Meeting Date:


Sharon McCamy, Lee District Supervisor


January 21, 2003

Staff Lead:



Frederick P.D. Carr


Community Development

Topic:   Proffer Policy and Rezoning Request 02-L-06, Margaret L. Dyson, Owner/Applicant


At the December 2002 meeting, the Board of Supervisors approved the applicant’s companion and requested Comprehensive Plan Amendment (CPA 02-L-05), which proposed changing the land use designation of this 16-acre parcel in the Village of Morrisville from Village Commercial to Low Density Residential.  However, action on the companion rezoning application change from C-1 to R-1 was postponed until the January regular meeting. 

The applicant had submitted a Proffer Statement offering a cash contribution of $3,500 per dwelling for school capital facilities. The Board of Supervisors Proffer Policy has established the maximum cash proffer it will accept from residential rezoning applicants is $14,730 per unit.  The Board of Supervisors wanted to discuss the adopted Proffer Policy in more detail as it relates to this application.  Project details regarding the rezoning are included under the regular agenda item entitled:  Rezoning Request #RZ02-L-06, Margaret L. Dyson, owner/applicant.

Background Information:

Existing Zoning:

Refer to the attached Zoning Map for the Morrisville and its environs.  The map marks the properties that are currently zoned Rural Residential (RR-2; 1,468.62 acres), Residential (R-1; 838.44 acres), Neighborhood Commercial (C-1; 26.2 acres), Highway Commercial (C-2; 41.15 acres) and Industrial (I-1; 39.30 acres).

Without deleting floodplain acreage, and considering existing homes, soil/drainfield and other associated development constraints, the hypothetical number of homes could total 1,488.  Using the 2000 Census ratio of 2.75 people per unit, that housing total could yield a population of 4,092 people.  To provide some perspective, the Bealeton Service District has over 1,200 acres planned for residential development, while the Morrisville Area has over 2,300 acres zoned for residential uses.  This amount of service district styled residential zoning and acreage is not representative of a rural village area. 

Chapter 7 (Land Use Plan – Villages & Settlements) of the Comprehensive Plan:

The Village of Morrisville , as represented in Chapter 7 of the Comprehensive Plan, is located predominantly southwest of Route 17, and does not include any of the latter referenced RR-2 zoning.  It needs to be noted that this Comprehensive Plan chapter has not been updated since 1987, and the Village of Morrisville plan element reflects a historic density similar to that in Bealeton and Marshall.  The plan promotes a density greater than existing zoning within the Village.  The Planning Commission will be initiating the review and update of this chapter in 2003.  

Residents in this area and other similar locations continue to request that the historic design, character, restricted development scale of these villages and settlements must be preserved.  The update of the referenced chapter becomes more time critical as the County incrementally initiates and completes the requisite historic survey requirements, which will result in the addition of 21 villages and settlements to the National Register of Historic Places and the Virginia Landmarks.

Village Scale & Proffer Policy:

The Dyson property is bordered by Brook Store Drive and Morrisville Road , and it abuts three lots with homes which are also zoned C-1.  Across the street and to the northeast of the applicant’s property is the Morrisville United Methodist Church , a fixture within the community since 1850, although it moved from its historic location, just south of this tract in the 1880’s.  Near the church property is the former site of the Morrisville Teacher Training School , which was one of the first public schools in Virginia to provide a secondary education.

The proposed rezoning from C-1 to R-1 would result in 5 lots, including a 11.62-acre lot, which includes an existing home and farm buildings.  As part of the Proffer Statement, the applicant has proffered to deed restrict the residual 11.62 acres from any further subdivision. The resulting overall project density is one lot per 3-acres.  That subdivision is more in keeping with the existing residential properties in the immediate vicinity, accents the center location of the historic portion of the Village with open space and vistas of the rural community, and is proposed at a density scale far more in keeping with the Village’s historic development. 

The Board of Supervisors adopted its Proffer Policy on October 21, 2002 .  There are times when a residential rezoning application will occur outside the service districts and not fit the normal review parameters.  This application has proposed a downscaling of use more compatible with existing and historic development patterns.  The referenced proffer policy allows the Board of Supervisors to consider other unique aspects of such projects when assessing its capital impacts on schools and other basic facilities.

Paragraph B, Methodology and Policy Terms of the Proffer Policy, provides direction for these situations.  The following item in that section explains some of those circumstances; the underlined portion represents a proposed refinement currently being considered by the Board of Supervisors, which provides further clarification:

4.   Fauquier County will continue to consider any unique circumstances about a proposed development that: (i) mitigate the development’s projected impact on public facilities; and (ii) create a demonstrable reduction in capital facility needs; and (iii) provide for the preservation of Fauquier County ’s historic features and rural viewsheds, including but not limited to, our villages and settlements.  Unique circumstances may include, but not be limited to, participation in regional road projects and , affordable housing projects, or proposals that protect historic or rural landscape elements.