RESOLUTION

A RESOLUTION TO APPROVE SPECIAL EXCEPTION SPEX04-CT-024, A Category 23 Special Exception to Allow FOR FILL IN A FLOODPLAIN

            WHEREAS, the owner of the property identified by PIN 6993-16-9798-000 has requested a Category 23 Special Exception to allow for fill in the floodplain; and

WHEREAS, the requested Special Exception will allow the applicants to place fill in the floodplain during construction associated with the southeastern soccer field; and

            WHEREAS, on October 28, 2004, the Planning Commission voted unanimously to forward Special Exception SPEX04-CT-024 to the Board of Supervisors with a recommendation of conditioned approval; and

WHEREAS, on November 10, 2004, the Fauquier County Board of Supervisors held a public hearing and considered public testimony; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of November 2004, That Special Exception SPEX04-CT-024, Fauquier County Board of Supervisors, Owner, and Fauquier County Department of Parks and Recreation, Applicant, 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. This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

 

  1. The Special Exception is subject to the provisions of Article 12 of the Fauquier County Zoning Ordinance, Site Plans, as may be determined by the Fauquier County Department of Community Development. Any site plan submitted pursuant to this special exception shall be in general conformance with the Special Exception Plat received May 17, 2004, and these conditions.

 

  1. Evidence of applicable federal, state and local permits shall be required with the first submission of the Final Site Plan.  No land disturbing permit for construction in the floodplain shall be issued until all of the necessary permits have been furnished to the Community Development Department.  The permits may consist of, but are not limited to, a copy of the U. S. Army Corps of Engineers permit for disturbance of wetlands; the Department of Environmental Quality and/or Virginia Marine Resources Commission or Department of Conservation and Recreation permits for relocation of the stream, if applicable.

 

  1. Wetlands delineation shall be verified by U.S. Army Corps of Engineers prior to Final Site Plan approval.

 

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

 

  1. An initial Site Plan for the fill in the floodplain shall be filed within one (1) year after the approval of this Special Exception.  No time limit shall be imposed on this Special Exception, provided that such a site plan has been filed within one year of approval of this Special Exception.

 

  1. This Special Exception permits fill in the designated FEMA floodplain associated with the construction of the most southeastern soccer field (#2) based on approval of proposed grading by the County Engineerís office with approval of the required Site Plan.