Gas Mart v. BD. OF SUP'RS OF LOUDOUN COUNTY

PRESENT: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and
Agee, JJ., and Stephenson, S.J.

GAS MART CORPORATION, ET AL.
                                             OPINION BY
v.   Record No. 041455    SENIOR JUSTICE ROSCOE B. STEPHENSON, JR.
                                           March 3, 2005
BOARD OF SUPERVISORS OF
 LOUDOUN COUNTY, ET AL.

             FROM THE CIRCUIT COURT OF LOUDOUN COUNTY
                      Thomas D. Horne, Judge

      In this interlocutory appeal, numerous complainants

challenge the validity of revisions to a county's zoning

ordinance.

                                  I

      On January 6, 2003, the Board of Supervisors of Loudoun

County (the Board) enacted comprehensive amendments to the

Loudoun County Zoning Ordinance and Zoning Map (the ZOAs).

Within thirty days thereafter, more than 200 suits in equity

were filed against the Board and the County of Loudoun

(collectively, the County), challenging the validity of the ZOAs

on various grounds.   By a decree, the trial court consolidated

all of the suits pursuant to the Multiple Claimant Litigation

Act, Code §§ 8.01-267.1 through –267.9, and directed the

formation of a Litigation Steering Committee (the LSC) to

represent all complainants in the consolidated cases with

respect to common issues of law and fact.
     With leave of court, the LSC filed on behalf of all

complainants an amended supplemental bill of complaint for

declaratory judgment and other relief with respect to the common

issues.   Two counts of that bill of complaint, Counts IV and IX,

are at issue in this appeal.

     In Count IV, the complainants alleged that the ZOAs were

void ab initio because the Board had failed to comply with the

public notice requirements of Code § 15.2-1427(F).    In

sustaining the County's demurrer to Count IV, the trial court

concluded that Code § 15.2-1427(F) is inapplicable to the

enactment or amendment of zoning ordinances.

     In Count IX, the complainants asserted that the Board had

failed in a number of ways to satisfy the public hearing notice

requirement of Code § 15.2-2204(A).   With one exception, the

trial court rejected the complainants' assertion, holding that

the notice satisfied the requirements of Code § 15.2-2204(A).

     After the trial court issued its letter opinion, the

complainants requested the court to certify two "controlling

questions of law" as appropriate for an interlocutory appeal,

pursuant to the provisions of Code § 8.01-267.8(B).   By decree

entered June 14, 2004, the trial court certified the two

questions presented in this appeal, stating that there are

"controlling questions of law as to which there is substantial

ground for difference of opinion, and . . . an immediate appeal


                                 2
. . . may materially advance the ultimate termination of this

litigation."     We awarded the complainants an interlocutory

appeal on the two questions of law certified by the trial court,

concluding that they were appropriate for an interlocutory

appeal pursuant to the Multiple Claimant Litigation Act.

        These are the two questions presented in this appeal:

        1.   Whether the trial court erred in holding that the Board

was not required to comply with the procedures set forth in Code

§ 15.2-1427(F), as a condition precedent to the valid enactment

or amendment of a zoning ordinance under Code § 15.2-2285(C);

and

        2.   Whether the trial court erred in holding that, with the

lone exception noted above, the notices published by the Board

satisfied the requirements of Code § 15.2-2204(A).

                                   II

        On January 6, 2003, the Board adopted the ZOAs.   The

process began on January 5, 2000, when the Board passed a

resolution directing the County Planning Commission to initiate

a review and revision of the County's comprehensive land use

plan.

        On July 23, 2001, the Board adopted extensive modifications

of the County comprehensive land use plan, which became known as

"the Revised General Plan."     Thereafter, the Board, the Planning

Commission, the County staff, and outside experts prepared


                                    3
revisions to the Zoning Ordinance to implement the policies of

the Revised General Plan.

     On July 15, 2002, the Board passed another resolution

stating that it had "placed as its highest priority, in

implementing the Revised General Plan, the comprehensive

remapping and necessary amendments to the Zoning Ordinance."

This resolution directed the Planning Commission "to conduct a

review of the proposed remapping and the amended Zoning

Ordinance text language" and present its findings and

recommendations to the Board by October 15, 2002.

     The Planning Commission held public hearings on the

proposed amendments on August 14 and 17, 2002, after publishing

the required legal advertisement and mailing a notice letter to

each of approximately 64,000 County landowners regarding the

hearings.   A revised draft of the proposed amendments, together

with the Planning Commission's recommendations, was forwarded to

the Board on October 16, 2002.

