Attachment 2

PROPOSED DEVELOPMENT CONDITIONS

SE 01-S-14. (OPEN SPACE REDUCTION)

MAY 9, 2002

If it is the intent of the Fauquier County Board of Supervisors to approve SE 01-S-14 for an open space reduction, the staff recommends conformance with the following development conditions:

1.       This special exception is granted for and runs with the land indicated in this application and is not transferable to other land, except that parcels included in CPA 00-S-05 as set forth therein may be used to provide the open space for Brookside as set forth in #5 below.

2.       This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on the special exception plat dated May 9, 2002 as approved with this application, as qualified by these conditions.

3.       In ensuring that the open space approved with this application is provided, a density of no more than 1 dwelling unit per gross acre shall be permitted in all phases of the Brookside/Brookside Farm development, including previously approved phases of Brookside.

4.       Open space shall be provided in locations as generally depicted on the special exception plat approved with this application.

5.       The Adjacent Owners (as defined in Attachment C of the Brookside Farm PRD Revised Rezoning  Proffers, dated April 1, 2002) shall provide open space on subject properties in the R-1 zoning district as set forth in Article 2, Part 309 of the Fauquier County Zoning Ordinance, with the following provisions:

1. The minimum required open space for parcels zoned R-1 utilizing cluster provisions of the Ordinance shall be reduced from 50% to 30% of the gross land area in that zone.
2. For each phase of the R-1 zone, a tabulation of the total open space for that particular phase and a cumulative tabulation for all previous phases in the R-1 cluster zone shall be shown on the final record plat for each phase.  The resulting total open space in the R-1 zone at the completion of the entire project shall not be less than 30% of the gross land area in that zone.
3. The approximate 40-acre public school site and seven (7) acre library designated site shall be calculated as qualifying open space.  If not used for those specified uses, the areas shall remain in open space.

6.       The applicant agrees that as part of the justification for reducing the open space in Brookside, the residents of Brookside shall have full access to the open space areas and associated facilities (trails, parks, active recreation areas, etc.) of Brookside Farm PRD as an integrated community.

Attachment 3

PROPOSED DEVELOPMENT CONDITIONS

SE 01-S-15 (FLOODPLAIN CROSSINGS)

MAY 9, 2002

If it is the intent of the Fauquier County Board of Supervisors to approve of SE 01-S-15 for floodplain uses pursuant to Sect. 5-2300 of the Fauquier County Zoning Ordinance, the staff recommends conformance with the following development conditions:

1.       The special exception is granted for and runs with the land indicated in this application and is not transferable to other land, except that parcels included in CPA #00-S-05 as set forth therein may be used to provide a location for the floodplain uses, subject to the conditions set forth herein.

2.       This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on special exception plat dated May 9, 2002 as approved with the application, as qualified by these development conditions.

3.       There shall be no significant increase in flood levels or velocity of floodwaters offsite as a result of this floodplain crossing, as determined to the satisfaction of the County Engineer prior to construction plan approval for any phase of development that includes one of the crossings.

4.       Prior to construction plan approval for any phase of the development that includes a crossing, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA).  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain crossing.  Bonding will be required to cover the amount of the LOMR fee, the as-built plans and any other requirements as outlined in FEMA’s CLOMR. 

5.       The floodplain study submitted to FEMA for the parkway crossing shall be sized for a four-lane divided highway.  Both crossing shall be sized to include any planned recreational trail construction.

6.       The Final Plat for each phase of the subdivision including a floodplain crossing shall show the revised floodplain limits.  In no instance shall more than 25% of any individual residential lot be covered with floodplain.

7.       The floodplain crossing design shall be submitted to the County for approval as part of the final construction plans for any phase of the subdivision that requires such crossing, using acceptable engineering design.

8.       Any land disturbed within the floodplain shall be stabilized with either temporary or permanent seed in accordance with Virginia Erosion and Sediment Control Regulations.

9.       Prior to the issuance of any additional land disturbing permits for a phase of project that includes a floodplain crossing, the applicant shall submit written evidence indicating to the County Engineer that the US Army Corps of Engineers has approved any disturbance within wetland area.

10.   The exact location of the floodplain crossings shall be determined with the final construction plans for any phase of the subdivision that includes a floodplain crossing, and may be installed at a different location provided that the relocated crossings do not cause an increase in off-site floodplain elevations.

Attachment 4

PROPOSED DEVELOPMENT CONDITIONS

SE 01-S-16. (PUBLIC UTILITIES)

REVISED MAY 9, 2002

If it is the intent of the Fauquier County Board of Supervisors to approve SE 01-S-16 for public utilities uses pursuant to Sect. 5-2000 of the Fauquier County Zoning Ordinance, the staff recommends that the Board of Supervisors’ approval be subject to the following development conditions:

1. The special exception is granted for and runs with the land indicated in this application and is not transferable to other land, except that parcels included in CPA 00-S-05 as set forth in condition #4 below are included in this condition.  The exact location of facilities will be determined during final engineering for the project.
   
   
2. This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on special exception plat dated May 9, 2002 and approved with the application, as qualified by these development conditions.
   
   
3. This special exception is subject to the provisions of Article 12 of the Fauquier County Zoning Ordinance, Site Plans, as may be determined by the Fauquier County Department of Community Development.
   
   
4. Special Exception approval of the sewer pump stations is contingent upon approval of CPA #00-S-05.  Board of Supervisors denial of CPA #00-S-05 shall render void the sewer pump station component of this special exception request.
   
   
5. No public utility structure, excepting fences, shall be located closer than 50 feet to any adjacent property that is not a part of the Brookside / Brookside Farms development.
   
   
6. All public utility structures shall be adequately screened to minimize visual and sound impacts on adjacent properties.  A landscaping and screening plan shall be included as part of any site plan submitted to the County.  Any public utility structure shall be designed and constructed of building materials and architectural elements that are similar to the residential dwellings in the immediate area.
   
   
7. Access to any public utility site shall be controlled to prevent public access.
   
   
8. All lighting shall be back-shielded and downward directed so as not to impact any adjacent properties.
   
   
9. Land disturbing in association with utility work necessary for site preparation of the middle school site shall be permitted between the Vint Hill sewer plant and the school site in advance of site plan approval, provided that land disturbing permits are obtained and erosion and sediment plan is approved by the John Marshall Soil and Water Conservation District.
   
   
10. In the event that the Middle School or other site must be served by a sewer pump station, and said pump station is not operational at the time of any inflow, the Applicant may pump and haul at its expense, subject to applicable Health Department regulations and permits, until such time as the pump station becomes operational.  The County Administrator shall be authorized to sign the temporary pump and haul application on behalf of the County Board of Supervisors indicating the Board of Supervisors’ concurrence of temporary measure.
    
    
11. A public facilities plan for utilities and roads may be submitted to the County under the terms and conditions for which final construction plans and a final plat for various sections of the development are submitted.  This will allow for infrastructure for the Entire Project to be planned and constructed concurrent with the early phases of the residential platting of the project.