Land plan on hold

By Jim Lawrence
For the Stafford County Sun
Published: May 22, 2008

STAFFORD — The creation of a Potomac Resource Protection Overlay District proved to be a controversial subject at the May 20 meeting of the Stafford County Board of Supervisors.

The area would include both Widewater and Crow’s Nest peninsulas and would create guidelines that would affect any land use in that area, including about 11,000 acres of protected land.

Director of Planning and Zoning Jeff Harvey made the presentation to the board. Afterward, he was questioned extensively Cord Sterling, R-Rock Hill, and Mark Dudenhefer, R-Garrisonville.

Sterling asked if the plan were to protect the Potomac River, why weren’t all the waterways that emptied into that river. In reference to the acreage protected, he commented that it was a large amount of land that the county did not own that they were dictating the use of.

He made the point that if one’s land fell in the buffer zone, they would not be able to use that property. The county, in effect, would be taking away property rights from the owners.

If one wanted to build a “family neighborhood,” they could be hampered in doing so.

Then came the public hearing, in which nearly 40 people spoke. The majority urged the Board not to pass this ordinance, citing property rights, tax burdens, flawed methodology, and devaluation of property as primary reasons.

Property owners in the area who have had land in the family for an extended period of time expressed desires to pass on part of that land to descendants that they might build on that land.

Richard Nageotte, a Widewater resident for over 30 years, was blatant in his opposition. He saw the land as part of his retirement plan.

“You are in a position to destroy it,” he said. “I’m mad as Hell and I’m not going to take it anymore,” he said. He further called the boundaries of the district “gerrymandering” and stated that if the Board passed the ordinance that he would sue.

He singled out Bob Woodson, D-Griffis-Widewater, and Cecelia Kirkman, the Widewater planning commissioner of that district, as architects of the plan.
The plan was recommended by the Planning Commission by a vote of 4-3. Minutes of that meeting and the proposed ordinance can be found at http://co.stafford.va.us/bos/may2008/9.pdf.

Heather Stefl, a resident of Rock Hill district, echoed Nageotte’s comments concerning Kirkman, stating she had a conflict of interests in her role as commissioner and her Save Crow’s Nest organization role.

Nan Rollison stated prior attempts by boards in addressing the environmental concerns were unsuccessful. She urged approval of the resolution.

Aquia Harbor resident Jo Knight recommended disapproval of the ordinance, stating that the silt problem in the waterways, specifically Aquia Creek in this case, was there before the development.

On resident called the ordinance “absurd.” She stated that her family owned land in Widewater for over 100 years and now that they can do something with it, they shouldn’t be told they couldn’t.

Woodson said that there was a problem with runoff in the northern part of the county and “something had to done about it.”
He said the problem was caused by developers building on slopes and that the proposed ordinance was not to hurt present property owners.
The ordinance called for a 15 percent slope limit, which would be defined as a one foot drop for every six feet, according to a statement made in the Planning Commission minutes.

Planning commissioner Kirkman defended the manner in which they arrived at their recommendation and stated that the 15 percent slope was a result of a compromise.

Commissioner Pete Fields, George Washington, appeared, also stating that he felt the decision made by the board was made in the best interests of the county.

Several citizens cited economic reasons, indicating that setting aside property that could be used would render it unsellable and would devalue it. If that happened, assessments would drop and tax revenues also, thus affecting the entire county.

Other recommended a deferral until the economic impact of this ordinance could be evaluated.

Sterling motioned for a 60-day deferral, with a 25 percent slope as opposed to 15 percent, and with an economic analysis of the impact of the ordinance.

The ordinance was deferred while County Administrator Anthony Romanella and his staff can come up with some figures as to costs and a time frame which would be presented at the June 3 meeting.

Motion to defer was passed by a vote of 4-3, Milde, Joe Brito, I-Hartwood, and George Schwartz, D-Falmouth, dissenting.

New Andrew Chapel Road

The issue of New Andrew Chapel Road was discussed again.

Milde urged that the project be returned to the six- year secondary road improvement plan, and cited VRE access and the low service grade the present road has.

Dudenhefer stated that the omission of Andrew Chapel Road from the plan was “arbitrary (and) political.”

Woodson opposed the addition of New Andrew Chapel Road, saying it “facilitated development of Crow’s Nest.”

Harry Crisp, D-George Washington, opposed it, stating that $11 million for a road the county doesn’t need was too much.”

The six-year plan was eventually passed by a vote of 4-3, including the New Andrew Chapel Road, bridge replacement, and youth task force.
Brito, Woodson, and Crisp opposed it.

In other matters before the board:
• The issue of a property maintenance was discussed.
• A report on the Parks and Recreation Master Plan was presented by department director Chris Hoppe,in which the implementation of phases 3 and 5 of the Belmont-Ferry Farms was approved by a vote of 6-1, Brito dissenting.
• A discussion on the Urban Transportation Service District was held. This involved the county taking over road maintenance.
• A motion for the county to contribute $80,000 to the dredging of Aquia Creek was turned down by a vote of 6-1, Milde dissenting.
• One of the last items on the agenda was the business, professional and occupational license tax (BPOL).

At approximately 2 a.m., this item was deferred by a vote of 4-3, Brito, Woodson and Schwartz dissenting.
The next meeting of the Board will be at 1 p.m. June 3 in the Supervisors’ Chambers of the Government Center.

Jim Lawrence is a contributing writer at the Stafford County Sun. Reach him at .