Board of Supervisors Meeting Date:


MCC/LLC, Owner/Applicant



November 10, 2005


Staff Lead:


Melissa Dargis, Assistant Chief of Planning



Community Development


Magisterial District:


Scott District




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



An Ordinance to Approve REZN05-SC-013, A Rezoning Request to Amend the Existing Proffer Statement - Jammin Joe’s BBQ, LLC


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 would 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 October 13, 2005, the Board of Supervisors held a public hearing on this item and postponed action to allow for refinements to the rezoning plat.  On October 17, 2005, the applicant provided a new rezoning plat to staff.  Zoning and Planning staff have accepted this plat and determined that the applicant has addressed referral agency comments.  This item is now ready for Board action.


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 allowing the applicant time to prepare a new plat that accurately reflects the uses at the site.  The applicant agreed to this postponement to complete this application refinement.


Project Background:


This application and its existing proffers pertain to two (2) parcels, which are adjacent to the New Baltimore Animal Clinic, and are located along Lee Highway.  The parcels total 2.26 acres and 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 Ordinance.


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:




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, 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 of Supervisors to consider action to approve this application.  The applicant has complied with the Planning Commission and staff request to produce an accurate rezoning plat for the site.  This plat now accurately reflects the current conditions of the site today.  Once this application is approved, the applicant can proceed with the Site Plan process.


At the time of preparation of this report, signed proffers have not been received.  However, it is the applicant’s intent to only add his aforementioned requested use to the existing proffers and not change any of the other previously approved proffers.  An unsigned version of the draft proffers is attached.

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.      Draft Proffers