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March 20, 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, March 20, 2007, in the Board Chambers, Stafford County Administration Center. Roll Call. The following members were present: George H. Schwartz; M. S. “Joe” Brito; Jack R. Cavalier, Chairman; L. Mark Dudenhefer, Vice Chairman; Peter J. Fields, Robert C. Gibbons, and Paul V. Milde. Also in attendance were: Steve Crosby, County Administrator; Joe Howard, County Attorney and Marty Beard, Chief Deputy Clerk. Legislative; Work Session on Economic Development Visions for U. S. Route 17 and Falmouth. Mr. Tim Baroody, Director of Economic Development and Legislative Affairs, commented. Mr. Lee Quill of Cunningham/Quill Architects, PLLC, gave a presentation and responded to Board members questions. Legislative; Work Session on Proposed FY2008 Budget for Fire and Rescue. Mr. Rob Brown, Fire Chief, gave a presentation and responded to Board members questions. Discussion ensued. Legislative; Work Session on Proposed FY2008 Budget for Sheriff. Sheriff Charles Jett gave a presentation and responded to Board members questions. Discussion ensued. Recess. At 3:43 P.M., the Chairman declared a recess. Call to Order. At 3:50 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting. At 3:51 P.M., Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Resolution CM07-09.
The Voting Board tally was: Resolution CM07-09 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 the disposition of County-owned real property and the acquisition of real property for public purposes in regard to the Courthouse Area Redevelopment: Public-Private Partnership; where discussion in open meeting would adversely affect the negotiating strategy of the County and Legal Advice in regard to the pending Crow’s Nest condemnation litigation (Board of County Supervisors v. Stafford Lakes, L.P.); and WHEREAS, pursuant to Section 2.2-3711 A3 and A7 VA Code Ann., such discussions may occur in Closed Meeting; NOW, THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors, on this the 20th day of March, 2007 does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 4:18 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification.. Mr. Milde motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-09a.
The Voting Board tally was: Resolution CM07-09a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 20th day of March, 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 20th day of March 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; Regular Agenda Additions and Deletions. Mr. Gibbons motioned, seconded by Mr. Fields, to add proposed Resolution R07-152 and delete proposed Proclamations P07-09, P07-10, and P07-11 from the Regular Agenda.
The Voting Board tally was: Legislative; Consent Agenda. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt the Consent Agenda consisting of Items 13 thru 17, omitting item 17 .
The Voting Board tally was: Legislative; Approve Minutes of Board Meeting. Regular Meeting of February 20, 2007 Item 14a. Legislative; Approve Proclamations. Commemorate Posthumously Thomas E. Peachy. Proclamation P07-03 reads as follows:
A PROCLAMATION TO COMMEMORTE POSTHUMOUSLY WHEREAS, Thomas E. Peachey, a veteran of the U.S. Marine Corps and U.S. Army, was one of the founders of Stafford Boy Scout Troop 845; and WHEREAS, Thomas Peachey dedicated his life to Scouting, successfully completing the prestigious Wood Badge training course offering Scout Leaders an intensive, week-long camping experience to master the fundamentals of teamwork and patrol functions which are the hallmarks of the organization; and WHEREAS, Thomas Peachey was admired by his fellow Leaders and the young men with whom he worked as a natural leader, an enthusiastic, patient, and even-tempered counselor and role model who encouraged his Scouts to excel in all endeavors and to meet challenges head-on; and WHEREAS, despite serious health challenges later in his life, Thomas Peachey maintained a positive outlook, discovering innovative ways to continue the satisfying routine of daily life, enjoying camping expeditions, and even beating his contemporaries in friendly rounds of golf; and WHEREAS, Thomas Peachey tragically succumbed to injuries he received in a car accident in January 2007; and WHEREAS, Thomas Peachey leaves behind his beloved wife, Emily, and sons Michael and Andrew, of whom he was so very proud; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the commitment and joy with which Thomas Peachey served the Scouting community and all the citizens of Stafford; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that Thomas E. Peachey be and he hereby is commemorated posthumously. Declare the Week of April 15-21, 2007 as Citizen Volunteer Appreciation Week Proclamation P07-06 reads as follows:
A PROCLAMATION TO DECLARE THE WEEK OF APRIL 15 - 21, WHEREAS, one foundation of a decent and just society is the willingness of people to work together for the common good through volunteers mobilized to help those experiencing social and psychological problems; to give of their time to recreational and cultural programs; and to contribute their expertise to local government services; and WHEREAS, volunteer citizens provide switchboard, reception and ombudsman services as needed in the Administration Center and have responded more than 100,000 times to requests from citizens during the year; and WHEREAS, Citizen Assistance Volunteer Teams have given more than 12,000 hours of service during the past year by providing data entry and traffic and transportation service to the Sheriff’s Office; furnishing clerical and reception services in the Circuit, General District and Juvenile and Domestic Relations Courts; contributing general clerical support in many other offices as needed; and exhibiting a willingness to provide immediate response and assistance during disasters; and responding citizen requests; and WHEREAS, volunteer citizens have given more than 8,000 hours promoting and performing litter prevention clean-up programs and offering educational