ORDINANCE

AN ORDINANCE TO APPROVE 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, HUNTERíS HEAD, LC, OWNER AND APPLICANT

WHEREAS, in July of 1999, the Fauquier County Board of Supervisors approved a rezoning of a portion of the Applicantís property from the Village (V) zoning district to the Commercial Village (CV) zoning district; and

WHEREAS, 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; and

WHEREAS, as part of this rezoning, the Applicant proffered the following limitation on the hours of operation: 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. ; and

WHEREAS, the Applicant is now seeking to increase the allowed hours of operation by amending this single proffered condition; and

WHEREAS, the Planning Commission has conducted a public hearing on rezoning request RZ03-M-13 and has recommended its approval; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 21st day of July 2003, That RZ03-M-13 be, and is hereby, approved subject to the Revised Proffer Statement dated July10, 2003, which limits the hours of operation.