RESOLUTION 

A RESOLUTION TO APPROVE SPEX05-SC-005 A Category 1 Special Exception to Allow FOR UP TO TWENTY (20) RESIDENTIAL UNITS ABOVE A RETAIL CENTER 

            WHEREAS, the owners of the property identified by PIN 7916-12-8941-000 have requested a Category 1 Special Exception to allow for residential apartment units above a retail center; and 

WHEREAS, the requested Special Exception will allow the applicant to construct up to twenty (20) residential apartment units above a commercial retail center; and

            WHEREAS, this approval includes only the ±9-acre Neighborhood Retail Center with apartment units above the commercial retail identified on the Special Exception Plat called “Bishops Run Retail Center,” dated August 27, 2004; and

WHEREAS, per the approved Bishops Run Proffer Statement, as revised on May 17, 2004, the residential apartments would be limited to 1½ stories, restricted to one-bedroom units with lofts and have residential architectural features consistent with the “Town Center Mixed Use Complex” dated February 1, 2004; and  

            WHEREAS, on October 28, 2004, the Planning Commission voted to forward this Special Exception SPEX05-SC-005 to the Board of Supervisors with a recommendation of conditioned approval; and 

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

            RESOLVED by the Fauquier County Board of Supervisors this 10^th day of November 2004, That Special Exception SPEX05-SC-005, Bishops Run, LLC, Owner, Angler Development, LLC, 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.

2. 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.

3. A Site Plan shall be required, pursuant to Article 12 of the Zoning Ordinance.

4. An initial Site Plan shall be filed within one (1) year of the approval of this Special Exception.  No time limit shall be imposed on this Special Exception, provided that a Site Plan is filed within one year of approval.

5. The development of the property shall be in general conformance with the Special Exception Plat entitled "Bishops Run Retail Center" dated August 27, 2004 and received in the Planning Office on August 28, 2004, except as modified by these conditions.

6. The building labeled “Daycare” on the aforementioned Plan shall only be used as a daycare facility.  If the building’s use changes, a new parking analysis shall be submitted along with a revised Site Plan, for any different use, to determine if the overall number of parking spaces at the site is still consistent with the parking reduction granted with this Special Exception.

7. The property association agreement shall be provided to the County for review and comment prior to Site Plan approval as it relates to stormwater management/BMP facilities, landscaping, parking agreements/arrangements, parking lot maintenance, private streets, open space, etc.

8. The maximum number of apartment units shall be twenty (20). 

9. The maximum number of bedrooms per unit shall be one (1).

10. The apartments shall not exceed 1½ stories (one level with a loft).

11. Apartments shall be limited to the 2^nd floor and above.

12. This Special Exception approval grants a 20% reduction of the number of parking spaces required pursuant to Zoning Ordinance Sections 5-103.2.e, 7-102.3 and 7-102.4 for the nonresidential components of the development and removes the requirement for visitor parking spaces for the residential portion of the development.  This allows for 280 parking spaces, as a reduction from the required 347 spaces.

13. The Shared Parking Agreement shall be provided to the County for review and approval prior to Site Plan approval.  This Agreement shall provide that all tenants shall share parking rights for a specified number of parking spaces; however, a limited number of parking spaces may be assigned to a particular user/tenant.

14. Overnight parking of boats, trailers, or camper type vehicles shall not be permitted on the site.

15. The minimum front yard shall be 14 feet measured from the property line in accord with Zoning Ordinance Section 5-103.2.c.

16. Per the Proffer Statement, as revised on May 17, 2004, the uses allowed with this Special Exception shall be those uses identified in Article 3 of the Zoning Ordinance permitted in the C-1 zoning district, except the following or similar uses shall not be permitted in mixed residential use buildings:

1. Auto Repair Garage;
2. Car Wash;
3. Motor Vehicle Impoundment Yard;
4. Automobile Sales;
5. Broadcasting Studio;
6. Recreational Vehicle Storage Area;
7. Kennel/Animal Shelter;
8. Funeral Home; and
9. Recycling Center.

In addition, the following or similar uses (although not addressed in the proffers) shall not be permitted in mixed residential use buildings:

10. Medical Care Facility, Minor or Major;
11. Golf, Miniature;
12. Veterinary Clinic;
13. Furniture Repair, Cabinet Making, Upholstery, More Than 5,000 sq. ft.;
14. Welding, Sheet Metal Shops, Less or More Than 5,000 sq. ft.; and
15. Any Category 14 Use except vehicle part sales, installation (not including repair garage).

17. This Special Exception approval does not remove any Site Plan, Administrative Special Permit, Special Permit or Special Exception approval required for specific uses permitted in the C-1 zoning district, pursuant to Article 3 of the Zoning Ordinance.

18. The Bishops Run Retail Center entrance shall meet the Virginia Department of Transportation (VDOT) design requirements.

19. Landscaping along Riley Road shall be consistent with VDOT requirements as promulgated in its “Guidelines for Planting along Virginia’s Roadways”. 

20. The property owners association shall be responsible for the continued upkeep and maintenance of landscaping within the retail center complex.

21. The architectural appearance of the mixed-use residential buildings shall be as shown on the rendering received in the Planning Office August 27, 2004, entitled “Town Center Mixed Use Complex”.