RESOLUTION

a resolution to approve sEAM08-CR-001:  dominion transmission, inc. compressor station special exception amendment

whereas, Dominion Transmission, Inc., Owner, is seeking to amend a previously approved Category 20 Special Exception; and

WHEREAS, on March 15, 2004, the Fauquier County Board of Supervisors approved a Category 20 Special Exception and Comprehensive Plan Conformance Determination in accordance with the Code of Virginia, Section 15.2-2232 to allow for the construction of a Gas Compressor Station; and

WHEREAS, to meet demand, the applicant is now seeking expansions on two existing buildings to allow for an additional turbine and auxiliary storage; and

            WHEREAS, on September 27, 2007, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and

            WHEREAS, on September 27, 2007, the Fauquier County Planning Commission recommended approval of the application, subject to conditions included below; and

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

            WHEREAS, on November 8, 2007, the Fauquier County Board of Supervisors concurred with the Planning Commission and determined that the application satisfies the standards of Zoning Ordinance Articles 5-006, 5-2001 and 5-2002; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 8th day of November 2007, That SPEX08-CR-001 be, and is hereby, approved, subject to the following conditions:

  1. This Amended Special Exception (SPEX08-CR-001) is granted for and runs with the land indicated in this application and is not transferable to other land.
  2. This Amended Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Amended Special Exception Plat titled “Amended Special Exception Plat” prepared by Dewberry & Davis, LLC, dated September 26, 2003 and revised August 16, 2007 approved with the application, as qualified by these development conditions.
  1. A Site Plan Amendment shall be required.
  2. All applicable federal and state permit approvals shall be required prior to approval of the Site Plan Amendment. 
  3. In accord with Section 5-2002.2. of the Zoning Ordinance no land or building shall be used for storage of materials other than those associated with this use.
  4. All culverts shall be sized for the 10-year storm with 12” of freeboard, but shall be no less than 15” in diameter.
  5. Verification from VEPCO that the proposed construction will be allowed in their right-of-way shall be required prior to Site Plan approval.
  6. Lighting and noise levels shall meet applicable County performance standards and requirements contained in Article 9 of the Zoning Ordinance.
  7. The entrance shall be paved for at least 25 feet into the property and be 30 feet wide.
  8. A VDOT entrance permit has been obtained and modification to the permit shall not be necessarily associated with this Special Exception Amendment.
  9. The entire facility, including the Measuring and Regulating Facility, shall be completely fenced and screened with a mix of evergreen trees and shrubs (recommend that the plant choices include deer tolerant plants).  This fencing and screening shall remain in place and be maintained by the applicant.
  10. The area of disturbance associated with the Site Plan Amendment shall be less than 10,000 square feet and limited to the originally developed 4.5 acres.
  11. The remainder of the property, approximately 26.13 acres (of the 30.63 acres boundary line adjusted), shall be made available to the Benders or others for farming as long as the parcel remains in the Southern Fauquier Agricultural and Forestal District.
  12. The applicant shall have one (1) year from the approval of the Site Plan to commence construction of the use.
  13. The Facility shall be permitted as a natural gas compressor facility in accordance with Virginia Department of Environmental Quality (DEQ) regulations, but in no case shall annual emissions for nitrogen oxide (NO2) exceed 24 tons per year without a Special Exception Amendment.  The Applicant will not seek from the DEQ any future permit modifications that will allow the Facility to emit more than 24 tons of NO2 emissions.

Any increase in the operating conditions or facility expansions which (i) are beyond what is depicted on the Special Exception Amendment plat and contained within the application materials, and (ii) require modification of the DEQ permitted annual emissions for the facility, as depicted on the Special Exception plat, shall require an amendment to the Special Exception.  However, changes in regulations promulgated by DEQ or the Environmental Protection Agency requiring compliance with stricter environmental standards, even if they require modifications to the facility, shall be permitted without amendment to this Special Exception.

16.  The number of employees shall be limited to two.

17.  Any new areas in the parking lot shall be constructed with a pervious surface, including the area on the Amended Special Exception labeled “paved area.”  (For this project, gravel is considered pervious.)

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