     After receiving the Planning Commission's recommendations,

the Board published an advertisement in the Loudoun Times-Mirror

on October 16 and 23, 2002, announcing that it would conduct

public hearings on November 2 and 6, 2002, to consider the

proposed amendments.   The advertisement read as follows:

                            PUBLIC HEARING




                                  4
  The LOUDOUN COUNTY BOARD OF SUPERVISORS will hold a
  public hearing in the Board of Supervisors' Meeting
Room, County Government Ctr., 1 Harrison Street, S.E.,
 Leesburg, Virginia on Saturday, November 2, 2002, at
   9:00 a.m. and Wednesday, November 6, 2002, at 3:00
      p.m. and 6:00 p.m. to consider the following:

                      ZOAM 2002-0003
  PROPOSED AMENDMENTS TO ALL ARTICLES OF THE 1993
 ZONING ORDINANCE FOR THE PURPOSE OF IMPLEMENTING
      THE POLICIES OF THE REVISED GENERAL PLAN

Pursuant to Sections 15.2-2204 and 15.2-2285 of the
Code of Virginia and a Resolution regarding Review of
the Comprehensive Plan and Zoning Ordinance adopted by
the Board of Supervisors on January 5, 2000, the
Loudoun County Board of Supervisors hereby gives
notice that it will consider comprehensive amendments
to the 1993 Loudoun County Zoning Ordinance (the
"Ordinance"). Such amendments would revise the entire
Ordinance in conjunction with a comprehensive
amendment to the Zoning Map. Such amendments would
add, replace, modify, delete and add to various
Articles and Sections of the Ordinance as necessary to
implement policies of the Revised General Plan adopted
by the Board of Supervisors on July 23, 2001.
Provisions that are proposed to be added or amended
include, without limitation, the following:

  •   New and revised requirements for the proposed new
      AR-1 and AR-2 Agricultural Rural zoning
      districts; the proposed new TR-1 (including sub-
      districts TR1UBF, TR1LF), TR-2, TR-3 (including
      sub-districts TR3UBF, TR3LBR, TR3LF) and TR-10
      Transitional Residential zoning districts; the
      proposed new JLMA-1, JLMA-2, JLMA-3 and JLMA-20
      Joint Land Management Area zoning districts; the
      proposed new TREC Transit Related Employment
      Center zoning district; the proposed new Village
      Overlay District; the CLI Commercial Light
      Industry zoning district and the RC Rural
      Commercial zoning district;

  •   Provisions to implement the Conservation Design
      policies in the Revised General Plan;




                            5
  •   Provisions to implement the Green Infrastructure
      policies in the Revised General Plan by various
      means including, without limitation, imposition
      of environmental overlay districts such as a
      River and Stream Corridor Overlay District and a
      Limestone Overlay District and amending the
      Mountainside Development Overlay District; and

  •   Provisions to encourage and support rural
      economic development.

      The public purposes for these amendments include
      those purposes of zoning set forth in Section
      15.2[-]2200 and 15.2[-]2283 of the Code of
      Virginia.

                      ZMAP 2002-0014
          PROPOSED AMENDMENTS TO THE COUNTYWIDE
              ZONING MAP FOR THE PURPOSE OF
               IMPLEMENTING THE POLICIES OF
                 THE REVISED GENERAL PLAN

Pursuant to Sections 15.2-2204 and 15.2-2285 of the
Code of Virginia and a Resolution regarding Review of
the Comprehensive Plan and Zoning Ordinance adopted by
the Board of Supervisors on January 5, 2000, the
Loudoun County Board of Supervisors hereby gives
notice that it will consider comprehensive amendments
to the Countywide Zoning Map. Such amendments would
change the zoning district designations, including
zoning overlay districts, on the County Zoning Map for
the purpose of implementing the Revised General Plan
(the "Plan") adopted by the Board of Supervisors on
July 23, 2001. Major revisions would include, without
limitation, the following revisions to conform to
recommended densities and policies of the Plan:

  •   Remapping most of the existing Agricultural
      Residential (A-3), Agriculture (A-10) and
      Countryside Residential (CR-1 through CR-4)
      properties in the western portion of the County
      to Agricultural Rural AR-1, at a density of 1
      dwelling unit ("d.u.") per 20 acres (or, if
      clustered, 1 d.u. per 10 acres), and AR-2 at a
      density of 1 d.u. per 50 acres (or, if clustered,
      1 d.u. per 20 acres);



