STAFFORD COUNTY PLANNING COMMISSION MINUTES 
September 19, 2007

The regular meeting of the Stafford County Planning Commission of Wednesday, September 19, 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, Rhodes, and Di Peppe

MEMBERS ABSENT:       None

STAFF PRESENT:          Harvey, Judy, Baker, Stepowany, Hornung, Schulte, Hamock, and Gregori

DECLARATIONS OF DISQUALIFICATIONS:

None

PUBLIC PRESENTATIONS:

Patricia Kurpiel, Friends of Stafford Creek, stated she would like to re-look at public institutions in T-2 zone within the Traditional Neighborhood Design (TND). She stated, in her opinion, the libraries, schools, and recreation facilities belong closer to populated areas. She stated the definition of allocated density was: gross track plus gross acreage. She stated the Planned Urban Development model used allocated density. She stated we did not have a Transfer of Development Rights (TDR) in process, and the developer would not consider transferring density. She stated the Board of Supervisors uses Transfer of Development Rights (TDR) and Purchase of Development Rights (PDR) to save rural areas. She stated the Planning Commission should consider the TND Ordinance apply only to infill and contiguous development.   She stated if we do not have 4 to 5 units per acre, we will not get bus service. She stated the Planning Department should use the TND the smartest way we can.

Nan Rollison stated we need to find a balance for prosperous and healthy environment and TND was giving developers all the cookies without the TDR program. She stated Albemarle and Blacksburg Counties are passing the TDR.

PUBLIC HEARINGS:

1.                        Comprehensive Plan Compliance Review – Channel Cove - 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 T-Mobile Communication to co-locate telecommunication antennas onto an existing Dominion Virginia Power Transmission Tower on Assessor's Parcel 21B-519, located on Channel Cove, approximately 200 feet east of Aquia Drive in the Aquia Election District. (CANCELLED)

2.                        Comprehensive Plan Compliance Review – Harpoon Drive - 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 T-Mobile Communication to co-locate telecommunication antennas onto an existing Dominion Virginia Power Transmission Tower on Assessor's Parcel 21B-1492, located on Harpoon Drive, approximately 200 feet east of Victoria Drive in the Aquia Election District.

Jamie Stepowany presented the staff report. He stated the applicant would like to collocate nine telecommunication antenna panels onto an existing VEPCO transmission tower. He stated the height of the existing tower was 105 feet and the height of the antenna panels would be 100 feet.  He stated the compound area within the base of the transmission tower would be fenced. He stated there was direct access from Harpoon Drive. He stated staff recommends collocation onto existing transmission tower and recommends having telecommunication facilities at a distance from residences. He stated the tower was located near the center of a 33 acre open space, owned by Aquia Harbour Home Owners Association and provides wireless service to Aquia Harbour and Widewater areas.

Mrs. Carlone asked if there were any water tower in the area.

Mr. Stepowany stated no, the water towers were 100 feet away.

Mr. Pitzel asked if there would be an enclosure at the base of the tower.

Mr. Stepowany stated yes with a privacy fence.

Mrs. Carlone asked what materials would be used.

Mr. Stepowany stated board on board wooden fence.

Mrs. Kirby asked the location of Channel Cove tower.

Mr. Stepowany stated that tower was on the same line just north of Government Island.

Mrs. Kirby asked if it was about one mile.

Mr. Cook stated it was approximately one and one half mile.

Mr. Mitchell asked if there was a bond put on this for maintenance. 

Mr. Stepowany stated there were no requirements for co-location. He stated there was more coverage needed for larger capacity and the map shows a larger coverage area. He stated to get more coverage would require going higher on existing structures such as transmission lines or water towers.

Matt Chaney representing T-Mobile stated he would answer questions.  

Mrs. Carlone asked if the fence could be white plastic fencing for aesthetics.

Mr. Chaney stated T-Mobile can do white plastic fencing.

Mr. Pitzel asked if only T-Mobile customers would benefit from this coverage.

Mr. Chaney stated yes.

Mr. Pitzel asked if there was coverage by Virginia Railway Express (VRE).

Mr. Chaney stated no due to the height.

Mrs. Kirby asked if there was already coverage provided to Aquia Harbour and Widewater.

Mr. Stepowany stated he did not know if Nextel had coverage in Aquia Harbour, but this coverage was only for T-Mobile.

Ms. Kirby asked if each company would need its own pole for coverage.

Mr. Stepowany recommended co-location on transmission tower.

Mrs. Kirby asked about the tax ramifications that benefit Stafford County.

Mr. Harvey stated we would have to check with Commissioner of Revenue.

