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More than 70 acres of "hallowed ground" hang in the balance as Spotsylvania County's Board of Supervisors took no major action last night on a rezoning plan that would preserve another portion of the Chancellorsville battlefield on State Route 3.
Instead, board members voted unanimously to hold a second public hearing on Toll Land X Limited Partnership's application for reclassification of 248 acres of land near the Chancellorsville battlefield in order to permit the building of 196 homes.
Shortly thereafter, the board rezoned 35 acres near the intersection of U.S. 1 and U.S. 17 Bypass to accommodate the next phase of the Silver Cos.' Cosner's Corner shopping center.
Pennsylvania-based Toll Bros. is seeking the rezoning on State Route 3 to build the Retreat at Chancellorsville, a subdivision containing 196 homes valued at between $600,000 and $800,000. Toll Bros. can construct 163 homes on the land by right.
In exchange for the 33 additional units, Toll has promised to sell at below-market price 75 acres to the Civil War Preservation Trust. The trust will place a conservation easement on the land, creating a 1,000-foot setback from Route 3.
The buffer would merge with an identical easement on adjoining battlefield land sold to the Preservation Trust at below market rates by Spotsylvania-based Tricord Cos.
The land once was part of an 800-acre tract that saw fierce fighting on the first day of the Battle of Chancellorsville. Longtime owner John Mullins sold the land to both Tricord and Toll Bros.
In addition to helping preserve more battlefield land, Toll has promised to pay more than $732,000 to the county for the 33 additional houses.
Stafford County attorney Clark Leming, speaking for Toll, faced sharp questions about the plan from some board members.
Leming noted that Spotsylvania increased its proffer guidelines after Toll Bros. had negotiated its proffer package and won the blessing of the Planning Commission.
Supervisor Vince Onorato then suggested Toll Bros. was "disingenuous" for not including an even larger payment, given the lag time in the county's proffer update. He also wanted the details of the confidential agreement between Toll Bros. and the Preservation Trust.
Supervisor Gary Jackson questioned the need for the additional units.
During public comments, the tide ran in favor of the rezoning.
Spotsylvania resident Merritt Woznick noted that deals such as this are never perfect, but urged the supervisors to approve the rezoning.
"I feel it is important to save as much open space in this fast-growing county as possible," she said. "And we should never turn down an opportunity to preserve battlefield acreage."
Officials with the activist group the Committee of 500 and the National Park Service also spoke in favor of the rezoning.
On the other hand, Spotsylvanian Alfred King called the plan "an unfortunate deal" for the county and argued Toll Bros. should simply donate the 75 acres to the Preservation Trust.
The supervisors closed the hearing and then agreed to hold a second hearing once Toll Bros. submits a revised proffer package.
The Cosner's Corner rezoning approved last night clears the way for Silver Cos. to proceed with construction of a Home Depot, a Miller convenience store, a Staples and a Union Bank & Trust.
County planning staff had recommended tabling the rezoning on the grounds that the project will further clog traffic arteries around the Massaponax Interchange on I-95.
To win the reclassification, Silver has pledged to construct a free-flow right-hand turn lane from the southbound ramp of I-95's Exit 126 onto U.S. 1. The lane will hook into new lanes created for W.J. Vakos' Southpoint II development, thereby easing traffic backups onto southbound I-95 during the evening rush hour.
Silver officials also have agreed to construct a four-lane divided extension of Spotsylvania Parkway from its intersection with U.S. 1 into Cosner's Corner. And last night they offered $50,000 to study possible improvements to the failing Massaponax Interchange until a new interchange can be built.
To reach GEORGE WHITEHURST:
Email: gwhitehurst@freelancestar.com
