Minutesofthe TownofBerord PLANNING COMMISSION The Planning Commission on Thursday, March 6, 2025, in the Town Municipal Building Council Hall, held a work session at 5:00 p.m. and adjourned into its regularly scheduled meeting at 5:30 p.m. Planning Commission members present: Jason Horne, Chair; Lonne R. Bailey, Vice Chair; Frances Coles, Secretary; Darryl Updike, Town Council Representative; Cynthia Gunnoe; Brock Malcolm; and Philip Thompson Planning Commission members absent: None Town Staff present: Mary Zirkle, Director ofPlanning and Community Development; and Cathy Johnson, Clerk of the Commission Town Staff absent: None WORKSESSION - COMPREHENSIENSIVEPLAN: Ms. Zirkle opened the meeting and turned it over to EPR, PC: to give the comprehensive plan update. Todd Gordon and Alan Simpson via Zoom shared the results of the survey and stakeholder meetings. Mr. Simpson gave a slide presentation and summarized the survey results. He identified the strengths and weaknesses from the 280 responses by the community. Mr. Gordon explained the second phase was to draft ideas for strategies. He planned to draft a plan by turning the conclusion and takeaways into goals. Mr. Gordon asked if any Commissioners have questions or comments. Mr. Horne suggested that going forward it is best to narrow down the conclusions and takeaways. Mr. Gordon stated that with the goals, objectives, and strategies, he will define those details. He added that the draft is the next step. He asked is anything missing or surprising or not the path the Town wants to move. Mr. Thompson asked about affordable housing, such as apartments, and how are those areas targeted throughout the Town. Typically, apartments and townhouses are more affordable. It was a concern ifthe Town has the capacity to change. Ms. Gunnoe asked about a historic district. Ms. Zirkle stated that the Town does not have an architectural review board, but the Town is on the National and State Registries. Ms. Bailey asked about clarifying the industrial district expansion concern presented from the public comments. Mr. Simpson replied that section was not talking about expanding the industrial zone. Mr. Malcolm was surprised about the concern pertaining to the lack of sidewalks in the Town. Mr. Gordon illustrated that the community had concerns that sidewalks were not connecting to places they want to get to. He suggested this was something the Town should look into. Mr. Thompson asked what are the next steps. Mr. Gordon stated the next steps are vision and goals. He added to drive the comp plan forward the Planning Commission has to look at the land use map. Thej plan is developing the second phase of the public engagement. Mr. Horne asked about the timeframe and if the Commissioners would need another work session. Mr. Gordon stated that he will draft some text and the map to give to the Commissioners to work on in the next couple of months. Mr. Horne asked him to establish a date. Mr. Gordon agreed to work with staff to establish a date. 3/6/25 Planning Commission Minutes - Page 1 of9 CALL TO ORDER: The work session adjourned into the regular meeting. The Chairman called the meeting to order at 5:33 p.m. DETERMINATIONOF QUORUM: There was a quorum to conduct business with seven members present. REMARKS BY CHAIRMAN & MEMBERS: None. APPROVAL OF MINUTES: Upon aj motion by Ms. Coles and seconded by Mr. Malcolm, with seven members voting aye the February 6, 2025, minutes were approved as presented. PUBLICHEARINGS: The Chair opened the first public hearing to consider a rezoning request for Parcels 251-A-1T & 251-A- 2T-"Governor'k S Reserve" - Crest 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. Mr. Jamey White of White Engineering & Design was present to speak on behalf of Ranbowellen, LLC. He discussed the reason for requesting a rezoning to change the zoning designation oftwo oft three parcels ofland from Low Density Residential (R-1) to High Density Residential (R-3) for a single-family detached and attached residential development through a zoning map amendment. He explained that since the last request, the secondary access point was resolved. The developer had previous meetings with the Town, County, and BRWA staff. They have worked out a contract with Kevin Venhorst and the Lighthouse Freewill Church. There is a verbal agreement but not a written agreement with Lighthouse Freewill because its attorney is reviewing the contract. He stated that based on previous concerns from the neighbors, the developer agreed to improve the existing stormwater management by stubbing inlets along Crest Ridge Drive. He stated that the design will be at no charge to the Town and he is willing to work with Town. He stated that the traffic impact through Governor's Hill will be reduced since most ofthe traffic will go towards Burks Hill Road. By having an entrance off of Burks Hill Road, this should be the solution to most ofthe traffic concerns. He wanted the Planning Commission to see the