ATTACHMENT 1

 RESOLUTION 

A RESOLUTION TO APPROVE PRELIMINARY PLAT #PP01-S-08 – BROOKSIDE A PLANNED COMMUNITY 

WHEREAS, Brookside Communities, LLC, Brookside Development, LLC, and R.G. Holdings, LP, owners and applicants have submitted a preliminary subdivision for Brookside Farm for 931 single-family lots on Parcel Identification Numbers 7905-93-5747-000, 7915-16-2290-000, 7915-06-7362-000, 7915-34-4195-000, 7915-35-2459-000, 7915-22-4253, 7915-22-0001, 7915-11-7109, 7915-20-3117, 7905-63-8907, 7905-82-5007, 7915-29-7852, 7914-39-3654, 7905-53-4817, 7905-54-1314 and 7915-20-4957; and

            WHEREAS, the Fauquier County Planning Commission voted to deny Preliminary Plat #PP01-S-08 – Brookside; and

            WHEREAS, the applicant has revised the preliminary plat to resolve Planning Commission and other identified plan shortcomings; and

WHEREAS, the Fauquier County Board of Supervisors held a public meeting and considered the revised and referenced preliminary subdivision; and

WHEREAS, at its meeting on May 20, 2002, the Fauquier County Board of Supervisors approved the companion Comprehensive Plan Amendment, Proffer Statement, Modifications, and Concept Development Amendments and Special Exception applications; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 20^th day of May 2002, That the Board does approve Preliminary Plat #PP01-S-08 – Brookside a Planned Community, subject to the following conditions:

1. The final construction plans and record plat shall be in substantial conformance with the preliminary subdivision plat prepared by The Engineering Groupe, Inc. entitled "Brookside a Planned Community " dated December 15, 2000, last revised January 30, 2002. However, the plat may be modified to meet the conditions of this preliminary plat approval or subsequent special exception approvals.  Final engineering and environmental analysis shall determine the final location of the SWM/BMP ponds, active recreation areas and internal trail alignment.
2. A complete set of the approved proffers and any special exception conditions shall be included with the final subdivision plan.
3. Land bay and lot configurations shall be in substantial conformance with the approved Concept Development Plan dated May 9, 2002, as determined by the Director of Community Development, unless final engineering reveals environment constraints, which prevent such conformance. 
4. The residential and non-residential lots must comply with all Zoning and Subdivision Ordinance requirements unless specifically amended with the approved CDP, proffers, and requested zoning modifications.  These requirements include, but are not limited, to lot size, setbacks, lot widths, cul-de-sac lengths, use of pipestem lots, intersection locations, driveway locations, roadway classifications, right-of-way widths, lot configurations, tree preservation, tree canopy and landscaping, architectural design standards, and open space.
5. Pump station(s), electric substation(s)/switch(es), and gas distribution infrastructure facilities shall be in conformance with Special Exception #01-S-16.
6. Final lot sizes shall not be less than the Land Bay minimum lot size identified within the approved proffers and CDP for Brookside Farm.
7. The minimum required open space for the Brookside section of the development shall be provided pursuant to the special exception conditions associated with SE 01-S-14.
8. The applicant shall provide the County any subsequent revisions to its final Individual Permit Wetland Report.  Those revisions shall indicate any official wetland determination made by the U.S. Army Corps of Engineers (USACOE) and recommended mitigation actions, which the applicant needs to accomplish resulting from site construction.  Prior to issuance of any land disturbing permit for any phase, the applicant shall demonstrate to the Department of Community Development that all federal wetland requirements, if any, have been completed to the satisfaction of the USACOE.
9. Lake Ashby, Henry's Pond and Lake Ann shall be inspected and verified for soundness and stability by a professional qualified to perform dam safety inspections.  If needed, the requisite engineering repairs shall be completed, and approved by the Department of Community Development, as proffered or prior to issuance of any occupancy permit for the first phase of any section of the development that adjoins or is contiguous to the lakes or pond.  If these ponds are to be utilized as SWM and BMP facilities for this project, as-builts of the entire structures shall be provided prior to final plat approval for lots down stream of the principal and/or emergency spillway to include accurate stage/storage information, existing outlet locations, sizes and inverts, spillway dimensions and any other information necessary to verify pond functions.
10. The final construction plans and final plat for each phase of the subdivision shall show the floodplain or modified floodplain limits as defined in the Subdivision Ordinance and as reviewed and approved by the Federal Emergency Management Agency (FEMA) and the County Engineer. 
11. Floodplain crossings shall be in conformance with the conditions of Special Exception #01-S-15.
12. The final subdivision plat may be modified to adjust lot lines to ensure that no more than 25% of any residential lot is located within the floodplain.  Restrictions must be placed on lots that have floodplain in order to meet provision of Section 2-412 of the Zoning Ordinance.
13. All Stormwater Management and BMP facilities shall meet the requirements of the Northern Virginia BMP Handbook and the Virginia Erosion and Sediment Control Regulations (VESCR).
14. The estimated one hundred year water surface elevation of Lake Ashby, Lake Ann and Henry's Pond shall be provided prior to final construction plan approval for any section of the development that is adjacent or contiguous to these features.
15. Consent of the gas company must be obtained prior to the location of any facilities, structures, or lots within the easement/right-of-way.
16. All drainage easements shall extend to the property limits.  In the event that storm drainage runs across individual lots, additional easements shall be recorded to ensure that existing or newly established drainage patterns are preserved.   Any such patterns shall be analyzed for adequacy to convey stormwater in conformance with Minimum Standard 19 of the VESCR.

