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Spotsylvania may delay vote

August 9, 2004 1:08 am

By GEORGE WHITEHURST
Boards set to debate denying utilities to Mullins farm

The Spotsylvania County Board of Supervisors may not vote tomorrow night on whether to curb development along a portion of State Route 3.

The board will hold a joint public hearing with the Planning Commission to discuss whether to remove a chunk of land along Route 3 from the county's designated growth area, which it calls the Primary Settlement District. The owners of the affected properties would not be allowed to hook up to county water and sewer.

The properties would be put in the county's Rural Development District, which calls for sparser growth.

The land between Spotswood Furnace Road and Route 3--which includes the Mullins farm--was moved from the rural district to the growth area in 2002 when supervisors amended zoning laws in hopes of better managing residential development.

The properties in question lie near the Chancellorsville battlefield, a holy grail for historical preservationists.

Board Chairman Bob Hagan, who initially favored a quick resolution of the matter, said late last week that he now wants the two bodies to vote separately on the issue.

"There seemed little point in dragging out, over the course of two separate meetings, either a public hearing or a decision," Hagan said. "However, I agree with those who feel that having both boards vote on this on the same night gives it a rushed-through appearance.

"Accordingly, I think that the board and the Planning Commission should give consideration to voting on this issue separately, in separately held meetings, even if we do hold the public hearing jointly."

Vice Chairman Hap Connors agreed, calling for plenty of public input.

Their change of heart seemed to rankle Supervisor Gary Jackson, who voted against holding the joint hearing.

"I said earlier that I didn't understand what the rush was," Jackson said. "Obviously, there was a rush because we scheduled this unusual joint public hearing. Now, I'm hearing that there's enough of a rush to have this unusual joint public hearing but not enough of a rush to vote on it at a joint meeting."

The original boundary change in 2002, which included the nearly 800-acre Mullins farm, was done, at least in part, because 55 acres of the farm had been zoned for commercial use and because the state planned to bring the Outer Connector--a proposed beltway around Fredericksburg--through the property. County planners had envisioned corporate offices popping up in the area.

The owner of the farm, John Mullins, won the commercial rezoning in December 1999 from a lame-duck Board of Supervisors.

Historic preservationists complained the board rezoned the property as a favor to Mullins.

Earlier this year, the outlook for the Mullins property changed when the regional transportation planning board removed the connector from its long-range plan, effectively killing the project. That turn of events caused the supervisors to reconsider the growth boundary change.

Jackson opposed the 1999 rezoning; he served on the Planning Commission at the time. He added that he will gladly vote to remove the land from the growth district if the move won't spark legal problems for the county.

"If we can remove it from the Primary Settlement District without interfering with anyone's rights, I'd be prepared to vote for that. I don't want to rush and stumble," Jackson said.

Connors offered a more blunt assessment.

"I hardly think we're rushing anything," he said. "If people want to sue us for doing the will of the people of Spotsylvania County, then those special interests are free to do that. That's part of our democracy."

The debate over the Mullins farm has stirred passions on all sides, but Hagan voiced hope that an agreement will soon take shape.

"I think we have an opportunity before us that will provide positive outcomes for Mr. Mullins, for preservationists, for the county, and even the people who enjoy the viewshed as they drive by the wonderful piece of property," he said. "I hope we take advantage of that opportunity."

To reach GEORGE WHITEHURST: 540/374-5438 gwhitehurst@freelancestar.com





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