agenda bedford county planning commission county … · 122 e. main street, bedford, va may 7, 2012...

AGENDA BEDFORD COUNTY PLANNING COMMISSION

County Administration Building - Ground Floor Training Room

122 E. Main Street, Bedford, VA May 7, 2012

7:00 p.m. – Regular meeting

Regular Meeting

1. Call to Order and Determination of Quorum

2. Approval of Agenda

3. Approval of Minutes

March 19, 2012

4. Citizen Comment Period

5. Old Business

a) RZ110004 – KOKO, Inc. 6. New Business

a) RZ070015 – Sunset Cay – Master plan revision b) Adoption of 2011 Planning Commission Annual Report

7. Adjourn

Rezoning

RZ110004

KoKo, Inc.

Presenter: Jordan Mitchell

540-586-7616 ext 1393

540-286-2059 (fax)

[email protected]

To:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Bedford County Planning Commission

Tim Wilson, Director of Community Development ~ Mary A. Zirkle, AICP, CZA, Chief of Planning,./") > A"Z-

Jordan Mitchell, CZO, Planner~ April 20, 2012

Rezoning Application (RZ110004) - Required Development Standards

As you know, the Planning Commission held a public hearing for Rezoning application #RZ110004, submitted by KoKo Inc. (Robert Conner), at their April 16, 2012 meeting. Three (3) citizens spoke during the public hearing and expressed concerns that the developer has a history of not finishing his other developments, the lack of a buffer from adjoining developments, and facilities for residents of the proposed development. After closing the public hearing, there was discussion of parking standards for off-street parking and the addition of a play area for the residents of the multi-family dwelling (apartment) unit development. The Planning Commission voted 6-0 to continue discussion on the Rezoning application at their next scheduled meeting on May 7,2012.

A standard for off-street parking is listed in Article V, Section 30-91-6(A) ofthe Zoning Ordinance for off street parking areas with 15 or more spaces (Attached). Parking associated with the proposed development would be required to be constructed and maintained with "a surface in accordance with the Virginia Department of Transportation's latest edition of the Subdivision Streets Requirements Manual." Conformance with this section of the Zoning Ordinance would be part ofthe review process of a Site Plan submittal for the development.

Buffering of surrounding property is addressed in Article IV, Section 30-82-11 of the Zoning Ordinance (Attached). This section refers to buffering requirements where a "property adjoins a less intensive zoning district" and refers to Chart 1 in Article V, Section 30-92-4 to determine if a buffer is required. Since all of the adjoining properties are zoned PID, the applicant/developer would not be required to place a buffer yard on the subject parcel if the Rezoning application is approved.

Rezoning Application #RZll0004 - Required Development Standards Page 2

Recreational areas for residents of a multi-family dwelling (apartment) unit development is also addressed in Article IV, Section 30-82-11 of the Zoning Ordinance. The applicant/developer will be required to have 5% of the development dedicated to open space or recreational areas. This section gives the applicant/developer the option to choose what facilities will be offered for the development as long as they are of an "appropriate nature and location to serve the residents.1I Compliance with the open space and recreational area requirements would be part of the Site Plan review process for a multi-family dwelling (apartment) unit development.

Site use and land development information associated with a Rezoning application is what Article 1, Section 30-14-1 characterizes as "proposals for development activities which constitute amendments to the ordinance pertaining to the reclassification of a specific parcel(s).JJ This requires the applicant to show what his intentions are for the property when seeking a Rezoning.

Rezoning requests to a Planned Development District is different from other districts since they do not require a proposal of intention. These districts take the concept of a proposed use to a higher more detailed level which the ordinance constitutes as a Master Plan. Once a rezoning to a Planned Development District is approved, the developer must develop the site as shown on the approved Master Plan or seek amendment through the Planning Commission if a deviation is requested.

As we have discussed, the applicant submitted a proffer associated with the rezoning application that is too vague and ambiguous to enforce. Without a voluntary proffer that would limit the property to the intended use, the applicant/developer or any future property owner would be lawfully permitted to make application for any use listed as "by righf' in the R-4 zoning district and expect approval if all development standards are met.

As of the date of this memorandum, the applicant/developer has not amended or submitted any additional voluntary proffers for the Planning Commission to review. Staff looks forward to further discussion on this Rezoning application at the May 7, 2012 Planning Commission meeting.

Attachments 1) Article IV - Use and Design Standards, Section 30-82-11, Multi-Family Dwelling 2) Article V- Development Standards, Section 30-91-6, Construction Standards 3) Article V- Development Standards, Section 30-92-4, Applicability of Regulations

Sec. 30-82-11 Multi-family Dwelling (A) Intent - The following minimum standards are intended to accommodate multi-family

dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive.

(B) General standards:

1. Minimum front yard setback: 30 feet from any street right-of-way for all structures.

2. Minimum side yard setback: 20 feet for principal structures.

3. Minimum rear yard setback: 25 feet for principal structures. 4. Additional setbacks in the form of a buffer yard shall be required in accordance with

Article V where the property adjoins a less intensive zoning district.

5. Each multi-family building shall be separated by 40 feet between facing living areas. This separation may be reduced to 20 feet when both multi-family buildings contain windowless walls.

6. Where buildings are placed at right angles (90 degrees) to one another and both

interior walls are windowless, the minimum separation of buildings shall be 20 feet.

7. Standards for open space and recreational areas required below:

a. Shall be in addition to any buffer yard required under Article V of this ordinance;

b. Shall be in addition to, and not be located in, any required front, side, or rear

yard setback;

c. Shall have a horizontal dimension of at least 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.;

d. Shall not include proposed street right-of-ways, open parking areas,

driveways, or sites reserved for other specific uses; and,

e. Shall be of an appropriate nature and location to serve the residents of the multi-family development.

(C) Additional standards in the AV district:

1. Minimum lot size: 20,000 square feet for the first dwelling unit, plus 5,000 square feet for each additional unit.

2. Maximum density: 8 dwelling units per acre.

3. When adjoining a lot containing a single-family dwelling, a Type C buffer yard as described in Article V shall be provided.

4. Common open space and recreational areas required: 5 percent of the total lot area for parcels of 2 to 5 acres, and 10 percent for parcels over 5 acres. No open space is required for parcels under 2 acres.

(D) Additional standards in the R-3 district:



3. The property shall be served by public sewer and water.

4. Common open space and recreational areas required: 5 percent of the total lot area

for parcels of 2 to 5 acres, and 10 percent for parcels over 5 acres. No open space is required for parcels under 2 acres.

(E) Additional standards in the R-4 district:



3. The property shall be served by public sewer and water.

4. Common open space and recreational areas required: 5 percent of the total lot area

for parcels of 2 to 5 acres, and 10 percent for parcels over 5 acres. No open space is required for parcels under 2 acres.

(F) General standards in the C-1 district, independent of the general standards above:

1. The multi-family use shall be allowed only in the same structure as, and in conjunction with, an associated civic, office, or commercial use type.

2. The civic, office or commercial use type must occupy at least 50 percent of the gross

floor area of the structure.

Sec. 30-91-6 Construction Standards (A) All off-street parking and stacking areas with 15 or more parking spaces, including aisles,

stacking spaces, and driveways, except for those required for single family and two family dwellings, shall be constructed and maintained with a surface in accordance with the Virginia Department of Transportation’s latest edition of the Subdivision Streets Requirements Manual

(B) Off-street parking areas, including aisles and driveways may, upon approval of the director

of planning, be exempt from this provision if such facilities are for a temporary purpose. However, such areas shall be graveled and maintained in accordance with standards approved by the director of planning.

Sec. 30-92-4 Applicability of Regulations (A) Requirements for screening, landscaping and buffer yards between properties, lots, and/or

zoning districts shall be determined by using Chart 1. Where a space is blank, screening, landscaping, and buffer yards are not required.

CHART 1

Site Zoning R-3 R-4 PRD NC C-1 C-2 PCD I-1 I-2 PID Adjoining Existing Use

TYPE

AP A A * B B B B C C C AR B B * C C D C D D D AV * B B C B D D D R-1 C C * C C D C D E D R-2 B B * C C C C D E D R-3 B * C C C C D E D R-4 * C D E D PRD * * * D E D NC C C C C-1 C C C C-2 C C C PCD C C C Footnote: * The zoning administrator shall determine the required type based on the existing or

proposed use in the PRD and the district in which those uses are permitted. The following shall be the requirements for each Type Codes listed in Chart 1. The developer of the lot shall decide which option applies: TYPE OPTION 1 OPTION 2 A - 6 foot screening - 7 foot buffer yard - one row of intermediate evergreens

B - 6 foot screening - 15 foot buffer yard - 7 foot buffer yard

- intermediate evergreens - intermediate evergreens and one row of evergreen shrubs

C - 6 foot screening - 25 foot buffer yard - 15 foot buffer yard - large evergreens and one row of

evergreen shrubs D - 6 foot screening - 35 foot buffer yard - 25 foot buffer yard

- large and intermediate evergreens

- large evergreens, intermediate evergreens, and one row of evergreen shrubs

E - 8 foot screening - 50 foot buffer yard - 35 foot buffer yard

- large deciduous and large evergreens

- large deciduous trees, large evergreens, intermediate evergreens, and one row of evergreen shrubs

F - 8 foot screening - 100 foot buffer yard - 50 foot buffer yard

- 3 large deciduous trees per 100 feet; 5 large evergreens per 100 feet; and 7 intermediate evergreens per 100 feet.

- 6 large deciduous trees per 100 feet; 10 large evergreens per 100 feet; and 15 intermediate evergreens per 100 feet.

(B) Where a new, expanded, or reconfigured parking area is proposed adjacent to a public street

right-of-way, a planting strip shall be established between the parking area and the adjacent right-of-way. The planting strip shall have a minimum width of six feet. Within this planting strip, one large deciduous, large evergreen, or small deciduous tree shall be planted every 30 linear feet along the public street right-of-way. In addition, one evergreen shrub shall be placed in the planting strip every 5 linear feet.

(C) Landscaping Required for Parking Areas: New parking areas shall include landscaped medians, peninsulas, or planter islands in

accordance with the table below. Such areas shall be planned, designed, and located to channel traffic, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with small deciduous trees with a minimum diameter of 1 1/2 inch at the time of planting in accordance with Section 30-92-3(C). It should be noted that these standards are in addition to other screening, landscaping, and buffer yard requirements found in this article and elsewhere in the ordinance.

PERCENT OF INTERIOR LANDSCAPING IN PARKING AREAS Number of Parking Spaces I-1 and I-2 Districts All Other 0 to 24 0 0 25 to 50 0 5 percent More than 50 5 percent 7 percent Expansion of existing parking areas shall comply with the requirements above if the

expansion involves the addition of an area equivalent to 10 or more parking spaces and the resultant parking area has the equivalent of 25 or more spaces. The percent landscaping required above shall be calculated on the basis of the square footage of new parking area only.

(D) All refuse service (dumpster/containers) and outdoor storage areas in all zoning districts

shall be screened from surrounding views. Rooftop mechanical equipment shall be screened. In addition, ground level mechanical equipment shall be screened or landscaped.

(E) Commercial and industrial use types shall screen from surrounding views all articles and

materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement.

Rezoning RZ070015

Sunset Cay

Master Plan Revision

Presenter: Mark Jordan

540-586-7616 ext 1394

540-286-2059 (fax)

[email protected]

MEMORANDUM

TO: Bedford County Planning Commission

THROUGH: Timothy L. Wilson, Director of Community Development ~ Mary A. Zirkle, AICP, CZA, Chief of Planning

FROM: Mark E. Jordan, CZO, Planner N\~ ~Z-

DATE: April 20, 2012

SUBJECT: Master Plan Revision - Sunset Cay (RZ070015)

Attached for your consideration is a request from Scott F. Easter, P.E., ACS Design, on behalf of Stellar One Bank, the current owner of Sunset Cay, Section 1, for approval of a revision to the approved Master Plan for the PD-l rezoning application (RZ0700 15), which was approved by the Bedford County Board of Supervisors on September 24,2007. Stellar One acquired the property through foreclosure on October 29,2009.

