A RESOLUTION TO APPROVE A COMPREHENSIVE PLAN CONFORMANCE DETERMINATION IN ACCORDANCE WITH THE CODE OF VIRGINIA, SECTION 15.2-2232, AND A CATEGORY 20 SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF A GAS COMPRESSOR STATION
WHEREAS, Lewis J. and Martha M. Bender, Owners, and Dominion Transmission, Inc., Applicant, have filed an application for a Comprehensive Plan conformance determination and for Special Exception approval under Category 20 of the Fauquier County Zoning Ordinance to construct a gas compressor station; and
WHEREAS, the Code of Virginia, Section 15.2-2232, requires determination by the Board of Supervisors that this proposal is in substantial accord with the Comprehensive Plan; and
WHEREAS, the Special Exception of Lewis J. and Martha M. Bender, Owners, and Dominion Transmission, Inc., Applicant, has been property filed and all required notices of the public hearings have been properly made, and the applicant has presented evidence both oral and documentary, and the staff has filed a staff report, all indicating compliance with the general standards for Special Exception as set forth in Article 5 of the Fauquier County Zoning Ordinance and the Board further finds that the more restrictive standards of Article 5-2002 for all Category Type 20 uses of said Zoning Ordinance are met in this application; and
WHEREAS, on February 20, 2004, the Fauquier County Planning Commission held a public hearing on this Comprehensive Plan determination and Special Exception request and recommended denial; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 15th day of March 2004, That the proposed public utility is in conformance with the Fauquier County Comprehensive Plan in accord with the Code of Virginia, Section 15.2-2232; and, be it
RESOLVED FURTHER, That Special Exception SPEX04-CR-012, of Lewis J. and Martha M. Bender, Owners, and Dominion Transmission, Inc., Applicant, be, and is hereby, approved subject to the following conditions:
Any increase in the operating conditions or facility expansions which (i) are beyond what is depicted on the Special Exception plat and contained within the application materials, and (ii) require modification of the DEQ permitted annual emissions for the facility, as depicted on the Special Exception plat, shall require an amendment to the special exception. However, changes in regulations promulgated by DEQ or the Environmental Protection Agency requiring compliance with stricter environmental standards, even if they require modifications to the facility, shall be permitted without amendment to this special exception.
16. The special exception is valid for
five years from the issuance of the Certificate of Occupancy.