Owner/Applicant:                                         Board of Supervisors Meeting Date:

Hunters Head, LC                                                                                  July 21, 2003

Staff Lead:                                                                                            Department:

Robert C. Counts                                                                   Community Development

Magisterial District: Marshall                                                                         PIN(s):

Service District: None                                                                 6054-95-8361-000


An Ordinance Approving RZ03-M-13: An Amendment to a Proffered Condition to Lengthen the Hours of Operation by Increasing the Time of Last Service Call by One Hour, Hunters Head, LC, Owner and Applicant        

Topic Description:

In July of 1999, the Fauquier County Board of Supervisors approved a rezoning of a portion of the subject property from the Village (V) zoning district to the Commercial Village (CV) zoning district. The primary purpose of this rezoning was to allow a retail sales establishment involving the sale of locally produced agricultural products, foods, wines, and beverages, including an eating establishment for the consumption of these and other items. As part of that Rezoning, the Applicant proffered the following limitation on the hours of operation:

3.   LIMITATIONS OF HOURS OF OPERATIONS: Applicant proffers a limitation on hours of operation as follows:

A. Last service, or last call for the service of food or alcoholic beverage, in any eating establishment on the premises shall be 10:00 p.m.

The Applicant is now seeking to increase the allowed hours of operation by amending this single proffered condition to read as follows:

3.   LIMITATIONS OF HOURS OF OPERATIONS: Applicant proffers a limitation on hours of operation as follows:

A.     Last service, or last call for the service of food or alcoholic beverage, in any eating establishment on the premises on Wednesday, Thursday, Friday and Saturday shall be 10:00 p.m. 10:00 11:00 p.m.   Last service for operations occurring on other days of the week will remain at 10:00 p.m.

If approved, this proffer amendment will allow a four (4) hour increase in the weekly hours of operation for food establishments on this site.

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Since the Planning Commissions meeting in May, the Applicant has taken steps to resolve the issues related to the wastewater system and the Health Department has inspected the system and conducted tests to determine system function and effluent quality. However, at the time of this report, the Health Department had not obtained enough information to either certify system function or approve the expanded use that would result from the requested proffer amendment.

Summary and Recommendation:

The Applicants proposal to increase the hours of service does not, in itself, present a significant departure from the existing proffered conditions. However, additional hours of service imply an increase in the number of customers served and, at least potentially, an increase in water that will be discharged into the facilitys wastewater treatment system. As noted above, the capacity and function of this system is in doubt at the time of the Planning Commissions consideration of this application. Without formal Health Department certification, those doubts remain.

The Planning Commission has forwarded a recommendation to the Board of Supervisors to approve the requested proffer amendment, but has suggested that the Board withhold such approval until the Applicant has fully addressed the Health Departments concerns and requirements.  Accordingly, staff recommends that the Board of Supervisors conduct the scheduled public hearing but postpone action on RZ03-M-13 until the issues relating to the wastewater system have been resolved. Staff has prepared an Ordinance of approval but suggests that the Board of Supervisors defer action on that Ordinance until the Applicant provides written documentation of the Health Departments concurrence with the proposed expansion of restaurants operating hours.


  1. 1998 Rezoning Exhibit

  2. Health Department Comments
  3. Revised Proffer Statement
  4. Approval Ordinance