Stafford circuit judge denies developer's appeal of zoning decision on Crow's Nest peninsula.

By RUTH FINCH

Date published: 6/8/2005

A Circuit Court judge has upheld a Stafford Board of Zoning Appeals ruling that prevents the owner of Crow's Nest from subdividing the 3,800-acre peninsula into more than 8,000 lots.

A year ago, K&M Properties of McLean asked the Board of Zoning Appeals to affirm county supervisors' 1971 rezoning, which allowed a major community to be built on the environmentally sensitive peninsula between Accokeek and Potomac creeks.

Back then, the county approved a plan to put 8,000 homes, two golf courses, four marinas, an airport, a convention center, a commercial area and schools at Crow's Nest.

The company that filed that plan went bankrupt, and its hopes were never realized. Three years later, 1978, Stafford downzoned Crow's Nest to rural one-acre lots.

K&M never intended to carry out the original plan for 8,000 homes, said Clark Leming, the company's Stafford attorney. But the 1971 zoning would have given more flexibility to cluster homes on smaller lots and preserve more of the peninsula.

In April 2004, the Board of Zoning Appeals ruled that the 1971 zoning was no longer valid. Last week, Circuit Judge George Mason III upheld its ruling.

Even though subdivision plats were recorded for Crow's Nest, the 1971 zoning was not vested because the developer never diligently pursued the project, Mason ruled.

"For all practical purposes, little if any work was carried out on the property up to the present time, other than the sale of some lots in Crow's Nest Harbor," Mason wrote.

Mason's ruling affirms that Crow's Nest is zoned for one-acre lots.

In accordance with that zoning, K&M already has submitted a preliminary subdivision plan that would put about 680 homes on one-acre lots.

County officials have said they have concerns about the development's traffic, historic preservation, environment and stormwater management.

K&M is revising its plan to address those concerns.

Once the county Planning Office is satisfied the plan meets local ordinances and state and federal regulations, the plan will be forwarded to the Planning Commission for final approval.

The plan doesn't require a public hearing or the approval of the Board of Supervisors.

To reach RUTH FINCH: 540/720-1622rfinch@freelancestar.com

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Date published: 6/8/2005