The plat for Sunset Cay, Section 1 was approved on August 17, 2009 (Attached). It is this plat that is proposed for partial vacation. This vacation will affect the PD-l approved Master Plan, thus the need for Planning Commission review.

The applicant is requesting that the master plan for the above-referenced rezoning be amended to allow a vacation of a portion of Sunset Cay, Section 1 of existing lots 1 - 4 and 20 - 31, Open Space "A" and Open Space "B", Key West Drive, Marathon Key Court and part of Islamorada Court to create a 5.264 acre tract. The request also includes the creation of stormwater drainage easements to convey the stormwater from Phase 1 to the stormwater detention pond, as well as additional waterline easements for the existing water utility. Per the information provided by the applicant, by combining the lots into one tract, the marketability of the property will be improved. Additionally, the number of single family lots (16 total) will decrease as a result.

Analysis Consideration for the requested amendment should be evaluated against the Purpose of Section 30-67-1 Planned Development District (PD-l) as quoted below:

Section 30-67-1 Purpose

The purpose of this district is to promote the efficient use of land by allowing a wide range of land uses at various densities and allowing the flexible application of

2

RZ070015 - Master Plan Revision Request Sunset Cay Page 2 development controls, while protecting surrounding property, natural and cultural resources, and the scenic beauty of the land. The PD-1 district is intended to provide greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design. Incorporation of areas of open space is a primary component of this district. The PD-1 district is particularly appropriate for parcels which contain a number of constraints to conventional development. The PD-1 district is intended to implement development within Urban Development Areas (UDAs) as defined in the Comprehensive Plan. In addition to an improved quality of design, the PD-1 district creates an opportunity to reflect changes in technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs. The Planned Development shall be a visual asset to the community. The appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering shall be characteristic of these planned communities. The PD-1 district should have a variety of uses (commercial, employment and residential) and should not be utilized only to increase residential densities. The area involved with this request is designated as "Existing Neighborhood" on the approved Master Plan and was approved for single family dwellings. Any further development of this immediate area must comply with the approved Master Plan for the designated use. Any proposed change in use (i.e. change in residential use types or a change from residential to commercial) will require further review. The property is a part of the overall PD-1 district. No immediate changes to the existing PD-1 district are anticipated with this request, therefore, the request meets the applicable purpose. Revisions to Final Master Plan As required by Section 30-67-6 of the Zoning Ordinance, all revisions to the final master plan shall be reviewed by the Planning Commission. The Planning Commission shall determine if the revisions to the final master plan are major or minor. Major revisions shall be reviewed and approved following the procedures and requirements of Section 30-67-5. Minor revisions shall be reviewed and approved by the Planning Commission. Major revisions include, but are not limited to changes such as: (A) Any increase in the density of the development; No changes in the overall density are proposed. The area is identified as "Existing Neighborhood" on the approved master plan, and is a part of the development that

3

RZ070015 - Master Plan Revision Sunset Cay Page 3 was zoned R-2 prior to the rezoning request. This part of the property was platted prior to the rezoning approval, and was a part of the 486 acres that was approved for the PD-1 rezoning with RZ070015. If approved, the request will result in a decrease of 16 single family residential lots. (B) Substantial change in circulation or access; Two cross streets are being eliminated. The request has been forwarded to VDOT for review and comment. (C) Substantial change in the mixture of dwelling unit types included in the project; This immediate area is undeveloped and was approved for single family dwellings. No changes are proposed in the mixture of dwelling unit types. (D) Substantial changes in grading or utility provisions; The Bedford County PSA has reviewed the proposal. Per comments from the PSA, "Some of the easements proposed contain existing PSA infrastructure from Phase 1A that would need to be addressed and revised prior to PSA approval. In areas of Phase 1B and 1C, vacation of the lots, rights-of-way and/or easements as proposed would jeopardize the likelihood of the PSA accepting the infrastructure upon completion in the future, as it would contain undesirable, excessive, unused or unnecessary service taps etc. as a result of the vacations". (See enclosed Bedford County PSA comments dated March 21, 2012). (E) Substantial changes in the mixture of land uses or an increase in lot coverage or the amount of land devoted to non-residential purposes; No changes are proposed in the mixture of land uses, an increase in lot coverage, or the amount of land devoted to non-residential purposes. (F) Reduction in the approved open space, landscaping or buffering; A reduction is proposed in the existing open space; however, the end result is a parcel with a greater amount of acreage. If the parcel is developed in the future, a total open space of 10% must be maintained, per the requirements of RZ070015. (G) Substantial change in architectural or site design features of the development; No changes are proposed in the architectural or site design features of the development. (H) Any other changes the zoning administrator finds is a major divergence from the approved final master plan. No other changes to the approved final master plan are proposed.

4

RZ070015 - Master Plan Revision Request Sunset Cay Page 4 In accordance with Section 30-67-6 of the Bedford County Zoning Ordinance, the PD-1 zoning district requires that “all revisions to a final master plan [shall] be reviewed by the Planning Commission”. Using the criteria above and the purpose of the PD-1, the Planning Commission must determine if the revision request is major or minor. If determined that the request is minor, the revision request may be acted on by the Planning Commission. If the request is determined to be major, the revision must be reviewed and approved following the procedures and requirements of Section 30-67-5, which requires a public hearing. This revision request is scheduled for the May 7, 2012 agenda. If you have any questions regarding the request, please contact me at (540) 586-7616 Ext. 1394 or at [email protected]. Attachments

(1) Developer’s Request Letter dated March 8, 2012 (2) Proposed Plat dated January 30, 2012 (3) Recorded Plat - Sunset Cay, Section 1, approved August 17, 2009 (4) Sunset Cay Master Plan (5) GIS Map showing total area in vacation (6) Bedford County Public Service Authority Comments dated March 21, 2012 (7) Section 30-67, Planned Development (PD-1), Bedford County Zoning Ordinance

www.acsdesign llc.com

March 8, 2012

Ms. Mary Zirkle Chief of Planning Bedford County Planning Department 122 E. Main Street, Suite 0-03 Bedford, VA 24523

RE: Stellar One Sunset Cay Master Plan Revision Request ACS DESIGN Project No.: 07246M

Dear Mary:

les DESIGN

ACS DESIGN, on behalf of our client Stellar One, would like to submit this revised plat of subdivision depicting proposed changes requested to the Master Plan for the Planning Commissions review. The proposed changes include the combining of most of the remaining lots into a single tract and the vacation of the public right of way. The plat also includes the creation of storm water drainage easements to convey the storm water from Phase 1 to the stormwater detention pond as well as additional waterline easements for the existing water utility.

The main reason behind this request is that our client is in need of these adjustments due to the poor economy and resulting downturn in the real estate market. It is hoped by combining these lots that the developments marketability will be improved. Please schedule our request before the Planning Commission as soon as possible. Thank you.

Sincerely, ACS DESIGN, LLC

Scott F. Easter, PE Principal & Civil Engineer

KLD/kd

Cc:

2203 Peters Creek Road, NW ENGINEERING

Rosnoke, Virginia. 240 17 PHONE: (540) 562-2345 FAX: (540) 562-2344 PLANNING SURVE YI NG CONSTRUCTiON MANAGEMENT

KNoW AU-MEN BY THEsE PRESENTs, TO wlF:

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7. THE ~ PRCffRTY IS za.ED Pr>-I.

8. zrHNG CAF/RIES 71£ Fr1.LCNING SC1BACI<S NOT 9iC1rIN FeR aARlTY. ALSO !L6.£CT 7D ANY 1IF0f/UA 7ICN FRGII BEIJFrR) caNTY P/.NNNG IN) ZtNNG. (SEE NOTE J ABOI€)

~T YA/iD SF:1IIACK - 10' WlUJII RE:I.R YA/iD S£TBN:K - S MNIUJII sa: rA'i'D Sf:1!lAOI' - $ __ M/6£ FU.Lr OCT"~ WIt.U.I ~AN:£ .££1\!EE1i S7RUC1tfi£S !WlL/. BE 10' "'foIJIU.I N.OIG II[),.QMNG ~ ~ CQF ca.RSE ~ ~ IIl/oNM ADJACENT 7D fENJRCKS srmc F/OAD = IS' "',.,_

9. ~ U1IU1IES U4Y DI1ST CN 71£ SUJ..£CT PRW£RTY 'oIHCH AI£ NOT SHOfW /£REa./.

,a 9EDFOf/D caNTY ()(£s NDT Affi'<'OI£ Of/ ENTYICE RESTRlCT/1€ cr:r.£JIANTS

SLD'./9(II MZNT

I/. TIE .Il.RI£lOIIS LA'iAIII4i£ (F ANY EXISTING Of/ Pf/fPOSED OflRS 0fI W4STE SI=

12 116 PI..A T IS 84Sro CN PRI~ SlR\€l'S /W) EXISTING REcaIDS

,.1 -".L ~ Ffl.(MDEJ) FeR F/OADWA Y PI.R'O(iB NI£ 7D BE WlNTAIIED IIY TIE IIRQ\\IA OEPI<RIJENT CF TRANSPOf/TA~ t:N.. r III TIE EXID/T /£CESSN?Y TO !ER'£ f/OADIIjI Y PlI1POSES.

'4. ALL EXISTING fASEJelTS AID PIBJC S1/I£ET ROITS-<T-~Y iflTHN 71£ AI/E;\ 9KJiIN I6/EOI fJOUIoD£D BrCXJ'TSIE CUNiRS , 7J.RU 6 7D I N/£ f£l/EBt V-4CAlW t4l1H TIE Stt:E!'7ICN OF 71£ 30' 5AMTJWY ~ &.:BENT N3JO!>ING EXISTING I9AIOf/AOA CCU/T AID 1/£ 11$' PVElJC UTlUTY Ei'SaEHT A.().DNING 1/£ Wrsa: w.NJNIY U/£ FRGII PONT 5 ro Pr:»IT 6.. TIE POIlTIOoI CF £XI'S1ING /lEY I.IlRGO aa.tEVA'i'D AD..df#Nc THE w.NJNIY U/£ FROJ PC'iNT I 1tI PQNT 2 is IEH!Jrt ClSCQ/T/MJED.

PLAT OF PARTIAL VACATION MADE FOR

STELLARONE BANK SHOWING THE VACATION OF A PORTION OF REVISED

SECTION I, SUNsrr CA Y, BEING EXISTING LOTS 1 THRU 4 AND 20 THRU 31, OPEN SPACE -A

AND -B-, KEY WEST DRIVE, MARATHON KEY COURT, AND PART OF ISLAMORADA COURT, CREATING

HEREON A 5.264 ACRE TRACT

LAKES MAGISTERIAL DISTRICT

BEDFORD COUNTY, VIRGINIA JANUARY 30, 2012

SCALE: AS NOTED

SHErr 1 OF 3

PLAT BOOK _ _ PAGE _ _ I 0-072461

LEGEND

~l ".

SEE SHEET 3 _ _ _ _ _____ __ _ _ --- --r---\ - ---

Ac .•...... Acre(s) r------------r l EASEMENT UNE TABLE _X_ •••• FfIfIC6 Line

N/F. ... Now or Formerly UNE PUE. ..••• Public UI.Jity Easement SDE ••..• Storm Droin £OS8ITJtlfJt

~\~I TOTAL AREA IN VACATED \ ~\ ~ \ LOTS AND STREETS PROPERTY OF

STEllARONE BANK

£1 £2

BEARING I DISTANCE I N 36'31 '59" W 60.45 ' I I ti51'09'OT" WI76.69· CEMETERY

I , , , .t_L

-I X; .J.~OI

Mt£. •..•• WotSf" Un. £asemen t \ '" I ' I A'I ~ , 5.264 ACRES ~ I ... ,

84.99' 1 , N56'08'OrE

TAX PARCEL 221-A-47 INSTRUIIENT NUMBER 09001:SOSO

E3 N 52'42'10· W 178,79 (. N 25"3 21 W 52.27

NOT SET

TAX, 221-A-48

"1i. NaT SET 521.50' TOTAL ...