                            6
•   Remapping the A-3, CR-1 and CR-2 districts within
    the Joint Land Management Areas (JLMA) to new
    JLMA districts with densities generally unchanged
    except for proposed reduction in density to 1
    d.u. per 20 acres for properties lying generally
    in the vicinity of the Leesburg Airport;

•   Remapping the residential CR areas in the
    vicinity of Arcola to PD-GI General Industrial
    with Floor Area Ratio ("FAR") up to a maximum of
    0.4;

•   Remapping the Planned Development-Industrial Park
    (PD-IP), A-3 and CR areas west of Dulles Airport
    to PD-GI General Industrial with FAR up to a
    maximum of 0.4;

•   Remapping the Broad Run Farms area and
    substantial areas lying generally south of the
    Dulles Greenway and east of Goose Creek where
    recommended by the Plan for residential use from
    A-3 and CR to R-1 at a density of 1 d.u. per
    acre;

•   Expansion of the existing Commercial Light
    Industry CLI district and remapping of certain CR
    property to CLI for properties lying generally on
    the south side of Route 50 east of Lenah Run at
    densities generally up to 0.35 FAR;

•   Remapping much of the A-3 property lying
    generally south of Sycolin Creek and west of
    Goose Creek and east of Evergreen Mills Road
    (Route 621) to Transitional Residential TR-10 at
    a density of 1 d.u. per 10 acres with required
    clustering;

•   Remapping much of the A-3 property lying
    generally east of Route 15 and south of Braddock
    Road (Route 705) to Transitional Residential TR-3
    (sub-district TR3UBF) at a density of 1 d.u. per
    3 acres with required clustering;

•   Remapping much of the A-3 property lying
    generally north of Route 50 and east of Watson
    Road (Route 860) and south of Evergreen Mills
    Road (Route 621) to Transitional Residential TR-3


                          7
      (sub-district TR3UBF) at a density of 1 d.u. per
      3 acres with required clustering;

  •   Remapping much of the A-3 property lying
      generally south of Braddock Road (Route 620) and
      west of Fairfax County to Transitional
      Residential TR-3 (sub-district TR3LF) at a
      density of 1 d.u. per 3 acres with required
      clustering;

  •   Remapping much of the A-3 property lying
      generally south of Braddock Road (Route 620) to
      the east of Prince William County and west of
      Fairfax County to Transitional Residential TR-3
      (sub-district TR3LBR) at a density of 1 d.u. per
      3 acres with required clustering;

  •   Remapping CR properties in the vicinity of Lenah
      lying generally on the north and south sides of
      Route 50 and north and south of Braddock Road
      (Route 705 & Route 620) and east of Route 15 to
      Transitional Residential TR-1 (sub-district
      TR1UBF) at a density of 1 d.u. per acre with
      required clustering;

  •   Remapping the strip of CR properties generally on
      the south sides of Braddock Road (Route 620) and
      west of Fairfax County to Transitional
      Residential TR-1 (sub-district TR1LF) at a
      density of 1 d.u. per acre with required
      clustering;

  •   Imposing a new Village Overlay district upon the
      existing villages in the rural areas and upon the
      village of Ashburn to achieve continuity and
      consistency of future development in the villages
      with existing development.

The public purposes for these amendments include those
purposes of zoning set forth in Section 15.2[-]2200
and 15.2-2283 of the Code of Virginia

Unless otherwise noted in the above notices, full and
complete copies of the above-referenced applications
and related documents may be examined in the Loudoun
County Building and Development Department, 1 Harrison
Street, S.E., 2nd Floor, Leesburg, Virginia, from 9:00


                            8
     a.m. to 4:30 p.m., Monday through Friday or call (703)
     777-0397.

     All members of the public will be heard as to their
     views pertinent to these matters. Citizens are urged
     to call to sign up to make a presentation at the
     public hearing. Individual citizen comments and
     organizations will be limited to three minutes so that
     all in attendance may have the opportunity to speak.
     Written comments are encouraged and may be submitted
     to the Deputy Clerk to the Board of Supervisors.
     Please call the Board of Supervisors' Office at (703)
     777-0204 to register to speak. Registrations will
     begin Tuesday, October 22, 2002. Speakers who
     anticipate providing a written copy of their comments
     are kindly requested to provide 15 copies to the
     Deputy Clerk.

