Meeting Date:

Brookside Communities, LLC, Brookside Development, LLC, R.G. Holdings, LP and Others

May 20, 2002

Staff Lead:



Frederick P.D. Carr,  Director

Community Development


Topic: Brookside Farm (Waterfield) Proffer Statement Revision, Including Requested Modifications, PR 01-S-02


1.      Background Information.  The Board of Supervisors conducted its March 18th and April 15th public hearings for the requested Brookside Farm Proffer Amendment and Modifications.  The public hearing was left open for May 20th to allow the Applicant to submit final refinements to the Proffer Statement, the Concept Development Plan and associated documents, and to allow public comments on those refinements.  The additional time also allowed the applicant an opportunity to reach agreements with the Vint Hill EDA assuring the completion of the parkway and the WSA regarding the provision of public sewer connections.


2.      Proposed Refinements.  This staff report was completed on May 9th, and the revised and signed Proffer Statement and documents were received on the date of this report. Staff is continuing to review the refinements with the revised concept development plan and associated graphics.  The Concept Development Plan now includes eight map sheets:


·        Sheet 1:        Land Bays (Represents the Land Use Element)

·        Sheet 2:        Open Space, Wetlands and Landscaping

·        Sheet 3:        Utility and BMP Location Plan

·        Sheet 4:         Boundary/Parcel Identification Plan

·        Sheet 5:         Pedestrian Access Plan

·        Sheet 6:         Recreational Trail Plan

·        Sheets 7 & 8: Architectural Renderings 

The Concept Development Plan is not included in this package, due to its volume and complexity.  However, staff will have these graphics available at the Board of Supervisors agenda review and the public hearing for requested review or questions.  The public can review this material and the overall file upon request within the Department. 


The key transportation issues have been resolved from the staff’s perspective. With the revised proffers, the applicant has made a substantial step forward to mitigate the anticipated off-site traffic impacts associated with the development.  The proffers now provide for a monetary contribution of $1,400 for each sewered single-family residential unit at the occupancy permit stage and $0.50 per square foot of commercial space.  This contribution is estimated to be $1,357,800+ over the lifetime of the project.  Those funds would be placed in an established New Baltimore Transportation Escrow Fund.  Table 1 illustrates what the estimated Brookside Community off-site transportation contributions should be through Kellerco and VDOT analyses. 


Transportation Project            Project Cost *     Applicant Share of the Improvement 

·        Route 676/Route 600 Signal           $100,000                                 $50,000

·        Route 676/600 Intersectional

       Improvements (Left/Right Turn)     $600,000                               $300,000

·        Route 793/600 Turn Lanes              $400,000                              $400,000

·        Route 793/600 Signal                      $100,000                                $50,000

·        Route 676/1306 Turn Lanes            $200,000                              $200,000

·        Route 600/215 Turn Lanes              $500,000                                       -0-

·        Route 600/215 Signal                      $100,000                                 $50,000

·        Route 600 Shoulder Improvements $600,000                                $100,000

·        Route 676/605 Turn Lanes              $300,000                               $150,000

·        Route 676/605 Signal                      $100,000                                 $50,000

      TOTALS   $3,000,000                               $1,350,000

*    Based on VDOT costs, and the Kellerco Traffic Impact Analysis.  Includes engineering and general contingencies.  Excludes the cost of easements, right-of-way acquisition, utilities relocation, and environmental mitigation. 

After consultation with the Virginia Department of Transportation (VDOT) and the County's transportation consultant, staff prepared an analysis of the offsite transportation costs for major intersectional or other improvements and assigned a portion of those costs to the Brookside/Brookside Farm development.  Those improvements were the result of the proposed project and were based on the Kellerco's traffic analysis.  Table 1 represents the proposed community’s offsite improvements needed at discrete phases during its development.  The Applicant share is noted in the third column of the referenced table for each specified improvement.  Note that the Vint Hill EDA has proffered contributions for a portion of these improvements and, in other cases, future development will be required to contribute to the needed improvements. 

As proposed, VDOT or the applicant will complete the referenced off-site improvements with the funds from the referenced Escrow Account. 

In addition to the referenced cash contributions for offsite improvements, the Applicant has proffered onsite transportation improvements for the:  (1) Vint Hill Parkway extension from Rt. 676 to the Vint Hill property line, as well as the connection to the Vint Hill traffic circle and Kennedy Road; (2) Street connection and intersectional improvements at Rt. 602-Rogues Road; and (3) Shepherdstown Road connection to the paved section.  

The Applicant will complete the parkway in designated stages for the entire project:  (1) Prior to the 300th occupancy permit: dedicate the right-of-way and complete the 2-lane connection from Riley Road to the border of Brookside Farm; (2) Prior to the 450th occupancy permit: complete the 2-lane section from the Brookside Farm southern boundary to Lake Drive; and (3) Prior to the 600th occupancy permit, construct the 2-lane section from Lake Drive to Kennedy Road.  The new incentive here for completion is that, if the construction does not occur as described for each stage, the County shall withhold occupancy and building permits.  The onsite extension to Rt. 602 and its requisite intersectional improvements have been included in the revised proffers, per VDOT’s recommendation that this connection be made prior to the 300th occupancy permit for the earlier project provision of additional access away from Rt. 676. 

The principal stumbling block of the inability of the Applicant and the Vint Hill Economic Development Authority to conclude a mutually acceptable agreement, which ensures the completion of the Vint Hill Parkway connection in a timely manner, has been removed.    An agreement was reached on May 7th, and the County Attorney will present his comments to the Board of Supervisors regarding its impacts; the County will be a signing party to that agreement.  An agreement has also been reached with the WSA.  The County Attorney is in the process of obtaining a copy for review. 

VDOT and staff prepared five alternatives for Lake Drive for neighborhood review. These options ranged from limiting the number of access points to Lake Drive and removing the direct connection of Lake Drive to the Parkway.  There are three alternatives, which need final review with VDOT and the applicant before a final solution is selected.  That needs to be done prior to applicant submission of construction plans and the associated final plat for County review and action. 

Lake Ann Dam Improvements: 

The Lake Ann dam needs significant repair in order to return water to its historic levels.  No mention has been made in recent reports regarding the timing of these repairs.  It needs to be noted that the applicant has proffered to complete this critical repair prior to the issuance of the first occupancy permit for Brookside Farm (Waterfield). 

Public Pedestrian Trail: 

Public access trails were also an area that required final review and refinement from County staff.  The conclusion has been the design of a 10-foot wide asphalt, public trail system, generally located along the perimeter of Brookside Farm that the applicant will construct, per Department of Parks and Recreation standards, and then be dedicated to the County.  This trail will also provide, for example, public access to Lake Ann.  That graphic has been included as part of the Concept Development Plan, and is referenced as the Recreational Trail Plan for Brookside Farm (Sheet 6 of 8). 

Requested Modifications.  The former Waterfield Rezoning and this application included modifications to certain Zoning Ordinance requirements, which is permissible for lot sizes, setbacks, pipestem lot configurations.  The Brookside Farm application proposed minor changes to the village/alley, community and neighborhood lots dealing with lot size and included pipestem.

Recommended Actions:   Adopt the proposed ordinance for the Proffer Revision (PR 01-S-02) for the Brookside Communities, LLC, and Brookside Development, LLC, including the requested modifications. 

Attachment 1:   Ordinance for Proffer Revision and Modification Adoption

Attachment 2:   Revised Proffer Statement (Revision Date:  May 9, 2002)  Please note that the signed Proffers and all associated attachments, as well as the revised Concept Development Plan (8 map sheets:  Revision Date of May 9, 2002) are available for review in the Department of Community Development.