WHEREAS, AGT, LLC, owner, and Three Flags Associates, applicant, of the property identified by PIN: 6889-50-5884-000, have requested to amend a previously approved Category 1 (Major Residential Development) Special Exception to create an additional .98 acre lot for a proposed pre-school/daycare facility; amend a previously approved Category 23 Special Exception to allow for fill in the FEMA 100-year floodplain for construction and placement of utilities; and request a Category 5 Special Permit to allow for the proposed use; and

            WHEREAS, on September 27, 2007, the Planning Commission held a public hearing on this item; and

WHEREAS, on December 13, 2007, the Fauquier County Board of Supervisors held a public hearing and considered written and oral testimony; and

WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of the Zoning Ordinance set forth in Articles 3-305.1, 5-501, and 5-503; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 13th day of December 2007, That Special Exception Amendment SEAM07-LE-004; Special Permit SPPT07-LE-015; and Special Exception Amendment SEAM07-LE-007, AGT, LLC, Owner, and Three Flags Associates, Applicant, 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 6889-50-5884-000, as indicated in this application and are 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 this application, as qualified by these development conditions.

3.                  The Special Permit is granted only for the purpose and use indicated in the Statement of Justification (pre-school/daycare facility) and on the Special Exception Plat approved with this application, as qualified by these development conditions.

4.                  A Site Plan shall be required.

5.                  The Special Exception shall remove the proposed .98 acre area from the open space in the original subdivision, as shown on the Special Exception plat titled “Edgewood East – Sections C, D & E, Amendments to Special Exceptions #24993 & #2271 and Special Permit for Proposed Daycare Center”, as revised July 2007.

6.                  A land division to create the area as a separate lot must be approved prior to any final approval of the use.

7.                  Prior to issuance of a building permit, the applicant shall repair and improve the common areas, trails and tot lots within Edgewood East Sections C, D & E and submit evidence to the Zoning Administrator that this has been accomplished.  The aforementioned areas shall be maintained on a semi-annual basis until they are formally turned over to the Homeowners Association.  Maintenance and repair shall include but is not limited to, vegetation control, mowing, repair of inadequate trails and vegetation removal and routine maintenance at the tot lot.

8.                  Prior to boundary line adjustment to create the requested lot, the applicant shall provide a written communication to notify homeowners of the schedule and process for the Edgewood East Homeowners Association (HOA) turnover (from the developer to the residents) for Sections C, D & E and schedule a meeting with the residents to discuss that issue.  (The actual timing of the turnover of the HOA and the conveyance of the open space to the HOA will be upon recordation of the Boundary Line Adjustment to create the proposed site.)

9.                  The applicant shall provided sufficient material to demonstrate that it meets the Category 23 Special Exception standards for fill in the floodplain set forth in the Zoning Ordinance (for utility installation). 

10.              Ingress/egress to the site shall only be via Whipkey Drive; there shall be no site access to Route 28.

11.              The area adjacent to Route 28 and Whipkey Drive shall be constructed of earthen berms and landscaped to provide for safety and screen the facility.  This structure shall be adequately maintained and damaged, dead, or diseased landscaping shall be replaced.

12.              The daycare facility shall not exceed seventy-five (75) children.

13.              The day care center shall be limited to no more than nine (9) employees.

14.              Hours of operation shall be:  Monday – Friday from 6:00 a.m. to 9:00 p.m. 

15.              No more than twenty-five (25) children shall be allowed to occupy the fenced recreation area, as shown on the aforementioned Special Exception plat, at any time.

16.              The daycare shall have an emergency policy that includes emergency forms to be signed by parents and/or legal guardians that provide details regarding emergency care.  Prior to Final Site Plan approval, a copy of this document shall be submitted to the Zoning Administrator and the Emergency Services Department.

17.              The daycare shall have a written emergency plan in case of accident, fire, snow, or other unforeseen occurrence. This includes an emergency call plan, posted evacuation maps, written procedures, and practice drills as mandated by state and county codes.  A copy of this document shall be approved by the Emergency Services Department and submitted to the County for the project file.

18.              No prepared meals shall be made on site.  Kitchen facilities shall be limited to snack and beverage storage and preparation.  Students shall bring packed lunches.

19.              The entrance shall meet minimum sight distance and entrance requirements in accordance with the VDOT Minimum Standard of Entrances to State Highways.  If the landscaping in the median interferes with sight distance, it may need to be removed.

20.              The use shall meet all Zoning Ordinance, code requirements and other local, state and federal approvals or it cannot be built.

21.              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.

22.              The applicant shall provide provisions to protect water quality, address drainage, and protect adjoining properties.  These shall be submitted with the Site Plan for approval by the County Engineer.

23.              No sidewalks or walkways shall be located within the floodplain unless they are pervious.  Prior to approval of the site plan, calculations shall be provided to demonstrate compliance with Section 4-407.3 of the Zoning Ordinance.

24.              Any floodplain area located on the newly created lot shall remain as open space.  An easement shall be provided on the Boundary Line Adjustment plat that restricts any future development within this easement area.

25.              The applicant shall be responsible for the legal costs and fees related to setting up and turning over the homeowners association to the residents such as but not limited to mailings; HOA documents; and legal fees associated with establishment and transfer of the HOA to residents.

26.              The applicant shall maintain the areas identified on the exhibit titled “Edgewood East – Sections C, D & E – Recreation Amenities and Open Space, received in Community Development on November 6, 2007, until these areas are turned over to the residents controlled HOA.

27.              The applicant shall dedicate $5,000 in seed money to the Homeowners Association for the residents of Edgewood East Sections C, D & E upon transfer of the HOA to the residents. 

28.              Prior to approval of any boundary line adjustment or subdivision plat related to the proposed day care center, all required landscaping in the Phases C, D & E shall be planted.  If any of the required landscaping has previously died, it shall be replaced.  In addition, the applicant shall place a landscape bond to be used to replace any of such landscaping which dies within a year of planting.

29.              Prior to issuance of a building permit, the multi purpose sports field identified on Sheet 14 of Edgewood East Subdivision Section “E” Phase 1, dated May 21, 2002, shall be constructed to the specifications indicated on that plan.  The applicant shall continue to maintain this area until it is transferred to the residents controlled HOA.

30.              The architectural aesthetic of the daycare facility building shall be a one-story structure with similar character and color palette to the single family residential dwellings in Edgewood East Sections C, D & E.

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