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July 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 1:07 P. M., Tuesday, July 17, 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: Steve Crosby, County Administrator; Gail Roberts, Deputy County Attorney and Marty Beard, Chief Deputy Clerk. Legislative; Presentation of a Proclamations.
· Recognize and Commend Richard “Sidney” Stevens. Legislative; Presentation by Fred Rankin of Mary Washington Hospital Medicorp. Mr. Fred Rankin, President and CEO of Medicorp Health System, gave a presentation and responded to Board members questions. Presentations by the Public. The following persons spoke on topics as identified:
Kathy Taddeo - Stormwater issues. Legislative; Presentations and Committee Reports by Board Members. Board members spoke on topics as identified:
Mr. Cavalier - Attended Stafford Baseball Scholarship Ceremony.
Mr. Dudenhefer - Dominion Virginia Power transmission lines public hearings.
Mr. Fields - Attended Rappahannock River Basin Commission meeting.
Mr. Gibbons - Bluemont Concerts.
Mr. Milde - Attended Potomac and Rappahannock Transportation Commission meeting; Virginia Railway Express meeting; and the Fredericksburg Area Metropolitan Planning Organization meeting.
Mr. Schwartz - Attended Stafford High School graduation.
Mr. Brito - Transportation funding.
Mr. Cavalier
Mr. Gibbons Legislative; Report of the County Administrator. Mr. Steve Crosby, County Administrator, commented on the following:
- Video/sound system improvements in Board Chambers.
Legislative; Report of the County Attorney. Ms. Gail Roberts, Deputy County Attorney, commented on the following: Legislative; Consent Agenda. Mr. Dudenhefer motioned, seconded by Mr. Fields, to adopt the Consent Agenda consisting of Items 1 thru 17, minus 11d.
The Voting Board tally was: Item 1. Legislative; Approve Minutes of Board Meetings. Regular Meeting of June 5, 2007; Adjourned Meeting of June 16, 2007; Regular Meeting of June 19, 2007 and Adjourned Meeting of June 23, 2007.
Resolution R07-284 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING 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 17th day of July 2007, that the above-mentioned EL be and it hereby is approved. Item 3. Finance; Award Contract and Budget and Appropriate State Funds for Preservation, Redaction, and Image Conversion of Clerk of Circuit Court Records Resolution R07-295 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR 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 Supreme Court of Virginia has mandated standards for Clerk of Circuit Court data on secure remote access and public retrieval system sites; and WHEREAS, the County has received funding from the State Compensation Board to bring the records into compliance; and WHEREAS, the Board desires that County records be in compliance with mandated standards; and WHEREAS, two County deed books are in need of preservation; and WHEREAS, grant funds have been received for preservation services; and WHEREAS, the Board desires to preserve the deed books; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to execute contracts with Logan Systems, Inc., in an amount not to exceed Five Hundred Fifty-four Thousand Fifty-two Dollars ($554,052), and Brown’s River Records Preservation Services, in an amount not to exceed Four Thousand Nine Hundred Fifty-two Dollars ($4,952); and BE IT FURTHER RESOLVED that State Compensation Board funds in the amount of Three Hundred Twenty-four Thousand Fifty-two Dollars ($324,052) be and they hereby are budgeted and appropriated to the Clerk of Circuit Court; and BE IT STILL FURTHER RESOLVED that Library of Virginia funds in the amount of Four Thousand Nine Hundred Fifty-two Dollars ($4,952) be and they hereby are budgeted and appropriated to the Clerk of Circuit Court. Item 4. Legislative; Approve Proclamations. Proclamation P07-16 reads as follows: A PROCLAMATION TO RECOGNIZE AND COMMEND GORDON BYRAM WHEREAS, Gordon Byram and other concerned citizens in the Mountain View community joined forces in 1959 to establish the Mountain View Station, a sub-station of the Falmouth Fire Department that evolved into today’s Mountain View Volunteer Fire & Safety Association, Inc.; and WHEREAS, Gordon Byram donated land adjacent to his property for the original firehouse on Kellogg Mill Road, and dedicated his considerable energy to serving as the station’s first fire chief; and WHEREAS, by 1980, when the size of new fire apparatus forced expansion of the original structure, Gordon Byram donated a second parcel of land to accommodate equipment and increasing volunteer activities; and WHEREAS, Gordon Byram generously donated additional acreage in the mid-1980s for a facility to house volunteers and an ambulance for the newly established Mountain View Rescue Station; and WHEREAS, Gordon Byram also served his community as the Rock Hill District Supervisor during three terms from 1947 – 1951 and 1959 – 1967; and WHEREAS, Gordon Byram owned Byram’s Market at the intersection of Mountain View Road and Kellogg Mill Road, selling food, gasoline and feed for animals, and offering an informal meeting place for residents from throughout the district to share political views and listen to sage advice from Mr. Byram; and WHEREAS, at 93 years of age, Gordon Byram continues to visit the volunteers and career personnel at the station, and enjoys working in his yard and garden at home; and WHEREAS, the Board desires to call to the attention of citizens everywhere the life’s work of Gordon Byram, a man who is highly respected as a political figure, community leader and the oldest member of the Stafford fire service; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that Gordon Byram be and he hereby is commended for his outstanding efforts and generosity on behalf of all the residents of Stafford. Proclamation P07-17 reads as follows: A PROCLAMATION TO RECOGNIZE AND COMMEND RICHARD “SIDNEY” STEVENS WHEREAS, Sidney Stevens has served as a member of the Mountain View Volunteer Fire & Safety Association, Inc. since its inception in 1959 as the Mountain View Station, a sub-station of the Falmouth Fire Department; and WHEREAS, Sidney Stevens is a dedicated volunteer who has responded to more than 60 percent of his station’s calls for assistance over the last 48 years; and WHEREAS, Sidney Stevens has held lieutenant and captain positions at Mountain View, currently serves as the chief engineer and safety officer, and willingly covers shifts when anyone needs time off to ensure adequate response to emergencies; and WHEREAS, Sidney Stevens enjoys working with the new recruits, sharing stories about the “good old days” before radios when volunteers were alerted using a siren, and the fact that the first truck to respond to a call dropped bags of lime at intersections to point the way to the incident scene; and WHEREAS, Sidney Stevens is highly respected by other volunteers and career staff alike for his long tenure and experience, and they consider him to be the “iron man” of the fire service; and WHEREAS, Sidney Stevens is a fixture at the firehouse, always eager to offer his mechanical and electronic expertise around the station or at a friend’s home; and WHEREAS, the Board desires to call to the attention of citizens everywhere the dedication, professionalism and longevity with which Sidney Stevens has served his community; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that Sidney Stevens be and he hereby is commended for his outstanding efforts on behalf of all the citizens of Stafford. Proclamation P07-18 reads as follows: A PROCLAMATION TO DECLARE THE WEEK OF AUGUST 27 – SEPTEMBER 2, 2007 AS FIRE AND RESCUE APPRECIATION WEEK WHEREAS, Stafford firefighters and emergency medical responders maintain a high level of training, physical strength, stamina, courage and selfless concern for the welfare of all citizens; and WHEREAS, for the past 53 years, firefighters and emergency medical personnel throughout the Commonwealth and the nation have worked with the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, Nick Butler, a student at Anne E. Moncure Elementary School who was diagnosed in 1997 with Spinal Muscular Atrophy Type II, serves as the regional MDA representative; and WHEREAS, in support of efforts to find cures for these devastating diseases, the Stafford County Firefighters Association, paramedics and emergency medical technicians will hold a “Fill the Boot” campaign during the Labor Day weekend at Stafford Marketplace, the intersection of Butler Road and Cambridge Street in Falmouth, Berea Fire Station 12 on Route 17, and The Market at Shelton Shop; and WHEREAS, these committed men and women hope to surpass the $14,000 they collected during the “Fill the Boot” campaign in 2006; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the outstanding community spirit exhibited by Stafford firefighters and emergency services personnel, and to urge residents to donate generously in support of their fundraising efforts on behalf of the MDA; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the week of August 27 – September 2, 2007, be and it hereby is declared as Fire and Rescue Appreciation Week. Proclamation P07-19 reads as follows:
A PROCLAMATION TO DESIGNATE AUGUST 7, 2007, AS WHEREAS, the National Association of Town Watch is sponsoring a nationwide crime, drug and violence prevention program on August 7, 2007 called “National Night Out 2007”; and WHEREAS, the 24th annual “National Night Out” provides a unique opportunity for the County to join forces with thousands of localities across the nation to promote cooperative crime prevention efforts by police and the community; and WHEREAS, Sheriff Charles Jett urges all citizens to turn on their porch lights the evening of Tuesday, August 7th, and participate in block parties with their neighbors to discuss anti-crime strategies and to form neighborhood watch groups; and WHEREAS, Sheriff’s deputies and McGruff the Crime Dog will visit neighborhoods to educate citizens about police-community partnerships and to emphasize the impact their participation and vigilance can have on reducing crime, drugs and violence in the County; WHEREAS, the Board plays a vital role in assisting the Stafford Sheriff’s Office through joint crime, drug and violence prevention efforts throughout the year, and enthusiastically endorses “National Night Out 2007”; and WHEREAS, the Board urges all citizens to join the Sheriff’s Office and the National Association of Town Watch in supporting this highly effective crime prevention initiative; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that August 7, 2007, be and it hereby is proclaimed as “National Night Out 2007” in Stafford County. Proclamation P07-20 reads as follows: A PROCLAMATION TO RECOGNIZE AND COMMEND APRIL SINKLER WHEREAS, April Sinkler graduated from Brooke Point High School in 2007, where she was an outstanding athlete and a dedicated volunteer who accumulated 160 individual hours with the Learn and Serve Program; and WHEREAS, April Sinkler excelled in track, basketball and soccer, and winning High School All District, All Region, All State and All American in the triple jump, high jump and the long jump, and placing first in the nation in the 2007 Nike Outdoor National Meet in the high jump; and WHEREAS, April Sinkler garnered 25 District titles, 12 Regional titles and three second-place finishes at the Virginia AAA state meet, achievements for which she was honored four times as an “All-Met Washington Post” track athlete and twice as the “Free Lance-Star Female Athlete of the Year” in 2006 and 2007; and WHEREAS, April Sinkler volunteered in the Head Start Program at Stafford Elementary School where she created lesson plans, worksheets and activities designed to promote literacy and interactive social skills, and also assisted a teacher with administrative tasks; and WHEREAS, April Sinkler collected donations from friends, family and local businesses to purchase personal items for victims of violence seeking temporary refuge at the Rappahannock Women’s Shelter; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the outstanding athletic accomplishments and volunteer spirit exhibited by April Sinkler, and to wish her well as she attends Clemson University on a full track scholarship to pursue a degree in sociology; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that April Sinkler be and she hereby is recognized and commended for her impressive athleticism and efforts on behalf of the community. Item 5. Utilities; Approve an Addition to the Federal Express Building at 300 Centerport Parkway While on the County Pump and Haul Permit System Resolution R07-288 reads as follows: A RESOLUTION TO ALLOW A BUILDING ADDITION AT FEDERAL EXPRESS AT 300 CENTREPORT PARKWAY WHILE ON PUMP AND HAUL WHEREAS, the property at Federal Express, 300 Centreport Parkway is an approved Non-residential Pump and Haul customer under Resolution R06-339; and WHEREAS, Resolution R06-339 provides that the property owner may not expand and/or modify the existing structure unless approved on a case-by-case basis by the Utilities Commission and the Board; and WHEREAS, the Federal Express has requested permission to construct an addition to its structure which is connected to a pump and haul tank; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the Pump and Haul Agreement be and it hereby is amended to allow the construction of building addition of approximately 24,700 square feet at Federal Express, 300 Centreport Parkway. Item 6. Administration; Appoint a Deputy Animal Control Officer Resolution R07-290 reads as follows:
A RESOLUTION TO APPOINT A DEPUTY ANIMAL WHEREAS, the Code of Virginia provides for the appointment of an Animal Control Officer and his deputies by the governing body; and
WHEREAS, Section 5-2 of the County Code requires the appointment of the WHEREAS, the Board has previously appointed the following: NAME
Michael E. Null, Jr. Animal Control Officer (ACO)
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that NAME Anthony McCall Deputy ACO be and he hereby is appointed as a Deputy Animal Control Officer for enforcing the animal control laws. Item 7. Transportation; Petition VDOT to Include Chelsea Manor Lane within Chelsea Estates Subdivision into the Secondary System of State Highways Resolution R07-271 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 Chelsea Manor Lane within Chelsea Estates Subdivision 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 17th day of July 2007, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following street within Chelsea Estates Subdivision into the Secondary System of State Highways:
Street Station Length 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 Chelsea Estates Subdivision, LR 020034599, recorded November 19, 2002; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Developer and the Residency Administrator of VDOT. Item 8. Transportation; Petition VDOT to Accept Battery Ridge Drive within Battery Ridge Estates Subdivision into the Secondary System of State Highways Resolution R07-272 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 Battery Ridge Drive within Battery Ridge Estates Subdivision 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 17th day of July 2007, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following street within Battery Ridge Estates Subdivision into the Secondary System of State Highways:
Street Station Length 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 Battery Ridge Estates Subdivision, LR 030044285, recorded October 23, 2003; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Developer and the Residency Administrator of VDOT. Item 9. Transportation; Abandon, Add and Change Road Network from Construction of Interstate 95 and Centreport Parkway in the Secondary System of State Highways Resolution R07-287 reads as follows:
A RESOLUTION THAT PETITIONS THE VIRGINIA DEPARTMENT WHEREAS, the Interstate 95 Interchange and Centreport Parkway was constructed; and WHEREAS, as a result of this construction, adjustments need to be made to the Secondary System of State Highways; and WHEREAS, the new roads serve the same citizens as the portions of old roads to be abandoned, which segments no longer serve a public need; and WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to abandon from the Secondary System of State Highways, pursuant to Section 33.1-155, Code of Virginia (1950), as amended, the following segments as shown on the drawings entitled “Stafford County Changes in the Primary and Secondary System due to relocation and construction of Route 95, Project: 0095-089-108, C501”:
Type of Change to the Secondary System of State Highways: Abandonment
Street Name and/or State Route Number WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to add to the Secondary System of State Highways pursuant to Section 33.1-229, Code of Virginia (1950), as amended, the following sections as shown on the drawing entitled “Stafford County Changes in the Primary and Secondary System due to relocation and construction of Route 95, Project: 0095-089-108, C501”:
Type of Change to the Secondary System of State Highways: Addition
Street Name and/or State Route Number WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to make data corrections to the Secondary System of State Highways pursuant to Section 33.1-69, Code of Virginia (1950), as amended, the following sections as shown on the drawing entitled “Stafford County Changes in the Primary and Secondary System due to relocation and construction of Route95, Project: 0095-089-108, C501”:
Type of Change to the Secondary System of State Highways: Data Correction
Street Name and/or State Route Number NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that it be and hereby does approve the aforementioned abandonments, additions, and data corrections to and from the Secondary System of State Highways; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Item 10. Transportation; Request the Virginia Department of Transportation to Conduct a Speed Study Along the Appropriate Length of Jefferson Davis Highway Serving the Rappahannock Regional Jail and the Rowser Complex Resolution R07-299 reads as follows:
