Hill v. Hanover County Board of Supervisors

56 Va. Cir. 553
CourtHanover County Circuit Court
DecidedMarch 15, 2000
DocketCase No. (Chancery) 542-98
StatusPublished

This text of 56 Va. Cir. 553 (Hill v. Hanover County Board of Supervisors) is published on Counsel Stack Legal Research, covering Hanover County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Hanover County Board of Supervisors, 56 Va. Cir. 553 (Va. Super. Ct. 2000).

Opinion

BY JUDGE JOHN RICHARD ALDERMAN

Findings of Fact

The Court finds the following facts proved.

The property at issue is owned by Plaintiffs and consists of 127.8+/- acres. It is located on the north side of Rural Point Road (State Route 643), approximately 2300 feet north of its intersection with Studley Road (State Route 606); the property is assigned GPINs 8717-82-7439, 8717-91-5975, and 8727-02-0343.

Plaintiffs acquired the property in three transactions in 1980, 1981, and 1982; the total purchase price was $226,000.00. The property is currently assessed by Hanover County at $396,000. Since the property was acquired, it has been taxed as agricultural at a reduced valuation. Plaintiffs lease part of the property for farming with the remainder held in a forestal use. Plaintiffs purchased the property for investment purposes.

In 1987, Plaintiffs applied to rezone the property from its then and now zoning of A-l (Agricultural District) to AR-1 (Agricultural-Residential District). This application was denied by the Defendant Board in 1988. [554]*554Though not addressed by the parties, the Court assumes, for purposes of argument, that the 1987 rezoning proposal was similar to the 1998 application.

In 1998, Plaintiffs again applied for rezoning to AR-1, submitting a plan allowing construction of ninety-four single-family dwellings. Since the application implicated unplanned capital expenditures for the County, it was required that “proffers” of money accompany the application in accordance with Defendant’s policies.

The County Planning Commission voted against this rezoning application in October 1998, and the Defendant Board followed suit in November 1998. Materials prepared for each consideration are contained in the materials submitted and stipulated by the parties.

Plaintiffs contend, and the testimony at trial demonstrates, that the “highest and best use of the property” is as single family dwellings, as proposed by Plaintiffs.

The subject property seems fit to support septic tank sewage disposal, though the ability of the land to support such will degrade over time. Plaintiffs have not demonstrated a benign effect of incidental surface pollution associated with roads and lawns in the proposed subdivision.

Plaintiff’s proposal contemplated a “master well” to serve the proposed subdivision, but the effect of such a well on surrounding properties was not known.

The proposed subdivision abuts the proposed Crump Creek Reservoir. Moreover, Plaintiffs’ property lies within the Crump Creek Reservoir Overlay Protection District, as established by the County in 1989. While the County has no current plan to develop this water storage facility, and cooperation of the Corps of Engineers is problematical, it remains a part of the County’s contingent planning for a safe water provision to Hanover citizens in the future. The proposed subdivision would have a detrimental effect on such a reservoir. In addition, Rural Point Road is the boundary between two watersheds, i.e., the Crump Creek watershed to the north and the Chickahominy River to the south.

Conclusions of Law

Va. Code § 15.2-2200 expresses a number of principles that guide the development of Hanover County among Virginia’s jurisdictions. Among several competing considerations are: “that agricultural and forestal land be preserved,” and “that residential areas be provided with healthy surroundings for family life.” Most important is “that the growth of the community be consonant with the efficient and economical use of public funds.”

[555]*555Va. Code § 15.2-2223 requires the County to have adopted a comprehensive plan for the physical development of the land. The plan may, and Hanover County’s does, provide for “the designation of areas for various types of public and private development and use, such as different kinds of residential, business, industrial, agricultural, mineral resources, conservation, recreation, public service, flood plain and drainage, and other areas.” The comprehensive plan may also, and Hanover County’s does, provide for the “designation of historical areas” and the “designation of areas for the implementation of measures to promote the construction and maintenance of affordable housing, sufficient to meet the current and future needs of residents of all levels of income in the locality.. . .”

. Va. Code § 15.2-2232 provides that a comprehensive plan “shall control the general or approximate location, character, and extent of each feature shown on the plan.”

Thereafter, unless a feature is already shown on the adopted master plan or part thereof or is deemed so under Subsection D, no street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than railroad facility, whether publicly or privately owned, shall be constructed, established, or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commissioner....

The Court observes that Plaintiffs’ plan for development requires both the creation of streets connecting to existing streets and of a public utility fixture (i.e., the common well intended to serve the proposed subdivision). The Court further finds that Hanover County and Plaintiffs utilized the procedural guidelines required by Va. Code § 15.2-2232, resulting in the vote by the Defendant Board of Supervisors to deny Plaintiffs’ proposal for development. Hanover County’s subdivision ordinances, moreover, as conceded by Plaintiffs, comport to the requirements ofVa. Code § 15.2-2241.

As Plaintiffs concede, Hanover County also has valid zoning ordinances which “regulate, restrict, permit, prohibit, and determine the following: (1) The use of land, buildings, structures, and other premises for agricultural, business, industrial, residential, flood plain, and other specific uses....” Va. Code § 15.2-2280.

As Plaintiffs concede, Hanover County’s Comprehensive Plan and zoning ordinance adopted implementing the plan provide for development of [556]*556residential areas like that proposed by Plaintiffs within described areas. Plaintiffs’ land lies outside those areas. Plaintiffs’ argument proceeds on the premise that the plan and zoning ordinances are arbitrary and capricious in their application to Plaintiffs property.

Summary

Plaintiffs primarily rely on Board of Supervisors of Fairfax County v. Carper, 200 Va. 653, 107 S.E.2d 390 (1959), to support their position that the application of the Comprehensive Plan and zoning ordinances as applied to their property is arbitrary and capricious. The court in Carper held invalid an amendment to the Fairfax County zoning ordinance that zoned the western two-thirds of the county for one agricultural district, allowing for a minimum of two-acre sized lots. The court further found that the purpose of the amended zoning law was to prevent residential development in only the western area of the county and to channel growth into the eastern area, which would be more economical for the government. The cumulative effect of such proposal would be to force low-income families into the more densely developed eastern one-third of the county. Carper

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Bluebook (online)
56 Va. Cir. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-hanover-county-board-of-supervisors-vacchanover-2000.