Department of Community Development Staff Report

Subject: SPEX13-MA-001 – Brian C. & Sharon L. Roeder (Owners/Applicants) – Barrel Oak Winery Date: February 14, 2013 ____________________________________________________________________________ Topic Description: The applicants request a Category 18 Special Exception to allow an existing farm winery to conduct special events. Barrel Oak Winery is a licensed farm winery that opened in 2008. The applicants’ Statement of Justification states they are requesting activities that have been customary 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 events requested 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 these events. 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 Barrel Oak Winery can demonstrate it was engaged in prior to the adoption of the farm winery ordinance. 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 not currently 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 are contained 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) and Interstate I-66, approximately 2,100 feet north of Ashville Road (Route 723). The property contains 70.3283 acres and is zoned Rural Agricultural (RA). A farm winery and residence exist on the property.

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Zoning Map

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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’ Statement of 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 is used for residential and agricultural purposes. The property to the east is vacant with the exception 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 are consistent with the Comprehensive Plan for rural land located outside of a service district. The Comprehensive Plan includes many goals aimed at enhancing and preserving agricultural areas and 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 district regulations and the applicable provisions of the adopted Comprehensive Plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent 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 property designated 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 the number of events as well as hours in which the events will occur. However, based on the Circuit Court Order, the Board of Supervisors can consider allowing Barrel Oak Winery approval for hours of operation and frequency of events which Barrel Oak can demonstrate it was engaged in prior to adoption of the farm winery ordinance. 2. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the 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. The County’s traffic consultant has advised staff to use 2.5 people per vehicle when calculating the traffic impact of these types of events. Using these numbers, two hundred

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(200) additional vehicle trips per day, twenty-four (24) times per year, would be created by the proposed events. There are no traffic counts available for Grove Lane (F185). VDOT’s traffic data indicates vehicles leaving Marshall, turn on Route 17 to access I-66. Staff realizes all vehicles do not follow this route; however, according to VDOT’s data this is the pattern the majority of vehicles follow. VDOT has stated that Grove Lane was formerly Route 55 and was constructed to handle a large volume of traffic. Two hundred (200) additional vehicle trips per day, twenty-four (24) times per year, during non-peak hours should not be hazardous or conflict with traffic in the area. Little to no pedestrian traffic will be generated by the use. Special Exception standards require the owner to provide evidence that adequate traffic control is implemented for events. 3. In addition to the standards which may be set forth in this Article for a particular category or use, the BZA and Board may require landscaping, screening, yard requirements or other limitations found to be necessary and appropriate to the proposed use and location. The applicants recently planted a row of evergreen trees in front of the majority of parking spaces. The applicants have also planted a row of maple trees along the roadway leading to the winery. The Planning Commission recommended conditions of development that would require the applicants to substantially screen the lower level service area from Grove Lane and Route 66 and screen the main parking area. 4. Open space shall be provided in an amount at least equal to that specified for the zoning district in which the proposed use is located. Open space is not required for the proposed use. 5. Adequate utility, drainage, parking, loading, and other necessary facilities to serve the proposed use shall be provided. Low impact development techniques are encouraged by the County and shall be incorporated into the site and facility design when deemed appropriate by the applicant after consultation with appropriate county officials. Parking and loading requirements shall be in accordance with the provisions of Article 7. There is no new construction currently proposed with this use. The existing winery complex, parking areas, and facilities will be used. Any new construction, associated with Special Events, will require site plan approval wherein utility, drainage, parking, loading and other necessary items will be reviewed. 6. Signs shall be regulated by the provisions of Article 8, except as may be qualified in the Parts that follow for a particular category or use. However, the BZA and the Board, under the authority presented in Section 007 below, may impose more strict standards for a given use than those set forth in this Ordinance. The applicants have not requested additional permanent signage with the use. Any temporary signage used during events will require approval from the Zoning Office and will need to be removed after each event. VDOT, staff and several Commissioners are

