AGENDA

BEDFORD COUNTY PLANNING COMMISSION

County Administration Board Room

122 E. Main Street, Bedford, VA
Tuesday, April 18, 2017
Regular meeting 7:00 pm

Regular Meeting

1. Approval of Agenda

2. Approval of Minutes

3. Citizen Comment Period

4. Public Hearing

a) Rezoning application RZ170004 Thomas Builders of Virginia

Reclassification of property

5. Old Business

6. New Business

a) Proposed amendments to the Bedford County Zoning Ordinance

7. Adjourn
 PLANNING
COMMISSION
MINUTES
 DRAFT
1 Bedford County Planning Commission Minutes
2 March 21, 2017
3
4 The Planning Commission held a regular meeting on Tuesday, March 21, 2017 in the
5 Bedford County Administration Building Boardroom with all Planning Commissioners
6 present. County staff present was Mr. Patrick Skelley, County Attorney, Mr. Gregg
7 Zody, Director of Community Development and Mrs. Patricia Robinson, Planning/
8 Zoning Technician.
9
10 Mr. Tillett called the Planning Commission to order and determined there was a quorum
11 present for conducting business. Mr. Tillett asked if there were any changes to the
12 agenda. There being none Mr. Brown made a motion to approve the agenda as presented.
13 Mr. Dawson seconded the motion. The motion carried with a vote of 7 0.
14
15 Mr. Tillett moved to item 2 Approval of Minutes asked if there were any changes to the
16 minutes of February 21, 2017. Mr. Burdett requested the word and be inserted after the
17 word Minutes on page 1 line 15. Mr. Brown requested the name Brown be changed
18 to Tillett on page 2 line 51. There being no additional changes Mr. Burdett made a
19 motion to approve the minutes as amended. Mr. Huff seconded the motion. The motion
20 carried with a vote of 7-0.
21
22 Mr. Tillett asked if there were any citizens to speak during the Citizens Comment
23 Period. There being none Mr. Tillett closed the citizen comment period.
24
25 Mr. Tillett moved to the item 4a, opened the public hearing for Rezoning application
26 RZ170005 and asked for the staff presentation. Mr. Zody stated the owner/applicant is
27 Jefferson Manor, LLC P.O. Box 148, Forest, Va. and the engineer/authorized agent for
28 the applicant is Norm Walton, P.E. of Perkins & Orrison, Inc., 27 Green Hill Drive,
29 Forest, VA 24551. The request is to rezone two parcels totaling 40.08 acres identified as
30 Tax Map Numbers 116-A-17P and 116-A-18 from PCD (Planned Commercial
31 Development) to R-4 (High Density Multifamily Residential District) for the construction
32 of multi-family dwelling units, townhomes, and single family detached. The property is
33 located along the northeast side of Perrowville Road (Route 663), approximately 0.72
34 miles north of the intersection of Forest Road (Route 221). The density of each
35 residential use is as follows:
36
37 Single Family Development (SFD) 53 lots on 12.96 Acres, or 4.09 units per acre;
38 Townhouses 141 lots on 13.10 Acres, or 10.76 units per acre;
39 Apartments 224 units on 9.91 Acres, 22.6 units per acre proposed are eight (8) three-
40 story buildings at a maximum height of 45, each containing approximately 25 units, for a
41 total of 224 units.
42
43 Mr. Zody reviewed the definition and purpose of the R-4 High density multifamily
44 resident district. Noting the area around the proposed site is Mixed Use, Mr. Zody
45 reviewed the definition of Mixed Use from the County 2030 Comprehensive Plan. Mr.
46 Zody read into the record the five following voluntary proffers submitted by the
47 applicant:

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 DRAFT
48 1. Open spaces will be maintained as grassed community areas. They may have
49 park benches, playgrounds, picnic tables, etc. to provide benefit to the home
50 owners and tenants of Westin Village.
51 2. The principal roadway through the development and the single family detached
52 roads will have sidewalks. Sidewalks will be installed in front of the apartment
53 buildings.
54 3. A community center, capable of having community events (meetings, meals,
55 move night, etc.) will be constructed within the development. This center will
56 also have a swimming pool for the benefit of the residents of the community.
57 4. The building elevations will be a mix of brick, hardy plank, vinyl and wood.
58 5. The dumpster area will be enclosed in a three-sided brick enclosure.
59
60 Mr. Zody stated staff recommends approval of the application, based on the surrounding
61 zoning, land use, and future land use designation with the additional recommendation that
62 the owner/developer work diligently with the schools and VDOT to provide safe
63 pedestrian access for students to all adjacent schools, where feasible. Additionally, staff
64 further notes that, if approved, open space will be required to be functional in its location
65 and beneficial to all Westin Village residents.
66
67 Questions/comments from Planning Commission to Mr. Zody covered the following: (a)
68 will there be sidewalks in the townhome sections, (b) proffer regarding sidewalks does
69 not meet the requirements of the Subdivision Ordinance, (c) will lots along Rt. 221 have
70 direct access to that road or will they be served by a internal mechanism to tie into the
71 connector road, (d) where is the pool/community center located, (e) what is the overall
72 density for the development, (f) is there a max density in the R-4 district, (g) need
73 functional connectivity to commercial properties, (h) does suitable capacity to
74 accommodate development at the stated level relate to the Forest area only for inclusion
75 of additional school zones, (i) will this rezoning cause the relocation of students to a
76 different zone, (j) does residential growth pays it way and (k) what are chances of getting
77 a signal at driveway of Forest Middle School and the access to this development on the
78 south end. Mr. Zody addressed the various questions/comments from the Commissioners
79 as they were raised following his presentation.
80
81 Mr. Tillett asked for the applicants presentation. Mr. Norm Walton of Perkins &
82 Orrison, Inc. spoke on behalf of the applicant. Mr. Walton presented a slide show
83 regarding the proposed development. The project will provide a mixture of 418
84 residential units, open space, pool and a community center. The layout is intended to
85 have the apartments adjacent to the commercial development, and the single family
86 adjacent to areas that are already zoned and subdivided for single family residential,
87 thereby providing a transition from highly developed areas to lesser developed areas of
88 the county. On the concept plan Mr. Walton pointed out the locations of the entrances
89 and connections to the adjacent commercial development. Infrastructure is available for
90 this project with water available in both Forest Road and Perrowville Road. A
91 connection will be made to both to create a waterline loop through the project. The
92 sanitary sewer pump station in front of Forest Middle School will be utilized.
93 Preliminary conversations have occurred between Bedford Regional Water Authority
94 (BRWA) and the developer concerning the upgrade to the sanitary sewer pump station.

