c - Bedford County

Context Map
Snowden
Snowden
Snowden
Marble
Marble
Marble Spring
Spring
Spring
Big
Big
Big Island
Island
Island
Sunset
Sunset
Sunset Field
Field
Field
Coleman
Coleman
Coleman Falls
Falls
Falls
Sedalia
Sedalia
Sedalia
Curtis
Curtis
Curtis
Bear
Bear
Bear Camp
Camp
Camp
Coltons
Coltons
Coltons Mill
Mill
Mill
Bedford
Bedford
Bedford Reservoir
Reservoir
Reservoir
Boonsboro
Boonsboro
Boonsboro
Peaks
Peaks
Peaks Of
Of
Of Otter
Otter
Otter Recreation
Recreation
Recreation A
A
Area
rea
rea
Walnut
Walnut
Walnut Grove
Grove
Grove
Villamont
Villamont
Villamont
Cool
Cool
Cool Spring
Spring
Spring
Montvale
Montvale
Montvale
Montvale
Irving
Irving
Irving
Shady
Shady
Shady Grove
Grove
Grove
Otterville
A
Otterville
A
Antioch
ntioch
ntioch Otterville
Reba
Reba
Reba
Kelso
Kelso Mill
Mill
Mill
Kelso
Thaxton
Thaxton
Thaxton
Union
Union
Union
Bunker
Hill
Bunker
Bunker Hill
Hill
Bunker
Hill
Stewartsville
Stewartsville
Stewartsville
Flint
Flint
Flint Hill
Hill
Hill
Joppa
Joppa
Joppa Mill
Mill
Mill
Chamblissburg
Chamblissburg
Chamblissburg
Meads
Store
Meads
Meads Store
Store
Hardy
Hardy
Hardy
Goodview
Goodview
Goodview
Goodview
Diamond
Hill
Diamond
Diamond Hill
Hill
Suck
Suck
Suck Spring
Spring
Spring
Cifax
Cifax
Cifax
Big
Big
Big Otter
Otter
Otter Mill
Mill
Mill
Centerville
Centerville
Centerville
Lynchburg
Lynchburg
Lynchburg
Lynchburg
Norwood
Norwood
Norwood
Norwood
Goode
Goode
Goode
Lowry
Lowry
Lowry
Bedford
Bedford
Bedford
Bellevue
Bellevue
Bellevue
Bellevue
Clay
Clay
Clay
Forest
Forest
Forest
Five
Five
Five Forks
Forks
Forks
Otter
Otter
Otter Hill
Hill
Hill
Body
Body
Body Camp
Camp
Camp
Gillespie
Gillespie
Gillespie
Davis
Davis
Davis Mill
Mill
Mill
Meador
Meador
Meador
Coffee
Coffee
Coffee
Coffee
Perrowville
Perrowville
Perrowville
A
A
Abert
bert
bert
Waltons
Waltons
Waltons Store
Store
Store
Mentow
Mentow
Mentow
Woodford
Woodford
Woodford Corner
Corner
Corner
Stone
Mountain
Stone Mountain
Mountain
Moneta
Moneta
Moneta Stone
Hendricks
Hendricks
Hendricks Store
Store
Store
Huddleston
Huddleston
Huddleston
Radford
Radford
Radford
Radford
Dundee
Dundee
Dundee
Graves
Graves
Graves Store
Store
Store
Kasey
Kasey
Kasey
PERMIT REQUEST
The applicant requests approval of a special use permit and does not propose to change the
zoning of any parcels. The applicant proposes to construct a commercial kennel to be known as
“Lucky Paws Lodge & Day Camp” and will consist of 30 outdoor runs and a small office
building. The facilities will be located behind an existing vacant home and detached garage. The
property formerly contained a residential use which has been discontinued for several years. The
owners do not propose to live in the home, but instead may utilize it for additional office space
for the kennel in the future. Approval of the special use permit will convert the use of the
property from residential to commercial.
ANALYSIS
Zoning/Land Use Compatibility
The subject parcel is zoned AR (Agricultural/Residential District) with CO (Corridor Overlay)
along Route 24. Adjoining parcels on all sides are also zoned AR. Primarily residential homes on
lots of various sizes surround the parcel. AR is an agricultural and residential zoning district with
uses related to those categories. Kennels are generally better suited to agricultural zoning
districts where there may be greater distance from residences.
Page 2 of 8
Zoning Ordinance
The proposed use is classified as “Kennel, Commercial” in the Zoning Ordinance under
commercial uses and requires a special use permit in the AR district. The use definition from
Article II reads:
KENNEL, COMMERCIAL - The boarding, breeding, raising, grooming, or training
of 2 or more dogs, cats, or other household pets of any age not owned by the owner or
occupant of the premises, and/or for commercial gain.
Section 30-85-19 in Article IV provides use and design standards for a “kennel, commercial”.
This section is enclosed for your review. The project complies with the standards that require the
property to be at least two acres, and for all facilities to be set back a minimum of 100 feet from
any property line.
Section 30-85-19 also requires a Type C buffer yard along any property line(s) which adjoin a
residential use. Existing vegetation on the site has been deemed to equal or exceed screening that
would be achieved by the planting of such a buffer yard. As a result, staff finds that planting
would not be required if existing vegetation is to remain.
Comprehensive Plan
The Bedford County 2025 Comprehensive Plan contains several goals and objectives that are
relative to this special use permit request. They include:
Economic Development
A healthy, diversified economy that is environmentally sensitive and results in
business opportunities and quality jobs.
