PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                                       Board Meeting Date:

Salahi Family Limited Partnership                                  April 21, 2003

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District:  Marshall                                    PIN(s):

Service District: None                                5998-87-0439-000 and 5998-88-4344-000

Topic:                                                                                                                                     

A Resolution Approving SER03-M-02:  Renewal of a Category 9 Special Exception to Continue Certain Outdoor Recreational Operations at Oasis Winery, Salahi Family Limited Partnership, Applicant

Topic Description:

The Salahi Family Limited Partnership has submitted a request for the renewal of Special Exception SE99-M-47, granted by the Fauquier County Board of Supervisors on April 3, 2000 .  This Special Exception was itself, a renewal of Special Exception SE99-M-06, originally granted July 6, 1999 , and Special Exception SE98-M-015, originally granted September 15, 1998 .  The current Special Exception expired on or about April 3, 2003 .

The last Board of Supervisors approval for this Special Exception was subject to a number of conditions (see Attachment 2). The approval was effective for three (3) years, which included two (2) one-year extensions to be granted administratively by the Zoning Administrator. Both of these extensions have been granted, the last expiring on April 3, 2003 . The applicant is seeking a renewal of the Special Exception, but is also seeking a number of changes. The proposed changes are outlined later in this report.

Land Area, Location and Zoning:                                                    

The property is located at 14141 Hume Road , State Route 635, in the Marshall Magisterial District. As shown on the following map, the property is located in the westernmost part of the County adjacent to Rappahannock County .

Neighboring Zoning/Land Use:

The property is surrounded by land in the RA zoning district. The entire area is primarily in agricultural use.

Action Requested of the Board of Supervisors:

The Board is requested to conduct a public hearing and take action on SER03-M-02. A resolution of approval is included for the Board’s consideration. The proposed resolution simply renews the conditions currently in effect for three additional years.

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

Zoning-Related Comments

1.      In accordance with Section 3-200.2 of the Fauquier County Zoning Ordinance, this district is to contain those areas where agriculture and forestry are the predominant uses or where significant agricultural lands or large lot farmette type residential development exists.

2.      The proposed Special Exception Renewal shows no new structures or an increase in any area as shown with the previously approved Special Exceptions. 

3.      The proposed increase in attendance would increase the intensity of the existing use. It is not clear that adequate parking is shown on the plat that will accommodate the increased number of vehicles and traffic.

4.      Health Department approval or verification would need to be obtained for any accommodations for the increased number of attendees.   

5.      With an increased number of attendees, it is not clear if there is also an increase in the number of staff required.

6.      Current Special Permit obtained by the Fauquier County Board of Zoning Appeals was obtained on March 4, 1993 to allow the winery to hold up to 15 events annually. 

7.      Current Special Exception expires April 2003. 

8.      There are no known zoning violations on the site.

           

Engineering Considerations

The Engineering Division reviewed this Special Exception request and provided the following single comment:

·        Due to the potential increase in vehicular traffic, all areas that are to be used for parking should be gravel or asphalt.

Proposed Changes to Special Exception Conditions

In addition to requesting the renewal of the existing Special Exception, the applicant is seeking modifications to a number of the conditions previously imposed by the Board of Supervisors.  Attachment 2 presents the original conditions. The following is a summary of the proposed changes. A more detailed presentation is provided in the applicant’s Statement of Justification. That document is included as Attachment 3.

Condition No. 1 specifies the types of Class C uses allowed on the property.  The applicant is requesting that language be added to include “charitable and political events and/or fundraisers” within the list of permitted activities.

Condition No. 5 limits the number of cumulative attendees for wine tasting lunches at 150 persons between the hours of 11:00 a.m. and 3:00 p.m.   The applicant is requesting two changes: 1) that the number of attendees be changed from 150 to 200 cumulative attendees, and 2) that the allowed time be increased by 2 hours - 11:00 a.m. and 5:00 p.m.    

Condition No. 6 limits the number of wine tasting dinners to 12 per month between the hours of 6:00 p.m. and 10:00 p.m.   The applicant is seeking to have the hours for the wine dinners increased by one hour: 6:00 p.m. and 11:00 p.m.

Term of Special Exception: The last approval provided for a 1-year term with two 1-year extensions, to be approved administratively by the Zoning Administrator. The applicant is seeking a renewed Special Exception, with the proposed modifications to the existing conditions for an extended period of five years.

Summary and Planning Commission Recommendation:

In addition to extending the current Special Exception, the applicant has proposed a number of changes to existing conditions; two (increasing the number of Class C events and allowing amplified music) have been withdrawn from consideration. It is the applicant’s intent to expand the outdoor recreational activity on the site.

On February 27, 2003 , the Planning Commission conducted a lengthy work session on this application. Severe winter weather forced the cancellation of the public hearing scheduled for that evening, but the public hearing was conducted on March 13, 2003 . More than 20 speakers addressed their concerns regarding this Special Exception. Most of these speakers expressed support for the requested renewal, but did not favor the proposed changes to the conditions, noting that these conditions were the result of considerable work and negotiation at the time of the 2000 Special Exception renewal.

The Planning Commission conducted a site visit and its final review on March 27, 2003 .

On that date the Planning Commission voted to forward a recommendation to the Board of Supervisors to approve the requested extension of the Special Exception without any changes to the existing conditions. This recommendation was based primarily on the following concerns:

·        The current conditions are the product of past interaction and negotiations with adjacent property owners and other concerned parties and have worked well since the last renewal;

·        The majority of public testimony sought retention of these existing conditions; and

·        The Planning Commission’s site visit revealed that the state of the existing road is unchanged from the previous Special Exception renewal, underscoring the Commissioners concerns about adding additional traffic volume.

A resolution reflecting the Planning Commission’s recommendation is included for the Board’s consideration.

Attachments:

1.                              Special Exception Plat
2.                             
Current Special Exception Conditions
3.                             
Applicant’s Statement of Justification
4.                             
Applicant’s Letter Amending Application
5.                             
Approval Resolution