RESOLUTION

 RESOLUTION TO APPROVE L&J PROPERTY, LLC SPECIAL EXCEPTIONS: SPEX08-SC-007, A CATEGORY 29 SPECIAL EXCEPTION, SPEX08-SC-008, A CATEGORY 28 SPECIAL EXCEPTION, SPEX08-SC-009, A CATEGORY 23 SPECIAL EXCEPTION, and WAIVER OF ZONING ORDINANCE SECTION 7-302.1.A.3

           WHEREAS, L&J Property, LLC, Owner and Applicant, requests Special Exception approval to allow for a waiver of the Public Street Requirement on PIN 7012-73-5993-000; and

WHEREAS, L&J Property, LLC, Owner and Applicant, requests Special Exception approval to waive the Type I Private Street Requirement on PIN 7012-73-5993-000; and

WHEREAS, L&J Property, LLC, Owner and Applicant, requests Special Exception approval for Fill in the FEMA Floodplain on PIN 7012-73-5993-000; and

 WHEREAS, L&J Property, LLC, Owner and Applicant, requests a Waiver of Zoning Ordinance Section 7-302.1.A.3 to Allow a Right-of-Way less than Fifty (50) Feet in Width; and

 WHEREAS, the Category 29 Special Exception is requested for a waiver of the public street requirement so that an existing road may be utilized to serve the proposed lots; and

 WHEREAS, the Category 28 Special Exception is requested so that the Applicant may create a Type III Private Street; and

 WHEREAS, the Category 23 Special Exception is requested so that the Applicant may fill in the FEMA floodplain; and

 WHEREAS, on January 31, 2008, the Fauquier County Planning Commission held public hearings on the proposed Special Exceptions and unanimously recommended approval of the Special Exception and the Waiver subject to conditions; and

 WHEREAS, on February 14, 2008, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

 WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-2900, 5-2800 and 5-2300; now, therefore, be it

 RESOLVED by the Fauquier County Board of Supervisors this 14th day of February, 2008, that SPEX08-SC-007 be, and is hereby, approved, subject to the following conditions:

SPEX08-SC-007: Category 29: Waiver of the Public Street Requirement

  1. This Special Exception is granted for and runs with the land indicated in this application as PIN 7012-73-5993-000, and is not transferable to other land.
  2.  This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat entitled “Special Exception Plat Category 23, 28 & 29” dated January 26, 2008 and received in the Planning Office on January 28, 2008, as approved with this application, as qualified by these development conditions.
  3. The private street approved with this Special Exception shall serve no more than seven (7) lots, as referenced by the Special Exception Plat entitled “Special Exception Plat Category 23, 28 & 29” dated January 26, 2008.
  4. The Applicant shall demonstrate verification of the creation of a Homeowners Association or Road Maintenance Agreement prior to approval of the Final Plat.
  5. If the existing entrance is used to access the proposed lots, the entrance will need to be constructed in accordance with the Minimum Standards of Entrances to State Highways.  They will also need to demonstrate that the entrance meets sight distance requirements.  It appears to meet the minimum required sight distance, but a sight distance profile will need to be provided. 
  6. If this project disturbs more than 10,000 square feet, a land disturbance permit shall be required.
  7. The proposed street (whether Type II or Type III) shall adequately serve the lots to be developed and provide sufficient emergency vehicle access to the subdivision.

 RESOLVED FURTHER by the Fauquier County Board of Supervisors this 14th day of February, 2008, that SPEX08-SC-008 be, and is hereby, approved, subject to the following conditions:

SPEX08-SC-008: Category 28: Waiver of the Type I Private Street Requirement

  1. This Special Exception is granted for and runs with the land indicated in this application as PIN 7012-73-5993-000, and is not transferable to other land.
  2. This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat entitled “Special Exception Plat Category 23, 28 & 29” dated January 26, 2008 and received in the Planning Office on January 28, 2008, as approved with this application, as qualified by these development conditions.
  3. The private street approved with this Special Exception shall serve no more than seven (7) lots, as referenced by the Special Exception Plat entitled “Special Exception Plat Category 23, 28 & 29” dated January 26, 2008.
  4. If this project disturbs more than 10,000 square feet, a land disturbance permit shall be required.
  5. The proposed street (whether Type II or Type III) shall adequately serve the lots to be developed and provide sufficient emergency vehicle access to the subdivision.
  6. In the event that an entrance feature is to be installed, such entrance feature shall be constructed of natural materials such as stone or wood and shall not be lighted except in a manner consistent with similar lighted entranceways in the near vicinity of the property, not to exceed the glare restrictions of Section 9-904 of the Zoning Ordinance and all applicable restrictions in the County lighting ordinance.
  7. No street lighting of any kind shall be installed on the street.
  8. Existing trees on the property shall be preserved in accordance with the provisions of  Section 7-600 et seq. of the Zoning Ordinance.  Existing trees shall be preserved to the maximum extent practicable except for the construction of  house pads, yards, drainfields, driveways and streets.  In lieu of the street tree planting requirement set forth therein, applicant shall plant 88 trees along the northern portion of the property in an area to be designated at the time of  construction plan approval. The trees shall generally meet the standard set forth in Section 7-603(2)(b) of the Ordinance for street trees and shall be planted either along the northern property line of the property or at the edge of the northern-most lots or a combination thereof which is determined to afford the maximum degree of screening.  The trees shall have a minimum 2 ¼ inch caliper at planting and a height at maturity of 15 feet or more.

 RESOLVED FURTHER by the Fauquier County Board of Supervisors this 14th day of February, 2008, that SPEX08-SC-009 be, is hereby, approved, subject to the following conditions:

SPEX08-SC-009: Category 23: Fill in the FEMA Floodplain

  1. This Special Exception is granted for and runs with the land indicated in this application as PIN 7012-73-5993-000, and is not transferable to other land.

  2. This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat entitled “Special Exception Plat Category 23, 28 & 29” dated January 26, 2008 and received in the Planning Office on January 28, 2008, as approved with this application, as qualified by these development conditions.
  3. Under no circumstances shall any use, activity, fill, and/or development within the floodplain adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system that would increase flood heights and/or velocities on adjacent, upstream or downstream properties.
  4. The crossing shall be designed to accommodate all Federal, State, and Local requirements.
  5. Applicant shall submit evidence that applicable permits (DEQ, DCR VMRC, USACOE) have been acquired before any land disturbing activities, for any work in waters of the US and/or the state, associated with the Special Exception improvements commence.
  6. Materials and equipment stored in the floodplain shall not be buoyant, flammable or explosive, and shall not be subject to major damage by flooding or such materials and equipment must be firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
  7. The crossing is to pass no less than the 10-year storm flow.
  8. The road shall be reconstructed above the 10-year water surface elevation.
  9. If the road location in the floodplain changes, as determined by Community Development, from the location shown on the “Special Exception Plat Category 23, 28 & 29” dated January 26, 2008, this Special Exception is no longer valid.
  10. A drainage study/analysis using regional regression equations shall be provided prior to Final Construction Plan or Final Plat approval demonstrating that the reconstruction of the existing road bed within the floodplain, including the size of the culvert, will not adversely affect the capacity of the channels of any water course, drainage ditch or any other drainage facility or system which would increase flood heights and/or velocities on adjacent, upstream or downstream properties unless written permission has been obtained from the affected property owner and where applicable a flood inundation zone easement has been obtained.
  11. The Applicant shall test the existing bridge for engineering soundness. If the bridge needs to be replaced, the replacement shall occur at the existing location without significant impact on the existing floodplain.
  12. Should the existing bridge need to be replaced, the Applicant shall comply with Minimum Standard 14 of the Virginia Erosion and Sediment Control Handbook (VESCH).
  13. Should the existing bridge need to be replaced, the design of the replacement bridge shall be consistent with the rural characteristics of the surrounding property(ies).
  14. If this project disturbs more than 10,000 square feet, a land disturbance permit shall be required.

AND, BE IT RESOLVED FURTHER, that a Waiver of Zoning Ordinance Section 7-302.1.A.3 is hereby granted to allow a right-of-way that is less than fifty (50) feet in width.

 

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