Owner/Applicant:                                                       Board Meeting Date:

Fauquier Heritage and Preservation                               January 21, 2003

Foundation, Inc.

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District:  Marshall                                    PIN(s):

Service District: Marshall                                            6969-68-7960-000


An Ordinance Approving Rezoning Application RZ03-M-08, Marshall District , Fauquier Heritage and Preservation Foundation, Inc., Applicant, Pin: 6969-68-7960-000

Topic Description:

This rezoning request is an amendment to the previously approved proffer conditions to allow development of a transportation museum on the site. On December 17, 1985 , the Fauquier County Board of Supervisors rezoned the subject property to its current C-1 zoning district. At the time of that rezoning, the applicant proffered that no modification would be made to the existing, original stone structure that would detract from its historical value. The proffers also stipulated that the use of the structure would be for offices only (emphasis added) and parking associated with office use.

Subsequent to the rezoning of the property, the applicant obtained funding in the amount of $395,000 from a TEA-21 grant, administered by the Virginia Department of Transportation, to develop a transportation museum on the subject property. While the C-1 zoning district allows this proposed use by Special Permit through the Board of Zoning Appeals; the specific limitations imposed by the current proffers (i.e. offices only) will not allow the issuance of the needed Special Permit; therefore, in order to continue with the development of the proposed transportation museum, the applicant is seeking to amend the current proffered conditions.

Proposed Amended Proffer Conditions

The applicant proposed the following proffered conditions. It should be noted that the first two conditions are identical to the existing proffered conditions. Only the third condition has been modified to allow for the development of a proposed museum on the site.

  1. No modification will be made to the original stone structure that would detract from its historical value.
  2. If contracted for sale, Fauquier County or any other public and/or private civic organization will be given a 30-day right of refusal on the property.
  3. Use of the structure will be for offices only, a library, a visitors’ center, and a museum, and parking associated with offices these uses.

The Foundation would also proffer that in the event the existing proffers on the subject property are revised as proffered herein, then the development of the property shall be in conformance with these Revised Proffers pursuant to Section 15.2-2298 B, et seq. of the Code of Virginia, as an amended, and applicable section of the Fauquier Zoning Ordinance, unless further amendment or deletion of these proffers shall be agreed to by the Board of Supervisors or assigns. The applicant also stipulates that these conditions are subscribed to voluntarily.

Land Area, Location and Zoning:                                                    

The property consists of 0.589 acres zoned C-1 (Commercial-Neighborhood). It is located on Virginia Route 17 ( Winchester Road/John Marshall Highway ) southwest of its intersection with Route 55 ( Main Street ) in Marshall , Virginia .

Neighboring Zoning/Land Use:

C-1 zoning and related uses surround the property. There is residential zoning (R-4) and land use in the immediate vicinity, but the primary orientation of the subject property is toward the existing business district on Route 55.

Requested Action of the Board of Supervisors:

Conduct a public hearing for citizen comment and consider adoption of the attached Ordinance.

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Their comments are summarized below.

Compliance With Comprehensive Plan and Zoning

If a Special Permit is obtained, the proposed use is consistent with both the zoning and planned land use for the area. Only the current proffer conditions preclude consideration of a Special Permit.

Additional Zoning-Related Comments

1.                  In accordance with Sections 3-200.2 of the Fauquier County Zoning Ordinance, the existing district is designed for a town center type district allowing neighborhood commercial activities and some residential uses. 

2.                  An existing 30-foot ingress/egress easement is located on the southeastern portion of the property where the existing shared entrance exists.  The proposed structure may need to be relocated to meet minimum yard requirements.

3.                  There appears to be an ingress/egress easement located on the southwestern portion of the property along the rear of the proposed structure.  The proposed structure may need to be relocated to meet minimum yard requirements.

4.                  Approval of a Major Site Plan will be required prior to obtaining building and zoning permits.  The amended proffered conditions must be on the site plan.

5.                  In accordance with Article 7 of the Fauquier County Zoning Ordinance, the use intensity calculations for a museum are less than for office use. Accordingly, the proposed use would require less parking and generate fewer vehicular trips.

6.                  All easements plats must be approved by the Department of Community Development and recorded in the County land records. Easements must also be shown on the Major Site Plan prepared for the proposed use. 

7.                  This property is located in the Marshal Service District.  No wells or septic system are shown on site.  Public water and sewer service must be obtained to develop this site.


Engineering Considerations

The Engineering Division reviewed the referenced rezoning plan and had the following comments:

1.                  The 10/2/02 draft of the Marshall Comprehensive Plan shows a new road along the southern property line where the 30-foot ingress/egress easement is shown.  If a 50’ right-of-way is needed for this road it will affect the parking, parking islands and proposed exhibit area.  County records also show a Town Centre Drive running along the west property line.

2.                  The CDP shows parking islands in the 30-foot ingress / egress easement.  A determination should be made as to who has the right to use this easement prior to allowing construction within the easement.

3.                  SWM/BMP’s will be required.


The Warrenton VDOT Residency staff reviewed the referenced rezoning application.  Provided that subsequent comments on the site plan are addressed, VDOT had no comments on the proposed rezoning.

Summary and Staff Recommendation:

Staff review of this proposed rezoning has identified a number of technical issues that must be addressed during the development of the property. However, these issues are more appropriately addressed in the review of a major site plan and the consideration of a Special Permit before the Board of Zoning Appeals. The proposed proffer amendment simply removes specific limitations and allows additional review of the proposed use to take place. Accordingly, staff recommended that the Planning Commission forward a recommendation of approval of RZ03-M-08 to the Board of Supervisors.

Planning Commission Recommendation

On December 19, 2002 , the Planning Commission conducted a work session discussion and a public hearing on this application. Following the public hearing, the Planning Commission voted to forward rezoning application RZ03-M-08 to the Board of Supervisors with a recommendation of approval.


1.      Marshall Transportation Museum Rezoning Plat

2.      Marshall Transportation Museum Concept Plan



WHEREAS, on December 17, 1985 , the subject property was rezoned to its current C-1 zoning district; and

WHEREAS, as part of that rezoning, the applicant proffered to limit the use of structures to offices only; and

WHEREAS, subsequent to that rezoning, the applicant received TEA-21 funding in the amount of $395,000 to develop a transportation museum on the subject property; and

WHEREAS, except for the existing proffer condition, the current zoning allows for the development of a museum by Special Permit; and

WHEREAS, proposed rezoning RZ03-M-08 deletes the proffer language limiting the use to office only, and specifically adds a museum as an allowable use; and

WHEREAS, at its meeting on December 19, 2002, the Planning Commission conducted a public hearing on RZ03-M-08 and voted to forward a recommendation for its approval to the Board of Supervisors; and

WHEREAS, the Board of Supervisors finds that the public necessity, convenience, general welfare and good zoning practice requires approval of the proposed rezoning; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 21st day of January 2003, That Rezoning RZ03-M-08, Fauquier Heritage And Preservation Foundation, Inc. be, and is hereby, approved subject to the revised Concept Development Plan and Proffer Statement.