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 DRAFT
95 A traffic study was submitted and approved by Virginia Department of Transportation
96 (VDOT). The recommendations from the traffic study will be incorporated into the
97 construction documents for the project. Sidewalks will parallel the roadways in the
98 townhomes. The project will impact the schools in Forest; however any residential
99 development in Forest whether by-right or rezoned would impact the schools. The
100 project will be phased over ten years and will be in the design phase for possibly one to
101 two years. The project is in line with the Comprehensive Plan as this area is designated
102 as an area for growth and development.
103
104 Questions/comments from the Planning Commission to Mr. Walton covered the
105 following: (a) safety of children at crossings, (b) need a crossing guard at Forest Middle
106 School, (c) will school buses be allowed to use the connector roads, (d) which phase will
107 be constructed first and what are the sizes of the dwellings and what kind of price range
108 (e) do you have any idea of tax revenue this will generate for the county, (f) has VDOT
109 expressed any concerns with a left turn lane at the entrance onto Rt. 221, (g) graphs
110 regarding the school enrollment differ from the information provided by the schools in
111 the staff report and (h) do you believe you have enough functional open space. Mr.
112 Walton addressed the various questions/comments from the Commissioners as they were
113 raised following his presentation.
114
115 Mr. Tillett asked if there were any citizens to speak regarding the application. The
116 following citizens spoke: Mary Sloan 1094 Val Ter Court, Gary Hostutler, 1155 Mont
117 View Lane, Lisa Klingenfus, 318 Quail Ridge Drive, Heidi Krone, 1719 Farmington
118 Drive, Jo Ann Scott, 2073 Bateman Bridge Road, Ramona Myers, 207 Lake Ridge Drive,
119 Ryan White 1178 Leejack Circle, Eric Nelson, 1321 Leejack Circle all of Forest, VA.
120 Additionally, Cheryl Smith of Pennsylvania (grandchildren live in Farmington) and John
121 Briscoe, 1390 Thaxton School Road, Thaxton, VA spoke. The concerns/issues raised
122 were: (a) class sizes are too big, (b) development will overcrowd the schools, (c) unsafe
123 crossing roads, (d) density is too high and capacity too tight, (e) very little green space,
124 (f) too many mobile classrooms at schools, (g) increase in truck traffic during
125 construction, (h) increase in daily traffic in an already heavily congested area, (i) more
126 study needed, (j) is there really a need for this development in Forest, (k) trees disappear
127 with development, (l) Farmington is only half developed, (m) in next 10 years there are
128 will be more kids coming into the school system in Forest area, (n) PC has responsibility
129 to represent the community not just the developer, (o) will traffic signal come in the
130 future, (p) since a phased project what if they dont complete development, (q) is
131 property remains PCD taxes better for county, (r) is R-4 the best for this development, (s)
132 dont want more apartments or townhomes, (t) growth should be smart (u) EMS response
133 time delayed due to heavy/congested traffic, (v) Thaxton Elementary had lower teacher to
134 pupil ratio and it is now closed, (w) developer has taken many of the issues raised into
135 consideration, (x) there are adjoining areas nearby that could put the same impact on the
136 area as a by-right use, (y) developers are guided by the market needs, (z) people want to
137 live in Forest and (aa) allow property owner to prosper.
138
139 County Attorney Mr. Skelley stated the Planning Commissioners were given emails
140 received by the Division of Planning. Emails were received from: Nathan Johnson,
141 Keith and Jeannie Cornelius, Jeffrey and Irma-Rose Amate, Irma Campbell and family

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 DRAFT
142 Lisa Fink, Jerry Fink, Kenneth Wood, Reba Tyree, Joanne East, Eric Nelson and Jennifer
143 Nelson all of Forest, Va. The emails contained concerns which were expressed by the
144 individuals who spoke at the meeting.
145
146 Mr. Tillett closed the public hearing and asked the developer for any rebuttal. Mr.
147 Walton addressed concerns raised highlighting on housing capacity, traffic and the traffic
148 signal.
149
150 Mr. Tillett asked for discussion and/or action by the Planning Commission. Comments
151 from the Commissioners covered the following: (a) with growth comes disorder, (b)
152 Forest school system and area draws people, (c) why prohibit other growth, (d) student
153 traffic deaths on Rt. 24, (e) project will be phased, (f) prefer residential near schools than
154 industrial site, (g) project meets the intent of R-4 district, (h) proposed density is less than
155 what R-4 district allows, (i) good development, (j) why dont kids ride buses to reduce
156 car traffic, (k) all people have a right to live in Forest no matter what they live in, (l)
157 school board needs to address overcrowding in classrooms, (m) parents need to address
158 safety with their kids, (n) development complies with Zoning Ordinance, Future Land
159 Use Map and Comprehensive Plan, (o) Forest area is a designated growth area in the
160 county, (p) infrastructure is present, (q) almost ideal from zoning perspective, (r)
161 developer will be required to meet VDOT standards regarding traffic and entrances, (s)
162 need roof tops to bring commercial development, (t) school board needs to plan for
163 additional growth in Forest and (u) great concept and good plan. Mr. Tillett handed the
164 gavel over to Vice Chairman Mr. Woodford.
165
166 Mr. Tillett made a motion to recommend to the Board of Supervisors approval of
167 Rezoning application RZ170005 as presented. Mr. Dawson seconded the motion.
168 Mr. Woodford asked if there was any further discussion. Being none Mr.
169 Woodford took a roll call vote. The motion passed with a vote of 6-1. Mr. Brown
170 cast the dissenting vote.
171
172 Mr. Zody stated the date for the public hearing with the Board of Supervisors had not
173 been determined at this time. Once determined the information will be posted on the
174 county web site. Mr. Tillett thanked the citizens for their participation and encouraged
175 them to attend the public hearing with the Board of Supervisors to express their concerns.
176
177 Mr. Tillett asked if there was any additional business to come before the Commission.
178 Mr. Zody informed the Commission they will have a public hearing for a rezoning
179 application at the April 18, 2017 meeting.
180
181 There being no additional business Mr. Woodford made a motion to adjourn. Mr.
182 Dawson seconded the motion. The motion carried with a vote of 7-0. The meeting was
183 adjourned at 8:50 pm.
184
185 Respectfully submitted,
186
187
188 _______________________________

