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 has 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 pavement width of 14 feet, in
substantial accordance with the applicant’s engineered drawing dated
April 17, 2002, 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
applicant shall provide confirmation that the existing bond is adequate to
construct the improvement and amend the current developer’s agreement to
incorporate the improvement, and post additional bonding if required
within 30 days of the Board of Supervisors approval date.
Such construction shall be completed within one year of the
approval date of this special exception amendment.
For any portion of the construction that cannot be completed to the
Jamison property line without off-site easements, the applicant shall
establish an escrow account of no less than $8,000 in the name of the
County of Fauquier. These
funds will be used to complete the construction work to the Jamison
property line at such time as the Jamison side improvement is constructed.
The terms and conditions of the escrow agreement shall be decided
in consultation with and at the agreement of the Director of Community
Development and the County Attorney.
The applicant shall install, and the Lake Whippoorwill
Homeowner’s Association shall maintain, a sign erected at the common
property line with the Jamison tract that notes the existence of a 50-foot
public right-of-way that may be improved to a full street connection at
some point in the future.
other conditions of approval for SE 97-S-05, dated June 3, 1997, shall
remain in full force and effect.