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December 18, 2007
BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA MINUTES
Regular Meeting Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by Jack R. Cavalier, Chairman, at 1:08 P. M., Tuesday, December 18, 2007, in the Board Chambers, Stafford County Administration Center. Roll Call. The following members were present: Robert C. Gibbons; Paul V. Milde; George H. Schwartz; M. S. “Joe” Brito; Jack R. Cavalier, Chairman; Mark Dudenhefer, Vice Chairman; and Peter J. Fields. Also in attendance were: Anthony Romanello, Deputy County Administrator; Joe Howard, County Attorney and Marty Beard, Chief Deputy Clerk. Legislative; Presentation of a Proclamation. · Recognize and commend Barbara Kirby for her Service on the Planning Commission. Presentation by Stafford Senior High School Chapter of DECA on Connecting You: In Case of Emergency. Students Nick Larsen and Nick Sharp gave a presentation on the program. Legislative: Additions and Deletions for the Regular Agenda. Mr. Fields motioned, seconded by Mr. Gibbons, to add Item 32, Legislative; Discuss Dominion Virginia Power lines; Discuss the George Washington Regional Commission Green Government Committee and to delete Item 20, Planning and Zoning; Rezone 372.85 Acres from A-1, Agricultural, to R-1, Suburban Residential at 134 Den Rich Road for Brentsmill, L. L. C.
The Voting Board tally was: Legislative; Consent Agenda. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt the Consent Agenda, consisting of Items 1 thru 14, omitting Items 8 and 9.
The Voting Board tally was: Item 1. Legislative; Approve Minutes of Board Meeting. Regular Meeting of November 20, 2007. Item 2. Legislative; Recognize and Commend Barbara Kirby for Her Service on the Planning Commission. Proclamation P07-35 reads as follows: A PROCLAMATION TO RECOGNIZE AND COMMEND BARBARA KIRBY FOR HER SERVICE ON THE PLANNING COMMISSION WHEREAS, Barbara Kirby has served on the Stafford Planning Commission since 1994, and has been Vice Chairman since 2005; and WHEREAS, Barbara Kirby served on the Planning Commission during a period of unprecedented growth in the County, and worked to balance the significant increase in population with the need for adequate infrastructure including roads, schools, public safety, parks and recreation facilities, and libraries; and WHEREAS, Barbara Kirby took pride in asking the critical questions of developers and applicants to which citizens demanded answers, ensuring that subdivisions, office parks and businesses met a myriad of building and architectural requirements, and encouraging developers to provide proffers and land beyond the minimum required; and WHEREAS, Barbara Kirby was passionate about preserving Stafford’s unique cultural resources, including sites from prehistoric Indian villages to Civil War encampments, to both preserve the County’s history and to encourage tourism; and WHEREAS, Barbara Kirby used her considerable knowledge as a local historian, researcher, genealogist and voracious reader to review lengthy Planning Commission packages, always mindful of the critical importance of prioritizing the work of the commission as it tackled issues from approving large subdivisions and the location of businesses to re-naming streets and controlling the type of development near historic sites; and WHEREAS, as the Planning Commission’s representative to the Architectural Review Board, Barbara Kirby encouraged developers to commit to architectural styles that complemented the significant buildings in the County and to build structures using the highest quality construction; and WHEREAS, Barbara Kirby also served on the Technical Review Committee, evaluating subdivision plans, plats and site plans with representatives from agencies including the Virginia Department of Transportation, U.S. Army Corps of Engineers, Department of Utilities, Planning and Zoning and Fire and Rescue Department to ensure compliance with a myriad of specialized standards; and WHEREAS, Barbara Kirby, who always recognized the hard work accomplished by County staff on behalf of the Planning Commission, was in turn esteemed by employees and her colleagues on the commission as a knowledgeable and dedicated public servant; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the enthusiasm and tireless commitment with which Barbara Kirby served the citizens of Stafford and the region; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that Barbara Kirby be and she hereby is commended for her outstanding efforts as a member of the Planning Commission. Item 3. Finance; Approve Expenditure Listing Resolution R07-483 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) 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 December 2007, that the above-mentioned EL be and it hereby is approved. Item 4. Transportation; Petition VDOT to Include Brownfield Drive, Turner Field Court, Newington Court, Neabsco Drive, Rixey Court and Hunton Drive within Leeland Station Subdivision, Section 3, into the Secondary System of State Highways. Resolution R07-482 reads as follows:
A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Brownfield Drive, Turner Field Court, Newington Court, Neabsco Drive, Rixey Court and Hunton Drive within Leeland Station Subdivision, Section 3, into the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected these streets and found them acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December 2007, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following streets within Leeland Station Subdivision, Section 3, into the Secondary System of State Highways:
Street Station Length
Brownfield Drive Fr: Inter. Turner Field Court (SR-1965) 0.06 Mi.
Turner Field Court Fr: Inter. Brownfield Drive (SR-1964) 0.04 Mi.
Newington Court Fr: Inter. Neabsco Drive (SR-1966) 0.04 Mi.
Neabsco Drive Fr: Inter. Hunton Drive (SR-1955) 0.10 Mi.
Neabsco Drive Fr: Inter. Brownfield Drive (SR-1964) 0.18 Mi.
Neabsco Drive Fr: Inter. Newington Court (SR-1967) 0.06 Mi.
Rixey Court Fr: Inter. Hunton Drive (SR-1955) 0.05 Mi.
Hunton Drive Fr: Inter. Walnut Farms Drive (SR-1953) 0.07 Mi.