\{. ~ KEY LA R GOB 0 U LEV A R D ~I~ KEY LA R GOB 0 U LEV A R D ~. ~ ~54.42' .53' PUBUC RIGHT-OF. -WAY (BEING DISCONTINUED) r;;'\:i ~ VARIA8L£ MfDTI/ PUBUC RIGHT-OF-WAY ':IE. L2 ,NCW UHF ( N5nJIJ·07·~__ 5llJ'.!tt· "-,, ~ ~--.HJsnro-x-

\..!.) ...,.. ''-'lOO f ";:C "J.IJ~ ~ ; • 11100' • •• - •

I I L __

0',\ h~ _,,, , '-'--" -- , - -, ... w UN.

~ a.., I .... o~ , _ _ ,\, 2 .Jg •. _, . ~O'M'8,(}O '~"I 1/1,00 ' . t--1 ~ O~ ... / ~o " I ' -l 0 - 15 PUE I ~~.-.... • w/. I I " , . . --- - ---- ---------- 1 _--____ 45 - 15' PUE

~' : / ~/ \ Lot JO ~ : :s Lo( 25 . : l LOT 15' : --- '1-------

f l

6° '\)

l

~ ~ "'~ \ 0.255 Ac. l:I 'g 0.257 Ac. I :::: :... 1:l1 Lol 14 ~ ;;;- TAX 1221-13-15 ' I "-• II ':, I TAX /22I - IJ-JO "' . :. W( 122/- /~:t5 1 g. ~ I.. 0 ,269 Ac. ..; ~ ROCKY ~ D~'O' I I LOT 14 h~t_ ar"" I~I~

I _ • • ~::} I" 'fAX' 22l-r:J- 24 IJ) ~ ~~ .. , ,.. I TAX, 221-13-14 sIgn ecssmGl"l DreG \ rO.1 • _ I : ~ ~ S1I.IONEm 1

..... .~-:in 0" ~

o "<> .,. ..

xO::l

-'~!S "'go" ~ n

,'J> <a

'Z-

"""

-" .... - m , .,.

~ ~ 11 ... '" ~~ ?3

~\"'~ -z;. ~"'L

~~~ ~~ ~ ... \.. "' ... ~

%" ~ \. ~

, "'01. ,' . , ... !~';1~: . , .' N:i6TJ8'O?"E I . S ~ _ ii INST.1090012012 , 1 \ /I -S$TJ8'Orw ,. ~ .. , . , . , .... : .... 'I" . 0 "'~ I SS6tJ8'O?'W Co , I \ t.\ , . :1" 17.!A00 , : ~~ 9 'I' " " ,25;00 '" .... , , i

''/l. 1 ... ·1 \ TAX/221-1.J-3/~' I • ~ I~ l.'! I I 'N 1 ... ·.e \ g;;" Lot 26 ""i 0. ' I· ~ Lo/ 2J ' oS LOT 16 1 ' '$..\ CI 'g'.'f.!'. \ LOl l' . :~ 0.207 Ac. lil t ~ : 1" ~I~. 0,206 Ac ~ :: TAX 1 221-13-/6 I III I LOT 13

' '.I, \ -.r , 0, 18 Ac. ~ . TAX/221-IJ-Z6 " I ' ;:J 'II" ~ TAX '221-13-2J ;:; I ~ I TAXI 221-13-13 • • I !ro" , _ . u ·· .. 1 I GARY tv. ELLIS ... 1 -:"... I <i~;X!L SSf. C!A£"'FO) ~. N'OO7"(: § ! : Yi is' ~ I ~ _ INST.I 090012649 , , • 0. IJ' t- ., -' ••• , , • , •• . . .. •.• '~I' 'a'" i'! ;-y ,. 5!1 .... "'01"~ I' oq: ).. 1

~ a .. I .. ... . ..... '" 12S.~' "" ,., " . ova • I

\ 'l ~'I~S5S'08·al'W;.\ ~ -,> ." <> ~ •••••• • • , ." ••••• , ... ;Ii • I ~. I \ 8773' 00 0. 1 . j § >1 /Z5.00 I I

~ '"0 ~'. . ' :~ ~ in - ' .... co l. • LOT 17 I ",'. ' 1'-.1 .... 0 • .,," Lor 27 -:::: : '" ~ "'1=11 Lol 22 .., TAX 1 221-13-17 I ~ ). ~ ~ I 1i. • .,.,. I~.\. ,~ ~ .:;; 0210 Ac .,; . ~i;J I.,;' 0. 190 Ar:. ;;j I"' ... "" LOT 12 ci '. 'i ~ , ';:r.\ ~9" :00 TAX i 221-/3:"21 ! ": <>€. I'" I T~X" 221 -13 - 22 '" OEBORAH L KIRK I., III § ., I TAX 1221-13-12 1. . ~ ~ \ 9' . \ I ... ~ ",. _ , >. ,. I I _ INST.I 090012647 I - .... '" -

" \' '!). \ '!:.:. \ ~o~ I~,., .. . N.:'F~'Orc ," ~~ 1 555W'07'w I .. ~ I I ". -; ~ \ \.~~ \~; '6 ~ : '2~O{'" ...• "': ~h r' ... . "25.00" . . . . . . I "'-- ~ , 'ii:;' 1 • \ \~ '» Zl ' ~ I, ' ~... II' " LOT IB , ... ::- I ~ \ ~:.~ :.::" Lot~8 81: "'~ I~ Lot 2 ~ ~ TAX I 221-13-IB I U ~ r LOT 11

c::" I ~ '.I;;,\ ~:ci 0.204- Ac. I !:I '~ ~~ ~I::l 0,/98 Ac. ill !'> RIQlARD F..t: LORI I .... , TAX 1221-13-11 "'~.' ~ 1 '6 '\"', ~.", TAX I 221-IJ-2B I ~: ~ ~;6 1 TIoX I zn-'~Z·l ~ A. BRADFORD I ... , t " '8 \ 1'.~ \ : NS6M7'E I : ~ ~ ;;1 SSfi'08'07''''' a INST.11I0009983 I Q I I

w '- L , 0 •••••••• • •••• • •• 1.0 1l...t:?9 . .... . .......... I :.. '."" <;'\ '.1"'" , /2s,pe)'" . ::::- i:> '" I' 125_00' 'I I "l,~ \ ,)~ : I :g ., I 1 LOT 19 I I ::. ,~, 1 '.1';<: ~ Lot 29 I ~ :~ f;:; , _ot 20 . TAX 1221-1~19 : ' LOT 10 ... ----.....

\ 1'" \ ~~ 0.261 Ac. I ~ : I~ I 0.280 Ac. ~ JERRY A. WALLER I I TAX 1 221-13-10 "2 -.." I ~~ \ ':ii TAX I 2.21 - 1J-2') , . I I TAX / 22'-13-20 l1l .t 71lACEY s. WALLER I I ,/' \ 'I""" IN \ , ,., \ ~: I : 1 I NIrW 25' II'LC ST.IIOOO09B73 'I I \

-.&- 2:Q /-l'.

'$" f) 11 ~j ,,~ C;;,p ...... -:, o -;:u OA VlO A. BESS > ~~-T~-L---------~7V----~ L _______ _ ~_ ----------~ ~----------- J \

, T.· 112. / J' NIrW 25' W~. · ",. 1/064 " IS' PUE " temporary I '\ Lie. No. 002240

JANUARY.3O. 2012 U' ~ -L~''2!i'5lJ''''( w -- 554'2~'!'.~.--'O' I

~ I I";' e .. • "./. .. " ...... 0 'rq ~ . ° ........... J .... r--.. - cons/ruc.t"", /

~. -~-~-r--- s~.~::C-f;~T~~~-~:,r;Ii-v~;;.:m-y;;;-;.J~ ISLAMORADA COURT lJosemen ;, ? ... I L-------7----~-----..,-~..,.-------. SS I (JI NOT SIT 50' PUBLIC RIGHT-OF-WAY ) / (A~'"

PLAT OF PARTIAL VACATION MADE FOR

STELLARONE BANK SHOWING THE VACATION OF A PORTION OF REVISED

.SECTION I, SUNSET CAY, BEING EXISTING LOTS 1 THRU 4 AND 20 THRU :51. OPEN SPACE -A

AND -B-, KEY WEST DRIVE, MARATHON KEY COURT, AND PART OF ISLAMORADA COURT. CREATING


LAKES AlAGISTERIAL DISTRICT

BEDFORD COUNTY, VIRGINIA

0'

0-072' 6"

JANUARY:50, 2012

SCALE: 1 INCH = 60 FEET 60' 120' 180' -

SHEET 2 OF:5

~ "I C'~~:O:'!.~_ .. __ =~.·29.58'W 2.51Ji-~ 0 JI.4.J'I~JI.or S" 1'-- '2488' : fi2.50;-~50· I ) ~62.50' S54'(29'5B'W • / I I 1 ' HJ.~-!'~5: PtJ~ ').:.J ,...--.3OSSC-'

_ ,- _ _ -.;. _ _ _ :'-: IVAC~ L..,: _ _ _ f-- _ _ ...L - - - - -~ ~ _. C"It . I . ~ . .... ~~:x fO ,..,. Q) 01 m I .1 I ~ l}u' ..; , }t. t,i J, !-.I' (.) I • II) "'C Q I J 1 1 "'j Yi '<:( ~ (\j'" '" ':? (\Ii :I;,.. I ~ -:t" _ ~:-~ "'" '<{ :2 .. ~ I Cb:2 ~ :2 :2 ~

~ ..... ~ I ~:q C\4 !.~.!~ I _fI;) .!. 5:i.q ...... O'l.!.. ~blt):2loJg -aj' ""'1 Cbl 0,1

I Co, I "0 9 ~ ~.~ (; ~ ~ ('1~. ~ -~ 3 ~ ~ g.~ .3 ~ ~ i6 f.: .... ..!. ~ ~ b ~ ~ ~ b ~ ~ ~ -.I ."~ Il').-.....J- ' 1- • 1.1")'- • ~W)Ol'o,j",,", ...a ~" ..,,~" ...a~" ~"

l I c::i).c~' c:::i lo( Vi'" O>c '"). a).c ~ ..... t"14 "'C :.c :.c loc ...a lot

'-.l ;0 I: ~I :l I ~V)j: ~ I ~~t; ~ ~ ~ ~ ,t • . • .1 • 10-.: <t)~ ----~--

~- 87-'r-~~f::.::~;.2:L~-~-~;5;.-~ ----=-~---- --~ --- - f" .~ ---- ~ - - --------ACS

~~FOUNlJ DlSTUR8EO ~YF GEORGE L ~ JIIIIIE A. EN(;I.JSH DESIGN

.

IRON PIN BY Mrr~L POST N/F GENE R. SAUNDERS ~ IIARIE s. BA I7VI TAX MAP 22/-A-47A ~''''''"'''S!rwin<! TAX MAP 222-A-15 DEED BOOK 459 PAGE 473 COftiWCiiOO · ..... _'1

INSTRUMENT NUMBER 960004601 2203 "*' en. Rood. ,.. RomClke. V'1linia 24011

N/F GENE R. SAUNDERS .t: MARIE S. BA I7VI Ph...., 5<11-562- 234S T/IX IIAP 222-4-A NOTE: IRON PINS ARE LOCATCD AT CACH EXI5nNG LOT Fa", 540-562-2_ INSTRUMENT NUMBER 960004601 CORNER, P.C., AND P. T. UNlESS OTHCRWlSE NOT£D. r.- ..... ~ ... PUT 8001( _ _ PAGE _ __ w •• ,oesdnign.lle.eom

1- - -- - - - -

~ ~ "i

~!o! t~~ l5~3" l!S'II"" ~~~ ~~ "i ",:::; ~

'" ~ ~

~/~ ~ .~ --.. -'"

les DESIGN EI<<jnoorio9·-IIq,~ constmotla1 W,",OIj<rIIenl 220J Pot", Credt Road. NW Roan .... V'''9inio 24017 """"., 540-562-2345 Fex: 540-562-2344

"&ncl:.~"",, w.w.a~e:sl.gnltc..GOm

3S3.8J'

_ PROPERTY OF

-----------r.-~~~N;2~4:7~----------------------

r,I

1" .

~ I~ ~ 1 2

~ j N

I I I

INSTRUMENT NUMBER O9OOI:J(}50

55218'09".-----=::::330.;;-~ '------...,

NEW PERtlAN.NT STOR_ATER IilANAGCtlENT

EASEMENT 69,300 SO, rr. (1,591 ACRES)

:JJO.OO'

- N5Z-IB'09"W lruj.8J'

N,Ir PRoPERTY OF GEN. R. SAUNOCRS ~ MAf1I. S. 8A T7EN

TAX PARCEl. 222-,1- 470 INSTRUI/CNT NUM8ER 961JOO<1601

J. ~ :'-g i~1 b it;

SEE SHEET 2 ,~

S?~ ~~

<:; ~ L: ________ _____ _ , "'l NEW 20' STORti Dw..~_S_L_.-_- . ___ .

1-1 N 341:12'54' W 387.06'

.~ 'oj

!~ JliO.OO'

- NsrrB'on0

PLAT OF PARnAL VACAnON MADE FOR

STELLARONE BANK SHOWING THE VACAnON OF A PORnON OF REVISED

SECTION I, SUNSET CAY, BEING EXISTING LOTS 1 THRU 4 AND 20 THRU 31, OPEN SPACE "A

AND "B", KEY WEST DRIVE, MARATHON KEY COURT. AND PART OF ISLAMORADA COURT. CREATING


LAKES ItIAGISTERIAL DISTRICT

BEDFORD COU~ VIRGINIA JAHUARY 30. 2012

SCALE: , " = 60'

SHEET 3 OF 3

PLAT BOOK _ _ PAGE _ _ ftRln4

I· Ii

II

,I

;/ F,

ICNOWAa IlEN BY THESE PRESENTs, 70 wm TH~T ~ITH I.lOUNTNH UJ<E PARTNERS. LLC. IS TIIf: OWN& OF THE TRAC~ OF Uo!IO 5I10WN H£R£ON Sourmw BY OUTSIDE CCRN£RS 1 THRU 14 10 I. EXCLU(}fNC THE pueuc; STRE£1s MlTH/N SND BOUfJDARY, tItIlcH COIJPRIS£S PAJIT OF TIIf: u.N() CI:WI£)£() 10 SAJO OiWERS BY INS1RI.II.tENT RECORDED IN THE BEDfOf?D COtINTY. VIRClNIA CiRCIJIT CWRT aERk'S 0FI'1C£ AS INSTRU/.tD'IT 1II.IIJ8UI 050015ofrS. AND BEINC $UB,£CT 1'0 THE UEN OF A C£RTMJ OCED OF 'il'UST 0'" 1m DECEMBER 28. ~ "'NO RECORDED IN THE AroRESAJD a.cJlI(7; 0FfIC£ AS fl:lSTR!Jl.I!IiT NUI./SER 0500191175 TO D'" >ID II( OOfART .. NlCOl.E L WACNf7t 1INS1E:<S. 5£CUI!/NC '" NOll: TO FIRST NM10/lAJ. BANK. BOIETICJARY, 111111 51#1_ BlINK BEING rrll: SUCC£SSOR BY I.IflIGER 10 fIRST I/A l1ONAl. BANI< AND PAUL M. BU.CK 8fJNC THE sctE AC7INC 'il'US7IiI.

THE SAID O'MolEPS HER£9Y C£Rl1FY 'THAT THF:Y HAlo£" SUB(}f~ THE PROPerrY SHOI#ol II..rrI£ON EN11REJ. Y MITH THOR 0'Mol FREE IIIU »to ACCORD AS REQI./1RED BY SECl10N 15.2-2240 THRU /5.2-2276 OF 'lIfE lSSO CODE OF ;lRQIIIA. AS .... ENo£!) 10 DAlE:. AND I'UR~ $RSUNIT 10 ANO IN COIJPUANC£ I+flH THE IlEDI'ORO COtINTY SUBDMSiON CY/I)INANCE. AS AIIf:NbED.

THE SND OI#olER. AS A CONOIlIfiN PRECEDENT 10 7Hf: APPROVAl.. ).NO ~AT1ON OF THIS PU.T. HERE9Y OfDICATES FOR PUBUC USE THe AREAS 5£T APART ON THlS PU. T FOR PlJlJUC UTIUTY AND SANITARY SElleR EAsntENTS.

IN MI7NE5S 'MiEJ/ffJF AIlF: HEREBY PLACED TIiE: fCX1.0MlNC SlGNItTURES:

(S£AJ.) ITS: <?'k~ ~

BY: sS'~BJI*,.~Y / ___

BY:_;:~~

STAlE Of' V,'llnlc1-OTY/_ OF~J~1l'd.(,~ THE FOREGOING t.iENT H BEEN ACKNO'M.fllGED

BEFORE ME ON THlS-1Ji!!DAY Of &1'<5-1- 2009

BY JitltllS ~ natA '4<lU....,p. 2Ju1.ti? _g::~u;~

If01'AAi9 POBUC - OI'rCllI'IIl[SJOiij EXPiRES

REGlSTRAllON 1<0 _'-' _?o::..::.7 .... 9,....,,&c.J7'--_ __ _

REGlSlRAllON NO ' [ llo'12-Q.) ~M

STAlE Of' V;·Oig; .. cm"~ Of' )?q"",oh THE fOliEGOlNG INS1RU~£NT· HAS BEEN ACKNO'M.fllGED

BEFORE ME ON THIS....,2L OAY OF .r.. /'1 2009

BY e~ r.l M 8k.J.. ., .7H, .

REGlSlRAllON NO .. '-_7J"'-'1-">'-'7.L''''--__ ~':+=

OWN& INFORI.tA TlON:

SMITH MOUNTAIN LAKE PARTNERS, UC 1128 PRESiIJ£NTlAJ. CIRClE FOREST. VIRGINIA 24551 PARENT 71/ACT TAX PARCEl.. 221-10-47 INS71/UMENT NUI.tBER OF CONVEYANC£ - 050015415

...... ",;(,;" .1';""" /:ff.~~~'i;'"

\~~)~ ";~"'O«~~: """" " ~,,,\ ...... 3·'

I HU/a1Y CERTIFY THA T TIiE: 1.tARKV1S SHO'MI AND O<SCRIBED ON THIS P/.A T AIlF: IN PU.C£ OR MlU BE INSTAI.J.EO UPON FlNAJ. UTIUTY ).NO ROAO INSTAU.A l1ON. AS SHOWN.

