A Resolution to Approve SPEX06-CT-010, Stonehill Estates: A Category 23 Special Exception for a Floodplain Crossing, CENTER DISTRICT

WHEREAS, Bluerock Creek, LLC, owner and applicant, is seeking Special Exception approval for a floodplain crossing; and


WHERAS, the applicant seeks this approval to allow for modifications to an existing road and bridge within the 100-year floodplain to serve three (3) new lots in the Stonehill Estates Subdivision; and

WHEREAS, on January 26, 2006 and February 16, 2006, the Fauquier County Planning Commission held public hearings on the proposed Special Exception and recommended approval of the application, subject to conditions; and

WHEREAS, on April 13, 2006, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2300; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 13th day of April 2006, That SPEX06-CT-010 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, PIN # 6985-13-3513-000) and is not transferable to other land.

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

3.        Final design for Moffett Drive shall be submitted to the U.S. Army Corps of Engineers for a wetlands permit prior to Final Construction Plan approval.

4.        Evidence of the U.S. Army Corps of Engineers permit and the conditional letter of the FEMA map revision shall be submitted to Community Development prior to approval of the Final Construction Plan.

5.        “As builts” of the Moffett Drive crossing of the floodplain shall be submitted to FEMA for final map revision after completion of this project.

6.        Applicant shall post a bond for the construction of Moffett Drive and repair, if needed, of the bridge in accordance with the requirements of VDOT prior to the issuance of any land disturbing permit for the construction of Moffett Drive.

7.        If the road location in the floodplain changes materially, as determined by Community Development, from the location shown on the plat dated December 2005, this Special Exception is no longer valid.

8.        An initial set of construction plans for Moffett Drive shall be filed within one (1) year after the approval of this Special Exception.  No time limit shall be imposed on this Special Exception, provided that such construction plans have been filed within one year of approval of this Special Exception.


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