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Home My WebLink AboutAP201800002 Application 2018-11-09COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD LANE AUDITORIUM, 2:00 P.M PRELIMINARY AGENDA TUESDAY, DECEMBER 4, 2018 1. Call to Order 2. Establish a Quorum 3. Public Hearing: A. Project Number: AP2018-00002 Roslyn Farm and Vineyard Property Owner: Roslyn Farm of Albemarle County, LLC Appellant: MESA Associates/John or Trula Wright Staff: Bart Svoboda 4. Approval of Minutes A. November 14, 2017 meeting 5. Old Business 6. New Business 7. Adjournment BOARD OF ZONING APPEALS MEETING GUIDELINES Thank you for attending the Board of Zoning Appeals (BZA) meeting. The following information is provided to help ensure the meeting proceeds as efficiently and effectively as possible. As a courtesy to others, please turn off all cell phones during the meeting. General Information: This meeting is recorded and later transcribed into minutes approved at a later meeting date. Each item set for public hearing will begin with a presentation of the staff report. Next, the applicant or appellant for that item will be invited to speak. During the course of the process, the Chairman will open the public hearing to comments from the public. At the end of these proceedings the Chairman will announce that the public hearing is closed. Once the public hearing is closed, no further public comments will be allowed unless the Board asks for additional information from the applicant or appellant. The BZA reserves the right to digress from these guidelines in any particular case. To Members of the Public: If you wish to address the Board, please raise your hand or stand when the Chairman asks for public comments for that item. When it is your turn for comment, please come to the microphone and state your name for the record. For uncommon spellings, please spell your name for the recording secretary. If you are with a group of people, you may want to have a spokesperson present your position to the Board. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere to the following guidelines: • Come forward to the speaker's podium and state your name; • Address comments directly to the Board as a whole - open public debate is prohibited; • State your position and give facts and other data to back it up — keep in mind that there is a 3 minute time limit for public comment; • Give written statements and other supporting material to the Recording Secretary (written comments are also welcome if you do not wish to speak). Additional Guidelines for Applicants and Appellants addressing the Board: • Please contact staff in Community Development ahead of the meeting to make any necessary arrangements for your presentation. The Recording Secretary will also need copies of any handouts _-ggiven to the BZA members for the official record of the meeting. • Be clear in stating your position and do not repeat information that has been previously submitted to the Board. • Stay on topic by addressing the questions in the application or by responding directly to staffs determination(s). Focus on presenting facts and data that support your position. • Keep in mind there is a 15 minute time limit for presentations and a 5 minute time limit for rebuttal comments. The Board will ask any necessary follow-up questions to clarify points made during the presentation. • Understand that the Board of Zoning Appeals cannot change County ordinances. The BZA reserves the right to place additional time limitations on speakers, as necessary. Albemarle County Planning Application Community Development Department 401 tVclntire Road Charlottesville, V.4,22902-45% Voice : (434) 298-5832 Fax : (4341972-4126 TMP=06100-00-00-002007 Owner(s): MESA ASSOCIATES Application #I AP2018000=02 P-R—OPERTY INFORMATION Legal Description fn —ROSLYN HEIGHTS PER DEED BOOK 1761 PG 019 11/12/1999 Magisterial Dist, 'Jack Jouett Land Use Primary Residential Single-family (incl. modular homes Current AFD :Not in A/F District Current Zoning Primarv, Rural Areas ;APPLICATION INFORMATION Street Address 95 ROSLYN HEIGHTS RD CHARLOTTESVILLE, 22901 Entered By Application Type 'Appeal of Zoning Administrator's Determination on Jennifer Pritcl Project Roslyn Farm and Vineyard - CLE2018-41 Received Date F0-9/ 0 5 /iLl Received Date Final E= Submittal DateTotal Fees, 2511, Closing File Date Submittal Date FinalTotal Paid . i d r 258] Revision Number Comments Legal Ad ,!:-Ut$ APPLICATION(S) Type Sub APPI icatio Comment APPLICANT / CONTACT INFORMATION _ContactT e L CilyState, MESA ASSOCIATES 3025-A MCNAUGHTON DFUVE COLUMBIASC Zip Phone Phonebel 29223 ........ .. ...... ... ..... . .. ...... y =t t)OHN ORTRUL-.AIRIGHT 95 ROSLYN HEIGHTS RD CHARLOTTESIvILL 22901 4345313931 Signature of Conti -actor or Authorized Agent Date FOR OFFICE USE ONLY AP # SIGN # ZONING ORDINANCE SECTION: Fee Amount $y�_ Date Paid Ip By who? r P % Receipt # I I�► I Ck# G��t� By: Application for ,. Appeal of Zoning Administrators Determination )Q Appeal of Zoning Administrator's Determination = $258 FEES to be paid after staff review for public notice: Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects the average cost of public notice fees, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage $1.08 for each additional notice + actual ➢ Preparing and mailing or delivering each notice after fifty (50) cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public Actual cost hearing) (averages between $150 and $250) Contact Person (Who should we call/write concerning this project?): ©,1w Qie Address / � 5� �/x/ "01 #T3� Fyn Cid JTr!4� trj ,,` State V,457 Zip L'! Daytime Phone/ y31 Fax # 7 �� J�J tiZE-mail �j�/PL%~D� 0 e�%4 Owner of Record /�(�S in ej L�J N c y Address C7 a50IV eP 6�71" dp o City4, 9 7, TJ`Cz� 0 ACC _ State __&'Zip c; Daytime Phone . � � JS Fax # L_) Email 5;�� 4 �$ f0►0�i�% i/Yl �'/1%�; `t7,11 Applicant (Who is the Contact person representing?): . s SSCO� //�.