PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                                              Board of Supervisors Meeting Date:

Margaret Dyson                                                                                               December 16, 2002

Staff Lead:                                                                                                                 Department:

Elizabeth A. Cook                                                                                    Community Development

Topic:

A RESOLUTION APPROVING COMPREHENSIVE PLAN AMENDMENT #CPA02-L-05 AND AN ORDINANCE TO APPROVE REZONING REQUEST #RZ02-L-06, MARGARET DYSON PROPERTY, PIN 7816-26-1092-000

Proposal:

The applicant is requesting approval of the Comprehensive Plan designation change for this 16-acre parcel in the Village of Morrisville from Village Commercial to Low Density Residential.  As a companion application, the applicant is also seeking concurrent approval to rezone the subject 16.0544 acres from C-1 (Commercial Neighborhood) to R-1 (Residential) for the purpose of creating a 5-lot residential subdivision.  The property 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, which was for 13 residential lots, considered by the Planning Commission.

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 sizes.  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 Proffer Statement.

Proffer Analysis:

The applicant's proposed proffers are providing 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 proffers do 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.

 

Schools

Parks

Libraries

Fire/EMS

Sheriff

Environmental.

Totals

Dyson

$3,500 @ 5 units*

$0**

$0

$0

$0

$0

$17,500

 

Proffer Policy (P.P.)

$11,890 X 5 units

$730 X 5 units

$303 X 5 units

$1,363 X 5 units

$389 X 5

$179 X 5 units

 

 

P. P. Total

$59,450

$3,650

$1,515

$6,815

$1,945

$895

$74,270

 

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:

The currently adopted Comprehensive Plan designates this parcel Village Commercial, as part of the plan for the Village of Morrisville .  The Village chapter of the Comprehensive Plan classifies Morrisville as a Type 1 village, indicating a variety of higher density residential, commercial and employment land use designations.  This classification also was based on a concept that public water and sewer services would, one day, be extended to this village.  To date, there are no plans for these services.

Requested Action of the Board of Supervisors:

Hold the public hearing and consider postponing action on the Comprehensive Plan Amendment and Rezoning applications to allow the applicant time to refine the proposed proffer package.  However, a resolution of approval is provided for the Board of Supervisors' consideration for the Comprehensive Plan Amendment and an ordinance is provided for 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 been meeting with the Lee District Board member to revise the proposed development.

The Planning Commission staff reports are available upon request.

Attachments:

  1. Concept Development Plan
  2. Proffer Statement
  3. County Engineer's Office Comments
  4. Soil Scientist Office Comments