ORDINANCE

AN ORDINANCE TO APPROVE RZ03-S-18: THE REZONING OF APPROXIMATELY TWO ACRES FROM R-1 TO R-2, ELEANOR J. BUTLER, NICHOLAS F. AND MICHELE A. GLOWICKI, OWNERS AND APPLICANTS

WHEREAS, the properties identified by PINs: 7905-86-7871-000 and             7905-86-7609-000 were created in the 1968 subdivision approval of Broken Hills Section 5; and

WHEREAS, because of errors in that approval process, the Fauquier County Circuit Court has determined that Broken Hills Section 5 is not a legally platted subdivision; and

WHEREAS, PINs: 7905-86-7871-000 and 7905-86-7609-00 do not contain sufficient land area to be legally platted under its current R-1 zoning designation; and

WHEREAS, the Applicant has requested a Rezoning to allow the platting of a legal lot without creating any net gain in subdivision density; and

WHEREAS, the Planning Commission has conducted a public hearing on RZ03-S-18 and has forwarded a recommendation of approval to the Board of Supervisors; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 18th day of August 2003, That RZ03-S-18 be, and is hereby, approved subject to the following proffered conditions: 

1.      The rezoning of the subject properties from R-1 to R-2 will result in no net gain in subdivision or development potential. During the period that the zoning is R-2, there will be no additional houses constructed on either of these properties.

2.      Within twelve (12) months of the approval of the requested Rezoning, the Applicants will produce and record a subdivision plat in the same configuration as the properties identified by PINs 7905-56-7871-000 and 7905-86-7609-000.

3.      Following recordation of the new subdivision plat, but within the designated twelve month period, the Applicants agree that the Board of Supervisors may, on its own volition, rezone the newly recorded lots back to the original R-1 zoning classification.

4.      The Applicants further agree that, should to Board of Supervisors not act to rezone these properties to the original R-1 classification within eleven (11) months of the designated twelve month period, the Applicants will initiate such a rezoning prior to the expiration of the twelve month period.