RESOLUTION

 

A Resolution AMENDING THE COMPREHENSIVE PLAN DESIGNATION

FOR AN 85 ACRE PARCEL DESIGNATED AS pin 6899-29-5691-000 from

60 acres of medium density residential AND 25 ACRES OF

COMMERCIAL OFFICE to 60 ACRES OF low density residential

and 25 acres as commercial office

 

            WHEREAS, Donald R. Tharpe, Trustee, owns an 85 acre parcel of land identified as PIN 6899-29-5691-000; and

 

            WHEREAS, said parcel was designated as part of the Bealeton Service District in the Comprehensive Plan with a designation of 60 acres of Medium Density Residential and 25 acres of Commercial Office; and

 

WHEREAS, on November 18, 2002, the Fauquier County Board of Supervisors adopted a resolution amending the Bealeton Service District Comprehensive Plan to include, among other changes, the removal of the aforesaid 85 acres from the Bealeton Service District and the Comprehensive Plan of the 85 acres as Rural Agricultural; and

 

            WHEREAS, on December 17, 2002, Donald R. Tharpe, Trustee, filed a Motion for Declaratory Judgment, Compensatory Damages, and Other Relief action in the Circuit Court of Fauquier County seeking to invalidate the decision of the Board of Supervisors adopting the aforesaid resolution as it relates to the aforesaid 85 acre parcel; and

 

            WHEREAS, Donald R. Tharpe, Trustee, and the Board of Supervisors have agreed to settle the aforesaid litigation in accordance with the terms and conditions of a Settlement Agreement executed by the parties; and

 

            WHEREAS, in accordance with the aforesaid Settlement Agreement, the Board of Supervisors and Donald R. Tharpe, Trustee, have submitted a Consent Order to the Circuit Court vacating the aforesaid November 18, 2002, Resolution of the Board of Supervisors as it relates to the 85 acre parcel; and

 

WHEREAS, the aforesaid Consent Order places the vacated decision on the Comprehensive Planning of the 85 acre parcel back before the Board of Supervisors; now, therefore, be it

 

            RESOLVED, by the Fauquier County Board of Supervisors this 21st day of June 2004, That the 85 acre parcel designated as PIN 6899-29-5691-000 be, and is hereby, included in the Bealeton Service District with a Comprehensive Planning Designation of 60 acres as Low Density Residential (1-3 units per acre) and 25 acres as Commercial Office; and, be it

 

            RESOLVED FURTHER, That this resolution shall be effective upon the entry of the aforesaid Consent Order by the Circuit Court of Fauquier County; and, be it

 

            RESOLVED FINALLY, That, except as modified herein, the Board of Supervisors does hereby ratify and reaffirm its November 18, 2002 resolution on the Bealeton Service District Plan as it relates to all other parcels and designations, with the exception of the 85 acre parcel designated herein.