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:


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


  1. This Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.


  1. A Major Site Plan shall be required.


  1. All applicable Federal and State permit approvals shall be required prior to site plan approval.


  1. In accord with Section 5-2002.2. of the Zoning Ordinance no land or building shall be used for storage of materials other than those associated with this use.


  1. All culverts shall be sized for the 10-year storm with 12 of freeboard, but shall be no less than 15 in diameter.


  1. Verification from VEPCO that the proposed construction will be allowed in their right-of-way shall be required prior to Final Site Plan approval.


  1. Lighting and noise levels shall meet applicable County performance standards and requirements contained in Article 9 of the Zoning Ordinance.


  1. The entrance shall be paved for at least 25 feet into the property and be 30 feet wide.


  1. A VDOT entrance permit shall be required prior to issuance of Zoning/Building Permits.


  1. The entire facility, including the Measuring and Regulating Facility, shall be completely fenced and screened with a mix of evergreen trees and shrubs (recommend that the plant choices include deer tolerant plants).  This fencing and screening shall remain in place and be maintained by the applicant.


  1. The area of disturbance shall be limited to approximately 4.5 acres.


  1. The remainder of the property, approximately 26.13 acres (of the 30.63 acres boundary line adjusted), shall be made available to the Benders or others for farming as long as the parcel remains in the Southern Fauquier Agricultural and Forestal District.


  1. The applicant shall have one (1) year from the approval of the Final Site Plan to commence construction of the use.


  1. The Facility shall be permitted as a natural gas compressor facility in accordance with Virginia Department of Environmental Quality (DEQ) regulations, but in no case shall annual emissions for nitrogen oxide (NO2) exceed 24 tons per year without special exception amendment.  The Applicant will not seek from the DEQ any future permit modifications that will allow the Facility to emit more than 24 tons of NO2 emissions.


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.