Owner/Applicant:                                                      Board of Supervisor Meeting Date:

Helen F. Helm, Owner                                                                          February 18, 2003

Richard M. Barb, LLC, Applicant

Staff Lead:                                                                                            Department:

Elizabeth A. Cook                                                                       Community Development

Magisterial District:                                                                                   PIN:

Lee                                                                                       Portion of 6888-13-8870-000
                                                                                                       & 6888-15-4359-000

Service District:


Topic:   Consider Rezoning Request #RZ02-L-08, Helen F. Helm Property - Ellerslie Farm

Topic Description:

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 proposed development is located immediately north of the Town of Remington between Routes 15/29 (James Madison Highway) and Business Routes 15/29 (James Madison Street) and north of 5th Street.  The site is located within the Remington Service District. 

The proposal would allow the development of approximately 139 acres into 198 single-family residential lots.  These lots would be developed on the north side of Tinpot Run with all of the area to the south remaining as open space as shown on the Concept Development Plan (CDP) included with this report.  Residential access will be from two proposed entrances to James Madison Street (Business Route 15/29).  A more detailed description is provided at the end of this report.


On January 21, 2003 , the Board of Supervisors held a public hearing on the proposed rezoning, and the hearing remains open to allow the applicant to make refinements to the proffered development conditions.  Subsequent to the January meeting, the applicant has refined the Proffer Statement to address the following concerns identified by staff:

  1. The applicant has deleted the proposed credit of $53,110 dollars for the provision of 10 acres of open space in excess of the mandatory 50% open space total for any cluster subdivision. 
  2. Pursuant to the revised Proffer Statement, the applicant is now proffering 28 acres of open space for a future park site to be dedicated to the County.  No credit is requested for this dedication.  Based on the assessed value of the property, staff calculations indicate that this dedication represents an additional $148,708 contribution.  The proffers stipulate that this area will be for public use.
  3. The CDP identifies three access points, which are to be constructed by others, to the proposed park site.  The applicant has indicated that the County should develop the referenced access when the park is developed using funds provided with the proffered contributions.  However, in the interim, the applicant has proffered temporary emergency and maintenance access to the County via an existing farm road that crosses Tinpot Run.  In addition, the applicant has agreed to provide an access easement from the 8-foot paved trail that will connect this development to the trail at the Lees Glen subdivision.

Requested Action of the Board of Supervisors:

Hold a public hearing and consider adoption of the attached Ordinance.

Planning Commission Recommendation:

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

Proffer Analysis:

The applicant has worked with the Lee District Supervisor, the Planning Commission, and staff, and has continued to make refinements to the development.  Staff would like to commend the applicant for his efforts.  There are only two minor issues remaining related to the Proffer Statement:

  1. 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 local contributions 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) an Environmental Fund for the Remington Area.
  2. 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. 

Upon review of the proffer package in its entirety, the Board of Supervisors may believe the applicant has adequately offset the development impacts to a degree that these items do not need to be addressed.  Particularly, as the fire and rescue and environmental contributions are being fully funded, but allocated to the Remington area.

Again, 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.  The table has been revised to reflect a monetary value for the proposed park dedication. 












$11,890 per unit @ 115th unit

$730 per unit @ 115th unit plus 28 acres @ $5,311 per ac

$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 value for 28-acre park dedication.

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

Development Features:

The proposed development will consist of the following components:

  • A maximum of 198 single-family lots;
  • 10,000 square foot minimum lot size;
  • 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;
  • The Concept Development Plan (CDP) indicates the required 150-foot setback of residential units from Route 15/29;
  • 300-foot Proposed Wetlands Stream Bank Mitigation Area and Easement is indicated on the CDP;
  • A 28-acre future park site south of the 300-foot Mitigation Area along Tinpot Run, which has three access points shown on the CDP from 5th Street that appear to be undeveloped right-of-way;
  • 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 process, the location of these facilities will be assessed and the requisite engineering details will be provided for approval;
  • 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 will be presented to VDOT at the beginning of the 5th Phase of development.  That contribution is reserved for either the future traffic signal, or any other intersection improvement located at the proposed intersection of Milic Boulevard and Relocated Business Route 29/15. 


  1. CDP
  2. Revised Proffer Statement

NOTE:  Signed Proffer Statement is available upon request for review within the Department of Community Development.