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189 Gregg Zody, Secretary
190
191 Approved by:
192
193
194 ________________________________
195 Josiah Tillett, Chairman

Planning Commission Minutes 5 03/21/17

 RZ170004
Thomas Builders of
Virginia
Reclassification of Property
Tax Maps 98-A-21 & 115-A-3
from AR to R-1

Presenter: Jordan Mitchell

540-586-7616 ext 1393
540-586-2059 (fax)
jmitchell@bedfordcountyva.gov
 MEMORANDUM

TO: Planning Commission

FROM: Jordan Mitchell, Planner

DATE: April 4, 2017

SUBJECT: Rezoning Application #RZ170004: Thomas Builders of Virginia

SYNOPSIS
Thomas Builders of Virginia are requesting to rezone a 116.56 acre parcel (Tax Map Number 98-A-
21) and a 71.98 acre parcel (Tax Map Number 115-A-3) from AR (Agricultural Residential) to R-1
(Low Density Residential) for the purpose of developing 200 homes (Dwelling, Single Family
Detached). The properties are located in Election District #7.
BACKGROUND
Applicant/Property Owner
The applicant is Thomas Builders of Virginia, 102 Northwynd Circle, Suite A, Lynchburg, Virginia
24502. The property owner of both parcels is LTL Farms, 1017 Hampton Ridge, Bedford, VA 24523.

Engineer
The engineer for the applicant is Norm Walton, Perkins & Orrison Inc, 27 Green Hill Drive, Forest,
Virginia 24551.

Location
Tax Map #98-A-21 is located on located along the south side of Forest Road (Route 221) and
Gladden Circle (Route 646) at the intersection of both roads (the most western intersection, close
to Bethany Church Circle). The property is 116.56 acres in size according to County records and the
concept plan.

Tax Map #115-A-3 is located along the western side of Everett road (Route 622), just north of the
railroad track that runs perpendicular to Everett Road. The property is 71.98 acres in size according
to County records and the concept plan.

Proposed Change
The applicant has requested a rezoning of a 188.54 acres (TM# 98-A-21 and 115-A-3) from AR to R-
1 for the purpose of developing 200 single family homes (Dwelling, Single Family Detached use).
The properties will be developed with public roadways with two access points onto Forest Road
and Everett Road.

1
ANALYSIS
Zoning/Land Use Compatibility
Tax Map #98-A-21 and 115-A-3 are zoned AR and are currently undeveloped. Properties in the
surrounding area are zoned AR, AV (Agricultural Village Center), R-1, and R-2 (Medium Density
Residential). The surrounding properties the in the area have agricultural, residential, civic
(churches), and commercial uses (The Trivium and West Manor Estate are nearby) or remain
undeveloped.

Zoning Ordinance
The purpose of the AR and R-1 zoning districts are as follows:
The purpose of the AR district is to maintain these areas essentially in their rural state,
consistent with the level of services anticipated by the county. These areas are generally
characterized by very low density residential and institutional uses mixed with smaller
parcels that have historically contained agricultural uses, forest land and open space
outside the urban service area. These areas provide an opportunity for rural living in
convenient proximity to urban services and employment. Agricultural uses should be
encouraged to be maintained however, over time these areas are expected to become
increasingly residential in character, with residential development becoming the dominant
use over agricultural and more rural type uses.

The R-1, Low density residential district is established for areas of the county within the
urban service area with existing low-middle density residential development, with an
average density of from one (1) to three (3) units per acre, and land which appears
appropriate for such development. The R-1 district is intended to provide the highest
degree of protection from potentially incompatible uses and residential development of a
significantly different density, size, or scale, in order to maintain the health, safety,
appearance, and overall quality of life of existing and future neighborhoods. In addition to
single-family residences, only uses of a community nature which are generally deemed
compatible and permitted in the R-1 district. This would include parks and playgrounds,
schools, and other similar neighborhood activities.

In reviewing the ordinance and the surrounding land uses/zoning districts, staff is of the opinion
that this property may be suitable for the proposed use. The only possible concern could be the
density of the development without having public sewer available to the development and impact
on public facilities (Fire/Rescue, Schools, and Transportation). Given other recent subdivisions in
the area (Lake Manor Estates and West Crossing), the applicant will probably have to utilize
drainfield easements for the development due to the topography and natural waterways on the
properties.