�� . "!9 t14 6i"Vi/) Address 9J1 - State f�� Zip C��% Daytime Phone S I P /_✓ � '— �9-� Fax # '—�� -mail r /0 ae r l N County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/1/2015 Page 1 of2 Project Name: iC DS, /IpM AND Tax map and parcel: "— PJt�' ! C%� ��C�d` Zoning: Physical Street Address (if assi ned): Location of property (landmarks, intersections, or other): JZ 0" e jgTGcA!F .&— h/ v The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's osition, including error in Zoning Administrators determination. You may use the space below to provide this information -%submit an attached sheet. --------------� 3) If applicable, a copy of the latest deed for the prope involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. _ 6) Appropriate fee made payable to the County of Albemarle. AFC b� ��` I �� ` ( Cam` /2 �} A- r- cuff-.c e--&L 01)e- ct4i r,-k-5 Explanation of error in determination and justification of applicant's position: r._ 5" # )� 'D14 N`oi F01-LAW /7 S eW A/ A cl4.0-7 S .911i-3 ,Z �///C,4r-*e -5' Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. /y1 �g A 5s r✓� /r>t s� ,q dia Date: & gnature o wner or C I ac Purchaser, Agent Print Name Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Revised 11/1/2015 Page 2 of 2 JUSTIFICATION FOR APPEAL 1. In order for a Zoning Clearance to be issued, the County had to determine that primary use of the property is agricultural. The Appellants dispute that finding and believe it is clearly erroneous. The primary use of the subject property is the operation of a bed and breakfast business. The amount of agriculture on the subject property is minor and would generate little or no income. The county's zoning ordinance defines an agricultural operation as "any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This term includes aquaculture and plant nurseries." We have seen no evidence of the owner selling agricultural products from the farm either on the property itself or in any online advertising platforms. We believe that the primary income producing activity at the farm is the bed and breakfast business which the owner advertises widely. If there is any revenue from agricultural operations, we believe it is minimal and substantially less than the revenues from the bed and breakfast business. We also question whether County staff actually physically investigated the operations on the property and income records for the property to determine what the primary use was since there was nothing in the Application file to indicate this had been done. See the below definition and requirements from the County Code: Devoted to the bona fide production of crops, animals, orfowl: As used in the definition of "agricultural operation," any lot on which the production of one or more agricultural products is a primary use ("agricultural production") and the agricultural production is engaged in good faith and not merely to enable the lot to be eligible to host events and activities at an agricultural operation as provided in sections 5.1.58, 10.2.1(30), 10.2.2(56), 11.3.1(29), and 11.3.2(10). In determining whether the agricultural production is a primary use and engaged in good faith, the following factors may be considered: (i) whether the lot is subject to use value assessment because it is real estate devoted agriculture, horticulture, or silviculture; (ii) the acreage in agricultural production; (iii) the proportion of the lot's acreage in agricultural production; (iv) the crops, animals, or fowl being produced; (v) the acreage of the lot and of the site; (vi) the owner's federal tax forms including Form 1040F (Farm Expense and Income), Form 4385 (Farm Rental Income and Expenses), Form 1040E (Cash Rent for Agricultural Land), Form 1040C (Business Profit and Loss), or Form 1120 (Corporate Partnership); (vii) receipts showing gross sales over the most recent three-year period or evidence of the value of agricultural products that would have been sold but for a natural disaster; (viii) the proportion of the owner's total income derived from agricultural production on the site; (ix) evidence of participation in a federal farm subsidy program; (x) evidence of operating under a conservation farm management plan prepared by a professional; (xi) the proportion of capital investment in the site devoted to the production of agricultural products, operating, and labor expenses; (xii) Albemarle County -level United States Department of Agriculture Census of Agriculture data; and (xiii) any other relevant factors. (Added 11-12-14) 2. We contend that the Zoning Clearance was approved based upon misleading and incomplete information in the Application for Zoning Clearance (the "Application") signed by the property owner and should therefore be withdrawn. The form of the Application requests that the property owner "Describe the agricultural operations, including crops and livestock produced and the acreage devoted to agriculture." In answer to this information request, the applicant states "Horse boarding/lessons, pigs, cows, goats (for dairy & meat) greens & produce production, grapes, poultry, poultry eggs, ducks and duck eggs." First, there is no statement of the JUSTIFICATION FOR APPEAL amount of acreage actually devoted to agriculture as required by the Application. Obviously, the entire property is not devoted to agriculture as there are a large home and grounds being used as a bed and breakfast business in addition to a rental cottage. Approval of an application which fails to include the required information was clearly erroneous. Second, we dispute the assertion in the Application that the items listed are actually being produced on the Property. The Application clearly requests what is being produced on the Property at the time of the Application, not at some expected time in the future. The approval of the Application by the County without verifying important information upon which the approval was based was clearly erroneous. 