Board of Supervisors Meeting Date:

R. Holder Trumbo, Jr., Scott District Supervisor


March 11, 2010

Staff Lead:


Frederick P.D. Carr, Director


Community Development


A Resolution to Approve a Lake Drive Alternative Pursuant to the Brookside Farm Proffer Statement, Item III. C.2 (Traffic Calming Measures)


Topic Description:


The Board of Supervisors will consider an updated Lake Drive alternative, including its associated street network, serving Brookside Communities and, indirectly, the adjoining neighborhoods of Waters Edge and Lakewood.  This action is consistent with the approved 2002 “Brookside Farm PRD Revised Rezoning Proffers” (Item III. C.2, pages 9-10) and is developer initiated. No public hearing is required, only Board of Supervisors’ consideration of the changes and action by resolution. Approval of the request will supersede the Lake Drive resolution that was approved on December 16, 2002 (refer to Attachment 1).

Background Information:

1.      2002 Board of Supervisors’ Action (Lake Drive Alternatives: Option 1).  The 2002 action prohibited a direct Lake Drive connection to Brookside Parkway. The development’s future Brittle Ridge Road from Shepherdstown Road was the only access point allowed onto the parkway.  As a result, the Brookside Farm neighborhoods adjoining or within the vicinity of Lake Drive had easy access to Riley Road, Shepherdstown Road and Brookside Parkway. The Brookside Farm streets, opposite the Mallard Court and Wintergreen Court intersections with Lake Drive, were also restricted in their length and are precluded from having any bridge crossing access to the south to the balance of that new residential development. (Refer to Attachment 1 for details.)

To alter any aspect of this previous approval requires Board of Supervisors’ approval action by resolution.

2.      Revised Lake Drive and Associated Street Network.

  1. Past Meeting Agenda Status.  At the February 18, 2010 regular meeting, Supervisor Trumbo had action postponed on the proposed resolution due to concerns from the Lake Drive neighborhoods.  At that afternoon’s work session, staff briefed the Board of Supervisors regarding: (1) developer agreed upon revisions to their construction plan (CPRV09-SC-005); and (2) the requested action on the proposed Lake Drive and associated street network resolution.  The staff report and details regarding the Lake Drive Resolution (February 18, 2010) can be viewed at the following location:

In addition, the Brookside developer has agreed to include the following changes to their pending construction plan (CPRV09-SC-005) summarized below (Note: these are graphically illustrated  in Attachment 2): 

1)      Eliminate all notations of commercial on the east side of Brookside Parkway and removal of the three entrances;

2)      Remove all entrance connections from Millside Lane (west side of Brookside Parkway) and the Parkway (between Boathouse Road and Millside Lane);

3)      Remove all entrances, for the Millside Lane/Shepherdstown Road intersection, into the open space and residential area toward Lake Ashby;

4)      Eliminate the entrance from Lake Drive directed toward Lake Ashby (west of the proposed Lake Drive extended/Shepherdstown Road intersection);

5)      Request the Board of Supervisors to consider approving the revised Lake Drive extended network and second connection at the proposed Millside Lane/Brookside Parkway intersection; and

6)      Add a second entrance from Parkside Court (east of the Parkway) to Brookside Parkway or eliminate 6 lots. Zoning Ordinance Section 7-450 states that no dead-end street shall serve more than 20 lots.  Millstone Lane/Parkside Court (this entire link is considered one dead-end street per the Zoning Ordinance) has 26 lots.  Therefore, another connection is needed from Parkside Court to the Brookside Parkway, unless a waiver is obtained from the Board of Supervisors as per Section 7-450. (Note that two connections were approved with the Preliminary Plat in 2002.)  The Developer is considering his options in this matter, and their decision has no affect on the requested Board action summarized in this agenda item.

  1. Revision to Lake Drive and Associated Street Network Resolution.  Supervisor Trumbo and the Brookside developer met with residents in the Lake Drive neighborhoods.  Exhibit 1 (Revised) represents the resulting resolution proposal for Lake Drive and its associated network based on that meeting with neighborhood residents.  The following summarizes key elements:

a)      The Lake Drive extension now will not be allowed to connect to Shepherdstown Road.  It will terminate as a cul-de-sac below its intersection with Dockside Drive. Beyond this point, Lake Drive will not be allowed to extend and connect to Shepherdstown Road.  A possible second cul-de-sac north of its former intersection with Shepherdstown Road could also occur. There also is no prohibition of intervening residential lots being included in the area vacated by this formerly planned road extension (i.e., between cul-de-sacs);

b)      Beyond the point where existing state maintenance currently ends to its intersection with Dockside Drive [noted as (b) on attached Exhibit 1], Lake Drive extended may be designed and constructed.  However, it cannot be opened to public use until a trail has been installed, similar to that shown on the approved Concept Development Plan (CDP), and located in the existing right-of-way or the adjacent required 50-foot buffer along the Applicant’s road frontage on the southwestern side of the state maintained portion of Lake Drive opposite Wintergreen Court.  The exact location may vary during final design and engineering based on right-of-way, topography, existing wetlands and trees, planned streets and similar constraints.

