The work session of the Stafford County Planning Commission of Wednesday, January 3, 2007, was called to order at 5:30 p.m. by Chairman William Cook in the Board of Supervisors Chambers of the County Administrative Center.

Members Present: Cook, Kirby, Pitzel, Mitchell, Carlone, Rhodes and Di Peppe.

Members Absent:

Staff Present: Harvey, Judy, Stepowany, Hornung, Schultis, Woolfenden and Gregori

Declarations of Disqualification

None

ORDINANCE COMMITTEE

1. Mr. Stepowany presented the Reservoir Protection Overlay Ordinance (RPOD). He stated the
Ordinance would amend Chapter 17 of the County Code, currently known as prohibited
activities at terminal reservoirs. He stated the current list of activities would be deleted and the use of de-nitrifying on-site disposal systems would be encouraged. He stated erosion and sediment control practices would be exempt for agricultural purposes when more than one acre was affected and followed the practices of the Tri-County Soil and Water Conservation District. He stated violators of the Ordinance would be guilty of a Class 3 misdemeanor. He stated Part 2 of the Ordinance would amend Section 28-61 to include purpose and intent, establishment of districts, district zones, and extent of RPOD. He stated uses permitted by-right would be allowed unless specifically limited as prohibited, and those which required a Conditional Use Permit (CUP) would be allowed to be requested unless specifically limited to where the use was prohibited. He listed the different zones associated with the Ordinance: the District Zone, the Reservoir Zone, the Buffer Zone, the Proximity Zone, and Water Shed Zone. He stated Section 22-87 would be amended to require the exact location of all zoning district, overlay districts and buffers. He stated there would be buffers for the Critical Resource Protection Area (CRPA), landscaping, and historic districts.

Mrs. Kirby asked for an explanation of de-nitrifying.

Patricia Kurpiel, Utilities Commission, stated a de-nitrifying system would remove nitrogen to an acceptable level. She stated the systems were required in the state of Maryland.

Mrs. Kirby stated citizens tend to not be happy about the cost of systems. She stated, in her opinion, de-nitrifying systems should be left out of the Ordinance.

Mr. Cook asked why de-nitrifying systems were not mandatory.

Mrs. Kurpiel stated the systems were fairly expensive.

Mr. Judy stated the Commonwealth of Virginia establishes sewer criteria.

Mr. Pitzel stated there was a typo on page 3, Item D of the proposed Ordinance was supposed to be two hundred feet, not one hundred feet.

Mr. Stepowany stated one hundred feet was correct.

Mrs. Kurpiel stated the Reservoir Sub-committee and Utilities Commission had gone back and forth in deciding the distance.

Mr. Pitzel stated Stafford County had a leash law, but in his opinion banning animals around the reservoir would be hard to enforce.

Mr. Di Peppe stated the sub-committee read a lot of literature from other localities and fecal matter was a problem in the reservoirs. He stated skin contact from people swimming in reservoirs was harmful to the water quality.

Mr. Pitzel stated there would have to be a two hundred foot buffer for termite sprays.

Mrs. Kurpiel stated that would be the standard for the whole overlay district.

Mr. Stepowany stated termite sprays would be prohibited though-out the drainage basin. He stated a Baited System, a solid chemical, was recommended.

Mr. Pitzel stated photo processing would be prohibited in the RPOD. He asked if that pertained to computer photo processing.

Mr. Judy suggested adding the words “or eliminate” to the Ordinance so citizens could use computer photo processing systems.

Mr. Pitzel stated that would be acceptable.

Mr. Di Peppe stated he appreciated the work of the sub-committee and Planning Department. He stated it was important to protect the water supply.

Mrs. Kirby asked why two hundred feet was changed to one hundred feet

Mrs. Kurpiel stated the spill way where water was released could be dangerous to fishermen.

The Planning Commission discussed the safety issues of the spill way.

Mr. Harvey stated the Planning Commission did not have the authority to change the distance to two hundred feet since it was decided by the Utilities Commission. He stated the Planning Commission could make a recommendation. He stated there were about two thousand property owners in the RPOD who would have to be notified before it could go to public hearing,

therefore it would be best to work with the Board of Supervisors and the Utilities Commission on the Ordinance.

