RESOLUTION

A RESOLUTION TO DENY SPEX09-CR-013, SPEX09-CR-014, SPEX09-CR-015, SPPT09-CR-030  & CCRV09-CR-003 – A Category 5 Special Exception to Allow for an Outdoor Technical Training Facility, a Category 11 Special Exception to Allow for a Public Safety Facility (Both Emergency Services and Sheriff’s Office Facilities), and a Category 20 Special Exception to Allow for an Aboveground Water Storage Facility;  An Amendment to an Approved Special Permit to Reconfigure an Existing Range Area, Add a Range Area, and Add Limited Storage of Firearms and Ammunition; and a Comprehensive Plan Conformance Determination in Accord with Code of Virginia, Section 15.2-2232 as to Whether the Location of These Facilities on this Property is Substantially in Accord with the Comprehensive Plan

WHEREAS, Range 82, LLC (Applicant) is seeking Special Exception approvals for an outdoor technical training facility, a public safety facility, and an aboveground water storage facility; and a Special Permit amendment to reconfigure and add ranges, storage of firearms and ammunition and a Comprehensive Plan Conformance Determination; and

            WHEREAS, five discrete applications are proposed:

1.      SPEX09-CR-013 – Category 5 Special Exception to allow for an outdoor technical training facility.

2.      SPEX09-CR-014 – Category 11 Special Exception to allow for a public safety facility.

3.      SPEX09-CR-015 – Category 20 Special Exception to allow for an aboveground water storage facility.

4.      SPPT09-CR-030 – An amendment to an approved special permit to reconfigure an existing range area, add a range area, and add limited storage of firearms and ammunition.

5.      CCRV09-CR-003 – A Comprehensive Plan Compliance Determination in accord with the Code of Virginia, Section 15.2-2232 as to whether the location of these facilities on this property is substantially in accord with the Comprehensive Plan; and

WHEREAS, on April 30, 2009 the Fauquier County Planning Commission held a public hearing on the proposed applications and voted unanimously to recommend denial of the applications; and

WHEREAS, on June 11, 2009 and July 9, 2009 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 is not substantially in compliance with the County’s Comprehensive Plan in accord with the Code of Virginia, Section 15.2-2232; and

WHEREAS, the Board of Supervisors has determined that the applications do not satisfy the standards of Zoning Ordinance Articles 5-006, 5-501, 5-502, 5-505, 5-1101, 5-1102, 5-1105, 5-2001; and

WHEREAS, the Fauquier County Board of Supervisors finds in the matter of the Special Exception applications SPEX090-CR-013, SPEX09-CR-014, SPEX09-CR-015, and Amendment to an Approved Special Permit application SPPT09-CR-030, and Comprehensive Plan Conformance Determination application CCRV09-CR-003:

1.     That the provisions of the Zoning Ordinance for a Special Exception are not met in these applications, the Board of Supervisors finding that said applications will negatively impact the public health, safety, and welfare of residents of Fauquier County.

2.     The proposed use will hinder and discourage the appropriate development and use of adjacent land and buildings and impair the value of adjacent land and buildings in violation of Section 5-006 of the Zoning Ordinance.

3.     That the proposed use will be incompatible with existing or planned development in the general area, as set forth in Section 5-006 of said Zoning Ordinance, and will be incompatible with the Comprehensive Plan.

4.     That the proposed use fails to comply with and is not in conformity with all the applicable standards of Article 5 of said Zoning Ordinance and all other applicable requirements of said Zoning Ordinance.

5.     That the proposal does not conform to Chapter 9 of the Comprehensive Plan as it relates to location of the public facility; now, therefore, be it

            RESOLVED by the Board of Supervisors of Fauquier County, Virginia this 9th day of July 2009, that SPEX09-CR-013, SPEX09-CR-014, SPEX09-CR-015, SPPT09-CR-030, and CCRV09-CR-003 be, and are hereby, denied.

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