- Last Updated on Wednesday, 14 May 2014 09:14
- Published on Wednesday, 14 May 2014 09:14
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The King George Board of Supervisors approved an amended rezoning request in Dahlgren at last week’s meeting on May 6 on a split vote, 3-2, with Ruby Brabo and Cedell Brooks voting against the project.
Chairman Joe Grzeika, Dale Sisson and Jim Howard voted in favor of the request.
The request from JPI Walnut Hill LLC by Jay Jarrell was approved with amendments to the proffers and to the general development plan that resulted in no property being rezoned immediately adjacent to the Bayberry subdivision.
Eight speakers addressed the rezoning issue during the meeting’s public comment, with seven of those repeating their opposition to the project, as in the past.
In addition, Supervisor Ruby Brabo read a letter purporting to be from a Bayberry resident about a third- or fourth-hand conversation alleged to have taken place six months ago containing anonymous claims against other board members.
There was also lively discussion by members of the Board of Supervisors when the case came up on the agenda. (For details on the letter and board comments, see related article.)
The applicant had revised the proffers at least four times since its December hearing by the Planning Commission in attempts to accommodate the concerns of members of the Commission and those of the Board of Supervisors and Bayberry subdivision residents to eliminate noisy, and/or brightly-lit uses, as well as to increase the size of a land buffer between the property and subdivision lots.
The approved action reduced the intensity of the original request, and mitigated the potential or perceived impacts through a reduction in the area for development.
The approved amendments resulted in fewer acres being rezoned than originally requested, and they were rezoned to the less intensive commercial zoning classification of Retail Commercial (C-1).
Instead of 6.75-acres to General Trade (C-2), Supervisors rezoned 5.8143 acres to (C-1) with revised proffers and a revised general development plan.
It is significant to understand that all approved proffers run with the land, no matter who becomes the owner in the future.
The approved proffers are those dated April 22, 2014, with the applicant having subsequently withdrawn its previous proffer and development plan amendments that included a restricted area and proffered out some C-2 uses.
The applicant had instead agreed to reduce the amount of land to be rezoned by deleting a section of the property from the rezoning request that leaves a strip of land adjacent to the Bayberry subdivision lots that measures 153-feet wide in the current A-2 zoning designation.
That land is expected to remain undisturbed.
DETAILS OF REZONING
JPI Walnut Hill LLC represented by Jay Jarrell received approval to rezone 5.8143 acres from Rural Agricultural (A-2) to Retail Commercial (C-1), with proffers, on a small portion of a larger 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 will 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 5.8143-acre parcel is 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 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 5.8143-acre parcel that would be undeveloped in perpetuity as a large wooded buffer adjacent to all abutting Bayberry subdivision lots.
The small parcel requested for rezoning no longer abuts two residential properties in the Bayberry subdivision.
The rezoned acreage will be consolidated with a smaller triangularly-shaped parcel 37A, which contains 1.91 acres adjacent to it that is commercially-zoned and fronts on US 301.
A boundary line adjustment is to be made to result in a rectangular parcel with an additional ‘panhandle’ attached and forming part of the frontage on US 301.
That panhandle shape is not adjacent to any Bayberry subdivision lots, but instead is adjacent to existing commercially-zoned property with that use.
A detailed traffic impact analysis was submitted by the applicant, which was reviewed and commented on by the Virginia Department of Transportation (VDOT). As a result, the applicant’s approved proffers include VDOT-recommended safety improvements to a number of median cross-overs and existing entrances.