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While the PC voted to not recommend approval of the zoning modifications requested by the developer, we first found that the proposal was “not substantially in accord” with Fredericksburg’s Comprehensive Plan.

Under Virginia Code § 15.2-2232, if a local planning commission determines that a public or certain private facility (like a utility, street, or solar project) is not substantially in accord with the local comprehensive plan, that project generally cannot be built or authorized. In this case, it was the inclusion of the project’s proposed electrical substation (which does not exist in the Comp Plan) and the non-inclusion of a pedestrian bridge from their property across I-95 to Central Park (which does exist in the Comp Plan) that led to this determination.

State code gives the local governing body (e.g. our City Council) the authority to overrule the commission's “not in substantial accord” finding and approve the project anyway. I am gratified to see that a majority of Council Members have made such definitive statements validating the Planning Commission’s decision and recommendation.

— David Durham, Chair, FXBG Planning Commission

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