Comprehensive Plan
The Bedford County 2030 Comprehensive Plan contains goals and objectives that relate to this
rezoning request. They include:
2
Land Use:
An Orderly, efficient, and compatible growth and land use pattern that is sensitive to the
natural environment.
9.1 Future Development directed to areas already or proposed to be served with adequate
public facilities that is compatible with and sensitive to the natural environment
9.5 Develop a process for each new development to pay its fair-share of the costs associated
with the increase demand on existing public facilities and services.

The Future Land Use map identifies the subject parcels as Residential with the surrounding area
also designated as Residential, Rural Residential, and Mixed Use. The Comprehensive Plan
Land Use designations are excerpted below:

Residential
Residential areas located in close proximity to urban services and roads capable of handling
higher traffic volumes. These are areas for single-family detached and attached units and
apartments/condominiums. Small-scale neighborhood and/or lifestyle commercial (such as
small convenience markets and marinas) is allowed where appropriate in this zone. Clustering
of housing units is supported in this district.

Rural Residential
Small clusters of residential units with some low intensity agricultural uses. These areas are
intended to preserve open spaces and the agricultural landscape while allowing clustered
residential development that minimizes impervious surfaces across properties.

Mixed Use
Areas with a mixture of residential, commercial, light industrial and civic uses located along
major transportation corridors. Intention of these areas is to provide convenient services for
neighborhoods and prevent strip development and multiple access points along major and
secondary transportation corridors.

Voluntary Proffers
The applicant has not submitted voluntary proffers for review with this rezoning request. Staff has
attached a permitted use table showing the uses that may be established on the property should
the property remain zoned AR or rezoned to R-1. The property could be used for any of the uses
listed should the applicant be able to meet all use general standards from Article IV of the zoning
ordinance.

Project Impacts
While the rezoning itself will not have impacts, the proposed use of the properties will have
impacts. With 200 new single family homes being requested on two properties that would have
yielded a maximum of 20 lots (not including family lots) with the existing zoning will certainly
3
increase the impacts on public schools, fire/rescue services, and nearby roadways. According to
information received from Mac Duis, Chief Operations Officer for Bedford County Public Schools
(BCPS), several schools in the Forest area are at or over capacity (New London Academy, Forest
Elementary School, and Forest Middle School). Increases in enrollment would likely require the
BCPS to redistrict students into other zones or add classroom space through building additions.

Traffic Impact Analysis

The traffic impact analysis for this development came to the conclusion that the traffic impacts of
the development would be minimal at nearby intersections. The Developer would need to provide
the following (2021 build conditions):
Eastbound right turn lane (200 taper and 200 storage) at intersection #1 (Route
221/Gladden Circle W).
Eastbound right turn lane (200 taper) at intersection #5 (Route 221/Site Entrance #1).
Westbound left turn lane (200 taper and 200storage) at intersection #5 (Route 211/Site
Entrance #1).
The report also outlined several road improvements that VDOT should pursue due to existing
conditions (without this development building):
Westbound left turn lane (200 taper and 200 storage) at intersection #1 (Route
221/Gladden Circle W).
Eastbound right turn lane (200 taper) at intersection #1 (Route 221/Gladden Circle W).
Westbound left turn lane (200 taper and 200 storage) at intersection #3 (Route 221/
Gladden Circle E).
Eastbound left turn lane (200 taper and 200 storage) at intersection #4 (Route
221/Bethany Church Circle).
Westbound right turn lane (200 taper) at intersection #4 (Route 211/Bethany Church
Circle).

Staff Recommendation
Given the Future Land Use Map designation as Residential which would coincide more with the
R-1 zoning district (AR would coincide more with a Rural Residential designation), staff would
recommend approval of the application based a review of compliance with the Zoning Ordinacne
and Comprehensive Plan (in particular the Future Land Use Map). The developers application
closely resembles existing development patterns of the surrounding area (especially along Everett
Road).

Attachments
1. Location Map
2. Zoning Map
3. Future Land Use Map
4. Aerial Photograph (VGIN 2015)
4
5. Rezoning Application with Cover Letter
6. Concept Plan
7. Section 30-34, Article III, AR Agricultural Residential District
8. Section 30-41, Article III, R-1 Low Density Residential Development District
9. Section 30-79-2, Article III, Permitted Use Table (AR and R-1 columns highlighted)

5
 Location Map

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 Zoning Map

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 Future Land Use Map
RURAL RESIDENTIAL

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 Aerial Photograph (VGIN 2015)

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Virginia Geographic Information Network (VGIN)

JEFFERSON MAGISTERIAL DISTRICT
BEDFORD COUNTY, VIRGINIA

PO BOX 1567 17 W. NELSON STREET

LEXINGTON, VIRGINIA 24450
PHONE: 540-464-9001 FAX: 540-464-5009
EMAIL: PNO@PERKINS-ORRISON.COM

27 GREEN HILL DRIVE

FOREST, VIRGINIA 24551
PHONE: 434-525-5985 FAX: 434-525-5986
VICINITY MAP
1" = 5000'

RY
NA
M I
L I
RE
P

REZONING PLAN
FOR LTL FARMS

JEFFERSON MAGISTERIAL DISTRICT

BEDFORD COUNTY, VA

THOMAS BUILDERS OF
VA

COVER SHEET

GRAPHIC SCALE
0 500 1000

1"=500'

16012 1 3
Sec. 30-34. - AR Agricultural/residential district.

Sec. 30-34-1. Purpose.

These areas are generally characterized by very low density residential and institutional uses mixed
with smaller parcels that have historically contained agricultural uses, forest land and open space outside
the urban service area. These areas provide an opportunity for rural living in convenient proximity to
urban services and employment. Agricultural uses should be encouraged to be maintained however, over
time these areas are expected to become increasingly residential in character, with residential
development becoming the dominant use over agricultural and more rural type uses.
The purpose of the AR district is to maintain these areas essentially in their rural state, consistent
with the level of services anticipated by the county. These areas are generally suitable for low density
residential development and other compatible land uses.
Sec. 30-34-2. Permitted uses.

