resolution

A Resolution to reverse the decision of the Planning Commission to deny  THE PADDOCKS AT KASTLE GREENS  Preliminary Plat (PPLT07-CR-009)  AND waivers (wvrp07-CR-017 and WVRP07-CR-020) Pursuant to Zoning Ordinance Section 2‑406(6), CEDAR RUN DISTRICT

WHEREAS, The Paddocks at Kastle Greens, Inc., applicant for The Paddocks at Kastle Greens Preliminary Plat, has proposed to divide one parcel of approximately 212.5 acres into ten (10) single-family residential lots, including a non-common open space lot of 189.93 acres; and

WHEREAS, The Paddocks at Kastle Greens, Inc., has shown 189.93 acres as non-common open space as part of the subdivision; and

            WHEREAS, Section 4-27 of the Fauquier County Subdivision Ordinance states that due to unusual size, topography, or shape or other unusual condition of a property not resulting from the developers deliberate act, a strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the developer; and

WHEREAS, Section 4-27 allows the Planning Commission to vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; and

WHEREAS, Section 4-11 of the Fauquier County Subdivision Ordinance states that no subdivision shall be approved where individual water and/or septic tank systems are to be used until written approval has been secured from the Health Director, and where required by the provisions of the Zoning Ordinance, a Special Exception has been obtained permitting development of the parcel on individual septic tank systems and/or individual wells; and

WHEREAS, Section 9-13 of the Fauquier County Subdivision Ordinance states that no development will be approved unless the developer and/or the County can provide an adequate solution to remedy the problem in accordance with the requirements set forth within this section of the Ordinance; and

WHEREAS, Section 5-8 of the Fauquier County Subdivision Ordinance requires cul-de-sacs not to exceed 700 feet in length, exclusive of the turnaround; and

WHEREAS, Section 5-2000 of the Fauquier County Zoning Ordinance does not allow discharge systems for new construction; and

WHEREAS, Section 9-5 of the Fauquier County Subdivision Ordinance (C) requires an approved Preliminary Soils Report as part of the Preliminary Plat application; and

WHEREAS, Section 9-6 of the Fauquier County Subdivision Ordinance requires approval from the Virginia Department of Transportation prior to Planning Commission approval; and

 WHEREAS, on May 31, 2007, the Planning Commission unanimously denied the Preliminary Plat, cul-de-sac length waiver, and waiver of the requirement for Health Department approval with stated reasons in its resolution motion; and

            WHEREAS, pursuant to Zoning Ordinance Section 2-406(6) the applicant has the right to appeal the Planning Commissionís denial of the Preliminary Plat for a cluster subdivision; and       

            WHEREAS, the Fauquier County Board of Supervisors has evaluated and considered all evidence presented; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 12th day of July 2007, that the Board does hereby approve the Paddocks at Kastle Greens waiver requests (WVRP07-CR-017 and WVRP07-CR-020) and reverses the decision of the Planning Commission to deny The Paddocks at Kastle Greens Preliminary Plat (PPLT07-CR-009) and remands it back to the Planning Commission for further consideration.

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