     Hearing assistance is available for meetings in the
     Board Room. If you require any type of reasonable
     accommodation as a result of a physical, sensory or
     mental disability to participate in this meeting,
     please contact County Administration at (703) 777-
     0200. Three days notice is requested. FM Assistive
     Listening System is available at the meetings.

     BY ORDER OF:                      SCOTT K. YORK, CHAIRMAN
                           LOUDOUN COUNTY BOARD OF SUPERVISORS

     In addition to the newspaper advertisement, the Board

mailed a notice letter to each of approximately 64,000 County

landowners before the public hearings.   The letters informed the

landowners of the dates and times of the Board's public

hearings.   The   letters also informed each landowner of the

specific district proposed for that landowner's property and

explained that the district included regulations governing the

use and development of the property.   In addition, the letters

advised the location where copies of the proposed amendments

were available for review.

                                  9
        Thereafter, the Board held public hearings on November 2

and 6, 2002, at which the Board received numerous comments from

the public.    Following the public hearings, the Board continued

to refine the amendments before their adoption on January 6,

2003.

                                  III

        The complainants contend that the public hearing notices

did not satisfy the requirements of Code § 15.2-2204(A), which,

in pertinent part, provides the following:

             Plans or ordinances, or amendments thereof,
        recommended or adopted under the powers conferred by
        this chapter need not be advertised in full, but may
        be advertised by reference. Every such advertisement
        shall contain a descriptive summary of the proposed
        action and a reference to the place or places within
        the locality where copies of the proposed plans,
        ordinances or amendments may be examined.

             The local planning commission shall not recommend
        nor the governing body adopt any plan, ordinance or
        amendment thereof until notice of intention to do so
        has been published once a week for two successive
        weeks in some newspaper published or having general
        circulation in the locality.

(Emphasis added.)    In sum, this statute provides that public

hearing notices must contain three specific elements:    (1) a

descriptive summary of the proposed amendments; (2) a reference

to the place within the locality where the proposed amendments

may be examined; and (3) notice of the governing body's

intention to adopt the proposed amendments.    According to the




                                  10
complainants, the public hearing notices published by the Board

"satisfied none of these three requirements."

                                   A

     First, we consider whether the public hearing notices

provided a legally adequate "descriptive summary" of the Board's
                          1
proposed zoning action.       In the recent case of Glazebrook v.

Board of Supervisors, 266 Va. 550, 554-55, 587 S.E.2d 589, 591-

92 (2003), we stated, in pertinent part, the following:

     a "descriptive summary" is a statement that covers the
     main points concisely, but without detailed
     explanation, in a manner that serves to describe an
     object for the knowledge and understanding of others.

          . . . If the notice does not cover the main
     points of the proposed amendment and does not
     accurately describe the proposed amendment, it does
     not satisfy Code § 15.2-2204(A). However, the notice
     need not contain the full text of the proposed
     amendment, nor explain the proposed amendment in
     detail.

          . . . [The language of Code § 15.2-2204(A)]
     suggests that the intent of the statute is to generate
     informed public participation by providing citizens
     with information about the content of the proposed
     amendments and the forum for debate concerning those
     amendments. There is no indication that the General
     Assembly expected affected citizens to engage in legal
     research in order to decide whether to participate in
     the hearing or to decide what their interests may be
     in a proposed amendment.



     1
       The trial court held that the Board had failed to provide
any "descriptive summary" of the environmental overlay district
amendments. Therefore, the trial court declared the ZOAs
relating to those districts void ab initio. The court severed
those amendments from the remainder of the ZOAs, and they are
not part of this appeal.

                                   11
     In Glazebrook, the challenged public hearing notices stated

only that the "development standards" for certain specified

zoning districts in a county would be amended.    266 Va. at 556,

587 S.E.2d at 592.     We explained that the term "development

standards," as used in the county's ordinance, was "a heading

within which are a number of subheadings describing specific

regulations."    Id.

     We held, in Glazebrook, that

     the notice published by the Board did not contain a
     sufficiently descriptive summary of the proposed
     amendments to the . . . County zoning ordinances. No
     citizen could reasonably determine, from the notice,
     whether he or she was affected by the proposed
     amendments except in the most general sense of being
     located in a particular type of zoning district. Nor
     could a citizen determine whether the proposed
     amendments affected zoning issues that were of
     interest or concern to the citizen. Given the number
     of issues subsumed under the heading "development
     standards," using that heading as a descriptive
     summary fails to inform citizens of the universe of
     possible zoning ordinance amendments in any meaningful
     way.

