Resolution to Approve SPECIAL Exceptions SPEX05-ct-017, spex05-ct-018, spex05-ct-019 TO Allow FOR A high school

            WHEREAS, the Fauquier County School Board, the applicant, has requested a Category 5 Special Exception SPEX05-CT-017, a Category 20 Special Exception SPEX05-CT-018 and a Category 26 Special Exception SPEX05-CT-019 to allow for the construction of a high school on the property identified by PIN 7904-66-5674-000; and

WHEREAS, the requested applications would allow for the inclusion of the proposed school site in the New Baltimore Service District and allow for extension of central utilities to exclusively serve the proposed school; Special Exception SPEX05-CT-017 a Category 5 Special Exception, would allow for a school in the RA zoning district; Special Exception SPEX05-CT-018 a Category 20 Special Exception would allow for an above ground sewer pumping facility; and Special Exception SPEX05-CT-019 a Category 26 Special Exception would allow for a reduction of non-common open space; and


WHEREAS, on March 31, 2005, the Planning Commission held a public hearing on all the applications and voted to recommend denial of the Comprehensive Plan Amendment to the Board of Supervisors for the following reasons:


1.      The proposal for is not consistent with the Comprehensive Plan.


2.      The proposal failed to demonstrate that there were no other alternatives available, nor did it show that any other options were pursued and then eliminated due to cost, location, or other reason.


; and


            WHEREAS, on April 26, 2005, the Planning Commission considered the three (3) Special Exception requests and recommended that the Board of Supervisors deny these applications; and


            WHEREAS, on May 12, 2005, the Fauquier County Board of Supervisors held a public hearing and considered the public testimony on the Comprehensive Plan Amendment and three (3) Special Exception applications; and

WHEREAS, the Fauquier County Board of Supervisors did not concur with the Planning Commissions recommendation; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 12th day of May 2005, That the three (3) companion Special Exceptions SPEX05-CT-017, SPEX05-CT-018 , SPEX05-CT-019, E.C. Investors, LLC, Owner, and Fauquier County School Board, Applicant, are hereby, approved, subject to the following conditions:

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


2.      The Special Exceptions are granted for the purpose(s), structure(s) and/or uses indicated on the amended Comprehensive Plan and Special Exception Plats received in the Planning Office on December 22, 2004.


3.      The request for a reduction of non-common open space from 85% (153 acres) to 78 acres shall be granted if and only if the site is selected for the proposed school.


  1. A Site Plan shall be required, pursuant to Article 12 of the Zoning Ordinance.


  1. This Special Exception approval does not remove any Site Plan, Administrative Special Permit, Special Permit or Special Exception approval required for specific uses permitted in the RA zoning district, pursuant to Article 3 of the Zoning Ordinance.


  1. This Special Exception approval does not remove any other approvals or permits that shall be required from the County, and other local, state or federal agencies.


  1. The high school shall be allowed in the Rural Agricultural Zoning District, per the request in Special Exception SPEX05-CT-017.


  1. The high school shall not exceed 1500 students.


  1. Per Section 3-408(3) of the Fauquier County Zoning Ordinance, which refers to the school development program, the high school shall provide at least 14.8 acres (or 17.6%) of active recreation open space for school use.


  1. Athletic and recreational lighting of the ball fields shall be consistent with the requirements set forth in the Fauquier County Zoning Ordinance.  This shall include downward directed and shielded lighting.


  1. The architecture, building materials and landscaping shall be consistent with the neighboring residential community character, as proposed in the Statement of Justification.


  1. The sewer piping and sewer pumping station and its related facilities, constructed through the New Baltimore Service District, shall be designed to accommodate only the wastewater needs of the high school with its maximum capacity of 1500 students and projected employment of 200.  The extension of public sewer and water utilities and the connection/sizing restrictions are consistent with Chapter 6 of the Comprehensive Plan and the Board of Supervisors findings regarding 15.2-2232 of the Code of Virginia.


  1. No additional connections to the constructed sewer service line for the high school shall allowed within the New Baltimore Service District or south of Route 605.


  1. Other than the high school, no connections to the constructed water line located south of Route 605 shall be allowed.


  1. The applicant shall meet landscape and buffering requirements pursuant to the Zoning Ordinance.


  1. The applicant shall provide buffering such as, but not limited to, vegetation or another equally acceptable method on the perimeter boundary of all outdoor competition recreation areas that directly abut adjacent properties.  The proposed method of buffering shall be depicted on the final site plan.  The applicant shall also maintain, to the greatest extent possible, the existing vegetation in these perimeter areas.