benefits that the developer was providing for al better overall development instead ofal by-right use. Mr. White stated that the developer proffered to transfer property to the adjoining parcels as a buffer. As before, it will be a 33-foot deep area of land along the rear yards of the existing dwellings on Emerald Crest Drive. There were proffered conditions from the applicant on file. The Chair opened the floor for any citizens present to speak for or against the request. He stated there will be a time limit and that each speaker needs to state his or her name and address for the record. The following citizens provided comments: Ms. Cindy Watson, President ofSection 1 Governor' s Hill HOA, at 1265 Emerald Crest Drive. She handed out her written concerns to the Commissioners. She was glad to hear of the potential exit onto Burks Hill Road. She wanted that to be the main entrance and not Crest Ridge Drive. She wanted Crest Ridge to be 3/6/25 Planning Commission Minutes - Page 2 of 9 an emergency entrance and not the planned access point onto Emerald View Court that was previously discussed at the last meeting. She was glad that the land buffer will be deeded to adjoining parcels and the need to stop the current erosion issues. She requested that two houses be built on the end lots into the subdivision onto Crest Ridge Drive instead oft townhouses. Ms. Karen Gray, 1305 Emerald View Court, shared pictures of her damaged roof. She was concerned about the developer's poor building practices. Mr. Dale Breunig, 1247 Emerald Crest Drive, was concerned with the high-density development. He also shared how he too had to fix erosion problems at his residence. Mr. Mark Rudinas, 1089 Moneta Road, has land adjacent to the Kevin Venhorst property. He preferred to see single family dwellings built. He wanted the developer to create a sight and sound buffer along the property adjoining his. He wanted to ask the developer about moving the driveway sO to access the road, and he was willing to work with him. He said that he is all for progress. He reiterated his concerns were the driveway, buffer, water connection, drainage, and runoff impact to his pond. Mrs. Suzanne Krzyzanowski was present to speak on behalf of her elderly mother, Mrs. Teresa Briggs, 2 who lives at 1200 Crest Ridge Drive at the entrance. She stated that the number one problem was the access and was delighted with the alternative access. She asked if the density progression would be directed towards Burks Hill Road. Since there were no more citizens to speak, the Chair closed the public hearing. The Chair moved into discussion and action. He asked if any members have questions for staff or the developer. Mr. Thompson asked staff why are there three applications and not one. Ms. Zirkle stated the reason was that there could be three separate actions. Directing attention to the staff report, Mr. Thompson asked about the school-age population versus the capacity of schools. He also asked about the need of a current traffic study. Ms. Zirkle replied that is at the discretion of the Town. She added that the Town goes by the VDOT standards. Mr. White interjected that there will be a traffic study. Mr. Thompson asked based on the concept plan what is the entrance right of way width. Mr. White replied 50 feet that's why they need 25 feet of property from the church. Mr. Thompson asked how long will it take to get signed contracts. Mr. White replied they have a signed contract with Mr. Venhorst, but the contract with the church should be filed at the courthouse in the next week or SO. Mr. Thompson asked about amenities. Mr. White stated that's still being determined. He went on to share that the developer plans walking paths and community areas. Regarding timing and phasing the development, Mr. White stated that the plan is to complete all infrastructure including roads, curbing, water and sewer connections, and utilities before building homes. All roads will be put in for grading but not paved. He added that the initial emergency access through the Emerald View Court cul-de-sac is no. longer needed. The subdividing of individual lots will be done incrementally. Mr. Horne asked would the construction entrance be on Burks Hill Road. Mr. White stated that initially heavy equipment will be brought through Crest Ridge Drive. Once the roads are completed the equipment will leave out on Route 122. Mr. Malcolm asked can the developer assure that the road will not be damaged. Mr. White stated that there is no guarantee but he is willing to work with Ms. Zirkle. The Commissioners asked about the home renderings, sizes, and marketing prices. Mr. White stated that it's the same renderings presented at the last public hearing meeting. The townhomes will be two-story approximately 1200 square feet and the single-family dwellings approximately 1600 square feet some with walk-out basements. The design shows each dwelling with a garage and individual driveways. Ms. 3/6/25 Planning