Since this trail is to be located in a phase without complete construction plans (Land Bays J and O on the CDP), the County shall work with the Applicant to expeditiously process submitted final construction plans related to this trail.  Although shown and required as a ten (10) foot wide asphalt trail on the Concept Development Plan, the Applicant may construct and maintain a temporary unpaved rock dust or similar trail of at least five (5) feet in width to meet the conditions of this resolution until the permanent trail is constructed in conjunction with the infrastructure for Land Bays J and O.

The Lake Drive neighborhood lacks sidewalks and such a trail installed earlier would provide residents a safe refuge to walk, ride and jog off Lake Drive and be separated from any pedestrian conflicts with expected increases in resident and construction traffic;

c)      The revised resolution continues to retain provision for the installation of stop signs and posted 25 mile per hour speed limit signs along Lake Drive;

d)     Brookside Parkway remains further to the east to eliminate a bend in the original road configuration;

e)      Shepherdstown Road is extended to the proposed Millside Lane; and

f)       Along with the currently planned Brittle Ridge Road connection with Brookside Parkway, a second parkway connection is added by way of Millside Lane.

From the staff perspective, including the changes to the construction plan listed previously in 2.a.1-6, this revised resolution and the resulting network revision are still consistent with the 2002 approved rezoning, Concept Development Plan (CDP), and associated documents, and do not require any amendment to the approved preliminary plat.  

Due to resolution changes since the Board’s last meeting, staff can no longer state that the revised Lake Drive network currently proposed provides more improved neighborhood connectivity than the original 2002 Option 1.  As revised, Lake Drive will not connect to Shepherdstown Road. However, the network established through the revised resolution is still consistent and compliant with the approved rezoning CDP and Proffer Statement.  

Another issue was that condition requiring construction of Brookside Parkway to Brittle Ridge Road and bonding to the Vint Hill property line had been eliminated from the February 18, 2010 proposed resolution. If completion of the parkway is a high Board of Supervisors priority from Brookside Farm (formerly Waterfield) to Kennedy Road in Vint Hill, then this condition needed to be retained.

The Brookside Farm PRD Revised Rezoning Proffers (III.B.3) states that prior to the issuance of the 450th single-family lot occupancy permit for the Entire Project, the Brookside Farm PRD shall construct in accordance with Virginia Department of Transportation (VDOT) standards the two lane portion of the Brookside Parkway on its PRD-zoned property.  The parkway will extend from the southern edge of its property to a point which will allow access to Lake Drive and Shepherdstown Road extended.

The proposed Millside Lane/Brookside Parkway intersection now can qualify as that location but it falls + 1,500 feet short of the Vint Hill property line.  Whereas, the intersection in the 2002 Option 1 currently named Brittle Ridge Road/Brookside Parkway would have been where that point would be (+ 300 feet from the Vint Hill property line). 

The entire Brookside project has had 309 single-family occupancy permits issued over the past eight years. The approved Proffer Statement allows the developer to wait until 140 more occupancy permits are issued before the threshold of 450 homes is reached for construction completion of this described parkway leg.  Brookside has averaged 39 homes issued occupancy permits on an annual basis over the past eight years.  Based on this growth rate, the worst case scenario results in the parkway only being finished to the Millside Lane location over the next four years, and falling 1,500 feet short of the Vint Hill property line. 

To solve this unintended result, Supervisor Trumbo has added condition 4.d again to the resolution requiring that, prior the issuance of the 450th occupancy permit for the entire project, construction of Brookside Parkway must extend to Brittle Ridge Road, with bonding to the Vint Hill property line to ensure the future road connection.

3.      Status: Brookside Communities, LLC, Appeal of the Director’s Determination:  The Board of Supervisors heard a Brookside Communities, LLC, appeal at its January 14, 2010 regular meeting, which was postponed to the February meeting.  Action on the appeal is now pending the action to be taken on the attached resolution.  The appeal focused on the Director’s determination that the layout of Phases 12, 13 and 15 of the Brookside development contains modifications that, taken collectively, materially alter the character of the proposed development and are not in substantial conformance with the general nature of the approved proffered map amendment.  The entire appeal package is available for review at the following web locations:


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution (including Exhibit 1).


Financial Impact Analysis:

None is required.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Virginia Department of Transportation (VDOT)

Department of Community Development

Existing and Future Residents of New Baltimore



1.      2002 Lake Drive Option 1 (Board Approved)

2.      Construction Plan (CPRV09-SC-005) Refinements



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