Community Corner

Construction Proceeds Near Dillingham Square After 1986 Rezoning

Supervisor Mike May explains what's going on with the project.

The following are excerpts from an email update from Occoquan District Supervisor Mike May:

"As you drive westbound on Old Bridge Road you may have noticed some construction equipment and the removal of trees adjacent to the Dillingham Square Shopping Center.

This property is the future site for a project called 'Old Bridge Commons.'  The first phase of the project is underway and it is my understanding that it is scheduled to include a free-standing 7-11 (without gas pumps) and a Goddard School. There is also the possibility of additional office and/or retail space in the future

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At the outset, please allow me to explain that this was not a project that the current Board of Supervisors reviewed or approved.  Rather, it is a rezoning that was reviewed and approved in 1986 (long before my service on the Board). 

Under Virginia law, once a rezoning has been approved, the owner of the rezoned property (or any subsequent owner) has a vested right to develop the property according to the specifications, proffers and commitments that were negotiated at the time of the original rezoning.  In other words, a rezoning is valid "forever" as long as the developer honors the original commitments when engineering and building his or her project.

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 This is exactly what is occurring with Old Bridge Commons, as the property owner has decided to develop the property in accordance with the 1986 rezoning.  As a result, no additional approvals are required by the Board of Supervisors.This situation is similar to the Walgreen's development that occurred at the intersection of Smoketown and Old Bridge (this was part of a 1988 rezoning, but was constructed a little over a year ago).

This is not to say that the county government has no oversight of the project at all.  Although, we have no ability to deny the property owner his right to pursue the project, the county must still ensure that all commitments are honored.  Specifically, the county will review and oversee the project as it is completed for compliance with our Zoning Ordinance, Design and Construction Standards Manual, transportation regulations, and the proffers (the commitments made by the original rezoning).

If you have any concerns about the project, I hope you won't hesitate to contact me or my staff.  As stated above, we have no legal ability to prevent it, but we can try to answer any questions you might have.  We can also provide you the contact information for the site engineers who have more specifics on the project itself and what kinds of uses they envision for the site in the future."


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