Owner/Applicants:                                                  Board of Supervisors Meeting Date:


Richard M. Barb, LLC                                                                            December 15, 2003


Staff Lead:                                                                                                     Department:


Elizabeth A. Cook, Chief of Planning                                   Community Development


Magisterial District:  Lee                                                                                             PIN:


Service District:  Bealeton                                     6888-13-8870-000 (a portion of)

                                                                                           6888-15-4359-000 (a portion of)


Topic:  An Ordinance to Approve Rezoning REZN04-LE-002, Ellerslie Farm


Topic Description:


On March 17, 2003, the Board of Supervisors approved the Rezoning of ±139.5 acres for a maximum of 198 single-family detached lots to be developed as a R-2 Cluster with a minimum lot size of 10,000 square feet.  The applicant has now proposed a Preliminary Plat to subdivide the property, which requires revisions to the Concept Development Plan (CDP) and amendments to the Proffer Statement to reflect the revised CDP.  This revised CDP is predicated upon the proposed Preliminary Plat not being in conformance with the approved CDP.  The Preliminary Plat reflects the most current FEMA 100-Year Floodplain, which was not used for the approved and original rezoning request.  The floodplain limit difference between the original Rezoning and the Preliminary Plat applications is an increase in the floodplain area of approximately 10 acres.  Rather than scale back the development, the applicant is seeking the amendment to allow the full 198 lots approved with the March 2003 Rezoning.  Attachment 1 is the approved CDP and Attachment 2 is the revised CDP.  Attachment 3 is the updated Proffer Statement.


Requested Action of the Board of Supervisors:


Hold a public hearing and consider adoption of the attached Ordinance.


Planning Commission Action:


On September 25, October 30, and November 20, 2003, the Planning Commission held public hearings on the Rezoning application, and, on November 20, 2003, recommended approval of the revised Concept Development Plan and Proffer Statement amendments. 




The property is on the southeast side of James Madison Highway (Route 15/29) south of its intersection with James Madison Street, north of the Town of Remington, in the Lee Magisterial District.  The subject property is zoned Residential-2 (R-2).    


Adjacent Zoning/Land Use:


NORTH:  RA (Agriculture) and C-2 (Commercial); SOUTH:  R-2 (Residential) w/ conditions; EAST:  R-1 (Residential) and R-2 (Residential) w/ conditions; and WEST:  RA (Agriculture)


Staff Analysis:




The approved Rezoning of the ±139.5 acres is for a maximum of 198 single-family detached lots to be developed as a R-2 Cluster subdivision.  The Concept Development Plan (CDP) approved with the Rezoning provided for:


·        a park dedication of ±28 acres on the south side of Tinpot Run;

·        a mix of front-loaded and rear-loaded garages to be accessed by a series of alleys;

·        open space interspersed throughout the development; and

·        a sheltered recreation area accessible via the alleys or from adjoining residential lots. 


The applicant has worked with staff and the Planning Commission to retain as many of the original elements of the development as practical, while retaining the 198 lots.  Following are the items that have been modified from the approved CDP:


1.      Alleys – The revised CDP now indicates alleys in four, rather than five blocks as shown on the approved CDP.  With the revised plan, 79 lots have rear-loading garages, and the remaining 119 lots have front-loading garages.  The original approval was for 100 rear-loaded lots with 98 front-loaded.  Staff suggests that the applicant look closely at the design of both the houses with front loading garages and fencing along the alleyways.  With the revised plan, a minimum of 3 lots on each street will have front-loading garages so that the streets will be eligible for acceptance into the State System of Highways. 


2.      Open Space – The approved CDP clearly illustrates scattered open space areas throughout the development that are easily accessed by the subdivision residents, as well as, the larger community park site that is across Tinpot Run from the developed area of the project.  As revised, the CDP has reduced some of these areas and modified others.  The revised CDP reflects two (2) open space areas internal to the development with tot lots and gazebos.  One of these areas has access only from the adjacent residential lots or paved trails.  Staff believes this is a good concept, but the applicant needs to carefully limit the type and height of any residential fences in this area.  This environment should remain somewhat open, so parents of small children will feel secure in the use of the tot lot provided for this space.  Staff would like to suggest that the homeowners association documents limit the height and the style of any fences located adjacent to this open space area, and all the small open space areas throughout the development that are adjacent to residential lots.  Fences with a maximum height of four feet and picket or other open style are possible suggestions to address these concerns.

At the request of staff, the applicant has clearly described the tot lot design as follows:


a.       Tot lots shall be designed for children, ages one through six.

b.      Equipment with broad metal surfaces, such as slides, shall be oriented to the north to avoid direct sun.

c.       Equipment designed to accommodate the handicapped shall be considered.

d.      Equipment to be used:

                                                                           i.      One (1) slide (platform height, maximum five (5) feet).

                                                                         ii.      One (1) tot swing (rubber tot seat, or rubber strap seat).

                                                                        iii.      One (1) play structure (platform height, maximum 48 inches).

                                                                       iv.      One (1) climber (maximum height, five (5) feet).

                                                                         v.      Two (2) benches.

e.       Minimum tot lot area = 1,500 square feet.

f.        Tot lot surface to be minimum 8 inches wood chips or pea gravel.


The gazebos are to be a minimum area of 150 to 200 square feet.  Parks and Recreation has not reviewed these proposed design features; however, staff believes the applicant has made a good effort to clarify their concept of a tot lot.  During the Final Construction Plan review the applicant will be required to provide the final design, which will be reviewed by Parks and Recreation and bonded for construction.  Staff highly recommends that the tot lots meet the Americans with Disabilities Act (ADA) regulations.


The CDP identifies an area as "Active Recreation (Outdoor Games, Fishing, Boating, Etc.), i.e. touch football, volleyball, badminton, etc."  A six-foot trail has been provided to permit access to this area.  Based on the applicant's description, at a minimum, a graded multipurpose field will be required.


Some of the access points to open space areas have either been deleted or removed with the revised CDP.  One 50-foot access is provided at the terminus of the primary development entrance road.  Two narrower access points are provided; both of these are located at the terminus of other subdivision streets.  In addition, one of these areas now serves as the location of the trail that connects this development to the Lees Glen trail.  While staff would have preferred that all of the original access points remain, this represents a feasible alternative.


3.      Business Route 29 – The original CDP did not indicate any widening of Business Route 29.  The revised CDP now reflects a compromise between the applicant, the County, and VDOT with a right-of-way width of 45 feet from the centerline as a dedication.  This dedication results in a 95-foot buffer between the lots and Business Route 29, rather than 100 feet as shown on the original CDP.  Staff believes this is a reasonable compromise, and still results in a good separation between the roadway and the subdivision lots. 


4.      150-Foot Setback – The applicant has proffered a 150-foot building setback from Route 15/29, which is now labeled on the revised CDP.


5.      Wetlands Mitigation – Based on the County Engineer's Office concerns regarding the proposed wetlands mitigation area, the applicant has clarified the proffer language and the CDP.  The mitigation area would be between the floodway and the floodplain limits. 


6.      Timing of Second Access – The Engineering Office recommends that the second access point for the subdivision be brought online prior to the construction of 100 lots as is currently proffered.  This item may be addressed during the Preliminary Plat review.


7.      Trail Connection – The applicant has modified the trail location, which connects to the existing Lee's Glen trail, so that it crosses the VEPCO easement and continues through Lee's Glen homeowners’ association property.


Summary and Recommendation:


Hold a public hearing and consider adoption of the attached Ordinance.




1.      Approved Concept Development Plan

2.      Revised Concept Development Plan

3.      Amended Proffer Statement