ORDINANCE

AN ORDINANCE APPROVING RZ03-L-12: AN AMENDMENT TO PROFFERED CONDITIONS PREVIOUSLY APPROVED WITH REZONING RZ99-L-04,

BRS, L.C., OWNER/APPLICANT

            WHEREAS, in December 1999, the Board of Supervisors approved Rezoning RZ99-L-04, which included a proffered condition requiring the dedication of right-of-way two hundred feet (200’) from the existing right-of-way on the south side of Virginia Route 28; and

            WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the original proffered right-of-way exceeds future requirements for the widening of Route 28; and

            WHEREAS, the Applicant has determined that the original proffered right-of-way would preclude the development of ten (10) building lots in the Cedar Brooke Subdivision; and

            WHEREAS, the Applicant has requested to amend the proffered condition, substituting a variable width right-of-way for the originally stipulated two hundred-foot (200’) right-of-way; and

            WHEREAS, VDOT and the County Engineer have reviewed the Applicant’s proposal and found that it is consistent with the transportation section of the Bealeton Service District Plan; and

            WHEREAS, the Planning Commission has conducted a public hearing and has recommended approval of SE03-L-12; now, therefore, be it

            ORDAINED, by the Fauquier County Board of Supervisors this 21st day of July 2003, That RZ03-L-12 be, and is hereby, approved subject to revised proffer statement.