County, Barrel Oak Winery working to settle lawsuit

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December 7, 2012

We are hopeful that we’ll come to a fair resolution. A

County, Barrel Oak Winery working to settle lawsuit

Photo/Barrel Oak WinerySupervisors consider argument that Barrel Oak has established a “pattern of use” giving it “vested” right to continue with far more “special events” than the new Farm Winery Ordinance permits.

By Lawrence Emerson, Editor

Fauquier’s largest winery and the board of supervisors have called a cease fire as they attempt to negotiate settlement of a lawsuit

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

lot of good people are working on it, but this could

fall apart at any time. We want to give the process an

opportunity to work.— Brian Roeder, Barrel Oak Winery owner

challenging new county regulations adopted in July.

Barrel Oak Winery on Aug. 10 filed a suit that claims the supervisors exceeded their authority under state law and failed to consider the economic impact of the Farm Winery Ordinance, adopted on a 4-1 vote.

County Attorney Kevin Burke and Merle Fallon, Barrel Oak’s lawyer, started talks soon after the lawsuit’s filing. The board of supervisors has met several times in closed session with Mr. Burke to discuss the case.

Last month, a board majority decided to consider a settlement. The supervisors and the winery agreed to a “temporary stay” of the lawsuit, which Fauquier County Circuit Court Judge Jeffrey W. Parker approved.

Mr. Fallon refused to comment Friday.

“We are hopeful that we’ll come to a fair resolution,” Barrel Oak owner Brian Roeder said in a telephone interview. “A lot of good people are working on it, but this could fall apart at any time.

“We want to give the process an opportunity to work.”

While negotiations take place, the supervisors have agreed that the Delaplane winery may continue to operate the way it has since 2008, conducting up to 194 annual “special events,” as defined in the new ordinance. Otherwise, Barrel Oak would have been limited to far fewer events under the ordinance, which takes effect Jan. 1.

In broad terms, a settlement could acknowledge a “pattern of use” that gives the 77-acre Barrel Oak a “vested” right to permanently continue hosting more events than the new regulations permit.

The ordinance limits the number of events and people a winery can host, along with hours of operation and food service. Wineries must apply for special exception permits, which take into consideration acreage and road access, among a range of factors.

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

Fauquier essentially stopped regulating wineries for five years after the 2007 adoption of state law that limited local authority. Seeking to strike a balance between wineries and their neighbors, local government worked with Citizens for Fauquier County to draft several versions of a new ordinance.

Most of the county’s 26 wineries and virtually every Fauquier business organization vigorously opposed the version adopted five months ago. Meanwhile, CFFC and the Piedmont Environmental Council lobbied aggressively for adoption.

In addition to Barrel Oak’s lawsuit, 11 other wineries jointly sued the county after adoption of the new regulations.

The potential settlement with Barrel Oak would not affect the other lawsuit or the new ordinance, according to those familiar with the issues.

“I think you’re gonna see Barrel Oak offered a settlement” that recognizes the “vested” nature of its frequent events, Supervisor Chris Granger (Center District) said.

Although Mr. Granger voted for the new ordinance in July, he three months later proposed amendments to soften the limits on events and hours. Only Lee Sherbeyn (Cedar Run District) supported the amendments, which failed, 3-2.

Mr. Sherbeyn had cast the lone vote against the new ordinance in July.

But, Chester Stribling (Lee District) has joined them in supporting a settlement with Barrel Oak.

“I was in agreement to try to reach a compromise,” Mr. Stribling said of the board’s November direction to the county attorney.

He regards a settlement with the county’s largest winery as preferable to amending the ordinance and “starting over” with contentious public hearings, Mr. Stribling explained.

Holder Trumbo (Marshall District) also said Friday he would like to reach a settlement.

“My sense is that all parties are trying to reach a reasonable compromise,” Mr. Trumbo said.

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

He acknowledged that Barrel Oak has established a business model with far more events than its peers.