Mr. Chaney stated the questions that had been removed did not apply to the application.

Mr. Mitchell asked what T-Mobile was looking for in the white area of the map.

Mr. Chaney stated he was not sure of what was over there and did not have information so he could not answer the question. He stated T-Mobile wanted to give credence to customer complaints, such as dropped calls in that area.

Mr. Mitchell asked if T-Mobile had made arrangements or paid any money to the Homeowners Association (HOA).

Mr. Chaney stated yes.

Mr. Cook stated the white area on the map was Widewater.

Mr. Cook opened the public hearing.

Nan Rollison stated the fish and wildlife recommend co-location and stated the Planning Commission should look at long range plans of the number of towers that are going there in the future. She stated that poles could be used as habitat homes. She stated this was a very nice piece of land and would be glad to offer a CD on managing Utilities Right of Way to T-Mobile.

With no one else coming forward Mr. Cook closed public hearing.

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

3.            CUP2700542; Conditional Use Permit - Vulcan Westlake - A request for a conditional use permit to allow a street within a Flood Hazard (FH) Overlay District, specifically to provide access across Horse Pen Run to the proposed Vulcan Quarry on part of Assessor's Parcels 35-21, 23 and 24 consisting of 8.2 acres, located on the south side of Warrenton Road, west of Holly Corner Road and along Cedar Grove Road within the Hartwood Election District. (Time Limit: December 17, 2007)

Kathy Baker presented the staff report. She stated there was a proposed quarry site in 1989. She stated the access road to the quarry would cross Horsepen Run, there would be a 70-foot wide easement with, 30-foot road width, and 10,800 foot road length. She stated the crossing would include box culverts. She stated the access road was regulated by the Virginia Department of Mines and Minerals. She stated the Floodplain Study indicates potential net increase in base flood elevations to exceed 1 foot, with a maximum increase of 2.4 feet. She stated no dwellings or structures are located within the proposed increase in base flood elevation and increased elevation would not impact any adjacent properties. She stated the proposed conditions include: Location of street crossing shall be in general location as shown on GDP, applicants to obtain all state, federal, and local permits for stream encroachment, water quality, wetlands, land disturbance, and Chesapeake Bay overlay requirements, applicants shall obtain Conditional Letter of Map Revision (CLOMR), construction of road crossing limited to 6am to 8pm, applicant shall submit MWQIA, and applicant shall notify Code Administration prior to construction. She stated staff believes the request, with the proposed conditions, meets the standards for issuance of the permit. She stated there are no impacts to adjacent parcels and staff recommends approval of the application with conditions specified in R07- 399.

Mrs. Carlone asked what the normal procedure was after we approve the CUP. She stated when the Planning Commission approved Westlake there were no conditions put on the road. She asked why the CLOMR was not provided

Mrs. Baker stated that application was a special exception and is now it is a Conditional Use Permit. She stated that if this application was approved then the applicant would provide the CLOMR.

Mrs. Carlone stated, in her opinion, this was not a temporary road.

Mrs. Baker stated the road would last as long the quarry was operating.

Mrs. Kirby stated, in her opinion, it was not a temporary road.

Mr. Harvey stated the road was permitted by the Army Corps of Engineers, as long as the mine site

was operating.

Mrs. Kirby stated that Vulcan on Garrisonville Road operated for 25 years and it was not a temporary site.

Mrs. Baker stated the site would be reclaimed, and as stated by the Army Corps of Engineers this

would qualify as a temporary road.

Mrs. Kirby stated it was not fair to the citizens of Stafford County.

Mrs. Baker stated the issue being discussed was the flood plains and elevation.

Mrs. Kirby stated the CLOMR map showed the impacts.

Mr. Di Peppe asked if the culverts would be removed once the temporary road was no longer in use.

Clark Leming, Leming & Healy, stated Cedar Grove Lane would be the primary access to the quarry. He stated Cedar Grove Lane would be improved and the portion of the road the Planning Commission was concerned with was private and strictly for use by Vulcan. He stated a CUP was required to increase the base flood elevation at Horse Pen Run. He stated the Box Culverts would cause a rise in the base flood level. He stated the floodway range was between 1 and 8 feet. He stated the FEMA Zone A had a 1% chance of flooding at this location and the crossing was designed to have the least impact in regards to the road. He stated there would be no special treatment because the road was temporary. He stated if the road was retired, the culverts would be removed and the road would be closed. He stated one major users of the quarry site would be Rocky Pen Reservoir. He stated FEMA would not accept the CLOMR until the Planning Commission approved the CUP.