3. The Zoning Clearance Application incorporates a Special Events -Noise Management Plan, Roslyn Farm & Vineyard, LLC dated 1/26/18. That plan states that events will be limited to "gatherings of 150 attendees or less." In contrast, the first page of the Application for Zoning Clearance states the number of attendees at events will be "200 or fewer at any time." It is thus unclear what has been approved, making it impossible for the property owner and those attempting to monitor the property owner to know what is allowed on the property by the Zoning Clearance approval. This very significant conflict and ambiguity makes the approval void. The approval of the Application by the County with this facially inconsistent information was clearly erroneous and should be withdrawn. 4. While there is a sound plan included within the Application, there is no evidence that staff actually determined that the equipment necessary to implement that plan is owned by the property owner. 5. The Appellant is the owner of and resides at the property located at 95 Roslyn Heights Road in Albemarle County, VA which is located within a few feet of the subject property and is served by the same private road as the subject property. The enjoyment, use and value of our property will be negatively impacted by the Zoning Clearance approval which purports to allow on the subject property 24 events per year with up to 200 attendees per event and with amplified music at each event. 004765 THIS DOCUMENT PREPARED BY: JAMES P. COX, 111, ESQUIRE, VSB # 23021 MICHIE HAMLETT, PLLC 500 COURT SQUARE, SUITE 300, P.O. BOX 298 CHARLOTTESVILLE, VA 22902 Tax Map Reference Number: 06100-00-00-00100 Name of Title Insurance Underwriter for Instrument: Chicago Title Insurance Company Consideration: $ 1,300,000.00 Assessed Value: $ 910,000.00 DEED OF BARGAIN AND SALE THIS DEED, dated as of the 8th day of May, 2015, between Miles WILHELM and Martha WILHELM, husband and wife (the Grantors) and ROSLYN FARM OF ALBEMARLE COUNTY, LLC, a Virginia limited liability company (the Grantee), whose address is 255 Ipswich Place, Charlottesville, VA 22901, provides: THAT for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors, subject to the matters described herein, hereby grant and convey with general warranty and English covenants oftitle to the Grantee the following described real estate (the Real Estate): All that certain tract or parcel of land, with all improvements thereon and all appurtenances belonging thereto, located in Albemarle County, Virginia, fronting on the westerly side of State Route 743 and containing 24.118 acres, more or less, as described on a plat prepared by Gloeckner Engineering/Surveying, dated March 8, 1996, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1531, pages 644 and 645; LESS AND EXCEPT those certain strips or parcels of land taken by the Commonwealth Transportation Commissioner of Virginia pursuant to Certificates of Take recorded in the aforesaid Clerk's Office in Deed Book 1779, page 393, Deed Book 1832, page 585 and Deed Book 1961, page 695, confirmed by Order recorded in Deed Book 1832, page 582, BEING the same property conveyed to Miles Wilhelm and Martha Wilhelm, husband and wife, by deed from Allen J. Reilly and Jenni Joan Reilly, husband and wife, dated December 14, 2000, recorded December 15, 2000, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1977, page 66. The Real Estate is expressly conveyed subject to all easements, conditions, restrictions, reservations, and other matters contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the Real Estate, which have not expired by a time limitation therein contained or otherwise become ineffective. IN WITNESS WHEREOF, the Grantors have executed this Deed. � EAL) Miles z (SEAL) M ha Wilhelm STATE OF VIRGTNIA CITY OF CHARLOTTESVILLE, to -wit: The foregoing instrument was acknowledged before me in the City of Charlottesville, Virginia this � day of May, 2015, by Miles Wil elm and Martha Wilhelm. Notary Publ' My commission expires: October 31, 2018 Registration number: 102220 CommonWealth of viry1Na Ea) orothy GM Smith, Notary Pualkcommission tD 102220 My Commissbn Expires 10/31/2018 RECORDED IN CLERICS OFFICE OF ALBEMARLE ON MAY 12, 2015 at 12:35:27 PM AS REQUIRED BY VA CODE §58.1.802 STATE: $650.00 LOCAL: $650.00 4;z�v RK DC ROSLYN FARM A spacious stone and slate residence situated amidst 25 beautifully landscaped acres with a view of the Blue Ridge Mountains to the west. The close -in location on VSH 743 makes this one of the few estates available within minutes from downtown Charlottesville, Farmington Country Club or the University of Virginia and which also affords easy, uncongested access to -the airport. MAIN RESIDENCE: Offering the utmost in quality and craftsmanship, the interior features a total of 12 spacious rooms, including a library, a formal living room and a dining room, all with fireplaces, a master bedroom suite with dressing room, a guest bedroom and bath, a large Panelled family room, a pantry and a large kitchen, a laundry or maid's room with bath off the kitchen, all on the first floor. The second floor consists of 3 bedrooms, 2 baths and an abundance of closet and storage space. There is a large basement with work/exercise areas and an attached double garage. This excep- tional residence contains extensive crown molding, unique mantels and fine detail- ing which create the perfect settin comfortable family livin g for entertaining, g and gracious DEPENDENCIES: Four bedroom 1 bath cottage, several sheds, a barn with four stalls, hay loft, plus tack and other rooms. PROPERTY: 24.953 acres of mostly rolling open pasture fronting on VSH 743, including formal gardens, a variety of boxwood, dogwood and other mature shrubs and trees, stone walls and walks, and a stocked pond. Extensive oak board fencing creates field and paddock areas for horses. LOCATION: On the west side of VSH 743 (Hydraulic Road) after Albemarle High School with entrance off Roslyn Heights Road. PRICE: TO SHOW: B Owner, 24-hour notice. OFFERED By OWNER: Joan Reilly 973-3776 contact Questions raised about Roslyn Fann event request • Charlottesville ... https://www.cvilletomorrow.org/news/article/29872-questions-raised... WEDNESDAY, SEPTEMBER 