Permitted uses shall be as listed in section 30-79.

Sec. 30-34-3. Site development regulations.

General standards. For additional, modified, or more stringent standards for specific uses, see article
IV, Use and Design Standards.
(a) Minimum lot requirements:
(1) All lots, regardless of sewer and water provisions:
a. Area: One (1) acre (forty-three thousand five hundred sixty (43,560) square feet).
b. Frontage: One hundred (100) feet on a publicly owned and maintained street.
(b) Minimum setback requirements:
(1) Front yard:
a. Principal structures: Thirty-five (35) feet.
b. Accessory structures: Thirty-five (35) feet or behind the front building line, whichever
distance is less.
(2) Side yard:
a. Principal structures: Ten (10) feet.
b. Accessory structures: Ten (10) feet when between the front and rear building lines
and three (3) feet when behind the rear building line and ten (10) feet when in front of
the front building line.
(3) Rear yard:
a. Principal structures: Twenty-five (25) feet.
b. Accessory structures: Three (3) feet.
(4) Where a lot fronts on more than one (1) street, the front yard setbacks shall apply to all
streets.
(c) Maximum height of structures:
All structures: Forty-five (45) feet.

(d) Maximum subdivisions of a single tract allowed:

(1) Traditional lot subdivision. Up to ten (10) separate lots, provided each lot meets the
requirements of this section. This ten (10) lot maximum shall exclude a maximum of ten
 (10) family subdivision lots and shall exclude agricultural subdivision lots as both defined
and regulated by this ordinance and the provisions of the Bedford County Subdivision
Ordinance. The maximum of ten (10) lots shall include any further subdivision of these
newly subdivided lots. The subdivision of more than ten (10) lots may be permitted
pursuant to the cluster development option as provided for in this subsection, or shall
otherwise require a rezoning as set forth in article I.
(2) Cluster development option.
The purpose of the cluster development option is to provide flexibility in site design in order
to encourage natural resource and open space preservation, preservation of agriculturally
zoned land for agricultural purposes, the cost efficient provision of infrastructure, and allow
appropriate design solutions for unique site conditions. Use of the cluster development
option is voluntary.

The cluster development option permits additional lots in return for providing permanent
open space within the development, and a more compact, cost-effective network of streets
and utilities. Except for modifications to the lot and building requirements defined below, all
other provisions of the AR district pertain to the cluster development option.

The cluster development option may be used on any legally divisible parcel in the AR
district. All cluster developments must legally and permanently subdivide all lots at the time
of initial development application.

a. Maximum number of residential lots: Fourteen (14) lots.

b. Minimum residential lot size: One (1) acre.
c. Maximum residential lot size: Two (2) acres.
d. Open space provisions: A minimum area of twenty (20) contiguous acres within the
development shall be provided as permanent open space. Open space may include
active or passive recreational uses, agricultural and silviculture uses, and may be held
in either public or private ownership. Such dedication and ownership of the open
space must be submitted to and approved by the zoning administrator.
Open space established for purposes of meeting the requirements of this cluster
development provision shall not be included as part of any residential lot, and shall be
restricted from any future development by the establishment of permanent
conservation easements held in perpetuity by a public or private entity acceptable to
the county. Accessory structures such as picnic shelters, ball fields, nature trails and
other similar recreational amenities shall be permitted within the open space.
However, other impervious surfaces and non-agricultural buildings, exclusive of those
listed above, are prohibited on the open space.

e. Maximum number of clusters: One (1) per parcel.

f. Clustering of permitted lots between parent parcels: A landowner with multiple
contiguous parent parcels may cluster the number of permitted lots from any one (1)
parent parcel to any other contiguous parent parcel provided the landowner merges
the two (2) contiguous parent parcels into one (1) parcel by vacating the boundary line
and all other lot requirements under this subsection are met.
g. Minimum road frontage width: Seventy-five (75) feet at the edge of the right-of-way.
h. Cluster design standards:
1. The purpose of the cluster development option is to minimize the loss of
productive agricultural land; and maintain the visual quality of the county's
agricultural landscape.
 2. All plans shall minimize the use of tillable soils for development and maximize the
use of sloped and forested areas, which are otherwise less productive for
agricultural uses.
3. The design and location of the cluster shall minimize the impacts to neighboring
agricultural operations and hunting so as not to restrict the rights of adjacent
landowners.
4. The applicant shall show that the agricultural land remaining after subdivision is
suitable for a commercially viable agricultural enterprise.
5. Clusters shall be located so as to leave large blocks of open agricultural land
throughout the agricultural zoning district.
6. Access to the cluster shall be from a single internal road.
7. The appearance of a cluster from an external public road shall be that of a
grouping of farm buildings in that they are clustered together and obviously a use
subsidiary to the prime use of the land - agriculture.
8. Landscaping that defines the access road along its entire length shall be
provided.
9. The cluster shall be planned and designed as a single unit with careful
consideration given to the relationship of structures to one another, landscaping,
buffering, screening, views, light and air, and internal circulation.
10. Strong provision should be made for walking as opposed to vehicular
connections within the cluster.
11. Street widths, alignments, and parking shall be scaled to the size of the cluster.
12. The streetscape of the cluster shall be designed in detail to avoid repetitious
setbacks, driveways, elevations, and landscaping.
13. Where a cluster incorporates an existing historic building, building heights,
exterior features, and building arrangement shall be harmonious with the historic
structure. Street widths, alignments, and parking shall be scaled to the size of the
cluster.
14. Any deed restrictions shall include language recognizing that the lots are in an
agricultural area and refer to the right to farm law.
(Ord. of 2-26-2001, App. A; Ord. of 9-8-2003; Ord. of 6-10-2013, pt. V; Ord No. O-071116-09, 7-11-
2016, pt. I)
Sec. 30-41. - R-1 Low density residential district.