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concerned with the location of the current entrance sign. The sign appears to drastically reduce site distance to the north, in the direction of Delaplane. The Planning Commission proposed a condition of development that would require the existing entrance sign to be in conformance with VDOT sight distance and right-of-way compliance regulations. 7. The future impact of a proposed use will be considered and addressed in establishing a time limit on the permit, if deemed appropriate. Existing and recent development, current zoning and the Comprehensive Plan shall be among the factors used in assessing the future impact of the proposed use and whether reconsideration of the permit after a stated period of time would be necessary and appropriate for the protection of properties in the vicinity and to ensure implementation of the Comprehensive Plan. The applicants have requested Special Exception approval for three (3) years with three (3) five-year extensions by the Zoning Administrator for a total time of eighteen (18) years. The Zoning Ordinance allows an initial period of no more than three (3) years. 8. The proposed use shall be such that air quality, surface and groundwater quality and quantity, are not degraded or depleted to an extent that would hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof. The use of existing facilities is proposed; therefore, there should be no land disturbance that would affect air quality, surface or groundwater. 9. Except as provided in this Article, all uses shall comply with the lot size, bulk regulations, and performance standards of the zoning district in which located. The existing 70.3283-acre site meets the lot size and bulk regulations in the Rural Agricultural (RA) zoning district. 5-1810.2 Special Exception For Farm Winery Special Events Additional Special Events may be allowed at a Farm Winery only pursuant to this Section 51810.2 by approval of a Special Exception by the Board of Supervisors, subject to the following: 1. Special Events granted by Special Exception shall meet the standards and use limitations for Farm Winery uses in Sections 6-402 and 6-403; Sections 6-402 and 6-403 are assessed below: 6-402 General Standards and Use Limitations at a Farm Winery The following standards and use limitations shall apply to all uses at a Farm Winery: 1) Noise: Sound generated by outdoor amplified music shall not be audible at or beyond the property line of the Farm Winery. Outdoor amplified music shall include

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amplified music emanating from a structure, including open pavilions and temporary structures such as tents. In addition, no noise emanating from a Farm Winery shall exceed the noise limits set forth in Section 9-700. Noise from outdoor amplified music shall not be audible at or beyond the property line. Staff is not aware of written complaints related to noise issues over the past four years the winery has been in operation. 2) Lighting: Lighting shall be fully shielded as set forth in Section 9-1005 and shall comply with the general requirements set forth in Sections 9-1006.4 and 9-1006.7. Structures and uses requiring building permit approval because of the extent of Special Events shall be subject to all lighting limitations applying to commercial uses. All lighting will be required to meet Zoning Ordinance standards. 3) Setbacks: Any structure to be utilized as part of a Farm Winery where any Special Events will occur shall be located a minimum of 300 feet from all lot lines; provided that any existing Farm Winery structure for which the County has issued a Zoning Permit for operation as a Farm Winery prior to adoption of this Farm Winery Ordinance that does not meet the 300-foot setback requirement may remain in operation and may be expanded if such expansion is no closer to any lot line that the existing structure and is otherwise in accordance with all statutes, ordinances and regulations then applicable to such expansion. The farm winery structure where Special Exception events are proposed is a minimum of 300 feet from all lot lines.
4) Parking: Off-street parking areas shall be located no closer than 100 feet from any

property line and shall be screened using fencing and/or landscaping materials; provided that any existing parking area as of the date of this Ordinance that does not meet the 100 foot setback requirement may remain in use with appropriate screening as aforesaid. The setback requirement shall also apply to driveways providing the ingress and egress to such parking areas, except to the extent such driveways must necessarily intersect the setback area to reach the road. The parking area closest to an adjoining property is located 172 feet from the property line. 5) No Food Establishments: In no case shall food be provided which results in a Farm Winery having to be licensed by the Health Department as a Food Establishment or Temporary Food Establishment as defined by the Virginia Administrative Code 12VAC-421-10. Only catered food provided by an entity with a valid Health Department permit is allowed. 6) Occupancy: No activities or events held at a Farm Winery, including Wine Tasting 6