5, 2018 TOMORROWINFORMED CITIZENS CREATE BETTER COMMUNITIES HOME TOPICS CALENDAR ABOUT SUPPORT US MULTIMEDIA DATA LAB VOICES CITYSPACE PLACES FEATURED TOPICS Cville Land Use Transportation Innovation Education Affordable Living 1 Questions raised about Roslyn Farm event request Sean Tubbs I Monday, February 12, 2018 at 9:57 p.m. request from the owners of Roslyn Farm in Albemarle County to hold as many as 24 events a year prompted scores of people to attend a community meeting Monday to ask questions about the idea. "Asa sixth -generation farmer living in 2018, agriculture diversity and sustainability are two aspects not only important to us, but also the `buy local' movement, as well," said Richard Fox, who has applied for a special -use permit along with his wife, Alexia Richards. "Each and every one of our 24 events will incorporate a majority of our farm products, custom grown for the clients," he added. Fox and Richards have been seeking permission to hold events such as weddings and corporate retreats at a "manor house" on their farm. Enlarge Image Credit. Sean Tubbs, Charlottesville Tomorrow "We keep hearing how detrimental it is that we are within the urban ring and that our farm is too small to be a Richard Fox and Alexia Richards at Feb. 12, 2018 real farm," said Richards. "Or too small to be deserving of property rights." community meeting for Roslyn Farm The 24-acre property is on Roslyn Heights Road on the western side of Hydraulic Road, just outside of the county's growth area. "Special events always require a special -use permit," said county planner Scott Clark. "A special -use permit is a G A R D E N C 0 U R T legislative action from the Board of Supervisors." 0 W N H 0 U S E S Clark said at least three special -use permits for events in the rural area have been granted by the Board of R 0 S I_ Y N H E 1 G h S Supervisors, including one at Panorama Farms. The permit process is intended to take the needs of each Ei i F; t� k iVi 4Y 0 0 13 property into consideration. County rules require applicants seeking special -use permits or rezonings to hold a meeting with nearby landowners. This community meeting is intended to be a chance for people who live by a potential land use change to get information on both the project and the process. GO g1g Map data 020t8 Googk Nearly i,loo people have signed an online petition in support of Roslyn Farm's request. More news for Roslyn Farm Community meetings are usually held by the county's growth advisory committees. The petition notes that Roslyn Farm is not within the boundaries of the Places29-Hydraulic Committee but Fox and Richards agreed to LEARN MORE: take part in a community meeting hosted by that group anyway. County supervisors approve new fl regulations for farm wineries Public hearings will be scheduled before both the Planning Commission and the Board of Supervisors. No dates have been set yet. i Ballards Mill Road residents raise Clark said special -use permits run with the land and are permanent. V concerns about farm winery i "There have been a few rare cases where the board has approved a special -use permit with a time limit," Clark Panorama Farms to begin hosting said. "They are almost always subject to restrictions." weddings The property includes a bed and breakfast, which Richards said has hosted thousands of guests over the years. She said unlike other destinations in the county, Roslyn Farm is close to amenities. Richards said holding events would be an extension of the bed and breakfast. If granted, event guests would enter the site from a farm entrance on Lambs Road rather than from Roslyn Heights Road. Additionally, she said they would hire the county Sheriff's Office to help regulate traffic during events. "We all know that while this is a rural area property by definition, between a four -lane road, the schools and the encroaching development, we are surrounded by quite a bit of ambient noise," Richards said. "As the owners of this property, we are committed to ensuring that the noise from special events complies with Albemarle County's zoning ordinance." Richards said the proposal met with her interpretation of the Comprehensive Plan. "In the rural area chapter of the plan, it is stated that the county should encourage creative and diverse forms of rural production and support for land uses that provide landowners with economic viability," Richards said. Neighbors were concerned about traffic on Lambs Road, as well as noise from the events. of 3 9/5/2018, 3:36 PM 1: it::. ,. •f r!.-• I •r:A l: �nl-,7 hnn•m r. w b• a„• I r .. tP.h••. SSf � r 1 ,. a. .. r.nr.. a r. �14 'r-•' .. t,rn - 1 • � :..r •.:.,r .•d •. 1'„ I r,"• r, qal Ir,:'cet Any Refettrce M 1 ut:lra 11.!Pt.fW: 1 Ue:.Cr 1'1:t i1"lye I oral Outl •• •: D•:4•ai ,c N r+ IW rn•`d e•. T1 :•6relicel Only All `,'dr•rc^ntt 1 wr,cio J E4Qemo, Trisfee rr ..,,1 r•• 1',•'. I:it or•; fry! ;rd farrCct to ff • f!••t! rJ my 3 j:.v wle lye ' r:hmlolttav,Ile, Vo 22901 [ • 2 /eo,r.If NA Iro t-•.y.rnq h••cwnrrt nts A,4ngw•.•lpr•1 tef..rr. uw! u,r. .S R.-felow's 1, It 711 P210, WO 55 P.259,. y I, It ?50P3G4,00,237P549,D0 93P147 n ( r t 1 L rrn •.ron [ rp:re: ., • ( 17 `: n— \�_)yI•'. 4 far R• tD f,t 1 :•reel I '' IM-4.14 H•r,ae �tJ7tr,�;J,fury Pul•4c A the tmry legm I)aellmq Urnt on Tni% --1 -- � LW The cf her An.•: •Ir7 UyilJ=r.ys 7Ayy Not be Used _ J / / nt UweC:nTs -tS s•,'h lvrm is Pef,ne4 Pursu•irtl to the r';(r l /• . 1, 1 I,_C• .- � L'i/ N7 All.emyrle C—mi loninp Ordinonee. APPROVED FOR RECORDATION DATE 6 "",IAMIje fltosvres 34928 Acres / it«s•1,r, R:•E:l.'s 5 D.vis,wk Rights Cvnrses from Point "A" to Point "B" Follow jof Stream N 4U• 3E'' 1 [ t • ,•4' r N E9' 4J E-?" E N) b3' i • N 18' 1 3' '4'C' 1 I P 1 ,:;.3-93' ."Af 35 tEi i7/ N I.v3•i 5i'E 841)4' `'` cr •: ? 3` 2't !.1"!.':r. sl' E cur"[i' GF 2'� N VU"45'54"W 544E - gyp* N U2w33, 1Y,f ?9 U4' N 3Uo37' 47"C 76.^8' ? B N 80"39' 07'E rl 17' 39, u9'W 32•Ue,' IU. rG' /y qC old P N CC•04' 52•'E 38.04' Q 1 �' a 1, 49'28' 4 7"E 14. f ` 2?