The work session of the Stafford County Planning Commission of Wednesday, April 18, 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: None

Staff Present: Harvey, Judy, Stepowany, Schulte, Forestier, and Gregori

Declarations of Disqualification

None

OLD BUSINESS

Mr. Cook stated Mr. Rhodes and Mr. Di Peppe would be late due to traffic.

Mr. Di Peppe arrived at 5:35 p.m.

1. RC2600453; Reclassification – Stafford Business Park – A proposed reclassification from A-1, Agricultural to B-2, Urban Commercial Zoning District to allow commercial development of Assessor's Parcel 44-61 consisting of 3.0 acres, located on the north side of Warrenton Road across from Village Parkway within the Hartwood Election District. The Comprehensive Plan recommends the property for Light Industrial and Urban Commercial uses. The Light Industrial designation would allow light industrial, light manufacturing and office uses. 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 in the B-2 Zoning District. (Time Limit: June 19, 2007)(Deferred to the April 18, 2007 Work Session)

Clark Leming, Leming and Healy, stated it was not necessary to dedicate right-of-way to Truslow Road. He stated the applicant had proffered out seven uses but they did not understand the objection to a theater. He stated they proffered out carwashes but may comeback for a Conditional Use Permit (CUP). He stated it would not be practical to proffer the General Development Plan (GDP).

Mrs. Kirby stated the Planning Commission was only looking at the three acre site. She stated Bird/Cooke was still being discussed by the Board of Supervisors.

Mr. Leming stated the three acre site would be driven by the adjacent site. He stated the applicant proffered the architectural design. He stated they were not in a position to tell the Planning Commission exactly where the building would be on the site. He stated shopping centers needed flexibility. He stated this was a three acre parcel surrounded by commercial zoning.

Steve Teads, Stafford E & A, stated they did not know who the tenants would be.

Mrs. Carlone stated, in her opinion, it was difficult to approve an application without knowing what the site would look like.

Mr. Di Peppe stated he could not vote for it until he knew exactly what the site would look like.

Mr. Teads stated they would not know what the site would look like until they have contracts.

Mr. Di Peppe stated the Planning Commission asked every applicant to proffer the GDP.

Mr. Leming stated the Bird/Cooke reclassification did not proffer the GDP.

Mrs. Kirby stated the Bird/Cooke reclassification was still in front of the Board.

Mr. Leming stated this was in fill zoning.

Mr. Cook stated the applicant had proffered out a lot of uses. He stated he did not understand proffering out a movie theater.

Mr. Judy stated he believed Mrs. Carlone and Mrs. Kirby objected to an adult movie theater.

Mr. Leming stated the applicant agreed to proffer out adult businesses.

Mrs. Kirby asked if someone would be allowed to take the wood from the blacksmith’s shop that was currently on the site.

Mr. Teads stated that would be okay.

Mr. Mitchell stated citizens like commercial zoning because it helps with taxes.

Mrs. Carlone made a motion for denial. Mrs. Kirby seconded. The motion failed 3-4 (Mr. Pitzel, Mr. Rhodes, Mr. Mitchell, and Mr. Cook were opposed.)

Mr. Mitchell made a motion for approval. Mr. Rhodes seconded. The motion passed 4-3 (Mrs. Kirby, Mrs. Carlone, and Mr. Di Peppe were opposed).

2. SUB2501278; Kings Crossing, Preliminary Subdivision Plan – A preliminary subdivision plan for 15 single family residential lots, zoned A-1, Agricultural consisting of 66.21 acres, located on the southwestern corner of Shelton Shop Road and Courthouse Road on Assessor’s Parcel 28-2B, within the Rock Hill Election District. (Time Limit: May 2, 2007)(Deferred to the April 18, 2007 Work Session)

Mr. Harvey stated there was a signed restoration plan for the areas which were graded and part of the area would be a future sanitary sewer line.

Mrs. Kirby asked if the canopy trees could be more than two or three inches tall when planted.

Mrs. Forestier stated the number of trees being replanted was greater than the number of trees which were removed.

Mrs. Kirby asked when the restoration plan would be completed.

Jack Bailey, applicant, stated the restoration would begin in late October. He stated the Resource Protection Area (RPA) would have been disturbed anyhow. He stated the sewer line would be in place by June.

Mrs. Kirby asked about the location of Section 5.

Mr. Bailey stated it was at the western entrance of Augustine towards the back cul-de-sac.

Mrs. Kirby stated the project was not on Route 630.

Mr. Bailey stated no.

Mr. Cook stated the plan looked like it came in off of Lighthouse Drive.

Mrs. Kirby asked about possible civil charges for the grading.

Mrs. Forestier stated the County does not impose civil charges.

Mrs. Carlone stated, in her opinion, the Mr. Stonehill should have been fined for the grading.

Mrs. Kirby made a motion for approval. Mr. Mitchell seconded. The motion passed 6-0 (Mr. Rhodes was absent).

Mrs. Carlone stated she did not like waiting six months for the restoration.

Mrs. Forestier stated late fall or early spring was the best time to plant.

Mr. Rhodes arrived at 5:45 p.m.

ORDINANCE COMMITTEE

Item 1 Electronic Signs

Mr. Stepowany stated he would like Mr. Judy to discuss the changes that have been made to the Ordinance.

Mr. Judy stated last on April 11, 2007 he had a meeting with Jim Barrett and Alan Griffith of the Virginia Department of Transportation (VDOT) to discuss repairs to non-conforming billboards. He stated the basis for the meeting was to discuss the billboards which were on the list provided to the Planning Commission on April 4, 2007. He stated in 1994 all billboards greater than 50 feet became non-conforming. He stated when the Lamar Company applied for a building permit, VDOT showed it was conforming. He stated the apparent position of the Zoning Administration was that if the sign was non-conforming, they could upgrade as long as they were not adding to the non-conformity. He stated VDOT needed to be notified in writing about any changes to the Zoning Ordinance pertaining to billboards. He stated billboards could be upgraded to fifty percent of the cost of a new sign. He stated when a billboard was taken down; the owners could reuse the frame to save money. He stated VDOT does not include labor or equipment costs when determining the cost to repair the billboard. He stated VDOT and Code Administration now know all billboards larger than 50 feet are non-conforming.

Mrs. Kirby asked how this would be enforced.

Mr. Judy stated it was in the Virginia State Code.

Mr. Stepowany stated billboard owners could make fifty-percent upgrades every year.

Mrs. Kirby asked if the Planning Commission could require receipts for all upgrades to billboards.

Mr. Judy stated the City of Virginia Beach demanded receipts from billboard owners.

Mrs. Carlone asked how other localities have handled electronic signs.

Mr. Judy stated Lynchburg and Arlington were the only other localities currently dealing with electronic signs.

Mrs. Carlone asked if there was anyway to appeal to the Lamar Company to allow the County to use the signs for emergencies.

Mr. Judy stated that was a possibility.

Mr. Di Peppe stated if something happened to an electronic sign, it would more than likely cost more than fifty-percent of the price to repair it.

Mr. Judy stated that was a possibility.

Mr. Di Peppe stated there should not be anymore non-conforming signs in Stafford County.

Mr. Mitchell asked if VDOT had the list of non-conforming signs.

Mr. Judy stated the County would prepare an official letter to send to VDOT along with the Zoning Ordinance and a map.

Mrs. Kirby made a motion to set Item 1 for Public Hearing. Mrs. Carlone seconded. The motion passed 7-0.

Mr. Cook stated Item 1 would be held at the May 16, 2006 Public Hearing.

ADJOURNMENT

With no further business to discuss the meeting was adjourned at 6: 40 p.m.