RESOLUTION

A RESOLUTION TO APPROVE SPECIAL EXCEPTION AMENDMENT #SEA02-S-01, BARBARA AND FREDERICK EICKHOFF AND PATRICIA AND LEON EGGERS, OWNERS, AND RICHARD SANDERS (LAKE WHIPPOORWILL LLC), APPLICANT

            WHEREAS, Barbara and Frederick Eickhoff and Patricia and Leon Eggers, owners and Richard Sanders (Lake Whippoorwill LLC), applicant, 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; and

             WHEREAS, the Planning Commission held a public hearing on this application on November 29, 2001, and has forwarded the application to the Board of Supervisors; and

WHEREAS, the Board of Supervisors has considered the written and orally presented information of the applicants and conducted a public hearing for this application on June 17, 2002; and

WHEREAS, the Board of Supervisors has determined that the applications are in substantial conformance with the Comprehensive Plan and the applicable provisions of the Zoning Ordinance; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 17th day of June 2002, That the application of Barbara and Frederick Eickhoff and Patricia and Leon Eggers, owners and Richard Sanders (Lake Whippoorwill LLC), applicant, be, and is hereby, approved, subject to the following revision to Special Exception Condition Number 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 Supervisors approval date.  Such construction shall be completed within one year of the approval date of this special exception amendment.  Specific requirements include:

1.      Construct an earthen roadbed for a 36-foot road section including provisions for 7-foot gravel shoulders.  The slopes shall not exceed 2:1.  The applicant will be responsible for acquiring any offsite grading easements. 

2.      Install a 14-foot wide grass pavement application (i.e., grasscrete, geoweb, or similar product) as the travel way for the access road.

3.      Install a siren-activated gate similar to SOS Gate with a manual override that allows use of a standardized key. Emergency Services must approve the selection.

4.      The 50-foot right-of-way must be kept clear at all times.  No vehicles, basketball hoops, sheds, landscaping, or other impediments will be allowed.

5.      The Lake Whippoorwill Homeowners Association will be required to maintain this as an access way.  This includes snow removal, gate maintenance, grass cutting, grass reinstallation as necessary, slope maintenance, tree and brush removal.

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.