•r p3J E , ; o ,, qq fnf2' -VV j r �N lit �' y / •fv, J PARCEL A �- y ;�0 21.146 AC. POITIT "A` tlf3•?O'42"W 72.634 NGOo 54' 7.6"W 83 / j s36 j1 SRBo O?. ?.4. W •TB, ai' e�sGF ?e I qC COUP:Ca' Fi7C-r PONTS 'C' TO 'D' ALCM. F:E6:7AT:0N CT- H:;HWAY RIGHT OF WAY OF STATE ROUTE 743 5R•f8-IOl1,IlU.9fi .57-55-47W,101.05' 555.48-21W, 96.45- 1134-11-39W, 25.96- -IE 51$7-45-45E, 4113.23' PLAT SHOWING A DIVISION OF TAX MAP 61 PARCEL I INTO PARCEL A OF 21.146 ACRES AND RESIDUE ACREAGE CHARLOTTESVILLE DISTRICT ALBEMARLE COUNTY I VIRGINIA MARCH 12, 1987 14VILF:D MARCH 17, I?R/ O 100 200 400 600 SCALE IN FEET y: Co p D J, 4. !, _ ?3'3806''� R- 425.U0' \ L=175. 32' . -J 88.92 J. EXIS704c; -. . / Er'TRAr'CE i 1441.1229• W 561 U� CErEETERY--O m m z a o CC W u 1= a f / S 32. 28' 39" W •. 118.01-- _ -- 1# N IPA 0= Oe 34' 29" Lpp .4� R =569C.58' 1 L = 57.14' T A - 5'' 17' 34" R = 2e97. 7Y L- 2�7.G9 I = 133.9d P0%K • �G y� 5�,�d� 88• 49' 34' R = 35 O(r' L = 54.2e T = 34.29' vp •).715 ACRES 'DED!CATED TO PUBLIC USE FOR ROAD RIW . DEDICATION IS SHOWN TO THE ULTPAATE VDOT RIGHT OF WAY GLOECKNER , LINCOLN 8 OSBORNE , INC. I rl6,NEFPS..'.URVI. YOBS 0 LAND PLANNERS 01ARt.01'If.SVILLF , VIRGINIA FOR OFFICE USE ONLY CLE # .aPPROVFC Fee Amount S Jr Date N4"/S by wbo4 �o S Receipt # r! `< CkAE CI Y By C/ T Application for Zoning Clearance Agricultural Operation Sales, Events, or Activities L5 Zoning clearance fee = $54 & Activities Regulations Checklist (pages 2-3 of application) atsetise-efAus application has been p vided-to-the property owner, Project Name: Roslyn Farm & Vineyard Tar map and parcel: 06100-0"0-00100 Zoning: RA Physical Street Address (if auigned): 100 Roslyn Heights Road (Agricultural Operation sales, events or activities will be using Farm Entrance off Lambs Road) Acreage of property (may include acreage of adjoining lots if under same ownership &part of the agricultmral operation) 42,61 acres Describe agricultural operation, including crops and livestock produced and acreage devoted to agriculture: Horse boarding/lessons pigs cows goats (for dairy & meat)greens & produce production -grapes poult y, poultry eaas d t .ks duck eggg Describe type and frequency of activities (sales, tours, events) planned: Agd-tourism, farm sales, farm -to -table dinners farm tours educational workshops up to 24 times a year c.vw ass u—sucr u, venrcres expecwu per any wife sales, events, or activities: 40 ..a..wc. us a"CUUMa,ur Wura or CUUCaUonal programs: 200 or fewer attendees at any time Square footage of structures used for farm sales: under 1,000 SF AppticamMoatact Person (Who & AMW rm call/write concerning this project?): Sue A. Albrecht Address 80 Roslyn Forest Lane city Chadottesviile state VA zip 22901 Daytime Phone 634) 531-2435 Fax # (____) owner of Record Roslyn Farm & Vineyard LLC Address 80 Roslyn Forest Lane city Charlottesville state VA zip 22901 Daytime PhoneQ4 531-2435 Fax # (__j E-mail sue@designenvirons.c:om I hereby c fy that the rzQmo edge and btdf of Owner, Sue A. Albrecht Print Name Owner/Applicant Must Read and Sign provided on this application and accompanying information is accurate, true and correct to the best of 2 - /dI — l8 Date 434-531-2435 Daytime phone number of Signatory County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Ag Operation Clearance Revised 11/02/2015 Page 1 of 3 EVENTS AND ACTIVITIES AT AGRICULTURAL OPERATIONS ZONING REGULATIONS CHECKLIST (Refer to Sections 5.1.58 and 31.5) Please also see the Albemarle County Agricultural Operations FA Qs No Permit 7eA d Zonin ClearanceFyear ecial Use Permit Harvest -your -own actOutdoor amplified music ures for farm sales ,000 sf Agritourism, events orles Agritourism, events or retail saless or activities (including generating 50 or fewetrips generating either more than 50 ional programs,per day and occurring 21 or vehicle trips per day or occurring ohops or demonstrationsmore acres in sizesites under 21 acres in size to agriculture orUp to 4 farm tours per h 200 or More than 4 farm tours per yearlture) with over 200fewer attendees at any and farm tours with over 200 es at any timeUp to 4 educational prowork- attendees at any time 4 events of any size/ shops, or demonstrations related to More than 4 educational programs, agriculture or silviculture per year with workshops or demonstrations 200 or fewer attendees at any time related to agriculture or silviculture Structures for farm sales with 4,000 sf or less 200 or fewer attendees at any time Each event or activity at an agricultural operation shall be subject to the following: ® Concept Plan —Using GIS web or a physical survey ofyour property, please provide a sketch plan that shows the following when applying for a zoning clearance: ® Location of stream buffers, flood plain and critical slopes (use Critical Resource tab in GIS-web) ® Location of all structures and outdoor event/activity areas with distances of structures to property lines. ® Location of parking spaces to be used with distances to property lines. ® Location of the access roads and driveways to all structures or areas for events. On -site travel ways must be able to accommodate emergency vehicles. (Refer to Section 4.6.6 of the Zoning Ordinance) <,f ® Location, height, and lumens of any existing or proposed lighting ® Floor plan and square footage of each building to be used for agricultural operation activities or events ® Location of signs. If you propose to disturb greater than 10,000 square feet you must contact the County Engineer regarding additional reguireme Yards and separation from dwellingunits. The following min' g minimum front, side, and rear yard requirements shall apply to any event or activity Front Side Rear Minimum separation Primary structures 75' —public road from adjacent dwellin 25' — internal or 25' 35' N/A private road Accessory structures 75' — public road 25' — internal or 6' 6' N/A private road Farm sales structures 35' - ublic road 25' 35' N/A Outdoor event & activity areas 75' 75' 75' 125' Parkin 75' 75' 75' 125' Portable toilets 75' 75' 75' 125' Ag Operation Clearance