RESOLUTION

 A RESOLUTION TO AUTHORIZE THE COUNTY ATTORNEY TO SETTLE L & J PROPERTY, LLC V. THE FAUQUIER COUNTY BOARD OF SUPERVISORS AND TO INITIATE CONSIDERATION OF SPECIAL EXCEPTIONS CONSISTENT WITH THE TERMS OF THE SETTLEMENT

 

WHEREAS, The Board of Supervisors has determined that it is appropriate and in the best interest of the County to enter into a settlement agreement with L & J Property, LLC to resolve pending litigation and to authorize the County Attorney to take the necessary steps to settle the pending litigation; and

 WHEREAS, the Plaintiff has submitted two proposed layouts which will be hereafter referred to as Exhibit A and Exhibit B, which are appended to the agenda request submitted with this resolution, and the Board prefers the proposed layout outlined on Exhibit B; and  

WHEREAS, in order to settle the pending litigation it will be necessary to initiate and advertise public hearings at the Planning Commission and Board of Supervisors to consider a special exception to authorize a private street in accordance with Section 5-2900 of the Fauquier County Zoning Ordinance; to authorize less than a Type I private street in accordance with Section 5-2800 of the Fauquier County Zoning Ordinance; and to grant any necessary waivers to permit the construction of a travelway which is either gravel or primed and double sealed, no wider than 16 feet on a right-of-way no wider than 30 feet; and

 WHEREAS, in order to utilize the existing roadway shown on Exhibit B it will also be necessary to initiate a special exception to authorize a floodplain crossing; now, therefore, be it

 RESOLVED by the Fauquier County Board of Supervisors this 10th day of January, 2008, That the County Attorney and the County Administrator be and hereby are authorized to take the necessary steps to settle the pending litigation styled L & J Property, LLC v. Board of Supervisors of Fauquier County through the execution of a settlement agreement which will provide for the ultimate approval of a preliminary plat substantially similar to the Exhibit attached to this agenda item under the terms generally outlined herein; and, be it

 RESOLVED FURTHER, That the Board of Supervisors hereby refers to the Fauquier County Planning Commission a request to consider, at its next meeting at which advertising deadlines can be met, required special exceptions to authorize the construction of a private street and floodplain crossing within the proposed subdivision entitled Virginia Pines and to report with its recommendation in accordance with the Code of Virginia and the Fauquier County Zoning Ordinance; and, be it

 RESOLVED FURTHER, That should the Board of Supervisors approve the Special Exceptions which are to be initiated pursuant to this resolution in order to authorize a plat consistent with either Exhibit A or Exhibit B, the County Attorney is authorized to execute a consent order consistent with the terms of this resolution which shall direct the approval of a preliminary plat which meets the requirements of County Ordinances except to the extent such requirements are waived or modified by the terms outlined in this resolution; and be it

 RESOLVED FURTHER, That should the Board of Supervisors not approve the requisite special exceptions to authorize a private street as contemplated on Exhibit A or Exhibit B, the County Attorney is authorized to execute a consent order authorizing the approval of a preliminary plat substantially similar to Exhibit plat A attached hereto, subject to submission of a revised preliminary plat which meets the standards of the County Ordinances for preliminary plats, and is further authorized to agree within the consent order that the request for a public road  cul-de-sac length limitation is approved.

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