Peter Schwartz (Marshall District), the board of supervisors’ greatest advocate for the new ordinance, said Friday night that he will consider a compromise.

But, Mr. Schwartz added: "I don't view it as a matter of law that Barrel Oak or any other winery has vested rights" to conduct more events, with later hours, than the new ordinance allows.

Even if the lawsuit gets settled, "it doesn't change anything in terms of signaling to other wineries or future wineries" that they will need to build their businesses on winemaking instead of events, he said.

Fauquier officials think most wineries can continue to operate without major changes under the new ordinance. But, the new regulations require the wineries — including Barrel Oak — to comply with:

• State health department regulations on septic systems. Many will need to expand those systems.

• Virginia Department of Transportation review of entrances and road access.

• County setbacks from property lines for buildings.

• County regulations for landscape screening and lighting.

Applying those new requirements, the county planning commission on Wednesday night voted unanimously to recommend board of supervisors approval of special exception permits for Barrel Oak to conduct 25 “special events” annually and for Fox Meadow Winery near Linden to conduct 18.

Previously, because of their agricultural zoning, many wineries legally built structures without county review. The special exception permit process changes that.

Barrel Oak's lawsuit against the county:

Complaint for Declaratory Judgment Filed 8-10-12

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

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jeheyns · December 11, 2012 at 10:50 am

Barrel Oak Winery is an exemplary business in Fauquier County. By purchasing the property that they did the owners have helped to keep large development at bay, preserve the land for agricultural use and helped to fight against a large movement by Dominion Virginia Power to put large power towers across the northern part of the county. On top of all of this, they have established a business that is extremely community-oriented as well as successful. The daily business of BOW typically includes giving on some level to local charitable and nonprofit causes. Not once in all the time that I have known the owners and their business have I heard them say no to any worthy cause or community endeavor. Of course, I can't ignore the fact that it's also simply a gorgeous place to visit with an atmosphere that is friendly, relaxing and unmatched. To bring residents and visitors of Fauquier County to Barrel Oak Winery is to show them what our county is and should be about: community support, successful business, partnership, and a landscape that can take your breath away. I cannot imagine what would make the county supervisors want to discourage such a successful business that makes such a positive difference in our county. Having businesses like BOW helps with land preservation, tourism, agriculture and I would have to imagine that their level of success brings a fair amount of tax dollars to the county as well.

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

KeriS · December 10, 2012 at 2:43 pm

Barrel Oaks Winery is such a special place. Nestled in the rolling hills of picturesque Delaplane, BOW sets the benchmark for Virginia wineries and elevates Fauquier County with their success. Their hard work and innovation should be rewarded, not condemned. Their spirit of never resting on their laurels and passion is instilled in all aspects. BOW consistently breaks barriers of predictability with their business model. The flowing list of charitable events and programs is such a bar setting example and asset to this community, the local farmers, animal shelters, food drives, cancer benefits it is a mystery why the county would want to intrude and limit this type of vision! Fauquier County needs to recognize and be grateful for Brian and Sharon Roeder for making BOW their home for their vision and reward businesses in lieu of limiting. Please support BOW in their fight against the Farm Winery Ordinance so they can continue to mature, evolve and thrive in Fauquier County!

ChocFtn · December 10, 2012 at 12:56 pm

My company has been welcomed with open arms at BOW to donate a chocolate fountain for a fundraising opportunity for a local animal rescue group comprised wholly of volunteers. Small business to small business relationships are essential to all small business owners. Without the generosity of businesses like Barrel Oak Winery, organizations have little opportunity to raise essential funds to continue in their efforts to help others (both 4-legged and 2-legged.)

It is obvious that none of the members of the BOS is a small business owner. Nor are they economists. In these difficult economic times, one would assume the opportunity to generate additional revenue to be returned to Fauquier County would be welcomed. Unfortunately for the residents of Fauquier County, when the revenues from businesses dwindle and the cost of providing services to the residents increases, they will be the ones required to foot the bill in the form of higher taxes.