Revised 11/02/2015 Page 2 of 3 arlcing- One (1) parking space per 200 square feet of retail sales area is required. For agritourisin events, farm tours, and other programs, one (1) space per two and one-half (2.5) visitors, plus one (1) space per employee (includes agricultural operation staff, caterers, musicians and vendors) is required. The parking required for special events and festivals may be considered overflow parking and may be provided in a well -drained, suitably graded area ad' ent to required parking area. Sound from outdoor amplified music- The purpose of the zoning clearance review shall be to verify that the sound amplification equipment at the agricultural operation will comply with the applicable standards in section 4.18 or that the owner has and will use a sound level meter as that term is defined in section 4.18.02 prior to and while outdoor amplified music is being generated. Sound generated by outdoor amplified music shall not exceed the applicable maximum sound levels in section 4.18.04. 1'rI /1 " S &&n d MW�MQAI W- EJ Traffic Management Plan required for a farm tour of more than 200 attendees at a time -In addition, for any zoning clearance for a farm tour that may have more than 200 attendees at any single agricultural operation at any time, a traffic management plan must be submitted by the person requesting the zoning clearance. The traffic management plan shall demonstrate how traffic entering and exiting each agricultural operation participating in the fa,,o, tour will be managed to ensure safe and convenient access to and from the site and safe travel on public streets. Virginia Department of Transportation (VDOT) entrance standards- Zoningclearances foragricultural operations events and activities generating over 50 vehicle trips per day will be sent to confirm their entrance standards are met based on your proposal. If VDOT proposes entrance improvements, you will be notified of their requirements and 2y r zoning clearance will not be approved until those improvements are completed. Ltd' Virginia Department of Health- Zoning clearances for agricultural operations events and activities will be sent to confirm the Health Department to confirm health and sanitation standards are met. Your z ning clearance will not be approved until the County has received your approval from the Health Department. 7I 1 ❑ Uses prohibited- Restaurants and Helicopter rides are prohibited. d ❑ Signs- Sign provisions of Section 4.15 are listed below. Freestanding signs must be 5' from property lines and no more than 10' in height. ❑ 24 square foot free standing sign on -site or up to two signs 12 square feet or less on -site ❑ 32 square feet of agricultural product signage either on -site or off -site or up to two signs 16 square feet or less. A permit is required for off -site signs. ❑ 40 square feet of wall signage. Maximum height for wall signs is 20'. APPROVAL INFORMATION Approved as proposed VCPproved with conditions ( J Denied Conditions 4 kck_�'j_* Zoning Official Date Ag Operation Clearance Revised 11 /02/2015 Page 3 of 3 (-1 ,600 LUMEN HALOGEN I 200' ABOVE GRADE :::� O t:BEDROOMBATH fr' 2ND FLOOR BATH BEDROOM L__ SMo;KE ALARM Hau 1.600 LUMEN HALOGEN 186' ABOVE GRADE DECK u FAMILY ROOM TERRACE ALARM LIVING ROOIVP �b CEILING MOUNTED 6.750 LUMEN I " ' \ f ,• r —I ■ V �iCn � � • A _ SMOKE ALARM BEDROOM GARAGE 1.600 LUMEN 6,750 LUMEN (EA) HALOGEN T2-HEAD 5POTUGHT 188' ABOVE COMPACT FLUORESCENT GRADE 1ST FLOOR ROSLYN FARM - LIGHTING & FIRE SAFETY 08/29/2017 1,600 LUMEN HALOGEN 200' ABOVE GRADE BEDROOM SMOKE ALARM STORAGE LIBRARY DRESSING 1.600 LUMEN HALOGEN 185' ABOVE GRADE — BEDROOM SMOKE ALARM --N I ,600 LUMEN HALOGEN I OO' ABOVE GRADE HARD WIRED SMOKE ALARM -0— FIRE EXIT PATH ❑ EXTERIOR LIGHTING O SMOKE ALARM NOT TO SCALE �WIWWiqWs cwc iz 4-w - v z t 4r '00i -.I aw3g VG VIMOH�13TVAS311-0-*"3 00, -ISO--- iw 6T aVob SIHS13H NAISOU 001 011'ONV,k3NIA I WMVJ NAlSotl )13IN31DA 3N3W AS NV'ld ld33NOO NOIIVU3dO WH(Ul6131UDY Vdzld 3Sn -M03dS IN303 lm3d;S -:. • M 9 C-D Y 1 rL U. Sig IL 71 IL z CLE201800041 Roslyn Farm & Vineyard Agricultural Operations & Events Zoning Clearance Conditions of Approval 8/6/18 1. This clearance is approved according to the attached plan titled "Agricultural Operation — Concept Plan Roslyn Farm Vineyard, LLC" dated 2/8/18. 2. The access road, as identified from the "Main Entrance" on Lambs Road, shown on the plan titled "Agricultural Operation —Concept Plan Roslyn Farm Vineyard, LLC" dated 2/8/18 must serve as access to the property for agricultural events and activities and be maintained in a safe and convenient condition prior to events and activities, including meeting the minimum standards of Section 4.6.6." 3. All recommendations requirements of the Albemarle County Fire Marshal's office, VDOT, and Virginia Department of Health must be complied with at all times. (attached) Special Events - Noise Management Plan Roslyn Farm & Vineyard, LLC 1/26/2018 INTRODUCTION As a Special Event Venue, Roslyn Farm & Vineyard accepts the responsibility to ensure that the site activities do not generate sound above decibel levels identified in Albemarle County Code Section 18.4.18. The purpose of this Noise Management Plan is to detail the procedures that will be adopted to ensure the minimization of disturbance to adjacent and nearby residents. The plan has been developed to meet the standards and requirements as stated in Albemarle County Code Section 18.4.18. The following Noise Management Plan procedures will be followed: • Establishment of Policies and Procedures Manual. • Fixed and mobile sound limiting and monitoring equipment. • Training procedures in place for managers and other staff associated with events. • Establishment of an on -going review process. Log Book set-up for recording neighbor complaints and/or suggestions per each event. • Follow-up Plan for responding to complainant's issue. DEFINITIONS The Manor House Provides hospitality and event spaces both indoors and outdoors. Guest/Attendee Users of the premises with