October 18, 1005

October 18, 1005
BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA

MINUTES

Regular Meeting
October 18, 1005

Call to Order. A Regular Meeting of the Stafford County Board of Supervisors was called to order by Gary D. Pash, at 1:03 P. M., Tuesday, October 18, 2005, in the First Floor Conference Room, Stafford County Administration Center.

Roll Call. The following members were present: Gary F. Snellings, Vice Chairman; Jack R. Cavalier; Peter J. Fields; Robert C. Gibbons; Kandy A. Hilliard, Mark W. Osborn; and Gary D. Pash, Chairman.

Also in attendance were: Steve Crosby, County Administrator; Joseph L. Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk.

Legislative; Work Session on Transportation Service Districts. Mr. Gibbons commented.

Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-381.

By Voice Vote, the tally was:
Yea: (7) Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash, Snellings
Nay: (0)

Resolution R05-381 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO ADVERTISE A PUBLIC HEARING FOR A SERVICE DISTRICT
ON GARRISONVILLE AND WARRENTON ROADS

WHEREAS, Garrisonville Road from I-95 to Joshua Road and Warrenton Road from I-95 to Poplar Road experience high volume traffic every day; and

WHEREAS, those portions of Garrisonville Road and Warrenton Road do not have sufficient carrying capacity, resulting in unacceptable traffic delays and safety considerations; and

WHEREAS, the Code of Virginia provides for the creation of Service Districts to provide additional, more complete or more timely services; and

WHEREAS, the creation of Service Districts in these particular areas would provide additional needed funds for transportation improvements;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that the County Administrator be and he hereby is authorized to advertise a public hearing to consider the creation of the Garrisonville Road Service District and the Warrenton Road Service District.

Legislative; Work Session on Stormwater Utility. Mr. Pash commented.

Mr. Fields motioned, seconded by Ms. Hilliard, to create a Stormwater Utility.

Discussion ensued.

By Voice, the vote was:
Yea: (3) Fields, Hilliard, Pash
Nay: (4) Gibbons, Osborn, Snellings, Cavalier

Discussion further ensued.

Mr. Gibbons motioned, seconded by to request that on the Regular Agenda for the next Board meeting, staff will prepare resolutions to create a stormwater drainage, maintenance, and repair program and BMP maintenance policy.

By Voice, the vote was:
Yea: (6) Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier
Nay: (1) Fields

Legislative; Work Session on the Legislative Program. The County Administrator gave a presentation.

David Gayle, Assistant Director of Economic Development and Legislative Affairs, commented.

Hearing no objections from the Board, staff was requested to bring back to the Board a revised priority of the legislative program.

Legislative; Work Session on Tax Relief for the Elderly and Disabled. Mr. Snellings motioned, seconded by Ms. Hilliard, to authorize a public hearing to amend the County Code for tax relief for the elderly and disabled.

By Voice, the vote was:
Yea: (7) Hilliard, Osborn, Pash, Snellings, Cavalier, Fields, Gibbons
Nay: (0)

Recess. At 2:33 P. M., the Chairman declared a recess.

Call to Order. At 2:42 P. M., the Chairman called the meeting back to order.

Legislative; Closed Meeting. At 2:43 P. M. , Mr. Osborn motioned, seconded by Mr. Fields, to adopt proposed Resolution CM05-23.

By Voice, the vote was:
Yea: (7) Osborn, Pash, Snellings, Cavalier, Fields, Gibbons, Hilliard
Nay: (0)

Resolution CMR05-23 reads as follows:

A RESOLUTION TO AUTHORIZE CLOSED MEETING

WHEREAS, the Board of County Supervisors desires to consult with counsel and discuss in Closed Meeting one matter related to the acquisition of real property for public purpose and one matter related to the disposition of County owned property; and legal advice in regard to the refund of excess proceeds of a tax foreclosure sale, Adelphia Cable contract negotiations, Public Safety Building PPEA contract negotiations, and Crucible, Inc. v. BZA appeals; and

WHEREAS, pursuant to Section 2.2-3711 A3 and A7 VA Code Ann., such discussions may occur in Closed Meeting;

NOW, THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors
does hereby authorize discussions of the aforestated matters in Closed Meeting.

