A Resolution to Approve SPEX05-CR-006, A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement, CEDAR RUN DISTRICT


            WHEREAS, the owners of the property identified by PIN 6990-45-1135-000 have requested a Category 26 Special Exception to allow a decrease in the non-common open space requirement; and


WHEREAS, the requested Special Exception will allow the applicant to reduce the non-common open space to 75%, or ±120 acres, in order to create four (4) lots through the family subdivision process; and


            WHEREAS, this approval includes only the four (4) proposed family division lots, plus the ±120-acre residue (identified as Lots 5 and 6) shown on the Special Exception Plat called “Special Exception Plat, Rodney I. & Hazel D. Smith Property,” dated August 25, 2004; and


            WHEREAS, on January 27, 2005, the Fauquier County Planning Commission held a public hearing and considered public testimony; and


WHEREAS, on February 17, 2005, the Planning Commission voted to forward this Special Exception SPEX05-CR-006 to the Board of Supervisors with a recommendation of conditioned approval; now, therefore, be it


            RESOLVED by the Fauquier County Board of Supervisors this 10th day of March 2005, That Special Exception SPEX05-CR-006, Rodney I. Smith and Hazel D. Smith, Owners/Applicants, be, and is hereby, approved, subject to the following conditions:


1.      The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.


2.      The applicant shall deed restrict the remaining ±120 acres from further subdivision and place a non-common open space easement on this residue parcel. 


3.      The Special Exception is granted for the purpose(s), structure(s) and/or uses indicated on the amended Special Exception Plat titled “Special Exception Plat, Rodney I. & Hazel D. Smith Property”, dated August 25, 2004 approved with the application, as qualified by these development conditions.


4.      The request for a reduction of non-common open space from 85% (134.34 acres) to 75% (±120 acres) shall be granted if, and only if, the applicant places deed restrictions on the parcel to preclude further subdivision and/or development.  This acreage may be modified to reflect the surveyed acreage of the parcel.



5.      A survey of the entire parcel shall be submitted with the first family subdivision of the property.


6.      Per the Virginia Department of Transportation (VDOT) requirements, the applicant shall upgrade the entrance from Route 745, which provides ingress and egress for the Private Subdivision Street Entrance, to a standard of 24 feet wide paved and with 25 feet of easement from edge of pavement to access the four (4) lots.


7.      To maintain appropriate VDOT sight distance requirements clearing of vegetation at the entrance shall also be done prior to the issuance of the VDOT entrance permit.  VDOT also recommends additional pipe (culvert) in this location.


8.      Applicant shall provide documentation for deed of ownership on the 50-foot roadway from Route 745 prior to issuance of VDOT entrance permit.