programs about litter prevention, recycling and conservation of our natural resources; and WHEREAS, the Board desires to bring to the attention of citizens throughout the region the contributions of these special individuals and, in particular, to recognize 18 volunteers who have contributed significant hours of service to include Ida Ansell, 457 hours; Carolyn Beatson, 247 hours; Stuart Beatson 200 hours; Teddy Boatright, 210 hours; Bill Bowers, 359 hours; Laura Collinsworth, 242 hours; Charlotte Crismond, 308 hours; Russell Decatur, 329 hours; Valerie Hart, 343 hours; Jim Heal, 241 hours; Nick Kopchinsky, 282 hours; Jay Lockhart, 538 hours; Shirley Nelson, 309 hours; Ginny Preda, 296 hours; Chuck Price, 267 hours; Mary Price, 333 hours; Michele Purton, 202 hours; Wilma Smith, 317 hours; Al Thompson, 220 hours; and Clevo Wheeling, 420 hours. NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the Week of April 15 - 21, 2007 be and it hereby is declared as Citizen Volunteer Appreciation Week. Designate April 2007 as Organ and Tissue Donation Awareness Month in Stafford Proclamation P07-07 reads as follows:
A PROCLAMATION TO DESIGNATE APRIL 2007 AS ORGAN WHEREAS, almost 2,300 people living in the Washington, D.C. metropolitan area are waiting for life-saving organ transplants, and thousands more will benefit from tissue transplants this year; and WHEREAS, each day, 18 of the 94,000 Americans awaiting an organ transplant will die before they receive a second chance at life; and WHEREAS, the Washington Regional Transplant Consortium is observing the 20th year of an ongoing campaign to educate citizens throughout the region about choosing to offer the Gift of Life through organ and tissue donation; and WHEREAS, Stafford citizens can take the critical first step in making the decision to donate organs and tissue by accessing Virginia’s online donor registry at save7lives.org, designating themselves as organ donors on their driver’s licenses, and discussing the choice with their families before an emergency situation arises; and WHEREAS, the Board desires to honor our country’s organ and tissue donors and their families, whose decisions to share the Gift of Life through regional donor programs serves as a positive example for all citizens; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 30th day of March, 2007, that April 2007 be and it hereby is designated as Organ and Tissue Donation Awareness Month in Stafford. Recognize and Commend Meredith Cavalier. Proclamation P07-08 reads as follows: A PROCLAMATION TO RECOGNIZE AND COMMEND MEREDITH CAVALIER WHEREAS, Meredith Cavalier, a sophomore at Brooke Point High School, is an exceptional athlete who has also achieved high academic honors; and WHEREAS, Meredith Cavalier began swimming when she was only one year old, quickly earning the nickname “The Beast” for her tenacity during grueling practice sessions twice daily and consistent first-place finishes in swim competitions; and WHEREAS, Meredith Cavalier has amassed an impressive record, including 22 Rappahannock Swim League Records; 19 Virginia Age Group and Senior Championship Titles; U.S. Swimming – Virginia State Record in the 400 yard freestyle relay; NCSA Junior National Qualifier; U.S. Junior National Qualifier; and U.S. Open National Qualifier; and WHEREAS, Meredith Cavalier was also All State and District Champion in the 50 yard freestyle and 100 yard freestyle in her freshman year, and in her sophomore year garnered honors including District Champion in the 100 yard backstroke and 200 yard medley relay, as well as 100 yard backstroke Northwest Regional Champion and Virginia State Champion in 100m backstroke setting a new state record; and WHEREAS, Meredith Cavalier was chosen by The Free Lance-Star as the Female Swimmer of the Year in both her freshman and sophomore years, and earned automatic high school All American Swimmer honors and Scholastic All American honors; and WHEREAS, Meredith Cavalier recently made the national cut in the 100 yard backstroke with a time of 56.64, thereby qualifying for the U.S. Junior Nationals in Indianapolis, Short Course Nationals in Atlanta, and Spring Nationals in New York this year, the next step toward her goal of qualifying for the U.S. Olympic swimming trials in 2008; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the academic and sports accomplishments of Meredith Cavalier, and to wish her well as she attracts full academic and swimming scholarships at top universities as she works to earn a PreMed degree; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that Meredith Cavalier be and she hereby is recognized for her outstanding athletic and academic accomplishments. Declare the Week of April 8-14, 2007 as National Telecommunicators Week in Stafford. Proclamation P07-12 reads as follows:
A PROCLAMATION TO RECOGNIZE THE WEEK OF APRIL 8 – 14, 2007, WHEREAS, dedicated public safety telecommunicators serve the citizens of Stafford County by answering requests for law enforcement and fire and emergency medical services on a daily basis, dispatching the appropriate assistance quickly and efficiently; and WHEREAS, public safety telecommunicators are the first and most critical contact for emergency assistance, a vital link between citizens and other public safety providers who may apprehend a criminal, protect personal property from fire, or save a life; and WHEREAS, the safety of our deputies and firefighters depends upon the quality and accuracy of information obtained by the telecommunicator and the dispatcher’s expertise in providing that information via radio, telephone and computer; and WHEREAS, emergencies can arise at any time, and the public can confidently rely on the vigilance and preparedness of these professionals under any conditions, 24 hours a day, 365 days a year; and WHEREAS, the Association of Public Safety Communications Officials, an international organization of professionals engaged in the design, installation and operation of emergency response communications, designates one week in April each year to recognize these dedicated