A RESOLUTION TO REQUEST THE VIRGINIA DEPARTMENT WHEREAS, turning movements have become increasingly dangerous on Jefferson Davis Highway at the intersection serving the Rappahannock Regional Jail and the Rowser Complex; and WHEREAS, a significant expansion of the Rappahannock Regional Jail is under construction; and WHEREAS, citizen and employee use of the Rowser Complex is increasing; and WHEREAS, recent accidents have endangered vehicular occupants and pedestrians; and WHEREAS, the Board is concerned about a variety of traffic safety issues at that location; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July 2007 that the Board be and it hereby does request that the Virginia Department of Transportation (VDOT) conduct a speed study along the appropriate length of Jefferson Davis Highway serving the Rappahannock Regional Jail and the Rowser Complex; and BE IT FURTHER RESOLVED that the Board be and it hereby does request that VDOT approve the installation of a traffic signal to be coordinated with the completion of the Rappahannock Regional Jail expansion. Item 11. Legislative; Authorize Public Hearings. Resolution R07-262 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board is authorized to set reasonable fees and charges for the review services provided by the Departments of Code, Fire and Rescue, Planning and Zoning, and Utilities; and WHEREAS, the Board acknowledges that the fees for these services have not tracked the costs for the services provided; and WHEREAS, the Board desires to set fees for services to be commensurate with services provided by the County in reviewing and processing such applications; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to advertise a public hearing on August 21, 2007, to amend and readopt the Development Fee Schedule for the Departments of Code, Fire and Rescue, Planning and Zoning, and Utilities. Resolution R07-285 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING TO CONSIDER ENTERING INTO AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE REMOVAL OF ILLEGAL ADVERTISEMENTS WITHIN THE LIMITS OF THE HIGHWAY WHEREAS, the Board has the authority to enter into agreements with the Virginia Department of Transportation (VDOT) under Section 33.1-375.1 (D), Va. Code Ann.; and WHEREAS, the Board desires to consider public comments concerning the proposed agreement with VDOT for the removal of illegal advertisements within VDOT rights-of-way; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July 2007, that the County Administrator be and he hereby is authorized to advertise for a public hearing to allow for presentation and public comment for the purpose of entering into an agreement with VDOT for the removal of illegal advertisements within the limits of the highway. Resolution R07-301 reads as follows: A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE FISCAL YEAR 2007 BUDGET WHEREAS, certain activities related to the receipt of bond proceeds and the payment of capitalized interest in the amount of $1,375,916 have transpired in the General Projects Capital Projects Fund which need to be recorded in the General Fund; and WHEREAS, certain activities related to the receipt of bond proceeds and the repayment of interim Commercial Paper in the amount of $2,715,000 have transpired in the General Projects Capital Projects Fund which need to be recorded in the General Fund; and WHEREAS, certain activities related to the receipt of Virginia Public School Authority proceeds related to a debt service credit resulting form a refunding of VPSA bonds in the amount of $1,438,200 have transpired in the General Fund have transpired and need to be correctly accounted for; and WHEREAS, adjustments to the budgets of the General Fund and the General Capital Projects Funds are needed in order to record these transaction appropriately; and WHEREAS, Section 15.2-2507 of the Code of Virginia (1950), as amended requires that a public hearing be held on these proposed amendment to the budgets; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the Board be and it hereby does authorize the County Administrator to advertise a public hearing be held on August 21, 2007 to consider amendments to the Fiscal Year 2007 budget as follows:
General Capital Projects Fund:
General Fund: Item 12. Planning; Refer to the Planning Commission a Comprehensive Compliance Review for a County Communication Facility at 1225 Courthouse Road Resolution R07-292 reads as follows: A RESOLUTION TO REFER A REQUEST FOR A COMPREHENSIVE PLAN COMPLIANCE REVIEW FOR A PUBLIC EMERGENCY COMMUNICATIONS FACILITY TO BE CONSTRUCTED AT THE PUBLIC SAFETY BUILDING ON ASSESSOR’S PARCEL 30-29G WHEREAS, the Department of Fire and Rescue is in the process of updating its communication system; and WHEREAS, the communication system requires the construction of a new public emergency communication facility, including a tower and antennae on the site of the new public safety building; and WHEREAS, before any public building or public structure or public utility facility can be constructed, it must be determined by the Planning Commission that the general or approximate location, character, and extent thereof is substantially in accord with the current adopted Comprehensive Plan, pursuant to Virginia Code Section 15.2-2232; and WHEREAS the Board desires to have the Planning Commission evaluate the proposed location, extent, and character of the public emergency communications facility as to whether it is in substantial accord with the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that a request for Comprehensive Plan Compliance Review for an emergency public communication facility on Assessor’s Parcel 30-29G be and it hereby is referred to the Planning Commission for its consideration, pursuant to the requirements of Virginia Code Section 15.2-2232. Item 13. Economic Development; Confer the Official Name of the Stafford Museum Program, its Board of Directors, and its Not-For-Profit Designation Resolution R07-253 reads as follows:
A RESOLUTION TO CONFER THE OFFICIAL NAME OF THE WHEREAS, the Museum Committee is continuing its important work of identifying sites for the future home of the Stafford Museum and Visitor Center, and has made many strides in identifying highly important artifacts to be protected and displayed for future generations of County residents and visitors; and WHEREAS, the Museum Committee is soliciting approval of the Board to confer the official name of the Stafford Museum Project, allow the creation of a Board of Directors and authorize the Board of Directors to seek not-for profit designation; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the Board be and hereby does authorize the creation of a Board of Directors, one member per election district, officially confer the name “Stafford Museum and Cultural Center,” and authorize the Board of Directors to seek not-for-profit designation to allow fundraising. Item 14. Utilities; Award Contracts for Water and Sewer Maintenance and Construction Services for FY2008 Resolution R07-296 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Department of Utilities periodically needs the services of outside contractors to perform water and sewer maintenance and construction projects that are beyond the capabilities of County resources; and WHEREAS, funds have been appropriated in the FY2008 Operating and Capital Improvements budgets for this purpose; and WHEREAS, bids have been solicited and received for providing water and sewer maintenance and construction assistance to the County; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to execute contracts with Kruckenberg Service Company in an amount not to exceed Five Hundred Thousand Dollars ($500,000); W. C. Spratt, Inc. in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000); and Patterson Construction Company in an amount no to exceed Two Hundred Fifty Thousand Dollars ($250,000) to provide water and sewer maintenance and construction services at the unit prices quoted. BE IT FURTHER RESOLVED that, subject to funds being appropriated each year for this purpose, these contracts shall have an option to renew for up to four (4) additional one-year terms if mutually agreed upon. Item 15. Utilities; Award Contract for Construction of the Rappahannock River Intake and Pumping Station Resolution R07-297 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board authorized the design for the intake and pumping station located on the Rappahannock River necessary for the Rocky Pen Run Reservoir; and WHEREAS, this design was completed and offered for public bid; and WHEREAS, four bids were received, of which Haymes Brothers, Inc. was determined to be the lowest responsive bidder with a bid of $4,750,000; and WHEREAS, sufficient funds are budgeted for this contract; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to execute a contract with Haymes Brothers, Inc. in an amount not to exceed Four Million Seven Hundred Fifty Thousand Dollars ($4,750,000) for construction of the Rappahannock River intake and pumping station. Item 16. Utilities; Award Contract for Construction of the Upper Accokeek Wastewater Pump Station Upgrades Resolution R07-298 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board authorized upgrades to the Upper Accokeek Wastewater Pumping Station by adoption of the General Sewer Replacement Plan to meet increasing wastewater flows in central Stafford; and WHEREAS, the design for these improvements was completed and offered for public bids; and WHEREAS, four bids were received, of which Rappahannock Construction Company, Inc. was determined to be the lowest responsive bidder with a bid of $1,099,999; and WHEREAS, sufficient funds are budgeted for this contract; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to execute a contract with Rappahannock Construction Company, Inc. in an amount not to exceed One Million Ninety-nine Thousand Nine Hundred Ninety-nine Dollars ($1,099,999) for construction of the Upper Accokeek Wastewater Pump Station Upgrades. Item 17. Planning; Refer to the Planning Commission an Amendment to the Street Addressing Ordinance to Change the Index of Official Road Names Resolution R07-306 reads as follows:
A RESOLUTION TO REFER TO THE PLANNING COMMISSION WHEREAS, the Board has established a Countywide system for naming all roads and numbering all principal buildings in the County; and WHEREAS, the Board is authorized by Section 15.2-2019 of the Code of Virginia (1950), as amended, to name roads; and NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the Planning Commission be directed to hold a public hearing and provide the Board a recommendation concerning an amendment to the Index of Official Road Names to name and rename portions of roads to the name of South Gateway Drive in the Fredericksburg Postal Area. Item 17a. Continue the Public Hearing for the Reclassification and Conditional Use Permit Applications for Fairfield Inn & Suites.
