Owner/Applicant:                                             Board of Supervisors Meeting Date:


Leocade Leighton                                                                                 January 20, 2004


Staff Lead:                                                                                               Department:


Elizabeth A. Cook, Chief of Planning                                         Community Development


Magisterial District: Scott                                                                                PIN(s):


Service District: New Baltimore                                                     7905-86-6547-000


Topic: An Ordinance to Approve REZN04-SC-003: the Rezoning of Approximately One Acre From R-2 To R-1; Leocade Leighton, Owner and Applicant


Topic Description:


On July 21, 2003, the Board of Supervisors approved a request to rezone this 1.0-acre parcel from Residential-1 (R-1) to Residential (R-2) to allow the applicant to legally establish what for years has been perceived as an existing and developed lot.  The Final Plat has been recorded by the applicant, and pursuant to the Proffer Statement, the applicant has filed a rezoning request to down zone the parcel back to R-1. 


The subject property has a lengthy legal history, beginning with its origin as one of four parcels created in the 1968 subdivision of Broken Hills Section 5.  The abridged version of this story focuses on the improper creation of an unusable remnant lot at the time of subdivision.  The existence of this improper remnant prompted a finding by the County Attorney that Broken Hills Section 5 is not a legally platted subdivision.


This proposed down zoning is the final step to formalize the applicant's lot.  To facilitate the down zoning, the Board of Supervisors has waived the application fee for this rezoning request.


Action Requested of the Board of Supervisors:


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


Action of the Planning Commission:


On December 18, 2003, the Planning Commission held a public hearing and has forwarded a recommendation of approval to the Board of Supervisors on REZN04-SC-003.


Land Area, Location, Zoning, and Neighboring Land Use:


As shown on the map below, the property is located on the northwest side of Riley Road (Route 676).  It consists of a one-acre parcel currently zoned R-2.  The property is surrounded by other properties in the R-1 zoning district and the immediately adjoining two acres, which the Board has similarly zoned R-2.  These properties are all developed in similar residential uses.


Location Map


Staff Analysis:


Staff has reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Staff has reviewed the Applicant’s Statement of Justification and other documents on file.  In addition, Staff has also discussed these documents and related issues with the County Attorney.  Based on this review, staff concludes that the proposed action is essentially the final step in the process for a technical correction of a long-standing problem; it will change neither the existing use nor the property’s subdivision potential.  There are no other significant staff findings.


Summary and Recommendation:


Pursuant to the proffered conditions of the rezoning approved in July 2003, the proposed action changes the zoning classification of the subject parcel back to its R-1 classification.  Accordingly, staff recommends approval of REZN04-SC-003.




  1. Applicant’s Statement of Justification
  2. Rezoning Exhibit