Sec. 30-41-1. Purpose.

The R-1, Low density residential district is established for areas of the county within the urban
service area with existing low-middle density residential development, with an average density of from
one (1) to three (3) units per acre, and land which appears appropriate for such development. The R-1
district is intended to provide the highest degree of protection from potentially incompatible uses and
residential development of a significantly different density, size, or scale, in order to maintain the health,
safety, appearance, and overall quality of life of existing and future neighborhoods.
In addition to single-family residences, only uses of a community nature which are generally deemed
compatible and permitted in the R-1 district. This would include parks and playgrounds, schools, and
other similar neighborhood activities.
Sec. 30-41-2. Permitted uses.

Permitted uses shall be as listed in section 30-79.

Sec. 30-41-3. Site development regulations.

General standards. For additional, modified, or more stringent standards for specific uses, see article
IV, Use and Design Standards.
(a) Minimum lot requirements:
(1) All lots served by private well and sewage disposal systems:
a. Area: One (1) acre (forty-three thousand five hundred sixty (43,560) square feet).
b. Frontage: One hundred (100) feet on a publicly owned and maintained street.
c. Lot Width: One hundred (100) feet.
(2) Lots served by either public sewer or water:
a. Area: Twenty thousand (20,000) square feet.
b. Frontage: Seventy-five (75) feet on a publicly owned and maintained street.
c. Lot width: Seventy-five (75) feet.
(3) All lots served by both public sewer and water:
a. Area: Ten thousand (10,000) square feet.
b. Frontage: Sixty (60) feet on a publicly owned and maintained street.
c. Lot Width: Sixty (60) feet.
(b) Minimum setback requirements:
(1) Front yard:
a. Principal structures: Thirty (30) feet.
b. Accessory structures: Thirty (30) feet or behind the front building line, whichever
distance is less.
(2) Side yard:
a. Principal structures: Ten (10) feet.
b. Accessory structures: Ten (10) feet when between front and rear building lines and
three (3) feet when behind the rear building line and ten (10) feet when in front of the
front building line.
(3) Rear yard:
 a. Principal structures: Twenty-five (25) feet.
b. Accessory structures: Three (3) feet.
(4) Where a lot fronts on more than one (1) street, front yard setbacks shall apply to all streets.
(5) The expansion of a legally established nonconforming structure into the required side or
rear yard shall be permitted provided the expansion does not encroach into the required
yard any greater than the existing encroachment.
(c) Maximum height of structures:
(1) Height limitations:
a. Principal structures: Thirty-five (35) feet.
b. Accessory structures: Thirty-five (35) feet.

(Ord. of 2-26-2001, App. A; Ord. of 6-10-2013, pt. II; Ord No. O-071116-09, 7-11-2016, pt. I)
Sec. 30-79. - Permitted uses by district.

Sec. 30-79-1. Purpose.

The purpose of this table is to show the uses permitted in each of the zoning districts. Specific
requirements for districts and uses are found in article III and article IV herein.
Sec. 30-79-2. Permitted use table.

Permitted uses by district shall be as shown in the following table where:

"R" Indicates a use by right

"S" Indicates a special use

"*" Indicates more stringent standards as specified in article IV

A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Agricultural and Forestry Uses

Agriculture R R R R

Agritourism R R R

Commercial
R* R* S*
Feedlots

Farm Employee
R* R*
Housing

R R R R R R
Farmers Market R R R R* R R* R*
* * * * * *

Forestry
R* R*
Operations

Livestock Market S* S* S* S*

Sawmill S S

Sewage Sludge
S
Storage
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Stable, R
R* R* R* S* S* R* S* S*
Commercial *

R R
Stable, Private R* R* R* S* S* S*
* *

R R
Wayside Stand R* R* R* R* R*
* *

Residential Uses

Accessory R R R R R R
R* R* R* R* S* S*
Apartment * * * * * *

Domestic R R R R
R*
Chickens * * * *

Home
R R R R R R
Beauty/Barber R* R* R* R* R* R* R*
* * * * * *
Salon

Home Occupation, R R R R R R
R* R* R* R*
Type I * * * * * *

Home Occupation,
R* R* R*
Type II

R R
Kennel, Private R* R* R* R* R* R*
* *

Manufactured R R
R* R* R* R*
Home * *

Manufactured R R R R
R* R* R* R* R* R* R*
Home, Class A * * * *

Manufactured R* R* R*
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Home, Accessory

Manufactured R R R R R R R R
R* R* R* R* R* R* R* R*
Home, Emergency * * * * * * * *

Manufactured
S* R* S* S*
Home Park

Multifamily R R R
S* S* R* S* S*
Dwelling * * *

Residential
Human Care R R R R R R R R
Facility

Single-Family
R R R R
Dwelling, R* R* R* R*
* * * *
Attached

Single-Family
Dwelling, R R R R R R R R R R
Detached

Single-Family
Dwelling, R R R R
R* R* R*
Detached (Zero * * * *
Lot Line Option)

Temporary Family
R R R R
Health Care R* R* R* R* R* R*
* * * *
Structure

R R
Townhouse S* S* R* S* S*
* *

Two-Family R R R R R
R* R* R* R*
Dwelling (Duplex) * * * * *
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Civic Uses

