Fauquier County planning staff on Oct. 16 presented a request to amend a category 32 special exception and a category 14 special permit for a property at the intersection of Beach Road and James Madison Highway formerly occupied by Smith Equipment. Staff told the commission the site is just under 2½ acres, is zoned rural residential, and has a long history of commercial and agricultural uses dating to the 1960s. The county previously approved a category 32 special exception for a contractor’s office in 2017 and a category 14 special permit for farm equipment sales, rental and service in 2021; staff said several approvals and site plan conditions have not been complied with and the property remains in violation.

Staff summarized the enforcement history: a notice of violation was issued in March 2022 for a farm equipment use that commenced without required site plan amendments; a site plan amendment was approved in June 2022 but conditions were not completed; an agreed final order in general district court required compliance in September 2023; a further site plan amendment was approved in May 2024 but construction, landscaping and required asphalt plans remain incomplete. The applicant now requests to operate a contractor’s office (an electrical contractor with three business offices and a cubicle in the existing building, with no customer visits) and to continue farm equipment sales, rental and service (warranty equipment) with display and service limited to the building garage. Staff said the applicants currently have an off‑site storage location and proposed to remove the contractor storage yard on site, relocate parking and retain certain approved landscaping areas while requesting reduced landscaping (single row of shrubs) along Route 29 in one location.

Staff noted relevant ordinance provisions and two findings the board must make: the county can allow gravel parking and display areas only if it finds the gravel will not cause undue impact on neighboring properties (a dustless surface waiver had been administratively approved with prior site plan amendments), and for a category 32 exception the board must find the property is not suitable for residential development (staff said the long history of commercial use supported that finding for prior approvals). Proposed conditions staff included limit hours of operation to Monday‑Friday 6 a.m. to 5 p.m. and Saturdays 8 a.m. to 4 p.m., restrict outdoor display to tractors and related equipment, require site plan amendment and removal of gravel and fencing from the right of way, and prohibit contractor storage and on‑site vehicle body work.

Commissioners asked why previous permits and conditions had not been complied with; staff said the applicant had not offered a reason. Staff recommended a site plan be required as part of any approval. No final action was taken at the work session.