Hunton Drive Fr: Inter. Neabsco Drive (SR-1966) 0.13 Mi. An unrestricted right-of-way (ROW), as indicated above, for each street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Leeland Station Subdivision, Section 3A, LR 0400006281, recorded February 17, 2004; and Leeland Station Subdivision, Section 3B, LR 0400000108, recorded May 07, 2004; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Item 5. Transportation; Petition VDOT to Include Centreport Parkway, Phases I and II, into the Secondary System of State Highways Resolution R07-481 reads as follows:
A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Centreport Parkway, Phases I & II, into the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected this street and found it acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December 2007, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include Centreport Parkway, Phases I & II, into the Secondary System of State Highways:
Street Station Length
Centreport Parkway Fr: 2.01 Mi. ENE Mountain View Road (SR-627) 0.48 Mi. An unrestricted right-of-way (ROW), as indicated above, for each street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Centreport Parkway, Phase I, LR Instrument 050011303, recorded on April 1, 2005; and Centreport Parkway, Phase II, LR Instrument 040025641, recorded on July 9, 2004; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Residency Administrator of VDOT. Item 6. Economic Development and Legislative Affairs; Consider Endorsing Legislative Initiatives Proposed by VACo Region 7 – North Central Virginia Localities for the 2008 General Assembly. Resolution R07-495 reads as follows: A RESOLUTION TO ENDORSE THE LEGISLATIVE INITIATIVES OF THE VACo REGION 7 – NORTH CENTRAL LOCALITIES FOR THE 2008 GENREAL ASSEMBLY WHEREAS, the Virginia Association of Counties (VACo) Region 7 and North Central Virginia localities have jointly proposed legislative initiatives for the 2008 General Assembly; and WHEREAS, the priority initiatives address transportation and the management of growth and its costs, two issues critical to our region; and WHEREAS, the Board desires to express its support for these issues; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December 2007, that the Board be and hereby does express its support for the legislative initiatives dated November 16, 2007 proposed by VACo Region 7 – North Central Virginia localities. Item 7. Economic Development and Legislative Affairs; Support a Legislative Initiative in the 2008 Virginia General Assembly to Allow One-Half of Overweight Truck Fines to be Returned to Localities. Resolution R07-490 reads as follows: A RESOLUTION TO SUPPORT A LEGISLATIVE INITIATIVE IN THE 2008 VIRGINIA GENERAL ASSEMBLY TO ALLOW ONE-HALF OF OVERWEIGHT TRUCK FINES TO BE RETURNED TO LOCALITIES WHEREAS, truck safety is a serious concern for Stafford residents and the Sheriff’s Office; and WHEREAS, federal motor carrier laws require special training and authority before enforcement of truck safety laws may be carried out; and WHEREAS, the Virginia State Police assist with enforcement of laws related to truck safety, but with only three state troopers in the 19 locality area having received training and authority for this purpose, the State Police do not have the resources to conduct adequate enforcement of truck safety laws; and WHEREAS, in response to increasing truck volume and lack of outside resources, the Sheriff’s Office has created a trained federal motor carrier safety team within the traffic safety unit to inspect and weigh trucks to improve safety by establishing check points and other enforcement activities; and WHEREAS, state law currently provides that any fines received for overweight truck violations be remitted to the state; and WHEREAS, the Sheriff has requested the Board to support an initiative to amend state law to provide that one-half of the fines received for overweight truck violations be returned to the locality to help pay the cost of enforcement of truck safety laws; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the Board be and hereby does express support for a legislative initiative in the 2008 Virginia General Assembly to amend the Code of Virginia to provide that one-half of fines received for overweight truck violations within a locality be returned to that locality to defray the cost of enforcement of truck safety laws. Item 10. Utilities; Approve Construction – Phase Engineering and Inspection Services for the Aquia Wastewater Treatment Facility Nutrient Removal Upgrade Phase I. Resolution R07-511 reads as follows: A RESOLUTION APPROVING A CONTRACT FOR CONSTRUCTION-PHASE ENGINEERING AND INSPECTION SERVICES DURING THE AQUIA WASTEWATER TREATMENT FACILITY NUTRIENT REMOVAL UPGRADE PROJECT, PHASE 1 WHEREAS, Resolution R07-457 authorized the County Administrator to enter into contracts for the construction of Phase 1 of the Aquia Wastewater Treatment Facility Nutrient Removal project; and WHEREAS, the County has received a proposal from Parsons Water and Infrastructure to provide construction-phase engineering and inspection services during this project for $163,498; and WHEREAS, the Board desires to approve the acquisition of these services; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the County Administrator be and he hereby is authorized to execute a contract with Parsons Water and Infrastructure, regarding construction-phase engineering and inspection services for the Aquia Wastewater Treatment Facility Nutrient Removal project, in the amount not to exceed One Hundred Sixty-three Thousand, Four Hundred and Ninety-eight Dollars ($163,498). Item 11. Parks and Recreation; Approve Master Plan for Patawomeck Park. Resolution R07-451 reads as follows: A RESOLUTION TO APPROVE THE MASTER PLAN FOR PATAWOMECK PARK WHEREAS, public meetings were held in January and March 2005 to obtain citizen input on the planning of the Park; and WHEREAS, at a meeting on August 18, 2006, the Parks and Recreation Commission unanimously voted to endorse the revised master plan; and WHEREAS, staff recommends approval of the Master Plan for Patawomeck Park; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the Board be and it hereby does approve the Master Plan for Patawomeck Park. Item 12. Human Resources; Amend the Policy and Procedures Regarding Employee Annual Leave Carryover Dates. Resolution R07-496 reads as follows: A RESOLUTION TO AMEND THE POLICIES REGARDING EMPLOYEE ANNUAL LEAVE CARRYOVER WHEREAS, it is the desire of the Board to provide a fair, competitive, and affordable total compensation package for its workforce; and WHEREAS, an employee committee was established to review work-life balance issues; and WHEREAS, the annual leave carryover date affects many employees due to work loads, commitments, and projects at the end of the calendar year; and WHEREAS, the County Administrator has reviewed and supports the recommended change of the carryover of annual leave from the end of the calendar year to September 30; and WHEREAS, this change would take affect immediately; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the County Administrator be and he hereby is authorized to amend the appropriate policies and procedures to reflect the employee annual leave carryover date change.
Resolution R07-513 reads as follows:
A RESOLUTION TO SUPPORT THE COUNTY ADMINISTRATOR WHEREAS, the new Primmer House Road provides a vital link from Morton Road (SR-624) to Leeland Road (SR-626) and completes a connection from Jefferson Davis Highway (US-1) to Leeland Road, location of a Virginia Railway Express (VRE) Station; and WHEREAS, Primmer House Road alleviates excess traffic on Morton Road and contributes to additional safety for traveling motorists; and WHEREAS, the new Primmer House Road is a public road containing a major bridge constructed over a CSX railroad track and has been inspected by CSX officials; and WHEREAS, Maryland Development Company has completed all construction to required standards; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected Primmer House Road and found it acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the County Administrator and the County Attorney be and they hereby are supported in expeditiously pursuing all avenues to assure the new public road named Primmer House Road is open for use. Item 14. Finance; Approve FY2008 Budget Amendment. Resolution R07-514 reads as follows: A RESOLUTION TO AMEND THE FY2008 BUDGET WHEREAS, the FY2008 budget anticipated $6.4 million in excess fund balance; and WHEREAS, as a result of FY2007 operations, excess fund balance is not available; and WHEREAS, the Board is committed to its policy of maintaining sufficient undesignated fund balance of 10% of revenues; and WHEREAS, the Board is willing to make budget reductions to protect the fiscal well being of the County; NOW, THEREFORE BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007 that the County Administrator be and he hereby is authorized to reduce departmental expenditures and increase fund balance by Three Million Nine Hundred Fifty-four Thousand Three Hundred Seventy-five Dollars ($3,954,375). Planning and Zoning; Refer a Zoning Ordinance Amendment to the Planning Commission that Establishes a Heritage Protection (HP) Zoning District. Mr. Dudenhefer commented. The County Attorney commented further. Mr. Dudenhefer motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-488. Discussion ensued.
The Voting Board tally was: Resolution R07-488 reads as follows:
A RESOLUTION TO REFER A ZONING ORDINANCE AMENDMENT WHEREAS, existing Stafford County zoning requirements do not currently address the unique needs of heritage tourism sites, cultural interpretive centers, or museums; and WHEREAS, Goal 9 of the Stafford County Land Use Plan states that significant historic and/or archaeological sites should be protected and preserved through private, public, or quasi-public groups; and WHEREAS, the Heritage Protection (HP) Zoning District would provide appropriate guidelines for developing heritage tourism sites and permit proper restoration, preservation, conservation, education, research, and business activities related to the operation of museums and other heritage tourism sites in Stafford County; and WHEREAS, Section 15.2-2283 of the Code of Virginia (1950), as amended, states the purpose of zoning is to protect against destruction of or encroachment upon historic sites; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and 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 December, 2007, that the Board be and hereby does refer a Zoning Ordinance amendment to the Planning Commission that establishes the Heritage Protection (HP) Zoning District; and BE IT FURTHER RESOLVED that the Planning Commission be authorized to make changes as needed. Planning and Zoning; Authorize the Initiation of Reclassification of Assessors Parcels 54-93, 54-93A, 54-91, 54-92, and 54-92A on George Washington’s Ferry Farm and Ferry Farm from A-1 to B-2 to the Heritage Protection (HP) District. Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to postpone this action until the district is established. Discussion ensued. Mr. Fields motioned, seconded by Mr. Gibbons, to reconsider Resolution R07-488.