Call to Order. At 4:00 P. M., the Chairman called the meeting back to order.

Legislative; Closed Meeting Certification. Mr. Snellings motioned, seconded by Ms. Hilliard, to adopt proposed Resolution CM05-23a.

By Voice, the vote was:
Yea: (6) Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn
Nay: (0)
Abstain: (1) Pash

Mr. Pash disqualified himself from attending Closed Meeting for the Public Safety PPEA Contract because he is an employee of Northrop Grumman.

Resolution CM05-23a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
OCTOBER 18 , 2005

WHEREAS, the Board has, on this the 18th day of October 2005, adjourned into a closed meeting in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, the Virginia Freedom of Information Act, as it became effective July 1, 1989, provides for certification that such Closed Meeting was conducted in conformity with law;

NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby certify, on this the 18th day of October 2005, that to the best of each member's knowledge: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act were discussed in the Closed Meeting to which this certification applies; and (2) only such public business matters as were identified in the Motion by which the said Closed Meeting was convened were heard, discussed, or considered by the Board. No member dissents from the aforesaid certification.

Legislative; Approve a Comprehensive Agreement for the Development, Design, and Construction of a New Public Safety Building Pursuant to the Public-Private Education and Facilities and Infrastructure Act of 2002. Mr. Gibbons motioned, seconded by Ms. Hilliard, to adopt proposed Resolution R05-404.

By Voice, the vote was:
Yea: (6) Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn
Nay: (0)
Abstain: (1) Pash

Resolution R05-404 reads as follows:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF STAFFORD COUNTY, VIRGINIA APPROVING A COMPREHENSIVE AGREEMENT FOR THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF A NEW PUBLIC SAFETY BUILDING PURSUANT TO THE PUBLIC-PRIVATE EDUCATION AND FACILITIES AND INFRASTRUCTURE ACT OF 2002

WHEREAS, in May 2003, the County of Stafford, Virginia (the “County”) adopted procedural guidelines (the “Implementation Guidelines”) for the selection of solicited and unsolicited project proposals for negotiation under the Public-Private Education Facilities and Infrastructure Act of 2002 (“PPEA”), Chapter 22.1 of Title 56 of the Code of Virginia of 1950, as amended;
WHEREAS, pursuant to the PPEA and the Implementation Guidelines, on December 11, 2003 the County issued Proposal Invitation #325044 (the “RFP”) inviting the submission of competitive negotiable proposals for the development, design and construction of a new Public Safety Building;
WHEREAS, on March 25, 2004, in response to the RFP, Northrop Grumman Information Technology, Inc., a Delaware corporation (“Northrop Grumman”), submitted a conceptual proposal for the design, development and construction of a new Public Safety Building. At the request of the County, on August 18, 2004, Northrop Grumman submitted a detailed-proposal for the design, development and construction of a new Public Safety Building;
WHEREAS, upon review of all requested detailed-proposals, the County selected Northrop Grumman for negotiation of a Comprehensive Agreement under the PPEA to develop, design and construct a new Public Safety Building;
WHEREAS, the County and Northrop Grumman now desire to enter into a Comprehensive Agreement for the development, design, and construction of a new Public Safety Building in accordance with the PPEA and the Implementation Guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF STAFFORD, VIRGINIA:
1. Authorization of the Comprehensive Agreement. The Comprehensive Agreement is approved in substantially the form on file with the County Administrator, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved, in consultation with the County Attorney, by the Vice Chairman of the Board of Supervisors and the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Comprehensive Agreement to which the County is a party; provided, however, that the total amount paid to Northrop Grumman pursuant to the Comprehensive Agreement shall not exceed a maximum of $36,426,248. The execution and delivery of and performance by the County of its obligations under the Comprehensive Agreement to which it is a party are authorized
2. Execution of Comprehensive Agreement. The Vice Chairman of the Board of Supervisors and the County Administrator are authorized to execute on behalf of the County the Comprehensive Agreement to which the County is a party, and, if required, the County Administrator is authorized and directed to affix or to cause to be affixed the seal of the County to the Comprehensive Agreement and to attest such seal.
3. Further Actions. The Vice Chairman of the Board of Supervisors and the County Administrator are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts and to take such further action, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Comprehensive Agreement and as approved as to form by the County Attorney; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed.
4. Effective Date. This resolution shall take effect immediately upon its adoption.
The undersigned Clerk of the Board of Supervisors of the County of Stafford, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on October 18, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions.
Legislative; Authorize the County Administrator to Advertise a Public Hearing on an Ordinance to Reimburse Surplus Proceeds from a Tax Foreclosure Sale of Real Property. Mr. Gibbons motioned, seconded by Mr. Osborn, to authorize a public hearing on an ordinance to reimburse surplus proceeds from a tax foreclosure sale of real property on Tax Map 18N-2-43
By Voice, the vote was:
Yea: (7) Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash, Snellings
Nay: (0)

