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3-22-06 Minutes

STAFFORD COUNTY PLANNING COMMISSION MINUTES
March 22, 2006


The regular meeting of the Stafford County Planning Commission of Wednesday, March 22, 2006, was called to order at 7:30 p. m. by Chairman William Cook in the Board of Supervisors Chamber of the Stafford County Administration Center.

MEMBERS PRESENT: Cook, Pitzel, Di Peppe, Rhodes, Kirby, Carlone, and Mitchell

MEMBERS ABSENT: None

STAFF PRESENT: Harvey, Zuraf, Gregor, Blackwell, Knighting, and Merryman

DECLARATIONS AND DISQUALIFICAITON:

None

Mr. Cook stated before we begin Public Presentations Mr. Mitchell would like to make a statement.

Mr. Mitchell stated at the last meeting he was wrong. He stated that some felt he had been critical and harsh on Dewberry and Davis. He stated for that he owes all of Dewberry and Davis along with the manager, Wes Tyree and Jeff Yates a personal apology. He stated he has personally worked off of Dewberry and Davis drawings over a number of constructions projects. He offered his personal apology to Dewberry & Davis Company and Staff. He stated he was concerned with the drawings that had been submitted, and may have made some unfavorable statements. He stated he has phoned the staff at Dewberry & Davis and spoke to each gentleman to apologize. He stated he would be sending Dewberry & Davis a personal letter also.

Public Presentations

Mr. Cook asked if anyone would like to speak on any subject not being discussed in the Public Hearing.

With no one coming forward the Public Presentations was closed.

PUBLIC HEARINGS:

1. RC2501489; Reclassification – Stafford Lakes, Parcel 44-56- A request for a Reclassification from A-1, Agricultural Zoning District to B-2, Urban Commercial Zoning District to allow the development of a restaurant on Assessor’s Parcel 44-56, consisting of 0.33 acres, located on the south side of Warrenton Road approximately 200 feet east of Village Parkway in the Hartwood Election District. The comprehensive Plan recommends the property for Urban Commercial Use. The Urban Commercial designation would allow development of commercial, retail and office uses. See Section 28-35 of the Zoning Ordinance for a full listing of permitted uses. (Time Limit: June 20, 2006)

2. CUP2501490; Conditional Use Permit – Stafford Lakes, Parcels 44-56 & 44R-1A- A request for a Conditional Use Permit to allow two drive-through facilities in a HC, Highway Corridor Overlay District on Assessor’s Parcel 44-56 and a portion of 44R-1A, consisting of 1.54 acres, located on the south side of Warrenton Road approximately 200 feet east of Village Parkway in the Hartwood Election District. (Time Limit: June 20, 2006)

3. RC2600138; Reclassification – Stafford Hospital Center - A proposed reclassification from A-1, Agricultural Zoning District and R-1, Suburban Residential Zoning District to B-2, Urban Commercial Zoning District on Assessor's Parcels 30-73B and 39-62 consisting of 37.84 acres, located on the south side of Courthouse Road approximately 2,000 feet east of Jefferson Davis Highway within the Aquia Election District. The Comprehensive Plan recommends the property for Office, Light Industrial and Suburban Residential uses. The Office designation would allow the development of Professional Offices and Office Parks. The Light Industrial designation would allow light industrial, light manufacturing and office uses. The Suburban Residential use would permit single family residential development at a density of three (3) dwelling units per acre. See Section 28-35 of the Zoning Ordinance for a full listing of permitted used in the B-2 Zoning District.

4. CUP2600139; Conditional Use Permit – Stafford Hospital Center - A request for a conditional use permit to allow a hospital in an HC, Highway Corridor overlay district; and allow a hospital and medical clinic uses in a B-2, Urban Commercial Zoning District; and to allow an exception to the height requirement up to 90 feet in a B-2, Urban Commercial Zoning District on Assessor's Parcels 30-57D and 73B and 39-7, 59, 60 and 62 consisting of 70.21 acres, located on the east side of Jefferson Davis Highway approximately 2,000 feet south of Courthouse Road and on the south side of Courthouse Road approximately 2,000 feet east of Jefferson Davis Highway within the Aquia Election District.

