PINS #6984-85-3809-000, #6984-96-1407-000, AND #6984-98-0388-000


            WHEREAS, Leland Road Investments, LLC, Owner, and Pulte Homes, Applicant, are seeking special exception approval, pursuant to Zoning Ordinance Category 23, Floodplain Uses, to allow fill in the floodplain of Cedar Run; and

             WHEREAS, on July 25, 2002 and August, 29, 2002, the Planning Commission held public hearings on this application, and on September 26, 2002 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 Leland Road Investments, LLC, Owner, and Pulte Homes, Applicant, to allow fill in the floodplain, 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 with these conditions for disturbance of the floodplain associated with the construction of pedestrian trails and bridges, stormwater management facilities, utility construction, and limited fill associated with development of a maximum of six (6) lots described below.

3.                  Development of the following six (6) lots:  #122, 123, 125, 126, 129, and 130, shall allow an encroachment into the Cedar Run floodplain up to a maximum horizontal distance of twenty (20) feet with slopes tying to the floodplain not to exceed three (3) feet horizontal to one (1)-foot vertical, exclusive of any required terracing.  This condition applies only to grading within the floodplain associated with the development of these six (6) lots.  No structures shall be established within the FEMA floodplain limits related to the development of these lots.  Prior to issuance of building permits for the referenced six (6) lots, an overlot grading plan filed with the for approval to demonstrate that the proposed encroachment is necessary in order to accommodate the building footprint of the proposed dwelling.

4.                  There shall be no increase in flood levels or velocity of floodwaters off-site as a result of the proposed disturbances in the floodplain areas, as determined to the satisfaction of the County Engineer prior to final plat approval.

5.                  Prior to final construction plan approval, the Applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA), if necessitated by the proposed disturbances to the floodplain area.  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain disturbance.  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.

6.                  The final plat for each phase of 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.

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

8.                  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.