8.1
Business retention, business expansion, and growth in new businesses
8.2
Commercial/industrial development that is consistent with the preservation of
the scenic beauty, pastoral character, and historic resources of the County.
Land Use
An orderly, efficient, and compatible growth and land use pattern that is sensitive to
the natural environment
9.4
Commercial and industrial development compatible with existing and planned
residential development
Environmental
The project will require some land disturbance and removal of existing vegetation to make way
for the kennel office, outdoor runs, parking area and driveway. The vegetation to be disturbed is
located towards the center of the property as opposed to along property lines. Local and state
erosion and sediment control laws will regulate any grading or stormwater runoff.
Page 3 of 8
Transportation
The property is currently accessed by a driveway from Stewartsville Road (Route 24). Because
this entrance is not adequate for sight distance per initial comments from the Virginia
Department of Transportation (VDOT), the concept plan proposes an additional entrance
adjacent to the existing driveway. This entrance will have to obtain an exception for access
management distance spacing as discussed during the Technical Review Committee (TRC)
meeting on September 22.
According to VDOT’s 2010 traffic volume data, the AADT (average annual daily traffic) on
Stewartsville Road between Dickerson Mill Road (Route 746) and Stony Fork Road (Route 801)
is approximately 5200 vehicles per day. Staunton River Middle and High Schools are located
within this portion of Route 24.
Utilities
The existing home is served by private well and septic facilities. The commercial kennel will
utilize the existing well. Separate septic facilities will be installed for both the proposed office
building and kennel area as required by the Health Department.
Public Facilities
No impact to public schools or libraries will occur with this project. The development is
commercial and does not accommodate residents that demand these services.
Aesthetic/Visual
Impact to the aesthetic character of the area is expected to be minimal. The proposed kennel and
office facilities will not be visible based on their location behind the existing home, vegetation
and sloping topography.
Noise
The use and design standards for a commercial kennel in Section 30-85-19 require a kennel
silencer which is a device that stops dogs from barking. This requirement should alleviate
potential noise disturbances to neighbors. The buffer requirement is intended to minimize this
issue as well.
CONCLUSION
The proposed commercial kennel will provide an additional service for citizens in this vicinity as
well as promote a new business opportunity. Standards in Article IV are met with the concept
plan or mitigated with recommended conditions.
Page 4 of 8
RECOMMENDED CONDITIONS
These conditions may be amended by the Planning Commission to address other concerns that
may arise.
1. Sections 30-34 (Agricultural/Residential District) and 30-85-19 (Kennel, Commercial) of
the Bedford County Zoning Ordinance shall apply to approval of the project.
2. The site shall be developed in conformance with the concept plan dated August 30, 2011
as prepared by Pierson Engineering & Surveying Inc., except as modified by the final site
development plan process.
3. Existing trees on the site shall remain as a buffer of the site. If the trees remain, the
landscaping requirements of Section 30-85-19(B) of the Zoning Ordinance shall be
waived. If any trees are removed from this area, the Zoning Administrator shall be
notified and determine if landscaping is needed.
4. A kennel silencer as required by the use and design standards shall be installed prior to
operation. Staff shall be contacted to perform an inspection upon installation of the
silencer.
5. A copy of the Health Department’s approval shall be provided to the County.
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
Location Map
Zoning Map
Aerial Photograph
Application & Concept Plan
Article III, Section 30-34, AR (Agricultural/Residential District)
Article IV, Section 30-85-19, Kennel, Commercial
Article III, Section 30-79, Permitted Use Table
Page 5 of 8
Location Map
Joppa Mill Road
(Route 747)
Meads
Meads
Meads Store
Store
Store
Meads
c
STEW A
RT SVIL
LE
B.M. 866
AMBER
LANE
Mead Valley Road
(Route 749)
ESTATES
ROAD
MEADORS
SPUR
ROAD
FEATHER ROAD
BLACK
B.M. 949
BLACK FEATHER
ROAD
Page 6 of 8
Zoning Map
AR
Meads
Meads
Meads Store
Store
Store
STEW A
RT SVIL
LE
B.M. 866
B.M. 949
AMBER
LANE
CO
ESTATES
ROAD
MEADORS
SPUR
ROAD
FEATHER ROAD
BLACK
c
BLACK FEATHER
ROAD
Page 7 of 8
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.
(B)
a.
Area: 1.5 acre (65,340 square feet).
b.
Frontage: 150 feet on a publicly owned and maintained street.
Minimum setback requirements
1.
Principal structure:
a.
b.
Front yard/rear yard:
i.
Combined front yard and rear yard: 75 feet.
ii.
Minimum front yard: 35 feet.
iii.
Minimum rear yard: 25 feet.
Front yard/side yard (applies to corner lots):
i.
Combined front yard and side yard: 70 feet.
ii.
Minimum front yard: 35 feet.
iii.
Minimum side yard: 15 feet.
c.
2.
3.
(C)
Side yards:
i.
Combined side yards: 40 feet.
ii.
Side yard minimum: 15 feet.
Accessory structure:
a.
Front yard: 50 feet or behind the front building line, whichever distance
is less.
b.
Side yard: 10 feet.
c.
Rear yard: 10 feet.
Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
Maximum height of structures
All structures: 45 feet.
(D)
(E)
Maximum coverage
1.
Building coverage: 10 percent of the total lot area.
2.
Lot coverage: 30 percent of the total lot area.