Mr. Zuraf stated he would like to present the staff report for agenda items 3 and 4, they are both for the Stafford Hospital Center. He stated item 3 was a reclassification and item 4 was a Conditional Use Permit. He stated the applicant was Medicorp Properties, Incorporated. He gave a power point presentation explaining the Reclassification and the Conditional Use Permit and showed the location of the property. He stated the RPA area was located in the middle of the site and described the various buildings designated for the parcel, noting the day care facility would be primarily for the use of hospital employees. He stated the property would be served by public water and sewer. He read the proposed proffers for the rezoning and the twenty-eight (28) conditions for the Conditional Use Permit. He stated staff recommends approval for both applications.

Mr. Di Peppe stated he supports the Hospital, but stated the road from Jefferson Davis Highway to Courthouse Road would have to be finished before the occupancy permit was issued for the Hospital.

Mr. Mitchell stated he understood the heliport use being limited but suggested there would be no restrictions for life flight.

Mr. Rhodes asked if sidewalks and bike trails were shown on Stafford Hospital Boulevard.

Mr. Zuraf stated yes, on one side.

Mr. Pitzel asked if there were any plans for improvements to Courthouse Road from Interstate 95.

Mr. Zuraf stated no.

John McGranahan, Attorney for Medicorp, stated he would like to explain the process. He stated the site for the hospital location had to be confirmed in order to obtain the Certificate of Public need from the State. He stated the applicant proposes to build a Class A Architectural Design building and would comply with all State, Federal and County requirements. He stated the applicant could not make any improvements at the Courthouse Road/Route 1 intersection, but has been talking with VDOT and if allowed, would install a Emergency Interruption Device, which with the push of a button, allow all traffic from Courthouse Road to have a green light which would clear the intersection and allow emergency vehicles to pass through. He stated the projected opening of the hospital was 2009. He stated the applicant met with neighbors of the property and discussed a revision to Potomac Church Road which would upgrade the entrance and make it safer for the residents. He stated the project would be built in phases.

Mr. Di Peppe stated he was concerned with the traffic and asked the total cost of building Phase I.

Mr. McGranahan stated $84 million.

Mrs. Carlone asked if the construction of the buildings in Phase II could be delayed to allow the construction of the bridge to complete the road from Jefferson Davis Highway to Courthouse Road.

Mr. McGranahan stated that was the thought.

Mrs. Carlone asked if a bench could be provided at the bus stop.

Mr. McGranahan stated that would not be a problem.

Mr. Pitzel stated he was glad to here about the Traffic Interrupter Device and stated people from the south could get off Interstate 95 at the new Centerport Parkway Interchange and avoid the intersection at Courthouse Road.

Mr. McGranahan stated that was an option and stated discussions have been held with VDOT concerning the blue hospital signs on the Interstate.

Mr. Cook asked why a Phase II was only being done on one site.

Mr. McGranahan stated because the other site was not being disturbed.

Mr. Cook stated the walking trail was within the RPA and asked if the applicant would keep as much of the trail out of the RPA as possible.

Mr. McGranahan agreed.

The Public Hearing was opened.

Jo Knight stated in her opinion the hospital at this location was a blessing and she was in support of both applications.

With no one else to speak, the Public Hearing was closed.

Mrs. Kirby asked about the cemetery location and asked for clarification on the relocation.

Mr. McGranahan stated it was an involved process to relocate graves. He stated if possible the applicant would like to leave the cemetery at the current location with a fence and signage and buffers.

After a brief discussion by the applicant and the Commission, Mr. McGranahan stated the applicant would change the proffer concerning the completion of the road from Jefferson Davis Highway to Courthouse Road.

Mr. Cook stated a sentence would be added to state two (2) lanes of Stafford Hospital Boulevard would be completed from Jefferson Davis Highway to Courthouse Road prior to the Hospital occupancy permit issuance.

Mr. Mitchell made a motion to approve item #3 with the proffer changes. Mrs. Kirby seconded. The motion passed 7-0.

Mr. Mitchell made a motion to approve item #4 with the conditions recommended by staff. Mrs. Kirby seconded. The motion passed 7-0.


5. Comprehensive Plan Compliance Review – Eustace Road Telecommunications Tower – A request for review to determine compliance with the Comprehensive Plan in accordance with Section 15.2-2232 of the Code of Virginia (1950) as amended, for the construction of a communication facility on Assessor’s Parcel 20-118B, located on the west side of Eustace Road, approximately 1,800 feet north of Northampton Boulevard within the Garrisonville Election District.