Mrs. Kirby stated, in her opinion, the reclamation time was not within the scope of time to be considered temporary.

Walter Beckwin stated at the time the mine was exhausted the box culverts would be removed, the water levels would be adjusted, bringing back the original contours,  the base would be removed from the road, reseeded if needed, and new trees would be planted.

Mrs. Kirby stated that coming in on Richard Ferry Road would have negated this.

Mr. Leming stated that was not in compliance with the proffers.

Mr. Cook opened the public hearing.

With no one coming forward the public hearing was closed.

Mrs. Carlone asked what the hours of operations would be.

Mr. Leming stated the hours of operation were from 6:00 a.m. to 8:00 p.m., but that only applies to road construction.

Mrs. Carlone made a motion for approval. Mr. Rhodes seconded. The motion passed 7-0.

UNFINISHED BUSINESS:               

4.            Amendment to the Comprehensive Plan – Centreport Gateway – A proposed amendment to the Land Use Plan map component of the Comprehensive Plan. The proposed amendment would redesignate      Assessor’s Parcel 37-25 from Light Industrial, Suburban Residential, and Resource Protection land use to Urban Commercial and Resource Protection land use consisting of 51.25 acres, located on the west side of Interstate 95 separated in two parts by Centerport Parkway within the Hartwood Election District. The Urban Commercial designation would allow development of commercial retail and office uses. (Time Limit: October 16, 2007)(Deferred to the October 3, 2007 Work Session at applicants request)

Mr. Cook stated Item 4 was deferred to the October 3, 2007 Work Session.

5.            RC2700199; Reclassification – Centreport Gateway - A proposed reclassification from A-1, Agricultural to B-2, Urban Commercial Zoning District to allow for the development of a commercial office park to include a mix of offices, retail commercial uses, and a hotel on Assessor's Parcel 37-25 consisting of 51.25 acres, located on the west side of Interstate 95 separated in two parts by Centreport Parkway within the Hartwood Election District. The Comprehensive Plan recommends the property for Light Industrial, Suburban Residential, and Resource Protection uses. 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 uses in the B-2 Zoning District. (Time Limit: October 16, 2007) (Deferred to the October 3, 2007 Work Session at applicants request) 

Mr. Cook stated Item 5 was deferred to the October 3, 2007 Work Session.

 6.           Comprehensive Plan Amendment - Stafford Town Station – A proposed amendment to the Land Use Plan map component of the Comprehensive Plan. The proposed amendment would redesignate Assessor’s Parcel’s 38-29, 38-29A, 38-121, 38-121A, 38-122, 38-122A and 38-124 from Light Industrial, Rural Residential, and Resource Protection to Urban Commercial, Urban Residential, and Resource Protection Land Use and extend the Urban Services Area to comprise the above referenced parcels. The proposed amendment would be for the purpose of developing a P-TND, Planned Traditional Neighborhood Development. (Time Limit: November 13, 2007) (Deferred to October 11, 2007 Work Session)

Mr. Cook stated Item 6 was deferred to the October 11, 2007 Work Session.

7.            RC2700296; Reclassification - Stafford Town Station - A proposed reclassification from A-1, Agricultural Zoning District and B-1, Convenience Commercial Zoning District to P-TND, Planned Traditional Neighborhood Development Zoning District on Assessor's Parcels 38-29, 38-29A, 38-121, 38-121A, 38-122, 38-122A and 38-124 consisting of 562.58 acres, located on the east side of Jefferson Davis Highway approximately 300 feet south of American Legion Road and along Eskimo Hill Road within the Aquia Election District. The Comprehensive Plan recommends the property for Light Industrial use which would allow a variety of industrial manufacturing and office uses. The Rural Residential designation would allow development of three (3) acre lots for single family residential use. The Resource Protection designation would require stream protection buffers along all streams that exhibit perennial flow characteristics. See Section 28-35 of the Zoning Ordinance for a complete listing of permitted uses in the P-TND Zoning District. (Time Limit: November 13, 2007) (Deferred to October 11, 2007 Work Session)  

Mr. Cook stated Item 7 was deferred to the October 11, 2007 Work Session.

8.            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 January 1, 2008 Regular Meeting at the applicants request) 

Mr. Cook stated Item 8 was deferred to the January 9, 2008 Regular Meeting.

9.                        SUB2600178; Aquia Overlook, Section 3 Revised, Preliminary Subdivision Plan - A revised preliminary subdivision plan for Section 3 with 36 single family residential lots, zoned A-1, Agricultural and A-2, Rural Residential, consisting of 102 acres located on the north side of Decatur Road across from Indian View Court on Assessor's Parcels 31-13D, 15A and 16 within the Griffis-Widewater Election District. (Time Limit: November 27, 2007) (Deferred to September 19, 2007 Work Session)        

Mr. Cook stated Item 9 was deferred to the October 17, 2007 Work Session.