Mrs. Kirby stated in her opinion it sounded more like a political issue than a safety issue.

Mr. Rhodes suggested getting all the governing bodies together before the mass mailing.

Mr. Cook made a motion to retain Item 1 in committee. Mrs. Carlone seconded. The motion passed 7-0.

2. Mr. Stepowany presented the Traditional Neighborhood Development (TND) Ordinance. He
stated the Ordinance would amend the Zoning Ordinance to permit a TND in the PD-1 and PD-2 Zoning Districts and a CUP would be required for a TND in the B-2 zoning district. He stated there were changes to the Ordinance since the December 6, 2006 Planning Commission Work Session. He stated the minimum tract size for the PD-1 would be 550 acres if not adjoining a rail station and the maximum tract size for a PD-1 would be 1,000 acres if adjoining a rail station and proposed golf course. He stated there were changes to Section 103, amendments approved by the Board of Supervisors, Page 15, parking and storage facilities for bicycles, Page 16 architectural materials would be determined by the Neighborhood Design Standards, Page 19 and 21 provisions for pipe-stem lots, and Page 21 (f)(3) signs per the Zoning Ordinance, Page 29 uses within transect zones permitted by-right or special exception, the Planning Commission does not have the authority to approve a use, Page 34 table 2.2 parking for bicycles based on use not by the number of required parking spaces, facilities to park the bikes must be with the use. He stated the Regulating Plan delineates the transect zone and there would be specific development regulations for each transect zone.

Mr. Cook stated the PD-1 could be 500 acres if located next to a rail station.

Mr. Stepowany stated the PD-1 would be 800 acres if located next to a rail station but not a golf course.

Mrs. Kirby stated the architectural materials would be determined by the Neighborhood Design Standards because of a lawsuit.

Mr. Stepowany stated because of a lawsuit the Planning Commission cannot limit the materials used. He stated the Planning Commission could limit the materials prohibited and the building materials could be proffered.

Mrs. Kirby stated the Planning Commission could require the same materials used in the Highway Corridor Overlay District.

Mr. Judy stated localities could have design standards for industrial and commercial zones but not residential.

Dan Sloan, McGuire Woods Law Office, stated a Home Owners Association in Suffolk, Virginia challenged the city in court. He stated the Planning Commission could not prohibit certain materials except through proffers.

Mrs. Kirby stated the Planning Commission could vote no on proffers.

Mr. Sloan stated yes.

Mrs. Kirby stated she was concerned about pipe-stems.

Mr. Stepowany stated pipe-stems were requested by a group of developers.

Mrs. Carlone stated, in her opinion, pipe-stems were not a good idea.

Mrs. Kirby recommended the pipe-stems be removed from the Ordinance.

Mr. Stepowany stated that would be acceptable.

Mr. Pitzel stated essentially the TND would be a cluster in the PD-1 and PD-2 zones. He stated Mr. Stepowany had done a great job pulling a lot of information together.

Mr. Stepowany stated making the TND a separate zoning category would affect the Comprehensive Plan.

Mr. Cook stated he and Mrs. Kirby met with Ted Smart, creator of the Smart Code. He stated Mr. Smart was willing to meet with the Planning Commissioners and Board of Supervisors.

Mrs. Kirby stated TND would be mainly located around rail stations.

Mr. Stepowany stated there were TND which were successful and not located near a rail station.

Mrs. Kirby stated the TND Ordinance made more sense to her once she meant with Mr. Smart.

Mr. Cook made a motion to retain Item 2 in committee. Mrs. Kirby seconded. The motion passed 6-1 (Mr. Pitzel was opposed).

Mr. Cook stated the entire Work Session on February 21, 2007 would be dedicated to the TND Ordinance. He stated Lakeview Estates would be moved from the February 21, 2007 Work Session to the February 7, 2007 Work Session.

NOMINATING COMMITTEE

Mr. Cook stated he would adjourn the work session to allow the Nominating Committee fifteen minutes to meet and discuss nominations.

ADJOURNMENT

With no further business to discuss the Planning Commission Work Session was adjourned at 6:45 p.m.