and Consumption and Special Events, shall result in more people being On-site than the authorized occupancy limits under such Farm Winery’s Health Department septic permit, or under any other applicable statute, ordinance or regulation. On December 18, 2012, the Health Department approved an expansion upgrade of the existing septic field. The expansion allows the winery to entertain 500 guests per day. 7) Closing Time: The Closing Time for any Special Event held at a Farm Winery shall be no later than 9:00 p.m. Monday through Thursday, 11:00 p.m. Friday and Saturday, and 10:00 p.m. Sunday. The hours proposed for Special Exception events meet these standards. The hours contained in the standard above are only applicable to special events; they do not apply to regular or extended business hours. 8) Server Training: Every Farm Winery shall be required to cause its employees serving wine to the general public to participate in a bona fide server training program designed to educate servers on how to address potentially intoxicated patrons from a list of approved programs published from time to time by the Zoning Administrator. The Statement of Justification states that Barrel Oak Winery requires all of its employees to participate in ServeSafe or TiPs serve training sessions and will continue to do so. 6-403 Prohibited Accessory Uses at a Farm Winery The following uses/activities are prohibited accessory uses at any Farm Winery: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Restaurants, Food Establishments as defined by the Health Department, or any activity which requires a Temporary Food Establishment Permit from the Health Department Helicopter rides Hot air balloons Fireworks Grocery, convenience or general stores Go-kart, motorized bike or four-wheeler trails, tracks or rides Amusement park rides Flea markets Farmers’ markets Bowling Alleys Mini-golf Personal Services, including beauty or spa type services Lodging Such other uses as are determined by the Zoning Administrator to be similar in nature or in impact to those listed above.

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The applicants have not proposed any of the above activities as part of this Special Exception request. 2. Special Events granted by Special Exception shall further meet the standards and use limitations set forth in Sections 5-1810.1(3); Section 5-1810.1(3) assessed below: 5-1810.1 Administrative Permits for a Farm Winery

3. The following limitations shall apply to consideration of an Administrative Permit for a Farm Winery: A. No uses shall be granted by Administrative Permit if the Farm Winery is on a lot less than 11 acres in size. The parcel contains 70.3283 acres. B. Foods other than Light Accompaniments, including meals, may be served at a Special Event held at a Farm Winery pursuant to an Administrative Permit; provided that, (i) such food is either prepared off-site by a Caterer or prepared On-Premises in a Food Cart; and (ii) in no case shall food be provided which results in a Farm Winery having to be licensed as a “Food Establishment” under the Code of Virginia or which requires a “Temporary Food Establishment Permit” from the Health Department. Any meals served associated with an event will be prepared by a caterer or food cart under the current Zoning Ordinance regulations. The winery is not permitted to obtain a Virginia Department of Health license for a permanent or temporary food establishment. C. No uses shall be granted by Administrative Permit if the parcel on which the Farm Winery is located does not have direct access to a public street. For purposes of this provision, a private access easement or road shall not be considered “direct access to a public street” unless (i) the easement or road is exclusive to the Farm Winery parcel and the use contemplated by the Administrative Permit has been approved in writing by the owner(s) of the easement’s servient estate, or (ii) the easement or road serves multiple parcels and the use contemplated by the Administrative Permit has been approved in writing by all holders of such access right and the owner(s) of the easement’s servient estate. Barrel Oak Winery has direct access to Grove Lane (Frontage Road Route F185), which is a public frontage road. The commercial entrance was approved by VDOT in 2008. See previous section of staff report for traffic analysis. D. No outdoor uses shall be granted by Administrative Permit if the proposed Special

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Event location is within 300 feet of a private residence not on the Farm Winery property that was in existence on the date the Farm Winery was first licensed by the ABC Board of the Commonwealth of Virginia. The closest non-farm winery residence is 1,725 feet from the proposed special event location. E. The Closing Time for any Special Event held at a Farm Winery pursuant to Administrative Permit shall be no later than 9:00 p.m. Monday through Thursday, 11:00 p.m. Friday and Saturday and 10:00 p.m. Sunday. The hours proposed for the Special Exception events meet these standards. F. Notwithstanding the limitations set forth for Special Exceptions in Section 51810.2, a Farm Winery with an approved ABC permit as of July 12, 2012, which meets the limitations herein for Administrative Permit approval, except for (a) the 11 acre minimum size requirement of 5-1810.1(3)(A) and/or (b) the “direct access” requirement of 5-1810.1(3)(C), may apply for Special Exception approval of the uses set forth in 5-1810.1(1). The acreage and direct access requirements have been previously assessed. This standard does not apply. 4. The standards for consideration of an Administrative Permit as set forth in Section 51810.1(4) shall apply to Special Events requested pursuant to this section, except that the Board of Supervisors may authorize a single event per year with attendance exceeding the capacity of the Farm Winery’s septic system provided appropriate accommodations are made for temporary facilities during that Special Event. Section 5-1810.1 assessed below: 5-1810.1 Administrative Permits for a Farm Winery

4. The Zoning Administrator shall consider the following standards in determining whether or not to grant or reissue an Administrative Permit: A. The presence or absence of a history of past violations of conditions of permits issued by the County or the Health Department; Staff has been aware of various activities over the years and has verbally conveyed to the applicants on multiple occasions that some of the activities that were and continue to be conducted are not allowed. The Special Exception process, in conjunction with the Circuit Court Order, provides a means to begin to correct this situation. B. The consistency of requested Special Event sizes with: i. The capacity of access roads to accommodate the expected vehicular traffic,

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ii. iii. iv.