  1. The applicant shall provide emergency access to all athletic fields that are not directly accessible from parking areas.  The emergency access location and design shall be reviewed and approved by the County Engineer and the Office of Emergency Services prior to approval of the final site plan.


  1. The applicant shall satisfy and meet the Virginia Department of Transportation (VDOT) requirements for all roadway improvements for the approved use. 


19.  The applicant shall design and construct all off-site roadway improvements essential to the high school’s opening as required by VDOT.


  1. The roadwork shall consist of, but is not limited to: frontage improvements, utility relocation, turning lane movement improvements, on site right-of-way dedication for the future 4-lane Dumfries Road (Route 605), guardrails, and signalization at Route 605 and Riley Road intersection through school site.  Dedication of right-of-way for the future widening of Route 605 shall be dedicated along the south side of the road (school side) so as not to impact existing residential properties on the north side.


21.  A signal must be installed at the intersection of Route 605 and Route 676, or full funding of the signal escrowed prior to the issuance of the Occupancy Permit.


22.  The length of necessary turn lanes will be determined by VDOT and County staff during the final site plan review.


23.  Per VDOT, Lane widths along Route 605 shall be widened to twelve (12) feet in areas where frontage improvements are being performed.


  1. Entrance and frontage requirements shall meet VDOT standards. 


25.  The high school proposes sewer and water lines along Route 676.  There are several existing utilities and easements along Route 676 that may preclude the installation of the two additional lines.  Easements may be necessary for the installation of these lines.  In addition, VDOT will not permit any utilities to be installed within the right-of-way that would be in conflict with proposed improvements to the intersection of Route 676 and Route 605 or the future widening of Route 605 to four lanes.  The utilities shall not be constructed within any existing or proposed pavement, and shall be generally located on the outer three (3) feet to five (5) feet of the right-of-way in accordance with the VDOT  Land Use Permit Manual.  The applicant shall acquire all necessary off-site utility easements.


26.   The Fauquier County Water and Sanitation Authority (WSA) requires that water system modeling shall be finalized to determine whether the New Baltimore Water System can provide adequate flow, or whether on-site fire storage or system upgrades may be needed to provide required fire flows prior to site plan approval.


  1. Proof of provisions for adequate fire flow as outlined by the Office of Emergency Services shall be required with the first submission of the final site plans.


28.  The WSA requires an analysis to be performed of its sewage collection system and the Brookside Pump Station and force main, to determine whether the additional flows generated by the school will require any upgrades to the sewer system.


29.  The expense associated with the water and sewer system extensions and/or system upgrades made necessary by this project shall be born by the School Board and shall be designed and constructed in accordance with the WSA’s Utility Standards Manual (USM).


  1. Floodplains: Although FEMA floodplain maps do not indicate the presence of floodplains, four (4) percent of the site is mapped as soils with a frequent (greater than greater than 50 times in 100 years) occurrence of flooding. Building development (structures) shall not occur on this soil map unit (5A); this does not preclude recreational uses.


  1. Shrink – Swell Soils: Only 4 percent of the site has soil map units with a high rating for shrink – swell potential. While shrink – swell potential is a severe limitation to development, the area involved is small and shall be avoided during development planning or shall be mitigated through appropriate engineered design (Map units 78A and 475B).


  1. All applicable State and Federal permits shall be filed with the first submission of the final site plan.  This includes the COE/DEQ wetlands permit.


  1. Storm water management and BMPs shall be required for the site.


  1. Soils that are characterized as being hydric, having hydric inclusions or a high water table are generally not suited for dry ponds due to the fact that these ponds can’t be kept dry year round.  It is advisable to not utilize dry ponds for SWM/BMP in these areas.


  1. The toe of the embankment and all drainage structures shall be 25 feet from the property line.  This area is to have no trees or woody vegetation.  Landscaping shall not be in this area.


  1. All travel ways shall be a minimum of 20 feet wide unless approved otherwise by VDOT and the County.


  1. Any offsite easements (grading, utility, etc.) shall have to be acquired prior to Final Site Plan approval.


  1. Light poles and retaining walls shall be restricted to no closer than 100 feet from the property lines, per Section 5-502 of the Zoning Ordinance.