Board of Supervisor Meeting Date:
Helen F. Helm, owner
Richard M. Barb, LLC, applicant
Elizabeth A. Cook Community Development
Magisterial District: Lee
Portion of 6888-13-8870-000
Service District: Remington
Rezoning Request #RZ02-L-08, Helen F. Helm Property -
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 Routes 15/29.
Property on the west side of Route 15/29 is not subject to this
rezoning request. The proposed
development is located in the Remington Service District north of the Town
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
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.
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 calculates that
this dedication represents an additional $148,708 contribution.
The proffers stipulate that this area will be for public use and
the future park named "
3. The CDP shows three access points to the proposed park site, which are to be constructed by others. The applicant has indicated that the County should develop the access to this future park area 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.
The Board did not act on the proposed rezoning to allow additional time for citizen comment.
Requested Action of the Board of Supervisors:
Consider adoption of the attached Ordinance.
Planning Commission Recommendation:
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 is only one minor issue 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 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.
2. 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, 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
Represents proffered value for 28-acre park dedication.
Does not include transportation improvements, which are based on
site-specific transportation studies.
The proposed development will consist of the following components:
1) A maximum of 198 single-family lots;
2) 10,000 square foot minimum lot size;
3) Development in six phases:
a) 40 lots recorded per year for years one and two; and
b) 30 lots per year for years three through six;
4) The applicant is proffering a series of recreational improvements, including the following:
a) Phase 1 – One active recreational play structure (tot lot);
b) Phase 2 – One passive recreational gazebo;
Phase 3 – An 8-foot paved asphalt trail from end of
cul-de-sac to existing
d) Phase 4 – One active recreational play structure (tot lot); and
e) Phase 5 – One passive recreational gazebo;
5) 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
7) CDP indicates the required 150-foot setback of residential units from Route 15/29;
8) 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
Proposed stormwater management facilities are shown on the
CDP. These proposed locations
have not been reviewed by the
11) 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