VIRGINIA: IN THE CIRCUIT COURT OF FAUQUIER COUNTY INRE: AUGUST 2, 2012 DECISION OF THE rT BOARD OF ZONING APPEALS LL | Q = uy qT OF FAUQUIER COUNTY, VIRGINIA PIEDMONT AGRICULTURE. ACADEMY, LLC, Petitioner, Applicant and Landowner vs FAUQUIER COUNTY BOARD OF SUPERVISORS, a body corporate and politic, necessary party pursuant to Section 15.2-2314 of the Code of Virginia Serve: Kevin Burke, County Attomey Fauquier County Office of the County Attomey 10 Hotel Street, Suite 206 Warrenton, Virginia 20186 [ALERT nel i | wes a] i on | ae i PIEDMONT AGRICULTURE ACADEMY, LLC Plaintiff, vs. FAUQUIER COUNTY BOARD OF SUPERVISORS, a body corporate and politic; andKIMBERLEY JOHNSON, individually; and KIMBERLEY JOHNSON, in her capacity as Fauquier County Zoning Administrator; and FAUQUIER COUNTY BOARD OF ZONING APPEALS Defendants. Serve: Kevin Burke, County Attorney Fauquier County Office of the County Attorney 10 Hotel Street, Suite 206 Warrenton, Virginia 20186 COMPLAINT AND PETITION FOR WRIT OF CERTIORARI TO REVIEW DECISION OF BOARD OF ZONING APPEALS COMES NOW, the Petitioner/Plaintiff, Piedmont Agriculture Academy, LLC, by its undersigned counsel, pursuant to Virginia Code § 15.2-2314, and hereby submits its Petition for a Writ of Certiorari to review a decision of the Fauquier County Board of Zoning Appeals (the "BZA") of August 2, 2012, in Zoning Appeal #ZNAP12-MA-004 ("the Zoning Appeal"); and, in addition, files and submits this Complaint on the grounds set out herein, and, in support thereof, states as follows:1, Petitioner Piedmont Agriculture Academy, LLC ("PAA") is the owner of certain real property located at 1037 Gap Run Road in Paris, Virginia (the "Paris Farm"). 2. PAA is both landowner of the Paris Farm, and appellant in the Appeal, and, thus, is a person aggrieved as to the Appeal pursuant to Section 15.2-2314 of the Code of Virginia, and, further, as to the other matters set forth in the Complaint. 3. The BZA is a creature of statute authorized to, inter alia, hear and decide appeals of an order, requirement, decision or determination of the Zoning Administrator under the Fauquier County Zoning Ordinance (the “Zoning Ordinance”), as well as under Code of Virginia Section 15.2-2309(1), (3). 4, The Board of Supervisors of Fauquier County, Virginia (the "BOS") is the duly elected governing body of Fauquier County, Virginia, and is the necessary party defendant to Petitioners Petition for Writ of Certiorari pursuant to Section 15,2-2314 of the Code of Virginia. 5. The Zoning Administrator of Fauquier County, Virginia, Kimberley Johnson ("Zoning Administrator"), has been appointed and designated by the BOS. Under the provisions of Va. Code Ann, Section 15.2-2286(A)(4), and Section 13-100 of the Zoning Ordinance, the Zoning Administrator has all necessary authority to administer, interpret and enforce the Zoning Ordinance, 6. Kimberley Johnson, the Zoning Administrator, is also a Defendant in this case for certain actions set forth herein which are outside the scope of her lawful and delegated authority as Fauquier County Zoning Administrator.JURISDICTION 7. Pursuant to Section 15.2-2314 of the Code of Virginia, a Petition for Writ of Certiorari properly lies in the Circuit Court of Fauquier County, Virginia. 8, Pursuant to Sections 8.01-184 and 2.2-3713 of the Code of Virginia, this Court has clear jurisdiction to hear and determine this controversy. 9. Therefore, the Circuit Court of Fauquier County, Virginia has clear authority and jurisdiction to hear and decide the matters set out herein, in Petitioner's Petition for Writ of Certiorari and Plaintiff's Complaint, ‘THE PARIS FARM PROPERTY, 10, Paris, Virginia is an unincorporated area within Fauquier County, Virginia. 11. The Paris Farm is identified by Fauquier County as PIN 6034-98-2331 12. The Paris Farm consists of approximately 64 acres of land improved with associated agricultural buildings including a large 19" century bank barn (the "Barn"). 13. The majority of the Paris Farm is zoned RA (Agriculture District) and the remainder of the Paris Farm is zoned V (Residential - Village District) pursuant to the Zoning Ordinance. 14. All structures on the Paris Farm, including the Barn, are located on the portion of the Paris Farm zoned RA (Agriculture District). 15, Ownership of the Paris Farm was transferred from the Piedmont Environmental Council ("PEC") to Martha Boneta, then Martha Michael Malawer, by deed dated July 31, 2006.16. Martha Boneta, then Martha Malawer, transferred ownership of the Paris Farm to PAA, its current owner, by deed of gift dated February 7, 2007. 