Commission Minutes - Page 3 of9 Bailey asked about the existing houses on the Venhorst property. Mr. White stated that the houses will be demolished. Ms. Coles was concerned about the heavy equipment through the existing subdivision. Mr. White stated that will be the access coming in just to move the earth since the dirt has to come out prior to developing. Mr. Malcolm asked if the application request does not get approve to rezone, would the second entrance be put in. Mr. White stated no. There being no more questions of discussion, the Chair asked for a motion to recommend or not recommend the request for a rezoning from R-1, Low Density to R-3, High Density by Ranbowellen through a zoning map amendment. The requested use on parcels 251-A-1T & 251-A-2T 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 ofthe other land use request). Prior to a making a motion, Mr. Thompson reiterated concerns. He was concerned that there were no written legal proffers, proffers for construction of all the roads and the timing. He was concerned that townhouses are shown in the single-family dwelling section on the concept plan. He wanted the proffers discussed to be put in writing and signed by the owner. He viewed this as a protection and wanted to table before taking any action. Mr. Thompson made a motion to table until the next meeting. There was a motion on the floor. The Commissioners were concerned about including additional proffers. Ms. Zirkle read from the code that either the applicant or owner can sign the written proffers. When asked about adding proffers as a condition of the rezoning approval, Ms. Zirkle stated that she was not sure how to advise. She explained how conditions cannot be added to a rezoning by the Commissioners. She stated that proffers are volunteered by the developer before a hearing, and this hearing has already started. The Commissioners reasoned if they could be implying a preference. Ms. Bailey asked could the Board make a recommendation contingent that proffers shall be submitted in writing before the Town Council meeting. As the Commissioners continued its discussion which lead to another motion, Ms. Zirkle advised that a motion to table was already on the floor without a second. The motion was reiterated by Mr. Thompson to table and Mr. Horne seconded. The Chair asked for a roll-call and the votes are as follows: Mr. Updike Nay Ms. Gunnoe Nay Mr. Malcolm Nay Ms. Coles Aye Mr. Thompson Aye Ms. Bailey Nay Mr. Horne Nay The Planning Commission motion to table failed by a vote of 5-2. The Planning Commission continued its discussion by suggesting the need for a revised concept plan. Mr. White questioned the need for additional proffers. After clarifying, he stated that the developer is happy to proffer that the development be built in substantial compliance with a concept plan showing that the secondary entrance has to be there. Mr. White reiterated, "We proffered to be in substantial compliance with the concept plan that shows the secondary entrance." Mr. White added that the developer is "happy 3/6/25 Planning Commission Minutes Page 4 of9 to provide a proffer that says we are going to: "As a condition to the rezoning, these two lots - the secondary access to Burks Hill Road will be built". Ms. Bailey made a motion to recommend to rezone to R-3 with the existing proffers and contingent upon the developer proffers in writing prior to the Town Council meeting that the infrastructure all be done before the construction ofthe housing, that the property transfers from Lighthouse Freewill Baptist Church and Kevin Venhorst, and provide the subdivision with the secondary entrance. Mr. Malcolm seconded. The Chair asked for a roll-call and the votes are as follows: Mr. Updike Aye Ms. Gunnoe Aye Mr. Malcolm Aye Ms. Coles Aye Mr. Thompson Nay Ms. Bailey Aye Mr. Horne Nay The Planning Commission voted 5-2 to recommend approval with the verbal proffered statements to Town Council. After the motion, Mr. Thompson again spoke of his concerns centered again the legality. He stated for staff to seek the attorney's advice. The Chair opened the second public hearing to consider a conditional use for Parcels 251-A-1T & 251-A- 2T for a sales office for a model home with parking in the R-3 zoning district. Mr. White spoke on behalf of the owner, Ranbowellen LLC. He stated that the building and related off- street parking would be located on the first two lots numbered one and two. The office will be converted into a single-family dwelling and a home built on the second lot that was used for parking. The Chair opened the floor for any citizens present to speak for or against the request. Ms. Cindy Watson, President of Section 1 Governor" s Hill HOA, at 1265 Emerald Crest Drive, suggested that the sales office and parking lot be moved to lots 25 and 26 shown on the concept elsewhere on the concept plan. She added by placing the sales office at the back of the subdivision, the entrance will be on Burks Hill Road. Mr. Mark