A RESOLUTION TO APPROVE A CATEGORY 27 SPECIAL EXCEPTION FOR COMMON OPEN SPACE REDUCTION (SPEX08-CR-005) - OPAL CREEK,
CEDAR RUN DISTRICT
WHEREAS, James W. Ward, Jr. and Judy W. Ward, Owners, and James W. Ward, Jr., Applicant, have submitted a proffered rezoning request (REZN07-CR-003) to rezone approximately 13.07 acres of land from Rural Agricultural (RA) to Residential (R-4); and
WHEREAS, the applicant also seeks Special Exception approval to waive the requirement for three (3) contiguous acres of active recreation space as stipulated in Section 2-309.3 of the Zoning Ordinance; and
WHEREAS, approval of the requested Special Exception application and its companion rezoning (REZN07-CR-003) for the aforementioned property would allow for a 24-lot single family residential subdivision; and
WHEREAS, on October 25, 2007, the Planning Commission held a public hearing on the applications and voted to recommend approval of the Special Exception provided that the Special Exception use shall be consistent with the concept presented in the Special Exception application; and
WHEREAS, on December 13, 2007, the Fauquier County Board of Supervisors conducted a public hearing and considered the written and oral testimony; and
WHEREAS, the Board of Supervisors concurs with the Planning Commission; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 13th day of December 2007, That Special Exception SPEX08-CR-005, James W. Ward, Jr. and Judy W. Ward, Owners, and James W. Ward, Jr., Applicant, be, and is hereby, approved subject to the following conditions:
1. This Special Exception is granted for and runs with the land, identified as PIN 6981-31-9262-000, as 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 “Opal Creek Rezoning and Special Exception” dated October 2, 2007, approved with this application, as qualified by these development conditions.
3. This Special Exception shall allow the applicant to waive the requirement for three (3) contiguous acres of active recreation space as stipulated in Section 2-309.3 of the Zoning Ordinance in order to build its 24-lot single family home subdivision.
4. The applicant shall save all deciduous trees with a caliper of greater than 2.25 inches and all evergreens over 6 (six) feet in height that are located within the proposed open space area. A tree inventory with species, size and location shall be presented to the Zoning Administrator as part of the Landscape Plan with the Construction Plan submittal.
5. The subdivision shall meet the minimum required 50 percent open space. As proposed, there is approximately 6.29 acres of open space in a contiguous parcel, a portion of which (3.68 acres) is jurisdictional wetland.
6. The applicant or its successor will revisit the wetland determination when the current delineation expires, provided that the Final Plat for Opal Creek subdivision has not been approved.