Board of Supervisors Meeting Date: 

M3 Marshall Properties, LLC

March 13, 2008

Staff Lead:


Holly Meade, Senior Planner

Community Development


Magisterial District:    Marshall                                                                                                    PIN:

Service District: Marshall                                                                                                                    6979-29-9361-000


A Resolution to Approve SPEX06-MA-004, a Category 14 Special Exception to Allow Certain Motor Vehicle Related Uses in an I-2 Zoning District - M3 Marshall Properties, LLC


Topic Description:

The applicant is requesting Special Exception approval to allow for storage of Recreational Vehicles (RVs) on the property.  The applicant is proposing to use approximately 4.5 acres of the ten-acre site for the storage of up to one hundred thirty (130) RVs.  In addition, he would like to use the same area for a motor vehicle impoundment yard, or towing business, with a maximum of ten (10) vehicles.   The motor vehicle impoundment yard is a use allowed by right in the Industrial (I-2) zoning district.

The applicant states the use will not encompass repair, maintenance, leasing or sales of RVs or RV-related services or merchandise.  In addition, no dumping, camping or overnight stays will be allowed on the property. 


Location,  Zoning and Current Land Use:

The property is located on the west side of Whiting Road, south of its intersection with Route 55.  The parcel is zoned Industrial (I-2).   A zoning map is located below.

Surrounding Zoning and Current Land Use:

The subject property is bound by Industrial (I-2) to the north, east and south.  The west side is bound by Industrial (I-1).  The property to the north, south and west is vacant and property east across the street is a concrete plant operated by Crider and Shockey.

Site History:

In December 2004 the owner, Mr. McKenny, submitted a Zoning Ordinance Text amendment to allow certain industrial uses in the I-2 zoning district, specifically repair and recreational vehicle storage.  In May 2005 the Board of Supervisors approved a text amendment to allow recreational vehicle storage in the I-2 zoning district with Special Exception approval.

Comprehensive Plan/Land Use:

The Fauquier County Comprehensive Plan designates the eastern portion of this site industrial and the western portion low density residential (see map below).  However, the property is located in Phase 1a of the phasing plan for development and infrastructure within the Marshall Service District.  The Comprehensive Plan envisions interim land uses which may have lower densities and intensities in accord with current market demand, road capacity and utility availability.  

The parcel is located outside the Marshall sewer and water service areas as shown in the Comprehensive Plan.  The owner will not require public water or sewer for this proposed use.   The applicant has indicated this would be a temporary use until such time as water and sewer became available.  The Planning Commission could limit the length of the Special Exception by condition. 


Figure 12 in the Marshall Comprehensive Plan, Ultimate Future Road Network, shows a Comprehensively Planned road across this property.  The applicant shows an existing 50-foot ingress/egress easement on the Special Exception plat, running east to west.  The Zoning Office has suggested that if this is a Comprehensive Plan Road, it will have to be dedicated with site plan approval.  The applicant is aware that fifty (50) feet may not be enough right-of-way for the Comprehensive Plan Road.  Proposed access will be from a new commercial entrance on Whiting Road (Route 622).

Staff has worked with the owner and the Marshall District Commissioner and Supervisor to develop a condition requiring a fifty-foot reservation of right-of-way across the McKenny property. This condition reinforces an agreement between Mr. McKenny and Mr. Leachmen, stating they will provide dedication of right-of-way to serve both properties once permanent uses are developed. 

Special Exception Analysis:

The application appears to be consistent with the General Standards for Special Exceptions outlined in Section 5-006 of the Zoning Ordinance and the submission requirements outlined in Section 5-011.  Section 15-1401 of the Zoning Ordinance states that “…uses shall be located and designed so that vehicular circulation shall not conflict with traffic movements in the adjacent streets, service drives, driveways and/or parking areas.”

Site Suitability/Environment:

A wetlands Jurisdictional Determination was issued by the Army Corps of Engineers on September 26, 2005.  These wetlands have been field located and are shown on the Special Exception plat.  A copy of the letter is included as Attachment 3.

Staff and Review Agency Comments: 

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  The comments, and an analysis of how the comments have been addressed, are included as Attachment 4.  Outstanding issues have been resolved.

Planning Commission Action:

On February 28, 2008 the Fauquier County Planning Commission unanimously approved the Special Exception subject to the conditions included herein.


Requested Action of the Board of Supervisors: 

Board of Supervisors should conduct a public hearing.


If the Board of Supervisors wishes to act, Conditions of Approval, as recommended by the Planning Commission are provided below:

1.      The use shall not encompass repair, maintenance, leasing or sales of RVs or RV-related services or merchandise. 

2.      No dumping, camping or overnight stays shall be allowed on the property.

3.      Applicant shall ensure by contracts with those using the facility that only operable recreational vehicles shall be allowed on the premises.

4.      The area to be utilized for storage shall be relocated entirely outside of all required yards. 

5.      The proposed use shall be completely screened from view.  Twenty-five feet of dense mature trees shall be preserved surrounding the use area as defined on the site plan, with additional evergreen plantings where required, to completely screen the use from view.  A six-foot high chain link fence, with vinyl slats compatible with the fence installed on the sides facing the north and east propery lines,  shall be constructed behind the twenty-five foot buffer.   

6.      A 20-foot buffer shall be provided for any portion of the parking area that drains directly into the wetlands without some type of water quality treatment.

7.      No portion of the storage area shall be within the 10-year water surface elevation of the drainage channel that is just west of the storage area.

8.      The site plan for this project shall show the proposed road improvements that are shown on the approved “Whiting Road” site plan (site plan amendment SPAM06-MA-004 for R & G Reload).

9.      Right-of-way information for property owned by Whiting Road, LLC (former PIN 6979-28-8585-000, new PIN’s 6979-38-1920-000, 6979-38-0570-000, and 6979-28-7192-000) shall be shown on the site plan.

10.  The area of entrance to be paved shall be shown on site plan.

11.  A right-of-way dedication, 50 feet from centerline along Whiting Road (Route 622), shall be required for future road improvements prior to site plan approval for this project.

12.  The vehicles per day shall be shown on the site plan.

13.  The storage area shall be moved approximately 50 feet from the wetlands, toward Whiting Road (Route 622), out of hydric soil 110A to reduce parking in the shrink/swell soils.

14.  The Special Exception shall be granted for a period of five (5) years with two three-year administrative extensions approved by the Zoning Administrator in accord with Section 5-012 of the Zoning Ordinance.

15.  The area shown along the southern property line in the 50 foot ingress/egress easement shall be reserved for future dedication at no cost to the county.  A reservation plat shall be submitted for approval and recorded prior to site plan release for this use.  M3 Marshall Properties shall not be obligated to design or build any portion of the road, with the exception of the required VDOT commercial entrance, within the reserved right-of-way with this Special Exception for recreational vehicular storage.


Identify any other Departments, Organizations or Individuals that would be affected by this request:


Commissioner of the Revenue

Department of Economic Development


1.                  Statement of Justification

2.                  Special Exception Plat, dated November 21, 2007

3.                  Jurisdictional Determination letter

4.                  Review Agency Comments


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