A Resolution to Approve Freedom Place Special Exceptions SPEX05-LE-008:  Fill in the Floodplain for Floodplain Crossings and SPEX06-LE-021:  Reduction of Non-Common Open Space

WHEREAS, Jean E. Cheatham, William W. Goulding, Estate of Robert H. Hodgson, James F. Steffey and Gary W. Weaver, owners and Centex Homes, applicant, are seeking approval for a Category 23 Special Exception for fill in the floodplain associated with floodplain crossings and a Category 26 Special Exception for a reduction of non-common open space; and

WHEREAS, the applicant seeks these approvals to construct floodplain crossings and reduce the non-common open space requirement on PIN #6889-89-6214-000 for the Freedom Place Development; and

WHEREAS, this assemblage of parcels identified is identified as PINs #6889-89-6214-000, #6899-18-3742-000 and #6899-05-7716-000; and

WHEREAS, on March 30, 2006, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and recommended approval of these applications; and

            WHEREAS, on April 13, 2006 and May 11, 2006, the Board of Supervisors conducted public hearings and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the applications satisfies the standards of Zoning Ordinance Articles 5-006, 5-2301 and 5-2601 and; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 11th day of May 2006, That SPEX05-LE-008 and SPEX06-LE-021 be, and are hereby, approved, subject to the following conditions:

1.      The Special Exceptions are granted for and run with the land indicated in these applications and is not transferable to other land.

2.      The Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Freedom Place Concept Development Plan and Proffers received in Community Development on April 10, 2006, approved with the application, as qualified by these development conditions.

3.      The reduction of non-common open space shall be granted in order to create a 36-acre lot, dedicated to Fauquier County via the proffers, located north of the proposed East-West Connector Road.

4.      The remaining parcel shall be allowed one (1) subdivision right and the required non-common open space easement shall be recorded on the residue.  The one division and the residue parcel shall be deed restricted from further subdivision.

  1. Under no circumstances shall any use, activity, fill, and/or development within the floodplain adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system which would increase flood heights and/or velocities on adjacent properties.
  2. The crossings shall be designed to accommodate all Federal, State, and Local requirements and shall incorporate river-training and counter-sinking techniques.
  3. The crossings shall not be sized any larger than necessary to convey the applicable design storms for the relevant category of roadway (based on traffic estimates) unless mutually agreed to and requested by the Fauquier County Engineering Office and VDOT.
  4. In all cases, proposed crossings of the FEMA floodplain shall be aligned and designed to traverse floodplains and the natural stream in locations where disturbance to the floodplain is minimized (i.e., in areas where floodplain top widths are the smallest and where the natural stream can be crossed perpendicularly without requiring natural stream channel relocation unless otherwise directed by the County Engineer.)
  5. Should multiple structures be required to accommodate the projected discharges, the primary cell of the crossing shall be sized to conform to the natural stream characteristics (as defined by stream width, existing bed & banks, invert elevations, etc.)  These characteristics must be field surveyed and be included with final plan submittal.  The primary cell shall be located in the actual location of the incised streambed.  Additional cells of the crossing must be designed to only be activated at such time as the overbank region would normally be activated with higher volumes of stormwater runoff (as determined by the County Engineer).  Invert elevations of the additional cells shall be established no lower than the natural overbank elevation where they will be placed.  Should the cells be constructed as a single structure, the crown elevation of all cells must be designed to match each other.  Depending on the individual site conditions, the additional cells may be constructed separately from the primary cells but must meet Fauquier County and VDOT requirements at the time of final design review.
  6. A detailed flood study must be prepared to County specifications and submitted to FEMA for CLOMR/LOMR processing.  These items must be bonded with Fauquier County until complete.
  7. Proper permits are to be obtained from DEQ, DOE, and/or VMRC for any work in waters of the US and/or the State.
  8. The CLOMR must be approved prior to the approval of the Final Construction Plans.

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