Board of Supervisors Meeting Date:


D.C. Diamond Corporation


March 19, 2004

Staff Lead:



Richard Calderon, Senior Planner

Community Development


Magisterial District:





6889-31-7311-000 (former)

& 6888-39-2530-000

Service District:






A Resolution Denying the Pelham Village Applications: CPA03-L-07 Comprehensive Plan Amendment, RZ03-L-10 Rezoning, and SPEX04-LE-001 Special Exception for a Floodplain Crossing


Topic Update:


On December 15, 2003, this application was forwarded to the Board of Supervisors for public hearing, and was remanded back to the Planning Commission.  At that time, the Lee District Supervisor advised the applicant to reduce the number of lots and the project’s development scale to be consistent with the Bealeton Service District Plan. 


The applicant made no changes to the application from December 15, 2003 to the Planning Commission’s February 19, 2004 meeting.  After reconsideration of the application, the Planning Commission voted unanimously to recommend denial of the Plan Amendment, the Rezoning and the Floodplain Crossing Special Exceptions associated with the proposal.


Topic Description:


The applicant proposes to develop +105 acres of land presently designated for very low intensity and low density residential to medium density residential uses.  The property is located between Remington and Bealeton, and had been planned as a green buffer between the two service districts. 


The applicant seeks a Comprehensive Plan Amendment, a Special Exception to cross a floodplain with a road, and a variety of stormwater management facilities, and a Rezoning from RA (Rural Agricultural) to PRD (Planned Residential District).


More specifically, the applicant proposes to develop about 89 acres, outside of floodplains, with 199 single family lots.  The lots would range from 1/7 – 1/5 acre, 5,400 to 8,500 square feet in size.  Additionally, the applicant proposes to develop two lots, totaling 2 acres, in commercial uses. As proposed, the property would be developed in 5 phases, with no more than 50 lots developed in any one calendar year.


To support this development, the applicant proposes that the County extend public water and sewer service to the west of Craig Run in the Bealeton Service District, and that the County designate this location for higher density housing and retail uses.  If the plan amendment and rezoning were approved, the applicant would proffer:


1.                $783,000 to be allocated for schools and public facilities, and


2.                Donate some 205 acres of land, on the west side of Route 29.



Adjoining Zoning/Land Use:


North: R-2 (Residential)/ South: R-1 (Residential) East: RA (Agricultural)

West: RA (Agricultural)


Requested Action of the Board of Supervisors:


Consider adoption of the attached resolution.


Planning Commission Recommendation:

On February 19, 2004, the Planning Commission reconsidered the unchanged application and concluded that its earlier recommendation of denial remained valid. Accordingly, the Planning Commission voted unanimously to refer the application to the Board of Supervisors with a recommendation of denial on the same, earlier grounds:  that the application was not consistent with the recently adopted Bealeton Service District Plan and had failed to justify why the Plan should be changed; that the proposed density was too high; and that the application generated a variety of unanswered and unresolved transportation and technical issues.



Financial Impact Analysis:




Summary Staff Report:


Since the application has not changed since December 15, 2003, the staff report from that date is attached.  After the Planning Commission February meeting, the applicant submitted a letter to the County (dated February 20, 2004; attached for Board of Supervisors reference) which explains that no project changes can occur. 


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







1.      December 15, 2003 Staff Report to the Board of Supervisors

2.      February 20, 2004 letter by Mr. Karlo Milik, Applicant