A RESOLUTION TO CONTINUE THE PUBLIC HEARING WHEREAS, at a meeting on May 15, 2007 the Board conducted a public hearing on the reclassification and conditional use permit applications for the Fairfield Inn & Suites pursuant to Application RC2600559 and CUP2600560; and WHEREAS, the Board continued the public hearing to the meeting on August 21, 2007 to allow time for the Applicant to further address citizen comments; and WHEREAS, the Applicant has requested to further continue the public hearing to the Board’s meeting on November 20, 2007; and WHEREAS, the Board desires to grant the Applicant’s request; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July 2007 that the Board be and it hereby does grant the request of the Applicant to continue the public hearing to the Board meeting on November 20, 2007 on the reclassification and conditional use permit applications for the Fairfield Inn & Suites pursuant to Application RC2600559 and CUP2600560. Finance; Authorize a Public Hearing to Budget and Appropriate Funds for a Radio Communications System. Mr. Brito commented. Ms. Maria Perrotte, Chief Financial Officer, and Anthony Romanello, Deputy County Administrator, commented further. Mr. Brito motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R07-308 with a change. Discussion ensued. Mr. Gibbons made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-308. Discussion ensued.
The Voting Board tally on the substitute motion was: Resolution R07-308 reads as follows:
A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO WHEREAS, the Board has solicited proposals for the design, delivery, installation and testing of a Radio Communications System and associated equipment, sub-systems and services; and WHEREAS, the source of funds for the system is expected to be proceeds from the sale of bonds, and WHEREAS, there needs to be an amendment to the Fiscal Year 2008 budget to allow for the receipt of the proceeds and the purchase of the system, including the related costs; and WHEREAS, there must be a public hearing prior to the amendment of the budget; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July 2007, that the County Administrator be and he hereby is authorized to advertise a public hearing to be held on August 21, 2007 on Proposed Resolution R07-307 which budgets and appropriates debt proceeds for capital acquisition in the amount of $31,000,000. Utilities; Discuss Mandatory Water and Sewer Connections. Mr. Mr. Brito gave a committee report. Mr. Gibbons commented further on the committee report. Discussion ensued. Mr. Gibbons motioned, seconded by Mr. Milde, to bring proposed Ordinance O07-65 to the Board in September, 2007.
The Voting Board tally was: Code Administration; Authorize a Public Hearing to Amend the Erosion and Sediment Control Ordinance. Mr. Steve Hubble, Environmental Programs Coordinator, gave a presentation and responded to Board members questions. Mr. Gibbons motioned, seconded by Mr. Milde, to schedule the date of September 4, 2007 for the public hearing on the amendment to the Erosion and Sediment Control Ordinance.
The Voting Board tally was: Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-204.
The Voting Board tally was: Resolution R07-207 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, local Erosion and Sediment Control Programs are authorized by the Code of Virginia to have more stringent regulations; and WHEREAS, it is necessary to amend the Erosion and Sediment Control Ordinance to increase the amount for civil penalties, and modify inspection requirements; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to advertise a public hearing on September 4, 2007 to amend and reordain the Erosion and Sediment Control Ordinance regarding civil penalties and inspection requirements. Transportation; Authorize the County Administrator to Execute a Contract to Improve Foreston Woods Drive, Highpointe Boulevard, Silverthorn Court and Sutherland Boulevard for Acceptance into the Secondary System of State Highways. Mr. Fulton DeLamorton, Senior Engineer Office of Transportation, gave a presentation and responded to Board members questions. Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-137. Discussion ensued.
The Voting Board tally was: Resolution R07-137 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, Foreston Woods Drive, Highpointe Boulevard, Silverthorn Court and Sutherland Boulevard, having been designed to Virginia Department of Transportation (VDOT) standards, have not been accepted by VDOT due to the incompletion of each by developers; and WHEREAS, it is the desire of the Board to improve and complete these public streets in accordance with the respective approved construction plans so VDOT will include each into the Secondary System of State Highways; and WHEREAS, the Board has appropriated funds to be expended for the purchase of goods and services in accordance with an approved budget; and WHEREAS, a portion of the project expenses are eligible for reimbursement from the County’s fuel tax funds, with the balance being paid from developer securities; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the County Administrator be and he hereby is authorized to execute contracts not to exceed $1.65 million to improve Foreston Woods Drive, Highpointe Boulevard, Silverthorn Court and Sutherland Boulevard for VDOT acceptance of each street into the Secondary System of State Highways; and BE IT FURTHER RESOLVED that the County Attorney and County Administrator be and they are hereby authorized to take necessary legal action against responsible parties to recoup the cost of this work; and BE IT FURTHER RESOLVED that the Potomac and Rappahannock Transportation Commission be and it hereby is requested to reimburse the County for eligible expenditures from the fuels tax fund. Utilities; Authorize a Non-Residential Pump and Haul for Living Hope Lutheran Church. Mr. Dale Allen, Assistant Director of Utilities-Engineering, gave a presentation and responded to Board members questions. Mr. Brito motioned, seconded by Mr. Fields, to defer proposed Resolution R07-303. Discussion ensued. Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-303.
The Voting Board tally on the original motion was:
The Voting Board tally on the original motion was: Legislative; Adopt Legislative Initiatives for 2008 Virginia General Assembly. Mr. David Gayle, Assistant Director of Economic Development and Legislative Affairs, gave a presentation and responded to Board members questions. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-294 with changes.
