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Last updateThu, 19 Nov 2015 8pm

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US 301 rezoning to be reconsidered at May 6 Supervisors meeting

The Board of Supervisors is scheduled to next week reconsider a rezoning request in Dahlgren adjacent to the Bayberry subdivision. The meeting is on Tuesday, May 6. A vote may or may not be taken on the case at that time.
A public hearing was held on March 18, with the formal public comment time now closed on the issue, though one or more opponents have continued to provide additional comments in opposition to the project at each regular meeting.

Chairman Joe Grzeika has so far graciously allowed those comments to be heard, though the Board’s Rules & Procedures, adopted and re-adopted annually at the first meeting in January each year, bar public comment on “an item or issue which has been advertised for public hearing” to be heard during the general public comment period.
The biggest objection has appeared to be to a commercial enterprise that might be disruptive to the adjacent residents’ quiet enjoyment of their property. For some, that has seemed to translate to no changes at all to the property owned by the applicant.

Since the March 18 hearing by Supervisors, the applicant had revised the proffers in an attempt to accommodate the concerns of members of the Board of Supervisors and Bayberry subdivision residents to eliminate noisy, late-night and brightly-lit uses, as well as to increase the size of the buffer and proffer to keep it in its natural state.
The request from JPI Walnut Hill LLC by Jay Jarrell is a proposal to rezone a 6.75-acre site on US 301 (James Madison Pkwy) from Rural Agricultural (A-2) to General Trade (C-2).

PROFFER CHANGES
The applicant’s changes to the proffers and the project’s general development plan would now prohibit a total of 17 uses in a “Restricted Area” on the property subject to the proposed rezoning.

The proposal has converted a proposed 30-foot wide “landscaped buffer” to a 100-foot wide “natural vegetative buffer” that would retain the woods and existing growth currently on the strip of land and be preserved in perpetuity. All proffers, if accepted, run with the land, no matter who becomes the owner in the future.

The applicant has also revised the general development plan to indicate that it would widen the “Restricted Area” from 132-feet wide at the back of the parcel proposed for rezoning, to 150-feet wide, though it would also narrow the “Restricted Area” at the front of the property along US 301 from 223-feet wide to 150-feet.

PROHIBITED USES
Should the rezoning be approved, the newly-revised request would include proffers that would increase the list of prohibited uses from five to 17 uses that are normally allowed in C-2 zoning districts.

The previous five commercial by-right uses that were proffered out earlier remain on the list of prohibited uses that could not extend onto a portion of the property, which is designated as the 150-foot wide “Restricted Area.”

The prohibited list now includes the following uses that would not take place on property designated as the “Restricted Area” immediately adjacent to Bayberry subdivision lots, now proposed to be 150-feet wide.

Those are auto repair facility, boat sales, contractors equipment yard, commercial garage, commercial parking lot, building supply/lumber sales, commercial cemetery, fast-food restaurant, commercial marina, vehicle sales, construction material supply business with storage under cover, but not to include fabricating, farm supply sales including vehicular equipment, hospital, mobile home and modular home sales, radio/television station, vehicle sales & service, and mini warehouse.

The 17 prohibited uses proffered out would not be prohibited on the rest of the 6.75-acre site which is the subject of the request.

DETAILS OF REQUEST     
JPI Walnut Hill LLC is requesting to rezone from Rural Agricultural (A-2) to General Trade (C-2), with proffers, a 6.75-acre portion of a 128.95-acre parcel, identified as Tax Map 9 Parcel 34.

The property is on the west side of US 301 about .2 miles south of the intersection with Danube Drive (Route 1101).

It would be served by public utilities to be provided by the King George County Service Authority. It is located in the Dahlgren Primary Settlement Area in the county’s Comprehensive Plan.

The 6.75 acre parcel is currently part of a larger parcel to its north with A-2 zoning. That 128.95-acre parcel is currently in open land and woodlands, and is the subject of a cluster subdivision application currently under review by the Department of Community Development as a by-right use under the existing zoning.

The applicant’s proposed cluster subdivision is planned to be retained as a large common area behind the 6.75-acre parcel that would be undeveloped in perpetuity as a large wooded buffer adjacent to other abutting Bayberry subdivision lots.

The small parcel requested for rezoning abuts two residential properties in the Bayberry subdivision and is an irregular shape. The purpose of the rezoning is to consolidate it with a smaller triangularly-shaped parcel 37A, which contains 1.91 acres adjacent to it.

That adjacent property to which it would be added is already commercially-zoned and also fronts on US 301. A boundary line adjustment would be made to result in a rectangular parcel with frontage on US 301.

The complete rezoning submission with the newly-revised proffers, traffic analysis and the staff report are available for review in the office of Community Development, on the ground floor of the Revercomb Administration building, located behind the Courthouse on Route 3.

Phyllis Cook

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