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. Findings, comments, and recommendations are
summarized below. The actual responses from referral
agencies are available upon request.
The Zoning office offers the following comments:
Background: On September 16, 2003, the Jammin Joe’s BBQ
(formerly Smokin’ Joe’s BBQ) was approved by Special
Permit. In 2004, the owner of the establishment sought to
amend the Special Permit approval to allow outdoor seating
for the restaurant. At the time of the proposed amendment,
it was determined that zoning proffers on the property
prohibit any restaurant on the site, and, therefore the
original restaurant application should not have been
accepted, processed or approved by the County.
applicant was therefore advised that no application to
expand the existing restaurant by adding outdoor seating
could be processed or approved without a change to the
proffers. In addition, in order to rectify the original
staff error in allowing the processing and approval of the
restaurant, staff encouraged the applicant to seek an
amendment to the proffers to allow the existing restaurant
to legally stay on the property.
proposed proffer amendment would allow the existing
restaurant to operate legally at the site and would allow
the application to pursue the Special Permit amendment
necessary to accommodate the proposed outdoor seating.
disturbance exceeds 10,000 square feet, SWM/BMP will be
There are two wells and one septic system on this property.
The septic system is a pump system with no Health
Department permit, inspection, nor approval. The Health
Department is willing to let this system serve this property
until a problem is observed.
The well serving the gift shop shall be upgraded to serve a
food permit issue. This upgrade will be completed within
the next 60 days. In the future, the second well may serve
the BBQ structure.
exceptions noted providing the properly sized fire
extinguisher(s) are provided for the cooking operation.
The Warrenton Residency staff reviewed the above referenced
rezoning dated February 3, 2005 and has no comments.
Summary and Recommendations:
the Board to consider action to deny this application due to
unfulfilled expectations and directions at the Planning
Commission stage. Staff considers this action justified
since the applicant has not complied with the Planning
Commission and staff request to produce an accurate
Rezoning/Site Plan for the site.
applicant had several months to prepare and provide these
materials. When finally submitted, the plat had not changed
to reflect the format required in the Zoning Ordinance, nor
did it reflect the uses at the site. Some of the
outstanding issues are, but are not limited to: clearly
identifying all of the uses at the site; the overall
quantity of parking required for the three (3) business on
the site; the possibility that uses are spilling over onto
adjacent property and potentially are located within VDOT
right-of-way; non-compliance with the rezoning checklist
requirements; and the overall lack of detail such as plan
notes or identification labels on Rezoning plat.