The Voting Board tally was: Resolution R07-294 reads as follows: A RESOLUTION TO ESTABLISH LEGISLATIVE INITIATIVES FOR THE 2008 GENERAL ASSEMBLY WHEREAS, the Board seeks enabling legislation and amendments to the Code of Virginia to accomplish Stafford County’s legislative initiatives for the 2008 General Assembly; and WHEREAS, the Board desires that the Virginia Association of Counties (VACo) and the Virginia Municipal League (VML) support the legislative initiatives contained herein; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007 that the members of the General Assembly representing Stafford be and they hereby are requested to introduce and support the following priority initiatives: Tax Relief for Disabled Veterans. Legislation to allow local governing bodies to exempt veterans who suffer from 100% disability from paying local taxes. Developer Securities for Subdivision Streets. Enabling legislation to provide the local governing body the authority to determine requirements for developer securities for the construction of subdivision streets.
Phasing of Construction. An amendment to the Code of Virginia to provide localities with authority to adopt, as part of its local erosion and sediment control ordinance, a requirement for construction phasing which would limit the acreage of land disturbance to a specified portion of the overall project and require proper stabilization of the disturbed acreage prior to proceeding with any subsequent phase of land disturbance activity on the property. Such authority must include the ability for the local governing body to extend a waiver from the requirements for construction phasing when the project meets certain criteria enumerated in the Erosion and Sediment Control Ordinance. BE IT FURTHER RESOLVED that the Board requests the support of the Governor, the members of the General Assembly, the Virginia Association of Counties and the Virginia Municipal League for the following initiatives: Snow removal. Enabling legislation to allow the Board to adopt an ordinance to require homeowners to remove snow from the sidewalk in front of a residence. Regulation of parking on secondary streets. Enabling legislation to allow the Board to adopt an ordinance to regulate or prohibit the parking of boats, RV’s, campers, etc. on subdivision streets in the County.
Property Maintenance Code. Enabling legislation to allow the local governing body to apply the local property maintenance code to urban areas of the locality, while exempting more rural areas from the provisions of the code. Local Regulation of Timbering. An amendment to Section 10.1-1126.1 of the Code of Virginia to explicitly state that, once a subdivision plan or site plan is submitted for local approval at the request of the property owner of the property for a development project, any timbering on the property is subject to local development regulations. Freedom of Information Act. Amendments to the Freedom of Information Act to:
a) Provide that personal information about a private citizen who corresponds with a public official can be redacted when responding to a request from a third party for such correspondence pursuant to the Act; Teen Drivers. An amendment to Section 46.2-334.01 of the Code of Virginia to:
a) Allow drivers who are 16 years of age to carry only one passenger of any age unless accompanied by a licensed parent or legal guardian; Errors and Omissions Insurance for Onsite Soil Evaluators. Statutory authority for the Virginia Department of Health to require Authorized Onsite Soil Evaluators (AOSE’s) to carry errors and omissions insurance to provide an option other than civil remedies in the event that an Evaluator does not perform contract obligations. Property Tax Circuit Breakers. Legislation to allow localities to implement circuit breaker tax credits whereby taxpayers earning below a certain income level would be granted some amount of tax relief when their property taxes exceed a certain percentage of their income. Legislative; Refer to the Planning Commission an Amendment to the Zoning Ordinance Regarding Open Space Ratio Requirements in the A-1 and A-2 Zoning Districts. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-305 reads as follows:
A RESOLUTION TO REFER AN AMENDMENT TO THE ZONING ORDINANCE TO THE PLANNING COMMISSION REGARDING WHEREAS, under current ordinance, public works, cemeteries, clubs, lodges, fraternal organizations, schools, and places of worship require a Special Exception in order to reduce the open space ratio requirements in the A-1, Agricultural, and A-2, Rural Residential zoning districts; and WHEREAS, the Board recognizes the civic and community value of locating public works, cemeteries, clubs, lodges, fraternal organization, schools, and places of worship near the communities they serve; and WHEREAS, with consideration for the amount of property required to accommodate the parking associated with the various uses listed, the Board desires an amendment to the Zoning Ordinance to encourage such uses to locate or expand in the A-1 and A-2 zoning district; and NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that proposed Ordinance O07-66 be and it hereby is referred to the Planning Commission for its consideration; and BE IT FURTHER RESOLVED that the Planning Commission be and it hereby is directed to make its recommendations no later than September 4, 2007. Legislative; Discuss Funding Options for the Purchase of Development Rights Program. Mr. Milde commented. Discussion ensued. Hearing no objections from the Board, this item will be discussed further at the next Board meeting. Legislative; Discuss Proffer Guidelines. Mr. Brito commented. Discussion ensued. Legislative; Discuss Outside Agencies Additional Funding. Mr. Schwartz commented. Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-329. Discussion ensued. Mr. Milde made a substitute motion to provide funding to the Lions Club. Discussion ensued. Mr. Milde withdrew his motion.
The Voting Board tally on the original motion was: Resolution R07-329 reads as follows:
A RESOLUTION TO ALLOCATE ADDITIONAL FUNDS IN FY2008 WHEREAS, the Board discussed the funding of Regional and Community Agencies during the FY2008 budget process; and WHEREAS, the Budget was approved by Resolution R07-80 on June 5, 2007; and WHEREAS, the Board desires that the Regional and Community Agencies that the County financially supports be funded as requested; and WHEREAS, the additional funds of $88,257 to the Regional and Community Agencies will be transferred from the General Fund, Contingency Account; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of July, 2007, that the Regional and Community Agencies be funded in FY2008 as requested with an additional Eighty-eight Thousand Two Hundred Fifty-seven Dollars ($88,257) from the General Fund Contingency Account. Legislative; Discuss Comprehensive Plan Timeline. Mr. Gibbons commented. Discussion ensued. Hearing no objections from the Board, the Planning Commission was requested to review the 3202 legislation and the Fredericksburg Area Metropolitan Planning Organization data. Transportation; Reconsider the Action to Execute a Contract to Improve Foreston Woods Drive, Highpointe Boulevard, Silverthorn Court and Sutherland Boulevard for Acceptance into the Secondary System of State Highways. Mr. Milde motioned, seconded by Mr. Fields, to reconsider Resolution R07-137.
The Voting Board tally was: Mr. Milde motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-137 with a change.
The Voting Board tally was:
Mr. Brito motioned, seconded by Mr. Dudenhefer, to defer proposed Resolution
The Voting Board tally was: Legislative; Closed Meeting. At 5:00 P.M., Mr. Milde motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-23 .
The Voting Board tally was: Resolution CM07-23 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 disposition of County-owned real estate in regard to the sale of the Chatham Office Park property; a personnel matter involving candidates for the County Administrator position; the Smith Lake Park litigation; and a personnel matter involving the Internal Auditor position. WHEREAS, pursuant to Section 2.2-3711 A1, A3, and A7 Va. Code Ann., such discussions may occur in Closed Meeting; NOW, THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors, on this the 17th day of July, 2007 does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 5:26 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification.. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-23a.
The Voting Board tally was: Resolution CM07-23a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 17th day of July, 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 17th day of July, 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. Utilities; Reconsider A Non-Residential Pump and Haul for Living Hope Lutheran Church. Mr. Cavalier motioned, seconded by Mr. Milde to reconsider this issue.