The Voting Board tally was: Mr. Dudenhefer motioned, seconded by Mr. Fields, to request that Resolution R07-488 which refers a Zoning Ordinance Amendment to the Planning Commission that establishes the Heritage Protection (HP) Zoning District be back to the Board within sixty days. Mr. Dudenhefer withdrew the motion to consider this action when the district is established. Mr. Gibbons withdrew the second to the motion. Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to request that this action be considered at the earliest opportunity.
The Voting Board tally was: Planning and Zoning; Appeal the Planning Commission Decision to Deny a Comprehensive Plan Compliance Review for Smith Lake Pointe. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation. Mr. Dave Garafalo, Applicant, commented. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-254. Discussion ensued.
The Voting Board tally was: Resolution R07-254 reads as follows:
WHEREAS, David Garafalo, applicant, has submitted an application for the extension of sewer on Assessor’s Parcel 21-5E outside of the Urban Service Area; and WHEREAS, Section 15. 2-2232 of the Code of Virginia (1950), as amended, requires the Planning Commission to approve or deny such an application; and WHEREAS, the Planning Commission denied the application; and WHEREAS, the applicant has appealed the decision of the Planning Commission to the Board; and WHEREAS, the Board has determined that the application for the extension of sewer service is substantially in accord with the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the decision of the Planning Commission to deny the application to extend public sewer to Assessor’s Parcel 21-5E be and it hereby is overruled. BE IT FURTHER RESOLVED, that the property shall contain no more than three lots. Utilities; Authorize a Non-Subsidized Pump and Haul at 29 Mynell Street. Mr. Dale Allen, Assistant Director of Utilities, gave a presentation. Mr. Cavalier motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-341.
The Voting Board tally was: Resolution R07-341 reads as follows: A RESOLUTION TO AUTHORIZE A NON-RESIDENTIAL (NON-SUBSIDIZED) PUMP AND HAUL AT 29 MYNELL STREET WHEREAS, it is necessary to provide Pump and Haul services for sewage storage facilities; and WHEREAS, the County has an Agreement and General Permit with the State Health Department for Pump and Haul services; and WHEREAS, Pump and Haul services are required for 29 Mynell Street; and WHEREAS, it is necessary for the County to add new locations to the General Permit Agreement with the Virginia Department of Health; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the County Administrator be and he hereby is authorized to add 29 Mynell Street to the agreement with the Virginia Department of Health; and BE IT FURTHER RESOLVED that these services will be discontinued and removed from the agreement with the Virginia Department of Health when public sewer becomes available to this parcel; and BE IT STILL FURTHER RESOLVED that Stafford County bears no financial obligation and the anticipated occupant will bear all costs associated with Pump and Haul services. Planning and Zoning; Consider a Conditional Use Permit to Allow Two Street Crossings in a Flood Hazard Overlay District on Hulls Chapel Road. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation. Discussion ensued. Hearing no objections from the Board, this item was tabled until later in the meeting. Utilities; Waive Mandatory Water and Sewer Connections for Beverly Hills; Flinn; McCarty Forest; Williams; Ellison Estates, Section 2; and Aquia Overlook, Section 3 Subdivisions. Mr. Dale Allen, Assistant Director of Utilities, gave a presentation on all proposed waivers. Mr. Schwartz motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-499. Mr. Jeff Harvey, Director of Planning and Zoning, commented. Discussion ensued.
The Voting Board tally was: Resolution R07-499 reads as follows: A RESOLUTION TO WAIVE MANDATORY WATER AND SEWER CONNECTIONS FOR BEVERLY HILLS SUBDIVISION WHEREAS, Section 25-71 of the County Code requires that subdivisions inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, the Beverly Hills subdivision is inside the Urban Service Area; and WHEREAS, Section 25-71 of the County Code provides a waiver process for applications submitted prior to May 3, 2007; and WHEREAS, the owner of the Beverly Hills subdivision submitted his application prior to May 3, 2007 and has requested a waiver from the mandatory water and sewer requirements; and WHEREAS, the Beverly Hills subdivision meets the guidelines for a waiver contained in Section 25-71 of the County Code; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the requirements to utilize the public water and sewer systems for the Beverly Hills subdivision be and they hereby are waived. Mr. Brito motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-501. Discussion ensued.
The Voting Board tally was: Resolution R07-501 reads as follows: A RESOLUTION TO WAIVE MANDATORY WATER AND SEWER CONNECTIONS FOR THE FLINN SUBDIVISION WHEREAS, Section 25-71 of the County Code requires that subdivisions inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, the Flinn subdivision is inside the Urban Service Area; and WHEREAS, Section 25-71 of the County Code provides a waiver process for applications submitted prior to May 3, 2007; and WHEREAS, the owner of the Flinn subdivision submitted his application prior to May 3, 2007 and has requested a waiver from the mandatory water and sewer requirements; and WHEREAS, the Flinn subdivision meets the guidelines for a waiver contained in Section 25-71 of the County Code; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the requirements to utilize the public water and sewer systems for the Flinn subdivision be and they hereby are waived. Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R07-504 to deny. Discussion ensued. Mr. Dudenhefer made a substitute motion, seconded by Mr. Milde, to adopt proposed Resolution R07-503.
The Voting Board tally was: Resolution R07-503 reads as follows: A RESOLUTION TO WAIVE MANDATORY WATER AND SEWER CONNECTIONS FOR THE MCCARTY FOREST SUBDIVISION WHEREAS, Section 25-71 of the County Code requires that subdivisions inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, the Flinn subdivision is inside the Urban Service Area; and WHEREAS, Section 25-71 of the County Code provides a waiver process for applications submitted prior to May 3, 2007; and WHEREAS, the owner of the McCarty subdivision submitted his application prior to May 3, 2007 and has requested a waiver from the mandatory water and sewer requirements; and WHEREAS, the McCarty subdivision meets the guidelines for a waiver contained in Section 25-71 of the County Code; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the requirements to utilize the public water and sewer systems for the McCarty subdivision be, and they hereby are waived. Mr. Brito motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-506. Discussion ensued.
The Voting Board tally was: Resolution R07-506 reads as follows: A RESOLUTION TO DENY A WAIVER FROM MANDATORY WATER AND SEWER REQUIREMENTS FOR THE WILLIAMS SUBDIVSION WHEREAS, Section 25-71 of the County Code requires that subdivisions inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, the Williams subdivision is inside the Urban Service Area; and WHEREAS, Section 25-71 of the County Code provide a waiver process for applications submitted prior to May 3, 2007; and WHEREAS, the owner of the Williams subdivision submitted his application prior to May 3, 2007 and has requested a waiver from the mandatory water and sewer requirement; and WHEREAS, the County desires to maximize the use of the public water and sewer systems with the Urban Service Area; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the applicant’s request to waive the requirements to utilize the public water and sewer systems for the Williams subdivision be, and it hereby is denied. Mr. Brito motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-508 to deny. Discussion ensued. Mr. Jeff Harvey, Director of Planning and Zoning commented further.
The Voting Board tally was: Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R07-507.
