STAFFORD COUNTY PLANNING COMMISSION MINUTES
January 17, 2007
The regular meeting of the Stafford County Planning Commission of Wednesday, January 17, 2007, was called to order at 7:30 p.m. by Chairman William Cook in the Board of Supervisors Chambers of the Stafford County Administration Center.
MEMBERS PRESENT: Cook, Kirby, Pitzel, Mitchell, Carlone, Di Peppe, and Rhodes
MEMBERS ABSENT: None
STAFF PRESENT: Harvey, Judy, Zuraf, Hornung, Stepowany and Gregori
DECLARATIONS OF DISQUALIFICATIONS:
None
PUBLIC PRESENTATIONS: None
PUBLIC HEARINGS:
1. RC2600906; Reclassification – HOME, Incorporated Apartments – A proposed amendment to proffered conditions on Assessor’s Parcel 46-34A, zoned R-3, Urban Residential Zoning District, consisting of 1.18 acres located on the north side of Heritage Commons Drive, approximately 250 feet east of Cambridge Street within the Falmouth Election District. The proffer amendment allows the apartments to be classified as accessible rather than barrier free. (Time Limit: April 17, 2007)
Mr. Zuraf presented the staff report. He stated the current and proposed use would continue to be apartments with eight accessible and affordable apartment units and one access point. He stated the apartments were two bedrooms, one story units and there were four buildings with two apartments in each building. He stated proffer four states each apartment would be “barrier free.” He stated the units would need to be constructed to accommodate persons with mobility problems and the bathing areas would need to be designed to allow a wheelchair to roll into the shower. He stated four of the apartments were constructed with bath tubs instead of showers. He stated there would be no changes to proffers one, two, or three and the change to proffer four would classify the apartments as accessible rather than barrier free. He stated staff recommends approval of the proffer amendment.
Mrs. Carlone asked the applicant if the organization was non-profit.
Fred Kirth, representing HOME, Incorporated Apartments, stated yes.
Mrs. Carlone asked why the apartments were constructed with tubs.
Mr. Kirth stated HOME was organized in 1998 to provide housing for individuals with disabilities and low income with vouchers from Housing Urban Development (H.U.D.) He stated the first apartment complex, Lafayette Square in Fredericksburg, was twelve apartments. He stated six of the apartments were completely accessible for wheelchairs. He stated twenty percent of the tenants needed a roll-in shower, while other tenants preferred bathtubs with grab bars. He stated the second
complex HOME built had six units and each unit had a roll-in shower. He stated when the Stafford County project was built they decided to build half the units with bathtubs and half with roll-in showers.
Mr. Pitzel asked why the applicant did not approach the Planning Commission with the proffer amendment request during the design stage.
Mr. Kirth stated the question had never come up. He stated the barrier in the bathroom was the tub itself and it was not their understanding that it would be a problem.
Mr. Judy stated the Building Official viewed the definition of “barrier free” and “accessible” to be different based on state standards. He stated the building official was using a strict interpretation of the state standards.
Mrs. Kirby stated the picture of the bathtub did not show the grab bars.
Mr. Di Peppe stated the bathtubs were customized with the grab bars when the tenants moved in.
Mr. Rhodes asked if the rest of the features were the same.
Mr. Kirth stated the apartments were identical.
Mr. Di Peppe stated he toured the apartments and they were identical. He stated in some cases persons in wheelchairs wanted a bathtub. He stated the facilities were very nice and the apartments were designed so a handicapped person could use the facility.
Mr. Cook opened the public hearing. With no one coming forward Mr. Cook closed the public hearing.
Mr. Di Peppe stated the applicant, a non-profit organization, had to spend eight thousand dollars to ask for the proffer amendment. He made a motion for approval of the proffer amendment. Mrs. Kirby seconded. The motion passed 7-0.
Mr. Di Peppe made a motion to ask the Board of Supervisors to waive the eight thousand dollar fee considering the applicant was a non-profit organization building facilities that were badly needed in Stafford County. Mrs. Kirby seconded. The motion passed 7-0.
