Resolution to Approve the paddocks at kastle greens special exceptions: SPEX07-cr-004, A Category 23 Special Exception

WHEREAS, The Paddocks at Kastle Greens, Inc., owner and applicant, requests Special Exception approval to allow for fill in the FEMA 100-year floodplain for a proposed 11-lot residential subdivision on PIN 7808-44-6128-000; and

WHEREAS, the Category 23 Special Exception is requested for fill in the floodplain is for a floodplain crossing to serve as the proposed subdivision ingress/egress and for stormwater Best Management Practice/BMP facilities proposed within the FEMA 100-year floodplain; and

WHEREAS, on April 26, 2007 and May 31, 2007, the Fauquier County Planning Commission held public hearings on the proposed Special Exceptions; and

             WHEREAS, on June 14, 2007, 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 5-2300; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 12th day of July, 2007 That SPEX07-CR-004 is hereby, approved, subject to the following conditions:

SPEX07-CR-004: Category 23: Fill or Crossing of FEMA 100-Year Floodplain

1.            This Special Exception is granted for and runs with the land indicated in this application as PIN 7808-44-6128-000, 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 “Paddocks at Kastle Greens Preliminary and Special Exception Plat” dated April 10, 2007 and received in the Planning Office on April 11, 2007, as approved with this application, as qualified by these development conditions.

3.            Under no circumstances shall any use, activity, fill, and/or development within the floodplain adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system that would increase flood heights and/or velocities on adjacent or downstream properties.

4.            The crossing shall be designed to accommodate all Federal, State, and Local requirements and shall incorporate river-training and counter-sinking techniques.

5.            Applicant shall submit evidence that applicable permits (DEQ, DCR VMRC, USACOE) have been acquired before any land disturbing activities, for any work in waters of the US an/or the state, associated with the Special Exception improvements commence.

6.            A detailed hydrologic and hydraulic flood analysis is to be provided for the Bowens Run flood corridor using Natural Resources Conservation Service methodology.

7.            A copy of the floodplain study, including all calculations, assumptions, etc. shall be submitted to the County.  This revision shall be submitted to FEMA within six (6) months of notification that it is necessary.

8.            If the flood elevations change, a detailed flood study must be prepared to County specifications and submitted to FEMA for a Conditional Letter of Map Revision (CLOMR)/LOMR processing and evidence for this submission will be given to the County prior to issuance of land disturbing permits for work associated within the current FEMA 100-year floodplain.  These items must be completed or bonded with Fauquier County until complete.

9.            The CLOMR must be approved through FEMA prior to the approval of the Final Construction Plans.

10.     The crossing is to pass no less than the 10-year storm flow.

11.     The road should be built above the 10-year water surface elevation.

12.        In all cases, proposed crossings of the FEMA floodplain shall be aligned and designed to traverse floodplains and the natural stream in locations where disturbance to the floodplain is minimized.  (i.e. – in areas where floodplain top widths are the smallest and where the natural stream can be crossed perpendicularly without requiring natural stream channel relocation unless otherwise directed by the County Engineer.)

13.        If the road location in the floodplain changes materially, as determined by Community Development, from the location shown on the plat dated April 10, 2007, this Special Exception is no longer valid.

14.        Should multiple structures be required to accommodate the projected discharges, the primary cell of the crossing shall be sized to conform to the natural stream characteristics (as defined by stream width, existing bed & banks, invert elevations, etc.)  These characteristics must be field surveyed and be included with final plan submittal.  The primary cell shall be located in the actual location of the incised streambed.  Additional cells of the crossing must be designed to only be activated at such time as the overbank region would normally be activated with higher volumes of stormwater runoff (as determined by the County Engineer).  Invert elevations of the additional cells shall be established no lower than the natural overbank elevation where they will be placed.  Should the cells be constructed as a single structure, the crown elevation of all cells must be designed to match each other.  Depending on the individual site conditions, the additional cells may be constructed separately from the primary cells but must meet Fauquier County and VDOT requirements at the time of final design review.



A Copy Teste


Paul S. McCulla

Clerk to the Board of Supervisors


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