HEARING AGENDA REQUEST
of Supervisors Meeting Date:
Barbara and Frederick Eickhoff and
Patricia and Leon Eggers, Owners
Sanders (Lake Whippoorwill LLC), Applicant
June 17, 2002
EXCEPTION AMENDMENT #SEA02-S-01, AMEND CONDITIONS OF A PREVIOUSLY
APPROVED SPECIAL EXCEPTION TO REMOVE THE REQUIREMENT FOR THE
CONSTRUCTION OF AN INTERPARCEL CONNECTION
June 3, 1997, the Board of Supervisors approved Special Exception
#97-C-05 for the Lake Whippoorwill major residential subdivision
of 71 lots on approximately 117 acres.
Condition #4 of that special exception approval states:
"The applicant shall construct an interparcel
connector fifty (50') feet wide along the parcel's northern border
with the Jamison property…"
This connection was platted between lots 69 and 70 of the
subdivision, at the terminus of Red Oak Court.
The final subdivision plat for Phase II, Section 3 of Lake
Whippoorwill was recorded with a dedication of right-of-way that
included the 50-foot (50') "stub" from the temporary
cul-de-sac at the terminus of Red Oak Court to the Jamison
Now the applicant and the owners of lots 69 and 70
are seeking a special exception amendment to remove an approved
1997 condition of approval requiring the construction of an
interparcel connection from the Lake Whippoorwill subdivision to
the adjoining Jamison property.
The Lake Whippoorwill subdivision is nearing completion.
Since the adjacent Jamison property is currently being
planned for residential development, the new homeowners in Lake
Whippoorwill have requested that the Lake Whippoorwill developer
have the construction condition removed and the dedicated public
right-of-way be vacated.
Planning Commission Review
Planning Commission held a public hearing on this application
November 29, 2001. Subsequent
to the public hearing, the Planning Commission also conducted a
site visit and held work sessions for this proposed amendment.
At its April 25, 2002 meeting, the Commission voted
unanimously to forward the application to the Board of Supervisors
with the following amendment to Condition #4:
The previously dedicated 50-foot right-of-way from the
terminus of Red Oak Court to the Jamison property line shall be
retained. Within this right-of-way, the applicant shall construct a
controlled emergency access with a minimum pavement width of 14
feet, in substantial accordance with the applicant’s engineered
drawing dated April 17, 2002, with final engineering
specifications as determined by the County Engineer.
The applicant shall also install a gate or other control
feature acceptable to the Office of Emergency Services that may be
accessed by authorized personnel as needed. The applicant shall
provide confirmation that the existing bond is adequate to
construct the improvement and amend the current developer’s
agreement to incorporate the improvement, and post additional
bonding if required within thirty (30) days of the Board of
Supervisor’s approval date.
Such construction shall be completed within one year of the
approval date of this special exception amendment.
b. For any portion of
the construction that cannot be completed to the Jamison property
line without off-site easements, the applicant shall establish an
Escrow account of no less than $8,000 in the name of the County of
Fauquier. These funds
will be used to complete the construction work to the Jamison
property line at such time as the Jamison side improvement is
terms and conditions of the escrow agreement shall be decided in
consultation with and at the agreement of the Director of
Community Development and the County Attorney.
c. The applicant shall
install, and the Lake Whippoorwill Homeowner’s Association shall
maintain, a sign erected at the common property line with the
Jamison tract that notes the existence of a 50-foot public
right-of-way that may be improved to a full street connection at
some point in the future.
other conditions of approval for SE 97-S-05, dated June 3, 1997,
shall remain in full force and effect.
Commission staff reports from the various meeting are available
for review upon request.
Requested Action of the Board of Supervisors:
Hold a public hearing and take action. A resolution
for approval, as recommended by the Planning Commission, is
addition, an alternative resolution is provided, which provides
specificity on the construction requirements for the proposed
emergency access road.
Financial Impacts Analysis:
was no financial impact analysis required for this request.
Identify any other Departments, Organizations or Individuals that
would be affected by this request:
Resolution of Approval
as Recommended by the Planning Commission