A Resolution to DENY The Paddocks at Kastle Greens:

A Category 23 Special Exception (SPEX07-CR-004) and A Category 20 Special Exception (SPEX07-CR-010)

WHEREAS, The Paddocks at Kastle Greens, Inc., owner and applicant, requests Special Exception approval to allow for fill in the FEMA 100-year floodplain and for the construction of individual wastewater treatment systems for each lot within 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, the Category 20 Special Exception is requested for construction of individual wastewater treatment systems to serve each lot to handle the household wastewater from the proposed 11-lot development; and

WHEREAS, the system proposed consists of an effluent treatment phase with the finished product is discharged into an evapotranspiration bed; 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 May 31, 2007, the Fauquier County Planning Commission recommended denial of the application for the following reasons:

1.     That the provisions of the Zoning Ordinance for a Special Exception are not met in these applications, the Planning Commission finding that said applications will negatively impact the public health, safety and welfare of residents of Fauquier County, and that conditions suggested by the applicant do not sufficiently mitigate the negative impact of the proposed use;

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 general area and 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 proposed clustered subdivision has lots that extend into the floodplain and does not meet the standards set forth in Section 2-406 of said Zoning Ordinance to demonstrate that the particular floodplain, reason of its size and shape, has no particular open space value;

6.     That the applicant has not provided, as indicated to the Commission, notification language to be placed upon the final record plat and in deeds to the property placing prospective purchasers on notice of the existence of the Flying Circus in the vicinity of the proposed development; 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 concurred with the Planning Commission to deny the Special Exception requests and it has determined that the proposals are not in conformance with the Fauquier County Zoning Ordinance, Sections 5-000, 5-2000 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 and SPEX07-CR-010 be, and are hereby, denied.

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