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One of CFFC's nine recommendations to our Supervisors for economic development is to "Continue to promote agriculture, forestry, equine and other open space businesses in the County for both revenue generation and cost avoidance, as well as to reinforce the cultural elements most central to the County's character."
CFFC believes Farm Wineries have the potential to contribute to rather than detract from the rural way of life we work to preserve.Essential to this outcome is a well drafted Farm Winery Ordinance that protects our citizens’ rights to the quiet enjoyment of their land, encourages uses respectful of our rural countryside and creates a supportive environment for agribusiness.
The Board of Supervisors delayed decision on Winery Ordinance for up to six months at 8 September meeting. See CFFC's comments and position on this ordinance and support for local wineries and concerned citizens below.
At the September 8th Board of Supervisors meeting, the Supervisors decided on a six month postponement of scheduled BOS action on the August 24 draft of the Farm Winery Ordinance. Despite the six-month postponement, both Peter Schwartz and his colleagues expressed their desire and determination to enact an ordinance before year's end.CFFC was prepared to support passage of the August 24th draft of the Farm Winery Ordinance with a list of reservations relating to its content.
CFFC views the postponement as an opportunity to advocate amendments to the Farm Winery Ordinance that would address these reservations.CFFC remains concerned that postponement of action on the ordinance may result in negative consequences for concerned citizens as more Farm Winery licenses are granted and potentially grandfathered under inadequate provisions. At the same time,CFFC is also concerned that changes to the draft provisions could result in overregulation and cause harm to those wineries who, through respectful business methods, enrich the county’s agricultural heritage.
CFFC recognizes the difficult, three-fold task that is before the Supervisors. They must craft an ordinance that does not inadvertently over-regulate wineries who with genuine intent seek to succeed in the agricultural venture of manufacturing and selling wine. They must protect the health, safety and welfare of the public. And they must protect theCounty’s Rural Agricultural Zoning from exploitation by those few wineries who would seek to abuse the special consideration given to Farm Wineries by the state.
Successful future revisions of the ordinance are dependent not only on an honest assessment of its impact on Farm Wineries and the County’s Rural Agriculturally zoned land, but on its impact on the Health, Safety and Welfare of the public. These impacts to the public welfare can only be assessed through the County’s careful documentation of all citizen complaints whether or not a violation of the current ordinance has occurred and a diligence on the part of the community in communicating these complaints.CFFC will continue to advocate the changes we believe will improve the ordinance and to encourage a constructive discourse between the citizens, Farm Wineries and the County.
Posted at the top of the right hand column of this page is a list of the areas CFFC has impacted within this ordinance.
The Board of Supervisors closed the Public Hearing on the Winery Ordinance after August 11, 2011 Hearing. Addition revisions were made and published in a draft dated 8-23-2011. The Board can act on this new draft on 8 September.The September draft contains additional changes which you may want to comment on to Supervisors Schwartz and Trumbo before their 8 September meeting. Draft ordinance is at top of right hand column of this page.
Good Provisions:
- The set-back requirements fornew structures has been increased from 100 feet to 300 feet from all lot lines, with similar limitations applicable to the expansion of existing buildings;
- The proposed Ordinance allows amplified music as long as it is not audible at or beyond the property line of the Farm Winery;
- The proposed Ordinance requires the farm winery to provide adequate security, emergency, traffic control, sanitation and refreshment services (under section 5-1810) for all Special Exceptions granted for Farm Winery events (although CFFC had recommended requiring such services for any event, whether by-right or by special permit or exception, that is expected to generate 200 or more people).
Two very troublesome provisions remain, that, when considered together, have the potential of extending the daily operating hours of a farm winery to 10:00 p.m.on Sunday (except holiday weekends) through Thursday, and 11:00 p.m. on Friday, Saturday and holiday weekend Sundays. -The latest draft allows tasting room hours of 7:00 p.m. Sunday through Thursday except holiday weekends, and 9:00 p.m. Friday, Saturday and holiday weekend Sundays. CFFChad recommended a 6:00 p.m. or sunset closing, whichever was later, to reduce the threat to the general health, safety and welfare of the public imposed by unfamiliar and/or potentially impaired drivers navigating narrow, winding, unfamiliar, unlit rural roads after dark. In addition to the tasting room hours, the latest draft allows an unlimited number of farm winery events for all farm wineries having an ABC license pending prior to approval of the Ordinance, limiting the number of attendees allowed at the event with the level of a farm winery (which is based on number of acres and the road classification of a winery, under section 6-102.1 G). With the current closing hours, CFFC supports the elimination of the unlimited category under section 6-102.1.G in its entirety.
- The proposed Ordinance allows an additional farm winery event once a week with a greater number of attendees allowed, again correlating the number of attendeeswith the farm winery’s acreage and road classification. In addition, the number of events allowed may be doubled by special permit under section 6-102.1 H. Any tastingthat continues beyond the regular tasting room hours can morph into a farm winery event, by definition under section 5-1300, as long as “wine or food is served or music or other entertainment continues or starts” . The closing hours for wine tasting events is 10:00 p.m. Sunday-Thursday except holiday weekends and 11:00 p.m. Friday, Saturday and holiday weekend Sundays.
The above provisions appear to encourage a roadhouse environment that isinappropriate in an agricultural and rural area, and impose a substantial threat to the health, safety and welfare of the citizens of Fauquier County.
CFFC has been studying this issue closely, analyzing state statues, meeting with supervisors, winery representatives and winery neighbors.CFFC will be posting a response to the proposed ordinance soon.We encourage any interested parties to read this draft ordinance and to post your comments on our Face Book page or send an email to the selected individuals as indicated above.
