ORDINANCE

AN ORDINANCE TO APPROVE REZONING REQUEST #RZ02-L-08

HELEN F. HELM PROPERTY ELLERSLIE FARM

            WHEREAS, Helen F. Helm, owner, and Richard M. Barb, LLC, applicant, have initiated a request to rezone approximately 139.4 acres (portions of PINs 6888-13-8870-000 and 6888-15-4359-000) from Residential (R-1) and Commercial-Highway (C-2) to Residential-2 (R-2) for a cluster development; and

WHEREAS, the applicant has filed an application to amend the Fauquier County Zoning Map, in accordance with the provisions of Article 13-202 of the Fauquier County Zoning Ordinance; and

WHEREAS, the proposed rezoning is in conformance with the Fauquier County Comprehensive Plan; and

            WHEREAS, on October 24, 2002, the Fauquier County Planning Commission held a public hearing on the rezoning request of Helen F. Helm and Richard M. Barb, LLC; and

            WHEREAS, on December 19, 2002 , the Fauquier County Planning Commission approved a motion recommending approval of the rezoning requested; and

            WHEREAS, on January 21, 2003 and February 24, 2003 , the Board of Supervisors held public hearings on this rezoning request; and

            WHEREAS, by adoption of this Ordinance, the Board of Supervisors has determined that the public necessity, convenience, general welfare, or good zoning practice is satisfied by this amendment to the Fauquier County Zoning Map; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 17th day of March 2003, That Rezoning Request #RZ02-L-08, to change the zoning designation of 139.4 acres on the east side of Route 15/29 and on the west side of Business Route 15/29, identified as portions of PINs 6888-13-8870-000 and 6888-15-4359-000, from Residential (R-1) and Commercial-Highway (C-2) to Residential-2 (R-2) for a Cluster development be, and is hereby, approved subject to the Concept Development Plan prepared by Bowman Consulting Group, dated December 3, 2002, the Proffer Statement dated June 18, 2002, and revised through February 4, 2003, and the boundary survey plats prepared by Benchmark Surveying and Land Planning, Culpeper, Virginia, dated December 13, 2001, containing 130.3206 acres, and April 10, 2002, containing 9.1622 acres.