Maximum subdivisions of a single tract allowed
Up to ten separate lots, provided each lot meets the requirements of this section.
The maximum of ten lots shall include an further subdivision of these newly
subdivided lots. The subdivision of more than ten lots shall require a rezoning as
set forth in Article I.
Sec. 30-85-19
(A)
(B)
(C)
Kennel, Commercial
General standards:
1.
Each commercial kennel shall install and operate a kennel silencer.
2.
Animal waste shall be disposed of in a manner acceptable to the department of
health.
3.
Crematoria or land burial of animals in association with a commercial kennel shall
be prohibited.
Additional standards in the AP, AR, and AV districts:
1.
The minimum area required for a commercial kennel shall be 2 acres.
2.
All facilities associated directly with the commercial kennel, whether indoors or
outdoors, shall be set back a minimum of 100 feet from any property line.
3.
When adjoining a residential use type, a Type C buffer yard in accordance with
Article V shall be provided along the property line which adjoins the residential use
type.
Additional standards in the C-2 district:
All outdoor runs, training areas, and pens associated with a commercial kennel shall be set
back a minimum of 100 feet from any property line.
Article III
SEC. 30-79
Permitted Use Table
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, and an
"*" indicates more stringent standards as specified in Article IV
USES
AP
AR
AV
Agriculture
Agricultural and Forestry Uses
R
R
R
Agricultural Subdivision
R
R
R
Commercial Feedlots
R*
R*
Farm Employee Housing
R*
R*
Forestry Operations
R*
R*
Sawmill
S
S
Sewage Sludge Storage
S
R-1
R-2
S
S
R-3
R-4
PRD
RMH
C-1
C-2
NC
PCD
I-1
I-2
PID
EP
R
S*
Stable, Commercial
R*
R*
S*
S*
Stable, Private
R*
R*
R*
S*
Wayside Stand
R*
R*
R*
Residential Uses
AP
AR
AV
R-1
R-2
R-3
R-4
PRD
Accessory Apartment
R*
R*
R*
R*
R*
R*
R*
R*
S*
S*
S*
S*
S*
S*
S*
RMH
R*
R*
R*
R*
C-1
C-2
NC
PCD
R*
R*
I-1
I-2
S*
PID
R*
EP
S*
Alternative Discharging Sewage
Systems
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Home Occupation, Type II
R*
R*
R*
Kennel, Private
R*
R*
R*
R*
R*
R*
R*
Manufactured Home
R*
R*
R*
R*
R*
Manufactured Home, Class A
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Manufactured Home, Accessory
R*
R*
R*
Manufactured Home, Emergency
R*
R*
R*
R*
R*
R*
R*
R*
R*
S*
R*
Home Beauty/Barber Salon
Home Occupation, Type I
R*
Residential Human Care Facility
S*
R
R
R
R
Single Family Dwelling, Attached
Single Family Dwelling, Detached
S*
S*
S*
S*
R*
Manufactured Home Park
Multi-family Dwelling
S*
S*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
S*
S*
S*
S*
R
R
R
R
R
R
R*
R*
R*
R*
R*
R*
R*
R*
R
R
R
R
R
R
R
R
R*
R*
Single Family Dwelling, Detached (Zero
R*
R*
R*
R*
R*
Townhouse
Lot Line Option)
S*
S*
R*
R*
R*
S*
S*
Two Family Dwelling
R*
R*
R*
R*
R*
R*
R*
Civic Uses
R*
AP
AR
AV
R-1
R-2
R-3
R-4
PRD
RMH
C-1
C-2
NC
PCD
I-1
I-2
PID
EP
Administrative Services
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
Animal Shelter
S*
S*
S*
S*
S*
S*
S*
S*
S*
Camps
S*
S*
S*
Cemetery
S*
S*
S*
Community Dock
S*
S*
Community Recreation
R*
R*
Correctional Facilities
S
Civic Clubs
R*
S*
S*
S*
S*
S*
S*
R*
R*
R*
R*
R*
R*
R*
R*
S*
S*
R*
R*
R*
S*
S*
S*
R*
R*
S*
R*
R*
R*
R*
Crisis Center
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
Day Care Center
S*
S*
R*
S*
S*
S*
S*
R*
R*
R*
R*
R*
R*
R*
R*
III-1
R
R
Article III
Permitted Use Table
USES
Civic Uses (continued)
AP
AR
AV
R-1
R-2
R-3
R-4
PRD
RMH
C-1
C-2
NC
PCD
R*
R*
R*
R*
R*
I-1
I-2
PID
EP
Educational Facilities,
College/University
R*
R*
Educational Facilities,
Primary/Secondary
Family Day Care Home
S*
S*
R*
S*
S*
S*
S*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R
R
R
R
Guidance Services
R
Halfway House
S
Home for Adults
S
Life Care Facility
Nursing Home
S
S
S
S
S
S
S
R
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Park and Ride Facility
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Post Office
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