The Voting Board tally was: Resolution R07-507 reads as follows: A RESOLUTION TO WAIVE MANDATORY WATER AND SEWER CONNECTIONS FOR THE ELLISON ESTATES, SECTION 2 SUBDIVISION WHEREAS, Section 25-71 of the County Code requires that subdivisions inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, the Ellison Estates, Section 2 subdivision is inside the Urban Service Area; and WHEREAS, Section 25-71 of the County Code provides a waiver process for applications submitted prior to May 3, 2007; and WHEREAS, the owner of the Ellison Estates, Section 2 subdivision submitted his application prior to May 3, 2007 and has requested a waiver from the mandatory water and sewer requirements; and WHEREAS, the Ellison Estates, Section 2 subdivision meets the guidelines for a waiver contained in Section 25-71 of the County Code; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the requirements to utilize the public water and sewer systems for the Ellison Estates, Section 2 subdivision be, and they hereby are waived. Mr. Cavalier motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-509.
The Voting Board tally was: Resolution R07-509 reads as follows: A RESOLUTION TO WAIVE MANDATORY WATER AND SEWER CONNECTIONS FOR THE AQUIA OVERLOOK, SECTION 3 SUBDIVISION WHEREAS, Section 25-71 of the County Code requires that subdivisions inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, the Aquia Overlook, Section 3 subdivision is inside the Urban Service Area; and WHEREAS, Section 25-71 of the County Code provides a waiver process for applications submitted prior to May 3, 2007; and WHEREAS, the owner of the Aquia Overlook, Section 3 subdivision submitted his application prior to May 3, 2007 and has requested a waiver from the mandatory water and sewer requirements; and WHEREAS, the Aquia Overlook, Section 3 subdivision meets the guidelines for a waiver contained in Section 25-71 of the County Code
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the requirements to utilize the public water and sewer systems for the Aquia Overlook, Section 3 subdivision be and they hereby are waived. Planning and Zoning; Consider a Conditional Use Permit to Allow Two Street Crossings in a Flood Hazard Overlay District on Hulls Chapel Road. The County Attorney commented. Mr. Brito motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-458 with a change.
Resolution R07-458 reads as follows: A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP2700641 TO ALLOW TWO STREET CROSSINGS IN A FLOOD HAZARD OVERLAY DISTRICT, ON ASSESSOR’S PARCELS 37-10, 11, 16 AND 42C, HARTWOOD ELECTION DISTRICT WHEREAS, Abel Development LLC, applicant, has submitted application CUP2700641 requesting a Conditional Use Permit to allow two street crossings in a Flood Hazard Overlay District, on the above-described property; and WHEREAS, the application has been submitted pursuant to Stafford County Code Section 28-35, Table 3.1 of the Zoning Ordinance which permits this use in a Flood Hazard Overlay District by a Conditional Use Permit approved by the Board; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff, and testimony at the public hearing; and WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that a Conditional Use Permit pursuant to application CUP2700641 be and it hereby is approved with the following conditions: 1. This Conditional Use Permit is for a street crossing in a Flood Hazard Overlay District on Assessor’s Parcels 37-10, 11, 16 and 42C consisting of 6.4716 acres. 2. The location of the street crossing shall be in the general location shown on the Generalized Development Plan, titled Staffordshire Subdivision, prepared by ATCS, P.L.C, dated August 23, 2007. 3. The applicant shall obtain all applicable Federal, State and County permits and authorizations for stream encroachment, water quality, wetlands, land disturbance, and Chesapeake Bay Preservation Area overlay district requirements. 4. The applicant shall obtain a Letter of Map Revision (LOMR) after the construction of the access road culvert is complete to reflect the as-built conditions. 5. Construction of the road crossing shall be limited to the hours of 6:00 a.m. to 8:00 p.m. daily, and weekends and holidays 8:00 a.m. to 8:00 p.m. 6. The applicant shall submit to the County and receive approval of a major water quality impact assessment for the area affected by this application prior to constructing the access road culvert. 7. The applicant shall notify the Department of Code Administration upon commencing work on the access road culvert and associated fill areas along the tributaries to Abel Lake. 8. No portion of the development shall be left uncontrolled for the requirements of stormwater management. The applicant shall provide necessary BMP’s for all impervious areas. 9. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, federal, or state codes. 10. The Conditional Use Permit shall expire ten (10) years from the date of approval unless a permit for construction is obtained. 11. All State and County (Chapter 11) requirements pertaining to Erosion and Sediment Control shall be complied with during construction. Furthermore, additional sediment control measures shall be installed during construction to prevents erosion and sediment transport including, but not limited to Earth Berms, silt fence, sediment traps, basins and super silt fence. Recess. At 3:00 P. M., the Chairman declared a recess. Call to Order. At 3:10 P. M., the Chairman call the meeting back to order. Legislative; Discuss Tax Relief for the Elderly and Disabled. Mr. Milde commented. Discussion ensued. Mr. Schwartz motioned, seconded by Mr. Milde, to authorize a public hearing to amend the County Code regarding tax relief for the elderly and disabled raising the cap.
The Voting Board tally was: Legislative; Discuss At-Large Chairman Position for the Board of Supervisors in the 2009 Elections. Mr. Milde commented. Discussion ensued. The County Attorney commented. Mr. Milde motioned, seconded by Mr. Dudenhefer, to add to the County’s legislative package a request of the General Assembly to give Stafford the option of having a Chairman of the Board elected at large.
The Voting Board tally was: Legislative; Discuss Zoning Text Amendment to Allow Stone and Mulch Sales in A-1 District by Right. Mr. Gibbons commented. Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-517.
The Voting Board tally was: Resolution R07-517 reads as follows: A RESOLUTION TO DIRECT THE PLANNING COMMISSION TO PREPARE AN AMENDMENT TO THE ZONING ORDINANCE THAT WOULD ALLOW MULCH AND LANDSCAPE STONE SALES AS A BY-RIGHT USE IN THE A-1 (AGRICULTURAL) DISTRICT AND TO HOLD A PUBLIC HEARING ON THE PROPOSED AMENDMENT WHEREAS, currently, plant and tree nurseries and/or greenhouses are a by-right commercial use within the A-1 (Agricultural District) with the sale of mulch as a conditional use, usually operated ancillary to the nursery or greenhouse business; and WHEREAS, businesses that sell and install mulch and landscape stone sales exist independently of plant and tree nurseries and/or greenhouses and, yet, assist in the same function of providing landscaping and ecological design for the community; and WHEREAS, the Board, pursuant to Va. Code Section 15.2-2285, desires to initiate the process for consideration of a proposed amendment to the Zoning Ordinance that would allow commercial mulch and/or landscape stone sales as a by-right use in the A-1 (Agricultural) districts separate from plant and tree nurseries or greenhouses, to refer the proposed amendment to the Planning Commission for its recommendations; and WHEREAS, public necessity, convenience, general welfare or good zoning practices requires review and public consideration of such proposed amendments to the Zoning Ordinance as provided for hereinabove, and for such other amendments as may be determined necessary. NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the proposed amendment to the Zoning Ordinance on allowing mulch and landscape stone sales as a by-right use in the A-1 (Agricultural) districts be and is hereby initiated and referred to the Stafford County Planning Commission for its review of the suggested amendment and its recommendations returned to the Board for consideration. Legislative; Discuss Synthetic Turf Athletic Fields at Smith Lake Park. Mr. Anthony J. Romanello, Deputy County Administrator, gave a presentation. Mr. Chris Hoppe, Acting Director of Parks and Recreation, commented. Discussion ensued. Legislative; Discuss Dominion Virginia Power Lines. Mr. Gibbons commented. The County Attorney commented further. Legislative; Discuss George Washington Regional Commission Green Government Committee. Mr. Dudenhefer commented. Hearing no objections from the Board, this committee is to be added to the Boards, Authorities, Commissions and Committees listing for appointments at the Annual Meeting in January 2008. Legislative Closed Meeting. At 4:05 P. M., Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution CM07-36.