The best, most effective way to remedy the problem is to vote the members of the Board of Supervisors out of office. It is the surest way to make sure they understand.

tlamonia · December 9, 2012 at 8:24 pm

As a business owner and 12 year resident of Marshall, VA (3 miles from Barrel Oak Winery), I oppose the Farm Winery Ordinance and I appeal to the Supervisors to repeal it. Regarding the zoning restrictions contained in the ordinance, I have not heard any of my neighbors complain about Barrel Oak or any winery for that matter. Many of the folks who travel to the wineries stop in Marshall to eat or to get gas and that’s good for our local businesses. If the ordinance is left in place, it will discourage wineries from locating their businesses in Fauquier County due to the restrictions it imposes on the number of events that can be held at a winery and the convoluted permitting process it forces on the winery owners. The ordinance will reduce the amount of sales tax revenue for Fauquier County. It will also hurt the local suppliers who sell products and services to the wineries. The Farm Winery Ordinance does not represent the beliefs, wants, or needs of the affected local people or businesses and it needs to be repealed.

RonC · December 9, 2012 at 7:36 pm

Do the right thing. Save BOW.

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

Diane Burket · December 9, 2012 at 1:07 pm

When I first moved to Fauquier County, I heard that Fauquier was NOT business friendly. Unfortunately, the county and their gestapo rules and regulations has proven their lack of support for businesses over and over again. (Why do you think so many businesses have opened in other counties---not in Fauquier??!!) Barrel Oak Winery is a beautiful destination that supports Fauquier artisans, residents, charities and many small farms. Their patrons spend money in Fauquier County, eating at restaurants, staying at hotels and B&B's, buying products from local stores. BOW is a dog and kid friendly winery that pays a lot of taxes. As a Fauquier resident, I'm very happy that Barrel Oak Winery is so successful. We need more wineries in this county to share the tax burden. Of the dozens of times I've visited Barrel Oak, the winery was quiet, the music low and folks were truly enjoying the beautiful rolling hills. Yes---kids were playing and well-mannered dogs were there---but no laws were being broken, no neighbors were being bothered. The only house I could see from the winery was the John Marshall house and another home---all part of the Barrel Oak property. I don't know why neighbors would complain about the nice folks at Barrel Oak. There are no neighbors that can see or hear the winery. If they're complaining about additional traffic---wait until all the wineries are forced to close and they have 1,000's of condos on those farms. Then they'll really have something to bitch about! Fauquier County needs to stop telling small businesses how to do business. Stop driving business out of the county!

brianroeder · December 8, 2012 at 12:09 pm

Big farming is dying off and being replaced by small retail farming. The family farm winery owners of Fauquier County are retail farmers. We buy the land that no one else wants. We take on the extraordinary risks and costs of planting and sustaining the land for agricultural use. We are local and accountable to our customers. We are good neighbors. We share the experience of living off the land in the quality of the extraordinary products that we make ourselves and in the experience that we create and share. The winery ordinance is misguided. It and other similar ordinances attack the ability of all Fauquier small retail family farmers to share that authentic experience - and thereby to make a living off the land. It thereby destroys the ability of our community to keep land ownership in local hands and used for farming. That is why so many farmers are angry with the county and fighting this and other similar ordinances. We can only hope to find a resolution. If we lose this defense we lose everything because he ordinance strips us of our business model. A model that has earned NO complaints from neighbors but many attacks from a handful of people who don't live in eye or ear shot of us. If farmers cannot earn a living the land is lost forever. Our leaders need to truly understand this relationship and act accordingly.