Public Assembly
S
S
S
R
S
S
Public Maintenance and Service Facility
R
R
R
R
R
R
R
R
R
R
R
R
R
Public Parks and Recreational Areas
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Religious Assembly
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Safety Services, Private
S*
S*
R*
S*
S*
S*
S*
R*
R*
R*
R*
S*
Safety Services, Public
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Utility Services, Major
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
Utility Services, Minor
R
R
R
R
R
R
R
R
R
R
R
R
Office Uses
AP
AR
AV
R-1
R-2
R-3
R-4
PRD
C-1
C-2
NC
PCD
Clinic
S*
S*
S*
R*
R*
R*
R*
R*
Financial Institutions
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
General Office
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
S
S
S
R
S
S
R
R
R
R*
R*
R*
R*
R*
R*
R*
R*
C-1
C-2
NC
PCD
I-1
I-2
PID
R*
R*
S
Laboratories
Medical Office
S*
S*
R*
Commercial Uses
AP
AR
AV
R-1
R-2
R-3
R-4
PRD
R*
R*
RMH
RMH
Adult Entertainment
Agricultural Services
R
R
R
R*
R*
R*
R*
R*
S*
S*
S*
R*
R*
R*
S*
R*
R*
R*
R*
R*
R*
R*
S*
R
R
R
R
I-1
I-2
PID
EP
R*
R*
R*
S*
R*
S*
R*
R*
R*
R*
R*
Automobile Dealership, New
R*
R*
R*
R*
S*
R*
Automobile Dealership, Used
S*
S*
R*
S*
Automobile Graveyard
S
Automobile Parts/Supply, Retail
S*
Automobile Repair Services, Major
R*
S*
R*
S*
S*
S*
R*
R*
R*
S*
R*
R*
R*
R*
S
Automobile Repair Services, Minor
S*
R*
R*
Automobile Rental/Leasing
S
R
R
R
S*
S*
R*
R*
R*
Boarding House
S
Business or Trade Schools
R
Business Support Services
Campgrounds
EP
S*
Antique Shops
Bed and Breakfast
R
S
S*
S*
S*
S*
S*
S*
S
R
R
S*
S*
S
R
R
R
R
R
S*
S*
R*
S*
R
S
R
R
R
R
S
R
R
R
R
S*
S*
R
R
R*
S*
R*
Carwash
S*
S*
S*
S*
S*
Commercial Indoor Amusement
S
S
R
S
S
S
S
S
S*
S
R
Commercial Indoor Entertainment
S
S
R
R
S
R
R
R
R
R
S
S
S
R
S
S
S
S
S
R
S
S
S
S
S
S
R
S
S
Commercial Indoor Sports and
Recreation
Commercial Outdoor Entertainment
R
Commercial Outdoor Sports and
Recreation
Communications Services
Construction Sales and Services
S*
S
S
S
S
S
S
R
R
R
R
R
R
R
R
R*
R*
R*
R*
R*
S*
Consumer Repair Services
R
R
R
R
R
R
R
R
Convenience Store
S*
R*
R*
R*
R*
R*
R*
R*
Dance Hall
S
S
S
S
Equipment Sales and Rental
S*
S*
S*
III-2
S
R*
R*
S*
R*
Article III
Permitted Use Table
USES
Commercial Uses (continued)
AP
AR
Flea Market
R-2
R-3
R-4
PRD
RMH
C-1
R*
S*
S*
C-2
NC
PCD
I-1
I-2
S
S
R*
R*
R*
S*
R*
R*
S
R
R*
Gasoline Station
Golf Course
R-1
S
Funeral Services
Garden Center
AV
R
R
R*
S*
R*
S*
S*
S*
R
R
R*
S*
R*
S*
R*
PID
R
R*
R*
S*
R*
R*
R*
Hospital
R
R
R
R
Hotel/Motel/Motor Lodge
R
R
R
R
R
R
R
S*
S*
R*
S*
R*
R*
R*
R*
R*
S*
R*
Kennel, Commercial
R*
S*
Landscaping and Lawn Care Services
S*
Laundry
Manufactured Home Sales
S*
Marina
S
S
S
Mini-warehouse
Pawn Shop
EP
R
R*
R*
R*
R
R
R
R
R
R*
S*
R*
R*
R*
S
R
R*
R*
R*
R*
R*
R
R
R
R
R
R
R
Personal Improvement Services
R
R
R
R
R
R
R
R
Personal Services
R
R
R
R
R
R
R
R
R
R*
R*
R*
R*
S*
R*
S*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R
R
R
R*
R
Recreational Vehicle Sales and Services
S*
Restaurant, Drive-in and Fast Food
S*
R*
R*
Restaurant, Family
R*
R*
R*
Restaurant, General
R*
R*
R*
Retail Sales
R
R
S
R
R
R
Studio, Fine Arts
R
R
R
R
R
R
R
R
R
S
R
R
S
S*
Surplus Sales
R
Truck Stop
Veterinary Hospital/Clinic
Industrial Uses
S*
R
R
R
AP
AR
AV
S*
R
R-1
R-2
R-3
R-4
PRD
RMH
R
S*
S*
S*
R
R
R
R
R
R
R
C-1
C-2
NC
PCD
I-1
I-2
PID
S*
S*
Asphalt Plant
Composting
R*
Construction Yards
S*
Custom Manufacturing
R*
R*
S*
S*
Industry, Type I
R*
S*
R
S
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
S*
R*
R*
R*
R*
S
R
R
R
S
R
S
S
S
S
Industry, Type II
Industry, Type III
Landfill, Sanitary
S
S
Meat Packing and Related Industries
Railroad Facilities
Recycling Centers and Stations
S*
S*
Resource Extraction
S*
S*
S*
S*
S*
S*
S*
S*
Scrap and Salvage Yards
Transfer Stations
S*
S*
Transportation Terminal
S*
S*
S*
S*
S*
S*
S*
S*
S
S*
S*
S
S*
S
Truck Terminal
Warehouse and Distribution
Winery
S*
S*
S*
S*
S
S
S
S
R
R
R*
S*
S*
S*
S*
S*
S*
S*
R
R
S
R
R
R
R
R
R
R
R*
R*
R*
R*
Miscellaneous Uses
AP
AR
AV
R-1
R-2
R-3
R-4
PRD
RMH