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including road designation on the Rural Road Classification Map 10.1 in the Comprehensive Plan; The road safety based on factors such as sight distances, road surfaces, road width and shoulder width; The designed capacity of the entrance; The designed capacity of the Farm Winery’s septic system, as approved by Health Department; provided that no Special Events may have a number of attendees in excess of the approved capacity of the Farm Winery’s septic system, as approved by the Health Department; and The availability and location of parking facilities. Grove Lane (F185) is designated as a local collector. The commercial entrance was permitted by VDOT in 2008. Section 5-1810.2 (5) of the Zoning Ordinance requires a farm winery to have frontage on a major collector or higher classification street in order to hold special events, unless the Board of Supervisors finds that the type and amount of traffic generated by the farm winery will not cause a substantial adverse impact on the health, safety or welfare of the public, or the owners of adjacent or proximate properties. See previous section of staff report for traffic analysis. The Health Department has approved an expansion upgrade of the existing septic field. The expansion allows the winery to entertain 500 guests per day. Ample parking is available on-site and all parking areas are a minimum of 100 feet from the property lines.

C. The size of the Farm Winery property; The parcel contains 70.3283 acres. D. The distance of the Farm Winery’s proposed Special Event locations to the nearest non-Farm Winery residences; The nearest non-farm winery residence is 1,725 feet from the special event location. E. The effect of headlight glare from Special Event traffic on neighboring residences; The applicants have planted evergreens in front of the majority of the parking spaces. Headlights should not impact the neighboring properties. F. The effect of noise on residents in the surrounding areas; The applicants’ Statement of Justification states that noise will be inaudible at the property line. The justification further states that the property borders I-66 which creates a tremendous amount of noise.

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G. The capacity of the Farm Winery’s event facilities to accommodate the number of proposed attendees; The Health Department has stated the drainfield expansion will accommodate 500 people per day. H. The written comments of nearby property owners and residents received by the Zoning Administrator; and The Zoning Administrator has not indicated the receipt of any written comments. I. Such other factors as the Zoning Administrator determines may have a substantial impact on the health, safety or welfare of the public. The Zoning Administrator has not indicated there are other factors having an impact on the health, safety or welfare of the public. 5. A Special Exception for one or more Special Events shall only be granted if the Farm Winery property has frontage on a major collector or higher classification street as designated in the Comprehensive Plan unless the Board of Supervisors finds that the type and amount of traffic projected by such Farm Winery (in conjunction with any road or entrance area traffic mitigation proposal) is such that it will not cause a substantial adverse impact on the health, safety or welfare of the public, or the owners of adjacent or proximate properties. Barrel Oak Winery has direct access to Grove Lane (Frontage Road Route F185), which is a local collector. The commercial entrance was approved by VDOT in 2008. VDOT has stated they have no comment on the Special Exception request. Section 5-1810.2 (5) of the Zoning Ordinance requires a farm winery to have frontage on a major collector or higher classification street in order to hold special events, unless the Board of Supervisors finds that the type and amount of traffic generated by the farm winery will not cause a substantial adverse impact on the health, safety or welfare of the public, or the owners of adjacent or proximate properties. See previous section of staff report for traffic analysis. 6. A Special Exception shall not be granted for any Special Event unless the Farm Winery property contains more than 25 acres, including contiguous parcels under common ownership. Barrel Oak Winery contains 70.3283 acres, exceeding the 25-acre minimum. 7. A maximum of 18 Special Events per calendar year may be approved, with up to 200 attendees per Special Event, except that for Farm Winery properties over 50 acres in size, up to 24 Special Events per calendar year may be approved, with up to 250 attendees per Special Event, as well as one additional Special Event per calendar year of up to 500 attendees. Such maximum number of Special Events shall be inclusive of any Special 11