The Voting Board tally was: Resolution CMR07-36 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 legal advice in regards to the Crow’s Nest property acquisition, condemnation, and related litigation matter; and a claim for property damages by Charles and Wendy Harrison; and WHEREAS, pursuant to Section 2.2-3711 A.3 and A.7 Va. Code Ann., such discussions may occur in Closed Meeting; NOW, THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors, on this the 18th day of December, 2007, does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 5:13 P. M., Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-36a.
The Voting Board tally was: Resolution CMR07-36a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 18th day of December, 2007, 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 4th day of December, 2007, 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; Authorize the Approval of an Agreement for the Purchase of a Portion of the Crow’s Nest Property with an Option to Purchase the Remainder of Crow’s Nest; Budget and Appropriation of Deposit; Authorize Public Hearing; Notice of Intent to Reimbursement Proceeds. Mr. Milde motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-515 with a change.
The Voting Board tally was: Resolution R07-515 reads as follows: A RESOLUTION TO AUTHORIZE THE APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF A PORTION OF THE CROW’S NEST PROPERTY WITH AN OPTION TO PURCHASE THE REMAINDER OF CROW’S NEST; BUDGET AND APPROPRIATION OF DEPOSIT; AUTHORIZE PUBLIC HEARING; NOTICE OF INTENT TO REIMBURSE PROCEEDS WHEREAS, the Stafford County Board of Supervisors authorized the condemnation of approximately 2,887 acres of property owned by Stafford Lakes Limited Partnership, generally referred to as the Crow’s Nest property; and WHEREAS, condemnation litigation was filed on behalf of Stafford County in Circuit Court seeking to acquire the 2,887 acres of the Crow’s Nest property through eminent domain; and WHEREAS, negotiations have continued to occur during the pendency of the condemnation litigation between Stafford County and Stafford Lakes Limited Partnership; and WHEREAS, the Board of Supervisors desires to acquire the Crow’s Nest property without an undue financial burden on the taxpayers of Stafford County; and WHEREAS, the Virginia Department of Conservation and Recreation (DCR) has offered the County grant funds in the amount of $9.5 million toward the acquisition of a portion of the Crow’s Nest property, if the property can be acquired without the use of eminent domain; and WHEREAS, a low interest loan in the amount of $9.5 million has been made available to Stafford County from the Department of Environmental Quality (DEQ) via the Virginia Resources Authority (VRA), for the purchase of a portion of the Crow’s Nest property, if the property can be acquired without the use of eminent domain; and WHEREAS, Stafford Lakes Limited Partnership has offered to sell Stafford County the 2,887 acres of Crow’s Nest land involved in the current condemnation litigation for a total out-of-pocket purchase price of $35.2 million, with the purchase to be structured as a $19 million immediate purchase of approximately 1,720 acres, with an option for the County to purchase the remaining approximate 1,167 acres by December 1, 2009; and WHEREAS, the Crow’s Nest owners have requested that the agreed Fair Market Value of the property be set at $38 million, with the actual price paid by Stafford County being $35.2 million, and the difference reflecting a donation to the County in accordance with federal and state tax benefits potentially available to the property owner; and WHEREAS, the Agreement requires a $1 million non-refundable deposit to be made, which deposit shall be applied toward the initial $19 million payment for the acquisition of the 1,720 acres of the Crow’s Nest property; and WHEREAS, the Board desires to acquire the Crow’s Nest property in two stages, through the use of State money granted by the DCR and a low interest loan from DEQ through VRA and to acquire the optional parcel of Crow’s Nest property through such other funding sources as may be located between now and December 1, 2009; and WHEREAS, the Board has determined that the acquisition of the Crow’s Nest property is in the public interest and promotes the general public convenience, health, safety and welfare; and WHEREAS, the acquisition of the Crow’s Nest property will preserve an important historical and cultural resource for residents of Stafford County and the Commonwealth of Virginia in perpetuity; NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors on this the 18th day of December, 2007, does hereby approve the Agreement for the purchase of the Crow’s Nest property consisting of an initial purchase of approximately 1,720 acres for the purchase price of $19 million, with an option to purchase the remaining approximately 1,167 acres for the purchase price of $16.2 million to be exercised by December 1, 2009, if at all; and BE IT FURTHER RESOLVED that this purchase is contingent upon receiving a $9.5 million grant from the Department of Conservation and Recreation and a $9.5 million low interest loan from the Department of Environmental Quality through the Virginia Resources Authority; and BE IT STILL FURTHER RESOLVED that the Board does hereby authorize and instruct the County Administrator to make the $1 million deposit as specified in the Agreement; and BE IT STILL FUTHER RESOLVED that the Board does hereby budget and appropriate $1 million to be deposited in accordance with the Agreement, from the General Fund; and BE IT STILL FURTHER RESOLVED that the County Administrator is authorized to sign all necessary documents, including the Agreement with such necessary changes that may be needed for clarification and do not change the substance or terms and as approved by the County Attorney, to effect the acquisition of the first portion of the Crow’s Nest property in accordance with the Agreement, to request the grant funds from the Department of Conservation and Recreation and the low interest loan from the Department of Environmental Quality, as well as all other actions necessary and contemplated under the Agreement to effectuate this acquisition; and BE IT STILL FURTHER RESOLVED that the County presently intends, at one time or from time to time, to finance this Project with state funds and tax-exempt or taxable bonds or other obligations (the "Bonds") and to reimburse capital expenditures paid by Stafford County (including expenditures previously paid by the County to the extent permitted by law) in connection with this Project before the issuance of the Bonds; and BE IT STILL FURTHER RESOLVED that Stafford County expects to pay $1,000,000 in capital expenditures related to this Project and incurred before receipt of state funds or the issuance of the Bonds with an interfund loan or loans from the General Fund or from temporary appropriations or loans from the General Capital Projects Fund and Stafford County expects to pay debt service on the Bonds from the General Fund consisting of general tax revenues for the projects; and BE IT STILL FURTHER RESOLVED that this Resolution is adopted for the purposes of complying with Treasury Regulation Section, 1.150-2 or any successor regulation and shall be in full force and effect upon its adoption; and the Clerk of the Board shall file a copy of this Resolution in the records of Stafford County available for inspection by the general public during Stafford County's normal business hours; and
BE IT STILL FURTHER RESOLVED that the Board does hereby authorize the County Administrator to advertise a public hearing to budget and appropriate the BE IT STILL FURTHER RESOLVED that if any local funds are needed for the County to exercise the option to purchase Parcel B, a public referendum will be held to seek approval of the voters for borrowing the necessary funds; and BE IT FINALLY RESOLVED that the Board does hereby authorize the County Administrator to explore all appropriate grants and funding sources to permit the Board to exercise the option to acquire the remainder of the Crow’s Nest property in accordance with the Agreement on or before December 1, 2009. Recess. At 5:16 P. M., the Chairman declared a recess until 7:00 P. M. Call to Order. At 7:08 P. M. the Chairman called the meeting back to order. Invocation. A moment of silence was observed for the Colonial Forge High School Student Cecilia E. Chavez who died as a result of a automobile accident. Pledge of Allegiance. Mr. Cavalier led in the recitation of the Pledge of Allegiance to the Flag of the United States of America. Legislative; National Night Out Awards. Mr. Milde and Deputy Darrell English presented recognition awards to Neighborhood Watch Programs. Presentations by the Public. The following persons spoke on the topics as identified: Buddy Secor - Dominion Virginia Power transmission lines. Harry Crisp - Campaign issues.