C-1
C-2
NC
PCD
I-1
I-2
PID
Amateur Radio Tower
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
Aviation Facilities, Private
S*
S*
S*
S*
S*
S*
S*
Outdoor Gatherings
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
S*
R*
R*
R*
R*
R*
R*
S*
S*
Wind Energy System, Small
R*
R*
R*
Wireless Communication
S*
S*
S*
Parking Facility
Shooting Range, Outdoor
S*
S*
EP
EP
S*
Transportation Terminal
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
R*
S*
S*
S*
S*
S*
S*
S*
(Ord. of 07.09.01; Ord. of 02.11.02; Ord. of 10.12.04; Ord. of 03.07.05; Ord. of 07.23.07; Ord. of 05.27.08; Ord. of 11.12.08; Ord. of 11.12.09; Ord. of 2.28.11)
III-3
R*
Context Map
Snowden
Snowden
Marble
Marble
Marble Spring
Spring
Spring
Big
Big
Big Island
Island
Sunset
Field
Sunset
Sunset Field
Field
Sunset
Field
Peak
Peak
Peakss Of
Of Otter
Otter Recreation
Recreation
Recreation A
A rea
rea
rea
Walnut
Walnut
Walnut Grove
Grove
Grove
Villamont
Villamont
Villamont
Cool Spring
Cool
Spring
Spring
Shady
Shady
Shady Grove
Grove
Grove
Union
Union
Meador
Meador
Meador
Big
Big
Big Otter
Otter Mill
Mill
Lynchburg
Lynchburg
Lynchburg
Perrowville
Perrowville
Perrowville
Norwood
Norwood
Norwood
Clay
Clay
Clay
Forest
Forest
Forest
Bellevue
Bellevue
Lowry
Lowry
Lowry
Bedford
Bedford
Bedford
Five
Five
Five Fork
Forksss
Otter
Hill
Otter
Otter Hill
Hill
Otter
Hill
Body
Body Camp
Camp
Waltons
Store
Waltons
Waltons Store
Store
Waltons
Store
Davis
Davis
Davis Mill
Mill
Mill
Stone
Stone Mountain
Mountain
Mountain
Moneta
Moneta
Moneta
Hendrick
Store
Hendrick
Hendrickss Store
Store
Radford
Radford
Radford
Boonsboro
Boonsboro
Boonsboro
Cifax
Cifax
TThaxton
haxton
haxton
A bert
A
bert
Bear
Bear
Bear Camp
Camp
Camp
Otterville
Otterville
Centerville
Centerville
Bunk
er
Hill
Bunker
er Hill
Hill
Bunk
Stewartsville
Stewartsville
Stewartsville
Flint
Flint Hill
Hill
Chamblissburg
Chamblissburg Flint
Chamblissburg
Meads
Meads Store
Store
Store
Hardy
Hardy
Hardy
Goodview
Goodview
Goodview
Diamond
Diamond
Diamond Hill
Hill
Hill
Curtis
Curtis
Coltons
Coltons
Coltons Mill
Mill
Mill
Reba
Reba
Kelso
Kelso Mill
Mill
Irving
Irving
Irving
Coleman
Falls
Coleman
Coleman Falls
Falls
Woodford
Woodford
Woodford Corner
Corner
Corner
Huddleston
Huddleston
Huddleston
Dundee
Dundee
Graves
Graves
Graves Store
Store
Store
Kasey
Kasey
Kasey
PROPOSED CHANGES
The rezoning request proposes to change the zoning classification of 21.209 acres of a
80.11 acre parcel, from Medium Density Residential (R-2) to Agricultural Rural Preserve
(AP). The applicant has requested the rezoning for the purpose of seeking a Special Use
Permit to operate a “Shooting Range, Outdoor”.
The site will be accessed via an existing entrance off of Thomas Jefferson Road that will
be improved to meet VDOT’s standard commercial entrance requirements. A new parcel
will be created with the existing tax maps.
NEIGHBORHOOD INFORMATION MEETING - REZONING
A Neighborhood Information Meeting (NIM) was held on Wednesday, August 31, 2011,
at 7:00 pm at Thomas Jefferson Elementary School. There were approximately 75
citizens in attendance. Staff explained the rezoning and special use permit processes and
informed the members of the audience of the tentative date for the Planning Commission
public hearing for the request.
Since the rezoning request is related to the applicant’s SUP request for a “Shooting
Range, Outdoor”, almost all of the questions were related to the SUP request. Very few
questions or concerns were posed for the rezoning. The citizens present had the
following questions/comments/concerns: Proximity of the proposed shooting range to
New London Academy and the surrounding properties, hours of operation, whether the
range will be public or private, the noise emitted from the discharge of firearms, whether
2
a background check is required of all students taking courses, the traffic generated from
the use along Thomas Jefferson Road, and the property values of surrounding properties
in close proximity to the use. (A summary of the NIM is attached).