The Voting Board tally was:
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-303 reads as follows: A RESOLUTION TO AUTHORIZE NON-RESIDENTIAL PUMP AND HAUL AT LIVING HOPE LUTHERAN CHURCH, 325 COURTHOUSE ROAD 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 Parcel 28-117, 325 Courthouse Road until permanent sewer becomes available; 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 17th day of July, 2007, that the County Administrator be and he hereby is authorized to add Parcel 28-117, 325 Courthouse Road 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 the approval is contingent on the Church recording adequate public sewer easements satisfactory to the County, to provide gravity sewer service to the site; 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. Legislative; Enter Negotiations to Appoint a New County Administrator. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to enter into negotiations for a contract with Anthony Romanello as the new County Administrator.
The Voting Board tally was: Recess. At 5:30 P.M., the Chairman declared a recess until 7:00 P.M. Call to Order. At 7:04 P.M., the Chairman called the meeting back to order. Invocation. Mr. Cavalier requested a moment of silence for Colonel Jon M. Lockey who was killed in Baghdad. Pledge of Allegiance. Mr. Schwartz lead in the Pledge of Allegiance to the Flag of the United States of America.
Legislative; Presentation of a Proclamations. Legislative; Presentations by the Public. Persons spoke on topics as identified:
Keith Vierling - Towering Concerns. Utilities; Consider Condemnation and Exercise of Quick-Take Powers to Acquire Tax Map Parcel 43-26 in Connection with the Rocky Pen Run Reservoir. Mr. Keith Dayton, Assistant Director of Utilities-Construction/Maintenance, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing.
Mr. Schwartz motioned, seconded by Mr. Fields, to deny proposed Resolution Discussion ensued. Mr. Milde made a substitute motion, seconded by Mr. Gibbons, to defer proposed Resolution R07-205.
The Voting Board tally was: Planning; Consider Amendment to the Zoning Ordinance and the Land Use Plan Element of the Comprehensive Plan to Include Traditional Neighborhood Development as a Type of Planned Development. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing.
Dan Sloane
Mr. Milde motioned, seconded by Mr. Dudenhefer, to approve proposed Ordinance Mr. Schwartz made a substitute motion, seconded by Mr. Brito, to deny proposed Ordinance O07-39 until after the Comprehensive Plan is adopted.
The Voting Board tally on the substitute motion was:
The Voting Board tally on the original motion was: Ordinance O07-39 reads as follows: AN ORDINANCE TO (1) AMEND AND REORDAIN THE COUNTY CODE BY AMENDING SECTION 28-25, DEFINITIONS OF SPECIFIC TERMS; SECTION 28-33, DISTRICTS GENERALLY; SECTION 28-34, PURPOSE OF DISTRICTS; TABLE 3.1, DISTRICT USES AND STANDARDS OF SECTION 28-35, TABLE OF USES AND STANDARDS; SECTION 28-39, SPECIAL REGULATIONS; SECTION 28-53, PLANNED DEVELOPMENT DISTRICTS; AND, SECTION 28-56 APPLICATION FOR PLANNED DEVELOPMENTS; AND (2) TO ENACT, ADOPT AND ORDAIN TABLE 3.2(a), RESIDENTIAL USES WITHIN TRANSECT ZONES; TABLE 3.2(b), LODGING USES WITHIN TRANSECT ZONES; TABLE 3.2(c), OFFICE USES WITHIN TRANSECT ZONES; TABLE 3.2(d), INSTITUTIONAL USES WITHIN TRANSECT ZONES; TABLE 3.2(e), RETAIL/EATING ESTABLISHMENTS WITHIN TRANSECT ZONES; TABLE 3.2(f), CULTURAL/ENTERTAINMENT USES WITHIN TRANSECT ZONES; TABLE 3.2(g), AGRICULTURAL USES WITHIN TRANSECT ZONES; TABLE 3.2(h), PUBLIC/CIVIC USES WITHIN TRANSECT ZONES; TABLE 3.3(a), PARKING REQUIRMENTS PER USE AND TRANSECT ZONES; TABLE 3.3(b), SHARED PARKING FACTOR; TABLE 3.3(c), PARKING FOR BICYCLES; TABLE 3.4(a), ADDITIONAL RESTRICTIONS AND LIMITATIONS FOR SPECIFIC USES; 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(c), LOT OCCUPANCY; TABLE 3.5(d), SETBACKS, MAIN BUILDING; TABLE 3.5(e), SETBACKS, ACCESSORY BUILDINGS; TABLE 3.5(f), HEIGHT/NUMBER OF STORIES; TABLE 3.5(g), BUILDING HEIGHT TO STREET RATIO; SECTION 28-66, P-TND, PLANNED-TRADITIONAL NEIGHBORHOOD DEVELOPMENT; AND SECTION 28-136, TYPES OF SIGNS PERMITTED IN THE P-TND DISTRICTS, OF THE ZONING ORDINANCE WHEREAS, the Comprehensive Plan encourages the use of mixed-use Planned Unit Developments (PUD); and WHEREAS, a Traditional Neighborhood Development (TND) meets the recommendations of the Comprehensive Plan for mixed-use PUD; and WHEREAS, the current Zoning Ordinance does not provide for the innovative development techniques required for a TND; and WHEREAS, the Comprehensive Plan anticipates the Zoning Ordinance will contain rigid PUD standards for mixed-use development, and WHEREAS, the Board believes that establishment of a Planned-Traditional Neighborhood Development district (P-TND) with detailed development standards is desirable for shaping the future land use within the County; 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 17th day of July, 2007, after a public hearing on the matter, that the Stafford County Code be and is hereby amended and reordained by amending Section 28-25, Definitions of specific terms; Section 28-33, Districts generally; Section 28-34, Purpose of districts; Table 3.1, District Uses and Standards of Section 28-35, Table of uses and standards; Section 28-39, Special Regulations; Section 28-53, Planned development districts; and, Section 28-56, Application for planned developments; and BE IT FURTHER ORDAINED that the Stafford County Code is amended by the adoption and enactment of Table 3.2(a), Residential uses within Transect Zones; Table 3.2(b), Lodging uses within Transect Zones; Table 3.2(c), Office uses within Transect Zones; Table 3.2(d), Institutional uses within Transect Zones; Table 3.2(e), Retail/Eating Establishments uses within Transect Zones; Table 3.2(f), Cultural/Entertainment uses within Transect Zones; Table 3.2(g), Agricultural uses within Transect Zones; Table 3.2(h), Public/Civic uses within Transect Zones; Table 3.3(a), Parking requirements per use and transect zones; Table 3.3(b), Shared parking factor; Table 3.3(c), Parking for bicycles; Table 3.4(a), Additional restrictions and limitations for specific uses; 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(c), Lot occupancy; Table 3.5(d), Setbacks, main building; Table 3.5(e), Setback, accessory buildings; Table 3.5(f), Heights/Number of stories; Table 3.5(g), Building height to street ratio; Section 28-66, P-TND, Planned-Traditional Neighborhood Development; and Section 28-136, Types of signs permitted in the P-TND districts, all of the Zoning Ordinance as follows, with all other portions remaining unchanged: Sec. 28-25. Definitions of specific terms. Civic buildings and uses. A building or area that may be a common place of destination or gathering for the purpose of providing educational, entertainment, fraternalism, worship, or community services to the public such as, but not limited to: libraries, cultural centers, museums, center for the arts, multiplex cinemas, town square, post offices, places of worship, community centers, fire stations with community rooms, and schools (public or private). For Traditional Neighborhood Development (TND) this term shall not include tot-lots, playgrounds, non-regulation or dedicated use athletic fields, or hiker-biker trails.