Recess. At 4:05 P.M., the Chairman declared a recess until 7:00 P.M.

Call to Order. At 7:03 P. M., the Chairman called the meeting back to order.

Roll Call. The following members were present: Peter J. Fields; Robert C. Gibbons; Kandy A. Hilliard; Mark W. Osborn; Gary D. Pash, Chairman; Gary F. Snellings, Vice Chairman and Jack R. Cavalier.

Invocation. Mr. Fields gave the Invocation.

Pledge of Allegiance. Mr. Snellings led the Pledge of Allegiance to the Flag of the United States of America

Legislative; Presentation of Proclamation to Recognize and Commend Justin and Brian Barker and Laura Carpenter. Mr. Snellings presented a Proclamation to the recipients.

Presentations by the Public. The following persons spoke on subjects as identified:

Cecelia Kirkman - Sensitive environmental areas.
Linda Fellers - Save Crow’s Nest.

Administration; Lease a Portion of the Landfill for Methane Gas Conversion and Grant an Easement for the Gas Transmission Line. The Deputy County Administrator gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
Barbara Piatt
The Chairman closed the public hearing.

Ms. Hilliard motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-371.

The Voting Board tally was:
Yea: (7) Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier, Fields
Nay: (0)

Resolution R05-371 reads as follows:

A RESOLUTION TO LEASE A PORTION OF THE LANDFILL FOR METHANE GAS CONVERSION AND GRANT AN EASEMENT FOR
THE GAS TRANSMISSION LINE

WHEREAS, the Rappahannock Regional Solid Waste Management Board
(R-Board), is deeded jointly to the City of Fredericksburg and Stafford County; and

WHEREAS, the R-Board is requesting that the Fredericksburg City Council and the Board authorize the lease of approximately 0.75 acres for 20 years for a landfill gas conversion facility that creates electricity from methane gas emissions; and

WHEREAS, the Board has conducted a public hearing in accordance with Section 15.2-1800 of the Code of Virginia (1950) as amended;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that the Board approves the lease of a 0.75 acre portion of the landfill to Ameresco for the conversion of methane gas; and

BE IT FURTHER RESOLVED that the Board supports the granting of an easement approximately 0.54 acres for the landfill gas transmission line.

Administration; Authorize the County Administrator to Deed Austin Ridge School Site to the Schools. The County Administrator gave a presentation.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the public hearing.

Mr. Snellings motioned, seconded by Mr. Gibbons, to adopt proposed Resolution
R05-372.