UNFINISHED BUSINESS:
2. Amendment to Subdivision Ordinance - Amendment to Section 22-153, Lots for Water and
Sewer Mains, of the Subdivision Ordinance, pursuant to O06-62. The proposed amendment would require all water and sewer easements, in their entirety, serving water and/or sewer mains between lots in a residential subdivision to be located on lots conveyed to and maintained by a homeowners association. The width of the easement shall be in accordance with Chapter 25 and Chapter 26.2 of the Stafford County Code. (Deferred at Staff’s Request)
Mr. Cook stated Item 2 was deferred.
3. CUP2600130; Conditional Use Permit – Suh Gas Station - A request for a conditional use permit to allow vehicle fuel sales in a B-2 Zoning District on Assessor's Parcels 29-90A and 96 consisting of 3.2 acres, located on the north side of Courthouse Road at the intersection with Wyche Road within the Aquia Election District. (Time Limit: December 19, 2006)(Deferred to the January 17, 2007 Regular Meeting)
Mr. Cook stated Item 3 was deferred.
The Planning Commission discussed the upcoming agendas.
4. RC2501249; Reclassification – Onville Estates - A proposed reclassification from A-2,
Rural Residential Zoning District to R-1, Suburban Residential Zoning District on Assessor's Parcel 20-49J consisting of 59.13 acres, located on the west side of Onville Road approximately 300 feet north of Ebenezer Church Road within the Griffis-Widewater Election District. The Comprehensive Plan recommends the property for Rural Residential use. The Rural Residential designation would allow residential development at a maximum density of one dwelling unit per three acres. This request would allow single family detached or duplex dwellings at a maximum density of three dwelling units per acre. See Section 28-35 of the Zoning Ordinance for a full listing of permitted uses in the R-1 zoning district. (Time Limit: January 31, 2007)(Deferred to January 17, 2007 Work Session)
Mr. Cook stated Item 4 was discussed at the Work Session and was deferred to the February 21, 2007 Work Session.
5. CUP2501638; Conditional Use Permit; Sydney Hastings Commons 7-11 – A request for a Conditional Use Permit to allow a convenience store with vehicle fuel sales in the Highway Corridor Overlay Zoning District on Assessor’s Parcel 45-92C consisting of 2.42 acres, located on the northwest corner of Warrenton Road and Melchers Drive within the Falmouth Election District. (Time Limit; February 13, 2007) (Deferred to January 17, 2007 Work Session)
Mr. Cook stated Item 5 was deferred.
6. RC2600559; Reclassification - Fairfield Inn & Suites - A proposed reclassification from
R-1, Suburban Residential to B-2, Urban Commercial Zoning District to allow the construction of a hotel on Assessor's Parcels 30-2C and 30-2D consisting of 1.48 acres, located on the south side of Derrick Lane approximately 400 feet east of Jefferson Davis Highway within the Aquia Election District. The Comprehensive Plan recommends the property for Urban Residential use, which would allow development of a variety of residential uses up to fifteen (15) dwelling units per acre. This request would allow development of commercial retail and office uses. See Section 28-35 of the Zoning Ordinance for a full listing of permitted uses in the B-2 Zoning District. (Time Limit: March 7, 2007) (Deferred to February 7, 2007 Work Session)
Mr. Cook stated Item 6 was deferred to the February 7, 2007 Work Session.
7. CUP2600560; Conditional Use Permit - Fairfield Inn & Suites - A request for a Conditional Use Permit to allow the construction of two hotels within the Highway Corridor Overlay Zoning District on Assessor's Parcel 30-2C, 30-2D, and 30-5 consisting of 5.34 acres, located on the east side of Jefferson Davis Highway, just south of Derrick Lane within the Aquia Election District. (Time Limit: March 7, 2007) (Deferred to February 7, 2007 Work Session)
Mr. Cook stated Item 7 was deferred to the February 7, 2007 Work Session.
8. SUB2501051; Lake View Estates, Preliminary Subdivision Plan – A preliminary subdivision plan for 22 single family residential lots, zoned A-1, Agricultural consisting of 87.53 acres, located on the west side of Rocky Run Road approximately 2,700 feet south of Warrenton Road on Assessor’s Parcels 44-12 and 44-13, within the Hartwood Election District. (Time Limit: February 27, 2007) (Deferred to February 7, 2007 Work Session)
Mr. Cook stated Item 8 was deferred to the February 7, 2007.