Dwelling, accessory. An ancillary dwelling unit limited to such uses as a family member apartment, guest house (for occasional visits by family or friends), or maid's quarters and shall conform to the following: Dwelling, carriage house. A dwelling unit with no more than two (2) bedrooms located above a detached garage on the same lot as a principal dwelling with access by an alley. The carriage house shall have a different address from the principal dwelling. Dwelling, quadruple-attached. . One of four (4) attached "Buildings" which are used as "single-family dwellings"; located side-by-side or two (2) side-by-side with two (2) directly behind them, on adjoining "Lots"; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other "building" by space on all other sides. Dwelling, semi-detached. One of two (2) attached "Buildings" which are used as "single-family dwellings"; located side-by-side on adjoining "Lots"; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other "building" by space on all other sides. Dwelling, three-family. A "building" containing three (3) "Dwelling Units," with two (2) of the "Dwelling Units" arranged side-by-side and situated either above or below the third "Dwelling Unit." Dwelling, triple-attached. One of three (3) attached "Buildings" which are used as "single-family dwellings"; located side-by-side on adjoining "Lots"; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other "building" by space on all other sides. Live/work unit. A building containing commercial unit(s) and dwelling unit(s). The dwelling unit(s) shall be on floors above the commercial unit(s). The access to the dwelling unit(s) shall be within the building containing the commercial unit(s). The occupant of the single-family unit does not have to be the occupant of the commercial unit. The floor area for each type of unit, commercial or single-family, excludes any stairs or hallways used to access the unit(s). This term does not include commercial apartments or three-family dwellings. Regulating Plan. The proposed land-use plan identifying the Transect Zones, primary roads, civic building and uses, pedestrian sheds, primary commercial frontage, and vista terminations for a Traditional Neighborhood Development (TND). Sign, directional. An on-premises sign designed to direct customers to an entrance, drive-through facility, or parking area, except for a development in the P-TND district. The directional sign shall not to exceed two and one-half (2 1/2) feet in height. Sign, tenant. A wall sign to identify more than one (1) tenant or business located within a building in which the tenant or business does not have a direct/independent entrance to a street and its primary entrance is through the principal entrance to the building. The sign shall be located near the principal entrance to the building. This term shall not include a business sign. Streetscape. A design term within a TND referring to all the elements that constitute the physical makeup of a street and that, as a group, defines its character, including but not limited to building frontage; street paving; street furniture; landscaping, including trees and other plantings; awnings and marquees; signs and lighting. Traditional Neighborhood Development (TND). An approach to land-use planning and urban design that promotes the development of pedestrian-friendly neighborhoods with a mix of uses, housing types and prices, lot sizes and density, architectural variety, a central civic building and use, a network of streets and alleys that may include on-street parallel parking, and defined development edges.
Transect Zone. A specific area shown on the Regulating Plan for a Traditional Neighborhood Development (TND). There are more than one (1) transect zone and each transect zone has its own development requirements per Sec. 28-39(p) of this Chapter, Vista. The visual or panoramic view of a streetscape or natural scenery. An illustration or photograph may be presented to show the vista. There shall be a “focal-point” for the vista such as, but not limited to, a building, square, fountain or monument. Vista termination. A location at the axial conclusion of a thoroughfare. A building located at a terminal vista designated on the regulating plan shall be required to be designed in response to the view along this axis thought its articulation, elevation and/or location. Sec. 28-33. Districts generally. P-TND Planned – Traditional Neighborhood Development Sec. 28-34. Purpose of districts. P-TND Planned – Traditional Neighborhood Development. The purpose of the P-TND is to provide areas of the county which are suitable for an approach to land-use planning and urban design that promotes the development or redevelopment of pedestrian-friendly neighborhoods with a mix of uses, housing types and prices, lot sizes and density, architectural variety, a central civic building and use, a network of streets and alleys that may include on-street parallel parking, and defined development edges. 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: Bank, lending institution with no drive-through facility Bed and breakfast inn, up to 5 rooms Bike station Carry out/café with no drive-through facility Center for the arts Conference center Convention center Country inn, up to 12 rooms Day care center Dormitory, school Duplex Dwelling, accessory Dwelling, atrium house Dwelling, attached Dwelling, carriage house Dwelling, condominium Dwelling, lot line Dwelling, multi-family Dwelling, patio house Dwelling, quadruple-attached Dwelling, semi-detached Dwelling, single family Dwelling, three-family attached Dwelling, townhouse Dwelling, village house Exhibition center Funeral home Golf course, minimum of 18 holes and may include practice tees and golf driving range as an accessory only Greenhouse High intensity retail uses not otherwise listed Home occupation Hotel Instruction with studio Kiosk Library Live/work unit Medical, dental office Medical, dental clinic Museum Open, farmers market Place of worship Outdoor pavilion Professional office Public facilities for water/sewer pump stations Public works Push cart Restaurant Retail uses permitted by right in the B-2 zoning district School School, college or university School, vocational Stables Telecommunication antennas as an ancillary use to an existing building or structure Theater, movie/multiplex Triplex (b) Conditional use permit: Automobile repair Drive-through facilities Home business Hospital Motel Public facilities, except for water/sewer pump stations Telecommunication facility other than antennas which are ancillary to an existing building or structure Vehicle fuel sales (c) Requirements: (1) Intensity: Minimum gross tract area/acres……… 30 Allocated density, gross tract …….…....10 d.u/gross tract acres Open Space Ratio, gross tract ………….0.25 ratio (2) Refer to Tables 3.5(a), 3.5(b), 3.5(c), 3.5(d), 3.5(e), 3.5(f), and 3.5(g) for additional intensity regulations within specific Transect Zones Sec. 28-39. Special regulations. (q) Planned- Traditional Neighborhood Development (P-TND). (1) Applicability. The regulations and provisions for P-TND, where permitted, by-right or conditional use permit, in accordance with Table 3.1 of this Chapter shall comply with this section. No use shall incorporate any of the regulations or provisions of this section unless reclassified as a P-TND district in accordance with this Chapter.
(2) Streets.
(3) Pedestrian sheds. b. Every residential unit shall be in at least one (1) pedestrian shed. c. The maximum length of a pedestrian shed is a circle with a radius of one thousand, three hundred and twenty (1,320) feet (the approximate distance of a leisurely five-minute walk), except that the maximum radius of a pedestrian shed on a transit hub or a proposed transit hub as a destination point is two thousand, six hundred forty (2,640) feet (the approximate distance of a ten-minute walk. Besides transit hubs, destination points shall be civic buildings and uses (planned or existing) or commercial uses. This is to encourage walking or bicycling and if the travel time would average longer than ten (10) minutes, then most would not walk or bike to the destination point. d. The regulating plan shall demonstrate the limits of the pedestrian shed for each residential unit per this Section. e. Each pedestrian shed shall contain not less than 5% of its gross land areas as open or park spaces as provided in Table 3.4(b).