The Voting Board tally was:
Yea: (7) Hilliard, Osborn, Pash, Snellings, Cavalier, Fields, Gibbons
Nay: (0)

Resolution R05-372 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE A DEED TO THE SCHOOL BOARD FOR THE AUSTIN
RIDGE SCHOOL SITE

WHEREAS, Rocky Ridge Joint Venture has tendered a deed for a 38.5768 acre school site in fulfillment of a proffered condition in its rezoning of June 3, 2003 (O03-16); and

WHEREAS, the Board accepted the deed to 38.5768 acres, located in the Austin Ridge Subdivision in the Rock Hill Magisterial District, from Rocky Ridge Joint Venture at a meeting on October 4, 2005; and

WHEREAS, the Board desires to deed said property to the School Board; and

WHEREAS, the Board has conducted a public hearing in accordance with Section 15.2-1800 of the Code of Virginia (1950) as amended;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that the County Administrator be and he hereby is authorized to execute the deed to convey the Austin Ridge School site to the School Board.

Legislative; Regular Agenda Additions. Mr. Gibbons motioned, seconded by Mr. Fields, to add the following items to the Regular Agenda: Proposed Resolution R05-386 – A Resolution to Refer an Amendment to the Zoning Ordinance on the Resource Protection Area to the Planning Commission; Proposed Resolution R05-387 – Authorize a Public Hearing to Amend the Proffer Guidelines; and Discuss the Extension of Water and Sewer Outside of the Urban Service Area. (Requested by Mr. Gibbons)

The Voting Board tally was:
Yea: (7) Osborn, Pash, Snellings, Cavalier, Fields, Gibbons, Hilliard
Nay: (0)

Legislative; Consent Agenda. Mr. Gibbons motioned, seconded by Mr. Osborn, to adopt the Consent Agenda consisting of Items 9 thru 11.

The Voting Board tally was:
Yea: (7) Pash, Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn
Nay: (0)

Item 9. Finance; Approve Expenditure Listings.

Resolution R05-376 reads as follows:

A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) DATED
OCTOBER 4, 2005 THROUGH OCTOBER 17, 2005

WHEREAS, the Board has appropriated funds to be expended for the purchase of goods and services in accordance with an approved budget; and

WHEREAS, the payments appearing on the above-referenced Listing of Expenditures represent payment of $100,000 and greater for the purchase of goods and/or services which are within the appropriated amounts;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that the above-mentioned EL be and it hereby is approved.

Item 10. Planning; Grant an Exemption to Section 22-5 of the Subdivision Ordinance for a Family Subdivision.

Resolution R05-374 reads as follows:

A RESOLUTION GRANTING AN EXEMPTION OF SECTION 22-5
OF THE SUBDIVISION ORDINANCE ENTITLED FAMILY AND
MINOR SUBDIVISIONS

WHEREAS, Kenneth and Karen Newton, applicant, subdivided Assessor’s Parcel 46-20(3)-3 from a 33.27 acre portion of land under the provisions applicable to family subdivision on September 28, 2001; and

WHEREAS, Section 22-5(3) of the Subdivision Ordinance requires that a family subdivision lot cannot be voluntarily transferred to a non-immediate family member for at least five (5) years; and

WHEREAS, Section 22-5(13) stipulates that if the Board finds a hardship is being caused by the time restriction, it shall reduce the time period to alleviate the hardship; and

WHEREAS, the Board has found that a hardship does exist with imposition of the time limitation in this case;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that the exemption to the five (5) year family subdivision property transfer restrictions for Assessor’s Parcel 46-20(3)3 Kenneth and Karen Newton be and it hereby is granted; and

BE IT FURTHER RESOLVED that this hardship provision shall be noted on a subsequent plat or deed in accordance with Section 22-5(13) of the Subdivision Ordinance.

Item 11. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees.

Resolution R05-379 reads as follows:

A RESOLUTION TO REAPPOINT A MEMBER TO THE
BOARD OF SOCIAL SERVICES

WHEREAS, Sections 63.1-36 through 63.1-58 of the Code of Virginia (1950), as amended, authorize the Board to appoint members to serve on the Board of Social Services; and

WHEREAS, the Board of Social Services consists of three members with terms of four years; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Gary F. Snellings December 31, 2005
(Board of Supervisors)

Elnora Pondexter August 31, 2005
(Member-At-Large)

Frederick A. Donahoe August 31, 2006
(Member-At-Large)

WHEREAS, the term of Elnora Pondexter expired on August 31, 2005; and

WHEREAS, the Board desires to fill this vacancy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005 that

NAME EXPIRATION

Elnora Pondexter August 31, 2009
(Member-At-Large)

be and she hereby is reappointed to the Board of Social Services.