6. CUP2501488; Conditional Use Permit – Eustace Road Telecommunications Tower – A request for a Conditional Use Permit to allow a Communication Facility in an A-1, Agricultural Zoning District on a portion of Assessor's Parcel 20-118B, consisting of 4.49 acres, located on the west side of Eustace Road, approximately 1,800 feet north of Northampton Boulevard within the Garrisonville Election District.
7. CUP2501451; Conditional Use – Celebrate Virginia North Goodyear - A request for a Conditional Use Permit to allow an auto service facility in a B-2, Urban Commercial Zoning District on Assessor's Parcel 44Y-7, consisting of 5.23 acres, located on the west side of Warrenton Road, approximately 600 feet north of its intersection with McWhirt Loop within the Hartwood Election District.

UNFINISHED BUSINESS:

8. RC2500919; Reclassification – Central Stafford Commerce Center – A proposed reclassification from A-1, Agricultural to M-1, Light Industrial Zoning District on Assessor's Parcels 38-102, 38-102A, 38-102B, 38-102C, 38-102D and 38-104 consisting of 80.70 acres, located on the east side of Big Springs Lane approximately 1,000 feet from the intersection with Eskimo Hill Road within the Aquia Election District. The Comprehensive Plan recommends the property for Light Industrial and Rural Residential uses. The Light Industrial designation would allow light industrial, light manufacturing and office uses. Rural Residential use allows single family residential development at a density of one (1) dwelling unit per three (3) acres. (Time Limit: December 6, 2005) (Deferred to April 5, 2006 Work Session at Applicant’s request)

Mr. Cook stated item 8 was deferred.

9. RC230334; Reclassification; Brentsmill, LLC – Proposed reclassification of Assessor’s Parcels 21-145, 22-20A, 20B, 21 and 22 from R-2, Urban Residential-Medium Density and A-1, Agricultural, to PD-1, Planned Development-1, Zoning District, consisting of 425.34 acres, located on the east side of Telegraph Road, approximately 500 feet south of Denrich Road and on the south side of Flippo Road at its western terminus, within the Griffis-Widewater Election District. The Comprehensive Plan recommends Suburban Residential and Rural Residential uses, which would allow up to three single family detached or duplex dwellings per acre and one dwelling per three acres respectively. This request would allow various dwelling types at a maximum density of seven dwelling units per acre and low and medium intensity commercial retail and office uses. (Time Limit: April 5, 2006) (Deferred to April 5, 2006 Work Session)

Mr. Cook stated item 9 was deferred.

10. RC2501629; Reclassification – Mid-Atlantic - A proposed reclassification from A-1, Agricultural to B-2, Urban Commercial Zoning District on Assessor's Parcel 19-71 consisting of 11.87 acres, located on the north side of Garrisonville Road at the intersection with Shelton Shop Road within the Rock Hill Election District. The Comprehensive Plan recommends the property for Urban Commercial and Suburban Residential uses. The Urban Commercial designation would allow development of Commercial Retail and Office uses and the Suburban Residential use would permit single family residential development at a density of three (3) dwelling units per acre. (Time Limit: May 23, 2006) (Deferred to April 5, 2006 Work Session)

Mr. Cook stated item 10 was deferred.

11. CUP2501630; Conditional Use Permit – Mid-Atlantic - A request for a conditional use permit to allow vehicle fuel sales with convenience store and two drive-through facilities in the Highway Corridor Overlay Zoning District on Assessor's Parcel 19-71 consisting of 11.87 acres, located on the north side of Garrisonville Road at the intersection with Shelton Shop Road within the Rock Hill Election District. (Time Limit: May 23, 2006) (Deferred to April 5, 2006 Work Session)

Mr. Cook stated item 11 was deferred.