~~~~~~~~~S AND ORD/N~ OF BEDFORD COUNTY, ;lRCIHlA IlF:G4RDINC TIiE: PU. T1ItIG OF SV8DM51ONS r.rTH THo COUNTY ,.,AI'f' BEEN MIT.

~,!)a_L-DAIW A CI£SS 1002240

.AlNo 23. 2009 DATE:

1900\0\46 Plat & Survey-Plat Bk~ Pg~

,NSTiM91T 10900!O!4i> RECQil)ED IN THE CL~' E 0FFlC£ c.;

B8lFORO COUNTY ON ~JS: 17, m09 AT OJ:53P~

\:~Th'Y C. l-D6ANi c:..E.~ .ECORDED BY: eTC

APPROVAl VOIO IF NOT REcoRDED BY FfJl J 7 2D1I

!~I; <&~

NOlE: THIS· PLAT. I+IiEN RECCXlDE!!. MIlL SUP£RSE1)£ loNG RENOER NUU ANO lItI'O THE '/'LIlT SHOr.rNC SUN5£T CA Y SECTION 1" RECORDED IN THo BEDFORD COUNTY ClRCJJ/T COURT ClERI('S OF'FIC£ IN PU. T 8OOf( .f8. PA~ .J27-J28.

+

NOTES: P/.AT BOOK .5L PAGE"« d..5

MS !!AT IS SBCCT 10 IIflRMATKN tHCH Mol Y E£ O/SCLO!ED BY A 1T7I£ I£PrRT BY A UCEN!ED A TTC'IIIEY AND 1I£11fFr:FIE MolY NOT f>ECESSAR1LY NJICA'IF -'JL ~ I.I'ON 11£ PRr:FER1Y.

