A RESOLUTION TO APPROVE A Category 17 Special Exception to Allow the Construction and Operation of a New Hot Mix Asphalt Plant (SPEX07-CR-011), SUPERIOR PAVING CORPORATION

            whereas, Superior Paving Corporation, applicant, is seeking a Category 17 Special Exception under Zoning Ordinance Section 3-317 5., Heavy Industrial Uses, which would allow for the construction and operation of a new hot mix asphalt plant to replace an existing plant; and

            WHEREAS, on January 25, 2007, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and

            WHEREAS, on February 20, 2007, the Fauquier County Planning Commission recommended approval of the application, subject to conditions; and

            WHEREAS, on March 8, 2007, the Fauquier County Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, on March 8, 2007, the Fauquier County Board of Supervisors concurred with the Planning Commission and determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-1703; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 8th day of March 2007, That SPEX07-CR-011 be, and is hereby, approved, subject to the following conditions:


1.      The Special Exception is granted for and runs with the land (148 +/- acres owned by Warrenton Quarry Property, LLC near Warrenton, Virginia “the Property”, and more specifically the 15.20 acres leased by Superior Paving Corporation) indicated in this application and is not transferable to other land.  Review by the Board of Supervisors shall be required if operation of the hot mix asphalt plant on the Property is transferred to a new hot mix asphalt plant operator (hereinafter, the “transferee”).  A transferee may continue to operate under this Special Exception if, prior to the transfer, a transferee is determined by the Board of Supervisors to be an acceptable operator of the plant located on the Property.  A determination of a transferee’s acceptability shall be initiated by a written request from the Applicant to the Board of Supervisors.  Upon receipt by the Board of Supervisors of a written request by the Applicant and required supporting documentation, the Board shall have 120 days to review the request and issue a determination as to the acceptability of a transferee.  This 120-day review by the Board of Supervisors is not intended to constitute a new Special Exception application, and approval of a transferee shall not be unreasonably withheld.

2.      This Special Exception is granted only for the purpose(s), and/or uses indicated in the application and as shown on the Special Exception Plant submitted with the application.  All purposes and/or uses shall be in general conformance with the Special Exception Plat, as qualified by these development conditions.

3.      This Special Exception shall be granted in perpetuity.

4.      The applicant shall submit, once every three (3) years, from date of Board of Supervisors approval, a report documenting that the use of the property as approved by the Special Exception is in full compliance with all requirements of law and respect to the maintenance and conduct of the use, with all of the requirements and the standards of the Zoning Ordinance and with all conditions of this Special Exception.  This report shall be submitted to the Zoning Administrator to demonstrate compliance.

5.      Best Management Practices (BMPs) with emphasis on minimizing noise, dust, odor and vibration shall be implemented for use of all crushing equipment and associated equipment.

6.      Fugitive dust shall be suppressed by use of water spraying activities.  No oil-based products shall be used for suppression of fugitive dust.

7.      All ingress and egress to the facility shall only be through the entrance on Meetze Road (Route 643).

8.      Uses associated with Superior Paving Corporation shall be located to minimize impact on adjacent uses and appropriately screened as necessary.  The determination of location and screening to be finalized during the site plan process.

9.      Normal hours of operation for truck delivery and pick-up shall be limited to 7:00 a.m. to 6:00 p.m. Monday thru Saturday.

10.  Truck deliveries and pickups, other than during normal hours of operation, shall be allowed for emergency situations, or for federal, state or local government projects or public utilities requiring off-hour truck deliveries or pickups.  The expanded hours shall not adversely impact the surrounding properties.

11.  Truck deliveries and pickups, other than during normal hours of operations, for exceptional situations, not categorized in the above item #10 shall be granted pursuant to approval by the Zoning Administrator.

12.  Truck loads not to exceed legal capacity limits; except during a declared local, state or federal emergency situation.

13.  Adverse impact resulting from a violation of any condition of the Special Exception, as determined by the Board of Supervisors based on competent analysis shall be the responsibility of Superior Paving Corporation to correct to the satisfaction of the County.

14.  Groundwater withdrawal or other activity shall not cause a significant depletion of groundwater in the area.

15.  All external lighting sources shall be shielded so that lighting is directed downward and source is not directly visible from neighboring properties and the applicant shall meet the standards set forth in the Fauquier County Zoning Ordinance Section 9-1000: Outdoor Light Control and Section 9-900: Glare Standards.

16. The applicant shall obtain written approval regarding the adequacy of the existing entrance on Meetze Road from the Virginia Department of Transportation (VDOT) prior to site plan approval by Fauquier County.  Any improvements required by VDOT shall be shown on the minor site plan as required by these conditions.

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