Id., 587 S.E.2d at 592-93.

                                  (1)

     In the present case, the public hearing notices listed a

number of "[p]rovisions that [were] proposed to be added or

amended."   One of the proposals was titled "Provisions to

implement the Conservation Design policies in the Revised

General Plan."   This is the only reference to "Conservation

Design policies" stated in the notices.    The complainants


                                  12
contend that this statement, standing alone, does not constitute

a "descriptive summary" as required by Code § 15.2-2204(A), and

we agree.

     The name of the policies (i.e., "Conservation Design")

provides the only clue regarding the Board's proposed action.

There is no description or summary of the content of those

policies, and the notices do not indicate the particular areas

of the County that would be affected by the proposed policies. 2

Clearly, the lone statement fails to cover the main points in a

manner that informs the public regarding the content of the

policies and the affected areas of the County.   We hold,

therefore, that the statement in the notices fails to satisfy

the "descriptive summary" requirement of Code § 15.2-2204(A), as

defined and explicated in Glazebrook, and that the trial court

erred in holding that the notices were satisfactory in this

regard.

                               (2)

     The complainants also contend that the public hearing

notices contained an inadequate description of the areas of the

County proposed to be rezoned to the AR-1 and AR-2 districts.

     2
       According to complainants, the Conservation Design
regulations impose significant restrictions on landowners'
ability to develop their properties in the following districts:
AR-1, AR-2, JLMA, and Transitional Residential. These districts
encompass approximately two-thirds of the area of the County.



                                13
The notices state that "most of" the existing A-3, A-10, and CR

properties "in the western portion of the County" would be

redesignated to either AR-1 or AR-2 zoning districts.

     In setting forth a description of the areas proposed to be

rezoned, the Board failed to state any specific geographic

boundaries or landmarks that would have allowed the public to

ascertain the areas that would be affected by these amendments.

Thus, landowners were compelled to try to determine what the

Board meant by "most of . . . the western portion of the

County."   In addition, the description also proved to be

inaccurate and misleading, as shown by the new zoning map that

became effective when the Board adopted the ZOAs.   The new

zoning map shows that the areas now zoned AR-1 and AR-2,

described as located in the western portion of the County,

actually extended as far east as the northeastern border of the

County along the Potomac River.

     We said, in Glazebrook, that a citizen must be able

"reasonably [to] determine, from the notice, whether he or she

was affected by the proposed amendments."   266 Va. at 556, 587

S.E.2d at 592.   A citizen could not reasonably make that

determination from the description at issue in the present case.

We hold, therefore, that, for this reason, the public hearing



The County contends that the regulations "do not in themselves
impose any zoning restrictions affecting the use of the land."

                                  14
notices, as to the areas of the County affected by the rezoning

to the AR-1 and AR-2 districts, failed to satisfy the

requirements of Code § 15.2-2204(A).   Thus, the trial court

erred in holding that the notices were satisfactory in this

regard.

                                  B

                                 (1)

       We next consider the complainants' contention that the

public hearing notices were defective because the notices stated

that the Board would hold public hearings to "consider" the

proposed zoning amendments.   The complainants assert that Code

§ 15.2-2204(A) required the Board to publish notice of its

intention to "adopt," not merely to "consider," the proposed

amendments.

       In rejecting this contention, the trial court concluded

that

       the use of the word "consider", when read with the
       remaining provisions of the publication, denotes the
       same deliberative process as acting upon the proposed
       amendments. No particular words are required to
       satisfy the statute. It may be reasonably inferred
       that the Board intended to take some action as to the
       proposed amendments and that action would be favorable
       to the adoption of the amendments.

We agree with the trial court and reject the complainants'

contention.

                                 (2)



                                 15
     We now consider the complainants' contention regarding

notice of the availability for review of the proposed zoning

amendments.   Code § 15.2-2204(A) provides, inter alia, that the

advertisement "shall contain . . . a reference to the place or

places within the locality where copies of the proposed plans,

ordinances or amendments may be examined."     (Emphasis added.)

