Administrative error forces supervisors to toss subdivision-ordinance amendment back to Planning Commission

Date published: 2/8/2006

By MEGHANN COTTER

A proposed change to the Stafford subdivision ordinance is headed back to the Planning Commission for the second time.

The Board of Supervisors had been scheduled to hold a public hearing last night on the amendment, which would require preliminary subdivision plans to include more details about well and septic system locations.

But County Attorney Joe Howard advised the supervisors in a closed session that an administrative error could weaken their stance if the ordinance was challenged in court after the board had made a decision.

The matter faced such challenges once before when it came before the board at the end of 2005. The county determined then that the amendment needed some rewording before it could go forward. A revised version went in early January to the Planning Commission, which voted 6-1 to recommend it to the supervisors.

When the ordinance was advertised for public hearing, the old version was handed out to some residents who asked to see it. County Administrator Steve Crosby said it is unfortunate that the board's review of the ordinance will be put off longer. But making sure the issue follows the proper procedure is important.

The ordinance has already sparked passionate debate between developers and environmental advocates.

Developers object to the proposal, saying it would drive up the cost of housing and create additional headaches in an already complicated process.

Conservationists contend it will encourage responsible growth.

Local residents have been most concerned with the ordinance's impact on the subdivision plan for Crow's Nest, the pristine, 4,000-acre peninsula between Potomac and Accoceek creeks in eastern Stafford. K&M Properties of McLean, which is developing the area as Stafford Lakes Limited Partnership, has suggested that approval of the ordinance would force substantial revision of its subdivision application.

But county officials say changing the ordinance is important for all future housing developments. As of Jan. 11, there were 24 other applications on file that would be affected by the amendment.

Under the current subdivision rules, developers can just show proposed sites for well and septic systems on a preliminary subdivision plan. They don't have to specify Health Department-approved locations until the final plat.

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Date published: 2/8/2006