A RESOLUTION TO APPROVE SPEX10-MA-008, SPEX10-MA-009, AND SPPT10-MA-012 – Lee Highway Nursery – Applicants Wish to Obtain a Category 18 Special Exception to Allow for a Farmer’s Market and a Category 9 Special Exception to Allow for Class “C” Events.  Applicants are also Requesting an Amendment to an Existing Special Permit

            WHEREAS, Lee Highway Nursery is seeking a Category 18 Special Exception to allow for a Farmer’s Market, a Category 9 Special Exception to allow for Class “C” Events, and an amendment to an existing Special Permit on PIN #6982-10-4663-000; and

             WHEREAS, the original Special Permit for the plant nursery/greenhouse was permitted by the Board of Supervisors in 1979; and

             WHEREAS, the Board of Zoning Appeals approved an expansion of the plant nursery/greenhouse in 1991; and

             WHEREAS, on March 25, 2010, the Fauquier County Planning Commission held the final public hearing on the Special Exception and Special Permit requests and unanimously recommended that the applications be approved, subject to conditions; and

            WHEREAS, on April 8, 2010, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

             WHEREAS, the Board of Supervisors has determined that the size and road frontage of the parcel will not cause an undue impact on the neighbors and will not adversely affect safety or road usage; and

            WHEREAS, the Board of Supervisors waives the requirement that the parcel contain the primary residence of the proprietor in accord with Section 5-1812 (7); and 

            WHEREAS, the Board of Supervisors concurred with the Planning Commission and agreed that the application satisfies the standards of Zoning Ordinance Articles 5-006, 5-916, 5-1804, and 5-1812; now, therefore, be it

             RESOLVED by the Fauquier County Board of Supervisors this 8th day of April 2010, That SPEX10-MA-008, SPEX10-MA-009 and SPPT10-MA-012 be, and are hereby, approved, subject to the following conditions:


1.      The property is approved for use as a Greenhouse/Nursery with Retail Sales, a Farmer’s Market, and Class “C” events, consistent with the materials submitted with this application including the Special Exception exhibit.  Adjustments to the layout shown on the plat may be made to comply with the following conditions or to meet Zoning Ordinance requirements.


2.      Sales shall be limited to the following items:

a.       Greenhouse/Nursery sales are limited to plants, shrubs, trees and other materials used in indoor or outdoor planting, as well as accessory items directly related to their care, maintenance, or aesthetic enhancement.  In no case shall power tools, motorized garden vehicles or machinery be sold on the property.  Hand tools, wheelbarrows, and retail sales associated with the greenhouse shall be permitted.

b.      All other sales shall meet the limitations for a farmer’s market, which shall include only agricultural products and accessory products directly related to the culture, care, use of or processing of agricultural products, to include pottery, baskets, baked goods, and similar type items.  At least 80% of the farmer’s market products sold on-site shall be grown or produced within Fauquier County.


3.      The repair, service, or sale and/or storage of parts and/or materials related to vehicles and non-vehicular equipment designed specifically for agricultural purposes, whether for use on a farm or in the transportation of farm related products, is strictly prohibited on-site.


4.      Access shall be from Route 1013 (Burke Lane) only.


5.      A site plan is required.


6.      Outdoor display of retail merchandise, equipment and/or materials related to all approved uses on-site shall be limited to the area identified on the approved site plan, unless amended with a future site plan.  The storage and/or display of such retail merchandise, equipment and/or material in designated parking spaces, travel ways, landscaped areas, or any required setback is prohibited.


7.      Permitted signage on the site shall consist of: a) permanent signage limited to thirty-two (32) square feet in area, and meeting all applicable Zoning Ordinance provisions, and b) one (1) temporary, portable sign up to twelve (12) square feet in size and six (6) feet in height for the purpose of advertising products available in conjunction with the farmer’s market business. Such temporary sign shall be displayed during business hours only. All permitted signage requires the appropriate County permits and signs shall not be displayed in the public right-of-way.  Should the sign ordinance be comprehensively amended in the future, the permanent and temporary signs shall be replaced within one year to conform to the new Zoning Ordinance requirements, provided that such requirements continue to permit a message board incorporated into the sign at this site.


8.      Class “C” events are approved for a maximum of five weekends during October, occurring from noon to 5:00 p.m. on Saturdays and Sundays.  Each event (Saturday and Sunday combined) shall have not more than 100 attendees, with a maximum of 50 individuals at any one time.  No amplified noise shall be permitted.  Permitted activities during the events are limited to hayrides, no more than two moon bounces, pumpkin patch or other like activities deemed similar and approved by the Zoning Administrator.


9.      Vendors are prohibited at the Class “C” events.


10.  No structure associated with the Class “C” events shall be located closer than 100 feet to any lot line.


11.  The special exception holder shall provide adequate security, emergency, traffic control, sanitation and refreshment services at every Class “C” event or activity.  At least thirty (30) days prior to holding a Class “C” event the holder of the special exception for the property upon which a Class “C” event will be held shall provide to the Zoning Administrator written proof, including copies of any permits or licenses if required, from the following agencies that control traffic, security, emergency services, and on-site sanitary and refreshment facilities are adequate for the size and type of event or activity to be held:


            Fauquier County Sheriff’s Office

            Virginia Department of Transportation

            Fauquier County Emergency Services Coordinator

            Fauquier County Health Department 

12.  The farmer’s market is limited to half of the existing 3,220 square foot building, or 1,610 square feet.


13.  The permits for the Greenhouse/Nursery with Retail Sales, a Farmer’s Market, and Class “C” events shall be limited as permitted by Section 5-008 of the Fauquier County Zoning Ordinance to a period of one year from the date of approval, but may be extended on an annual basis by the Zoning Administrator in accordance with the provisions of Section 5-012 of the Zoning Ordinance for four (4) annual extensions, for a total of five (5) years.  Thereafter, the permits must be renewed in accordance with Section 5-013 of the Zoning Ordinance.


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