033-24 (RussellStephensCityDevelopmnt-AboveGroundUtilityLines) RESOLUTION
January 10, 2024
WHEREAS, on November 10, 2011, a special three-judge panel of the Frederick
County Circuit Court, sitting pursuant to Virginia Code § 15.2-3000, entered a Consent
Final Order in the matter of County of Frederick v. Town of Stephens Cit , Case
Number CL09-622, the Consent Final Order resolving disputes between Frederick
County and the Town of Stephens City regarding the Town's 2005 annexation of certain
territory in the County; and
WHEREAS, the Consent Final Order referenced the Town Council's adoption of
amended proffer statements for certain property located in the land area subject to the
2005 annexation, including for the property known as Russell-Stephens City, 124.69±
acres located in the northernmost portion of the Town, between U.S. Route 11 and the
CSX railroad; and
WHEREAS, the proffer statement for the Russell-Stephens City property
provided that development of the property be in general conformance with a
development plan attached to the proffer statement; and
WHEREAS, the development plan, a copy of which is attached hereto, included a
provision stating, "Ali proposed utilities to be placed underground"; and
WHEREAS, the Town has advised that the developer seeks only to bury some
utility lines on the Russell-Stephens City property, along Route 11, at the front of the
development; and
WHEREAS, the Town seeks assurance from the County that the County does
not consider the final decision on what portion of these lines are buried or aboveground
to be contrary to the development plan or proffer statement for the Russell-Stephens
City property, or contrary to the Consent Final Order.
NOW, THEREFORE, BE IT RESOLVED THAT that the County does not
consider the presence of aboveground or buried,utility lines at the Route 11 frontage of
the Russell-Stephens City property to be contrary to the development plan or proffer
statement for the Russell-Stephens City property, or contrary to the Consent Final Order
entered in the matter of County of Frederick v. Town of Ste hens City, Case Number
Res. No. 033-24
CL09-622, in the Frederick County Circuit Court, and defers to the Town's final decision
on what portion of the lines will be above or below ground.
Approved this 10th day of January 2024.
Josh E. Ludwig, Chairman Aye John F. Jewell Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Blaine P. Dunn Aye Robert T. Liero Aye
Judith McCann-Sfaughter Aye
A COPY ATTEST
Michael L. Bollhoefe
Frederick County ministrator
Res. No. 033-24
COUNTY OF FREDERICK
r
Roderick B. Williams
County Attorney
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540/722-8383
173 8 Fax 540/667-0370
173
E-mail rwillia@fcva.us
MEMORANDUM
TO: Board of Supervisors
FROM: Roderick B. Williams, County Attorney
DATE: January 2, 2024
RE: Russell-Stephens City development— aboveground utility lines
Attached please find a proposed resolution confirming that the Board does not consider
the presence of aboveground utility lines serving the Russell-Stephens City development to be
contrary to the development plan or the proffer statement that are included as part of a 2011
consent final order between the Town of Stephens City and the County. By the resolution, the
County would be indicating that it is deferring to the Town on this narrow matter. The 2011
consent final order resolved disputes between the Town and the County relating to the Town's
rezoning of the Russell-Stephens City development following the Town's annexation of the
property in 2005. The Town advises that, based on engineering decisions by the project
developer, some utility lines serving the Russell-Stephens City development, especially those
nearby or along Route 11, at the front of the development, have remained aboveground. The
matter relating to the utility lines has no financial impact on the County and relates solely to the
appearance of the Route 11 corridor in the Town of Stephens City and the areas directly
proximate to the Russell-Stephens City Development. Board action on the proposed resolution is
requested.
Attachment
cc: Michael L. Bollhoefer, County Administrator
107 North Kent Street • Winchester, Virginia 22601
Bn 38PGO416
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