Becky Guy. - Expressed appreciation to Mr. Fields for all his efforts. Dean Fetterolf - Expressed appreciation to Mr. Gibbons for all his efforts. Cecilia Kirkman - Save Crows Nest.
Lou Silver - History. Legislative; Farewell Speeches. Mr. Cavalier, Mr. Fields, and Mr. Gibbons commented on their terms. Planning and Zoning; Amend and Reordain the Zoning Ordinance by Amending the Zoning District Map to Reclassify Assessor’s Parcels 38-76A, 38-76B(Portion), 3-76C, 38-76E, 38-76F, and 38-76G from A-1, Agricultural Zoning Districts to M-1, Light Industrial Zoning District. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-479 to deny. Discussion ensued. Mr. Brito made a substitute motion, seconded by Mr. Fields, to defer this item. Discussion further ensued.
The Voting Board tally on the substitute motion was:
Resolution R07-479 reads as follows: A RESOLUTION TO DENY THE REQUEST TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY FROM A-1, Agricultural TO M-1, LIGHT INDUSTRial ON ASSESSOR'S PARCELS 38-76A, 38-76B (PORTION), 38-76C, 38-76E, 38-76F, AND 38-76G AQUIA ELECTION DISTRICT WHEREAS, R. Income Properties, LLC and Airport Business Group, LLC, has submitted application RC2700404 requesting reclassification, of Assessor’s Parcels 38-76A, 38-76B (portion), 38-76C, 38-76E, 38-76F, AND 38-76G from A-1, Agricultural, to M-1, Light Industrial, consisting of 37.95 acres, located on the west side of Wyche Road, 2,500 feet south of Courthouse Road, within the Aquia Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board has determined that the requested zoning is incompatible with the surrounding land uses and zoning; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that application RC2700404 be and it hereby is denied. Planning and Zoning; Consider an Amendment to Proffered Conditions at 3050 Jefferson Davis Highway and Consider a Conditional Use Permit at 3050 Jefferson Davis Highway. Mr. Milde declared that he owns Lot #63. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation.
The Chairman opened a public hearing on both issues. Mr. Milde motioned, seconded by Mr. Schwartz, to adopt proposed Ordinance O07-79.
The Voting Board tally was: Ordinance O07-79 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE PROFFERED CONDITIONS ON A PORTION OF ASSESSOR’S PARCEL 21-51, ZONED B-2, URBAN COMMERCIAL, AQUIA ELECTION DISTRICT WHEREAS, RH Development LLC, applicant, has submitted application RC2700501 requesting an amendment to proffered conditions on a portion of Assessor’s Parcel 21-51, zoned B-2 Urban Commercial, consisting of 5.31 acres located on the east side of Jefferson Davis Highway, 2,000 feet north of Garrisonville Road, Aquia Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board has determined that the requested amendment to proffered conditions is appropriate; and NOW, THEREFORE BE IT ORDAINED, by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to amend proffered conditions on the parcel of land as described above, as follows: 1. PARCEL 51
A. PROHIBITED USES
B. TRANSPORTATION
C. DESIGN CRITERIA
1. All rooftop equipment will be screened from the adjacent parcels.
D. SIGNAGE AND LIGHTING
E. ENVIRONMENTAL
F. SITE LAYOUT: 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., however, such requirement shall not prohibit the orientation of the service entrance / service reception area from facing Jefferson 6. Loading spaces and dumpster pads shall not be permitted within the front yard of any building located along Jefferson Davis Highway. 7. If any walls are constructed to screen parking, materials, colors and features similar to those of the buildings on site shall be utilized. 2. PARCEL 51A
A. USE RESTRICTIONS
B. ARCHITECTURAL DESIGN AND SIGNAGE
C. LIGHTING
D. TRANSPORTATION
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, 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. 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. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-447.
The Voting Board tally was:
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP2700502 TO ALLOW MOTOR VEHICLE SALES, SERVICE, AUTOMOBILE REPAIR, AND RENTAL IN A B-2, URBAN COMMERCIAL, ZONING DISTRICT, ON A PORTION OF ASSESSOR’S PARCEL 21-51, AQUIA ELECTION DISTRICT WHEREAS, RH Development LLC, applicant, has submitted application CUP2700502 requesting a Conditional Use Permit to allow motor vehicle sales, service, automobile repair, and rental in a B-2, Urban Commercial, Zoning District, on the above-described property; and WHEREAS, the application has been submitted pursuant to Stafford County Code, Section 28-35, Table 3.1 of the Zoning Ordinance, which permits this use in a B-2, Urban Commercial, Zoning District after a Conditional Use Permit has been approved by the Board; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for approval of a Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that a Conditional Use Permit pursuant to application CUP2700502 be and it hereby is approved with the following conditions: This Conditional Use Permit is for Motor Vehicle Sales, Service, Repair, and Rental on TM 21-51 consisting of 5.31 acres. The primary use shall be new vehicle sales. The building design and materials shall be in general conformance with the renderings entitled “Proposed Elevations”, dated November 21, 2007. Parking lot lighting shall be directed downward and inward on the site to prevent glare onto adjacent streets and neighboring property. A lighting plan shall be submitted with the site plan. An access drive shall be constructed at least 30 feet in width along the eastern property boundary in the location shown on the Generalized Development Plan entitled “Aquia Auto Mall”, dated October 2007. This access drive shall remain open at all times to provide a continuous connection to both sides of Coachman Circle. There shall be no vehicles parked or unloaded within any public right-of-way. Customer parking areas will be clearly marked and not used for display purposes. Rooftop mechanical equipment shall be screened from view from any public right of way. All automobile service and repair shall be performed inside the buildings. No service bay doors shall be located along the west facing side of any building facing Jefferson Davis Highway. The service reception area facing Jefferson Davis Highway shall exclude any service operations other than pick-up and drop-off of vehicles. Storage areas for inoperable vehicles shall be screened from Jefferson Davis Highway and Coachman Circle. There shall be no outdoor display or storage of automobile parts. No display vehicles outside of the buildings shall be elevated on platforms or ramps and display vehicles shall be limited to impervious surfaces. No parking shall be conducted inside the buffer yards. No off-road test tracks shall be permitted on the site. Buildings shall be equipped with sprinkler systems for fire suppression. No flags, lights, balloons, streamers, or windsocks shall exceed the elevation of the building. There shall be no outdoor noise amplification. Transitional buffer along east portion of the property will include a mix of evergreens. Plantings shall screen the view of the homes along the eastern property line. This Conditional Use Permit will expire within 5 years of approval if a building permit has not been issued for construction of the first building for vehicle sales. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, federal, or state codes. Planning and Zoning; Amend and Reordain the Zoning Ordinance by Amending the Zoning District Map to Reclassify Assessor’s Parcels 21-49 (portion), 21-49H, 21-49J AND 21-49Q from B- 2, Urban Commercial Zoning Districts to P-TND, Planned Traditional Neighborhood Development Zoning District at Aquia Towne Center; (2) Request for Deviation from Table 3.5(a) and Table 3.5(c) of the Zoning Ordinance for the Reclassification of the Town Center of Aquia. Mr. Jeff Harvey, Director of Planning and Zoning , gave a presentation.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O07-76 with changes. Discussion ensued. Mr. Dudenhefer made a substitute motion, seconded by Mr. Gibbons, to defer this item for 30 days.
