ORDINANCE

AN ORDINANCE TO APPROVE RZ00-S-03 FOR THE REZONING OF FOUR ACRES FROM RESIDENTIAL-1 (R-1) TO COMMERCIAL-1 (C-1)

            WHEREAS, Jeffrey D. and Mary E. Lippincott (Owners and Applicants), and the Fauquier County Board of Supervisors have initiated an application to amend the Fauquier County Zoning Map, in accordance with the provisions of Zoning Ordinance Sections 13-202, to rezone four (4) acres, also known as PIN 7916-10-1466, of Residential (R-1) to Commercial-1 (C-1) to accommodate a post office; and

WHEREAS, on January 25, 2001, the Fauquier County Planning Commission held a public hearing on the rezoning request; and

WHEREAS, the Fauquier County Planning Commission unanimously recommended approval of the rezoning request, subject to the following issues being addressed:

1.                  Provision for a proportionate share contribution toward the construction of the proposed roundabout intersection at Broad Run Church Road and Riley Road.

2.                  Commit to the location of the post office site entrance(s) from Riley Road

; and

WHEREAS, on February 20, 2001, the Board of Supervisors held a public hearing on the rezoning request; and

WHEREAS, after holding its public hearing, the Board of Supervisors, at the request of the applicants, tabled consideration of the matter pending determination from the United States Postal Service of its Post Office facility plan review for a New Baltimore branch; and

WHEREAS, by letter of July 21, 2005, the United States Postal Service informed the Board of Supervisors that it has restarted the project to acquire the four acre tract from Jeffrey and Mary Lippincott for a new post office and, as a result, the Board of Supervisors was  requested to reactivate the rezoning request; and

WHEREAS, on August 11, 2005, the Fauquier County Board of Supervisors approved a resolution to direct the County Administrator to schedule a public hearing on the proposed rezoning of these four (4) acres of land; and

WHEREAS, on September 8, 2005, the Fauquier County Board of Supervisors held a public hearing on this 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; 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 Zoning Map; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 8^th day of September  2005, That Rezoning Request RZ00-S-03, to change the Zoning Map designation of four (4) acres of Residential (R-1) to Commercial-1 (C-1), be, and is hereby, approved, subject to the  Concept Development Plan prepared by Frederick Ward Associates, Inc. and dated January 22, 2001, and the Amendment to Revised Proffer Statement for the Jeffrey D. and Mary Lippincott Rezoning, RZ00-S-03 Proffer Statement.