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Commission recommends approval of Stonehaven proffer amendment after road-maintenance language negotiated

3766743 · April 10, 2025

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Summary

The Planning Commission recommended approval of a proffer amendment for the Stonehaven (formerly Clevengers) residential development, contingent on the applicant and county finalizing a mutually agreeable approach to maintenance of several utility/HOA roads that were the subject of negotiation.

The Culpeper County Planning Commission on April 9 recommended approval of a proffer amendment for the Stonehaven planned unit development (formerly Clevengers Village). The amendment revises lot layout, reduces overall land disturbance, and alters several proffers including a $1,000,000 contribution to Habitat for Humanity of Culpeper (per applicant presentation) and changed timing for certain construction and amenity obligations.

The request (case Z40325-6) covers the southern residential portion of the Stonehaven project and follows an earlier application and deferral. Planning staff reported they were in active negotiations with the applicant on a final wording for who would maintain several new roads shown on concept maps (labelled in the materials as red, green and blue roads). Staff and the applicant told commissioners the remaining open issue concerned a length of road that originally could have been accepted into the state system but, because lots were relocated, no longer qualifies for VDOT maintenance and would therefore add several thousand feet of paved surface the county would be asked to maintain.

Brian Prater, counsel for the applicant’s team, and representatives from Lennar and its consultants described changes the amendment would make: a revised lot layout that reduces total disturbance and removes a substantial stream crossing; relocation of the community clubhouse to a more central site so the amenity can be deferred briefly while improving overall design; and a change to how Habitat for Humanity support would be handled. The applicant said rather than convey eight lots to Habitat for Humanity the project would provide a one-time financial contribution; in the presentation the applicant’s attorney said the total contribution would be $1,000,000 and that Habitat for Humanity of Culpeper had provided a letter of support for the revised approach.

Civil engineer Doug Grover (Bowman Consulting) said preliminary stormwater designs for the revised layout were completed and the proposal avoids mapped wetlands and an archeological battlefield area. Transportation and traffic work presented to the commission included an updated traffic analysis and a note that VDOT and the applicant are coordinating alternative improvements at a nearby intersection (Location 7). The applicant said it would proffer a contribution toward the intersection work based on prior turn-lane estimates.

Planning staff and the applicant told commissioners they are close to final language that would have the developer pave the blue/green roads to county standards and convey the paved roads to an HOA rather than the county; the developer would post a bond guaranteeing the paving and provide maintenance assurances until transfer to the HOA. County staff said the county would not assume long-term maintenance responsibility for those additional roads absent a clear fiscal arrangement; the parties discussed fall-back language and bonding in the event an HOA were to dissolve in the future.

Commissioners debated whether the outstanding maintenance wording created a precedent. The county attorney and staff advised the commission that, absent an applicant request to defer, the commission must vote to approve or deny; commissioners were told the parties were close to agreement on proffer wording and the conditions under discussion. After discussion the commission approved a motion recommending approval, with the condition that the applicant and county finalize a mutually agreeable solution to maintenance of the roads in question.

Next steps: The recommendation will be forwarded to the Board of Supervisors. Staff said they expect to finalize proffer language prior to the Board hearing; if the parties cannot reach final language the Board will consider the commission’s recommendation and the outstanding issues.

Ending: The commission closed the public hearing after hearing no additional speakers and voted to forward the recommendation of approval conditioned on finalizing the road-maintenance language between the county and applicant.