Board of Supervisors v. Jackson

269 S.E.2d 381, 221 Va. 328, 1980 Va. LEXIS 251
CourtSupreme Court of Virginia
DecidedAugust 28, 1980
DocketRecord No. 781241
StatusPublished
Cited by43 cases

This text of 269 S.E.2d 381 (Board of Supervisors v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Supervisors v. Jackson, 269 S.E.2d 381, 221 Va. 328, 1980 Va. LEXIS 251 (Va. 1980).

Opinion

COMPTON, J.,

delivered the opinion of the Court.

In this zoning controversy, the local governing body refused a property owner’s request to rezone a portion of his land for the purpose of resubdivision. We review the trial court’s action reversing that legislative decision.

In November of 1976, appellee Virgil Jackson filed an application requesting appellant Board of Supervisors of Fairfax County to adopt an amendment to the zoning ordinance rezoning one-half acre of his 1.5-acre parcel from classification RE-1 (one-family residential, minimum lot size one acre) to RE-0.5 (one-family residential, minimum lot size one-half acre). The subject property is located in [330]*330the County’s Sleepy Hollow subdivision, a roughly triangular tract lying to the south of Arlington Boulevard.

After a public hearing in September of 1977, the county planning commission, following the advice of the planning staff, recommended to the Board of Supervisors approval of the application. The Board, after an October 1977 public hearing, denied the application in November of 1977.

This litigation ensued in December of 1977 when Jackson filed a motion for declaratory judgment asking that an order be entered reclassifying the one-half acre lot from RE-1 to RE-0.5 upon the ground that the Board’s- action was arbitrary, unreasonable, discriminatory, confiscatory and capricious and, thus, improper. After an April 1978 hearing on the merits, the court below found in favor of the property owner, and we awarded the Board an appeal from the May 1978 final, order.

Jackson resides on the 1.5-acre parcel of land, rectangular in shape, situated at the northeast corner of the intersection of Beechwood Lane, a generally north-south street, and Holmes Run Road, a generally east-west street. The parcel, purchased by Jackson in 1950, borders Beechwood Lane for nearly 218 feet and Jackson’s dwelling fronts on that street. The parcel abuts Holmes Run Road for a distance of 300 feet. The property is located near the southern tip of the triangular subdivision; is bordered on the north by the 11-lot Chateau Subdivision, zoned RE-0.5; and is surrounded on the other three sides by Sleepy Hollow lots zoned RE-1.

Jackson seeks to rezone only the rear, or easterly, portion of his property in an effort to create a rectangular residential building site fronting 100 feet on Holmes Run Road.

The Sleepy Hollow subdivision, containing approximately 225 lots in four sections, was developed during the period 1938 through 1941. In 1959, the subdivision was zoned RE-1, having carried a different but equivalent classification before 1959, and no major rezoning, subdivision or resubdivision of property has occurred in the immediate area since 1960. Approximately 85 percent of the lots in the subdivision are less than one acre and the remainder are one acre or larger. A substantial majority of the lots, however, are larger than one-half acre. In Section 1, containing the subject property, about ten of the 34 subdivided lots are three-fourths of an acre or less.

During the hearing before the Board of Supervisors, six of Jackson’s neighbors and a representative of the Sleepy Hollow Citizens [331]*331Association testified opposing the rezoning. The opposition voiced concern that the stability of the long-established neighborhood would be adversely affected by the rezoning and that a precedent would be set for further resubdivision of other lots, detrimental to Sleepy Hollow as a whole.

A representative of the county planning staff reported to the Board the planning commission’s position in favor of the application. The staff’s analysis of public facilities showed the rezoning would have no impact on transportation, sewer service, water service, school population, library availability, or fire protection.

At the conclusion of the Board’s consideration of the application, one supervisor noted, “This has been a very difficult case.” He further stated his concern that rezoning the subject one-half acre would cause other property owners in the area “to carve up their large lots in order to sell them off for development.” He said, “Infilling on properties that are available and zoned is one thing; to start carving up an area like Sleepy Hollow which is a long established, stable neighborhood, I think would be a mistake.” The Board, with two abstentions, voted unanimously to deny the application.

During the circuit court trial, the record of the hearings before the Board and the planning commission was received in evidence. In addition, Jackson introduced evidence to show that at least eight building permits for construction of single-family detached dwellings had been issued recently for various lots, less than one acre, in the general area of the subject property. Also, a member of the county planning staff testified that approval of the application would be consistent with the Comprehensive Plan for the area and that he “was aware of no adverse impacts upon the community to be anticipated from the proposed rezoning.” The planner said that the subject property could not be developed unless it is rezoned and that the proposed rezoning would not set a precedent for other rezoning.

Upon cross-examination, the planner testified it was the staff’s “impression” that only five or six other lots in the area could be resubdivided, so the staff did not deem Jackson’s application “a dangerous precedent-setting action.” He admitted the staff did not know and thus did not consider that, as the-Board later proved, 35 to 40 lots in the area could be resubdivided if granted RE-0.5 zoning.

The Board’s evidence showed that the 1959 zoning of Sleepy Hollow reflected the general one-acre lot size in the area at the time even though a number of the lots were smaller than one acre. Also, [332]*332the Board offered expert testimony that approval of Jackson’s application would set a precedent for other rezoning and ultimate resubdivision, and that if resubdivision of the approximately 40 additional lots occurred, “an adverse impact on the stable, established character of the Sleepy Hollow area” would result.

The Fairfax County Director of Land Use Administration testified that the Comprehensive Plan in effect prior to 1975 recognized the established pattern of single-family residential housing in Sleepy Hollow, with large and small tracts within the area remaining vacant. The witness interpreted that plan “to recommend development of similar uses ■ on large, yet undeveloped tracts.” According to the witness, the present Comprehensive Plan, in effect since 1975, recommends development of “one to two units per acre” in Sleepy Hollow, consistent with the existing use of the area. He said that either RE-1 or RE-0.5 zoning would conform to the “one-to-two-units-per-acre designation” but that such description “was in no way meant to stimulate development, to allow unrestrained resubdivision, or to provide an opportunity to fill in every half acre with a residence.” In support of that conclusion, the witness cited the text of the Plan which relates to Sleepy Hollow as follows:

Housing
With very few exceptions, housing in this area is all stable single-family residential, and any additional growth should be infill or of a similar nature.

The term “infill,” according to the Board’s evidence, “does not include resubdivision and development of small, already developed lots such as [involved in the instant] rezoning request.”

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Bluebook (online)
269 S.E.2d 381, 221 Va. 328, 1980 Va. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-jackson-va-1980.