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Present:  All the Justices

JAMES E. GREGORY, SR., ET AL.

v.  Record No. 981184   OPINION BY JUSTICE BARBARA MILANO KEENAN
   April 16, 1999
THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY


FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY
William R. Shelton, Judge


In this appeal, we consider whether the trial court erred in upholding a decision by the Board of Supervisors of Chesterfield County (the Board) denying an application for rezoning that included proffers of monetary conditions substantially lower in amount than those recommended by the County.
James E. Gregory, Sr., and Mary C. Gregory own a 30-acre parcel of land with frontage on Newbys Bridge Road in Chesterfield County (the property).  The Gregorys have lived on the property since purchasing it in 1955.  In March 1994, the Gregorys entered into a contract to sell the property to Oscar H. Harriss.
Harriss filed an application with Chesterfield County (the County) in March 1994, requesting that the zoning classification of the property be changed from "Agricultural A" to "Single-Family Residential R-9."  Harriss later amended the application to request that the property be rezoned to "Single-Family Residential R-12" (the final application).  In the final application, Harriss proposed a residential subdivision of 81 lots, with a density of about 2.7 dwelling units per acre.
In his original application to rezone the property to an R-9 designation, which would have permitted a maximum of 95 lots, Harriss proffered cash payments to the County in the amount of $5,043 per lot for "infrastructure improvements."  In the final application, Harriss proffered cash payments of $1,500 per lot.  In both applications, Harriss made additional proffers, which included the dedication of an easement to permit the widening of Newbys Bridge Road and the construction of off-site improvements designed to minimize the development

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