NEW BUSINESS:

None

MINUTES

None

PLANNING DIRECTOR’S REPORT

Mr. Harvey asked if we should advertise and televise the October 11, 2007 Work Session.

Mr. Cook stated yes.

Mr. Harvey stated at the Board of Supervisors meeting on September 18, 2007 there was discussion of the Comprehensive Plan review concerning the state requirements for build out in the Urban Service Area, consider 10 acre density with Purchase of Development Rights and Transfer of Development Rights. He stated the Planning Commission would hold a meeting on October 8, 2007 to discuss Comprehensive Plan revision. He stated the Planning Commission should look at the winter schedule.

The Planning Commission voted to amend there winter schedule.

Mr. Cook moved the second meeting in November to November 28, 2007 and stated the January meeting would be changed to January 9, 2008 and January 23, 2008.

COUNTY ATTORNEY’S REPORT

Mr. Judy stated today was National Talk Like a Pirate Day, other than that no report.

SECRETARY/TREASURER REPORT

No report

STANDING COMMITTEE REPORTS

Mr. Pitzel stated there would be a special presentation of the Urban Development Area at the October 8, 2007 Planning Commission Meeting to discuss the Comprehensive Plan Review.

CONSENT AGENDA

None

SPECIAL COMMITTEE REPORTS

Mrs. Carlone asked about the reservoir.

Mrs. Baker stated the Reservoir Protection Overlay District was still in committee with the Board of Supervisors.  

Mr. Di Peppe asked if the Planning Commission could continue discussion of the TND Ordinance modifications.

Mr. Cook stated yes.

Ordinance Committee Continued

Mr. Stepowany recommended the Planning Commission continue Ordinance Committee discussion on P-TND.

Mrs. Carlone stated Mr. Stepowany should address the points that Patricia Kurpiel brought up.

Mr. Di Peppe stated they were already addressed at Work Session.

Mrs. Carlone stated the density in T-2 should be eliminated.

Mr. Stepowany stated staff disagrees. He stated there should be larger facilities in open zones.

Mr. Di Peppe stated the TND only requires three transect zones.

Mr. Stepowany stated T-2 can be in the middle of T-3 and maximum lot coverage requires each transect zone to have maximum lot coverage. 

Mr. Di Peppe asked if there was anyway to overcome that.

Mr. Stepowany stated from what he has seen T-2 was used for more public area. He stated each transect zone has a maximum lot coverage zone. He stated T-5 and T-6 were greater then T-3 and T-4 and T-2 was not used if there are public facilities in T-2.

Mr. Stepowany stated there was Muse, green area between groups of houses which was open area with the garage behind the house.

Mr. Cook stated under section 28-35, table 3.1, the following uses permitted be right should be stricken: dormitory schools, funeral homes, golf courses, green houses, stables, vehicle fuel sales/auto repair.

Mr. Pitzel asked what was wrong with fuel sales. He stated one place close to home to buy gas was good.

Mr. Cook stated fuel sales could be permitted with a CUP.

Mrs. Kirby asked what high intensity retail would be.

Mr. Stepowany stated such as gift shops or convenient stores.

Mr. Cook stated definitely remove stables, funeral homes, and golf courses.

Mr. Pitzel stated the whole point of the TND was to be compact and a golf course was not compact.

Mr. Cook stated that a college with no dormitory would be acceptable.

Mr. Di Peppe stated a college would bring people in from outside the community.

Mr. Cook stated that vocational schools have no business in TND.

Mr. Stepowany stated Strayer College was a good example of a professional school.

Mrs. Carlone stated colleges and vocational schools bring people in.

Mr. Pitzel stated schools should be left in TND.

Mr. Di Peppe stated funeral homes, stables, golf courses, and green houses are to be taken out of the TND.

Mr. Rhoades stated he agrees.

Mr. Harvey stated to bring TND back to 10/3/2007 Work Session.

Mr. Cook stated TND can go to Public Hearing November 7, 2007.

Mr. Di Peppe mad a motion to approve O07-71 for Public Hearing. Mr. Mitchell seconded. The motion passed 7-0.

CHAIRMAN’S REPORT 

No Report

ADJOURNMENT

With no further business to discuss Mrs. Kirby made a motion to adjourn. Mr. Mitchell seconded. The meeting was adjourned at 9:19 p.m.