis of the suspension or cancellation; 2. If applicable, a statement of acts necessary to correct the violation; and 3. As statement that if no request for a hearing is made within ten days from the date of the notice, the registration will be suspended or cancelled; C. Such notice shall be sent by: 1. Certified mail or e-mail to the addresses in the registration form; and 2. A copy of the notice shall be posted in a conspicuous place on the premises. d. If requested, a hearing shall be held before the zoning administrator or the zoning administrator's designee. It is the burden of the host to demonstrate, by a preponderance of 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. Its shall be unlawful to operate a 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. (Ord. No. 24-2, 3-12-2024; unofficial text from 01 14- 2025 Ord. No. 25-1) 01-14-2025 Page 2of2 For. siaff use Town of Bedford, Virginia Date reccived: Received by: Department of Planning & Community Development $150 Fee: 2 Site plan 215E E. Main Street Bedford, VA 24523 copies. (540) 587-6021 e qohnson@bedionbagov Zoning District: Owna' 's Authonty Letter ifa apphcable: 22025-543 CONDITIONAL USE PERMIT APPLICATION Please print or type. Ifnot applicable, write N/A. APPLICANT INFORMATION Property Owner Name: Phillip & Barbara Raintree, Trustees . Raintree Family Trust Address: 1003 Big Island Hwy, Bedford, VA 24523 Phone: (540) 874-4054, (540)309-3341 Email: prantree@hotimaln.com, Deraintree17@hotme Applicant Name: Phillip & Barbara Raintree Address: 1003 Big Island Hwy. Bedford, VA 24523 Phone: (540) 874-4054, (540)309-3341 Email: praintree@homal.com, Deraintree17@hotma Primary Contact: Phillip Raintree Address: 1003 Big Island Hwy, Bedford, VA 24523 Phone: (540) 874-4054 Email: praintree@hotmai.com PROPERTY INFORMATION Location address: 1135 Lakeview Lane, Bedford, VA 24523 Business Name (current or future): Tall Oaks Retreat Zoning District: R-1 Current Use of Property: single family residence Tax Map Number: 153A 3-T RPC Number: 80502873 APPLICATION INFORMATION What specific land use are you requesting from the Land Development Regulations / Zoning Ordinance? Homestay Please summarize the grounds upon which this request is based (attach additional sheets ifnecessary). As our Town of Bedford institutes its Comprehensive Plan to include population growth and development, itr needs to attract industry, retail business, recreational facilities, tourist attractions, and highly-regarded educational opportunities. For these developments, hospitality is also a necessity. There are many who prefer the privacy and home-like atmosphere that homestays provide. (see attached) March 12, 2024 Page 1 of 5 To evaluate the proposed conditional use, please address the following concerns: 1. How is the requested conditional use consistent with the comprehensive plan? Supports Tourism: (see stteched) Supports Local Businesses and Restaurants: (see attached) Supports Growth in Population: (see attached) Supports People on Temporary Work Assignments: (see attached) 2. How will the proposed conditiona! use affect the current and future traffic in the vicinity? No edditional traffic. Plenty d off-street parking. 3. How will the proposed conditional use at the specified location contribute to or promote the welfare or convenience of the public? The property upkeep and the guests will be closely monitored. Itis a desr, consistent use of the property, which requires us to be good neighbors and maintain good relations. lisa close, convenlent place for neighborhood familes to host out-of-town friends and lamily. CERTIFICATION hereby certify that this application is complete and accurate to the best of my knowledge. I authorize staff for the Town of Bedford to enter the property for purposes of reviewing this request and for placing a sign as notice of public hearings. I have provided a site plan and the required application fee. I understand that I am responsible for all advertising fees associated with placing required legal notices in newspapers or other media. Applicant Signature: - : f4 4Date: February 8, 2025 Print Name: Phillip Raintree & Barbara Raintree 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 ifcommercial 2 Visitors to Bedford come for many reasons: + Friends and family visits + Weddings and anniversaries + Celebrations of new life, birthdays, graduations, end-of-life memorials + Tourists, Blue Ridge Parkway travelers, hikers, cyclists, and marathon runners, boating and water sports enthusiasts + Contract work, competitions, educational purposes, retirement / relocation exploration. Supports Tourism: A quiet home base for hikers, bikers, runners, disc golfers, boaters, and people just looking to relax in a quiet setting. Supports Local Business and Restaurants: Visitors look for unique dining experiençes while in town. The area has an exploding wedding venue business that needs housing for guests, wedding attendants, bride and groom. Supports Growth in Population: People planning a move to Bedford or looking for a place to retire need a relaxing home base that reflects the charm of the Town. Supports People on Temporary Work Assignment: Local businesses, health care, local government, public libraries, churches, D-Day Memorial, Bower Center, Holy Land : all bring consultants and presenters. MHESpSiEN2 L Lwy $ % LIE / - S Tb de ur - e 4 * B a REMSEO LOT 2 o REVSED LOT 3 78669 1.811 Ae. SF. A a $ 63001 sf. % 1.460 Ac. 5 a M n 1 ar a w - MSUS : a 5 a % a TA a I TOWN or BEDFGAD M a a E uabo a E * a Fmualhes ncorded w eA, morthse - appronk 0 A a AL a AC MA 3o am ADFTS co - BOUNDARY UNE ADJUSTMENT BETWEEN PROPERTIES OF Co0k KATHRYN, P. GARVN & EUZABETH W. COOK, DAMD P. WALLS, AND H. ALLEN WLLS. JR. TOWN OF BEDFORD, VA SCALE: 1'50 DATE: JULY 7, 2016 M o novt PE t00 or TAX ID. NO. 153-A-2 & 153-A-3 A SEMASER ECIIEAENE e LN anw, IRE. A-3.0WG s1. cav B7 - AY na NA. n B BE 3-4719 A x-l lar ua mg sr aocr