(4) Transect Zones
a. T1, Natural Zone
b. T2, Rural Zone
c. T3, Suburban Zone
d. T4, General Urban Zone
e. T5, Urban Center Zone
f. T6, Urban Core Zone
g. SD-C, Special Districts-Commercial (5) Specific regulations for all Transect Zones. a. Regulations in addition to those found in Table 3.1 for the P-TND district, shall apply specifically to development within the Transect Zone. Modification or deviation from a specific regulation per Tables 3.5(a), 3.5(b), 3.5(c), 3.5(d), 3.5(e), 3.5(f) and/or 3.5(g) for a Transect Zone may be approved by the Board of Supervisors as part the approval of the reclassification to the P-TND district. b. Except for the SD-C Transect Zone, or a secondary dwelling fifty (50) or more years in age upon referral of the Stafford County Historic Commission, no more than one (1) principal building and one (1) accessory building, or one (1) carriage house shall be permitted on one (1) lot. c. All lots shall front on an existing, state-maintained street or a street meeting the requirements of the Subdivision Ordinance with the exception of lots with non-residential uses and not subject to the Subdivision Ordinance per Section 22-144 of the Subdivision Ordinance. d. In the case for infill lots, the front setback shall not be less than the shortest front setback established by the existing buildings on the same side of the street on the same block. e. Setbacks from alleys shall be measured from the edge of the easement and not the centerline. f. Street lights shall be designed to not cause any glare into any residential use that may be above the 1st floor at street grade. g. Outdoor storage shall be screened from view of any principal street by a streetscreen. Outdoor storage shall be screened from view of any other street or adjoining property in compliance with Section 130 of the DCSL. h. The P-TND shall contain at least three (3) Transect Zones.
(6) Parking and loading for all Transect Zones
b. The required parking for all uses within the Transect Zone shall be provided within the specific Transect Zone unless the required parking for a use is provided in another Transect Zone provided: c. A private parking garage for a residential dwelling may be counted towards the required parking space, however, the driveway accessing the private parking garage shall not be considered towards the required number of parking spaces even if the area of the driveway is adequate for a parking space. d. Other than parallel parking spaces, all parking spaces shall be accessed by an alley or a street that is not considered a principal street. e. Parking lots and loading and service areas shall be screened from the principal street by buildings or streetscreens. f. Loading and service areas shall be connected to the parking area and shall not have direct access from the main street of the P-TND.
(7) Parking and storage facilities for bicycles for all Transect Zones. b. Bicycle parking needs to be visible, accessible, easy to use, convenient, and plentiful. Parking of bikes should preferably be covered, well lit, and in plain view without being in the way of pedestrians or motor vehicles. c. Racks need to support the whole bike (not just one wheel) and enable the user to lock the frame and wheels of the bike with a cable or “U-shaped” lock. d. The racks shall be installed on a wide sidewalk with five (5) or more feet of clear sidewalk space remaining. e. The racks shall be installed in a manner to prevent theft of the rack. f. The racks shall be four (4) feet from fire hydrants, curb ramps, and building entrances. g. The racks shall be well distributed (have four or five racks distributed along the block rather than a group of four or five racks mid-block in one location). h. Located in areas of high pedestrian activity. i. The racks shall be located on the private property in which the use is located unless approved by the Board of Supervisors as part of the reclassification to the P-TND district, provided they are within 500 feet from the proposed use.
j. Consider long term storage facilities, such as “Bike Stations”, a centrally-located, secure bicycle parking garages that also offer bike rentals and repairs, with easy links to transit stations, lockers, and a variety of other services. The facility shall comply with the following:
(8) Architectural standards in all Transect Zones. b. Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to conceal mechanical equipment. c. Mechanical equipment, whether on the ground or the roof of a building shall be screened to where it is not visible from any street. d. To maintain positive drainage of rainfall, all residential buildings, excluding multifamily units, shall have pitched roofs and shall be symmetrically sloped no less than 5:12, except that porches and attached sheds may be no less than 2:12.
(9) Encroachments and projections in all Transect Zones. b. Stoops may encroach 100% of the depth of the setback. c. Open porches and awnings may encroach up to 50% of the depth of the setback. d. Balconies and bay windows may encroach up to 25% of the depth of the setback.
(10) Additional regulations for T-3 Transect Zones.
(11) Additional regulations for T-4 Transect Zones. b. Average lighting levels for street lights measured at the building frontage shall not exceed 2.0 fc (foot candles).
(12) Additional regulations for T-5 Transect Zones. b. Facades shall be built parallel to the principal street frontage line along a minimum of 70% of its length of the lot. A streetscreen shall be built along the remainder of the length of the lot. c. The floor at street grade of a residential unit or a building used for lodging shall be raised a minimum of two (2) feet above the average grade of the sidewalk. d. All parking areas, including parking garages, shall have a pedestrian access to the principal street except for a parking garage that is below the average grade of the principal street. A pedestrian access shall be provided from the principal street through the building which contains a parking garage below the average grade of the street. e. Average lighting levels measured at the building frontage shall not exceed 5.0 fc (foot-candles).
(13) Additional regulations for T-6 Transect Zones. b. The façade for buildings shall be built parallel to the principal street frontage line along a minimum of 80% of its length of the lot. The remainder of the length shall be a streetscreen. c. The floor at street grade of residential units or a building used for lodging shall be a minimum of two (2) feet above the average grade of the sidewalk. d. Awnings may encroach the public sidewalk without limit, provided the sidewalk is not within the right-of-way. e. All parking areas, including parking garages, shall have a pedestrian access to the principal street except for a parking garage that is below the average grade of the principal street. A pedestrian access shall be provided from the principal street through the building which contains a parking garage below the average grade of the street. f. Average lighting levels measured at the building frontage shall not exceed 5.0 fc (foot-candles).
(14) Additional regulations for SD-C Transect Zones. b. In the event of underground parking, pedestrian access shall be provided from the street through the building to the underground parking area. c. Awnings may encroach upon the sidewalk with no limits. d. Parking areas shall be screened from the principal street by a building, streetscreen or evergreen hedge. e. All parking areas, including parking garages, shall have a pedestrian access to the principal street except for a parking garage that is below the average grade of the principal street. A pedestrian access shall be provided from the principal street through the building which contains a parking garage below the average grade of the street. f. Mechanical equipment, including elevator penthouses, shall be screened from view from all public streets. g. Antennas or microwaves used for communication or telecommunication purposes shall be screened from view from all streets including streets that are not within the P-TND. h. All buildings shall provide equal entrance features for the side of the building facing the principal street and the parking area. i. Average lighting levels measured at the building frontage shall not exceed 5.0 fc (foot-candles). (15) List of uses permitted within specific Transect Zones. a. All uses listed in Table 3.1 are subject to specific Transect Zones and may not be permitted in a particular Transect Zone, either by-right or Conditional Use Permit (CUP), unless listed in the following tables. b. Only the uses listed in the following tables may be permitted, either by-right or CUP in the TND, all other uses are prohibited in the TND. Uses listed but not permitted by-right or by issuance of a CUP is prohibited in the Transect Zone. Table 3.2 (a) Residential uses within Transect Zones
Residential Use
Townhouse
By-right
Lot-line
Patio
By-right
Country Inn (up to 12 rooms)
Motel
Hotel
School Dormitory
T1
Professional Office
Medical/Dentist Office Medical/Dentist Clinic
By-right
Bank/Lenders Inst. Without drive-through
Bank/Lender Inst. With drive-through
Live/work unit
Home Occupation
Home Business
Day Care Center
Elementary
Vocational School Instruction with studio
By-right Place of Worship
By-right
Open-Market
Retail uses permitted by-right in B-2 Zoning Dist. High intensity retail not otherwise listed
By-right
Vehicle Fuel Sales
Automobile Repair
Push Cart
Kiosk
Restaurant
Carry-out/Café with no drive through
Carry-out with drive through
Fountains / Public Art
Library
Museum
Outdoor Pavilion
Center for the Arts
Movie Theater
Conference Center
Convention Center
Exhibition Center
18 Hole Golf Course
Bikestation
T1
Greenhouse
Stable
Fire / Rescue Station
By-right
Police Station
Hospital
Funeral Home
Water/Sewer Treatment Facility |