Events authorized by Administrative Permit on the Farm Winery property, but shall be in addition to any uses allowed by-right under Section 6-401. No more than two (2) Special Events, whether approved by Administrative Permit or by Special Exception, may be allowed or conducted in any one calendar month, in addition to any uses allowed by-right under Section 6-401. The applicants have requested more special events than what is currently permitted in the Zoning Ordinance. The Planning Commission recommended the maximum number of events as allowed by the Zoning Ordinance as a condition of development. 8. The Special Exception holder shall provide to the Zoning Administrator evidence reasonably satisfactory to the Zoning Administrator of adequate security, emergency services and traffic control for all Special Events. Such evidence shall include, as appropriate, copies of any required permits or licenses from the following agencies that control traffic, security, emergency services and sanitary issues: a. b. c. d. Sheriff's Office Virginia Department of Transportation Emergency Services Coordinator Health Department

The applicants will be required to meet this standard. 9. The initial Special Exception permit shall be granted for a period of no more than three (3) years. After the initial term, the Farm Winery may apply to have the permit reissued for additional periods of 5 years or greater, as determined by the Board of Supervisors. The procedure for reissuance shall be that specified in Section 5-009. The Special Exception may, at the discretion of the Board of Supervisors, provide for administrative reissuance by the Zoning Administrator in the event that there is no history, during the then current period of such Special Exception, of citations for violations of the Zoning Ordinance, or any state or federal law or regulation. The Planning Commission recommended approving the Special Exception for three (3) years. 10. The Special Exception shall remain in effect until its end date notwithstanding any change of ownership of the Farm Winery or transfer of title to the Farm Winery property, provided that in the event of any such transfer, the Farm Winery shall provide written notice thereof to the County within ten days following such transfer. Barrel Oak will be required to provide the County notice of any change of ownership. This condition of development is contained within the resolution. 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. Staff

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and referral agency findings, comments, and recommendations are summarized below. Planning: As previously noted, the applicants have requested more special events, and a longer term for the Special Exception approval, than currently allowed by the farm winery ordinance. The Planning Commission recommended conditions of development would permit Barrel Oak to have the maximum number of events and length of the Special Exception as outlined in the Zoning Ordinance. The Order issued by the Circuit Court of Fauquier County allows the Board of Supervisors to consider approving hours of operation and frequency of events which Barrel Oak Winery can demonstrate it was engaged in prior to the adoption of the farm winery ordinance. The staff report contains other Planning staff analysis. Environmental: No comment. Zoning: Written comments were not received; however, staff worked closely with the Zoning Administrator on this application. Health Department: This office has no objections to the Special Exception Category 18 Winery Special Events application that Barrel Oak Winery has requested. This office received engineered plans for an expansion of the existing septic system at Barrel Oak Winery from Racey Engineering. The plans have been approved by VDH engineer, John Schofield and the septic permit has been issued by the Fauquier County Health Department. Virginia Department of Transportation (VDOT):
VDOT has received and completed review of the Special Exception. At this time VDOT has no comments on the Special Exception.

Parks and Recreation: The Department would like to propose an arrangement for periodic use of the facility for community recreational programs. These programs could include workshops, classes such as painting, etc. The coordination of use between the facility and the department would be beneficial to both the community at large and the winery. The winery would benefit by becoming better known within the community and the citizens would be provided a quality facility for recreational activities in northern Fauquier. Planning staff does not support this request. This is not the intended use for a farm winery. Planning Commission Action on October 25, 2012: 13

The Planning Commission discussed this item during the work session. Based on discussion, staff drafted revised conditions for the public hearing related to screening, traffic and additional farm structures. At the public hearing, the applicants’ representative, Merle Fallon, spoke in support of the request. Mr. Fallon stated the changes to the conditions are acceptable; however, the applicants object to the process. Seven individuals spoke in opposition to the request. Many of those speakers stated they supported the farm winery ordinance. Traffic, visual impact and past performance were the main reasons for opposition. The Planning Commission voted four to one to postpone action on the Special Exception request, with the public hearing left open. Planning Commission Action on December 5, 2012: The Planning Commission discussed this item during the work session. Based on discussion, staff drafted revised conditions for the public hearing related to screening and signage. At the public hearing, the applicants’ representative requested the Planning Commission make a recommendation of approval for the Special Exception. There were no other speakers. The Planning Commission voted unanimously to recommend approval of the Special Exception application, subject to the revised conditions. Requested Action of the Board of Supervisors: Conduct the public hearing and consider adoption of the attached resolution(s). Resolution A includes the Planning Commission’s recommendation. As described herein, 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 not currently available.

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