RESOLUTION TO APPROVE SPECIAL EXCEPTION AMENDMENT #SEA02-S-01, BARBARA AND
FREDERICK EICKHOFF AND PATRICIA AND LEON EGGERS, OWNERS, AND RICHARD
SANDERS (LAKE WHIPPOORWILL LLC), APPLICANT
Barbara and Frederick Eickhoff and Patricia and Leon Eggers, owners and
Richard Sanders (Lake Whippoorwill LLC), applicant, are seeking a special
exception amendment to remove an approved 1997 condition of approval
requiring the construction of an interparcel connection from the Lake
Whippoorwill subdivision to the adjoining Jamison property; and
WHEREAS, the Planning Commission held a public hearing on this
application on November 29, 2001 and has forwarded the application to the
Board of Supervisors; and
WHEREAS, on June 17, 2002, the Board of Supervisors considered the written and orally presented information of the applicants and conducted a public hearing for this application; and
WHEREAS, the Board of Supervisors has determined that the application is in substantial conformance with the Comprehensive Plan and the applicable provisions of the Zoning Ordinance; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 15th
day of July 2002, That the application of Barbara and Frederick Eickhoff
and Patricia and Leon Eggers, owners, and Richard Sanders (Lake
Whippoorwill LLC), applicant, be, and is hereby, approved, subject to the
following revision to Special Exception Condition Number 4:
The previously dedicated 50-foot right-of-way from the terminus of
Red Oak Court to the Jamison property line shall be retained.
Within this right-of-way, the applicant shall construct a
controlled emergency access with a minimum "grasscrete, geoweb, or
similar product" pavement width of 14 feet, in substantial accordance
with Option 2, as shown on the attached plat, with final engineering
specifications as determined by the County Engineer.
The applicant shall also install a gate or other control feature
acceptable to the Office of Emergency Services that may be accessed by
authorized personnel as needed. The
gate shall be located as close to the property line between the Lake
Whippoorwill properties and the adjoining Jamison property as is feasible.
The applicant shall provide confirmation that the existing bond is
adequate to construct the improvement and amend the current developerís
agreement to incorporate the improvement, and post additional bonding if
required within 30 days of the Board of Supervisors approval date of the
final design by the County. Such construction shall be completed within one year of the
approval date of this special exception amendment.
Embankment side slopes shall not exceed two (2') feet horizontal to
one (1') foot vertical. Embankment
fill shall be placed and compacted as controlled road fill.
In installing the emergency access road, the applicant shall work
with the adjacent landowners to preserve as many tulip trees and other
naturally occurring features as may be reasonably preserved.
Install a 14-foot wide grass pavement application (i.e., grasscrete,
geoweb, or similar product) as the travel way for the access road.
The 50-foot right-of-way must be kept clear at all times. No vehicles, basketball hoops, sheds, landscaping, or other
impediments will be allowed.
The Lake Whippoorwill Homeowner's Association will be
required to maintain this as an access way.
This includes snow removal, gate maintenance, grass cutting, grass
reinstallation as necessary, slope maintenance, tree and brush removal.
All other conditions of approval for SE 97-S-05, dated June 3, 1997, shall remain in full force and effect; and, be it
RESOLVED FURTHER that the Board of Supervisors states its intent that the emergency access road not be considered for upgrade until such time as the access road to Route 29 for the Jamison subdivision is closed by the Virginia Department of Transportation.