ANALYSIS
Zoning/Land Use Compatibility
The subject property is a portion of an existing 80.11 acre parcel. The property was
zoned R-2 when the Zoning Ordinance was adopted on November 30, 1998. The
property currently contains a single family dwelling, and several barns/outbuildings that
are utilized for agricultural purposes. The property consists primarily of fenced open
pasture that is utilized for cattle grazing and hay production. Per information provided by
the applicant, the property has been utilized as a farm since 1967, when the Hooper
family purchased the property. The current agricultural use is a legal non-conforming
use. Additional information provided by the applicant indicates that the structures and
berms related to an outdoor shooting range have been constructed within the last 15
months. Staff received an anonymous complaint regarding the operation of an outdoor
shooting range at the property on August 12, 2010. A site visit was conducted by
Community Development staff on August 27, 2010 to verify that the outdoor shooting
range use had commenced. Based upon this site visit, a Notice of Violation was sent via
certified mail to Timothy Hooper on October 22, 2010. (A copy of the Notice of
Violation is enclosed).
The surrounding properties to the north along Thomas Jefferson Road are predominately
Medium Density Residential Uses (Single Family Dwellings), zoned R-2. The uses to
the immediate south along Thomas Jefferson Road are single family dwellings, zoned
R-2. Further south at the intersection of Thomas Jefferson Road and US Route 460 west
are commercial uses consisting of Food Lion, Beijing Chinese Restaurant, Dollar Craze
(Retail Store) and Express Lane Convenience Store, zoned PCD. Further east along US
Route 460, adjoining the subject property, is New London Academy (Public School), also
zoned PCD. The properties to the immediate east along Ryland Drive and further east
along US Route 460 (Sentry Equipment Erectors and Forestry Equipment of Virginia) are
light industrial uses, zoned I-2. In summary, there are a number of different zoning
districts and a variety of use types in this area.
Zoning Ordinance
Currently, the subject property is zoned Low Density Residential (R-2). The R-2 district
allows for a diversity of residential and civic uses. There are no commercial uses
permissible by-right in an R-2 district.
The purpose of the R-2 Medium Density District is to establish areas in the county within
the urban service areas where infrastructure (i.e. water, sewer and roads) is available to
support such development, while providing reasonable protection to existing single
family neighborhoods and providing a diversity of alternative housing options. The
typical density is three to six units per acre. Older neighborhoods with smaller lot sizes
are also included, along with additional opportunities for in-fill development.
3
The R-2 district regulations (Section 30-42) of the Zoning Ordinance provide the
minimum standards for all property zoned R-2 in Bedford County. This section is
enclosed for your reference.
The purpose of AP, Agricultural/Rural Preserve District is to maintain and preserve rural
areas, along with the protection of sensitive and unique land resources. The primary
objection is to maintain existing agricultural lands and discourage incompatible land uses,
and to minimize the demand for public sewer and water. Lower densities are highly
encouraged, and large scale development is discouraged.
The minimum lot size in the AP district is three (3) acres, along with 200’ of frontage on
a publicly owned and maintained street. The maximum division of a single tract is up to
five (5) lots, and includes any further subdivision of any newly subdivided lot. The
primary uses in the AP district are agriculture and forestry uses, along with residential
uses consisting of single family dwellings and manufactured homes. If the property is
rezoned to AP, all by-right uses, along with all uses requiring a special use permit would
be allowed on the property. Additionally, the current agricultural use on the property
becomes a conforming use.
The AP district regulations (Section 30-32) of the Zoning Ordinance provide the
minimum standards for all property zoned AP in Bedford County. This section is
enclosed for your reference.
Comprehensive Plan Relevance
The County’s Comprehensive Plan (Bedford County 2025) contains specific goals and
objectives which are relative to this rezoning request. The Goals and Objectives are
listed as:
Land Use
Goal and Intent:
An orderly, efficient, and compatible growth and land use pattern that is sensitive to the
natural environment:
Objectives:
9.2
Preservation of farmland, forested land, open space, and rural character.
Land Use Designation/Future Land Use
The Future Land Use Map of the Comprehensive Plan identifies the future land uses of
the subject property as “Commercial/Light Industrial”. Commercial/Light Industrial is
defined in the Comprehensive Plan under Future Land Use Designations as “Areas that
include a mixture of commercial and light industrial uses. These areas are located
adjacent to commercial or light industrial uses near major transportation facilities and
access to all major utilities”.
4
CONCLUSION
The Future Land Use Map of the Comprehensive Plan has designated both parcels as
“Commercial/Light Industrial”. A mix of commercial and light industrial uses exists in
close proximity to the subject property. Under the Future Land Use Map of the
Comprehensive Plan, AP zoning is not consistent, but neither is the existing R-2 to a
lesser extent. The most restrictive of both districts is the existing R-2, while the AP
district does allow for limited commercial uses. The property is also currently utilized
for agricultural purposes (i.e. cattle farming and pasture), so the intent of the AP district
is also achieved with the existing use (farming), which makes the existing use compatible
with the rezoning request.
The “Down zoning” from R-2 to AP will result in a less allowable density if the property
were to remain as R-2.
Additionally, all uses allowed by-right and by special use in the AP district become
available if the property is rezoned. The AP district requires a minimum lot size of three
(3) acres, along with 200’ of frontage on a publicly owned and maintained street, and
allows a maximum subdivision of five (5) separate lots. The minimum lot size in the R-2
district is 20,000 square feet, when lots are served by either public water or sewer, along
with 75’ of frontage on a publicly owned and maintained street. Public water is available
in this immediate area through the Bedford County Public Service Authority, resulting in
a potential of 46 lots if the property were to be subdivided. Additionally, the R-2 district
does not have a limitation on the number of allowable lots, whereas the AP district allows
for a maximum of five (5) lots. The rezoning of the property from R-2 to AP will result
in less allowable density, fewer divisions of land, and larger lot sizes if the applicant were
to subdivide the property.
