RESOLUTION 

A RESOLUTION TO APPROVE SPEX04-LE-007 AND SPEX04-LE-008: A CATEGORY 26 SPECIAL EXCEPTION FOR A REDUCTION IN NON-COMMON OPEN SPACE AND A CATEGORY 29 SPECIAL EXCEPTION WHICH WOULD ALLOW FOR A WAIVER OF THE PUBLIC STREET REQUIREMENT IN A RESIDENTIAL ZONE

 

            WHEREAS, Patrick and Deborah Mason, owners of the property identified by PIN 7815-73-3973-000, have requested a Category 26 Special Exception to reduce the required non-common open space in an RA zone pursuant to Article 3-326, 5-2600 and 5-2601 of the Zoning Ordinance; and

 

            WHEREAS, the Mason’s have also requested a Category 29 Special Exception to allow a waiver of the public street requirement in a residential zone; and

 

WHEREAS, the requested Special Exceptions are preparatory to a single division of this property; and

 

WHEREAS, the property owners agree to no further division of either parcel created by the proposed single division; and    

            WHEREAS, on January 29, 2004, the Fauquier County Planning Commission held a public hearing and considered testimony; and

WHEREAS, on January 29, 2004, the Planning Commission voted unanimously to forward Special Exceptions SPEX04-LE-007 and SPEX04-LE-008 to the Board of Supervisors with a recommendation of conditioned approval; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 15th day of March 2004, That Special Exceptions SPEX04-LE-007 and SPEX04-LE-008, Patrick and Deborah Mason, Applicants, be, and are 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 deed of non-common open space shall be recorded on the ±173.60 acre residue parcel with Final Subdivision approval of the new lot.

 

  1. Once the new Lot has been subdivided and recorded, no further subdivision shall be permitted on PIN# 7815-73-3973-000 or any lots created from PIN# 7815-73-3973-000.
  2. Prior to Final Plat approval a fifty (50) foot wide tree/landscape buffer shall be located along the boundaries of PIN’s 7815-72-9404-000 and 7815-82-2359-000.  This buffer shall be placed within an easement.

 

  1. The final engineering for the floodplain crossing shall be determined during the Final Construction Plan process.

 

  1. All entrances shall be designed in accordance with the Virginia Department of Transportation standards.

 

  1. The applicant shall demonstrate, prior to Preliminary Plat approval, that the proposed use will not cause an increase in the level of flooding or velocity of floodwaters.

 

  1. The applicant shall demonstrate, prior to Preliminary Plat approval, that the proposed use will not create a potential hazard of debris subject to movement by floodwaters, which might cause damage downstream.

 

  1. All existing structures on the property shall be shown on the Preliminary Plat.

 

  1. The fifty (50) foot ingress/egress easement shall be located in such a manner that it does not create non-conforming buildings on the Preliminary Plat.

 

  1. The plat shall indicate the right-of-way width of Route 17 and indicate the distance from the centerline or edge of pavement to the property line.  The distance to the nearest intersection shall be shown.

 

  1. Prior to Final Plat approval the applicant shall design and construct or bond for construction a standard two-way commercial entrance with a paved surface.

 

  1. Prior to Final Plat approval, the applicant shall design and construct or bond for construction a deceleration lane along State Route 17.  The lanes shall have a length of 200 feet and a taper of 150 feet.

 

  1. The private street shall be at least 16 feet wide with a minimum of 4 feet shoulders.

 

  1. All work and requirements associated with this Special Exception shall be completed within two (2) years of Final Plat approval, or the Special Exception becomes null and void.

 

  1. Homeowner’s association documents demonstrating that adequate provisions have been made to provide for the continuous maintenance and repair of the private street shall be required prior to Final Plat approval.