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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.
- 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.
- 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.
- 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.
- 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.
- The final
engineering for the floodplain crossing shall be determined during
the Final Construction Plan process.
- All entrances
shall be designed in accordance with the Virginia Department of
Transportation standards.
- 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.
- 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.
- All existing
structures on the property shall be shown on the Preliminary Plat.
- 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.
- 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.
- 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.
- 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.
- The private street
shall be at least 16 feet wide with a minimum of 4 feet shoulders.
- 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.
- 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.
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