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Barrel Oak Staff Report

Barrel Oak Staff Report

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Published by Fauquier Now
Public hearing on special exception permit application before Fauquier County Board of Supervisors
Public hearing on special exception permit application before Fauquier County Board of Supervisors

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Published by: Fauquier Now on Feb 12, 2013
Copyright:Attribution Non-commercial


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Department of Community DevelopmentStaff Report
SPEX13-MA-001 – Brian C. & Sharon L. Roeder (Owners/Applicants) – Barrel Oak Winery
February 14, 2013 ____________________________________________________________________________ 
Topic Description:
The applicants request a Category 18 Special Exception to allow an existing farm winery toconduct special events. Barrel Oak Winery is a licensed farm winery that opened in 2008. Theapplicants’ Statement of Justification states they are requesting activities that have beencustomary for this farm winery since 2009. The applicants have stated the activities requested below are historically the normal operating activities of Barrel Oak Winery. The eventsrequested include the following:
110 evenings per year with extended hours from 6:00 p.m. to 9:00 p.m. with 150 people or less. Barrel Oak Winery would be open to the public for on-site tasting,education, sales and consumption during these events.
24 weekend evenings per year with extended hours from 6:00 p.m. to 11:00 p.m.with 250 people or less. Barrel Oak Winery would be closed to the public for theseevents. These would be private events such as weddings or charitable events.
60 weekend days per year with a food cart vendor or tented bar-b-que vendor on-site.The farm winery ordinance adopted by the Board of Supervisors on July 12, 2012 does not permit the number of events requested. However, on November 20, 2012 the Circuit Court of Fauquier County issued an order that allows Barrel Oak Winery to seek, and the Board of Supervisors to consider, approval for hours of operation and frequency of events which BarrelOak Winery can demonstrate it was engaged in prior to the adoption of the farm wineryordinance. Negotiations are continuing under the court order. As a result of those negotiations,an alternate resolution will likely be prepared for the Board’s consideration; however, it is notcurrently available.The Planning Commission only considered the maximum number of events and hours of operation allowed by the Zoning Ordinance in their recommendation of approval. (Details arecontained within this staff report.)
Current Location, Zoning and Land Use:
The subject property is located on the east side of Grove Lane (Frontage Road Route F185) andInterstate I-66, approximately 2,100 feet north of Ashville Road (Route 723). The propertycontains 70.3283 acres and is zoned Rural Agricultural (RA). A farm winery and residence existon the property.
Zoning Map
 Neighboring Zoning and Current Land Use:
The property is bordered on the north, south and east by other rural properties. Grove Lane(F185) and Interstate 66 border the property to the west. According to the applicants’ Statementof Justification, the rural property to the north is leased by the applicants with an option for  purchase. This northern property is the site of Oak Hill which was the Fauquier County home of Chief Justice John Marshall. The rural property to the south is owned by the applicants and isused for residential and agricultural purposes. The property to the east is vacant with theexception of a shed and is used for agricultural purposes.
Comprehensive Plan:
The primary use of Barrel Oak Winery is a working farm winery. Agricultural uses areconsistent with the Comprehensive Plan for rural land located outside of a service district. TheComprehensive Plan includes many goals aimed at enhancing and preserving agricultural areasand the rural character of the County.
Special Exception Analysis:
5-006 General Standards for Special Permits and Special Exception Uses:1.
The proposed use shall be such that it will not adversely affect the use or development of neighboring properties. It shall be in accordance with the applicable zoning districtregulations and the applicable provisions of the adopted Comprehensive Plan. Thelocation, size and height of buildings, structures, walls and fences, and the nature andextent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or  buildings or impair the value thereof.
The use is proposed in the Rural Agricultural (RA) zoning district, on propertydesignated as rural in the Comprehensive Plan. In order to fully meet this standard, the proposed use must be consistent with all Zoning Ordinance regulations which include thenumber of events as well as hours in which the events will occur. However, based on theCircuit Court Order, the Board of Supervisors can consider allowing Barrel Oak Wineryapproval for hours of operation and frequency of events which Barrel Oak candemonstrate it was engaged in prior to adoption of the farm winery ordinance.
The proposed use shall be such that pedestrian and vehicular traffic generated will not behazardous or conflict with the existing and anticipated traffic in the neighborhood and onthe streets serving the site.
The Planning Commission recommended a condition that would allow winery events for a maximum of two hundred fifty (250) attendees, twenty-four (24) times per year. TheCounty’s traffic consultant has advised staff to use 2.5 people per vehicle whencalculating the traffic impact of these types of events. Using these numbers, two hundred 

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