A Resolution to Approve SPEX05-CR-006, A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement

            WHEREAS, the owners of the property identified by PIN 6990-45-1135-000 have requested a Category 26 Special Exception to allow a decrease in the non-common open space requirement; and

WHEREAS, the requested Special Exception will allow the applicant to reduce the non-common open space to approximately 38 percent or ±60 acres in order to create six (6) deed-restricted lots; and


            WHEREAS, this approval includes only the lots shown on the Special Exception Plat called “Special Exception Plat, Rodney I. & Hazel D. Smith Property,” dated August 25, 2004; and

            WHEREAS, on February 17, 2005, the Planning Commission voted to forward this Special Exception SPEX05-CR-006 to the Board of Supervisors with a recommendation of conditioned approval to create four (4) lots; and

WHEREAS, on March 10, 2005, the Board of Supervisors held a public hearing and considered the public testimony; and

WHEREAS, on April 14, 2005, the Board of Supervisors voted to approve Special Exception SPEX05-CR-006, for a non-common open space reduction that would permit the creation of up to six (6) lots; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 14th day of April 2005, That Special Exception SPEX05-CR-006, Rodney I. Smith & Hazel D. Smith, owners and Rodney I. Smith, applicant, be, and is hereby, approved, subject to the following conditions:

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


2.      The Special Exception is granted for the purpose(s), and/or uses indicated on the Special Exception Plat titled “Special Exception Plat, Rodney I. & Hazel D. Smith Property”, dated August 25, 2004 and received in the Planning Office on August 31, 2004 and, as qualified by these development conditions.


3.      The request for a reduction of non-common open space from 85% (134.34 acres) to 38 percent (±60 acres) shall be granted, if and only if, the applicant places deed restrictions on all of the parcels to preclude further subdivision and/or development.  The acreage on the two (2) 60-acre parcels may be slightly modified to reflect the actual surveyed acreage of the parcel; however, the remaining acreage shall be divided into two equal portions consistent with the Special Exception Plat.


4.      The applicant shall deed restrict all of the parcels including the two ±60-acre parcels from further subdivision and place non-common open space easements on the two ±60-acre parcels.


5.      Prior to any divisions of this parcel (PIN 6990-45-1135-000), the applicant shall submit a survey, from a licensed surveyor or engineer, that clearly indicates the surveyed acreage of the entire property.


6.      Per the Virginia Department of Transportation (VDOT) requirements, the applicant shall upgrade the entrance from Route 745, which provides ingress and egress for the Private Subdivision Street Entrance to a standard of 24 feet wide paved and with 25 feet of easement from edge of pavement to access the four (4) lots.


7.      To maintain appropriate VDOT sight distance requirements clearing of vegetation at the entrance shall also be done prior to the issuance of the VDOT entrance permit.  VDOT also recommends additional pipe (culvert) in this location.


8.      Applicant shall provide documentation for deed of ownership on the 50-foot roadway from Route 745 prior to issuance of VDOT entrance permit.


9.      The applicant shall meet all VDOT and County requirements regarding access to the future ±60-acre parcels.


10.  This Special Exception provides only for a reduction in non-common open space.  In order to divide this property as proposed, the applicant shall conform to the standards of the Fauquier County Zoning and Subdivision Ordinances and any other pertinent local, State or Federal approvals.