Rudinas, 1089 Moneta Road, stated that his front lot on Moneta Road is a commercial use. He inquired about future rezoning on his property. He wanted to be shown the same consideration for the same variable use or zoning. Mrs. Suzanne Krzyzanowski was present to speak on behalf ofher elderly mother, Mrs. Teresa Briggs, at 1200 Crest Ridge Drive. She suggested to keep Burks Hill Road as the main entrance and to relocate the office closer to that entrance. Since there were no more citizens to speak, the Chair closed the public hearing. The Chair moved into discussion and action. He asked if any members have questions for staff or the developer. Ms. Gunnoe agreed that the suggestion to move the office makes perfect sense. Mr. White wanted to clarify ifiti is to be relocated to lots as mentioned. If SO, the developer did not have a problem with that. Mr. Thompson asked staff if the tax maps on the application have to be changed. Ms. Zirkle 3/6/25 Planning Commission Minutes - Page 5 of9 stated that as the public hearing notice reads it can apply to either tax map number because the legal ads referenced both. Mr. Thompson asked about the hours of operation. Mr. White stated that plans of operation is to open the office two days a week which varies. Mr. Thompson pointed out the hours of operation condition in the staff report. There being no more questions or discussion, the Chair asked for a motion to recommend or not recommend a conditional use permit for Parcels 251-A-1T & 251-A-2T for a sales office for a model home with parking in the R-3 zoning district. Ms. Gunnoe made a motion to recommend approval for a sales office for a model home with parking on Parcel 251-A-1T and with conditional hours as written. Ms. Coles seconded. The Chair asked for a roll-call and the votes were as follows: Mr. Updike Aye Ms. Gunnoe Aye Mr. Malcolm Aye Ms. Coles Aye Mr. Thompson Aye Ms. Bailey Aye Mr. Horne Aye The Planning Commission voted 7-0 to recommend approval with conditions to Town Council. The Chair opened the third public hearing, associated with the development, to consider a conditional use permit on Parcel 146B-1-1T located off Burks Hill Road, owned by Kevin Venhorst, for a townhouse development in the B-2 zoning district. Mr. White spoke on behalf of the owner, Ranbowellen LLC and Mr. Venhorst. He stated since townhouses are allowed as a conditional use permit, the developer wanted to match with the rest of the development by expanding the use. Mr. White stated that he spoke with Mr. Rudinas during the meeting and came to an agreement. The developer agreed to install culvert pipes, allow access off oft the new road, and design a vegetated buffer. The Chair opened the floor for any citizens present to speak for or against the request. Ms. Cindy Watson, President of Section 1 Governor's Hill HOA, at 1265 Emerald Crest Drive, asked about parking and considered extra parking to alleviate the same problem in Governor's Hill. Since there were no more citizens to speak, the Chair closed the public hearing. The Chair moved into discussion and action. He asked if any members have questions for staff or the developer. Ms. Bailey asked the developer ifhe considered additional parking for overflow, and suggested as separate parking lot. Mr. Updike asked were the parking spaces just for residences and not visitors. Mr. Malcolm was concerned with off-street parking. Ms. Zirkle read the parking regulation from the ordinance that allows 1.5 parking spaces for each unit of residential use. Mr. White stated that the design is for two cars in each driveway and an attached garage. He added there will be three spaces per unit. Ms. Zirkle stated that it was discussed about increasing the parking requirement in the ordinance. Mr. Thompson asked staff could additional development meet the requirement of the ordinance. Ms. Zirkle stated a subdivision plat must be submitted for approval. 3/6/25 Planning Commission Minutes - Page 6 ofs 9 The Commissioners asked ifthe land is not transferred or developed after the conditional use approval, is there a reversal clause. Ms. Zirkle replied that the Town does not have a reversal clause. The approval runs with the land, but could seek advice by attorney. She added it can be a condition. There being no more questions or discussion, the Chair asked for a motion to recommend or not recommend a conditional use permit for Parcel 146B-1-1T located off Burks Hill Road, owned by Kevin Venhorst for a townhouse development in the B-2 zoning district. Ms. Gunnoe made a motion to recommend approval with a condition that the land must be transferred to Ranbowellen from Venhorst. Mr. Malcolm seconded. The Chair asked for a roll-call and the votes are as follows: Mr. Updike Aye Ms. Gunnoe Aye Mr. Malcolm Aye Ms. Coles Aye Mr. Thompson Aye Ms. Bailey Aye Mr. Horne Aye The Planning Commission voted 7-0 to recommend approval with one condition to Town Council. The Chair opened the public hearing to consider a