RESOLUTION

 

A RESOLUTION TO APPROVE SPECIAL EXCEPTION #SE02-S-21

LLEWELLYN J. EVANS, OWNER/APPLICANT,

PINS #6995-15-0169-000, #6995-15-0974-000 AND #6995-15-4081-000,

SCOTT MAGISTERIAL DISTRICT 

            WHEREAS, Llewellyn J. Evans, owner/applicant, is seeking special exception approval pursuant to Zoning Ordinance Category 23 Floodplain Uses, to allow fill in the floodplain in association with construction of a roadway embankment for a new street and an online Stormwater Management (SWM)/BMP facility; and

             WHEREAS, on July 25, 2002 and September 26, 2002, the Planning Commission held public hearings on this application and voted to forward the application to the Board of Supervisors with a recommendation of approval; and

WHEREAS, on October 21, 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 21st day of October 2002, That the special exception request of Llewellyn J. Evans, owner/applicant, to allow fill in the floodplain in association with construction of a roadway embankment for a new street and an online Stormwater Management (SWM)/BMP facility, be, and is hereby, approved, subject to the following conditions:

1.                  The special exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.                  This special exception is granted only for the purposes(s), structure(s) and/or use(s) indicated on the special exception plat and application, as may be further qualified by these development conditions.  With respect to the floodplain conditions, any final subdivision plat submitted pursuant to this special exception shall be in general conformance with the special exception plan prepared by Bowman Consulting entitled "Airlie Estates", dated August 2002 and received in the Planning Office August 29, 2002, and these conditions.

3.                  There shall be no increase in flood levels or velocity of floodwaters off-site as a result of the proposed floodplain crossing, as determined to the satisfaction of the County Engineer prior to final construction plan approval.

4.                  Prior to final construction plan approval, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA).  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain crossing.  An improvement bond will be required to cover the amount of the LOMR fee, as-built plans, and any other requirements as outlined in FEMA’s CLOMR.

5.                  The final plat for the subdivision shall show the revised floodplain limits.  In no instance shall more than 25% of the required minimum lot area for any individual residential lot be covered with the 100-year floodplain.

6.                  The design of all floodplain impacts shall be coordinated with, and approved by, the County Engineer prior to final construction plan approval.

7.                  Any land disturbance within the 100-year floodplain shall be stabilized and seeded in accordance with Virginia Erosion and Sediment Control Regulations.

8.                  If the development streets are required to be public, an additional review and approval shall be required by the Virginia Department of Transportation.

9.                  The applicant shall provide evidence to the County that any and all required DEQ permits have been obtained prior to approval of the final construction plans.