The advertisement in the present case stated that "full and

complete copies of the . . . applications and related documents

may be examined in the Loudoun County Building and Development

Department, 1 Harrison Street, S.E., 2nd Floor, Leesburg,

Virginia."    (Emphasis added.)   The complainants contend that,

because the Board failed to use the statutory language and used

the term "applications and related documents," the advertisement

failed to satisfy the requirements of Code § 15.2-2204(A).    We

do not agree.   Again, we agree with the trial court's

conclusion:

          While the notice should have referenced the
     ". . . place or places within the locality where
     copies of the proposed plans, ordinances or amendments
     may be examined", the failure to so state is not fatal
     to the amendments. A fair reading of the notice would
     indicate that the full text of the amendments and map
     was available at the Building and Development Office.

                                  IV

     Finally, we consider whether the Board was required to

publish, in addition to the notice prescribed by Code §§ 15.2-

2204(A) and –2285(C), the notice mandated by Code § 15.2-


                                  16
1427(F).   The complainants contend that the Board was required

to publish such notice.   The County, on the other hand, contends

that zoning ordinances are governed solely by Code §§ 15.2-

2204(A) and –2285(C), which apply specifically to zoning.

     Code § 15.2-2285 is the enabling statute for zoning

ordinances.   Subsection C thereof reads, in pertinent part, as

follows:

          Before approving and adopting any zoning
     ordinance or amendment thereof, the governing body
     shall hold at least one public hearing thereon,
     pursuant to public notice as required by § 15.2-2204,
     after which the governing body may make appropriate
     changes or corrections in the ordinance or proposed
     amendment. . . . However, no land may be zoned to a
     more intensive use classification than was contained
     in the public notice without an additional public
     hearing after notice required by § 15.2-2204. Zoning
     ordinances shall be enacted in the same manner as all
     other ordinances.

(Emphasis added.)

     Code § 15.2-1427(F) prescribes the general procedures for

advertising the proposed adoption, amendment, or repeal of an

ordinance.    It reads, in pertinent part, as follows:

          In counties, except as otherwise authorized by
     law, no ordinance shall be passed until after
     descriptive notice of an intention to propose the
     ordinance for passage has been published once a week
     for two successive weeks prior to its passage in a
     newspaper having a general circulation in the
     county. . . . The publication shall include a
     statement either that the publication contains the
     full text of the ordinance or that a copy of the full
     text of the ordinance is on file in the clerk's office
     of the circuit court of the county or in the office of
     the county administrator.


                                 17
(Emphasis added.)

     The complainants rely on the statement in Code § 15.2-2285

mandating that "[z]oning ordinances shall be enacted in the same

manner as all other ordinances."      They claim that the adoption

of a zoning ordinance requires a two-step notice procedure;

i.e., notice of public hearings under Code §§ 15.2-2204 and -

2285 and notice of adoption under Code § 15.2-1427(F).

     The County relies upon the language in Code § 15.2-1427(F)

which states that it shall apply "except as otherwise authorized

by law."   Zoning matters, the County asserts, are otherwise

authorized by Code §§ 15.2-2204 and –2285.

     It is firmly established that, "when one statute speaks to

a subject generally and another deals with an element of that

subject specifically, the statutes will be harmonized, if

possible, and if they conflict, the more specific statute

prevails."    Commonwealth v. Brown, 259 Va. 697, 706, 529 S.E.2d

96, 101 (2000).   This is so because "a specific statute cannot

be controlled or nullified by a statute of general application

unless the legislature clearly intended such a result."      Id.

     Code §§ 15.2-2204 and –2285 address the notice and hearing

requirements as they relate specifically and in detail to zoning

ordinances.   Code § 15.2-1427(F), on the other hand, applies

generally to county ordinances "except as otherwise authorized

by law."   We conclude, therefore, that Code § 15.2-1427(F), a


                                 18
statute of general application, does not apply to the adoption

of zoning ordinances.   Accordingly, in the present case, we hold

that the Board was not required to comply with Code § 15.2-

1427(F) and that the trial court was correct in so ruling.

                                 V

     In sum, we will reverse the trial court's rulings with

respect to the sufficiency of the descriptive summaries in the

public hearing notices as they related to the "Conservation

Design policies" and to the areas of the County affected by the

rezoning to AR-1 and AR-2 districts.   In all other respects, we

will affirm the trial court.   We will remand for further

proceedings consistent with this opinion.

                                                 Affirmed in part,
                                                 reversed in part,
                                                 and remanded.




                                19