ORDINANCE

 

AN ORDINANCE TO APPROVE COMPREHENSIVE PLAN AMENDMENT #CPA03-S-09 AND REZONING REQUEST # RZ03-S-17, BISHOP'S RUN

 

            WHEREAS, W. Robert Gaines, Trustee, Owner, and Angler Development, LLC, Applicant, have initiated a request for a Comprehensive Plan Amendment to change the land use designation of 53.75 acres to Low Density Residential up to Three (3) Dwellings Per Acre (single-family attached permitted) from Low Density Residential Up to One (1) Dwelling Per Acre, Mixed Use Neighborhood: Planned Commercial and Up to Three (3) Dwelling Units Per Acre, and Commercial Neighborhood; 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 to rezone 31.3806 acres zoned Residential-1 (R-1) and 22.3688 acres zoned Commercial - Neighborhood (C-1) (PINs 7916-22-4949-000 and 7916-12-8941-000) to Residential-4 (R-4) Conventional and R-4 Cluster and to subject 9.14 acres of existing C-1 zoning to proffered conditions to permit the development of a mixed use development, and

 

WHEREAS, the owner and applicant have initiated a request to rezone approximately 31.3806 acres from Residential (R-1) and 22.3688 acres Commercial-Neighborhood (C-1) to Residential (R-4) and to retain 9.14 acres of C-1

 

WHEREAS, the applicant has filed application to amend the Fauquier County Comprehensive Plan in accordance with the provisions of Article 13-202 of the Fauquier County Zoning Ordinance; 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, on August 28, 2003, the Fauquier County Planning Commission held the first of several public hearings on the Comprehensive Plan Amendment and on the Rezoning request of Angler Development, LLC; and

 

            WHEREAS, at its meeting on December 18, 2003, the Fauquier County Planning Commission approved a motion recommending denial of the requested Comprehensive Plan Amendment and Rezoning request; and

 

WHEREAS, on January 20, 2004, March 15, 2004, and April 19, 2004 the Fauquier County Board of Supervisors held public hearings on this Comprehensive Plan Amendment and Rezoning request and considered both oral and written testimony; and

 

WHEREAS, the Fauquier County Board of Supervisors has determined that the proposed Rezoning is in conformance with the Fauquier County Comprehensive Plan as amended by this ordinance; and

           

            WHEREAS, by the 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 Comprehensive Plan and Zoning Map; now, therefore, be it

 

            ORDAINED by the Fauquier County Board of Supervisors this 19th day of April 2004, That Comprehensive Plan Amendment #CPA03-S-09 to change the land use designation for the project known as Bishop's Run located on the east and west sides of Riley Road be approved; and, be it

 

ORDAINED FINALLY, That Rezoning Request RZ03-S-17, Bishop's Run, to change the Zoning Map designation of Residential-1 (R-1) and Commercial - Neighborhood (C-1) to Residential-4 (R-4) and to subject 9.14 acres of C-1 zoning to proffered conditions be, and is hereby, approved subject to the Concept Development Plan prepared by Greenhorne & O'Mara, Inc. dated July 30, 2002 and as revised to February 12, 2004, and the Proffer Statement dated August 20, 2003 revised through April 6, 2004 and signed by W. Robert Gaines, Trustee, Owner, and Angler Development, LLC, Applicant April ___, 2004.