A Category 23 Special Exception (SPEX09-SC-006) to allow display of materials in the FEMA 100-year floodplain & a Category 18 Special Permit (SPPT09-SC-007) for continued use and expansion of plant nursery retail sales
WHEREAS, Fairview Farm LTD, owner and applicant, is seeking a Category 23 Special Exception to allow for display of materials within the FEMA 100-year floodplain and a Category 18 Special Permit for the continued use and expansion of plant nursery retail sales on approximately five acres of PIN 7906-74-8395-000; and
WHEREAS, on October 30, 2008, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and unanimously recommended approval of the applications, subject to conditions; and
WHEREAS, on December 11, 2008, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and
WHEREAS, the Board of Supervisors has determined that the applications satisfy the standards of Zoning Ordinance Articles 5-006 and 5-2300 and 5-1800; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 11th day of December 2008, That SPEX09-SC-006 and SPPT09-SC-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 7906-74-8395-000, as indicated in this application and are not transferable to other land.
2. This Special Exception and Special Permit are granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception/Special Permit Plat dated August 1, 2008 as approved with this application; as qualified by these development conditions; and as granted only for the purpose and use indicated in the Statement of Justification for Plant Nursery Retail Sales and Display of Materials in the Floodplain.
3. The Special Exception allows for display of landscape rock and similar materials within the FEMA 100-year floodplain as identified on the Special Exception/Special Permit Plat.
4. The display of rock shall be set back thirty (30) feet from the property line (this includes the required 20 foot buffer per Zoning Ordinance Section 7-604.3.i.2). The thirty (30) feet of buffer area shall include the required landscaping per Zoning Ordinance Section 7-604.3.i.2 and shall supplemented by additional shrubs to be concentrated near the road in front of the canopy and understory trees.
5. Nursery structures, parking, display and storage that predate the Zoning Ordinance requirements for floodplain uses shall be allowed to continue in place, as identified on the aforementioned plan. Any expansions or changes in use will require new approval. A determination by the Zoning Administrator that violations of the Zoning Ordinance exist on site shall constitute grounds for revocation of the Special Permit.
6. A Site Plan shall be required.
7. The applicant shall provide sufficient documentation to demonstrate it meets the Category 23 Special Exception standards set forth in the Zoning Ordinance.
8. The applicant shall provide provisions to protect water quality, address drainage, and protect adjoining properties. This material shall be submitted with the Site Plan for approval by the County Engineer.
9. The entrance shall meet minimum sight distance and entrance requirements in accordance with the VDOT Minimum Standard of Entrances to State Highways.
10. 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.
A Copy Teste
Paul S. McCulla
Clerk to the Board of Supervisors