A Resolution to Approve
SPEX04-LE-018, a Category 1 Special Exception to Allow Dwelling Units
Above Commercial Uses
WHEREAS, the owners of the property located on the east side of
Marsh Road (Route 17) and the southeast side of Catlett Road (Route 28),
in Lee Magisterial District, further identified by PIN
#6899-24-9873-000, have requested a Category 1 Special Exception to
allow dwelling units above commercial units; and
WHEREAS, the requested
Special Exception will allow the applicants to construct residential
dwelling units above commercial uses; and
WHEREAS, April 22, 2004, at its
meeting, the Planning Commission voted unanimously to forward Special
Exceptions SPEX04-LE-018 to the Board of Supervisors with a
recommendation of conditioned approval; now, therefore, be it
the Fauquier County Board of Supervisors this 17th day of May
2004, That Special Exception #SPEX04-LE-018, Crane’s Corner, LLC,
applicants, be, and is hereby, approved, subject to the following
- The 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 Site Plan shall
be required, pursuant to Article 12 of the Zoning Ordinance.
- An initial Site
Plan shall be filed within one (1) year of the approval of this
Special Exception. No time limit shall be imposed on this Special
Exception, provided that a Site Plan is filed within one year of
- The development of
the property shall be in general conformance with the Special
Exception Plat entitled "Liberty Station (a.k.a. Crane's Corner)
Special Exception, Rezoning and Concept Development Plan Amendment"
dated April 16, 2004, and received in the Planning Office on April
22, 2004, except as modified by these conditions.
- The property
association agreement shall be provided to the County for review and
comment prior to Site Plan approval as it relates to stormwater
management/BMP facilities, landscaping, parking
agreements/arrangements, parking lot maintenance, private streets,
open space, etc.
- The maximum number
of apartment units shall be 40.
- The maximum number
of bedrooms per unit shall be two (2).
- Apartments shall
be limited to the second floor and above.
- This Special
Exception approval grants a 20% reduction of the number of parking
spaces required pursuant to Zoning Ordinance Sections 5-103.2.e,
7-102.3 and 7-102.4 for the nonresidential components of the
development and removes the requirement for visitor parking spaces
for the residential portion of the development. Parking space
credit shall be given for those spaces provided along Willow Drive
and Liberty Station Boulevard.
- The Shared Parking
Agreement shall be provided to the County for review and approval
prior to Site Plan approval. This Agreement shall provide that all
tenants shall share parking rights for a specified number of parking
spaces; however, a limited number of parking spaces may be assigned
to a particular user/tenant.
- Overnight parking
of boats, trailers, or camper type vehicles shall not be permitted
on the site.
- The minimum front
yard shall be 14 feet measured from the property line, in accord
with Zoning Ordinance Section 5-103.2.c.
- The uses allowed
with this Special Exception shall be those uses identified in
Article 3 of the Zoning Ordinance permitted in the C-1 zoning
district, except the following or similar uses shall not be
permitted in mixed residential use buildings:
- Medical Care
Facility, Minor or Major;
Repair, Cabinet Making, Upholstery, More Than 5,000 sq. ft.;
- Welding, Sheet
Metal Shops, Less or More Than 5,000 sq. ft.; and
- Any Category
14 Use, except vehicle part sales, installation (not including
- 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 C-1 zoning district,
pursuant to Article 3 of the Zoning Ordinance.
- The Liberty
Station Boulevard entrance to Route 17 shall meet the Virginia
Department of Transportation (VDOT) design requirements.
- The applicant
shall work diligently with VDOT and Fauquier County to have Liberty
Station Boulevard accepted into the State System of Highways,
provided that building setbacks are acceptable to the applicant. If
approved by VDOT through its land use permit process, a landscaped
median shall be provided in the Liberty Station Boulevard design.
In addition, landscaping shall be provided along both sides of the
roadway within any unused right-of-way, as permitted by VDOT. Said
landscaping shall be consistent with VDOT’s requirements as
promulgated in its “Guidelines For Planting Along Virginia’s
Roadways”. The property owners association shall be responsible for
the continued upkeep and maintenance of said landscaping. If
Liberty Station Boulevard must remain as a development travelway for
setback purposes, rather than a public or private street, the
maintenance agreement for its perpetual maintenance shall be
reviewed and approved by the County prior to Site Plan approval.
The Special Exception Plat may be amended to reflect Liberty Station
Boulevard as a travelway rather than a street.
- The architectural
appearance of the mixed-use residential buildings shall be as shown
on the rendering received in the Planning Office August 6, 2003,
entitled “Town Center Mixed Use Complex”.