17. Since 2007, PAA has used the Paris Farm for agricultural purposes, including the operation of a livestock rescue as well as the production and sale of agricultural goods. 18. In June 2011, Fauquier County issued a business license to PAA for a "retail farm shop” at the Paris Farm (the "Business License”). 19, Prior to issuance of the Business License, in an e-mail dated June 10, 2011 sent to Ross D'Urso, Commissioner of the Revenue, and Edna Reese, Martha Boneta stated" ... we produce products on our farm such as handspun yams and products as well as handcrafted items for sale, For example, birdhouses, handspun fibers and fleece from our livestock, handmade soaps and other artisan goods like canned veggies, jams/jellies/baked goods, etc., etc, fresh vegetables, eggs, herbs, honeybee products, ete., etc, Thus, as we discussed it is also the demo and sale of these items as is customary on so many countless farms in beautiful agriculture friendly Fauquier County and as the Commonwealth likewise supports." 20. In the 2011 growing season, the Paris Farm cultivated and harvested acres of com, vegetables and herbs, and produced approximately 250 bales of hay, and was home to over 150 animals, both livestock and poultry, including, but not limited to, goats, sheep, alpacas, llamas, chickens and ducks, as well as honeybees. 21. In the 2012 growing season, the Paris Farm cultivated, in addition to the fruit trees, grapevines, livestock, poultry and honeybees already established thereon, some 2000 tomato vines of numerous variety, approximately 1000 eggplant, hay, and a variety of other annual vegetables and herbs.22. The crops and livestock activity are clearly visible from Route 17 23. This use is consistent with uses occurring on other agricultural properties in Fauquier County which have been permitted by Fauquier County on a by-right basis. FAUQUI UNTY, 24, Fauquier County, a county located in the Commonwealth of Virginia, is comprised of approximately 650 square miles of land. 25, Fauquier County is primarily rural and agricultural, 26. Fauquier County sponsors and administers a number of agricultural outreach and support programs, such as the Fauquier Agricultural HomeGrown Program, the Fauquier County Farm Product and Services Directory, and the Agricultural Development Advisory Committee. 27. Agriculture is one of Fauquier County’s largest industries, with over 1,200 farms, encompassing over half of the County’s total land mass, and producing, according to County publications, approximately $50 million in total impact and creating some 3.500 jobs. 28, Fauquier County also asserts that some 90,000 acres of the County’s land area has been permanently protected ~ and asserts that most of that land is farmland. 29, Fauquier County has a long history, which continues to this day, of small and medium- sized family owned and operated farms.30, The goals adopted by the Board of Supervisors , in the Comprehensive Plan, include “..1o protect and promote the agricultural industry”. ‘THE FARM SALES TEXT AMENDMENT 31. On July 14, 2011, the BOS approved a zoning text amendment to, among other things, create the "farm sales" use category now identified as Section 3-318.21 of the Zoning Ordinance (the "Text Amendment"). 32, Section 3-318.21 of the Zoning Ordinance, per the Text Amendment, purports to require the issuance of an administrative permit by the Zoning Administrator for farm sales. A A copy of Section 3-318.21 is attached as Exhil 33. The Text Amendment also added Section 5-1812 to the Zoning Ordinance which purports to condition farm sales to eight (8) additional standards. A copy of Section 5-1812 is attached as Exhibit 34. As of the BZA public meeting held on August 2, 2012 (the "Second BZA Meeting"), at which meeting the BZA purported to take final action on the Zoning Appeal, Fauquier County had not issued a single administrative permit for farm sales, despite the fact that the Text Amendment had been adopted for over a year. 35. As of the date of the Second BZA Meeting, the Paris Farm was literally the only property in Fauquier County that had ever received a notice of violation for failure to obtain an administrative permit for farm sales. 36. As of the date of the Second BZA Meeting, no property owner in Fauquier County had ever been cited for failure to obtain an administrative permit for farm sales.