Facebook commentsAdd a comment 17 comments

Tony Tedeschi · Top Commenter · Warrenton, VirginiaThis is the issue where we will see our Supervisors put up or shut up about economic development and supporting the County. If they cannot get this worked out, it is pointless to continue having any meetings on furthering economic growth in Fauquier County with the government involved. The existing wineries should have been better treated than they have. Future wineries and their rights are up for debate but anyone that has already been in business and is conducting it within the law should not be punished and forced into expensive lawsuits. If agri-tourism business is not right for Fauquier County, what is?Reply · · · December 8, 2012 at 9:25am11

Dennis A Taylor · Showroom Manager/Designer at Golden Rule BuildersThe following comments are made by the writer as a tax payer and business owner in Fauquier. The commentary does not necessarily reflect the views of any organization that the writer is associated with.

Where does it STOP? Overregulation of small and micro business by local government is a zero sum game. Will the County eventually feel empowered to tell me what hours and in what fashion I can operate my micro service business? Will they end up running our Chambers of Commerce and Business Associations? At the rate they are going anything is possible - which is, in a word, terrorizing.

County, Barrel Oak Winery working to settle lawsuit

http://www.fauquiernow.com/index.php/fauquier_news/article/county-barrel-oak-winery-working-to-settle-lawsuit[4/18/2015 4:00:05 PM]

If Agriculture and Agritourism is the key ingredient to keeping Fauquier "Fauquier" then why are our local officials trying to purposely kill it off? Tourists come to Fauquier, they spend money in our wineries, shop in our shops, stay in our hote... See MoreReply · · · December 9, 2012 at 1:34pm6

Brian Roeder · Top Commenter · Aptos High SchoolThank you Dennis. When farming is lost - beautiful Fauquier is lost. Important members of our local government have yet to grasp the true importance of that fact. Just because a farmer is also a business man does that make his farm "commercial"? Or does that make him or her endeavoring in every imaginable way to pay the bills and remain upon the land? If the actual neighbors are not being hurt then why do some leaders listen to others who are not actually neighbors? Why do they put up obstruction after obstruction to retail farming. Moreover, why do the PEC and the CFFC support such restrictions? Where is the logic?Reply · · · December 9, 2012 at 6:05pm4

Vassilis Christakis · Works at Black Sea Trade and Development BankI have known Brian and Sharon (Barrel Oak owners) since graduate school and the two have come to epitomize, in my mind, the true spirit of American innovation and entrepreneurship through their quality products and efficient business models. They have put together a business from scratch, one that not only makes a healthy living through a protogenous productive activity, but also offers a lot to the community and the society at large. Coming from a country, where over-regulation has killed lots of sound business opportunities, I would urge the county to reconsider the entire ordinance in due course, even if a settlement is made now.Reply · · · December 10, 2012 at 1:50am4

Steve Krauss · Corporate Development Officer at Censeo Consulting GroupI resonate with many of the other comments posted here. My wife and I live in Fairfax County and on any given we weekend we and many of our friends could just as easily go to Loudon or enjoy other activities here or downtown. We come to Fauquier (and to BOW in particular) because we love the Fauquier countryside and we appreciate the things that BOW has done to make itself a welcoming place to families and a supporter of community causes. Collectively we and our friends spend a lot of money that generates tax revenues for Fauquier's schools and other services. I realize that no one in Fauquier wants to hear what residents of other counties think they should do, but the Board of Supervisors should realize that if it is their intent to drive business and tax revenues out of Fauquier to other places it is within their power to acomplish that. I heartily hope, however, that the County and BOW will settle this dispute as the article indicates -- it is hard to see whose interest it serves by not doing so.Reply · · · December 9, 2012 at 2:52pm4

Alfredo AlegrettI completely support BOW, I am a regular customer and if they were not here I will be spending my money on other counties. Fauquier needs more business like BOW. Not only BOW is a great place to mingle with friends and neighbors they support a variety of local charities and the concept of buy local. It will be very disappointing is the board does not support BOW as is obvious that the county residents do.Reply · · · December 9, 2012 at 8:25am4

Susan Bradley Mitchell · Purcellville, VirginiaBOW brings so much to the Fauquier County community. In addition, this is supposed to be America, where we can open a business and conduct it in a responsible manner. That is what BOW does. This is also an agricultural business and isn't that what helps preserve our land?Reply · · · December 8, 2012 at 8:28am4