12. RC2501259; Reclassification – Widewater Heights - A proposed reclassification from R-4, Manufactured Home Zoning District to B-2, Urban Commercial Zoning District on Assessor's Parcel 13-37 consisting of 12.18 acres, located on the south side of Telegraph Road approximately 1,000 feet east of Jefferson Davis Highway within the Griffis-Widewater Election District. The Comprehensive Plan recommends the property for Urban Commercial and Light Industrial uses. The Urban Commercial designation would allow development of commercial retail and office uses and the Light Industrial designation would allow light industrial, light manufacturing and office uses. (Referred back to Planning Commission by Board of Supervisors) (Scheduled for March 22, 2006 Work Session)

Mr. Harvey stated that this item was discussed in the work session and the applicant made a number of Proffers. He stated the Commission discussed those proffers, and a motion was made to recommendation to denial by a 4-3 vote.

Mr. Cook stated the recommendation was made for denial in the work session on a 4-3 vote. He stated his reasoning for voting against the application was due to a misunderstanding between the applicant, Staff and the Commission. He stated the applicant felt they complied with the requests and the Commission did not feel they complied. He stated he would like to grant a 30 day extension to allow the applicant time to work with staff on these issues.

Mr. Mitchell made a motion to grant a 30 day extension. Mr. Di Peppe seconded. The motion to grant a 30 day extension passed 6-1 (Mrs. Kirby voted no).

Mr. Cook stated the item would be back before the Commission April 26, 2006.

13. SUB2501328; Ellison Estates Section 2, Preliminary Subdivision Plan - A preliminary subdivision plan for 7 single family residential lots, zoned A-2, consisting of 9.97 acres, located at the north end of proposed Ellison Court and approximately 1,100 feet west of Jefferson Davis Highway and 1,300 feet north of American Legion Road on Assessor's Parcel 38-45H, within the Aquia Election District. (Time Limit: May 24, 2006) (Deferred to May 17, 2006 Regular Meeting)

Mr. Cook stated a letter was received from C. T. Park requesting a deferral on Ellison Estates.

14. SUB2501324; Waiver Request-Bayview Estates Section 1, Lots 4 and 5- A request for a waiver of Section 22-143 of the Subdivision Ordinance regarding the lot width ratio in an A-2, Rural Residential Zoning District on Assessor’s Parcels 31-33F and 31-33G, located at 714 and 722 Hope Road within the Aquia Election District. (Time Limit: May 14, 2006.)

Mike Zuraf presented the staff report. He gave a power point presentation showing the location of the property and pictures of the two (2) properties involved. He stated the request was for a proposed Boundary Line Adjustment was due to construction of a retaining wall. He stated both properties involved are residential uses and the proposed BLA would resolve the issues with the construction encroachment. He stated the staff recommends approval of request.

Mr. Mitchell made motion for approval. Mrs. Kirby seconded. The motion passed 7-0.

15. Water Resource Protection Overlay District - An Ordinance to amend and reordain Article IV, Planned Development and Overlay District Regulations, by creating Section 28-65, Water Resource Protection Overlay District, of the Zoning Ordinance.

Mr. Harvey stated item 15 was and item being reported out of a special Committee. He stated was referred to as the Water Resource Protection Overlay District. He stated the Committee has met and recommends a special Public Hearing on April 19, 2006, with this being the only item for discussion.

Mr. Cook stated in order to meet the set timeline, a Public Hearing would have to be held on April 19, 2006 in order to get a recommendation to the Board of Supervisors by April 25, 2006. He stated the Public Hearing would be scheduled for 5:30 and only for this item.

Mrs. Kirby made a motion to schedule a Special Public Hearing at 5:30 p.m. on April 19, 2006 for Water Resource Protection Overlay District. Mr. Rhodes seconded. The motion passed 7-0.

Mrs. Kirby stated several meetings have been held concerning the Overlay District. She stated the Committee feels this Ordinance was one that should go through the Planning Commission and on to the Board of Supervisors.

Mrs. Kirby made a motion to send the Water Resource Protection Overlay District to Public Hearing. Mr. Mitchell seconded. The motion passed 7-0.

Mr. Cook stated that the next item to discuss was the change of the Planning Commission Bylaws. He stated the only change was the meeting dates to be the 1st and 3rd Wednesday of each month beginning in May.

Mrs. Kirby made a motion for approval of the change. Mr. Mitchell seconded. The motion passed 7-0.

PLANNING DIRECTOR’S REPORT

Mr. Harvey stated another aspect of the Comprehensive Plan would be coming up. He stated Mike Chandler would be working with the Planning Commission and the Steering Committee for an initial meeting on April 8, 2006 at 8:00am. He stated more details will be forthcoming.