Planning; Consider Rezoning from R-1 and B-3 to B-2 Property Consisting of 15.77 Acres Located at 3050 Jefferson Davis Highway. Ms. Hilliard commented.

Ms. Hilliard motioned, seconded by Mr. Snellings, to adopt proposed Ordinance O05-51.

Discussion ensued.

Mr. George Graves, Applicant, commented.

Ms. Kathy Baker, Assistant Director of Planning, commented further.

The Voting Board tally was:
Yea: (7) Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash
Nay: (0)

Ordinance O05-51 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN THE ZONING
ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE
ZONING DISTRICT MAP TO RECLASSIFY, WITH PROFFERS,
FROM R-1, SUBURBAN RESIDENTIAL AND B-3, OFFICE TO B-2,
URBAN COMMERCIAL, ASSESSOR’S PARCELS 21-51 AND 51A,
AQUIA ELECTION DISTRICT

WHEREAS, Roseville Corporation and Rx Associates, LLC, applicants, have submitted application RC2500006 requesting reclassification, with proffers, of Assessor’s Parcels 21-51 and 51A, from R-1, Suburban Residential, and B-3, Office to B-2, Urban Commercial, consisting of 15.77 acres, located on the east side of Jefferson Davis Highway, 1,500 feet north of Garrisonville Road, within the Aquia Election District; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and

WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and

WHEREAS, the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of an ordinance to reclassify the subject property;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify from R-1 Suburban Residential and B-3, Office to B-2, Urban Commercial, Assessor’s Parcel 21-51 and 51A with the following proffers:

1. PARCEL 51

A. PROHIBITED USES
1. Car Wash.
2. Warehousing, mini-storage.
3. Building material sales and storage yard.

B. TRANSPORTATION
1. Subject to VDOT warrants being met, the Applicant agrees to install a traffic signal at the intersection of Coachman Circle and Jefferson Davis Highway (Southernmost intersection).
2. Dedicate ROW from the centerline of Jefferson Davis Highway adequate to accommodate a third through lane, acceleration lane, and sidewalk.
3. Install curb and gutter at the limits of any paved surface except for LID features.
4. Construct sidewalk on Coachman Circle, Jefferson Davis Highway, along the spine road on the site, and between uses on the site.
5. No more than one right-in access shall be constructed from Jefferson Davis Highway to the Property.

C. DESIGN CRITERIA
The following design guidelines shall be incorporated into development of the site and buildings:

1. All rooftop equipment will be screened from the adjacent parcels.
Materials and design for all buildings on the site shall be coordinated with those to be constructed on Assessor’s Parcel 21-51A.
2. Building façade materials shall not consist of metal or smooth-
faced block.
3. Drive through windows shall be oriented away from Jefferson Davis Highway.
4. All dumpster pads shall be screened with coordinated materials.
All building facades shall be constructed in conformance with the rendering attached as EXHIBIT “A”. The roof type may be substituted with a gable or hipped roof and may incorporate dormers. The façade surface shall consist of at least 75 percent brick and no more than 25 percent other materials.

D. SIGNAGE AND LIGHTING
1. No general advertising signs.
2. All monument signs shall utilize coordinated designs and materials.
3. Lighting shall be directed downward and inward on the site.

E. ENVIRONMENTAL
1. Orange safety fence shall be installed at the limits of clearing and grading
adjacent to the RPA prior to site plan approval for any portion of the site.

F. SITE LAYOUT:
1. Multiple buildings constructed along Jefferson Davis Highway shall provide a generally uniform front yard setback. Projections and recessions along the front building façades are permitted.

2. Buildings shall be oriented towards Jefferson Davis Highway with no more than one (1) internal drive aisle between the building and Jefferson Davis Highway. Two rows of parking may be permitted along the drive aisle. This proffer shall not apply to any buildings constructed behind and subsequent to the buildings fronting on Jefferson Davis Highway.