Kathy Lang Wiedemann · Washington, District of ColumbiaWell said, Susan!Reply · · · December 8, 2012 at 8:29am1

Lynne Richman Bell · Top Commenter · Executive Director at Boys and Girls Clubs of FauquierMore than anything I am pleased that we are seeing some productive conversation occurring between the parties. I am in absolute agreement that the job of the municipality is to "protect" its citizens and their rights and establish a fair and balanced playing field for businesses that encourages the entrepreneurial spirit and preserves and enhances our community culture. However, the winery ordinance as passed, in my opinion, exceeded the limits of government control of business.

Specific to Barrel Oak, the aesthetic and cultural value brought by the business of farm wineries is one that honors the sophistication and beauty of our area. Allowing, and even encouraging, such a positive asset to our county (within the bounds of the law that existed when established) is in our community's best interest.

I commend the spirit of collaboration, the sensibility, and the cooperation of the Supervisors and am hopeful the we as a community will be able to put this divisive issue to rest.

County, Barrel Oak Winery working to settle lawsuit

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Reply · · · December 10, 2012 at 11:22am2

Brian Roeder · Top Commenter · Aptos High SchoolHear Hear.Reply · · December 10, 2012 at 12:14pm

Sunny Reynolds · Director at BioTrek Adventure TravelsBrian I hope this can be settled. You have a fabulous and honorable business- everything Fauquier should embrace! We must get past punishment on our business community.Reply · · · December 10, 2012 at 9:30am2

Donnie McFall · Owner-operator at McFall ConsultingWhy would they want to restrict the events of such a wonderful winery with the most community friendly vibe to to. Can BOW be re-zoned as a commerical property that supplies its own products instead of Agriculture? Thereby surpassing the new law.Reply · · · December 8, 2012 at 8:08am2

Stacie Davis · Executive at That Wrap Thing DCif wineries are holding events it's because there it's a demand for it. what has happened to "Government for the people..." The county is denying people the right to enjoy wineries in the way they see fit. Clearly not a government "for" the people.Reply · · · December 8, 2012 at 8:06am2

County, Barrel Oak Winery working to settle lawsuit

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Statement of Justification Barrel Oak Winery

3623 Grove Lane Delaplane, Virginia

Project Name: Barrel Oak Winery Property Owner: Brian Roeder & Sharon Roeder Applicant: Brian Roeder Location: Grove Lane (Route F185) approximately 2,100 feet north of Ashville Road

(Route 723) or approximately 1,000 feet south of Justice Lane District: Marshall PIN: 6050-35-3709 Acreage: 70.3283 acres Zoning: Rural Agricultural Comp Plan: Rural Agricultural Request: Farm Winery Special Events pursuant to Section 3-318.18.2 and 5-1810.2

of the Fauquier County Zoning Ordinance Barrel Oak Winery (BOW) is seeking approval of a Category 18 Special Exception to hold winery special events on a 70.3283 acre tract zoned RA, Rural Agricultural. BOW is a licensed farm winery that officially opened in 2008. The first vines were planted n the 2006-2007 timeframe. The tasting room and portion of the winery open to the public has been in existence and operating in its current capacity for 4 years without incident. The property is located on the east side of Grove Lane (Route F185) approximately 2,100 feet north of Ashville Road (Route 723). The property is bordered on the north, south and east by other rural properties and bordered to the west by Grove Lane and Interstate 66. The rural property to the south is owned by the applicant. The rural property to the north is leased by the applicant with an option for purchase. The closest off-site dwelling is located approximately 1,725’ from the winery building and is located on property owned by the applicant. The property is rolling, well drained & ideally suited for the use. There are no drainfield, floodplain, wetlands or stormwater issues associated with the property. BOW is currently open to the public 7 days a week 11-6 Sunday through Thursday and 11-9 on Friday and Saturday for tastings and tours. BOW is also open for private events. Peak times are weekends in the spring, summer and fall when several hundred people a day may visit the winery during the hours of 11am till 9pm. BOW is visited by people from Fauquier County, greater Northern Virginia and Maryland. Out-of-state tourists visit BOW along with the other