9. PAE2600704; Concept, LLC, Private Access Easement – A private access easement to serve
2 lots on 10.36 acres located on the north side of Marlborough Point Road approximately 1,400 feet east of the Brook Road intersection on Assessor’s Parcel 49-5A, within the Aquia Election District. (Time Limit: March 28, 2007)(Deferred to January 17, 2007 Regular Meeting)
Mrs. Hornung stated the only historical features in the area were the Tyler-Compton property and the Aquia Battlefield. She stated none of the historical features in the vicinity were being impacted by the division of the property or the Private Access Easement (PAE).
Mrs. Kirby asked if a Phase I Study had been requested.
Mrs. Hornung stated no.
Mrs. Kirby stated the only way to find out if there were historical features in the area would be to perform a Phase I Study.
Mrs. Hornung stated Phase I Study’s were not typically conducted on PAE’s.
Mr. Mitchell made a motion for approval. Mr. Rhodes seconded. The motion passed 7-0.
NEW BUSINESS:
10. SUB2600625; Williams Subdivision, Preliminary Subdivision Plan - A preliminary
subdivision plan for 13 single family residential lots, zoned A-2, Rural Residential, consisting of 14.55 acres located on the north side of Enon Road approximately 1,500 feet west of Wyatt Lane on Assessor's Parcels 45-125 and 45-125B within the Hartwood Election District. (Time Limit: February 28, 2007)(Deferred to February 21, 2007 Regular Meeting at the applicants request)
Mr. Cook stated Item 10 was deferred.
11. SUB2600093; Kensington Subdivision, Preliminary Subdivision Plan – A preliminary
subdivision preliminary plan for 18 single family residential lots, zoned A-1, Agricultural, consisting of 86.33 acres located on the south side of Storck Road approximately 800 feet west of Hartwood Road on Assessor's Parcel 25-34B within the Hartwood Election District.
(Time Limit: March 19, 2007)
Mrs. Ennis presented the staff report. She stated there would be seventeen single family lots served by private well and septic systems. She stated there were wetlands on the east side of the site and the Stormwater Management would be Low Impact Development (LID) and Bio-retention facilities would be used on seven of the lots. She stated access would be off of a state maintained road and staff recommends approval.
Mrs. Carlone asked what the restrictions were on the VEPCO easement which crossed several of the properties.
Mrs. Ennis stated the property owners could not build within the easement.
Mr. Pitzel asked if lot 14 met the 5:1 lot ratio.
Mrs. Ennis stated yes.
Mrs. Kirby asked what the structure was on lot 15.
Mrs. Ennis stated the engineer could address lot 15.
Mrs. Kirby asked if there was a booklet provided to the homeowner explaining LID.
Mr. Harvey stated Code Administration had been working on a booklet for homeowners.
Mrs. Kirby asked about the status.
Mr. Harvey stated he would discuss the status of the LID booklet with Code Administration.
Mrs. Carlone asked how the homeowner would know there was a one hundred-fifty foot easement on the back of the property.
Alex McCallister, Eastern Virginia Land Company, applicant, stated it would be factored into the selling price.
Mrs. Carlone asked how the property owner would know they could not impact the easement.
Mr. McCallister stated the information could be provided in the deed.
Mrs. Carlone asked if a metal sign could be placed on the property to mark the easement location.
Mr. McCallister stated he would agree to provide signs.
Mr. Pitzel asked the height of the towers.
Mr. Cook stated the transmission towers were one hundred-thirty five feet.
Mr. Pitzel asked if the towers were monopole or lattice.
Mr. McCallister stated the towers were lattice.
Mr. Pitzel asked if the property owner could do anything in the easement.
Mr. McCallister stated the property owner could have a garden or a driveway.
Mrs. Carlone made a motion for approval with the stipulation the metal signs were installed at the beginning of the easement on each lot. Mr. Rhodes seconded. The motion passed 7-0.
