Owner/Applicant:                                                                  Board of Supervisor Meeting Date:

Helen F. Helm, owner                                                                                              January 21, 2003

Richard M. Barb, LLC, applicant

Staff Lead:                                                                                                                   Department:

Elizabeth A. Cook                                                                                      Community Development

Magisterial District:

Lee                                                                                                      Portion of 6888-13-8870-000

 & 6888-15-4359-000

Service District:


Topic:   An Ordinance to Approve Rezoning Request #RS02-L-08 Helen F. Helm Property Ellerslie Farm


The applicant requests a rezoning from R-1 (Residential-1) and C-2 (Commercial-Highway) to R-2 (Residential-2) cluster.  A very small portion of the property is zoned C-2.  The 139.4 acres subject to this request are portions of two (2) larger parcels, which are split by Route 15/29.  Property on the west side of Route 15/29 is not subject to this Rezoning request.

The proposal would allow the development of approximately 139 acres, which includes substantial floodplain acreage of Tinpot Run, as well as a VEPCO power line easement, dividing the property.  The subject property is located north of the Town of Remington between Routes 15/29 ( James Madison Highway ) and Business Routes 15/29 ( James Madison Street ), north of 5th Street , in the Remington Service District. 

As currently proposed, the applicant would develop single-family lots on the north side of Tinpot Run.  These lots would be a minimum size of 10,000 square feet.  The Concept Development Plan (CDP) indicates that alleys would provide rear access to more than fifty percent (50%) of the proposed lots.  Access will be from two proposed entrances to James Madison Street ( Business Route 15/29).

The proposed development will consist of the following components:

  • A maximum of 198 lots;
  • Development in six phases:
    • 40 lots recorded per year for years one and two; and
    • 30 lots per year for years three through six;
  • The applicant is proffering a series of recreational improvements, including the following:
    • Phase 1 One active recreational play structure (tot lot);
    • Phase 2 One passive recreational gazebo;

o       Phase 3 An 8-foot paved asphalt trail from end of cul-de-sac to existing Lees Glen Trail ;

    • Phase 4 One active recreational play structure (tot lot); and
    • Phase 5 One passive recreational gazebo;
  • Proffer Statement stipulates the full cash contribution per County Proffer Policy for all homes at the 115th unit;
  • A minimum 50-foot buffer between the proposed lots of the project property and the property lines of the off-site adjacent properties and rights-of-way of Business Route 15/29 and Route 15/29;
  • CDP indicates the required 150-foot setback of residential units from Route 15/29;
  • Common open space of 28 acres is provided from the southern most property boundary to the portion of the property immediately adjacent to the north side of Tinpot Run;
  • Access is shown to the common open space area south of Tinpot Run from three access points, to be constructed by others.  It is not clear what use is to be made of this 28 acres open space area or whom the "others" are who may provide access to this area;
  • Proposed stormwater management facilities are shown on the CDP.  These proposed locations have not been reviewed by the County Engineers ' office.  However, during the Preliminary Plat review the location of these facilities will and the requisite engineering details will need to be further refined;
  • 300-foot Proposed Wetlands Stream Bank Mitigation Area and Easement is indicated on the CDP;
  • Design and construction of travel lane tapers and right turn lanes for both development entrances are offered at the first building permit for any phase of development that includes a residential lot that abuts either proposed entrance.  Final surface pavement will not be required at this time, but all other entrance improvements are required; and
  • A cash contribution of $15,000 to VDOT towards the future traffic signal, or any other intersection improvement located at the proposed intersection of Milic Boulevard and Relocated Business Route 29/15, at the beginning of the 5th Phase of development. 

Proffer Analysis:

The applicant has worked with the Lee District Supervisor, the Planning Commission, and staff to address issues, and staff would like to commend the applicant for his efforts.  However, there are some additional refinements that should be addressed.  Some of these refinements are simply to address the County Proffer Policy format.  These outstanding items are noted below:

  • The applicant is proposing a reduction of $53,110 from his proffered cash contribution for public facilities.  That $53,100 value is based on the net assessed value of the entire parcel. 