Page 2 of 10 Statement of Justification Category 18 SE – Barrel Oak Winery

winery located throughout Fauquier County. BOW employs approximately 20 people in the winter months and up to 60 during the height of the season. Brian & Sharon Roeder are the owner/operators of BOW whose qualifications to operate include:

1. Construction and use permits issued by Fauquier County in 2007 2. Sales and production license issued by the U.S. Tax and Trade Bureau in 2007 3. Business license issued by Fauquier County in 2008 4. Virginia State ABC sales license issued in 2008 5. U.S. Patent and Trade Office Trademark brand registration approved in 2009 6. In receipt of dozens of “Best Winery” and “Best Wine” awards since opening.

Special Exception Standards The farm winery special events use is permitted in the RA zoning district subject to the general standards for special exceptions set forth in section 5-006, as well as the further standards for farm winery special events set forth in Section 5-1810.2. Below please find a discussion of those standards. General Standard 5-006.1 The proposed use shall not adversely affect surrounding properties, shall be consistent with the County’s comprehensive plan and shall not discourage appropriate development of adjoining properties. The use is being proposed in an agricultural area, planned to be rural in the comprehensive plan. The location of the existing improvements is central to properties owned by the applicant and will not impact the ability of the adjoining property owners to use their land. General Standard 5-006.2 The proposed use shall not generate pedestrian or traffic hazards. The proposed use will not be a hazard to pedestrian or vehicular traffic. The proposed use is located on a collector road. The peak traffic will be on the weekends and will not conflict with school buses or people going to and from work. Grove Lane is not a road used by pedestrians. The property has a VDOT approved commercial entrance. General Standard 5-006.3 The Board may require additional landscaping/screening. The applicant either owns the properties adjacent to the winery or has an option for purchase. The applicant has placed a row of evergreen trees in front of the parking spaces located at the rear of the winery building. The applicant has also placed a row of maple trees along the roadway leading to the winery. The nearest off-site residence is 1,725’ from the winery complex and is owned by the applicant.

Page 3 of 10 Statement of Justification Category 18 SE – Barrel Oak Winery

General Standard 5-006.4 Open space shall be provided in an amount at least equal to that specified for the zoning district in which the use is proposed. There is no zoning requirement for open space in RA for this use. General Standard 5-006.5 Adequate utility, drainage, parking, loading and other necessary facilities shall be provided. The use will utilize the existing winery complex which contains adequate facility as identified above. General Standard 5-006.6 Signs shall be consistent with the Zoning Ordinance; the Board may apply more stringent requirements. The applicant does not propose additional permanent signage with the use. Temporary signage may be used during some events for directional purposes and will be removed after each event. General Standard 5-006.7 The future impact of a proposed use will be considered and addressed establishing a time limit for use. BOW has operated without complaint or incident or impact upon adjoining neighbors since 2008. BOW seeks approval now for three (3) years with three (3) five-year extensions by the Zoning Administrator for a total time approval of eighteen years. All improvements are existing and are reflected in this application. General Standard 5-006.8 The proposed use shall not degrade or deplete air quality, surface and groundwater. The proposed use will utilize existing facilities therefore no site work or grading is required that will deplete surface or ground water. General Standard 5-006.9 All uses shall comply with lot size, bulk regulations, and performance standards of the zoning district in which it is located. The proposed use is located on a 70.3283 acre site. The use meets the lot size, bulk regulations and performance standards of the RA zoning district. Additional Standards for Farm Winery Special Events 5-1810.2 5-1810.2 .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; The events will meet the standards and use limitations in Sections 6-402 and 6-403 as discussed below.