professionals and their crucial role in the protection of life and property; and WHEREAS, the Board desires to call to the attention of citizens everywhere the dedication with which County’s telecommunicators serve the community; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the week of April 8 – 14, 2007, be and it hereby is recognized as National Telecommunicators Week in Stafford. Item 15. Finance; Approve Expenditure Listings Resolution R07-139 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 20th day of March 2007, that the above-mentioned EL be and it hereby is approved. Item 16. Utilities; Award Contract for Construction of Deacon Road Waterline Resolution R07-142 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board has authorized construction of the Deacon Road Waterline to improve the operation and reliability of the water system; and WHEREAS, the project has been designed and offered for public bids; and WHEREAS, twelve bids were received, with Rising Sun, Inc. the lowest responsive bidder with a bid of $469,000; and WHEREAS, staff has recommended the award of a contract to Rising Sun, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the County Administrator be and he hereby is authorized to execute a contract with Rising Sun, Inc. in an amount not to exceed Four Hundred Sixty-nine Thousand Dollars ($469,000) for construction of the Deacon Road Waterline. Administration; Authorize a Contribution to the Rappahannock United Way. Mr. Schwartz commented. Mr. Schwartz motioned, seconded by Mr. Gibbons, to defer proposed Resolution R07-143. Discussion ensued.
The Voting Board tally was:
Public Services; Authorize the County Administrator to Execute an Addendum to the County/State Agreement Regarding the Airport Access Road (Centreport Parkway).
Mr. Brito motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution Discussion ensued.
The Voting Board tally was: Resolution R07-115 reads as follows:
A RESOLUTION WHICH AUTHORIZES THE COUNTY ADMINISTRATOR TO EXECUTE AN ADDENDUM TO WHEREAS, on June 25, 1998, a County/State Agreement was executed with the Virginia Department of Transportation (VDOT) for the design and construction of the Airport Access Road, now known as Centreport Parkway and the allocation of Airport Access Funds; and WHEREAS, the County has met all requirements of said agreement, except that the street has not been accepted into the State System of Secondary Highways due to certain deficiencies; and WHEREAS, in order to expedite acceptance of the street, VDOT recommends they perform the corrective work which requires an addendum to the original agreement; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the County Administrator be and he hereby is authorized to execute an Addendum to the June 25, 1998 County/State Agreement; and BE IT FURTHER RESOLVED by the Board that a copy of the resolution be provided to the VDOT Residency Administrator. Legislative; Discuss Sidewalk Snow Removal. Mr. Gibbons commented. Hearing no objections from the Board, this item is to be placed on the legislative agenda for the next session. Legislative; Discuss Naming of County Buildings. Mr. Schwartz commented. Discussion ensued. Hearing no objections from the Board, this item was forwarded to a committee of Mr. Schwartz and Mr. Fields to further review and formulate a policy. Legislative; Discuss ADA Grievance Committee. Mr. Milde commented. Hearing no objections from the Board, a committee of Mr. Brito and Mr. Milde was formed to review the applications and report back. Legislative; Memorial for Iraq War Veterans. Mr. Gibbons commented. A committee of Mr. Gibbons and Mr. Dudenhefer was formed to review the issue and report back. Legislative; Express Support to the Virginia Department of Transportation for the Installation of an All-Way Stop Condition at the Intersection of Northampton Boulevard and Brittany Lane at Hampton Oaks Elementary School. Mr. Dudenhefer commented. Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-152. Discussion ensued.
The Voting Board tally was: Resolution R07-152 reads as follows:
A RESOLUTION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION EXPRESSING ITS SUPPORT WHEREAS, the Hampton Oaks Homeowners Association (HOA) submitted a request to install all-way stop signs at the intersection of Northampton Boulevard and Brittany Lane at Hampton Oaks Elementary School; and WHEREAS, upon review of the intersection, the Virginia Department of Transportation (VDOT) approves of the proposal contingent on the completion of four steps: 1) a letter from the Hampton Oaks HOA to the Board expressing community support for the installation of these devices, 2) the HOA directly contact homeowners on each corner of the effected intersection and inform them of the proposed operational change, 3) the Board approve a resolution for installation of an All-Way Stop Condition (AWSC) at this intersection, and 4) the County notify VDOT regarding fulfillment of these transactions and request that the department move to implementation; and WHEREAS, the Board supports the safety of the citizens of the County and the implementation of traffic safety initiatives such as this; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that it be and hereby does support the installation by VDOT of an AWSC at the intersection of Northampton Boulevard and Brittany Lane at Hampton Oaks Elementary School. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the VDOT Fredericksburg Residency Administrator. Recess. At 4:40 P.M., the Chairman declared a recess until 7:00 P.M. Call to Order. At 7:05 P.M., the Chairman called the meeting back to order. Invocation. Mr. Fields gave the Invocation. Pledge of Allegiance. Boy Scout Troop #850 from St. Peters Lutheran Church led in the Pledge of Allegiance to the Flag of the United States of America. Presentation by the Lions Club. Mr. Cliff Neve, President of the Lions Club, gave a presentation and responded to Board members questions. Presentations by the Public. The following persons spoke on topics as identified:
Bryan Stoelker - Sutherland Boulevard.
