A RESOLUTION TO APPROVE a Category 29 Special Exception

(SPEX08-LE-016) to Waive the Public Street Requirements: 

poland property – LEE DISTRICT

WHEREAS, Frank C. Poland & Clara C. Poland, owners and applicants, are seeking a Category 29 Special Exception to waive the public street requirements for a proposed two (2) lot subdivision (one new lot) in the Residential-1 (R-1) zoning district on PIN 6889-37-3301-000; and

WHEREAS, on May 29, 2008, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and recommended approval of the application, subject to conditions; and

WHEREAS, on July 10, 2008, 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 satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2900; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of July 2008, That SPEX08-LE-016 be, and is hereby, approved, subject to the following conditions:

1.      The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.      This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat titled “Category 29 Special Exception Preliminary Plan/Final Construction Plan – Poland Property” dated March 28, 2008, approved with the application, as qualified by these development conditions.

3.      This Special Exception allows new ingress/egress to the private streets known as Wotton Road and Pinewood Lane for one new lot.

4.      Lot 1 shall be deed restricted from all but one future subdivision right.

5.      Lot 2 shall be deed restricted from future subdivision.

6.      All culverts shall be required to pass the 10 year storm and velocities will have to be non erosive for the 2 year storm.

7.      The applicants shall design the entrance to the street in accordance with VDOT private Subdivision/Street Entrance standards, and shall meet minimum sight distance requirements.

8.      A road maintenance agreement for Wotton Road and Pinewood Lane shall be submitted with the Final Plat for review by the Chief of Planning and the County Attorney; upon approval it shall be recorded.

9.      The use shall comply with all appropriate local, state and federal permits and regulations.

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