Page 4 of 10 Statement of Justification Category 18 SE – Barrel Oak Winery

6-402 .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 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. 6-402 .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 existing lighting meets the requirements and any special lighting associated with the events will be shielded and pointed downward to protect adjoining properties from unnecessary light and glare. 6-402 .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 is located a minimum of 300 feet from all lot lines. 6-402 .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. Off-street parking is not within 100 feet of any property line. 6-402 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. The farm winery will not serve food that requires the winery to obtain a license from VDH. 6-402 6. Occupancy: No activities or events held at a Farm Winery, including Wine Tasting and Consumption and Special Events, shall result in more people being On-site than the authorized

Page 5 of 10 Statement of Justification Category 18 SE – Barrel Oak Winery

occupancy limits under such Farm Winery’s Health Department septic permit, or under any other applicable statute, ordinance or regulation. The farm winery building can accommodate 285 people and the patio can accommodate 250 people for a total of 535 people. BOW is only requesting a maximum of 250 people per event; therefore, we are requesting a number of people well below what can be accommodated. 6-402 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, and 11:00 p.m. Friday and Saturday, and 10 p.m. Sunday. Closing times for special events are acceptable. 6-402 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. BOW currently requires that all of its employees participate in ServeSafe or TiPs server training sessions. It shall 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. Restaurants, Food Establishments as defined by the Health Department, or any activity which requires a Temporary Food Establishment Permit from the Health Department 2. Helicopter rides 3. Hot air balloons 4. Fireworks 5. Grocery, convenience or general stores 6. Go-kart, motorized bike or four-wheeler trails, tracks or rides 7. Amusement park rides 8. Flea markets 9. Farmers’ markets 10. Bowling Alleys 11. Mini-golf 12. Personal Services, including beauty or spa type services 13. Lodging 14. Such other uses as are determined by the Zoning Administrator to be similar in nature or in impact to those listed above. The applicant proposes none of the above activities or uses under this request.

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5-1810.2.2. Special Events granted by Special Exception shall further meet the standards and use limitations set forth in Sections 5-1810.1(3); The events will meet the standards and use limitations in Section 5-1810.1(3) as discussed below.

5-1810.1(3). A. No uses shall be granted by Administrative Permit if the Farm Winery is on a lot less than 11 acres in size. BOW is 70.3283 acres and thereby greater than the minimum lot size. 5-1810.1(3).. B. Foods other than Light Accompaniments, including meals, may be served at 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 a food cart. The winery will not obtain a VDH license for a permanent or temporary food establishment. 5-1810.1(3). 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. BOW has direct access to Grove Lane (Route F185). 5-1810.1(3). D. No outdoor uses shall be granted by Administrative Permit if the proposed Special 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 off-site residence is 1,725 feet from the farm winery complex. It is located on PIN 6050-34-8502 located to the south of the property and currently owned by the applicant. 5-1810.1(3). 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 p.m. Sunday. The proposed closing times for special events are acceptable.

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5-1810.1(3). F. Notwithstanding the limitations set forth for Special Exceptions in Section 5-1810.2, 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 property is greater than 11 acres and has direct access to a street, therefore, this requirement does not apply.

5-1810.2.3. The standards for consideration of an Administrative Permit as set forth in Section 5-1810.1(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.

5-1810.1.(4). The Zoning Administrator shall consider the following standards in determining whether or not to grant or reissue an Administrative Permit: 5-1810.1(4). A. The presence or absence of a history of past violations of conditions of permits issued by the County or the Health Department; BOW has no known violations of past permits. 5-1810.1(4). B. The consistency of requested Special Event sizes with: i. The capacity of access roads to accommodate the expected vehicular traffic, including road designation on the Rural Road Classification Map 10.1 in the Comprehensive Plan; ii. The road safety based on factors such as sight distances, road surfaces, road width and shoulder width; iii. The designed capacity of the entrance; iv. 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 v. The availability and location of parking facilities. BOW is located on a Rural Major Collector road; has a permitted commercial entrance; has obtained a new drainfield and reserve area and has had them permitted through VDH; and has parking located immediately adjacent to the winery complex located more than 100 feet from any property line. 5-1810.1(4) C. The size of the Farm Winery property; The farm winery is 70.3283 acres – greater than the 25 acres required for an SE for special events and greater than 11 acres for any use allowed by administrative permit.

