Stafford planning commissioners are recommending that supervisors tighten the boundary of the Urban Services Area--a move that could restrict growth, but might create legal head-aches.
The USA is the area where the county has, or plans to extend, public water and sewer. For the most part, the area is concentrated in the center of the county, encompassing the Interstate 95/U.S. 1 corridor, with zones extending along U.S. 17 and Garrisonville Road. The area is expected to hold the lion's share of future development.
While revising the county's comprehensive plan, the Planning Commission determined that the current USA boundaries are more than sufficient for 20 years. They said slated boundary expansions are no longer necessary.
"We're an advisory body." Planning Commissioner Arch Di Peppe said. "You ask us our opinion. We suggested tightening the USA, because it's huge."
In Di Peppe's opinion, the USA is still huge, even after being redrawn. Trouble is, some property owners are banking on county water and sewer for their approved developments. If the new boundaries are accepted, they could be left high and dry on the wrong side of the line.
Stafford County supervisors have been haggling over the recommended boundary changes, but have been reluctant to codify them.
"You can't tell someone we've changed our mind after they've spent money and moved forward in good faith," Supervisor Paul Milde said.
Which leads to the Silver Cos.' 807-acre Sherwood Forest property, a former farm on State Route 3 east of Fredericksburg, which has been slated for inclusion in the USA since 1988. It isn't the only property suggested for removal from the USA, but it is a significant area the county has long designated as having potential for development.
Compounding the problem is the fact that a subdivision with public water and sewer has been approved on the property, and installation of water lines is under way.
Charlie Payne, an attorney with the firm Hirschler Fleischer who represents the Silver Cos., addressed the Board of Supervisors earlier this month. He suggested that excluding Sherwood Forest from the USA could result in a challenge from the developer.
The USA is not yet set in stone, and supervisors are exploring language that would essentially grandfather public water and sewer rights to vested lots, even if they end up outside the revised USA.
"We spent a long time and took a hard look at this stuff," Di Peppe said. "We have the luxury of recommending what is best for the county. The board has to make it work in the real world."
Those real-world concessions will probably soften the intended impact of shrinking the USA, but could spare the county lawsuits.
As supervisors work through the recommended changes to the USA, some have questioned the timing of the process. Planning commissioners sent the land-use map, which includes the USA, to the Board of Supervisors ahead of the entire comprehensive plan.
Di Peppe said it was simply a matter of being finished with the map. The comprehensive plan revision has been going on for nearly three years. Meanwhile, the county continues to make decisions based on an older land-use map.
"We thought [the map] was ready for recommendations," Di Peppe said. "The county has been using the same map since 1988."
Milde questioned the efficiency of approving the comprehensive plan piecemeal. He also questioned the motives of the Planning Commission.
"They're excited about what they're doing," he said. "The Planning Commission is in a hurry to force this vision of 'no growth' in Stafford, whether it's residential or commercial. Their radical no-growth agenda won't work. It causes problems elsewhere in the county."
Ultimately, supervisors may have to deal with the USA all over again once they receive the complete comprehensive plan, so the discussion is likely to continue.
Jonas Beals: 540/368-5036
Email: jbeals@freelancestar.com