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

            RESOLVED by 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 conditions:

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


  1. 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.


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


  1. 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 approval.


  1. 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.


  1. 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.


  1. The maximum number of apartment units shall be 40. 


  1. The maximum number of bedrooms per unit shall be two (2).


  1. Apartments shall be limited to the second floor and above.


  1. 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.


  1. 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.


  1. Overnight parking of boats, trailers, or camper type vehicles shall not be permitted on the site.


  1. The minimum front yard shall be 14 feet measured from the property line, in accord with Zoning Ordinance Section 5-103.2.c.


  1. 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:


    1. Medical Care Facility, Minor or Major;
    2. Golf, Miniature;
    3. Kennel/Animal Shelter;
    4. Veterinary Clinic;
    5. Furniture Repair, Cabinet Making, Upholstery, More Than 5,000 sq. ft.;
    6. Welding, Sheet Metal Shops, Less or More Than 5,000 sq. ft.; and
    7. Any Category 14 Use, except vehicle part sales, installation (not including repair garage).


  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 C-1 zoning district, pursuant to Article 3 of the Zoning Ordinance.


  1. The Liberty Station Boulevard entrance to Route 17 shall meet the Virginia Department of Transportation (VDOT) design requirements.


  1. 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.


  1. 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”.