Planning; Amend and Reordain the Zoning Ordinance to Reclassify 26.12 Acres from
The Chairman opened a public hearing. Mr. Brito motioned, seconded by Mr. Fields, to defer proposed Ordinance O07-13. Discussion ensued.
The Voting Board tally was: Planning; Rezone 372.85 Acres from A-1, Agricultural, to R-1, Suburban Residential, at 134 Den Rich Road for Brentsmill, LLC. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing. Mr. Cavalier motioned, seconded by Mr. Milde to defer proposed Ordinance O07-11.
The Voting Board tally was: Planning; Amend and Reordain the Zoning Ordinance by Amending Proffered Conditions on 24.76 Acres at 220 Warrenton Road for Stafford CT, LLC and Consider a Conditional Use Permit at 220 Warrenton Road. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation on both issues.
The Chairman opened a public hearing on both issues. Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O07-26. Discussion ensued.
The Voting Board tally was: Ordinance O07-26 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING WHEREAS, Stafford C.T., L.L.C., applicant, has submitted application RC2600707 requesting an amendment to proffered conditions on Assessor’s Parcels 45-92, 45-92B, 45-92C, 45-92D and 45-93 zoned B-2, Urban Commercial, consisting of 24.76 acres located northwest of the intersection of Melchers Drive and Warrenton Road, opposite Lendall Lane, Falmouth 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; NOW, THEREFORE BE IT ORDAINED, by the Stafford County Board of Supervisors on this the 20th day of March, 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. Transportation Improvements - The applicant shall make the following transportation improvements: (a) A realigned, divided entrance into the site shall be constructed by the applicant with a three (3) lane southbound egress and a two (2) lane northbound ingress, shown as Entrance "A" on the Generalized Development Plan, prepared by Greenhorne and O'Mara, Inc., dated February 10, 2000, ("the GDP"). The improvements shall be made at such time the applicant is directed to do so by VDOT, but in no event shall the entrance improvements be required prior to the time of commercial pad development or the construction of more than 20,000 square feet of office space. In addition, the entrance improvements shall not be required prior to the development of the self-storage facility. (b) A dedicated westbound right-turn lane from U. S. Route 17 Business to the Entrance "A" road shall be constructed, as shown on the GDP. The improvement shall be made at such time the applicant is directed to do so by VDOT, but in no event prior to the time of commercial pad development. In addition, the right-turn lane shall not be required prior to the development of the self-storage facility. (c) The existing signal on U. S. Route 17 Business shall be modified, if necessary, to accommodate the improvement referenced in (a) and (b) above and shall be re-phased and re-timed to accommodate further operations to the extent necessary. The signal improvements shall be made at such time the applicant is directed to do so by VDOT, but in no event prior to the time of commercial pad development. In addition, the signal improvements shall not be required prior to the development of the self-storage facility. A modified triangular traffic island, as shown on the inset to the GDP, shall be constructed at Entrance "B" so that traffic turning onto U. S. Route 17 business from Entrance "B" will be limited to a right-turn out only. This improvement shall be made at such time the applicant is required to do so by VDOT, but in no event prior to the development of the self-storage facility. In the alternative, should VDOT determine that a raised median is preferred to the traffic island, the applicant shall make a pro-rata contribution to the cost of the improvement. The applicant's share of the cost of the raised median improvement shall be based on the relative traffic contribution to the need for the improvement created by applicant's development, as determined by a traffic study conducted by the applicant, subject to review by the County and VDOT. (d) A continuous right-turn lane shall be constructed across the front of the property from Melchers Drive to the right-turn in/right-turn out location (Entrance "B") as shown on the GDP. This improvement shall be completed prior to the issuance of any occupancy permit for any portion of the site. (e) A travel lane across the northern portion of the B-2 portion of the parcel, in the appropriate location shown on the GDP, shall be constructed to serve as a parallel road and provide inter-parcel access to Parcel 45-88. This improvement shall not be required prior to the completion of the self-storage facility, 20,000 square feet of office space, and the commercial pad(s) along U. S. Route 17. (f) Lendall Lane shall be re-striped as necessary to accommodate the signal changes referenced above or realignment of traffic due to any of the improvements referenced above. (g) The applicant shall construct right-in, left-out access for ingress and egress from realigned Entrance A to and from Assessor's Parcel 53-6A (the Arby's) as shown on the GDP, at the time the improvements required at Proffer 1(a) is completed. 2. Access from U. S. Route 17 - Access to and from the site shall be limited to Entrances A and B, as shown on the GDP. Entrances A and B shall be a minimum of 200 feet apart and have a minimum curb radius of 25 feet. In addition, excluding the Melchers Drive entrance, and the dedicated right turn lane shown on the GDP, entrance A will have a minimum throat length of 200 180 feet. Entrance B will have a minimum throat length of 100 feet. 3. Abandonment Costs - The applicant agrees to pay the filing and advertising fees associated with the abandonment of any portion of Melchers Drive. 4. Building Materials - The applicant agrees that brick shall be the primary building material for the facade of any retail building facing U. S. Route 17.
Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-133 reads as follows: A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP2501638 TO ALLOW A CONVENIENCE STORE AND VEHICLE FUEL SALES IN A HC, HIGHWAY CORRIDOR OVERLAY DISTRICT ON ASSESSOR’S PARCEL 45-92C, FALMOUTH ELECTION DISTRICT WHEREAS, 7-Eleven, Inc., applicant, has submitted application CUP2501638 requesting a Conditional Use Permit to allow a convenience store and vehicle fuel sales in a HC, Highway Corridor Overlay District on the above-described property; and WHEREAS, the application has been submitted pursuant to Section 28-59(e) of the Zoning Ordinance which permits convenience stores and vehicle fuel sales after a Conditional Use Permit has been issued by the Board; 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 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 20th day of March, 2007, that a Conditional Use Permit pursuant to application CUP2501638 be and it hereby is approved with the following conditions: 1. This Conditional Use Permit is to allow a convenience store and vehicle fuel sales within the Highway Corridor Overlay District on Assessor's Parcel 45-92C, consisting of 2.42 acres. 2. The property shall be constructed in general conformance with the conditional use plan prepared by Huron Consulting dated January 18, 2007 and sealed on January 22, 2007. 3. The building and canopy shall be constructed in conformance with the architectural elevations prepared by URS dated January 18, 2007. The brick shall be compatible with the brick used on the existing office building located within the Sydney Hastings development, as approved by the Director of Planning. 4. The dumpster and cart storage enclosure shall be generally located as shown on the conditional use plan and constructed as a brick faced enclosure with wood gates. 5. The dumpster and cart storage enclosure, equipment yard enclosure, canopy support columns, and monument sign base shall be brick-faced with brick to match that used on the store building. 6. The landscape design shall conform to Crime Prevention through Environment Design principals. 7. No pay phones shall be attached to the store building. Any pay phones provided shall be set at the edge of the paved parking area in accordance with Crime Prevention through Environmental Design principals. 8. A photometric lighting plan shall be submitted which is in accordance with Crime Prevention through Environment Design principals. Said plan shall be reviewed and approved by the Planning Department as part of the Site Plan. All underside canopy lighting shall consist of full cut-off lighting fixtures where the light source is either completely flush or recessed within the underside of the canopy. Light pole fixtures shall be no taller than twenty-five (25) feet in height, as measured from the finished grade to the bottom of the light source or bulb. 9. Access to the site shall be limited to the three entrances as shown on the conditional use plan. An occupancy permit shall not be granted until such time that the new Solomon’s Drive and the relocated Melcher’s Drive are constructed and operational, and the associated traffic signal by others is operational. 10. All stormwater management facilities on site shall be designed with oil/water separators to prevent hydrocarbons from exiting stormwater discharge from the site. 11. The Conditional Use Permit shall expire if a building permit has not been applied for within five (5) years from the date of approval of this application. 12. If requested by the County at the time of site plan review, the applicant shall purchase and install a historic marker sign, as shown on the conditional use plan. Said sign shall identify and commemorate historic Falmouth. The text of said sign shall be reviewed and approved by the Director of Planning. 13. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, state or federal law. Planning; Amend and Reordain the Zoning Ordinance by Amending the Zoning District Map to Reclassify from A-1, Agricultural, and A-2, Rural Residential, to M-1, Light Industrial, 590 Acres at 75 Aviation Way. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O07-25.
The Voting Board tally was: Ordinance O07-25 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY FROM A-1, AGRICULTURAL, AND A-2, RURAL RESIDENTIAL, TO M-1, LIGHT INDUSTRIAL, ON PROPERTY IDENTIFIED AS ASSESSOR'S PARCELS 37-66 AND 37-71 (PORTION), HARTWOOD ELECTION DISTRICT WHEREAS, Stafford County Board of Supervisors, applicant, has submitted application RC2700079 requesting reclassification from A-1, Agricultural, and A-2, Rural Residential, to M-1, Light Industrial, of property consisting of approximately 590 acres, located on the west side of Centreport Parkway, south of Ramoth Church Road, Hartwood 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 compatible with the surrounding land uses and zoning; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the Zoning District Map to reclassify the parcels of land, as shown on the plats of survey prepared by Rinker-Detwiler and Associates, P. C. dated February 18, 1994 and July 25, 1997, from A-1, Agricultural, and A-2, Rural Residential, to M-1, Light Industrial Legislative; Request the Planning Commission Review a Proposed Airport District. Mr. Gibbons motioned, seconded by Mr. Milde, to request that the Planning Commission review and prepare an ordinance amendment to create an Airport District.