conditional use on Parcel 153-A-10T by Raintree Family Trust for "Homestay" use for Raintree Properties located at 926 Lake Drive. Phillip and Barbara Raintree were present as property owners and trustees ofR Raintree Family Trust. Mrs. Raintree gave a presentation expressing the need for local accommodations for tourists. She continued explaining the history of the property. She identified the business name as Gateway Cottage. Ms. Johnson left the meeting at 7:15 pm. The Chair stated that no one signed up to speak, but invited anyone present to speak. Ms. Ellen Everett of 105 Angus Terrace, President of the Bedford Virginia Lodging Group, had been working on the past five years to get the Town to allow homestay rentals. She stated that the Raintrees belong to the group. She stated again she is proud that the Town is finally moving forward with homestays and not just bed and breakfasts. There being no further speakers, the Chair closed the public hearing. The Chair moved into discussion and action. Mr. Thompson asked for clarification on how many bedrooms. Mr. Raintree replied one. Mr. Thompson asked are there only going to be two people there. Mr. Raintree stated that there is a sleeper sofa. The house was originally two bedrooms before being remodeled, SO now it's one. Mr. Thompson directed his question to staff. He stated that the standard is two people per bedroom, SO would that be two people or four people. Ms. Zirkle replied SO with one bedroom that would be two people. She added that a "bedroom" must meet the definition ofbedroom per building code. Mr. Thompson stated if an applicant is granted a conditional use decides to expand in the future would the occupancy increase to six if they add two bedrooms. Ms. Zirkle agreed two adults per 3/6/25 Planning Commission Minutes - Page 7 of9 bedroom. She stated unless the Planning Commission places a limit, technically bedrooms can be added. Mr. Thompson was concerned about the parking standards. Ms. Zirkle quoted the off-street provision in the ordinance being 1.5 spaces. Mr. Thompson asked was the parking regulations included in the homestay regulations. Mr. Horne recalled the discussion and believes that was part of the homestay regulations. Mr. Thompson asked the Raintrees ift they have house rules regarding events. Ms. Bailey recalled being approached by Mr. and Mrs. Raintree wanting to pay, their lodging tax, but could not because the Town did not have a homestay policy. She added that they wanted to comply and has gone far and beyond. She concluded that the property photos are exceptional. There being no more questions of discussion, the Chair asked for a motion to recommend or not recommend: a conditional use permit for "Homestay" use for Raintree Properties located at 926 Lake Drive on Tax Parcel 153-A-10T. Ms. Gunnoe made a motion to recommend approval and Mr. Malcolm seconded without conditions. The Chair asked for a roll-call and the votes are as follows: Mr. Updike Aye Ms. Gunnoe Aye Mr. Malcolm Aye Ms. Coles Aye Mr. Thompson Aye Ms. Bailey Aye Mr. Horne Aye The Planning Commission voted 7-0 to recommend approval with no conditions to Town Council. The Chair opened the public hearing to consider a conditional use permit on Parcel 153-A-3T by Raintree Family Trust for "Homestay" use for Raintree Properties located at 1135 Lakeview Lane. Phillip and Barbara Raintree were present as property owners and trustees of Raintree Family Trust. Mr. Raintree gave a presentation and the reason for the request. The application identified the business name as Tall Oaks Retreat. The location will be rented to larger families with children. He requests and expects that the rental guests respect the quiet neighborhood. He will not allow events or large gatherings at this location. He stated that it is a four-bedroom house. Since there were no more citizens to speak, the Chair closed the public hearing. The Chair moved into discussion and action. There being no more questions or discussion, the Chair asked for a motion to recommend or not recommend a conditional use permit for Homestay" use for Raintree Properties located at 1135 Lakeview Lane on Tax Parcel 153-A-3T. Ms. Coles made a recommendation to approve and Ms. Bailey seconded without conditions. The Chair asked for a roll-call and the votes are as follows: Mr. Updike Aye Ms. Gunnoe Aye Mr. Malcolm Aye Ms. Coles Aye 3/6/25 Planning Commission Minutes Page 8 of9 Mr. Thompson Aye Ms. Bailey Aye Mr. Horne Aye The Planning Commission voted 7-0 to recommend approval with no conditions to Town Council. STAFF AND COMMITTEE REPORTS: None. UNFINISHED BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT: There being no further business, the meeting adjourned at 7:31 pm. The next regular scheduled meeting will be on Thursday, April 3, 2025, at 5:30 p.m. Respectfully submitted, Cathy Johnson, Clerk ofthe Commission Approved on April 3, 2025 hene B.Cyle Frances B. Coles, Secretary 3/6/25 Planning Commission Minutes - Page 9 of9