2. 11£ s.BECT PRaUlTY IS LOCA lED IN FLOaJ IN9RANCE TDE 'c' AS DESGNA 1m BY FEMA

.1 Pf/Jaf 10 71£ IWRCMJIENT OF ANY I.f1r IN 11£ IXXNTY, 11£ fVINN(; DEPNlTTENr !X4U. fE IXNI'AC'JED ~ 8iT N(ff W1m rq 11£ a.I'RENr zrNNI;.

~~~rrR~!£I'£TI~W:::,:c,.,~ 4. MS ~ IS ~ BY A P!BJC 11147171 AND SEMfI1 SYSTEM "/HAT IS

MAlNTNIED BY 11£ BEI1"aID CCI.IiTY PS4.

5 BEI1"aID caNTY IIfl80S 70 SlFf'(RT 11£ Pf1CISEflFTIaoI OF THOSE U'LAMfULY /JISTUBNG ANY alAl£ CR alAl£ WR<ER. AaXRJ/NQ. Y, ANY alAI£; CR ANY r:B.£CT CR ~ /INIJ(/NG A FINE OF flRlL lDENTIFIEIJ a.RH; 11£ stRi!Y. PRCf'fRTY R£SE:IJ?Oi CR !!AT FREPNlATKN HAS lEEH tEN01m Oi lHS FlA r.

Il. BEI1"aID caNTY RffURES A IofIIMN SETBACK OF 25 FEET HaIIzrNT-'JLY FRrN -'JL i'KRJIL SH(RE1JI£S, INOJ.DNG STR£IM BN«S.

Z -'JL FeHDIfDED PNICELS SOlIN IEJIEai ARE ZO*D ~I. ZCNNC FrR -'JL U1I£R PNICELS ARE I.NElED Pf!/ 1IE1R /f>DWOUAL zrNNG.

a zrHNG CNlRC5 11£ Ff1.L0fIING SElB4~ NOT SOlIN FrR C1..ARITY. "'-SO SBCCT 10 ANY IIflRMA TlOi FRrN I£IflRD caNTY fYNoINC AND zrNNC. (SEE NO'IF J AOOIEJ

fR(NT' YN/D SElB4CX = l(j J.INtu.I I'£AR YN/D SElB4CX - S J.IMI.N 9C£ Y.wl SElB4CX - J' J.INtu.I MI£l<F FlALY OCTAOED. IofIIMN

fXSTANCE ECTI'EEN S1RI.ICIlHS SHAlL fE 1(j J.INtu.I ALCNl NJ.X:JWlG PRaUlTY CR GClF caRSE - 2S J.IIN.M NlJACENT 10 1ENJfIIO<!i STrRE ROIO = IS J.INtu.I

!t LKJERGfI(X.N) IJTIU1!ES MolY EXIST Oi 11£ SBCCT PROPfRTY IIHQf ARE NOT !iH(7rlN1£11EQi.

IQ NO SIBX\fSao/ SGN IS ~Y f'R(FrHD FrR CQ>ISTT/fJCTKN IN 7IIS SEl::TlQi. IF AlXED IN 11£ RITIJIE. -'JL SINS t.AJST E£ ~ BY BEI1"aID caNTY PI.NNNC.

It. BEI1"aID caNTY~~ aMWN1S

SUDIfSCN

12. 11£ SLR\E)tlI11S t.N4MW£ OF ANY EXISTING CR f'R(FrHD DE1RS CR MIi4SlE'SlES

1.1 7IfS!!AT IS 8A!BJ CN A a.I'RENr FlW .5Ui'\EY.

14. l.NESS NOTED 071ERWSE ,IlL LOT CCI1foERS ARE !XT IRCN PINS

15 -'JL EA!DENTS PROI1DED FrR R040WAY PUiRlSlS ARE 10 fE MAlNTNIED BY 11£ IIRQ,.,A DEPN/11ENT OF 7lW6'CRTATKN a>LY 10 11£ fXTENT foECESSARY ro.5ll?l£' R040WA Y RR'OSES.

Ill. ~~~:V~~'fjJJ;f,<iH~1I£LOIS PN/1IERS. LLC FrR 71£ FIIIPosE: OF I/'ISTAU.ATKN ANO ~ CF FRr:PN-E S1l'l'l<IGF ~ PRa>~ ~ we;;. ANO 11147171 LIlES N#J I1EJ.ATED I VICINITY MAP I /I>F1?AS1RIJCTI FrR mGATlCN RR'OSES.

NO 5C.AI£ 17. A 25 rooT fYff1I ALCNl i£SJ:£N1IAL PAIIC£L A" IS /£REBY ~ AS IN ACtXli!lMa' tilTH WJN STREET a~CT ~I R£rUATlCNS.

IN THo CI.£RK·S OFFICE OF THo CiRCUIT COURT OF BEDFORD COUNTY. VIRGINIA THIS I.tAP IS PR<S£HTUJ AND IIITH THo CERTlFlCA IE: OF ACKNOI4f£DCMENT THERUO ANNEXED IS Ao/'/ITTED 10 RoCCXID AT __ O·Cl..OCK_.M. ON THIS__ DAY OE 2009.

fE:S'IF: ~QLR~K--------- BY: "Ou>=U'::TY:-:-QLR=:::K:-:-----

BOUNDARY AND RE-SUBDlVlSlON SURVEY FOR

SMITH MOUNTAIN LAKE PARTNERS, LLC SECTION 1

SUNSET CA Y SITUATE ON HENDRICKS STORE ROAD

LAKES MAGISTfRIAL DISTRICT BEDFORD COUNTY, VIRGINIA

SURVEYED: SEPTrMBER '7. 2007 REVISED: MARCH 10, 2009

LAST REVISED: JUNE 23, 2009 SCALE: AS NOTFJ) PER EACH SHEET

SHEET' OF 4

ra 1/£R£!X4U. fE NO OCTACIED AaDlSaIY SlRUCllHS OF ANY /11M} F£RMTfED en LOIS It 1IfiV 14.

19. AN EIISDENr IS IEREBY ~ FrR 11£ REPAIR AND t.IMfTENNoICE OF ANY EXIST7NC WArrR!DMC£ /.A~ J.£l£R BASfli AND SWTARY SEIIfl? /.AlERAlS 7IIA T IIGU.D 07/£Rtll!£ ENCROAQI CN NJJaNNG LOTS AS A R£!iU.. T OF 11£ REllSOI CF LOT LIlES _ IEREOi.

THo S1J8D/VlSlON AS SHOWN H£R£ON IS APPROVED BY THE: UNDERSIGNED IN ACIXlRDANC£ lllRi DliSTfNC SU8D/VISION REGULA TlONS AND I.IA Y BE Af)MJT7ED 10 R<CORD.

&

EJA '-tJIG!NIA 0EPAJ/TIJliJ1. OF TRANSPORTA1ION OAIl:

PLAT 8001< ...5L p~

les DESIGN ~"ia:m 22Il3""" D-* IbIlIIf Roandce, 'llrgln[a 24017 Ph_ 50--562-234:5 Fax: 54<r-562-23# £mel: .'l' J %Lan www.acsdelgnllc.com

I o-onr

51 I ~:~.5"

~

BOUNDARY AND RE-SUBDIVISION SURVEY FOR

SMITH MOUNTAIN LAKE PARTNERS, LLC SHOJfING THE PARENT TRACT BOUNDARY OF ~

SECTION 1

SUNSET CAY SITUATE ON HENDRICKS STORE ROAD

LAKES MAGISTERIAL DISTRICT BEDFORD COUNTY. VIRGINIA

SURVEYED: SEPTEMBER 17, 2007 REVISED: MARCH 10, 2009 de JUNE 23, 2009

SCALE: 1" - 100' 0' 100' 200' 300' found /rtJn pin _ _ _ _ on line 0475.80'

- - - - a.Uf/e.,t

® -SHEET 2 OF 4

~

-

20.1:= VIoCA1W

@

I

-

_PAllCELA ABERa?OMBle SQUARe, LtC INSTI?IJ!lENT NO. 07001856~

TAX MAP 22/-A-47E: 4.224 ACReS

ADJOINING PROPERTY OWNERS r.\ N/t EDWARD W, .t O~ 8. ENGLiSH ~ TAX MAP 222-10- 14(;

DffD 8001< 441 PAce 719

.r.l\ N/t GEt¥?G£ L .t JJ.lMJe A ENCI,ISH .g, TAli MAP 221-",-.710 DEED BOOK 459 PAGE 473

FcI> N/F GENE R. SAIJNDt:Rs .t UARIe. S. 'W BATT<N

TAli 1110" 222- 10-15 INS711tJ/JENT NUMBER 96fJD04601

/-SEE DOSTING CONDITIONS DHIolL SHEET SHOWING LOTS /-31 SEE SHeH J OF' 4

COMMERCIAl. PARCEl.. SMITH MOUNT loiN LAKe

PARTNeRS. LtC INSTI1tIlleNT NO. 0600154/5

TAli !lAP 22/-A-47G 7.065 ACReS

- ---------- -_ .. -------

tFn\ N/t GENE R. SAUNDERS .t IIARle s. EMTT<N 'I!!.I TAX MAP U2-+-A

1NS1RU~ NUII8e1 9ti00lJ4ti01 found iron pin C<>m",.

o ~.G ::1!!22~::~r::s .t MARie s. SATT<N

IIISmUMOIT NWBER 9611O(U601

If'iS\ N/t RONAUJ II. MleRGLER ~ TAX MAP 222-A-47C

DEED BOOK !US PAGE: 2 41

~

REllAlNlNG I.AIID SMITH !I()IJNTIolN LAKe PARTNeRS. LtC

TAX PARCEL 22/-1.-47 26.93/ ACRES RfJ./IolN

d old Iron on liM " +2/6. /7

~ -S;U~J1'F

RoCiliCJ:sI~L~T,iTh.:l\!t(li?b V ;EI'RR~ ~~ iY ~# .. /

N/F rr!M/I' 17, -'OO~ 1.1 (!.;:;3-'lY

~.J-:":C:::~A~9 :.r~', .;. ~,;;<il ; lEf' / DEED BOOK ~ PAGE 2$8' 'ec,i;!:iED :1: ",:

\ \ \ \ \

5"

LEGEND ... BL .... Mlnlmum Building LkIe PUE. ..... f'lJblic utaity E"""""",t t)P ....... t)P1coI rec.. ...... record act. ..•.. aetual conc. •• ~concrete Ac._,Aae(o) IS) •.. _sewer m~.

\ ~.o...mocd Utllty lites -M- _.fen~ Une

\ NII' .. ..Now or Fcnn,,"y VIE.-•• WoIl &.oom..,t

\ \\I.E._Water un~oem.nt

... AUB(fCr .t IIAM S08B1 \~ TAX IIAP 222-10_

\!. DEED BOOK .322 PAGE 56: \~.

z\\ ~\

~"'~ \ '>i'!t-<

!-~t~ ~ ~~~;~ \~. ~";~'~ \ Il\~§~ \ ~ ~ \

~ \ \ \ \ \

found;"" f'k! \ btIors NlUV7.:SS"W, - \' 10:92' ""'" HlcJcory

~.:~/ f):"/

.f~ <f..'l.~

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les DESIGN ~'I'I!r!!!g::Sn!f'! _I 22Il3-.cn.t_ ", ~ VogI!lo 24111 7 Phcno: 540-562-2345 Fax: 540-562-234-4

PlAT eOOK ..5.L p ... ~

'5'/ J~d...'

LEG£ND w..9l... ••••• ~nlmum Bulld1!"19 UnCI 1'!J£._ ••• Publlc Ulmty E"""ment t)l> ••• _.t)l>icaI rec. .. _ .record oct • .••• oetual conc. ... concrete Ac. ••••••• Ac:re(.) @ ..... sewer manhofe

.,L-... Owmead UtDlty Un ..

............. Fence Lh1e N;r._.N"" or Formerly YIE. ••••• Wan Easement

'M.L ••••. Water Une Easetnent

REc","6SI~~T C~~"UP;~,~E cr aEDFOilJ) .::{t;,'( .).\

4UC"(';ST ~ 7, ~9 ~.T Q3: S&?1I

C~ThY .:. H-JG..lJ1~ C:"::R~ RECCll!l"D 3Y: C I';

z -::;,

1;. ~ 'ill.... '" 'i~ '" ~'" '" ~~~~ ~~~~ ~\ ~ "'","\ 'iO

"'~ ~ \ \ '3. "!'

ADJO,,,,NG PROI'ERTY OWHBIS

N5&<08'0rt: -

~. 113.33' 1 r------- -,

: I:. \ LoUD ~ \ 0.255 Ac. I \ TAX, 227-73-:JO L

\

~

REMAI",IIQ LAJIlJ SUl1H MOUNTAIN LAKE: PARTNERS, LLC

TAX PARCE:L 221-A-47 26.931 ACRES RDlAlN

714.50'

(1DIai /his slreet) 821.60' (toto! lino) 1159.84'

Lot 25 0.257 Ac.

TAX , 221-7~25

N56TJi!'07T 125;00'

1

LotB i 'g: 0.207 Ac. , -: l<'

TAX , 221-1~26 I " J;l N5IiTJlY0n I lO --------- a 125.00' 1

LotZT I.

~I~ 0.210 Ac. 0..1 ::1

TAX , 22/-1~27 ;.,I

N5008'on ...,

- ---,25.00.,.---

LotZIJ 0.204 Ac.

TAX, 221-13-28

N56TJ8'Ore

125.00' 5'~ ""cotod tJ9.

Loin 0.261 Ac.

TAX , 221-1~29 1 ___ ..J~.et4 ___ .J

c,\) 0 ("~1~:'~ ~ 222.00' (((ltd) ~ ().

r----------I I

~ I Lot 24 <0 I 0,260 Ac. "I TAX, 221-1~24 ~

I ~ 1 S56'!l8'Orw ~ 1------I 125.00' ~

:a g

1 1 g

I ~ 1 Loin "'I'" ~ 1 0.198 Ac. ~ 3! ... I TAX, 221-1~2J ... o I -

to I - 1 S56'!l8'07"W

~ I~' "' = -12.5:'00'== -u~ .., SI ~ Lot ZZ l;! 0)..1::l I ...

:Iool!; .. 1- TAX, 221-13-22 L , '" ~., 0.198 Ac. >:i

... .!. I I - , 1Ic~ , -~~7.:!!::. _ _

. -1- -- 125:00'- - - - -

Lot 21 0.198 Ac.

~ 1'1/1'" GeORGE L 6: ,w1ol1E A ENGllSH ~ TAX ~ 221- A-47A

0ffD BOOK 459 PACE 47:1 ~ ~ 1/2.14' , -(;-Il

- S54'29'SSoW

~ N;r CENE It SoIUN1JEf(S 6: /lARlE S. SA 17EH

.e,. ~:~~~_,

BOUNDARY AND RE-SUBDIVISION SURVEY FOR SMITH MOUNTAIN LAKE PARTNERS, LLC

SHOffING THE EXISTING DISPOSITION OF ALL RESIDENTIAL LOT BOUNDARIES IN SECTION 1

SHOffING THE VACAnON OF INTERIOR LOT LINES AFFECTING LOTS 2-5 8< 10-24

SHOffING THE VACA.nON OF ALL 5' "'ALL MAINTENANCE EASEMENTS IN SECTION 1

SUNSET CAY SITUATE ON HENDRICKS STORE ROAD

LAKES MAGISTFRIAL DISTRICT BEDFORD COUNTY, VIRGINIA

SURVEYED: SEPTFMBER 17, 2007 REVISED: MARCH 10. 20094< JUNE 23, 2009

SCAlE: 1- = 60' ~ _ ,. ,-,....---

0-o724&E' SHEET 3 OF 4

®

SRDETAILB SHEEr4

124.88'

FOUNO OIS7URSEl) N;r CENt: R. SoIUNDERS 6: MARIE S. SA 17EH IRON PIN TAX MAP 222-A-15

INSTRUMENT NUMBER 96()()(H601

------.- - - --- -- -----0-- . - - -_._- -----

5"1 /«'=t J

N56TJ8 'o r t:

I 12.5.60' Il" ~ @

I .... ~I Cemetery k;'l

~;t ./

*'

l .... l .$Ii ,

~/ !<S in " =l

."-1 0.259 Ac. -: ;; ~l TAX , 221-A-48 '" al

'" 6l>

L _____ .L5' EllS. rf 107./0'

N56TJIJ'On

.L~I!YL!!!.·~:..._ 45l I 1 :ll: Lott4

~ 1 0.257 Ac.

.~l I TAX, 221-1~14

~I 1 -- -1 _~~7.:!!::._ os i---,25.00·----::jh;; 1 Lot 13

od 1 0.191 Ac. ., 1 TAX, 221-1~13

... ).. I S56U8-0rw :t", 1- ----

3t - -- - ------ -~, 125.00'

..!'s Lot 12 :loot!.

=~ 1Ic~ -~~7.:!!::._ ugj ,. -1--------- --"-. I 125.00'

;/il ~ l'S I LotH l') . ' 0.195 Ac. ~:g: TAX, 221-1~1I

d_~'!l8'07.:!!::..l. 1-- - 725.00'--)- -I 5' ~

'", 1 KJCOtod t)p.

.';i 1 LoUD " I 0.259 Ac.

: TAX, 221-13-10 1..- ________ ._

_EDPARCS.. SM/T/I MOUNTAIN

1

LAKE: PAR1NER$, LLC; INSTRUMENT NO. 060015415

TAX MAP 221-A-47F 1.806 ACRES

I

LSR DFTAil. A SHEET4

! 1 o ,~

--~-,.. .... , 1 /'2 CJ.~, 1/ \

¥ temporarY " ""''''J1 construe tiM :

- I 7 c; easemefl t( I

~ I ./ ,..

83.4;1'

_PAlfC£J. A SMITH MOUNTAIN 1AKt:

PAR1NENS, LLC INSTRUII£NT NO. 060015415

TAX MAP 221-A-47E: 4.224 ACRES

PLAT BOOK 5L PAGE ~:;ll

SI/ ::2.:J..'

flffd ofpt1llflTt..,t · existing sidewalk t)Po

.. It ::. 0>C)~ ).~ ... .!. ~~ :to:

:~ ..... "'10 It'" "'I ~

'07"£ III. rJo

r------..1~ev~--I

}o ;l

~I ! ~ I

I I I

~r'" :el~

I I I

... I '" I ~ . I

Lot 24 a269 Ac:.

(II£W UNE) N5Gfi8'OlC-

1:/5.00"

LotZJ 0.206 Ac.

LotZl 0.190 Ac.

(NF:W tJNF:) N56'08'07"< -

12~.00·

Lot 21 0.198 Ac.

(NeW UNE) N56TJ8'07"E: -

125.00'

Lot :ltI 0.260 Ac.

rDI/bCd< curb KEY L.ARGO BOULEYARD ~ gutter t)p. 5J PUBUC RIGHT-oF-WAY

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:t~ "'I, .. ~ )..!. ... ~ ~'" ~3 ~!!l ~ ... Q~

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A--..=- "a.64·

? , I /.1 ~ 110.65' S54 -z; 'SB"W L7~r (;I

DETAIL·A SCAL£: I' - 40'

les DESIGN £P!!g:f'!c!ritg'!n'e ConoInI<tb> ~t 22D3 P<In O1*/bIII, HI R_ako. ~'" 24017 Phone; ~562-2345 FID: ~562-2344 fmc*~ www.aC3desrgnllc.com

(I.tol) 222.09'

ISLAIIORADA COURT 50' PUBUC RlGHT-OF- WA Y

BOUNDARY AND RE-SUBDIVlSlON SURVEY FOR SMITH MOUNTAIN LAKE PARTNERS~ LLC

SHOJfING THE NEff REVISED LOCATION OF INTERIOR LOT LINES AFFECTING LOTS 2-5 (DETAIL B) It 10-24 (DETAIL A)

SECTION 1

drainage Ir>(.~ (jp.

SUN SET C A YREcjci~Sitt''Wfct.~:;;igu~ !(;E « SITUATE ON HENDRICKS STORE ROAl),usl~~D ~'R ~: ::S?~

LAKES MAGISTERIAL DISTRICT • '"'oN , ~,.", • • ~ BEDFORD COUNTY. VIRGINIA C"'~d)RD@ey; ~W"'

SURVEYED: SEPTE:MBER 17, 2007 REVISED: MARCH 10. 2009 cf< JUNE 23. 2009

SCALE: I' = 40' O' 40' ao' 120' --- --- -SHf:£T ~ OF 4

~

I"

;::. $lIes S g~ I~ -

DETAIL,S SCALE; ,. = 40'

-~---.------

'SI / ~,.?'

LEGEND MBL-.Mlnimom eoldlng lin. PUE. ..... Public Utnlly Ea.omenl 1)'1' ....... 1)'1'1""1 rec.. •••••• record act. ••••• octua1 conc.. ••• conerete Ac. ....... Acno(.) ® ..... sew«" manhole

.,<-. ... o-!1oad Utmly Un .. -+- .... Fence Line

