A Resolution to Approve JAMISON’S FARM SPEX06-SC-011, A Category 23 Special Exception FOR FILL IN THE FLOODPLAIN
WHEREAS, Richmond American Homes, LLC, owner and applicant, is seeking Category 23 Special Exception approval to allow for fill in the floodplain associated with improvements for the Jamison’s Farm subdivision; and
WHEREAS, on February 16, 2006 and May 25, 2006, the Fauquier County Planning Commission held public hearings on the proposed Special Exception; and
WHEREAS, on May 25, 2006, the Fauquier County Planning Commission recommended approval of the application, subject to conditions; and
WHEREAS, on June 8, 2006, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and
WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2300 and; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 8th day of June 2006, That SPEX06-SC-011 be, and is hereby, approved, subject to the following conditions:
1. This Special Exception is granted for, runs with the land indicated in this application, and is not transferable to other land.
2. This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat “Floodplain Study Jamison’s Farm, Special Exception Application” dated April 20, 2006 and received in the Planning Office on April 20, 2006, as approved with this application, as qualified by these development conditions.
3. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facilities or system that would increase flood heights and/or velocities, on adjacent properties.
4. Applicant shall submit evidence that applicable permits (DEQ, DCR VMRC, USACOE) have been acquired before any land disturbing activities associated with the Special Exception improvements commence.
5. If the flood elevations change, the appropriate information shall be submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and evidence for this submission will be given to the County prior to issuance of land disturbing permits for work associated with the construction of Baldwin Street improvements within the current FEMA 100-year floodplain.
6. A copy of the floodplain study, including all calculations, assumptions, etc. shall be submitted to the County. If the study shows a change from the previously revised LOMR (effective date February 20, 2003) a newly revised LOMR shall be required to be prepared by this applicant. This revision shall be submitted to FEMA within 6 months of notification that it is necessary.
7. Final design for Baldwin Street shall be submitted to the Army Corps of Engineers for a wetlands permit prior to issuance of land disturbing permits for any construction of Baldwin Street.
8. Evidence of the Army Corp of Engineers permit and the conditional letter of the FEMA map revision shall be submitted to Community Development prior to the issuance of land disturbing permits for the construction of Baldwin Street.
9. “As builts” of the Baldwin Street crossing of the floodplain shall be submitted to FEMA for final map revision after completion of this project.
10. The applicant shall post a bond for the construction of Baldwin Street Drive and repair, if needed, of the bridge in accordance with the requirements of VDOT prior to the issuance of any land disturbing permit for the construction of Baldwin Street.
11. No land disturbing permit for the construction of Baldwin Street shall be issued until evidence of all necessary permits has been furnished to Community Development and the land development bond documents have been approved.
12. If the road location in the floodplain changes materially, as determined by Community Development, from the location shown on the plat dated April 20, 2006, this Special Exception is no longer valid.
13. An initial set of construction plans for Baldwin Street shall be filed within one (1) year after the approval of this Special Exception. No time limit shall be imposed on this Special Exception, provided that such construction plans have been filed within one year of approval of this Special Exception.
14. Soils map unit 2A has a very low bearing capacity and may contain hydric soils inclusions. A wetlands determination shall be performed.
15. Soils map unit 200 is highly variable. A geotechnical evaluation shall be completed.
16. Fill from this project shall not preclude installation of the trail shown on the Phase 1A approved plans.
17. Roads shall be constructed in accordance with VDOT approval of the design subject to the April 11, 2006 project meeting regarding construction criteria and the applicant’s April 12, 2006 Memorandum of Meeting Summary.