Board of Supervisors Meeting Date: 

Barbara and Frederick Eickhoff and Patricia and Leon Eggers, Owners

Richard Sanders (Lake Whippoorwill LLC), Applicant

June 17, 2002

Staff Lead:


Elizabeth A. Cook

Community Development




On 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 property line. 

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

The 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: 

Condition #4.  

a.       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 constructed.  The 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. 

All other conditions of approval for SE 97-S-05, dated June 3, 1997, shall remain in full force and effect. 

Planning 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 attached.  In addition, an alternative resolution is provided, which provides specificity on the construction requirements for the proposed emergency access road. 

Financial Impacts Analysis:

 There was no financial impact analysis required for this request.

Identify any other Departments, Organizations or Individuals that would be affected by this request:



1.      Resolution of Approval as Recommended by the Planning Commission

2.      Alternative Resolution of Approval