Discussion further ensued. Recess. At 11:20 P. M., the Chairman declared a recess. Call to Order. At 11:28 P. M. the Chairman called the meeting back to order. Planning and Zoning; Amend Section 22-5, Family and Minor Subdivisions; and Section 22-176, Private Access Easement, of the Subdivision Ordinance. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation.
The Chairman opened a public hearing. Mr. Fields motioned, seconded by Mr. Brito, to adopt proposed Ordinance O07-58.
The Voting Board tally was: Ordinance O07-58 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE COUNTY CODE BY AMENDING SECTION 22-5, FAMILY AND MINOR SUBDIVISIONS, AND SECTION 22-176, PRIVATE ACCESS EASEMENTS, OF THE SUBDIVISION ORDINANCE WHEREAS, the Subdivision Ordinance regulates the minimum width for the actual roadway within a Private Access Easement and Family Subdivision for lots less than five (5) acres but does not provide a minimum width for the easement; and WHEREAS, Section 12-22 of the County Code requires that to ensure access to buildings and structures for firefighting and rescue apparatus all fire lanes shall have a minimum width of twenty (20) feet; and WHEREAS, the Board desires the Subdivision Ordinance to be consistent with other chapters of the County Code and the Code of Virginia; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good subdivision practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the Stafford County Code be and it hereby is amended and reordained by amending Section 22-5, Family and Minor Subdivisions; and, Section 22-176, Private Access Easements, of the Subdivision Ordinance as follows, with all other portions remaining unchanged: Sec. 22-5. Family and minor subdivisions. (a) Family subdivisions. (8) Lots of less than five (5) acres may shall be served by an right-of-way of not less than ten (10) feet in width providing ingress and egress easement at least twenty (20) feet wide, clear of any structures and vegetation, to a road which is part of the Virginia Department of Transportation road system. The roadway within the ingress/egress easement shall be no less than ten (10) feet in width. (9) Each lot or property five (5) acres or greater in area shall front on a road which is a part of the Virginia Department of Transportation road system, or be served by an right-of-way ingress/egress easement of not less than fifty (50) feet in width, with a minimum width of twenty (20) feet for the roadway clear of any structures or vegetation, to a road which is part of the Virginia Department of Transportation road system. The roadway within the ingress/egress easement shall be no less than ten (10) feet in width. Sec. 22-176. Private access easements. (c) For family divisions or minor subdivision with an access easement to serve two (2) or fewer properties, the roadway within the easement shall have a minimum width of at least ten (10) feet. Lots less than five (5) acres shall be served by an ingress/egress easement at least twenty (20) feet wide, clear of any structures and vegetation. Lots five (5) acres or larger shall be served by an ingress/egress easement at least fifty (50) feet wide, with a minimum width of twenty (20) feet for the roadway clear of any structures and vegetation. Such easement shall not serve any property less than one acre in size and shall not serve as a through street; that is, it shall not intersect with any other road or private access easement. Mr. Fields motioned, seconded by Mr. Brito, to refer proposed Ordinance O07-71 back to the Planning Commission for further review.
The Voting Board tally was: Planning and Zoning; Amend Section 28-25 Definitions of Specific Terms; Section 28-35, Table of Uses and Standards; Table 3.1, District Uses and Standards; Section 28-39, Special Regulations; Table 3.2(f), Cultural/Entertainment Uses within Transect Zones; Table 3.2(g) Agricultural Uses within Transect Zones; Table 3.4(b) Open and Park Space; Table 3.5(a) Allocation of Transect Zones; Table 3.5(b) Base Residential Density; Table 3.5(d) Setbacks, Main Buildings; and Table 3.5(f) Heights/Number of Stories; and Table 7.1 Required Parking Spaces, of the Zoning Ordinance. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation on both issues.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O07-77.
The Voting Board tally was: Ordinance O07-77 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE COUNTY CODE WHEREAS, the Board approved the Planned-Traditional Neighborhood Development (P-TND) zoning district on July 17, 2007; and WHEREAS, the Board in approving the P-TND zoning district directed the Planning Commission to consider modifications to the zoning district dealing with the maximum heights, density, and tract size; the residential components within the P-TND; and any other changes necessary; and WHEREAS, the Planning Commission held a public information meeting on September 12, 2007; and WHEREAS, the Planning Commission held a public hearing on the amendments with recommendations for modifications dealing with the maximum height, density, and tract size; and other changes as deemed necessary; and WHEREAS, the Planning Commission does not support the option of not requiring a residential component with a P-TND; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; 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 ORDAINED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the Stafford County Code be and it hereby is amended and reordained by amending Section 28-25, Definitions of specific terms; Section 28-35, Table of Uses and Standards, Table 3.1, District Uses and Standards; Section 28-39, Special Regulations, Table 3.2(f), Cultural/Entertainment Uses Within Transect Zones; Table 3.2(g), Agricultural Uses Within Transect Zones; Table 3.4(b), Open and Park Space; Table 3.5(a), Allocation of Transect Zones; Table 3.5(b), Base Residential Density; Table 3.5(d), Setbacks, main buildings; and Table 3.5(f), Heights/Number of Stories, of the Zoning Ordinance as follows, with all other portions remaining unchanged: Sec. 28-25. Definitions of specific terms. Redevelopment. The removal and replacement, rehabilitation, or adaptive reuse of an existing structure(s) or building(s), or of land from which previous improvements have been removed. Replacement may include construction of residential, commercial, industrial, public, or other uses as well as provisions for streets, parks and other public works (facilities). Sec. 28-35. Table of uses and standards. Table 3.1. District Uses and Standards P-TND Planned – Traditional Neighborhood Development a. Uses permitted by-right Golf course, minimum of 18 holes and may include practice tees and golf driving range as an accessory only Greenhouses Public facilities for water/sewer pump stations and water tanks Stables
Golf course, minimum of 18 holes and may include practice tees and golf driving range as an accessory only Substation Telecommunication Facility c. Requirements: (1) Intensity: Minimum gross tract area/acres……… 30 75 except for redevelopment, provided there is no increase of impervious area greater than ten (10) percent, no minimum gross tract area/acres for such redevelopment Allocated density, gross tract …….…....10 d.u/gross tract acres Sec. 28-39. Special Regulations (q) Planned-Traditional Neighborhood Development (P-TND)
4. Transect Zones
a. T1, Natural Zone 15. List of uses permitted within specific Transect Zones Table 3.2(f) Cultural/Entertainment Uses Within Transect Zones
Library
Museum
18 Hole Golf Course
T1
Greenhouse
Stable
Water Tank
Substations
Telecommunication Facility including as an ancillary use to an existing structure
Telecommunication Antennas as an ancillary use to an existing structure or building
Table 3.4(b) Open & Park Space
Recreational
Table 3.5(a) Allocation of Transect Zones
Allocation of Zones
Min/max % of non-residential uses * May increase if includes an 18 hole golf course
Base Residential Density
Front – min/max* (feet)
50 / none
Side – min/max* (feet)
Rear – min (feet)
Table 3.5(f) Heights / Number of Stories
Maximum Height (feet)
