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SPECIAL EVENTS (PIN 6050-25-9665-000, MARSHALL DISTRICT) WHEREAS, Brian C. and Sharon L. Roeder, owners and applicants, are seeking Special Exception approval to allow farm winery special events; and WHEREAS, on October 25, 2012, and December 5, 2012, the Fauquier County Planning Commission held public hearings on the proposed Special Exception request and unanimously recommended approval of the application; and WHEREAS, the applicants have demonstrated Barrel Oak Winery was engaged in hours of operation and frequency of events in excess of what is permitted by the Fauquier County Zoning Ordinance; and WHEREAS, the Circuit Court of Fauquier County has issued an order that allows the applicants to seek legislative relief through the Special Exception process; and WHEREAS, on February 14, 2013, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and WHEREAS, the Board of Supervisors has determined that the type and amount of traffic projected by the farm winery is such that is will not cause a substantial adverse impact on the health, safety or welfare of the public, or the owners of adjacent or proximate properties; and WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Sections 5-006, 5-1810.2, and other relevant sections of the farm winery ordinance, except as modified herein; now, therefore, be it RESOLVED by the Fauquier County Board of Supervisors this 14th day of February 2013, That SPEX13-MA-001 be, and is hereby, approved, subject to the following conditions: 1. The Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated, and shall be in general conformance with the Special Exception Plat, “Barrel Oak Winery, LLC” dated August 17, 2012, received in the Department of Community Development on October 11, 2012, provided that agricultural structures may be constructed or added to without further amendment to this Special Exception, except as modified by these conditions. A period of six months shall be allowed for Barrel Oak Winery to operate under this Special Exception while effecting compliance with paragraphs 7, 11, 12 and 13 of these conditions. 1
2. Notwithstanding the definition of REGULAR BUSINESS HOURS as contained in Article 15-300 of the Zoning Ordinance under Farm Winery Definitions, REGULAR BUSINESS HOURS for the Barrel Oak Winery shall be allowed from 10:00 a.m. to 9:00 p.m. on Fridays, Saturdays and Sundays (when the Sunday precedes a Federal or State holiday Monday) and 10:00 a.m. to 6:00 p.m. all other days. The serving of wine and wine tasting activities on Fridays, Saturdays and Sundays (when the Sunday precedes a Federal or State holiday Monday) between 10:00 a.m. and 9:00 p.m. shall not be deemed a Special Event. Light accompaniments may be served during these periods without being deemed a Special Event. 3. Special Events, as defined in Article 15-300 of the Zoning Ordinance under Farm Winery Definitions and as limited by the definition set forth in number 2 above shall be limited to 24 per calendar year, with a maximum of 250 attendees at any one event. No more than two (2) Special Events shall be allowed in any one calendar month. The closing time for any Special Event 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, except that fifteen (15) week nights per year the closing time for Special Events may extend to 9:30 p.m. 4. In accord with Zoning Ordinance Section 5-1810.2 (3) one additional Special Event shall be allowed per calendar year with a maximum of 500 attendees, provided that appropriate accommodations are made for temporary restroom facilities during this event. This is the only time temporary restroom facilities are allowed on-site, except that temporary restroom facilities may be established onsite for agricultural workers in the field and for Special Events held in the fields away from the tasting facility (provided that the foregoing permission for temporary restroom facilities does not supersede the requirement under the Zoning Ordinance that the permanent septic capacity approved by the Virginia Department of Health be sufficient to support a 250 person Special Event maximum hereunder as well as all by-right business within the permitted occupancy limits of the Farm Winery). 5. Tents shall be allowed for Special Events subject to existing county ordinance and permit requirements. Any Special Event held within or under such a temporary tent structure shall comply with the general standards found in Section 6-402 of the Zoning Ordinance, including but not limited to noise, lighting, setbacks and parking. The use of a tent for Special Events shall not supersede the permitted number of attendees at Special Events or the number of Special Events. 6. Twelve (12) additional Special Events per year during Regular Business Hours shall be allowed, solely for the purpose of permitting a food cart to be on the property not more than twelve (12) separate days per year.