17. All road design and construction shall be in accordance with the Virginia Department of Transportation (VDOT) standards and specifications; however, if there is a conflict between the VDOT and County right-of-way width requirement the greater dedication shall be required, unless modified by the Director of the Department of Community Development and no right-of-way less than fifty feet shall be allowed.
18. Road and other construction shall insure drainage water will not rise higher than eighteen inches below the shoulder of proposed or existing public roads.  At a minimum, culverts shall be designed to accommodate the following flood frequencies:
    
    Secondary and Subdivisions Streets:            10-year
    Primary and Parkways:                                25-year
19. It is desirable for all parallel utilities to be placed outside the street's right-of-way.  However, any parallel utility placement within the highway right-of-way must be placed on the outer three to five feet of the edge of the right-of-way.  Manholes shall not be located in the travel-way of the street.  Deviation from this condition requires prior approval by VDOT and will only be considered on a case-by-case basis.
20. Unpaved portions of street rights-of-way shall not be credited towards open space requirements.
21. Design and permitting within wetlands and floodplain shall accommodate the ultimate four lane road sections for Parkway and/or Major Collector crossings of the floodplain.  In areas of stream crossings and in environmentally sensitive areas along the four-lane road section of the Parkway, the applicant shall include these areas in the project Wetland Permit and mitigate accordingly and provide sufficient documentation of these actions to VDOT.
22. Final street name identifications shall be in conformance with the provisions of the Fauquier County Code.
23. The street connections from the surrounding development to the Commercial/Recreation area shall be similar to those connections shown on the Brookside Farms Illustrative Plan prepared by The Engineering Groupe, Inc., dated November 5, 2001 and received in the Department of Community Development November 5, 2001.
24. The applicant shall design and construct a minimum of two travel lanes and associated turn lanes for the Parkway.  However, on-site future commercial and/or recreation projects, if warranted, may require traffic impact analysis and additional transportation improvements directly related to these projects may be required as part of site plan approval. 
25. The applicant shall design and construct intersectional improvements to the Route 602 (Rogues Road) entrance to the development including turn lanes, as requested by VDOT and/or the County.
26. A minimum of 20% of the required open space shall be located outside of the floodplain, and a minimum of three (3) acres shall be so located and shall have dimensions and topography as to be open space usable for active recreation.
27. The applicant shall construct a perimeter asphalt trail, a maximum of ten feet wide as required by the Fauquier County Department of Parks and Recreation and dedicate it to the County, subject to the approved Proffer Statement and Parks and Recreation specifications.  That trail location shall generally follow the alignment as shown in the Concept Development Plan package regarding the public trail system (entitled “Recreational Trail Plan”; prepared by The Engineering Groupe; dated May 9, 2002).  That trail must be reflected in the construction plans and final plat.
28. The applicant agrees to and shall dedicate to Fauquier County a perimeter trail system to be constructed by the developer as shown on the Concept Development Plan sheet 6, dated May 9, 2002.  The developer and the Fauquier County Parks and Recreation Department shall determine the exact location of this future trail easement prior to approval of the final construction plans.
29. The applicant shall provide, where possible, a system of internal sidewalks and/or trails to connect the development to schools, parks and recreation facilities, open space areas and commercial facilities.
30. The final soil map shall have a Virginia Certified Professional Soil Scientist (CPSS) adjust the Type I Soil Map soil lines onto the final soils plan.  This shall be done in the field and checked for any additional soil information to be added to the final scale plat map.
31. A signature block shall be placed on this plat for the CPSS to sign which states:
    
    

40. Interpretive information from the Type I Soil Map for each mapping unit shown on the above plan shall be placed on the same soil map.  Also, a Spot Symbols Legend shall be placed on the plan map to identify spot symbols.
41. The following statements shall be placed on the same plan map:

1. "The County recommends that no below grade basements be constructed on soil mapping units 10A, 14A&B, 15A&B, 16B, 17B, 62A&B, 63A&B, 67B, 69A, 70A&B, 74A&B, 78A, 79A, 110A, 163B, 170A&B, 200, 300, 415B, 416B&C, 417B, 475C, 481B, and 482B due to wetness unless the foundation drainage system of the structure is designed by a Virginia Licensed Professional Engineer".
2. "The County recommends that before road or home construction begins in the soil mapping units 60B, 62A&B, 64B&C, 73B&C, 77B&C, 164B, and 264B a site specific evaluation be conducted so that shallow to bedrock area are identified.  These areas may require blasting if deep cuts or excavation is done".
3. "Structures placed on mapping units 63A&B, 67B, 69A, 70A&B, 78A, 79A, 110A, 475B&C, 481B, and 482B will require a geotechnical study and the foundation will have be designed by a Virginia Licensed Professional Engineer in accordance with the Uniform Statewide Building Code".

42. This plan shall be filed in the front office of Community Development and used exclusively for obtaining soils information for this proposed subdivision.
43. This plan shall be submitted to the Soil Scientist Office before final record plat approval.

44. All non-conventional sewage disposal systems shall have an operation, maintenance, and monitoring schedule established and approved by the Health Department and the County Soil Scientist prior to occupancy permit approval.  Lot owner shall at all times keep in force a maintenance and monitoring schedule and contract.
45. The applicant shall make provision for public water and sewer service to the development pursuant to Special Exception #01-S-16.
46. Water and sanitary main lines shall be located along lot lines and shall not impose on the buildable portion of a lot; and, be it

RESOLVED FURTHER, That the decision of the Planning Commission to deny the cul-de-sac length waiver associated with this preliminary plat be overturned, and that the requested length of those cul-de-sacs as indicated on the preliminary plat last dated January 30, 2002 and any cul-de-sacs created as a result of County action terminating a street shown as a through street on the Preliminary Plat that do not meet Subdivision Ordinance standards be, and is hereby, approved. 

c:brooksideAttachment 1-3^rd version