Board of Supervisors Meeting Date:

17/66, LLC


November 8, 2007

Staff Lead:
Holly Meade, Senior Planner

Community Development


Magisterial District: Marshall
Service District:




A Resolution to Approve Special Exception SPEX08-MA-002, 17/66, LLC (Mills Property)


Project Information: 

Applicant wishes to obtain a Category 13 Special Exception to allow a drive-though facility for a financial institution.  The owner, 17/66, LLC, is requesting a Category 13 Special Exception approval for a financial institution’s drive-through facility.  The property contains approximately 1.78 acres and was recently rezoned by the Fauquier County Board of Supervisors from Residential (R-4) to Commercial (C-2).  The Concept Development Plan approved as part of the rezoning application on June 14, 2007 did include the three-lane drive-through associated with the anticipated bank.  However, any drive-through facility in conjunction with commercial business requires Special Exception approval in the C-2 zoning district.  

In the Statement of Justification, the applicant indicates the hours of operation will be normal banking hours.  The number of customers and employees is yet to be determined by the applicant, but the operator of the drive-through will be a financial institution and is required to be qualified and licensed by the Virginia State Corporation Commission and other federal and state governmental authorities which regulate the banking industry.  As reiterated in the approved proffers associated with the rezoning of the property, the property will be served by public sanitary sewer and water, and the Applicant is responsible for the costs and construction of those on- and off-site improvements.   

The applicant included a rendering of the building with the rezoning and again with this application.  The proffers tie the architectural style and materials of the building to this elevation. 

Location, Zoning and Current Land Use: 

The property is located at the southeast quadrant of the intersection of Winchester Road (Route 17) and Route 622.  This property was rezoned on June 14, 2007 from Residential (R-4) to Commercial Highway (C-2).  At the same time, the Comprehensive Plan designation was changed from Low Density Residential (1 to 3 units per acre) to Mixed Use.   The property is currently vacant.  A map of the area is shown below with the parcel cross-hatched: 

17/66 L.L.C. Land Use Map 

 Surrounding Zoning and Current Land Use: 

The property is bounded by C-2 zoning to the north and R-4 to the east, south and west.  McDonald’s is located to the north, with other surrounding parcels being used for residential purposes or vacant.  

Staff and Review Agency Comments: 

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.  Staff and referral agency findings, comments, and recommendations are summarized below.  (Staff notes indicating how the comments have been addressed are included in bold italics.)  The actual responses from referral agencies are available upon request. 


The Marshall Service District Plan sets forth key principles regarding business development and the vitality of its Main Street.  The Plan states:  “The community has determined that new development should be focused in and around the village core, along Main Street, and that all new development should serve to reinforce the vitality of Main Street, rather than compete with it or undermine it.  Thus, the core of Marshall will continue to serve as the market center and economic engine of surrounding agricultural and rural residential area, and to serve as a central meeting place for local residents, employees, and visitors.”  

The Special Exception request is in conformance with the approved rezoning plat (REZN05-MA-018) and the recently amended Comprehensive Plan. 


1.      The plan must comply with Article 5-006 General Standards for all Special Exceptions.

(Included as a condition.) 

2.      The plan must comply with the provisions in Article 12 of the Zoning Ordinance.  Such provisions will be reviewed with the Major Site Plan application.  However, the following items should be addressed at this time:  

    1. The Article 7-604.i.2 requires a 30 foot dense evergreen tree screen be provided when adjacent to residential zoning districts.  The property to the East, South and West are zoned R4.  Additional screening will be required to adequately screen the proposed use.   The board may require additional screening.
    1. Sidewalks are required to provide pedestrian access to and from the site and to adjacent sites.  Additional sidewalk will be required along Rt. 622 Extended Access Road.

(Included as a condition.) 

3.      The proposed interparcel access easement should be lined up consistent with existing travel ways and proposed entrance to provide an even connectivity between parcels.  In addition, parking should be located in a manner to not obscure such travel. 

(Included as a condition.)


Summary and Recommendation: 

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

Planning Commission Recommendation: 

On September 27, 2007, the Fauquier County Planning Commission voted unanimously to forward a recommendation of approval to the Board of Supervisors upon finding that this application met the requirements outlined in the Fauquier County Zoning Ordinance and Comprehensive Plan. 

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

Fauquier County Department of Community Development
Department of Economic Development
Commission of the Revenue


1.                  Resolution

2.                  Statement of Justification

3.                  Special Exception Plat

4.                  Previously Approved Proffers

5.                  Architectural Drawings

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