A Resolution to DENY REZN05-SC-013, A Rezoning Request to Amend the Existing Proffer Statement, JAMMIN JOE’S BBQ

            WHEREAS, MCC/LLC, owner/applicant, applicant, has requested to amend the existing proffer statement to allow for a use not currently permitted by the existing proffers on the parcels identified by PINs 7906-32-1665-000 and 7906-32-3745-000; and

WHEREAS, the requested application consisting would allow the applicant to comply with its approved Special Permit (September 16, 2003); and


WHEREAS, on May 26, 2005, the Planning Commission held a public hearing on all of the applications and voted to recommend approval of the Rezoning request; and


WHEREAS, due to a change of circumstances, staff recommends denial of the Rezoning request to the Board of Supervisors for the following reasons:


1.      The proposal does not meet the standards set forth in Article 12 or Section 13-200, part 2 of the Fauquier County Zoning Ordinance.


2.      The applicant did not fulfill Planning Commission and staff request for a plat submittal to reflect the uses at the site. The plat submitted is incomplete.

; and


            WHEREAS, on May 26, 2005, the Planning Commission considered the Rezoning request and recommended that the Board of Supervisors approve the application; and


            WHERAS, due to a change in circumstances; the applicant did not fulfill Planning Commission’s request for a new plat, staff recommends denial of this item; and


            WHEREAS, on October 13, 2005, the Fauquier County Board of Supervisors conducted a public hearing and considered the written and oral testimony; and

WHEREAS, the Fauquier County Board of Supervisors concurred with the judgment of staff and finds that the Rezoning request is not warranted and the applicant has not met the Fauquier County Zoning Ordinance Standards of Article 12 nor the specific standards of Section 13-200, part 2; now, therefore, be it

              RESOLVED by the Fauquier County Board of Supervisors this 13th day of October 2005, That Rezoning request REZN05-SC-013, MCC, LLC, owner/applicant, be, and is hereby, denied.