Administrative
R R R R R R R R R R R R R R R R R
Services

Animal Shelter S* S* S* S* S* S* S* S* S*

R
Camps S* S* S*
*

Cemetery S* S* S* S* S* S* S* S* S* S* S*

R R
Civic Clubs R* R* R* R* R*
* *

Community Dock S* S* S* S* S* S*

Community R R R R
R* R* R* R* R* R* R* R*
Recreation * * * *

Correctional
S
Facilities

Crisis Center R R R R R R R R R R R R R

Cultural Services S S R S S S S S R R R R R R R R

R R R R
Day Care Center S* S* R* S* S* S* S* R* R* R* R*
* * * *

Educational
R R
Facilities, R* R* R* R* R*
* *
College/University

Educational R R R R
Facilities, S* S* R* S* S* S* S* R* R* R* R*
* * * *
Primary/Secondar
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Family Day Care R R R R R R R R

R* R* R* R* R* R* R*
Home * * * * * * * *

Guidance Services R R R R R R

Halfway House S S S S

Home for Adults S S S S S S S S

Life Care Facility S S S S S S

Nursing Home S S S S S S

Park and Ride R R R R R R R R

R* R* R* R* R* R* R*
Facility * * * * * * * *

Post Office R R R R R R R R R R R R R R R R

Public Assembly S S S S R S S S R

Public
R
Maintenance and R R R R R R R R R R R R R R R
*
Service Facility

Public Parks and R R R R R R R R R

R* R* R* R* R* R* R*
Recreational Areas * * * * * * * * *

Religious R R R R R R
S* S* R* S* R* R* R* S* S* S* S*
Assembly * * * * * *

Safety Services, R R R R R
S* S* R* S* S* S* S* R* R* S* S*
Private * * * * *

Safety Services, R R R R R R R R R
R* R* R* R* R* R* R* R*
Public * * * * * * * * *
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Utility Services, R R
S* S* S* S* S* S* S* S* S* S* S* S* S*
Major * *

Utility Services,
R R R R R R R R R R R R R R R R
Minor

Office Uses

R R
Clinic S* S* S* R* R* R* R*
* *

Financial R R R R R
R* R* R* R* R*
Institutions * * * * *

R R R R R
General Office R* R* R* R* R*
* * * * *

Laboratories S S S R S S R R R

R R R R
Medical Office S* S* R* R* R* R* R*
* * * *

Commercial Uses

Adult
S*
Entertainment

Agricultural R R
R* R* R* S* S* R* R*
Services * *

R R
Antique Shops S* R* R* R* R*
* *

Auction House R R R R R

Automobile R
R* R*
Dealership *
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Automobile
S
Graveyard

Automobile
R
Parts/Supply, S* S* R* R*
*
Retail

Automobile Repair R R
S* S* S* S*
Services, Major * *

Automobile Repair R R R R
S* R* R*
Services, Minor * * * *

Automobile
S R R R S
Rental/Leasing

R
Bed and Breakfast R* R* R* S* S* S* S* S* S* S* S* S*
*

Boarding House S S R R S R S S

Business or Trade
R R R R R R R R
Schools

Business Support R
R R R R R R R R
Services *

R
Campgrounds S* S* S* S* S* S* S*
*

R
Carwash S* S* R* R* S*
*

Commercial
Indoor S S R S R S S R R
Amusement
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Commercial
Indoor S S R S R R R R R
Entertainment

Commercial
Indoor Sports and S S S R S S S S S R
Recreation

Commercial
Outdoor S S R S S S S R
Entertainment

Commercial
Outdoor Sports S S S S S S S S R
and Recreation

Communications
S R R R R R R R
Services

Conference R R
S* S* R*
Center * *

Construction Sales R R R
S* S* R* R*
and Services * * *

Consumer Repair
R R R R R R R R
Services

R R R R
Convenience Store S* R* R* R* R*
* * * *

Dance Hall S S S S S

Equipment Sales R
S* S* S* R* S*
and Rental *

Flea Market S R R R R
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Funeral Service R R R R R R

R R R
Garden Center R* R* R* S* R* R*
* * *

R R R R
Gasoline Station S* R* S* S* S*
* * * *

General Store R* R*

General Store with

S S
Fuel Sales

R
Golf Course S* S* S* S* S* R* R* R*
*

Hospital R R R R R

Hotel/Motel/
R R R R R R R R
Motor Lodge

Kennel, R R R
R* S* S* S* S* R* R*
Commercial * * *

Landscaping and
R R R
Lawn Care S* S* R* R*
* * *
Services

Laundry R R R R R

Manufactured R R R
S* S* R*
Home Sales * * *

Marina S S S S R R

R R
Meeting Hall S* S* R* S* S* S* R*
* *
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Microbrewery R R R R R

R R R
Mini-warehouse R* R*
* * *

Pawn Shop S R S R R R R

Personal
Improvement R R R R R R R R
Services

Personal
R R R R R R R R R
Services

Recreational
R R R
Vehicle Sales and S* R* R*
* * *
Services

Restaurant, Drive- R R R R
S* R* S* S* R* R*
in and Fast-Food * * * *

R R
Restaurant, Family R* R* R* R* R*
* *

Restaurant, R
R* R* R* R* R
General *

R
Retail Sales R R S R R R R R R
*

Studio, Fine Arts R R R R R R R R R R

Surplus Sales R S R R S

Tattoo Parlor R R

Truck Stop S* S* S* S* S* S*
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Veterinary
R R R R R R R R R R R
Hospital/Clinic

Industrial Uses

Asphalt Plant S* S*

R R
Composting R* R* R*
* *

Construction R R R
S* S* R* R* R*
Yards * * *

Custom R R R R
R* S* R* S* S* R* R*
Manufacturing * * * *

Industry,
R S S S R R R
Type I

Industry,
S R S
Type II

Industry,
S S
Type III

Landfill,
S S S S
Sanitary

Meat Packing and

S S
Related Industries

Railroad
R R
Facilities

Recycling Centers R
S* S* S* S* S* S* S* S*
and Stations *
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Resource
S* S* S* S* S*
Extraction