12. SUB2600500; Roy’s Estate, Preliminary Subdivision Plan – A preliminary subdivision plan
for 13 single family residential lots, zoned R-1, Suburban Residential, consisting of 8.93 acres located on the east side of Forbes Street approximately 200 feet south of Harrell Road on Assessor's Parcels 53-69, 53-70, 54-15, 54-15A, 54-16, 54-17, 54-17A and 54S-6-A within the Falmouth Election District. (Time Limit: March 19, 2007)
Mrs. Ennis presented the staff report. She stated the site would be served by public water and sewer. She stated access would be off of a proposed state maintained road and an existing state road. She stated there were no wetlands or streams on the site. She stated Strawberry Lane would be vacated. She stated staff recommends approval.
Mr. Rhodes asked how lots 11, 12, and 13 would be accessed.
Mrs. Ennis stated they would have direct access from Winterberry Drive.
Mr. Rhodes asked if those lots were still part of Roy’s Estates.
Mrs. Ennis stated yes.
Mr. Pitzel asked if there would be a Home Owners Association (HOA).
Mrs. Ennis stated there would be a HOA to maintain the Stormwater Management Pond.
Mrs. Kirby stated, in her opinion, there was a better name than Roy’s Estates.
Mr. Di Peppe asked if the site was suitable for LID.
Mrs. Ennis stated no.
Mrs. Carlone asked how long the site was an auto repair business. She stated her concern about the environmental impacts.
Mrs. Ennis stated Amber Forestier, Environmental Planner, was contacting The Department of Environmental Quality.
Wes Tyree, Dewberry, stated the family was not planning to continue operating Roy’s Auto much longer. He stated the intent was to clean up the site and make it into a nice estate.
Mr. Rhodes stated lots 11, 12, and 13 were awkward to be part of the development.
Mrs. Carlone stated in Lakeland Forest there were lots facing the main road which were not part of the entrance road and the homeowners fought to get out of the HOA because they were not benefiting from paying the HOA fees.
Mr. Di Peppe made a motion for approval. Mr. Mitchell seconded. The motion passed 6-1 (Mr. Rhodes was opposed)
MINUTES
January 3, 2007 Work Session
Mr. Mitchell made a motion for approval. Mr. Rhodes seconded. The motion passed 7-0.
January 3, 2007 Regular Meeting
Mr. Pitzel stated on Page 2, third paragraph, the point he was trying to make was that the building was designed to be a medical clinic.
Mr. Cook suggested adding in the statement “the building was designed as a medical clinic from the beginning.”
Mr. Pitzel stated on Page 4, the verb tense should be prohibit, not prohibited.
Mr. Mitchell made a motion for approval with the changes. Mrs. Carlone seconded. The motion passed 7-0.
PLANNING DIRECTOR’S REPORT
Mr. Harvey stated at the January 19, 2007 Board of Supervisors meeting the Board approved the removal of the Historic Resource Overlay District from the Glencairne property. He stated the Board deferred the Purchase of Development Rights (PDR) Ordinance. He stated on February 8, 2007 staff will hold a public information session for land owners regarding the PDR Ordinance.
COUNTY ATTORNEY’S REPORT
No report
SECRETARY/TREASURER REPORT
No report
STANDING COMMITTEE REPORTS
Mr. Pitzel stated on January 18, 2007 the Comprehensive Plan Steering Committee would discuss policies and on January 22, 2007 the staff would present the merged map for the Comprehensive Plan. He stated on January 29, 2007 there would be a discussion of mixed use town centers.
Mr. Di Peppe handed out a sheet which provided a summary of all the ordinances that were in front of the Planning Commission in 2006. He stated thirty ordinances had become law.
CONSENT AGENDA
SPECIAL COMMITTEE REPORTS
Mr. Di Peppe stated the Planning Staff and the County Attorney’s office had met with the Reservoir Protection Overlay Committee.
Mr. Mitchell stated there were a number of issues with the Reservoir Protection Overlay Ordinance.
CHAIRMAN’S REPORT
No report
ADJOURNMENT
Mrs. Kirby made a motion for adjournment. Mrs. Carlone seconded. The meeting adjourned at 8:40.