AGENDA REQUEST

Owner/Applicant:                                                                Board of Supervisors Meeting Date:

Margaret Dyson                                                                                                      January 21, 2003

Staff Lead:                                                                                                                   Department:

Elizabeth A. Cook                                                                                      Community Development

Magisterial District:                                                                                                                   PIN

Lee                                                                                                                       7816-26-1092-000

Topic:  An Ordinance to Approve Rezoning Request #RS02-L-06 Margaret Dyson Property

Proposal:

The applicant is requesting approval to rezone the subject 16.0544 acres from C-1 (Commercial Neighborhood) to R-1 (Residential) for the purpose of creating a five-lot residential subdivision.  The property is located in the Village of Morrisville and has frontage on Morrisville Road (Route 835), Courtney's Corner Road (Route 634) and Brooks Store Road (Route 632).  The current design, submitted on December 3, 2002 , reflects a drastic reduction from the request considered by the Planning Commission, which was for 13 residential lots.

The Concept Development Plan (CDP) indicates that four (4) of the proposed lots will access Brooks Store Road with two shared driveways.  These lots are all approximately one (1) acre in size.  Access to the ±11.62-acre residue parcel is shown from Morrisville Road .  There is an existing dwelling on the residue parcel.  A separate stormwater management/BMP lot will be required during the subdivision process, which is not shown on the CDP but addressed in the applicant's Proffer Statement.

Update:

On December 16, 2002 , the Board of Supervisors held a public hearing and approved the applicant's proposal of a Comprehensive Plan designation change for this parcel from Village Commercial to Low Density Residential.  The Board held a concurrent public hearing on the applicant's companion Rezoning request; however, action was postponed on the Rezoning until the Board's regular January meeting.

The applicant has not submitted any revised information since the December Board meeting.  However, the Board has scheduled a work session to discuss the recently adopted Proffer Policy in relation to this application.  Background details for that scheduled work session are included under the work session agenda item entitled:  Proffer Policy and Rezoning Request #RZ02-L-06, Margaret L. Dyson, owner/applicant.

Proffer Analysis:

The applicant's proposed proffers provide for a cash contribution of $3,500 per dwelling unit for which a certificate of occupancy can be obtained.  However, the proffer further states that the contribution will be made at the issuance of a zoning permit for each dwelling.  The proffer should be revised to delete the conflicting reference to an occupancy permit and a zoning permit.  Please note that the existing home, if it is to remain on the residue lot, will not require a proffer contribution.

The applicant's proposed proffers provide for a deed restriction from further subdivision on the 11.62-acre residue parcel.

For comparison purposes, the table below reflects the applicant's proffers, compared to the County's Proffer Policy, adopted by the Board of Supervisors on October 21, 2002 .  The Board may consider the applicant's willingness to limit the number of lots to five (5), and the provision of one (1) larger lot that may not be further divided as an adequate offset from the fiscal impacts of the proposed development.

Transportation:

The applicant's CDP and proffers provide for two (2) common entrances on Brooks Store Road for the four (4) lots.  The applicant has not proffered any road improvements, but will have to meet the Virginia Department of Transportation (VDOT) and County requirements for any right-of-way dedications and road and entrance improvements.  The impact of four additional residential dwellings with shared entrances will be minor.

Comprehensive Plan:

In December 2002, the Board of Supervisors amended the Comprehensive Plan to designate this parcel from Village Commercial to Low Density Residential.

Requested Action of the Board of Supervisors:

Consider the attached ordinance to approve the Rezoning request.

Planning Commission Action:

The Planning Commission held a public hearing on this case on April 25, 2002 , where staff and referral agencies identified several issues.  At that time, the proposal was for 13 residential lots.  Those issues included transportation concerns, public water requirements, and soil suitability for drainfields.  After several months of inactivity by the applicant, the Planning Commission voted to recommend that the Comprehensive Plan Amendment and Rezoning be denied on August 29, 2002 .  Subsequent to that meeting, the applicant has met with the Lee District Supervisor and revised the proposed development.

The Planning Commission staff reports are available upon request.