CURVE TABLE

N/F •••• Now or Formerty WE. ••••• Wolf Easement

cu""" No. Arc Radius ",_"eortrIg "'- 0/1j

D<tIlo Tong«'il CI :12.14' 20.50' SJ172'SOW 28.95' 8:9'50:2; • C2 25.9:>" 16.!i(1' N7lJ'5I'5S'w J!.Lll' 90'00'00' c:J 21.95" '''00' S7!rSro.s"E: 19. B!l'49'J!i' C4 71.72' 225.00' SU"/O~3 71. 42" 1875'51" ~ 14.20' 14.00' $2375'06', 1.160' 58'01;'1}(; ' C6 22.o:J' 4.00' m Il12'S5"C 19.8"- JQ70'25" C7 s. ,.,' 175.OD· S4J70~3'E 55.55' 1875'51 ' C8 17.89' 400' N88'54'I}(;"W 16.69' 7371'53" C9 1.59' 14.00' 51079'0. ·w 19.51' fI!i'2L':;T' ClO ",qq' '4.00' .""'C5I~"E 19.8[)' 90'00'00' ClI 21.9:Q· 4.00' N,.,'08·07"£ 19.80' 90TX)'t)O' Cl2 22.::19" ,4,00' N79 '40'S7"W 20.00' 91:l1l~' et3 2.r.59' 14.00' 51079 '0. OW 19, 51' 887.t'1il" Cl4 "' ..... l4.nrr snL'51.'5$"F 151B/J' 90'00'00' CIS 21.99' 14.00" NII'08'07"E 19.80' 9OTXJ'OO' C16 :n'39' '4.00' N79'40'57"W 20.(18' 91'38'09' 017 20.39' '4.00' NI2"46"50'O 18.85 83'26~S" Cl8 257.48' 56.00' srr 1'10"/0 83.60' 26 l"26'lS" C19 18.59' 14.!i(1' S/J'TOB'21'£: ~.H' J:.'2?'05" C20 25.0r H .. OO· 582'4'50'£ 21.85' 10Z3Il'06"

LINE TABLE Un" No.. S-Inq Dwl.

LI 25.05" L2 NS6ntr07"< 12.50' L3 S34TJ2~8'£ 8.90' L4 N1l278'09"W ~7.20' LS s.J4TJ7't8"F 8.6r !.Ii SS2'18'(Jg' '.117 L7 N5f'29'58' 12.72' Ul S3.f70·16' SO.O,· L9 N6f'50~52' 25. 2'

LlO N56'TJ8'O 70.46' LII 550"24'48'0 62.45' I

Ll2 =";';·4T'E' 21.S;·

'SLAIIORADA COURT droinoge 50' PUBUC RIGHT-OF-WA Y Inl.", ()p_ /

t'dfbacl< curb ~ gull.,. !)p.

62.50'

.. !~ !I:~ ~;:;

Ii: ( Iolcl

'totD! this ~) 260.08'

72.50' ,,-VZ6o.liB'

62.50'

.. !~ !I:~ ~;:;

'58'W 62.50'

I"I~ -;:--~;! 3"" ~~ !t~ I~ ~ ~cS

~

N/P - GeNE R. SAUNDERS '" IIAfIJE S. SA T7EN TAX IIAP. = - il-IS

INSTRUNENT NUMBER _01 ..,~ 4. PlAT BOOt< !l.!... PA~

2/;"' Jt!, ,.1 36.17'

:78' 14.()4·

2fl'.r 10.40' I 61'

4.JX 14.00' ,4,41 ' I 61' 14 .. If. 41 · 12,48' 62.81' 10.82' 17,48'

~. ~

,l

'" 0-

S

[)-072

5/ I~~o

Total Area in Vacation - Lots and Streets

N

SCALE 1 : 2,179

FC!iiI Jiiiii! , i =l 100 0 100 200 300

FEET A

Bedford County Public Service Authority 1723 Falling Creel< Road Bedford, VA 24523-3137 (540) 586-7679 ext. 120 (phone) (540) 586-5805 (fax) [email protected]

ACS Design Mr. Scott F. Easter, PE 2203 Peters Creek Road, NW Roanoke, VA 24017

March 21,2012

Re: Stellar One Sunset Cay Master Plan Revision Request 3/8/12

Dear Mr. Easter

The Bedford County Public Service Authority (PSA) received a courtesy copy of the referenced Master Plan Revision Request attached. While we have not performed a formal detailed plat review, we did look for any potential conflicts or issues in the proposed partial vacation plat with respect to water and sewer facilities.

There is both completed and partially completed water and sewer infrastructure in the area covered by the proposed plat. The infrastructure identified as Phase 1 A in the attached Phasing Plans has received a Certificate of Completion from the PSA such that the PSA owns and operates it and is currently able to serve the corresponding lots in Phase 1A. There are also open Certificates to Construct for Phases 1 B and 1 C where significant portions of the water and sewer infrastructure have been physically constructed but not fully completed for acceptance and dedication to the PSA to own and operate.

Some of the easements and lots proposed to be vacated contain existing PSA infrastructure from Phase 1 A that would need to be addressed and revised prior to PSA approval. In areas of Phase 1 Band 1 C, vacation of the lots, rights-of-way and/or easements as proposed would jeopardize the likelihood of the PSA accepting the infrastructure upon completion in the future, as it would contain undesirable, excessive, unused or unnecessary service taps etc. as a result of the vacations.

We are notifying you of our general observances and concerns at this time as a courtesy and trust that the information and the attached are helpful as you pursue the Master Plan Revision request.

Sincerely. I: A i;;~:"f' / t'·vf\;. ·

Stephen W, Foster Civil Engineer

cc: Mark Jordan Rhonda English Thomas Cherro

Enclosure

SWF/swf

2006·176 L TR01 to ACS cc Planning - Sellar One Sunset Cay Master Plan Revision Request - 2012·03·21.docx

Ordinance # Rllll-148RI

NOW, THEREFORE, BE IT ORDAINED, by the Bedford County Board of Supervisors that the Bedford County Zoning Ordinance be and it hereby is amended and readopted by amending Article III, Section 30-67 as follows:

SEC_ 30-67 PD-l PLANNED DEVELOPMENT DISTRICT

Sec_ 30-67-1 Purpose

The purpose of this district is to promote the efficient use of land by allowing a wide range of land uses at various densities and allowing the flexible application of development controls, while protecting surrounding property, natural and cultural resources, and the scenic beauty of the land.

The PD-l district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design. Incorporation of significant areas of open space is a primary component of this district. The PD-I district is particularly appropriate for parcels which contain a number of constraints to conventional development. The PD-l district is intended to implement development within Urban Development Areas (UDAs) as defined in the Comprehensive Plan. In addition to an improved quality of design, the PD-l district creates an opportunity to reflect changes in the technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use ofland which can result in reduced development costs.

The Planned Development shall be a visual asset to the community. 'Phe appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering shall be characteristics of these planned communities. The PD-l district should have a variety of uses (commercial, employment and residential) and should not be utilized only to increase residential densities. Development within the PD-l district shall promote"

(A) Compact development with defined edges and a distinct neighborhood center.

(B) Human scale bnildings and streets that are pedestrian and transit oriented.

(C) A mix of uses, including residential, commercial, civic, and open space uses located close to one another to reduce traffic congestion, travel demand and dependence on automobiles.

(D) A mix of housing styles, types, and sizes to accommodate households of all ages, sizes and incomes.

(E) A system of, interconnected streets with sidewalks, bikeways and transit that offer multiple routes and transportation alternatives for motorists, pedestrians and bicyclists, and that provide for the connection of those streets to existing and future developments.

(F) Public transit options as viable alternatives to the automobile by allowing building types, densities and land use groupings that support transit.

(G) Preservation and adaptive use of existing buildings with historical significance or architectural features that enhance the visual character of the community.

(H) Preservation of significant environmental features and incorporation of such features into the design of new neighborhoods.

(I) Design and development consistent with the county's comprehensive plan.


For the purposes of this section, "neighborhood center" shall be a distinct, contiguous area and shall contain the designated focal point of the PD-l District. The neighborhood center shall contain residential, civic, commercial and open space uses.

(Ord. of 06.13.05)

Sec. 30-67-2 Permitted Uses

Permitted uses shall be those uses specifically included in the final master plan approved pursuant to Section 30-67-5.

(Ord. of 06.13.05)

Sec. 30-67-3 Site Development Regulatious

Each planned development shall be subject to the following site development standards.

(A) Acreage requirement. Minimum acreage required to create a planned development district shall be 40 acres of contiguous land. Land under common ownership, but separated by an existing public street may be counted in total; however, this is not desirable. Land adjacent to an existing PD-I district, regardless of size, may be incorporated into the development if reviewed and approved following the procedures and requirements of Section 30-67-5.

(B) Lot sizes, lot frontage and density. Minimum lot sizes for allowable uses, minimum lot fronlage requirements, and residential densities shall be established during review and approval of the preliminary master plan.

(C) Lot coverage. Maximum lot coverage shall be established during the review and approval of the preliminary master plan but in no case shall exceed 75%. However lot coverages over 75% may be approved for mixed use neighborhood centers only if deemed necessary to achieve superior design quality and to promote viable public transit.

(D) Bnilding setbacks and spacing.

(1) Minimum front setbacks: All structures proposed to front on existing public streets external to the PD-l shall be located a minimum of30 feet from the existing public right-of-way.

(2) Minimum setback and spacing requirements shall be specifically established during the review and approval of the preliminary master plan. The following guidelines shall be used in establishing the building spacing and setbacks:

(a) Building spacing shall provide privacy within each dwelling unit;

(b) Building spacing shall ensure that each room has adequate light and air;

(c) Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings;

(d) Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units.


(E) Height of buildings/structures. The height of buildings and structures shall be established during the review and approval of the preliminary master plan. Buildings and structures over 45 feet in height will need to be justified in order to receive approval.

(F) Architectural standards. Planned developments shall complement and enhance the best characteristics of surrounding communities. A variety of architectural features and building materials should be utilized to provide the development with a unique character, while maintaining compatibility with the surrounding area's architecture. Architectural renderings shall be submitted with the rezoning application and any subsequent site development planes) for different phases of the development. The renderings shall include the features, materials, and the articulation of the fal'ade ofa building for all sides visible from a public right-of-way.

(G) Streets. Streets in the PD-l district shall be built in accordance with VDOT and Bedford County standards. In reviewing the preliminary master plan, the Planning Commission may recommend, and the Board of Supervisors may approve, one or more private streets within the proposed district. Private street standards, specifications and a proposed maintenance agreement shall be submitted with the preliminary master plan. Street sections in the PD-l district shall be designed to serve multiple purposes, including motor vehicles, pedestrians and bicycles. A typical street section should include a planting strip (between 3 feet and 6 feet) and sidewalk on both sides of the street.

Alleyways shall have a minimum 20-foot right-of-way. Dead end alleys are not permitted unless approved by the Board of Supervisors through a waiver approved at the time of rezoning, but in no circumstances shall an alley have a dead end length of over 100 feet. Dead end alleys shall have hammerhead turnarounds.

Bicycle traffic shall be accommodated through the provision of designated, well-marked bicycle lanes and for paths suitable for bicycle traffic.