pre -booked events. Events Gatherings of 150 attendees or less. Event Manager Roslyn Farm Staff Member Responsible for overseeing all event activities and external vendors. Key Elements and Goals • Minimize impact to adjacent and nearby residents • Compliance with all County requirements • Establishment of the benchmark for existing sound sources used to identify event sound beyond that benchmark and what event sound is acceptable. • A detailed list of steps for managing noise pollution • A defined program of sound measurement to verify that compliance has been achieved through monitoring and testing • A Neighbor Communication Procedures Plan Background • Identification of suitable criteria and equipment for the control of music and dispersal of noise impact from events held in and around the Manor House. • All amplified music played at the Manor House will be brought under the control of sound limiter equipment and mobile monitoring equipment. • Measurement of sound levels at the perimeter of the site and on adjacent parcels. • Set threshold levels of music at which the entertainment sound limiters cut-off the power supply to any amplification system in use. • The sound levels for the entertainment area will be set in conjunction with the readings obtained in a test environment. • All managers will be aware of the limiters and the levels set. 1 All external entertainment suppliers will be contractually obligated to abide by the sound limiters. Fixed points will be established to enable the Event Manager to take sound readings at an event both internally and externally. These points are located in and around the Manor House as follows: Deck Arced Terrace Front Entrance Dining Room Garden Pond Spot Check Sound Readings will be taken and documented in Log Book. Noise Sources Sources of potential noise include: Amplified music (recorded or live) with attention to low frequency bass levels, Public address systems, Television/video. Management Strategies Our overriding goal is for control of sound at the source and shall be achieved by considering: • Specification, selection and operation of amplified music equipment • Managing operations on site • Utilizing barriers to control or reduce sound (buildings, walls, berms, vegetative buffers, terrain) • Educate guests of awareness of the consequences of late night noise (for which the guest has agreed to not engage) and be proactive in confronting the problem with the guest. • Placement of sound control signage in the interior of the Manor House and strategically located on the site. Specification, selection and operation of amplified music equipment Monitoring will be in place to ensure the sound and vibration from regulated entertainment shall be limited at the adjacent and nearby properties. The installation of sound limiting equipment in all areas where events will take place This equipment is connected to the electrical supply which feeds the music systems and will cut the supply if a decibel reading exceeds an unacceptable level. The equipment works on a traffic light sequence and will be visible to all performers and Ws. The red banding will only be tolerated for a set number of seconds before the system shuts down. The system also has the capacity to operate at two sound level thresholds selectable remotely or by a time switch this allows a venue to operate at different levels at different periods of the day or night. The system will be lockable and only accessed remotely, by authorized personnel, i.e. managers, electricians and service contractors. Hand held monitoring equipment will also be used to ensure the accuracy of the system and to also monitor sound levels. The hand-held equipment is a Digital Sound Level Meter, of a type used for monitoring traffic noise, industrial plant and machinery as well as noise within the entertainment industry. The meter provides automatic or manual ranging from 40 to 130db, will record maximum and minimum levels and is selectable for fast or slow response times. Sound levels will be taken at set times throughout an event both internally and externally at noise sensitive boundaries and other pre -determined places. All readings will be documented and used to provide a detailed database of sound levels both in the building and around the site. Managing Operations on Site Outdoor Amplified Music Hours: Sunday — Thursday until 10 pm Friday — Saturday until 11 pm All staff members will be fully trained and conversant with the Noise Management Plan. All venders will be contractually obligated to abide with the Noise Management Plan. Any events where amplified music is employed will be wound down in a professional manner. Music will reduce in sound and style to reflect a calmer end to an event. Staff will take a proactive approach to noise management including checking sound levels as set out above. External External events will be proactively managed. • If music of any type is involved sound monitoring equipment will be used and acoustic levels periodically checked. • When customers are using the external area a member of staff will periodically check on sound levels and deal with any sound above acceptable decibel levels. Patrons shall be made aware of the consequences of late night noise and staff shall be proactive in dealing with any violations. Barriers to control Noise Landscape Buffers, Berms, Terrain, Walls and Structures are all features that provide noise barriers on the property. Neighbor Communication Procedures Plan All neighbor comments or concerns will be directed to the Event Manager. The Event Manager will log the communication in the Log Book. The Event Manager will investigate the complaint and take appropriate action to mitigate the violation. The Log Book will be made available per request of the Zoning Administrator as part of any official complaint filed with the Zoning Administrator regarding a noise complaint. Each month, adjacent property owners will be made aware via a letter of any pending guest for that month. 