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Staff Report:
Section 2-705.1 of the Zoning Ordinance, related to
non-common open space, limits uses on properties with
non-common open space to those listed as Category 18,
Agricultural Uses, in Section 3-318 of the Ordinance.
Recorded non-common open space easements contain this
explicit language limiting uses on the property to those
identified in Section 3-318 of the Ordinance.
An issue recently arose where a property owner, Reta
Rodgers, sought to hold equestrian events at Eastwood Farm,
located on Old Auburn Road directly across from the Fauquier
County Fairgrounds. The property has a non-common open
space easement that was approved by the Board of Supervisors
in 2005. Under the existing Zoning Ordinance regulations,
the proposed type of equestrian events could potentially be
authorized under either the Equestrian Facilities or
Spectator and Non-Spectator Field Events uses in
Category 9 (Outdoor Recreation) of the Zoning Ordinance:
3-309.8 Equestrian Facilities (boarding and
instruction) (non-spectator);
3-309.9 Equestrian Facilities (boarding and
instruction) (spectator facilities);
3-309.14 Spectator and Non-Spectator Field Events
(Class A);
3-309.15 Spectator and Non-Spectator Field Events
(Class B);
3-309.16 Spectator and Non-Spectator Field Events
(Class C).
In each of the use categories listed above, approval of any
equestrian event would require a special exception.
However, because the Rodgers property is in a non-common
open space easement, these Category 9 uses are not available
to the property. The request raised the issue of whether or
not equestrian activities, including boarding/instruction
facilities and equestrian events such as horse shows,
steeple chases, etc., should be allowed on properties in a
non-common open space easement. It further raises the
question as to the amount and extent of equestrian related
events allowed under each of the existing categories in
Section 3-309 of the Zoning Ordinance, as the different use
categories and standards do not clearly establish a
distinction.
While it appears that the intent of the Ordinance may have
been to allow a lesser level of equestrian events on smaller
properties utilizing the Equestrian Facilities
category, the existing standards do not actually accomplish
this. It is also possible that the intent was to utilize
the Equestrian Facilities category only for events
that are held in conjunction with boarding or training.
Regardless of whether or not the Planning Commission and
Board of Supervisors decide to allow equestrian uses of any
sort on non-common open space parcels, staff would suggest
that all related definitions and standards for the existing
Equestrian Facilities use categories be clarified so
that the extent and scope of events allowed under these
categories, as opposed to the broader Spectator and
Non-Spectator Field Events categories, is clear.
Analysis
Consideration of whether Equestrian Facilities should
be classified as agricultural uses and, therefore, allowed
on parcels restricted by non-common open space raises a
variety of issues from both the Zoning Ordinance and the
easement perspectives.
Should equestrian-related uses, including equestrian
events, be classified as agricultural uses in the Zoning
Ordinance?
For purposes of zoning, a Horse Farm is considered
agriculture. This category would typically encompass the
keeping or breeding of horses for sale. Certainly horse
boarding facilities seem an appropriate extension of this
allowed use, and possibly appropriate for properties that
are preserved for agriculture, which includes maintaining
property in pasture. Instruction activities are less
clearly agricultural in nature, but are certainly an
important accessory activity on many horse farms in Fauquier
County today. Equestrian events are also much less clearly
agricultural in character. With the exception of farm
wineries, which have special status under the Code of
Virginia with respect to events, all other agricultural uses
in the County would be required, under the existing
Ordinance, to secure special exception approval for any
events held in conjunction with the agricultural
operations. For example, Cows and Corn, in Midland, holds a
special exception for the various activities they hold.
Typically, these activities are not considered agricultural
uses and are authorized with special exception approval
through the Spectator and Non-Spectator Field Events
use category (outdoor recreation).
Are equestrian related uses, including equestrian
events, consistent with the terms and intent of the
non-common open space easement?
The intent of the non-common open space easement is to
preserve land for agricultural use, minimizing construction
of structures on the property, and preserving existing land
forms and vegetation. Therefore, another issue is whether
the three Equestrian Facility uses (boarding,
instruction, and events) are consistent with this intent.