7. With the exception of condition number 4 above, no activities or events (including wine tasting and Special Events) shall result in more than the authorized occupancy limits under the Health Department septic permit. The applicant shall provide a copy of the approved Health Department septic permit to the Department of Community Development. 8. In addition to the incidental sale of wine related items as permitted in the Farm Winery Ordinance, the incidental sale of agricultural products and artisanal goods produced in Fauquier and adjacent Counties shall be permitted within the existing Farm Winery structure, provided that such sales shall constitute less than 10% of total on-site retail sales at the Farm Winery in any calendar year. Artisanal goods are defined as home-produced artwork, crafts and edible goods. 9. The Special Exception has no time limit and shall remain in effect 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 (10) days following such transfer. 10. Special Exception approval is granted to the applicant based on the certification, dated January 30, 2013, signed by Justin B. Currier, P.E., licensed in Virginia, that the existing Farm Winery structure meets all the applicable structural codes for the proposed use in place at the time it began operation as a Farm Winery. This certification will be provided to the Zoning Administrator. Any additions to the existing Farm Winery structure, or construction of any new Farm Winery structure, to be used for twelve (12) or fewer per year of the Special Events approved in these conditions shall be deemed a farm building and shall not require compliance with the Virginia Construction Code. Any additions to the existing Farm Winery structure, or construction of any new Farm Winery structure, to be used for more than twelve (12) per year of the Special Events approved under these conditions shall be constructed in accordance with the Virginia Construction Code. 11. For the purposes of holding Special Events, the following fire safety and ingressegress compliance measures shall be implemented in the existing Farm Winery structure, and in any addition to the existing Farm Winery structure or construction of any new Farm Winery structure: a. Fire extinguishers to be installed in accordance with the requirements of Virginia Construction Code Section 906.1 and shall be properly maintained and serviced. No single Fire Area as defined in the “definitions” Section of the Virginia Construction Code shall exceed 5000 square feet.
No Fire Area shall be permitted to exceed an occupant load of 300 for the A-2 use group. Egress doors shall have panic hardware and shall swing in the direction of travel for any room, space or building with an occupant load greater than 50 occupants. Required egress pathways shall meet minimum width requirements required by the Virginia Construction Code per Section 1005. Externally monitored, audible smoke detectors shall be maintained in all Fire Areas. Stairways shall have guardrail or handrails. Exit signs designating the required exits and egress pathways shall be installed in accordance with Virginia Construction Code section 1011.
e. f. g. h.
12. The applicants shall plant, and maintain, fast-growing evergreens to substantially screen the lower level of the service area and main parking area, provided, however, that the planting schedule shown on the exhibit may be modified with the approval of the Zoning Administrator in the vicinity of the Farm Winery structure in order to permit an unobstructed view from the Farm Winery structure. The evergreens shall be replanted in the future if necessary to retain the screening quality of the landscaping. The selected evergreens shall be capable of reaching a maximum height of twenty-five (25) to thirty (30) feet at mature height. 13. If required by VDOT, the existing entrance sign shall be relocated in conformance with VDOT site distance and right-of way compliance regulations. Any necessary zoning and building permits shall be acquired for the entrance sign. 14. Sound generated by outdoor amplified music shall not be audible at or beyond the property line of the aggregate property consisting of the Farm Winery parcel and the other adjacent properties owned by the Farm Winery owners. Outdoor amplified music shall include amplified music emanating from a structure, including open pavilions and temporary structures such as tents. 15. The County shall have access to the property to investigate any complaint of violation with reasonable notice. The applicant and/or its successors or assigns shall have all rights and remedies as provided for under the law. 16. Nothing herein shall supersede the procedures for the revocation of a Special Exception as outlined in Section 5-015 of the Zoning Ordinance. 17. All provisions of the Zoning Ordinance, including without limitation the Farm Winery Ordinance except as specifically modified herein, shall remain in effect for the Special Exception approval. 4
18. This Special Exception is granted in reliance upon the Affidavit attached. The applicant agrees to provide the County with access to its business records to substantiate to the County’s satisfaction the statements certified therein.
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