WHEREAS, AGT, LLC, Owner, and Three Flags Associates, Applicant, is seeking Special Exception approval to amend a previously approved Category 1 (Major Residential Development) Special Exception to create an additional .98-acre lot for a proposed pre-school/daycare facility; amend a previously approved Category 23 Special Exception to allow for fill in the FEMA 100-year floodplain; and request a Category 5 Special Permit to allow for the proposed daycare use on PIN #6889-50-5884-000; and

WHEREAS, on September 26, 2007, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and

            WHEREAS, on November 8, 2007, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 3-305.1, 5-006, 5-501, and 5-503; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 8th day of November 2007, That Special Exception Amendment: SEAM07-LE-004; Special Permit: SPPT07-LE-015; and Special Exception Amendment SEAM07-LE-007 be, and are hereby, approved, subject to the following conditions:

1.                  This Special Exception and Special Permit are granted for and run with the land, identified as PIN #6889-50-5884-000, as indicated in this application and are not transferable to other land.

2.                  This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat approved with this application, as qualified by these development conditions.

3.                  The Special Permit is granted only for the purpose and use indicated in the Statement of Justification (pre-school/daycare facility) and on the Special Exception Plat approved with this application, as qualified by these development conditions.

4.                  A Site Plan shall be required.

5.                  The Special Exception shall remove the proposed .98 acre area from the open space in the original subdivision, as shown on the Special Exception plat titled “Edgewood East – Sections C, D& E, Amendments to Special Exceptions #24993 & #2271 and Special Permit for Proposed Daycare Center”, as revised July 2007.

6.                  A land division to create the area as a separate lot must be approved prior to any final approval of the use.

7.                  Prior to issuance of building permit, the applicant shall repair and improve the common areas, trails and tot lots within Edgewood East Sections C, D & E and submit evidence to the Zoning Administrator that this has been accomplished.  The aforementioned areas shall be maintained on a semi-annual basis until they are formally turned over to the Homeowners Association.  Maintenance and repair shall include, but is not limited to, vegetation control, mowing, repair of inadequate trails, vegetation removal, debris/stockpiled materials removal, and routine maintenance at tot lots.

8.                  Prior to boundary line adjustment to create the requested lot, the applicant shall provide a written communication to notify homeowners of the schedule and process for the Edgewood East Homeowners Association (HOA) turnover (from the developer to the residents) for Sections C, D & E and schedule a meeting with the residents to discuss that issue.  The applicant shall provide a copy of the letter with a list of the recipients (residents) to whom it was sent to the Zoning Administrator.  (The actual; timing of the establishment of the HOA and the conveyance of the open space to the HOA will be upon recordation of the Boundary Line Adjustment to create the proposed site.)

9.                  The applicant shall provided sufficient material to demonstrate that it meets the Category 23 Special Exception standards for fill in the floodplain meets the standards set for the in the Zoning Ordinance. 

10.              Ingress/egress to the site shall only be via Whipkey Drive; there shall be no site access to Route 28.

11.              The area adjacent to Route 28 and Whipkey Drive shall be constructed of earthen berms and landscaped to provide for safety and screen the facility.  This structure shall be adequately maintained and damaged, dead, or diseased landscaping shall be replaced.

12.              The daycare facility shall not exceed seventy-five (75) children.

13.              The day care center shall be limited to no more than nine (9) employees.

14.              Hours of operation shall be:  Monday – Friday from 6:00 a.m. to 9:00 p.m. 

15.              No more than twenty-five (25) children shall be allowed to occupy the fenced recreation area, as shown on the aforementioned Special Exception plat, at any time.

16.              The daycare shall have an emergency policy that includes emergency forms to be signed by parents and/or legal guardians that provide details regarding emergency care.  Prior to Final Site Plan approval, a copy of this document shall be submitted to the Zoning Administrator and the Emergency Services Department.

17.              The daycare shall have a written emergency plan in case of accident, fire, snow, or other unforeseen occurrence. This includes an emergency call plan, posted evacuation maps, written procedures, and practice drills as mandated by state and county codes.  A copy of this document shall be approved by the Emergency Services Department and submitted to the County for the project file.

18.              No prepared meals shall be made on site.  Kitchen facilities shall be limited to snack and beverage storage and preparation.  Students shall bring packed lunches.

19.              The entrance shall meet minimum sight distance and entrance requirements in accordance with the VDOT Minimum Standard of Entrances to State Highways.  If the landscaping in the median interferes with sight distance, it may need to be removed.

20.              The use shall meet all Zoning Ordinance, code requirements and other local, state and federal approvals or it cannot be built.

21.              Under no circumstances shall any use, activity, fill, and/or development within the floodplain adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system that would increase flood heights and/or velocities on adjacent or downstream properties.

22.              The applicant shall provide provisions to protect water quality, address drainage, and protect adjoining properties.  These shall be submitted with the Site Plan for approval by the County Engineer.

23.              No sidewalks or walkways shall be located within the floodplain unless they are pervious.  Prior to approval of the site plan, calculations shall be provided to demonstrate compliance with Section 4-407.3 of the Zoning Ordinance.

24.              Any floodplain area located on the newly created lot shall remain as open space.  An easement shall be provided on the Boundary Line Adjustment plat that restricts any future development within this easement area.

25.              Applicant shall be responsible for all fees associated with setting up and turning over the HOA to the residents such as but not limited to mailings; HOA documents; and legal fees associated with establishment and transfer of HOA to residents.

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