The Voting Board tally was: Recess. At 10:20 P. M. the Chairman declared a recess. Call to Order. At 10:26 P. M. the Chairman called the meeting back to order. County Attorney; Amend Section 9-34 of the County Code to Relocate the Ruby Precinct in the Rock Hill District from Rock Hill Fire Station to Rock Hill Baptist Church. The County Attorney gave a presentation.
The Chairman opened a public hearing.
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance
The Voting Board tally was: Ordinance O07-24 reads as follows:
AN ORDINANCE WHICH AMENDS CHAPTER 9, SECTION 9-34 WHEREAS, the Board revised the election districts, precincts and polling places on March 15, 2005, meeting the requirement of Section 24.2 of the Code of Virginia, (1950), as amended, to reapportion election districts every ten years; and WHEREAS, concern has been raised that the polling place for the Ruby Precinct in the Rock Hill Election District is not accessible; and WHEREAS, the Board has determined that it is in the public interest to change the location of the polling place for the Ruby Precinct in the Rock Hill Election District to a location that is accessible; and NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this 20thday of March, 2007, that the portion of the Stafford County Code entitled Elections and pertaining to the Rock Hill Election District be and it hereby is amended as follows: Sec. 9-34. Designated. TABLE INSET:
Election District Precinct Polling Place
The Chairman opened a public hearing.
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-82 reads as follows:
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $13,980,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF STAFFORD, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF
EXHIBIT A THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK IN WITNESS WHEREOF, the Board of Supervisors of the County of Stafford, Virginia, has caused this Bond to be issued in the name of the County of Stafford, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated May ___, 2007.
COUNTY OF STAFFORD, VIRGINIA
___________________________________
Signature Guaranteed:
The Chairman opened a public hearing. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Ordinance O07-73.
The Voting Board tally was: Ordinance O07-73 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE WETLANDS ORDINANCE BY ESTABLISHING SECTION 27-35, TIDAL WETLANDS FUND WHEREAS, Regulation 4 VAC 20-390-50, as promulgated by the Virginia Marine Resources Commission, requires payment of in-lieu fees for the compensation of unavoidable fill in tidal wetlands as a condition of permit approval by the Wetlands Board if on-site or off-site compensation is not feasible; and WHEREAS, Regulation 4 VAC 20-390-50, as promulgated by the Virginia Marine Resources Commission, encourages localities to establish a fund for such payments that is dedicated to tidal wetlands restoration and creation; and WHEREAS, a goal of the Comprehensive Plan is to protect wetlands that support aquatic species and vegetation; and WHEREAS, the Wetlands Board has unanimously recommended the Tidal Wetlands Fund for adoption by the Board; and WHEREAS, the Board has carefully considered the recommendation of the Wetlands Board and staff and the testimony at the public hearing; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the Wetlands Ordinance be and it hereby is amended and reordained to create Section 27-35 as follows, with all other portions remaining the same: Sec. 27-35. Tidal Wetlands Fund A Tidal Wetlands Fund is hereby established to allow for the collection of (i) civil penalties for wetlands violations imposed pursuant to Section 28.2-1320(A) of the Code of Virginia and Section 27-34 of the Stafford County Code when directed by the Court, (ii) civil charges ordered by the Wetlands Board pursuant to Section 28.2-1320(B) of the Code of Virginia and Section 27-34 of the Stafford County Code, and (iii) in-lieu fees for the mitigation of unavoidable fill in tidal wetlands pursuant to Regulation 4 VAC 20-390-50, as promulgated by the Virginia Marine Resources Commission. Administration of the fund shall include the ability to trace the contribution of in-lieu fees. The in-lieu fees shall be used for tidal wetland creation or restoration projects in the locality or for the purchase of credits in an approved compensatory tidal mitigation bank. A schedule of in-lieu fees for tidal wetlands impacts shall be adopted by a separate ordinance. Planning; Recommend Establishment of an In-Lieu Fee Structure for Tidal Wetlands Impact. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Ordinance O07-74.
