RESOLUTION

A RESOLUTION APPROVING SE03-S-30: A CATEGORY 23 SPECIAL EXCEPTION TO ALLOW THE CROSSING OF A FLOODPLAIN TO PROVIDE SITE ACCESS FOR COMMERCIAL DEVELOPMENT, SHENANDOAH DEVELOPMENT, LLC, APPLICANT

            WHEREAS, the properties identified by PINs, 7906-83-2379-000, 7906-82-0818-000, 7906-82-6836-000, 7906-83-8247-000, and 7906-93-1223-000, adjacent to Route 29/15 in the New Baltimore Service District, are planned and zoned for Commercial Highway (C-2) development; and

WHEREAS, access to this property from Route 29/15 requires a minor crossing of a floodplain; and

WHEREAS, Section 5-2300 of the Zoning Ordinance allows such floodplain crossings by Special Exception; and

WHEREAS, the Applicant has requested a Special Exception pursuant to Section 5-2300 of the Zoning Ordinance; and

WHEREAS, the Fauquier County Planning Commission has conducted a public hearing on SE03-S-30 and has forwarded a recommendation of approval to the Fauquier County Board of Supervisors; and

WHEREAS, on August 18, 2003 , the Board of Supervisors conducted a public hearing; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 18th day of August 2003, That SE03-S-30 be, and is hereby, approved subject to the following conditions: 

  1. The applicant shall be required to obtain a Conditional Letter of Map Revision (CLOMR) from FEMA for the culvert installation prior to final construction/site plan approval. 
  2. The applicant shall also be required to process a LOMR upon completion of the culvert installation.
  3. The proposed stream relocation may require permits from DEQ, DCR, VMRC and the U.S. Army Corps of Engineers. Evidence of applicable permits will be required prior to final construction/site plan approval.
  4. Under no circumstances shall any use, activity, and /or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system which would increase flood heights and/or velocities, on adjacent properties.
  5. Wetlands delineation shall be verified by U.S. Corps of Engineers prior to final construction/site plan approval.
  6. The Applicant shall obtain VDOT approval of entrance locations, line of sight, and separation distances prior to final construction/site plan approval.
  7. This Special Exception only reflects an authorization to cross a floodplain at the location identified on the Special Exception Plat. Approval of the Special Exception does not infer approval of any other development proposals, explicit or implied, that may be shown on the Special Exception Plat.