3. Vehicle access shall be provided across the property to connect Coachman Circle from the north to the south.

4. Parking spaces and/or drive aisles located between buildings and Jefferson Davis Highway shall be screened by installing a combination of a berm, an opaque wall, and/or landscape plantings to screen vehicle headlights. Screening shall achieve a height of 3 feet above the elevation of the parking space surface, measured at the face of the curb. Such features are in addition to the required landscape plantings. Any walls constructed to screen parking shall utilize materials, colors, and features similar to those of the buildings on site.

5. Loading and or service bays shall be oriented away from Jefferson Davis Highway.

6. Loading spaces and dumpster pads shall not be permitted within the front yard of any building located along Jefferson Davis Highway.

2. PARCEL 51A

A. USE RESTRICTIONS
1. Car Wash.
2. Warehousing and mini-storage.
3. Building material sales and storage yard.

B. ARCHITECTURAL DESIGN AND SIGNAGE
1. Materials and design of the building(s) shall be coordinated and shall not employ metal or smooth-faced block on the building facades.
2. Any hotel shall be oriented so that no room shall have its windows directly facing the residential area to the east.
3. Buildings shall be designed so that no rooftop mechanical equipment is visible from adjacent parcels.
4. All dumpster pads shall be screened with coordinated building materials.
5. All monument signs shall be of a coordinated design and use materials compatible with those of the building.
6. All building facades shall be constructed in conformance with the rendering, submitted and attached hereto, identified as EXHIBIT “A”. The roof type may be substituted with a gable or hipped roof and may incorporate dormers. The façade surface shall consist of at least 75 percent brick and no more than 25 percent other materials.

C. LIGHTING
Parking lot lighting shall employ “cut off lighting” fixtures for all areas, which shall not exceed 0.5 horizontal foot candles measured along the property line.

D. TRANSPORTATION
1. A minimum 24-foot wide inter-parcel vehicular access easement shall be recorded across the property from Coachman Circle to serve Shiloh Baptist Church.

2. Twelve (12) feet of additional right-of-way, for a total of sixty-seven (67) feet as measured from the centerline of Jefferson Davis Highway, shall be dedicated to accommodate a third through lane, deceleration lane and sidewalk.

3. Curb and gutter shall be installed at the limits of all paved surfaces except for Low Impact Design (LID) features.

4. Sidewalks shall be constructed along Coachman Circle, Jefferson Davis Highway and between uses on the site.

5. General advertising signs shall be prohibited.

6. Drive through windows shall be oriented away from Jefferson Davis Highway.

E. SITE LAYOUT

1. There shall be no more than one (1) internal driveway between the building(s) and Jefferson Davis Highway. Two (2) rows of parking may be permitted along the drive aisle.
2. Parking areas and/or drive aisles located between building(s) and Jefferson Davis Highway shall be screened by installing a combination of a berm, an opaque wall, and/or landscape plantings to screen vehicle headlights. Screening shall achieve a height of three (3) feet above the elevation of the parking space surface, measured at the face of the curb. Such features are in addition to the required landscape plantings. Any walls constructed to screen parking shall utilize materials, colors and features similar to those of the building(s) on site.

3. Loading and/or service bays shall be oriented away from Jefferson Davis Highway.

4. Loading spaces and dumpster pads shall not be permitted within the front yard of any building(s) located along Jefferson Davis Highway.

Planning; Refer Brentsmill Reclassification Back to the Planning Commission. Ms. Kathy Baker, Assistant Director of Planning, gave a presentation.

Mr. Cavalier motioned seconded by Mr. Osborn, to adopt proposed Resolution R05-377.