The Voting Board tally was: Ordinance O07-74 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE IN-LIEU FEES WHEREAS, Regulation 4 VAC 20-390-50, as promulgated by the Virginia Marine Resources Commission, requires payment of in-lieu fees for the compensation of unavoidable fill in tidal wetlands as a condition of permit approval by the Wetlands Board if on-site or off-site compensation is not feasible; and WHEREAS, Regulation 4 VAC 20-390-50, as promulgated by the Virginia Marine Resources Commission, states that in no case should an in-lieu fee amount be accepted for less than the cost of necessary compensation acreage or the purchase of necessary credits in an approved bank; and WHEREAS, a goal of the Comprehensive Plan is to protect wetlands that support aquatic species and vegetation; and WHEREAS, the Wetlands Board has unanimously recommended the Tidal Wetlands Fund for adoption by the Board; and WHEREAS, the Board has carefully considered the recommendation of the Wetlands Board and staff and the testimony at the public hearing; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the in-lieu fees for tidal wetlands impacts which are a condition of permit approval by the Wetlands Board be and it hereby is amended and reordained as follows: a. In-lieu fee per square foot of tidal wetlands impact for shoreline erosion control structures consisting of riprap, including revetments, breakwaters and groins; beach nourishment; and living shorelines. Service Current FeeProposed FeePercent Change
Tidal Wetlands
Service Current FeeProposed FeePercent Change
Tidal Wetlands
The Chairman opened a public hearing. Discussion ensued. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O07-20.
The Voting Board tally was: Ordinance O07-20 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE COUNTY WHEREAS, cemeteries are a valuable and important resource to the culture and history of the County; and WHEREAS, a goal of the Comprehensive Plan is to preserve significant historic and/or archaeological sites and cemeteries through private, public or quasi-public groups; and WHEREAS, per Section 15.2-2283 of the Code of Virginia (1950), as amended, the purpose of zoning is to protect against destruction of or encroachment upon historic sites; and WHEREAS, cemeteries are identified with plans of development, but at times it has not been known if all of the resources have been identified, and if the cemetery is being maintained and protected; and WHEREAS, the Board desires standards to identify, protect and maintain cemeteries with all plans of developments; 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 20th day of March, 2007, that the Stafford County Code be and it hereby is amended and reordained by amending Section 28-25 and Section 28-39 of the Zoning Ordinance as follows with all other portions remaining unchanged: Be it further ordained that this ordinance shall become effective July 1, 2007 and shall apply to development applications submitted after the effective date. Sec. 28-25. Definitions of specific terms. Buffer area. An area of natural or established vegetation managed to protect wetlands, other components of a critical resource protection area, including cultural resources, and state waters from significant degradation due to land disturbances. Cemetery. Any land or structure used or intended to be used for the interment of human remains to include, but not exclusive of, burial grounds, single grave sites, and memorial cemeteries. The sprinkling of ashes on church grounds shall not constitute the creation of a cemetery. Interment. All forms of final disposition of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment. Sign, cemetery identification. A sign no smaller than 1’ x 1’ constructed of bronze or of another material similar in appearance that depicts the historic name associated with a particular cemetery, as recorded in the Stafford County Cultural Resource Database or as deemed appropriate by the County agent. Sec. 28-39. Special regulations. (O) Preservation of existing cemeteries. The following requirements shall apply to cemeteries within all plans of development that have an existing or are planned to have a property owners association or homeowners association. (1) Parcels containing cemeteries that are not separately platted or established by an easement within the boundaries of such parcels or not otherwise clearly delineated with limits of burials shall be required at the time of site or subdivision plan review to have a professionally prepared archaeological delineation of the limits of burials within the cemetery. The delineation shall be conducted in accordance with the Virginia Department of Historic Resources and their standard archaeological practices, such as, but not limited to, the removal of topsoil around the perimeter of the visible areas of the cemetery to allow a view of any grave shaft soil discolorations beyond the apparent burials, or systematic probing with rods that detect differences in soil compaction. The limits of burials shall be used to establish the perimeter boundary of the cemetery on the site plan or subdivision plat and plan. Soil removed during the delineation process must be replaced within a month of its removal in a manner that will not disturb the identified burials. Any associated vegetation should be replaced in a manner that will not disturb the identified burials. (2) The boundary of a cemetery shall be indicated on a site development plan, subdivision plan, and subdivision plat as determined by the archaeological delineation. (3) Pedestrian access to the cemetery shall be provided on a site development plan, subdivision plan, and subdivision plat either with a minimum of fifteen (15) feet of frontage on a street or as an easement that shall be a minimum of fifteen (15) feet wide from a street or other point of public ingress. (4) A thirty-five (35) foot minimum wide buffer area shall be established around the perimeter of the cemetery as delineated per section (1) above. (5) Temporary fencing shall be installed around the perimeter of the cemetery as delineated and the established buffer area prior to construction or grading plan approval. (6) Permanent fencing between three and four feet tall shall be placed around the boundary of the cemetery and its buffer after any surrounding site work is completed. The fence shall be located on the exterior edge of the buffer area and not within the buffer area. The type of fence to be used shall be determined on a case by case basis and should include a gate for public access. Fencing is to be approved by the County agent. (7) Signage identifying the cemetery by its family association, as recorded in the Stafford County Cultural Resource Database, or as deemed appropriate by the County agent, is to be placed on a free standing sign located adjacent to the cemetery entrance or affixed to the fencing. The sign should consist of a brass plaque or a comparable equivalent. The signage and its wording should be approved by the County agent.
