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
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
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
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:
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
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.
14-foot wide grass pavement application (i.e., grasscrete, geoweb, or
similar product) as the travel way for the access road.
siren-activated gate similar to SOS Gate with a manual override that
allows use of a standardized key. Emergency Services must approve the
right-of-way must be kept clear at all times.
No vehicles, basketball hoops, sheds, landscaping, or other
impediments will be allowed.
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.
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
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.