RESOLUTION

A RESOLUTION TO APPROVE SPEX07-MA-001:  A CATEGORY 29 SPECIAL EXCEPTION to waive the public street requirement in the Rural Agriculture (RA) zone to allow Chattins Run Lane to be designed and constructed as a Type III private street           

whereas, Flint Hill Partners, LLC, owners of the property identified by PIN 6061-07-6619-000, has requested  a Category 29 Special Exception to allow a waiver of the public street requirement in a residential zone; and

WHEREAS, the proposed private street, based upon anticipated traffic generation volume, will adequately serve the lots to be developed and provide sufficient emergency vehicle access to the subdivision; and

WHEREAS, demonstration that adequate provisions will be made to provide for continuing maintenance and repair of the streets by a homeowners association has been made; and

WHEREAS, on October 26, 2006, the Fauquier County Planning Commission held a public hearing and considered testimony; and

WHEREAS, on October 26, 2006, the Planning Commission voted unanimously to forward Special Exception SPEX07-MA-001 to the Board of Supervisors with a recommendation of conditional approval; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 9th day of November 2006, That Special Exception SPEX07-MA-001, Flint Hill Partners, LLC, owner and applicant, be, and is hereby, approved, subject to the following conditions: 

  1. This Special Exception is granted for the purpose of waiving the private street requirement in a Rural Agriculture (RA) zone to allow a Type III private street as shown on the Special Exception Plat, “Chattins Run North”, dated September 13, 2006.  The Final Plat shall be in general conformance with this Special Exception Plat as qualified by these development conditions.  A modified Final Construction Plan shall be submitted and shall be in general conformance with this Special Exception and the conditions listed below.
     
  2. This Special Exception is granted for and runs with the land identified as PIN 6061-07-6619-000.
     
  3. Article 7-303.2 of the Fauquier County Zoning Ordinance stipulates that there are no design or construction standards for Type III private streets.  Therefore, there shall be no design or construction required for the proposed Chattins Run Lane.  The entrance to Maidstone Road (Route 713) from Chattins Run Lane shall meet the Virginia Department of Transportation (VDOT) entrance requirements.
     
  4. Chattins Run Lane shall connect directly to Maidstone Road.  Only the Non-Common Open Space Residue Parcel may have direct access to Maidstone Road.  The five (5) cluster lots shall not have direct access to Maidstone Road.
     
  5. There shall not be a maximum grade established for Chattins Run Lane.
     
  6. The ingress/egress easement shall be a minimum of fifty (50) feet in width.
     
  7. The private street shall have a minimum radius of forty (40) feet at its terminus.
     
  8. There shall be no requirements for the surface or base material for Chattins Run Lane.  The surface and base material shall be left up to the applicant’s discretion.
     
  9. As part of the Final Construction Plans, an Erosion and Sediment Control Plan shall be submitted for review by the John Marshall Soil and Water Conservation District for review and approval prior to Final Plat approval.
     
  10. Prior to Final Plat approval, Erosion and Sediment Control measures shall be bonded with Fauquier County.
     
  11. Any drainage and culvert designs required for the entrance and Maidstone Road shall be designed to meet VDOT standards.
     
  12. An improvements bond shall not be required for Chattins Run Lane road construction.  Prior to Final Plat approval, the entrance improvements shall be bonded with VDOT, pursuant to VDOT guidelines.
     
  13. As part of the Final Construction Plans, a Final Soils Map shall be submitted to the Fauquier County Soil Scientist’s Office for review and approval prior to Final Plat approval.
     
  14. Prior to Final Plat approval, a detailed road maintenance agreement shall be provided for review and approval by the County.  This agreement shall be located in the Deed of Subdivision and Homeowners Association documents and it shall establish a fund for perpetual road maintenance including repairs, drainage, snow removal, sign maintenance, etc.
     
  15. The applicant shall have two (2) years from the date of approval of this Special Exception to record the Final Plat to create the Chattins Run North Subdivision or this approval shall be deemed null and void.
     
  16. Fauquier County Department of Community Development will not issue final approval of Chattins Run North Final Construction Plans until the application for Chattins Run South Preliminary Plat has been withdrawn.

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