Mr. Harvey stated that at the March 21, 2006 meeting the Board passed the Drainfield Ordinance for Preliminary Subdivision Plans and the AOSE statement requirement and the Repeal of Section 22-9 of the Subdivision Ordinance. He stated the Board of Supervisors also deferred the School Ordinance. He stated the Board also sent the Drainfield Standards as far as size of drainfields back to the Planning Commission, and the Board upheld the Planning Commission decision to deny Leeland Station, Section 8 Comprehensive Plan review request and the Board also approved the proffer amendments for the Monte Vista project.

COUNTY ATTORNEY’S REPORT

No Report

SECRETARY/TREASURER REPORTS

No Report

STANDING COMMITTEE REPORTS

Mr. Di Peppe stated that on Monday, March 20, 2006, the Ordinance Subcommittee met. He stated there are nine ordinances to send to Public Hearing.

Mrs. Kirby made a motion for a Public Hearing to be held on April 26th, 2006, concerning the Ordinance for the Process to Appeal. Mr. Rhodes seconded. The motion passed 7-0.

Mrs. Kirby made a motion for a Public Hearing to be held on April 26th, 2006, for the Ordinance concerning Construction Plans Review and Approval. Mrs. Carlone seconded. The motion passed 7-0.

Mrs. Kirby made a motion for a Public Hearing to be held on April 26th, 2006, concerning the Official Submission Ordinance. Mr. Rhodes seconded. The motion passed 7-0.

Mrs. Kirby made a motion for a Public Hearing to be held on April 26th, 2006, on an Ordinance change for Public Hearing notice for signs for Conditional Use Permits. Mrs. Carlone seconded. The motion passed 7-0.

Mrs. Kirby made a motion to hold a Public Hearing concerning the Submission Requirements for Preliminary Plans on April 26, 2006. Mr. Rhodes seconded. The motion passed 7-0.

Mrs. Kirby made a motion to leave the Ordinance for the Repeal of Sec. 28-295 in Ordinance Committee. Mr. Rhodes seconded. The motion passed 7-0.

Mrs. Kirby made a motion for a Public Hearing on May 3, 2006 concerning the Overall Plan with Preliminary Plan Submittals. Mr. Rhodes seconded. The motion passed 7-0.

Mrs. Kirby made a motion for a Public Hearing on May 3, 2006, concerning the Cemetery Regulations Ordinance. Mr. Rhodes seconded. The motion passed 7-0.

Mr. Cook asked for a motion changing the Public Hearing date of concerning Notice Signs for Conditional Use Permits.

Mr. Rhodes made a motion to change the Public Hearing for the Public Hearing Notice Signs for Conditional Use Permits to the May 3, 2006 agenda to balance out the agenda. Mrs. Kirby seconded. The motion passed 7-0.

Mr. Pitzel stated he would be in close touch with the contractor who would be helping to write the Comp Plan. He stated a Comprehensive Plan Steering Committee meeting would be held towards the end of April. He stated he would report back as those events unfold.

SPECIAL COMMITTEE REPORTS

Mr. Cook stated Special Committee was already reported out.

CHAIRMAN’S REPORT

Mr. Cook stated that former Planning Commission Member Ed Johnson’s son passed away. He stated he would like the Planning Department to send appropriate flowers from the Department and the Commission.

Mr. Cook stated it had been brought to his attention that the television cameras are not welcome by the public and inhibit some members of Staff and the Commission.

After a discussion concerning the Planning Commission Meetings being televised and the importance of the public being able to watch the meeting and knowing the issues in the County, Mr. Cook asked Mr. Pitzel to call roll for a vote to determine if the Planning Commission would remain being televised or not. He stated a “Yes” vote would be to remain on television and a “No” vote would be to shut the camera off.

Mr. Rhodes – Yes
Mrs. Kirby - No
Mr. Pitzel - Yes
Mr. Mitchell - No
Mr. Di Peppe - Yes
Mrs. Carlone - No
Mr. Cook - No

Mr. Pitzel stated there were 4 no votes.

Mr. Cook stated the cameras would be turned off after the meeting tonight.

ADJOURMENT

With no further business to discuss the meeting was adjourned at 9:30 p.m.



______________________________
William Cook
Chairman






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