Owner/Applicant:                                             Board of Supervisors’ Meeting Date:

BRS, L.C.                                                                                              July 21, 2003

Staff Lead:                                                                                        Department:

Robert C. Counts                                                                 Community Development

Magisterial District: Lee                                                                         PIN(s):

Service District: Bealeton                                                          6899-47-7006-000

Topic: An Ordinance to Approve RZ03-L-12: An Amendment to Proffered Conditions Previously Approved With Rezoning RZ99-L-04, BRS, L.C., Owner/Applicant    

Topic Description:

The Applicant is seeking to amend a current proffered condition to reduce a right-of-way dedication along Route 28 in order to reflect actual VDOT requirements.

In December 1999, the Board of Supervisors rezoned the subject property to C-2 and PRD, subject to a revised Proffer Statement dated December 6, 1999 . Currently, Proffer Condition VI-D-4 reads as follows: “Right-of-way on Route 28: The Applicant shall dedicate for future improvements to Route 28 right-of-way two hundred feet from the existing right-of-way of Route 28 on the south side of Route 28 along the frontage of the property at the time of first final record plat recordation for any lot bordering Route 28.”

In the processing of the Preliminary Plat for Phase 10 of the Cedar Brooke Development, the Applicant discovered that the original proffered dedication of right-of-way was stated in error, requiring a 200-foot right-of-way from the south boundary of the existing Route 28 right-of-way rather than the more conventional dedication from the existing centerline of the roadway. The result is a dedication of right-of-way far in excess of what is anticipated as necessary for the future widening of Route 28. VDOT concurs with the Applicant’s contention that the current proffer would yield an unnecessary right-of-way width along this section of Route 28.

The Applicant is seeking relief from the current requirement because it has a negative effect on the development of 10 lots approved as part of the Concept Development Plan at the time of the Rezoning. These lots, all part of Phase 10, are now under review in the Preliminary Plat stage of development. They cannot be approved as shown without a change in the proffered condition.

The Applicant is suggesting that, since VDOT has determined it does not need a 200-foot right-of-way along Route 28, the current Proffer Condition VI-D-4 be amended to eliminate the requirement for a 200-foot wide dedication, and substitute the dedication of a right-of-way of varying width that would be coterminous with the line labeled “proposed right-of-way” as shown on the attached Right-Of-Way Exhibit, prepared by Patton, Harris, Rust & Associates, P.C., and dated May 2003.

This request was first considered by the Planning Commission at its meeting on April 24, 2003 . Action was deferred at that time to allow the Applicant time to address concerns about the distance from a possible future roadway to the homes to be built on lots adjacent to Route 28. A total of ten (10) building lots will be affected by changes in the right-of-way and the potential future roadway.

Based on right-of-way requirements obtained from VDOT, and the residential product that will be placed on the affected lots, the Applicant has calculated roadway setback distances for each prospective home. These distances are calculated from the centerline of the nearest lane of a future 4-lane road that may be built in the requested VDOT right-of-way. These setbacks reflect the best available information on the  “worst case” for future homeowners.  In addition, staff has calculated the distance from the planned homes to the centerline of the existing roadway. These distances are shown on the following table. All measurements are in feet.



Distance To

Distance To


Centerline of

Centerline of

Lot #

Existing Roadway

Nearest Future Lane
































Land Area, Location and Zoning:                                                    

As shown on the following map, the property, consisting of ± 20.36 acres is located on Route 28, approximately one-half mile from the intersection of Route 28 and Route 17. It is zoned for Planned Residential Development (PRD).

Neighboring Zoning/Land Use:

The property is bounded on the north and east by properties in the Agricultural zoning district. It is bounded on the south by residentially zoned properties (R-1 and R-4), and on the west by property, owned by the Applicant, that is also in the PRD district. These properties are mostly undeveloped at this time.

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing and consider the recommended Ordinance approving RZ03-L-12.

Staff Analysis:

The requested action does not significantly alter the proffered conditions approved as part of RZ99-L-04. The application focuses on a single issue: adequacy of right-of-way along Route 28. Staff has reviewed the request and finds it consistent with the transportation elements of the Bealeton Service District Plan. VDOT and the County Engineer have provided a technical review of this issue. Their findings, comments, and recommendations are summarized below.      


A technical review of the above referenced request has been performed.  The request proposes to reduce the original required dedication of right-of-way along Route 28 on the frontage of the property from 200 feet to a right-of-way. dedication varying from 40 feet to 90 feet.  There are no technical issues raised with the request based on the information provided in the application. 


The Cedar Brooke original right-of-way dedication was based on a four-lane design plan that VDOT has for this area of Route 28. VDOT has reviewed the proposed change to the right-of-way proffer and has reported that it appears adequate for the requirements of this design. VDOT has also indicated that while the proposed right-of-way appears adequate, the retention of an open space strip between the proposed lots and the proposed right-of-way provides an additional measure of comfort in meeting any unanticipated needs without impacting the homeowners.

Summary and Recommendation:

The proposed proffer amendment does not result in any additional development potential over that already provided in the approved Rezoning, and since the proposed restatement of the right-of-way has been reviewed and accepted by VDOT. The Planning Commission has forwarded a recommendation of approval subject to the Revised Proffer Statement submitted by the Applicant


  1. Right-Of-Way Exhibit
  2. Signed Revised Proffer Statement
  3. Ordinance