(H) Grid. network. The transportation system in the PD-l district shall be generally in the form of a grid of interconnected streets, alleys and paths, modified as necessary to accommodate topography and parcel shape.

I. Proposed streets within the PD-l district shall be extended to the boundary lines of the parcel being developed and terminated with stub outs to provide access to adjacent tracts not presently being subdivided or developed.

2. Cul-de-sacs shall not exceed ten percent (10%) of the total length of streets in the PD-l district or 500 feet in length. Alleys are exempt from this calculation.

3. Installation of roundabouts, as opposed to traffic signals at major intersections, shall be used where feasible to facilitate traffic movement and enhance the streetscape.

(I) Block size. Street layouts must provide for rectilinear or curvilinear blocks that are generally in the range of 200-400 feet deep by 300-600 feet long, measured along the interior edge of the street right-of-way, except where prohibited by natural grade.

(J) Lot Access.

1) All lots shall front on a public or private street or on a square or plaza.

2) The use of rear alleys is encouraged; alleys shall serve only the rear or sides of lots or uses.

Ordinance # R111l-148Rl

(K) Entrances. In order to promote safe ingress and egress for the development, the minimum separation distance between entrances to the existing public right-of-way shall be 300 feet, except for single-family dwellings which shall front internal streets, squares or plazas. Additional access between adjoining lots such as frontage roads and shared parking areas are strongly encouraged. The principal entrance into the PD-I district shall be sufficiently landscaped to comply with the purposes ofthis district. In addition, the first one hundred linear feet of street, leading through this principal entrance into the PD-I, shall have a landscaped median of sufficient width and planting density to meet the purposes of this district.

(L) Parking. The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. The use of shared parking arrangements shall be encouraged. Parking should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors. The use of on-street parking is also encouraged, provided that the design and placement of such spaces are approved by the Virginia Department of Transportation (VDOT). On-street as well as off-street parking spaces may be counted toward satisfying the use-based parking requirements contained within Article V, Section 30-91 of this ordinance.

(M) Loading areas. Loading areas shall be screened from pnblic view and shall not be placed in front yards.

(N) Pedestrian facilities. The plmUled development should be designed at a walkable scale. In residential areas, sidewalks shall be a minimum of 5 feet in width if separated from the curb by a planting strip and shall be on both sides of the street. If the sidewalk directly abuts the curb, it shall be a minimum of 6 feet in width and the planting strip shall begin at the outside face of the sidewalk. In industrial areas, sidewalks may be replaced with a paved trail with a minimum width of 6 feet. Sidewalks or trails outside of the public right-of-way shall be located within a permanent easement at least 8 feet in width. Additional pedestrian facilities (benches, pocket parks, trash receptacles, etc.) should be incorporated into all areas of the planned development.

(0) Lighting. Exterior lighting shall follow Section 30-94 of this ordinance. Street lighting shall be provided along all pnblic streets. Generally, more, low-intensity lights, as opposed to fewer, high-intensity lights, shall be used. Pedestrian scaled decorative street lights (12' to IS' in height) shall be installed by the developer on both sides of the street with a maximum average spacing of 75 feet on center. Floodlights or directional lights (maximum 100-watt metal halide bulbs) may be used to illuminate alleys, parking garages and working (maintenance) areas, but mnst be shielded or aimed in such a way that they do not shine into other lots, the street or direct light out of the PD-I district. Floodlighting shall not be used to illuminate building walls (i.e. lights should not be placed on the ground so that a beam of light is directed upward).

(P) Open Space. Minimum common open space and/or recreational areas shall be IS percent of the gross area of the PD-I district. For developments with a density greater than 8 units per acre in the residential areas, the minimum common open space and/or recreational areas shall be 30 percent ofthe residential areas of the PD-I district. Common open space shall not include proposed street right-of-ways, open parking areas, driveways, or sites reserved for schools or places of religious assembly. Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the district.

Ordinance # RIIII-148Rl

(Q) LandscapinglBnffer Yards. Planned development districts shall be well landscaped and have a park-like atmosphere. The overall composition and location oflandscaping shall complement the scale of the development and its surroundings. Minimum landscaping requirements shall generally follow those set forth in Section 30-92 of this ordinance. Street trees shall be required in all residential areas and shall be planted on both sides of the street at a minimum of one tree per 40 feet of street frontage. Canopy street trees shall be planted along both sides of all streets at an average center to center spacing based on the mature spread of the particular street tree, a minimum of one tree per 40 feet of street frontage, with a goal of achieving tree canopy coverage of between 30% and 70%. Trees may be clustered and do not have to be evenly spaced. Street trees planted to meet these requirements shall be native species; no understory trees shall be used as street trees. A consistent variety and species of street tree shall be maintained by street, but adjacent streets shall diversify species as a precaution against blight. Existing invasive species of trees shall be removed, as shall existing exotic species oftrees, unless the local urban forester from the Virginia Department of Forestry shall determine that the exotic species poses no risk to native species and is suitable as a street tree.

Parking area interior landscaping shall follow Section 30-92-4 of this ordinance. In large parking areas containing more than 200 spaces, an additional landscaped area in the parking area of 3 00 square feet shall be provided for every 50 spaces or fraction thereof.

Maintenance and replacement of landscaping and buffer yards shall be the responsibility of the property owner or property owners' association.

(R) Arrangement of areas:

(1) The location and arrangement of structures, parking, access drives, outdoor lighting, signs and other uses and developments within the PD-I, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity.

(2) Areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas on the preliminary master plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PD-! application. Reserve areas included in the PD-! shall be landscaped or otherwise maintained in a neat and orderly manner.

(S) Utilities. Planned development districts shall be served by public water and public sewer systems. If existing public water and public sewer facilities are not available to the property, then the applicant/developer shall provide assurances that such facilities will be in place within a reasonable period oftime not to exceed 24 months. Final subdivision plats and/or final site development plans will not be approved until public water and public sewer are available Unless a waiver is granted by the Board of Supervisors at the time of rezoning, underground utilities (and associated pedestals, cabinets, junction boxes and transformers) including electric, cable TV, telephone and natural gas service shall be required and shall be located to the rear of properties in alley rights-of-way or the rights-of-way of minor· streets and not along the streetscape frontage.

(T) Fire Prevention Systems and Hydrants. The placement of fire hydrants or other fire prevention systems shall be reviewed by the local Fire Marshall to insure compliance with the standards set forth by the National Fire Protection Association, or NFPA.

Ordinance # Rllll-148Rl

(U) Miscellaneons.

(1) Any outside storage area shall be fully screened so that no materials so stored are visible from the public right-of-way.

(2) Fences shall not be placed in front yards except as necessary for security purposes or on individual lots where decorative fencing, not to exceed 3' in height, is used as an architectural element to separate private yards from public sidewalks, squares or plazas. Fencing shall be uniform and well kept.

(Ord. of 06.13.05)

Sec. 30-67-4 Relationship to Existing Development Regulations

All zoning regulations shall apply to the development of the PD-I, unless modified in the approval of the final master plan.

Sec. 30-67-5 Application Process

(A) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting.

(B) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity aud scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include:

I. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

2. Existing zoning, land use, and ownership of each parcel proposed for the district.

3. A general statement of planning objectives to be achieved by the PD-I district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific man-made and natural characteristics located on the site.

4. A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc.

5. A land use plan designating specific uses for the site, both residential and non-residential uses, and establishing site development regulations, including setback, height, building coverage, lot coverage, and density requirements.


6. A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, transit and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Statement may be required per County or Virginia Department of Transportation guidelines.

7. A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site.

8. An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of these areas and their ownership and maintenance should be included.

9. Architectural renderings and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

10. A development schedule indicating the location, extent and sequence of proposed development. Specific information on development ofthe open space, recreational areas, and non-residential uses shall be included. Common community amenities shall be completed in sequence with residential and commercial areas.

(C) The completed rezoning application and supporting preliminary master plan materials shall be submitted to the Planning Commission [or review and analysis. The Planning Commission shall review this information and make a report of its findings to the Board of Supervisors. The Planning Commission shall as part of its review hold a public hearing pursuant to Section 15.2-2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the Planning Commission public hearing.

(D) The Planning Commission shall make a repOli of its findings to the Board of Supervisors within 90 days ofthe receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The Planning Commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the Planning Commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Planning Commission recommendation of approval.

