ATTACHMENT 1

RESOLUTION

A RESOLUTION TO APPROVE SPECIAL EXCEPTION AMENDMENT #SEA02-S-01, BARBARA AND FREDERICK EICKHOFF AND PATRICIA AND LEON EGGERS, OWNERS, AND RICHARD SANDERS (LAKE WHIPPOORWILL LLC), APPLICANT

            WHEREAS, Barbara and Frederick Eickhoff and Patricia and Leon Eggers, owners and Richard Sanders (Lake Whippoorwill LLC), applicant, are seeking a special exception amendment to remove an approved 1997 condition of approval requiring the construction of an interparcel connection from the Lake Whippoorwill subdivision to the adjoining Jamison property; and

             WHEREAS, the Planning Commission held a public hearing on this application on November 29, 2001 and has forwarded the application to the Board of Supervisors; and

WHEREAS, on June 17, 2002, the Board of Supervisors considered the written and orally presented information of the applicants and conducted a public hearing for this application; and

WHEREAS, the Board of Supervisors has determined that the application is in substantial conformance with the Comprehensive Plan and the applicable provisions of the Zoning Ordinance; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 15^th day of July 2002, That the application of Barbara and Frederick Eickhoff and Patricia and Leon Eggers, owners, and Richard Sanders (Lake Whippoorwill LLC), applicant, be, and is hereby, approved, subject to the following revision to Special Exception Condition Number 4:

Condition #4: 

a.      The previously dedicated 50-foot right-of-way from the terminus of Red Oak Court to the Jamison property line shall be retained.  Within this right-of-way, the applicant shall construct a controlled emergency access with a minimum "grasscrete, geoweb, or similar product" pavement width of 14 feet, in substantial accordance with Option 2, as shown on the attached plat, with final engineering specifications as determined by the County Engineer.  The applicant shall also install a gate or other control feature acceptable to the Office of Emergency Services that may be accessed by authorized personnel as needed.  The gate shall be located as close to the property line between the Lake Whippoorwill properties and the adjoining Jamison property as is feasible. The applicant shall provide confirmation that the existing bond is adequate to construct the improvement and amend the current developer’s agreement to incorporate the improvement, and post additional bonding if required within 30 days of the Board of Supervisors approval date of the final design by the County.  Such construction shall be completed within one year of the approval date of this special exception amendment. 

b.      Embankment side slopes shall not exceed two (2') feet horizontal to one (1') foot vertical.  Embankment fill shall be placed and compacted as controlled road fill.  

c.      In installing the emergency access road, the applicant shall work with the adjacent landowners to preserve as many tulip trees and other naturally occurring features as may be reasonably preserved. 

d.      Install a 14-foot wide grass pavement application (i.e., grasscrete, geoweb, or similar product) as the travel way for the access road. 

e.      The 50-foot right-of-way must be kept clear at all times.  No vehicles, basketball hoops, sheds, landscaping, or other impediments will be allowed. 

f.        The Lake Whippoorwill Homeowner's Association will be required to maintain this as an access way.  This includes snow removal, gate maintenance, grass cutting, grass reinstallation as necessary, slope maintenance, tree and brush removal. 

All other conditions of approval for SE 97-S-05, dated June 3, 1997, shall remain in full force and effect; and, be it

RESOLVED FURTHER that the Board of Supervisors states its intent that the emergency access road not be considered for upgrade until such time as the access road to Route 29 for the Jamison subdivision is closed by the Virginia Department of Transportation.