As presented by the applicant, this proposed reduction is based on the provision of 10 acres in excess of the mandatory 50% open space total for any cluster subdivision.  In this case, the mandatory acreage total would be 69.75 acres, while the applicant is providing 79.5 acres.  The total open space includes 20 acres of floodplain and 5 acres encumbered by a VEPCO overhead power easement.

Pursuant to the Proffer Policy for open space, credits may be given for land conveyed for County facilities, which are deeded to the County or its designee.  The 50% open space required for cluster subdivisions is a minimum standard, and the Department recommends that proffer credits should not be given for open space provided beyond the minimum required.

  • The applicant has not proposed an open space dedication with the current Proffer Statement.  However, the applicant has indicated his intention to dedicate the 28 acres open space area south of Tinpot Run to some entity, possibly the Town of Remington or the County.  Staff recommends this dedication be to the Board of Supervisors, if any credit is to be considered. 
  • The three separate access points are shown to access the 28 acres open space area south of Tinpot Run.  The applicant needs to confirm whether these are public access points and what rights the applicant has to construct a trail at these locations.  Staff recommends that paved trails be constructed by the applicant rather than "by others" to access this open space area.  It is still not clear what use is to be made of the 28 acres of open space.  At a minimum, the applicant should construct at least one paved trail access to this open space area.  If the applicant does not intend to dedicate this open space area to the County, then some type of recreation/open space use needs to be described and included as part of the Concept Development Plan and Proffer Statement.
  • Two categories of cash proffers are directly tied to the Remington area rather than Countywide as provided for in the Proffer Policy.  These are the contribution for: (1) the fire and rescue proffer that stipulates contributing to a fund that directly benefits the Remington Volunteer Fire Department and Rescue Squad, and (2) the contribution for an Environmental Fund for the Remington Area.
  • The Proffer Policy provides for an appropriate index, such as the Consumer Price Index, to provide an adjustment for inflation.  The applicant has not addressed inflation in the Proffer Statement. 

Generally, the applicant has indicated a willingness to address these few remaining refinements.  However, as of the date of this report, a revised Proffer Statement has not been received as anticipated from the Planning Commission action.  As a result, staff recommends that the Board postpone action on the request and leave the public hearing open to allow the applicant time to address these needed refinements.

For the Board's information, staff has included a comparison of the applicant's proposed proffers to the County's adopted Proffer Policy in the table below.












$11,890 per unit @ 115th unit

$730 per unit @ 115th unit

$303 per unit @ 115th unit

$1,363 per unit @ 115th unit

$389 per unit @ 115th unit

Lane & taper entrance improvements & $15,000 for intersection

$179 per unit @ 115th unit



Proffer Policy

$11,890 @ 115th unit

$730 @ 115th unit

$303 @ 115th unit

$1,363 @ 115th unit

$389 @ 115th unit

To be based on TIA

$179 @ 115th unit



Barb Total











Proffer Policy Total






Varies based on TIA




*    Represents proffered reduction for 10 acres of open space beyond required minimum 50% for cluster developments.

**   Does not include transportation improvements, which are based on site-specific transportation studies.

Requested Action of the Board of Supervisors:

Hold a public hearing.  If the Board of Supervisors has concerns regarding the Proffer Statement as outlined in this report, then staff recommends action be postponed and the public hearing left open.  That action allows the applicant time to address the remaining issues and submit any Proffer Statement revisions.

An ordinance to rezone the property is attached for the Board of Supervisors consideration.

Planning Commission Recommendation:

On December 19, 2002 , the Planning Commission voted to recommend approval of the Rezoning request with the refinements recommended by staff.


  1. Revised CDP
  2. Proffer Statement
  3. Ordinance