(E) If the Planning Commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the Board of Snpervisor's review and action shall be delayed until such changes are made and submitted for review.

(F) The Board of Supervisors shall review the preliminary master plan, and act to approve or deny the plan within 12 months from the date of application. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts. The plan approved by the Board of Supervisors shall constitute the final master plan for the PD-I. Once approved by the Board of Supervisors, the zoning administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PD-I district.

Ordinance # Rllll-148Rl

Sec. 30-67-6 Revisions to Final Master Plan

All revisions to the final master plan shall be reviewed by the Planning Commission. The Planning Commission shall determine if the revisions to the final master plan are major or minor. Major revisions shall be reviewed and approved following the procedures and requirements of Section 30-67-5. Minor revisions shall be reviewed and approved by the Planning Commission. Major revisions include, but are not limited to changes such as:

(A) Any increase in the density of the development;

(B) Substantial change in circulation or access;

(C) Substantial change in the mixture of dwelling unit types included in the project;

(D) Substantial changes in grading or utility provisions;

(E) Substantial changes in the mixture of land uses or an increase in lot coverage or the amount of land devoted to non-residential purposes;

(F) Reduction in the approved open space, landscaping or buffering;

(G) Substantial change in architectural or site design features of the development;

(H) Any other change that the zoning administrator finds is a major divergence from the approved final master plan.

Sec. 30-67-7 Approval of Preliminary and Final Site Development Plans

(A) Following the approval ofthe final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PD-l that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning pennit, and the commencement of construction.

(B) Subdivision review under the subdivision regulations will be carried out simultaneously with the review of a planned development under this section. The plans required under this section shall be submitted in a form which will satisfY the requirements of the subdivision regulations.

(C) Preliminary and final site development plans submitted for review shall be in compliance with the final master plan approved by the Board of Supervisors. Bedford County shall review and approve or disapprove any final site development plan within 45 days of the monthly filing deadline.

(D) No Planned Development shall be approved and no work shall be authorized on construction nntil all property included in the final master plan is in common ownership.

Sec. 30-67-8 Failnre to Begin Development

Ordinance # RIIII·148RI

Failure of the applicant to submit a preliminary site development plan for at least one portion ofthe planned development within 18 months of the approval of the final master plan, shall constitute an application on the part of applicant to rezone the PD· I to the district designations in effect prior to the approval of the final master plan.

Sec. 30-67-9 Control Following Approval of Final Development Plans

The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development schedule is generally complied with. The provision and construction of all of the common open space and public and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. If the zoning administrator finds that the development schedule has not been followed, no permits, except for the above mentioned facilities, shall be issued until the developer complies with the development schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space andlor public and recreational facilities will be provided for at a specific date.

Now, THEREFORE, BE IT FURTHER ORDAINED, that should any portion or provision of this ordinance be held by any court to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole, or any part of the ordinance other than the part held to be unconstitutional or invalid. This ordinance shall become effective immediately upon its adoption.

A Copy-Teste:

Planning Commission

Draft 2011 Annual Report

Bedford County Planning Commission Annual Report – 2011 - DRAFT 1

Planning Commission ANNUAL REPORT TO THE BOARD OF SUPERVISORS – 2011

MEETINGS / MEMBERS

Organizational Meeting

The Planning Commission held its Organizational Meeting on February 7th. Curtis Stephens was elected Chairman and Derrick Noell was elected Vice-Chairman. Tim Wilson, Director of Community Development, was elected to serve as Secretary for the Commission. Meetings

The Planning Commission held 23 meetings in 2011. Four of the meetings were held jointly with the Board of Supervisors and were scheduled outside of the Commission’s regular monthly meeting dates. All Commissioners had very high attendance rates as noted below. Commissioner Attended Held Percent Attended

Lynn Barnes 19 23 83%

Rick Crockett 18 23 78%

Fred Fralick 21 23 91%

Derrick Noell 21 23 91%

Curtis Stephens 18 23 78%

Steve Stevick 19 23 83%

Steve Wilkerson 18 23 78%

Member Changes

Commissioner Stephens noted he would be leaving the Commission when his term was due to expire. Commissioner Stevick announced his resignation on December 5, 2011.

Appearances before the Board

Chairman Stephens presented the 2010 Planning Commission Annual Report to the Board at their April 25, 2011 meeting. Off-site Meetings

No off-site meetings occurred. In the past the Commission visited sites researching cluster developments, wind turbines and marina businesses. Training /Other Meetings

Planning Commissioners had opportunity to attend a variety of training and conferences in 2011, as well as other meetings. These included:

o PlanVA – Certified Planning Commissioner Program (formerly CPEAV)

o PlanVA – Fall Commonwealth Land Use and Zoning Conference

o Region 2000 Local Government Council Dinner Meeting

COMPREHENSIVE PLANNING

Comprehensive Plan

One amendment was made to the Comprehensive Plan. Urban Development Areas were added to the Comprehensive Plan text and the Future Land Use Map as required by the Code of Virginia. Special Review Projects

There were no Special Review projects considered during 2011 for Planning Commission action.


Wireless Plan Update

One component of the Comprehensive Plan is the “Strategic Plan for Commercial Wireless Telecommunication Facilities” as adopted by reference. As cell towers of various heights continue to be reviewed for special use permits, the Commission requested the plan be updated to assess the current 80-foot height policy. Atlantic Technology Consultants began work in the summer and attended a joint work session of the Board and Commission on November 28 to give an update on the process, survey results, and provide new technology information. An updated plan is expected in Spring 2012.

REZONINGS/ ORDINANCE AMENDMENTS Rezoning Applications

The Planning Commission held public hearings on two rezoning applications during 2011. o RZ110003 – Lamont and Helen Brown

(PRD to AR) o RZ110005 – Timothy Hooper, Patsy

Hooper (R-2 to AP)

The Commission recommended approval of RZ110003. The Commission recommended denial of RZ110005, which was related to special use application SU110010. Master Plan Amendment

The Commission received one request for a Master Plan amendment for an approved rezoning plan. NBI Development requested to amend RZ050004 to reduce the front, side and rear setbacks for 62 residential lots, and to move the previously approved amended location of the clubhouse and pool facilities. The Commission determined the request was minor and voted to approve it.

Zoning Ordinance Amendments –Text & Map

The Planning Commission held five public hearings on Zoning Ordinance Text Amendments and one hearing on a map amendment in 2011. They recommended approval of all changes to the Board. Map Amendment:

o Change the zoning district of the Etter parcel from R-1 to C-2 on Stewartsville Road to correct a zoning map error.

Text Amendments:

Addition of Wind energy systems, small to Zoning Ordinance Add "fire station hose towers" to the list of structures and uses to which zoning district height limitations shall not apply for Forest Fire Department. Add Radio Broadcasting Tower as a special use in the C-1, C-2, I-1, I-2 and AV Districts; add Communication Services as a special use in the AV District. Amend Article IV, Use and Design Standards, for Radio Broadcasting Towers. Modified Section 30-67 PD-1 regulations to promote traditional neighborhood design principles in accordance with the Code of Virginia and Chapter 14 of the Bedford County Comprehensive Plan. Add Wireless Communication as a listed special use with additional standards in the EP (Explore Park) Zoning District.

In addition to the specific amendments noted above, the Commission held a public hearing jointly with the Board on two nights in November. The hearing was on a comprehensive set of text and map amendments to zoning and subdivision ordinances initiated by the Board in September. A recommendation on the amendments is expected from the Commission in February 2012.


SPECIAL USE PERMITS

Special Use Permit Applications

The Planning Commission held public hearings on 10 Special Use Permit applications, five of which were for cell towers. The Commission recommended approval of seven of the SUP applications. The three applications recommended for denial to the Board were for a 160-foot tall cell tower in C-1, Hooper shooting range in AP and Vaught commercial kennel in AR. SU110006 - Verizon Wireless 84' cell tower in Big Island SU110007 - Verizon Wireless 94' cell tower in Goode

SU110009 - CAER

Height increase to 120' for tower structure in PID.

SU100011 - Claytor Nature Study Center Private camp in AV district. SU070009 - Mayberry Drive-In & Diner Add amusement rides.

SU110005 - AT&T

160-foot cell tower at Perrowville Rd.

SU030020 - Verizon Wireless

15-foot height extension to existing cell tower for a total height of 95 feet at Bethany Church Circle.

SU110008 - Verizon Wireless

Replace existing 64-foot cell tower with new 124-foot tower Route 43.

SU110010 - Timothy F. Hooper

Outdoor shooting range on Thomas Jefferson Rd.

SU120001 - Mark & Tammy Vaught

Commercial kennel in AR on Stewartsville Rd.

OTHER ITEMS

Subdivision Waiver Requests

The Planning Commission received one request for a waiver from the Subdivision Ordinance. Gregory Hills (SD110108) requested and a waiver was granted for the 5 to 1 depth to width ratio requirement for parcels. Presentations

The Planning Commission did not hear any presentations on planning-related topics during 2011. Status of Planning

No new significant residential or mixed use developments were begun in the County in 2011. Existing subdivisions continued to build out. Few commercial site plans were received for review in the Department of Community Development. In general, a majority were located in the Forest area.

Looking forward into 2012, the five-year review of the Comprehensive Plan will come due (Virginia Code requirement).

Report prepared in accordance with VAC§ 15.2-2221 and the Planning Commission bylaws.

agenda bedford county planning commission county … · 122 e. main street, bedford, va may 7, 2012...

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