PROFFERS SUBMITTED FOR RZ110005
As of this date, no proffers have been submitted for RZ110005.
Attachments
1.
Zoning Map
2.
Aerial Map
3.
Future Land Use Map
4.
Rezoning Application
5.
Article III, Section 30-42 (AP) of the Zoning Ordinance
6.
Article III, Section 30-42 (R-2) of the Zoning Ordinance
7.
Neighborhood Informational Meeting (NIM) notes dated 9/22/2011
8.
Section 30-79 of the Zoning Ordinance (Permitted Use Table)
9.
Notice of Violation dated October 22, 2010
5
Zoning Map
DRIVE
SHADOW RIDGE
DRIVE
W YE
DRIV
E
ROAD
WIL L OW OAK
DRIVE
RIVER OAK
DRIVE
T
GS
KIN
RT
OU
OAK C
ON
Aerial Map
PETERS
DRIVE
SEV
EN
E
SI ST
RS
RD
OAK
PETERS
DRI VE
L YON
L ANE
LA
W
DRIV
E
LYON
LANE
NE
RH ETT
QUEEN ANN
COURT
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RB
DA
HERM ANS
HOL L OW
ROAD
DR IV
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RO AD
MILLSPRING
DRIVE
BE
GREAT OAK
ROAD
DRIVE
L ARUE
THOM AS
J EFFERSON
ROAD
QUEEN ANN
COURT
HERM ANS HOL L OW
ROAD
AD
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L AR
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RO
W
W
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SHADEWO OD
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DRIV
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GR EA
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THOM
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WOODS
END
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PL
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BR
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PETERS
DRIVE
SHEFFEY
DRIVE
TURKEYFOOT
ROAD
R-2
Aerial
JEF FE
FORE
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PETERS
DRIVE
L ONDON
DRIVE
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Future Land Use
R-2 Map
E
RO
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W
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THOM AS J EFFERSON
ROAD
SOMERS
WAY
S
PP
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WILL S
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HI L L
NEW M ARKET
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TURNPIKE
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B .M. 892
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DRIVE
BA
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ROAD
L EM
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SA
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PCD
DRIVE
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PI KE
TURN
J ACKSON
ROAD
L ONDON DOWNS
DRIVE
NEW L ONDON
ROAD
CAPERTON
WAY
CO LBY
W
NEW HAVEN
COURT
6
Aerial Photograph – 2010
7
Future Land Use Map
8
Context Map
Snowden
Snowden
Marble
Marble Spring
Spring
Big
Big Island
Island
Sunset Field
Sunset
Field
Peak
Peakss Of
Of Otter
Otter Recreation
Recreation AArea
rea
Walnut
Walnut Grove
Grove
Reba
Reba
Cool
Cool
Spring
Spring
Villamont
Villamont
Kelso
Kelso Mill
Mill
Shady
Shady Grove
Grove
Curtis
Curtis
Coltons
Coltons Mill
Mill
AAbert
bert
Camp
Bear
Bear Camp
Boonsboro
Boonsboro
Lynchburg
Lynchburg
Perrowville
Perrowville
Cifax
Cifax
Big
Big Otter
Otter Mill
Mill
Norwood
Norwood
Clay
Clay
Centerville
Centerville
Forest
Bellevue
Bellevue Forest
Irving
Irving
haxton
TThaxton
Lowry
Lowry
Bedford
Bedford
Union
Union
Bunk er Hill
Stewartsville
Stewartsville
Flint Hill
Hill
Chamblissburg
Chamblissburg Flint
Meads Store
Hardy
Hardy
Goodview
Diamond
Diamond Hill
Hill
Coleman
Coleman Falls
Falls
Meador
Meador
Otterville
Otterville
Five
Five Fork
Forkss
Otter
Otter Hill
Hill
Body
Body Camp
Camp
Davis
Davis Mill
Mill
Waltons
Waltons Store
Store
Stone
Mountain
Stone
Stone Mountain
Moneta
Moneta
Woodford
Woodford Corner
Corner
Hendrick
Hendrickss Store
Store
Huddleston
Huddleston
Radford
Radford
Dundee
Dundee
Graves
Graves Store
Store
Kasey
Kasey
ANALYSIS
ZONING ORDINANCE
The proposed use requested is a Shooting Range, Outdoor, which requires approval of a Special
Use Permit in the AP district. The use is listed under “Miscellaneous Uses” in Section 30-79 of
the Zoning Ordinance. The use definition from Article II (Definitions) of the Zoning Ordinance
reads:
SHOOTING RANGE, OUTDOOR - The use of land for archery and the
discharging of firearms for the purposes of target practice, skeet and trap
shooting, mock war games, or temporary competitions, such as a turkey shoot.
Excluded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's
permission.
(Article II, Definitions and Section 30-79, Permitted Use Table attached).
Article IV, Section 30-87-6 provides use and design standards for a “Shooting Range, Outdoor”.
This section is enclosed for your review. The project complies with the standards that require
the perimeter property line and the site or area used as a shooting range or match to be fenced so
that public access is controlled to insure the safety of patrons and the public. The type of fencing
Page 2 of 5
utilized is a wooden fence with wire mesh. From each firing point, an earthen berm is utilized to
absorb discharged loads, so the minimum setback distance from the nearest property line is 200’.