The party responsible for maintenance shall be indicated as one of the following: a. the homeowner association in the case where a homeowner association is established and the cemetery is created as a separate out-lot, easement, or part of the common open space within a subdivision; or b. other applicable association or entity, such as a business association, trust, or foundation. (9) Any preservation of grave markers, including their repair or cleaning, should comply with the Virginia Department of Historic Resources standards. (10) Any grading shall occur outside the established perimeter buffer area. In no circumstance shall such grading be sloped more than 3 to 1 from the existing grade of the cemetery for a distance of fifty (50) feet beyond the buffer area.
(11) The cemetery is to be recorded at the county and state level using the Stafford County Cemetery survey form and the Virginia Department of Historic Resources cemetery form. Both completed forms are to be submitted to the County agent. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees; ADA Grievance Committee. Mr. Milde motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-123. Discussion ensued.
The Voting Board tally was: Resolution R07-123 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE AMERICANS WHEREAS, in accordance with the Americans with Disabilities Act (ADA), the Board has adopted the ADA grievance procedure; and WHEREAS, the Board, by adoption of Resolution R93-91 on February 16, 1993, established the ADA Grievance Committee; and WHEREAS, the Grievance Committee is composed of eight residents consisting of one member from the architectural or structural engineering profession; two members who are individuals with a disability as defined by the ADA; and five members-at-large; and WHEREAS, the Board has previously appointed the following:
Cor-nan Coldiron December 31, 2005 WHEREAS, Cor-nan Coldiron has submitted her resignation; and WHEREAS, the Board desires to fill these vacancies; and WHEREAS, the term of membership is one year; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that NAME EXPIRATION
Paul Shelton December 31, 2007
Harry Rager December 31, 2007
Charles Morgan December 31, 2007
Sandra Ridout December 31, 2007
Colleen English December 31, 2007
Shawn Lawrence December 31, 2007
Robert Dodson December 31, 2007 be and they hereby are appointed to the Americans with Disability Act Grievance Committee. Public Services: Authorize the County Administrator to Execute a Contract to Repair and Complete Sutherland Boulevard in Heather Hills Subdivision. Mr. Schwartz motioned, seconded by Mr. Gibbons, to defer proposed Resolution R07-137.
The Voting Board tally was: Economic Development and Legislative Affairs; Consider a Request to Endorse Legislative Initiatives Proposed by Social Action Linking Together (SALT) for 2007.
Mr. Milde motioned, seconded by Mr. Dudenhefer, to remove proposed Resolution The County Attorney commented.
The Voting Board tally was:
Mr. Dudenhefer motioned, seconded by Mr. Milde, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-126 reads as follows:
A RESOLUTION TO SUPPORT LEGISLATIVE INITIATIVES WHEREAS, the Board has supported legislative initiatives proposed by Social Action Linking Together (SALT) in previous years, and has been requested to support its initiatives for 2007; and WHEREAS, the Board desires to go on record in support of these initiatives; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of March, 2007, that the Board be it and hereby expresses its support for the following legislative initiatives supported by Social Action Liking Together (SALT):
During the past several years, the federal Temporary Assistance to Needy Families (TANF) block grant was used as an informal “rainy day fund” to support programs that had previously been funded with state general fund dollars. A portion of increased state revenue should be dedicated to restoring state General Fund support for these programs so that federal TANF funds can be used for their intended purpose - to provide a safety net for poor children and to move families from welfare to economic self-sufficiency.
The cost of living has increased significantly, while entry wages of low-income workers have not increased commensurately. Currently, too many families working full-time for the minimum wage remain impoverished. A Fair Wage is needed to make work pay. The Virginia Coalition for the Homeless and SALT propose that the Virginia General Assembly pass the Virginia Fair Wage Act to increase the Virginia minimum wage $1.00 in each of the next three years (2007, 2008 and 2009) and index the minimum wage to inflation thereafter.
SALT and Virginia CURE urge legislation that would lift the lifetime ban on TANF benefits for individuals convicted of drug-related felonies. The denial of assistance to such families perpetuates the cycle of crime and poverty. SALT supports an amendment to lift the lifetime ban on benefits for those whose sentences have otherwise been served. SALT applauds the General Assembly for eliminating the lifetime ban on food stamps for people with drug felony convictions. The ban on TANF benefits must be removed to ensure those with drug felony convictions, a vulnerable population, receive assistance to reintegrate into society upon release.
SALT joins the Virginia Coalition to end Homelessness in support of a pilot Rental Assistance Program put forth previously in the House of Delegates that would provide funding to bridge the gap between one-third of a family’s income and the fair market cost of housing. The program would provide time-limited assistance to families to provide the stability they need to advance in their work and achieve full independence. As their wages increase over the three-year phase-in of the Fair Wage Act, their rental assistance would decline. Adjournment. At 11:00 P. M., the Chairman declared the meeting adjourned until Tuesday, March 27, 2007 at 5:00 P. M.
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