The Voting Board tally was:
Yea: (7) Cavalier, Gibbons, Hilliard, Osborn, Pash, Snellings
Nay: (1) Fields

Resolution R05-377 reads as follows:

A RESOLUTION TO REFER APPLICATION RC230334BACK TO THE PLANNING COMMISSION

WHEREAS, Brentsmill LLC submitted an application for reclassification of 385 acres on Assessor’s Parcels 22-20A, 20B, 21 and 22; and

WHEREAS, the Planning Commission held a public hearing on September 7, 2005 and voted to recommend denial of the application based on transportation concerns; and

WHEREAS, the applicant has requested that the Board refer the application back to the Planning Commission for further discussion; and

WHEREAS, the Board has determined that further discussion with the Planning Commission is appropriate to attempt to resolve any outstanding issues;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that application RC230334 be and it hereby is referred to the Planning Commission for its consideration.

Legislative; Discuss Spotsylvania Ambulance Fees. Mr. Snellings commented.

Mr. Snellings motioned, seconded by Mr. Osborn, to request that staff convey to the County of Spotsylvania its concerns regarding the charging of ambulance fees to the citizens of Stafford County.

The Voting Board tally was:
Yea: (5) Gibbons, Osborn, Pash, Snellings, Cavalier
Nay: (2) Fields, Hilliard

Legislative; Fire and Rescue Station Construction. Ms. Hilliard commented.

The County Administrator commented further.

Planning; A Resolution to Refer an Amendment to the Zoning Ordinance Regarding Resource Protection to the Planning Commission. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-386.

The Voting Board tally was:
Yea: (7) Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier, Fields
Nay: (0)

Resolution R05-386 reads as follows:

A RESOLUTION TO REFER AN AMENDMENT TO THE ZONING ORDINANCE REGARDING RESOURCE PROTECTION TO THE
PLANNING COMMISSION

WHEREAS, the Board recognizes that certain areas of the County have environmentally sensitive resources; and

WHEREAS, the Board believes that these areas should be afforded additional protection measures; and

WHEREAS, the Comprehensive Plan includes goals for preservation and enhancement of the County’s natural resources; and

WHEREAS, those goals include directing development to minimize impact on sensitive environmental resources such as wetlands, floodplains, steep slopes, poor soils, streams, forested areas and shorelines; directing developments to protect slopes greater than 25 percent especially where adjacent to streams and rivers; protecting habitats of threatened and endangered species through establishment of conservation overlay districts; and requiring environmental conditions inventory and mitigation plans for new development; and

WHEREAS, the County’s Wildlife Habitat Protection Plan provides recommendations for protection of natural resources; and

WHEREAS, the Chesapeake Bay Preservation Area Plan encourages preservation of sensitive areas adjacent to tidal water bodies and streams with perennial flow; and

WHEREAS, development activities threaten natural resources through encroachment of man-made features and deposition by erosion; and

WHEREAS, the Board believes that current zoning regulations do not adequately promote good development practices in consideration of these resources; and

WHEREAS, the Board finds that public necessity, convenience, general welfare or good zoning practice requires adoption of such an ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of October, 2005, that Proposed Ordinance O05-56 be and it hereby is referred to the Planning Commission for its review.

Planning; Authorize the County Administrator to Advertise a Public Hearing Regarding Proffer Guidelines. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-387.

The Voting Board tally was:
Yea: (7) Hilliard, Osborn, Pash, Snellings, Cavalier, Fields, Gibbons
Nay: (0)

Resolution R05-387 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO AUTHORIZE A PUBLIC HEARING REGARDING PROFFER GUIDELINES

WHEREAS, state law permits the County to accept cash proffers under certain circumstances; and

WHEREAS, the Board last endorsed cash proffer guidelines in 2000, based upon the adopted 2001 capital budget; and

WHEREAS, the Board’s Community and Economic Development Committee reviewed the current proffer guidelines and proposed changes based on per capita analysis of the cost to provide capital facilities to be utilized; and

WHEREAS, the Board believes that the revised amounts provide fair and equitable guidelines for accepting cash proffers;

Legislative; Discuss the Extension of Water and Sewer Outside of the Urban Service Area. Mr. Gibbons commented.

Discussion ensued.

Adjournment. At 8:20 P. M., the Chairman declared the meeting adjourned.

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Steve Crosby Gary D. Pash
County Administrator Chairman