Additionally, no firing point can be located within 100’ of an adjoining property line. The
project complies with both of these required distances.
A Shooting Range, Outdoor, requires review and approval of the Bedford County Sheriff, as
required by Article IV, Section 30-87-6 of the Bedford County Zoning Ordinance. The Sheriff
must review and approve the design and layout of any shooting range or match as to its safety to
patrons of the range as well as surrounding property owners. The Special Use Permit application
and concept plan was submitted to the Bedford County Sheriff’s Office on August 18, 2011. As
of this date, no written correspondence has been received from the Bedford County Sheriff’s
Office.
Site Assessment and Agency Input
Environmental Relevance
The property consists primarily of open pasture and is relatively flat. Grading has occurred for a
portion of the access road, the range/shoot house area, creation of the berm surrounding the
range, and the gravel parking area. The clearing and grading of the property, along with
Stormwater Management, is regulated by the State and through local Erosion and Sediment
Control laws. At the time of the initial site visit, staff determined that a Land Disturbing Permit
was required for the grading that had occurred for the access road, the range/shoot house area,
the berm surrounding the range, and the gravel parking area. The required Land Disturbing
Permit (LD110107) was approved and issued by the Bedford County Division of Natural
Resources on April 4, 2011. The site has been monitored periodically for compliance by the
Division of Natural Resources.
Transportation Relevance
The property is located along Thomas Jefferson Road (Route 811). Route 811 is an existing
secondary route. According to VDOT’s 2010 Annual Average Daily Traffic Volume Estimates,
the AADTV (Annual Average Daily Traffic Volume) for this segment of roadway is:
From East Lynchburg Salem Turnpike (US Route 460) along Thomas Jefferson
Road (Route 811) to Bellevue Road (Route 643), 0.47 miles in length – 6,100
vehicles.
VDOT has reviewed the special use permit application, related correspondence, and the concept
plan. Per correspondence from Brian Casella, VDOT Area Land Use Engineer, the existing
residential entrance will need to be updated to reflect a standard commercial entrance. (See letter
dated September 26, 2011, along with Figure 4-9, Commercial Entrance Design Standards).
Utilities
Staff has verified that no public utilities are required. The shoot houses and other appurtenances
are considered to be an outdoor assembly use under the building code. The shoot houses and
other appurtenances of the facility are not designed to be occupied on a permanent basis.
Therefore, portable toilets may be utilized as restroom facilities, per verification from the
Building Department.
Page 3 of 5
Public Facilities
The proposed project will not impact the public school system with additional students.
Additionally, no service demands are anticipated for libraries or parks.
Aesthetic/Visual Impacts
No buffer yard is required at each property line between the AP and adjoining PCD and
I-2 districts. Per information provided by the applicant, all existing trees are to remain at each
property line. The range, shoot houses, and other appurtenances are not visible from Thomas
Jefferson Road or Academy Lane, adjacent to New London Academy. All noise is regulated by
Section 14-4 of the Bedford County Code. The Bedford County Code specifically prohibits the
discharge of explosives, fireworks, and similar devices between the hours of 11:00 pm and 6:00
am. All proposed shooting will occur between the hours of 8:00 am and 10:00 pm.
CONCLUSION
The proposed use complies with the general standards of Article IV, Section 30-87-6 of the
Zoning Ordinance. The proposed use will provide an additional service for citizens in Bedford
County as well promote a new business opportunity.
Special Use Permit:
RECOMMENDED CONDITIONS FOR SU110010
1. Sec. 30-32 (AP district), Article IV, Sec. 30-87-6 (Shooting Range, Outdoor) and Sec.
30-19 (Special Use Permits) of the Bedford County Zoning Ordinance shall apply to
approval of the project.
2. The site shall be developed in conformance with the concept plan dated December 3,
2010, prepared by Albert E. Neighbors, Jr., L.S.
3. The proposed use will comply with the design and layout recommended by the Bedford
County Sheriff’s Office, including the required applicable distances under Article IV,
Section 30-87-6 of the Bedford County Zoning Ordinance.
4. A certified instructor must be present during all shooting events.
5. Shooting will occur Monday through Saturday between the hours of 8:00 am and 10:00
pm. Tactical training and competition shooting will occur year round, with competition
shooting limited to twice monthly. All civilian courses will be limited to twenty (20)
students and will be conducted from March 15 through November 15 of the calendar
year. No shooting will occur on Sundays.
6. No loud speaker system will be utilized as a means of communication between range
personnel and students.
Page 4 of 5
7. The existing trees surrounding the entire perimeter of the property will remain to provide
a visual barrier from the adjoining properties along Thomas Jefferson Road, Academy
Lane, and Ryland Drive.
8. Minimal lighting will be provided for safety purposes and shall not adversely affect the
adjoining neighbors. The maximum height of light poles and other aspects of the lighting
must conform to Sec. 30-94 (Exterior Lighting) of the Zoning Ordinance.
9. The project will require review and approval of a site plan, pursuant to Section 30-90
(Site Development Plans) of the Zoning Ordinance.
10. The applicant shall comply with all local, state, and federal laws.
Attachments
1.
2.
3.
4.
Special Use Permit Application/Concept Plan
Section 30-79 (Permitted Use Table) of the Zoning Ordinance
Article IV, Section 30-87-6 (Shooting Range, Outdoor) of the Zoning Ordinance
Correspondence from VDOT dated September 26, 2011
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