Scrap and Salvage

S* S*
Yards

Transfer Stations S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S*

Transportation
S S S R R S
Terminal

Truck Terminal R R R

Warehouse and
R R R R
Distribution

R R
Winery S* S* S* R* R*
* *

Miscellaneous Uses

Amateur Radio R R R R R R R R
R* R* R* R* R* R* R* R*
Tower * * * * * * * *

Archery Range,
R* R* R*
outdoor

Aviation Facilities,
S S S S
General

Aviation Facilities,
S* S* S* S* S* S* S* S*
Private

Broadcasting
S* S* S* S* S*
Tower, Radio

Outdoor S* S* S* S* S* S* S* S* S* S* S* S* S* S* S*
 A A R- R- R- R- PR RM C- C- N PC I- I- PI
USES AV EP
P R 1 2 3 4 D H 1 2 C D 1 2 D

Gatherings

R R R R
Parking Facility S* S* R* R*
* * * *

Shooting Range,
S* S* S*
Outdoor

Transportation R
Terminal *

Wind Energy R R R R R R R R R
R* R* R* R* R* R* R* R*
System, Small * * * * * * * * *

Wireless
R R R R R R R R R
Communication R* R* R* R* R* R* R* R*
* * * * * * * * *
Facility, Class 1

Wireless
R R R R
Communication R* R* R* S* S* S* S* S* S* R* R* R*
* * * *
Facility, Class 2

Wireless
Communication S* S* S* S* S* S* S* S* S* S* S*
Facility, Class 3

Wireless
Communication S* S* S* S* S* S* S* S* S* S* S*
Facility, Class 4
Proposed Zoning
Ordinance Text
Amendments

Docks
Class 3 Towers
Recycling Centers
Multi-Family Dwellings

Presenter: Gregg Zody

540-586-7616 ext 1252
540-586-2059 (fax)
gzody@bedfordcountyva.gov
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C OUNTY A DMINISTRATION B UILDING GREGG B. ZODY, AICP
DIRECTOR
122 E AST M AIN S TREET , S UITE G-03
B EDFORD , V IRGINIA 24523
_________________________________________

DEP ARTMENT OF COMMUNITY DEVELOPMENT

DIVISION OF PL ANNING

MEMORANDUM

TO: Planning Commission

FROM: Gregg Zody, Director

SUBJECT: Text Amendments

DATE: April 7, 2017

The text amendment language is attached for each of the following:

1. Dock Text Amendment: At their March 27th meeting, the Board of Supervisors passed the attached
resolution directing staff to commence drafting a text amendment to remove reference to the long-
standing practice of the County not issuing a building permit for a dock until AEP approved the
structure.

2. Class 3 Tower By-Right in AP, AR, and AV: Provides greater coverage opportunities in the rural
areas.

3. Recycling Centers and Stations By-Right in AV: Allows a rural community service (convenience
storage) in a district designated as such.

4. Multi-Family Dwelling Units By-Right in PCD: Since residential uses are permitted, this allows a
developer to incorporate multi-family dwellings as a by-right residential component in this district as
opposed to the current special use permit requirement.

PC: G. Carl Boggess, County Administrator

Patrick J. Skelley, County Attorney
Board of Supervisors

_________________________________________

540-586-7616 -TELEPHONE 540-586-2059 -TELEFACSIMILE gzody@bedfordcountyva.gov - E-MAIL

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DEP AR TMENT OF COMMUNITY DEVELOPMENT

DIVISION OF PLANNING
Page 2

1. Dock Text Amendment:

(BOS resolution 3/27/17)

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DEP AR TMENT OF COMMUNITY DEVELOPMENT

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1. Dock Text Amendment:

Sec. 30-83-3.5. Community dock location.

[...]
(c) The county will not accept an application for a special use permit for a dock or similar structure unless
the applicant has received approval of the dock by Appalachian Power and/or the Federal Energy
Regulatory Commission (FERC).
Sec. 30-100-13. Dock location.
(a) This section is intended for docks on or over the waters of the commonwealth. Community docks as
defined in article II of this ordinance, shall follow the requirements of section 30-83-3.5. Bedford
County recognizes that docks on Smith Mountain Lake and Leesville Lake are within the purview of
Appalachian Power.. and as such seeks to regulate docks consistently with its requirements.
(b) Before any person erects, constructs, reconstructs, moves, or structurally expands any dock or similar
structure, he/she shall apply for a zoning and building permit, prior to the issuance of a building permit.
Issuance of the required Bedford County permits is dependent upon approval of the dock by
Appalachian Power.
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DEPAR TMENT OF COMMUNITY DEVELOPMENT

DIVISION OF PLANNING
Page 4

2. Class 3 Tower By-Right in AP, AR, and AV

Sec. 30-87-3(i) Additional standards in the AP, AR, AV and NC districts for Class 2 and 3 wireless
communication facilities:

(1) WCFs that are sited in open areas of a property instead of areas with vegetative or other cover that
aids to screen some of the effects of the tower, shall go through a special use permit process. WCFs
shall be reviewed administratively if less than ten (10) feet above the surrounding tree line. WCFs
that are sited in open areas would not meet the requirement of "stealth techniques" in subsection
(i)(2) below, and would be subject to the special use permit approval process for WCFs.

(2) If the zoning administrator through administrative review determines the proposed WCF does not
use stealth techniques to reduce the impact of the WCF on surrounding properties and view sheds, a
special use permit shall be required.

(3) The siting of any new antenna support structure associated with by right WCFs shall follow the
application requirements listed in subsection 30-87-3(g). Such towers would be exempt from any
requirements listed in section 30-19

R R R
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DEPAR TMENT OF COMMUNITY DEVELOPMENT

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Page 5

3. Recycling Centers and Stations By-Right in AV

R
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4. Multi-Family Dwelling Units By-Right in PCD