There would be little purpose in relocating the
Equestrian Facilities use to the Agricultural category
if the uses are otherwise in conflict with the intent or
terms of the easements. Of the three types of
Equestrian Facility uses, facilities for boarding would
seem, on their face, to be compatible with the currently
allowed agricultural use of Horse Farm, requiring no
improvements beyond those typical for any horse farm.
Facilities for instruction could potentially be more
impactive, depending on the number of riders being trained
and the areas where training occurs (i.e., within a ring or
on trails in the area), but in many cases the facilities
utilized may already exist on a horse farm. The third type
of equestrian activity, events, raises additional
compatibility issues within non-common open space areas, as
they can be highly intensive and may require substantial
infrastructure improvements, potentially conflicting with
other goals of a non-common open space easement (i.e., the
preservation of existing land forms).
There is also a question of whether the Equestrian
Facility uses conflict with other standard provisions of
non-common open space easements. Instruction and Spectator
events would typically be considered a commercial activity,
and would typically occur outdoors; the County’s non-common
open space easements prohibit outdoor commercial activities,
via the following language:
Industrial
or commercial activities except farming, silviculture or
horticulture are prohibited except as can be and in fact are
conducted from the residence house, shop, toolhouse or other
permitted buildings without alteration of the external
appearance of the same.
Proposal
The initial draft of the text amendment initiated by the
Board of Supervisors proposed shifting both Equestrian
Facility categories from Category 9, Outdoor Recreation to
Category 18, Agriculture, continuing to allow boarding and
training by-right and requiring a special exception for any
spectator facilities. This process would allow evaluation
of events on a case-by-case basis and the Board could
consider, as part of this review, the extent to which the
proposed facilities would be contrary to the broader goals
of non-common open space. Boarding and Instruction would be
allowed by-right in the RA district and by special permit
approval in the RC District except where RC property was in
a non-common open space, in which case those uses would also
require special exception approval.
After extensive consideration of public input, the Planning
Commission made multiple changes to the proposal. The
current proposal:
1. Allows boarding and limited training (maximum of 10 people per
week) by-right in all districts where a Horse Farm is
allowed (RC, RA, RR-2, V, R-1). This is accomplished by
creating a definition for Horse Farm which includes
boarding and the limited training.
2. Allows more intensive instruction (over 10 people a week) and up
to 4 equestrian events per year by-right in the RA district
and with approval of a special permit in all districts where
Horse Farms are allowed, except that a special exception is
required where property is in non-common open space.
(Note: The Special Permit requirement automatically
becomes a Special Exception requirement where property is
located in non-common open space, pursuant to Section
5-001.4.B.)
3. Leaves Equestrian Events to be approved under the Outdoor
Recreation Class A, B & C use categories, with approval of a
Special Exception.
The chart below summarizes the effect of the proposed
changes in each zoning district and within non-common open
space, highlighting in red where more flexibility is given
for equestrian activities, compared to today’s Ordinance.
Staff would note that IN NO CASE would the regulations for
any property be more restrictive under the proposed
regulations compared to today’s regulations.
X=Not Allowed, P= Permitted
By-Right, SP=Special Permit, SE=Special Exception
|
|
RA |
RC |
RA/RC Non-Common OS |
RR-2, V and R-1 |
C-2, C-3, I-1, I-2 |
|
Raising, Breeding, Selling, Training Horses |
P |
P |
P |
P |
P |
|
Boarding Horses |
P |
From
SP to P |
From
X to P |
From
SP to P |
|
|
Riding Instruction up
to 10/students week |
P |
From
SP to P |
From
X to P |
From
SP to P |
|
|
Riding Instruction
more than 10 students week |
P
|
SP
|
From
X to SE |
SP |
|
|
Equestrian Events up
to 3 per year |
From
SE to P |
From
X to SP |
From
X to SE |
From
X to SP |
SE |
|
Equestrian Events
more than 3 per year |
SE |
SE |
X |
X |
SE |
Overall, the revisions provide substantially more
opportunities for equestrian activities relative to current
regulations, particularly on non-common open space parcels.
However, the proposed regulations do not create an
opportunity for more than 4 events per year on any property
in non-common open space.
Process
The Board of Supervisors initiated the proposed text
amendment on August 13, 2009. The Planning Commission held
public hearings on the issue on September 24, 2009, October
29, 2009 and December 9, 2009 and unanimously recommended
approval of the proposed amendment on December 9, 2009.
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