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5-1810.1(4) 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. 5-1810.1(4) E. The distance between the Farm Winery entrance and driveway, and any nearby non-Farm Winery residence; The nearest non-farm winery residence to the entrance is located on PIN 6050-37-4078, the adjacent Chamberlain property. It is 1,775 LF from the entrance. 5-1810.1(4) F. The effect of headlight glare from Special Event traffic on neighboring residences; There are no neighboring residences within 1,700 LF of the property. 5-1810.1(4) G .The effect of noise on residents in the surrounding areas; Noise will be inaudible at the property lines. The nearest residence is over 1,700 LF from the winery complex and BOW is located upon I-66 which generates noise levels in excess of 100db 5-1810.1(4) H .The capacity of the Farm Winery’s event facilities to accommodate the number of proposed attendees; The events facility can accommodate up to 535 persons. BOW is requesting a maximum of 250. 5-1810.1(4) I. The written comments of nearby property owners and residents received by the Zoning Administrator; and We are unaware of any negative comments provided by our neighbors. 5-1810.1(4) J. Such other factors as the Zoning Administrator determines may have a substantial impact on the health, safety or welfare of the public. We are unaware of other factors associated with our request.

5-1810.2.4. 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. The property has frontage on F185 Grove Lane which in effect Route 55 a Rural Major Collector in the Fauquier County Comprehensive Plan. The traffic associated with this use does not affect health, safety or welfare of the public or adjacent owners. The applicant obtained and

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constructed a commercial entrance from VDOT for the vineyard and winery in 2008. In the past 30 months, the Fauquier County Sherriff’s Dept. has recorded no instances of traffic problems related to the operation of Barrel Oak Winery. 5-1810.2.5. 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. BOW contains 70.3283 acres and exceeds the minimum property size for farm winery events. 5-1810.2.6. 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 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. BOW is requesting the following activities associated with the farm winery:

110 evenings per year with extended hours from 6-9 PM with 150 people or less. These are evenings distinguished by BOW being open to the public for on-site tasting, education, sales, and consumption;

24 weekend evenings per year with extended hours from 6-11 PM with 250 people or less. These are evenings distinguished by BOW being closed to the public for private events such as facility rental (weddings) or facility donation (charitable benefits); and

60 weekend days per year with a food cart vendor or tented BBQ vendor on-site. The activities listed above are the historically normal operating activities of Barrel Oak Winery. We are requesting to operate as has been usual and customary for this farm winery operation since 2009. 5-1810.2.7. 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. Sheriff's Office b. Virginia Department of Transportation c. Emergency Services Coordinator d. Health Department BOW will provide the necessary evidence to the Zoning Administrator for the permitted events. 5-1810.2.8. 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 renewed reissued for additional three (3) year periods of 5 years or greater, as determined by the Board of Supervisors. The

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procedure for reissuance renewal shall be that specified in Section 5-009. The Special Exception may, at the discretion of the Board of Supervisors, provide for administrative renewal 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 BOW requests concurrent approval of the maximum terms allowed by the special exception, the approval for three years with 3 additional extensions for 5 year periods by the Zoning Administrator totaling 18 years. 5-1810.2.9. 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. BOW will notify the County of any anticipated change of ownership associated with the farm winery. In conclusion, Barrel Oak Winery meets the required standards for having farm winery events and has been operating in such a capacity without incident since 2009. We therefore request favorable consideration of our Special Exception request to operate as usual and customary to this farm winery for the maximum allowable approval timeframe.