Board of Supervisors Meeting Date:


MCC/LLC, Owner/Applicant



October 13, 2005


Staff Lead:


Melissa Dargis, Assistant Chief of Planning



Community Development


Magisterial District:


Scott District




7906-32-1665-000 & 7906-32-3745-000



A Resolution to Deny REZN05-SC-013, A Rezoning Request to Amend the Existing Proffer Statement, Jammin Joe’s BBQ


Topic Description: 


The rezoning proposal requests to modify the existing proffer statement of the approved Rezoning 97-S-06, Charles W. Moore Property – Village of New Baltimore approved on August 28, 1997.  The proposed change use addition would then allow the applicant to operate in compliance with the Fauquier County Zoning Ordinance regulations for its approved Jammin Joe’s BBQ Special Permit (9/16/2003).


Project Update:


On May 26, 2005, the Planning Commission forwarded this item with a recommendation of approval to the Board of Supervisors.  However, per staff recommendation, the application was delayed for Board public hearing so that the applicant would have time to prepare a new plat to accurately reflect the uses at the site.  The applicant agreed to this postponement to work out this application refinement.


After the May Planning Commission meeting, both Zoning and Planning staff met with the applicant to discuss the uses at the site and what the Fauquier County Zoning Ordinance requirements are for Rezoning Plat submittal.  The applicant indicated that by the end of the summer a new plat could be prepared.  A plat titled “Jammin Joe’s BBQ, LLC: Minor Site Plan Amendment” was received in the Planning Office on September 22, 2005.  This plat was reviewed by the Zoning and Planning Offices and determined to be incomplete.  It does not meet the standards set forth in Article 12 or Section 13-200, part 2, of the Fauquier County Zoning Ordinance.  A new submittal, in compliance with the aforementioned Zoning Ordinance standards is required.


In addition, the Zoning Office has indicated its intention to seek an enforcement action against the applicant.  The uses at the site do not conform to the approved Site Plan for the properties.


Project Background:


This application and its existing proffers pertain to two (2) parcels located along Lee Highway that total approximately 2.26 acres.  The parcels are zoned Commercial Village with proffers.    


The applicant proposes either to remove all of the existing proffers from the Rezoning 97-S-06, Charles W. Moore Property – Village of New Baltimore, August 28, 1997 or to allow the following text amendment to the proffers under the Land Use section:


One portable carry-out restaurant, not to exceed 375 square feet.  The number of employees shall be subject to the same conditions as C(1) above.


Staff notes that the conditions in C(1) of the proffers state that the actual number of employees allowed shall be determined at the time of site plan review and approval based on the availability of on-site water and septage disposal systems as approved by the Health Department.  The original approved proffers are provided as an attachment.


Regarding the overall request, staff does not endorse removal of the existing proffers entirely for these parcels, but instead would concur with Planning Commission to amend the existing proffers to allow for the proposed uses. 


Requested Action of the Board of Supervisors:


Conduct a public hearing and consider adoption of the attached resolution.


Planning Commission Recommendation:


On May 26, 2005 the Planning Commission recommended approval of this item subject to submittal of a modified Rezoning Plat which accurately reflected the uses at the site.


 Financial Impact Analysis:




Land Area, Location and Zoning:    


The property is located at 5282 Lee Highway (Route 15/29/211).  It is zoned Commercial-Village (CV).  A map of the property is shown below.





Neighboring Zoning/Land Use:


The surrounding properties are zoned Village (V) and the property has some frontage on Lee Highway.


Staff Analysis

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. 


The 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. 


The 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.




If disturbance exceeds 10,000 square feet, SWM/BMP will be required.


Health Department:


There are two wells and one septic system on this property.


Septic System


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.


Emergency Services:


No 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:

Staff asks 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.


The 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.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Department of Community Development

Virginia Department of Health



  1. Project Plat
  2. Statement of Justification
  3. Original Proffers
  4. Zoning Staff Report dated Oct. 5, 2005