ORDINANCE

AN ORDINANCE TO APPROVE THE REVISED BROOKSIDE FARM PRD PROFFER STATEMENT AND MODIFICATIONS TO THE ZONING ORDINANCE  #PR 01-S-02 FAUQUIER LAKES LIMITED PARTNERSHIP, LP, AND FAUQUIER LAND COMPANY, GP

WHEREAS, Fauquier Lakes Limited Partnership, the owner and applicant in the original Waterfield application, has initiated a request to amend the Proffer Statement (Revision Date:  May 9, 2002) and associated materials for the parcels zoned Planned Residential Development District (PIN 7905-93-5747; 7915-06-7362; 7915-16-2290; 7915-35-2459; and 7915-34-4195); and

WHEREAS, the revised Proffer Statement, Concept Development Plan and associated graphics, and modifications establish the uses and densities for the Brookside Farm property; and

WHEREAS, the Proffer Statement included the applicant and adjacent property owners who are identified therein as Attachment “C” who have consented and agreed to the road dedication and phasing schedules set forth in the Brookside Farm PRD Revised Proffers and to publicly dedicate or donate, without cost to the County or VDOT, any and all lands located on their properties necessary for roads in the “Entire Project” as shown on the Concept Development Plan; and

WHEREAS, the “Entire Project” for specific project elements is defined to include Brookside Farm and the “Adjacent Owners” identified in Attachment “C”; and 

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

WHEREAS, on September 27, 2001, the Fauquier County Planning Commission held a public hearing on the Proffer Amendment request; and

WHEREAS, at its meeting on December 20, 2001, the Fauquier County Planning Commission approved a motion recommending denial of the requested application due to outstanding issues focused primarily on transportation and a variety of design and modification related issues; and

            WHEREAS, the Board of Supervisors held public hearings on this request on March 18, April 15 and May 20, 2002; and

            WHEREAS, the applicant has significantly revised the Proffer Statement to include:  the construction of or provision of cash contributions essential for completion of identified on and off-site road improvements needed to resolve transportation impacts associated with the “Entire Project”; assured completion of the Brookside Parkway connection to the Vint Hill Parkway traffic circle; provision of a dedicated Middle School site, public trail system, essential contributions to the Fauquier County WSA for extension of public sewer service, and  other associated park and public improvements; 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 Proffer amendment to the affected PRD zoned parcels; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 20th day of May 2002, That Proffer Amendment Request #PR 01-S-02 for Brookside Farm is hereby approved subject to the applicant’s Proffer Statement and the associated attachments and agreements, Concept Development Plan (prepared by The Engineering Group; 8 Sheets) both with revision dates of May 9, 2002, as well as the Modifications Request (Revision Date: May 9, 2002); and, be it

ORDAINED FURTHER, That the Chairman be authorized to sign the executed Agreement made between the Vint Hill Farms Economic Development Authority, Fauquier Lakes Limited Partnership, and Brookside Communities, LLC, regarding the Brookside School site, completion of the Parkway extension and other associated matters.