# of stories – min/max
The Voting Board tally was: Ordinance O07-78 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN SECTION 28-25, DEFINITIONS OF SPECIFIC TERMS; SECTION 28-35, TABLE OF USES AND STANDARDS, TABLE 3.1. DISTRICT USES AND STANDARDS; AND TABLE 7.1, REQUIRED PARKING SPACES, OF THE ZONING ORDINANCE WHEREAS, the Board may amend the Zoning Ordinance, pursuant to the Code of Virginia, when it determines that the health, safety, or general welfare of the public necessitates such changes; and WHEREAS, the furtherance of said purpose, such ordinances shall be designed to give reasonable consideration to facilitate the creation of convenient, attractive, and harmonious communities; and WHEREAS, the Board desires to encourage the location of schools in the County to educate its populace; and WHEREAS, by definition, there are only three types of schools in the County: public facilities for a public school, schools, and vocational schools; and WHEREAS, if a facility is designed, constructed or used for education or as an institution in any branch of knowledge excluding a public school or those meeting the definition of vocational school it shall be considered a school; and WHEREAS, schools by their nature place unique demands on transportation and sanitation beyond what is normally experienced in certain areas of the County; and WHEREAS, the Board desires to continue to encourage schools in appropriate locations; and WHEREAS, public necessity, convenience, general welfare and good zoning practices are served by the initiation of an amendment to establish appropriate definitions for schools to address the needs of institutions; and WHEREAS, the Board has carefully considered the recommendations of the Planning Commission and staff and the testimony at the public hearing; 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 ORDAINED by the Stafford County Board of Supervisors on this the 18th day of December, 2007 that Sections 28-25, Definitions of Specific Terms; 28-35, Table of Uses and Standards, Table 3.1, District Uses and Standards; and Table 7.1, Required Parking Spaces of the Zoning Ordinance be and they hereby are amended and reordained as follows, with all other portions remaining the same: Sec. 28-25. Definitions of specific terms. Public facilities. Any public works supplied generally by a governmental organization. Such public works shall include, but not limited to, airports, parks, schools owned and/or operated by Stafford County or the Commonwealth of Virginia, water and sewer facilities and police and fire protective facilities. School. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge excluding industrial or vocational schools or any schools owned and/or operated by Stafford County or the Commonwealth of Virginia. School, industrial. An establishment which primarily teaches usable skills that prepare students for jobs in a trade or business that include, but not limited to:
(a) the mechanical or chemical transformation of materials and goods into finished products. School, vocational. Any school which primarily teaches usable skills that prepare students for jobs in a trade that requires the mechanical or chemical transformation of materials and goods into finished products, requires the assembly or disassembly of machinery or equipment or trucks, or requires the use of chemicals and solvents for finishing products. An establishment offering courses of training in a skill or trade including instruction for certification by the state to operate an automobile or motorcycle. This term shall not include any training or instruction that requires the discharging of firearms, techniques for defense driving or operating a truck or heavy equipment. Except for automobile driving schools, all instructions and training shall be conducted indoors. Sec. 28-35. Table of uses and standards. Table 3.1. District Uses and Standards
B-1 Convenience Commercial: School, vocational
B-2 Urban Commercial: School, vocational
B-3 Office: School, vocational
RBC Recreational Business Campus School School, vocational
RC Rural Commercial School, vocational SC Suburban Commercial. (a) Uses permitted by right: School, vocational
M-1 Industrial Light School, vocational (b) Conditional use permit: School, industrial
M-2 Industrial, Heavy School, vocational (b) Conditional use permit: School, industrial
PD-1 Planned Development 1. School, vocational
PD-2 Planned Development 2. School, vocational HC Highway Corridor Overlay (b) Conditional use permit: (14) School, industrial Table 7.1 Required Parking Spaces
Schools, including public schools: Elementary Middle
Vocational/professional/industrial College/university
Per 25 students
Per 15 students Per 5 students Per 100 square feet gfa classroom space
Per 100 square feet gfa classroom space Per 400 square feet gfa gymnasium space Per 300 square feet gfa office/admin space
Per dormitory/residence room
1.5
1.0 1.0 4.0
The County Attorney commented further.
The Chairman opened a public hearing. Mr. Gibbons motioned, seconded by Mr. Brito, to adopt proposed Resolution R07-466.
The Voting Board tally was: Resolution R07-466 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board has the authority to enter into an agreement with the Virginia Department of Transportation (VDOT) under Section 33.1-375.1 (D), Va. Code Ann.; and WHEREAS, the Board is concerned about the proliferation of illegal signs within VDOT rights-of-way; and WHEREAS, the Board has determined that entering into an agreement with VDOT for the removal of illegal signs within VDOT rights-of-way will promote a more attractive community; and WHEREAS, the Board feels that the public health, safety, morale, or welfare requires that a sign removal program be adopted; and WHEREAS, the Board has considered the recommendation of staff and the testimony at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of December, 2007, that the County Administrator be and he hereby is authorized to approve and execute an Agreement with the Virginia Department of Transportation under Section 33.1-375.1, Va. Code Ann., to adopt a County sign removal program, and designate the County Administrator, or his designee, to be the County’s responsible party for enforcement under this Agreement. County Administration; Consider Amending Chapter 21 of the County Code Governing The Disposal of Solid Waste. Ms. Julie May, Recycling-Litter Control Analyst, gave a presentation.
The Chairman opened a public hearing. Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Ordinance O07-80.
The Voting Board tally was: Ordinance O07-80 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21, ARTICLES I, II, AND III OF THE STAFFORD COUNTY CODE WHEREAS, the Board desires to amend Chapter 21, Articles I, II, and III of the Stafford County Code entitled Solid Waste; and WHEREAS, the Rappahannock Regional Solid Waste Management Board rather than Stafford County operates the landfill; and WHEREAS, the Board has conducted a public hearing and received public comments on the amendment of Chapter 21 of the Stafford County Code; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this 18th day of December, 2007, that the Stafford County Code is hereby amended and reordained as follows: ARTICLE I. IN GENERAL
Sec. 21-1. Definitions.
Sec. 21-2. Violations of chapter.
Sec. 21-7. Transportation of refuse by refuse removers.
Sec. 21-8. Identification of refuse vehicles.
Sec. 21-9. Vehicles to be equipped with fire extinguishers.
Sec. 21-10. Inspection of vehicles.
Sec. 21-11. Hours and manner of refuse removal.
Sec. 21-12. Frequency of removal.
Sec. 21-13. Emptying and cleaning of vehicles generally.
Sec. 21-14. Use of approved disposal site in emptying vehicles.
Sec. 21-15. Removal of hazardous waste, explosives and other harmful materials. ARTICLE II. PERMIT FOR REFUSE REMOVERS
Sec. 21-21. Required.
Sec. 21-22. Application.
Sec. 21-23. Issuance.
Sec. 21-24. Permit number for vehicles.
Sec. 21-25. Term.
Sec. 21-26. Security.
Sec. 21-27. Denial of permit.
Sec. 21-28. Fee.
Sec. 21-29. Termination of business. ARTICLE III. SANITARY LANDFILLS
Sec. 21-36. Availability for use.
Sec. 21-37. Use charges.
Sec. 21-38. Prohibited deposits generally.
Sec. 21-39. Deposit of refuse originating outside county.
Sec. 21-40. Authority to promulgate rules and regulations.
Sec. 21-41. Suspension of use privileges. Sec. 21-1. Definitions. For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them by this section: Garbage: Readily putrescrible discarded materials composed of animal, vegetable or other organic matter. Hazardous waste: Any waste material, including garbage, trash and refuse, derived from households; A substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated under 49 CFR Parts 171 and 173. Landfill: The landfill within th |