3 Roslyn Farm & Vineyard, LLC Professional Sound Evaluation & Analysis Native Nashville Sound 3819 Boonsboro Road Lynchburg, VA 24503 NativeNashvilleSound@gmail.com 540-845-0526 Date Completed: 02/03/2018 Customer Information: Location: Date of Evaluation: Roslyn Farm 02/03/2018 Address: Evaluated By: 100 Roslyn Heights Road Tristin Burke Charlottesville, VA 22901 Certified Sound Engineer Location Contact: Evaluation Type: Alexia Richards Outdoor Music/Speaking Event Phone #: Time Started: 434-882-4694 1:05pm Email Address: Time Completed: alexia@roslynfarm.com 2:25pm Sound Calibration Information: Location: Calibration Tool #1: • Roslyn Farm Proposed Event Area • NOISH/OSHA Sound Level Meter Ideal Calibration Level: Calibration Tool #2: • 80dB - 90dB (Level of Discomfort) • Audio Technica RTA Monitor Frequency Calibrated Calibrated Level: Frequency Calibrated Calibrated Level: 80Hz 80.9dB 250Hz 77.8dB 200Hz 78.9dB 315Hz 74.7dB Full Spectrum Calibration Level: 78.075dB - 88.075dB Sound Level Reference Chart: Level Loudness: Equivalent Sound: 20dB Audible Rustle of Leaves 30dB Very quiet Whispering 40dB Quiet Quiet Classroom 50dB Limited sound Car Driving By 60dB Audible The Average Human Voice 70dB Irritating A Crowded Restaurant 80dB Unpleasant Smoke Alarm 85dB Loud Mixer, Circular Saw 90dB Extremely Uncomfortable Screaming, Tractor Trailer Horn 100dB Extremely Unpleasant Heavy Machinery, Jackhammer 110dB Extremely Loud Rock Concert, Chainsaw 120dB Slight Discomfort Police, Ambulance, Fire Siren 130dB Discomfort Jet Engine 140dB Threshold of Pain Gun Fire 150dB Permanent Damage Fireworks Evaluation Zone # 1 Location: Evaluation Tool Used: • Zone # 1 Audio Technica RTA Monitor Noise Level Measured: • 56.3dB - 60.OdB Evaluation Zone # 2 Location: Evaluation Tool Used: • Zone #2 Audio Technica RTA Monitor Noise Level Measured: • 51.7dB - 59.5dB Evaluation Zone # 3 Location: Evaluation Tool Used: • Zone #3 Audio Technica RTA Monitor Noise Level Measured: • 47.3dB - 54.6dB Evaluation Zone # 4 Location: Evaluation Tool Used: • Zone #4 Audio Technica RTA Monitor Noise Level Measured: • 41.2dB - 44.6.1 dB Evaluation Zone # 5 Location: Evaluation Tool Used: • Zone #5 Lamb's Road Entrance Audio Technica RTA Monitor Noise Level Measured: • 41.3dB - 43.1 dB Evaluation Zone # 6 Location: Evaluation Tool Used: • Zone #6 Audio Technica RTA Monitor Noise Level Measured: • 44.6dB - 46.2.1 dB Evaluation Zone # 7 Location: Evaluation Tool Used: • Zone #7 • Audio Technica RTA Monitor Noise Level Measured: • 45.9. dB -4 9.1 dB Evaluation Zone # 8 Location: Evaluation Tool Used: • Zone #8 (Roslyn Heights Entrance) • Audio Technica RTA Monitor Noise Level Measured: Interference: • 52.8dB - 65.4dB • Hydraulic Traffic 0 INCONCLUSIVE Evaluation Analysis: The data presented above was collected using audio engineering industry standard instruments of measure and reflects the most current and accurate information available. Therefore, Native Nashville Sound has concluded that both the event area and the extent of event use boundaries proposed by Roslyn Farm & Vineyard, LLC meet or exceed the acoustic standards outlined by Albemarle County as it pertains to the special use permit. With the event space calibration set between 78.OdB and 88.OdB, all data presented should be considered a worst -case scenario. This source sound calibration far exceeds the average listening levels and would likely cause significant hearing loss with prolonged exposure. Consequently, the noise level at source produced by any event held at Roslyn Farm would rarely match, let alone exceed the levels documented in this evaluation. At no point during this study did the noise level measured at property lines exceed Albemarle County's Noise Ordinance of 60 decibels. Based on these findings it would be reasonable for Albemarle County to recommend APPROVAL of Roslyn Farm's use of outdoor amplified music, with the CONDITION of limiting source level sound to 90 decibels. It is the professional opinion of Native Nashville Sound that by utilizing the event spaces as outlined on Roslyn Farm & Vineyard's Conceptual Plan, and by limiting the source sound to 90 decibels, outdoor amplified sound will be of no impact to neighboring properties. Native Nashvfile Sound 381E go€ nsboro Road Lynchburg, VA 24603 Na veNashvilleSo,mdDgmail.com. 40-345-05 6 ALBEMARLE COUNTY CODE 4.6.4 REAR YARDS ON INTERIOR LOTS Rear yards on interior lots shall be provided at the depth required for the district, and shall run across the full width of the lot at the rear. The depth of a required rear yard shall be measured in such a manner that the yard is a strip of minimum depth required by district regulations with its inner edge parallel to its outer edge. If an alley abuts the rear yard, the required rear yard shall be measured from the edge of the alley right-of-way or easement. (§ 20-4.6.4, 12-10-80; § 18-4.6.4, Ord. 98-A(1), 8-5-98; Ord. 02-18(2), 2-6-02) 4.6.5 SIDE YARDS ON LOTS Side yards on lots are defined as running from the required front yard line to the required rear yard line. On corner lots, the required side yards shall run from the point where side yard lines intersect to required front yard lines. (§ 20-4.6.5, 12-80-80; § 18-4.6.5, Ord. 98-A(1), 8-5-98) 4.6.6 LOT ACCESS REQUIREMENTS Vehicular access on a lot shall be provided as follows: a. In all zoning districts, a structure requiring a permit under the Uniform Statewide Building Code may be established only on a lot having frontage on a public or private street as authorized by the subdivision ordinance, except that this requirement shall not apply to lots lacking such frontage on the effective date of this chapter. b. In the rural areas zoning district, in addition to the requirements in subsection (a) and in order to provide public safety vehicles with safe and reasonable access to a new dwelling unit on a lot, each driveway that will serve a new dwelling unit: (1) shall not exceed a sixteen (16) percent grade; (2) shall have a travelway that is at least ten (10) feet in width; (3) shall extend to within fifty (50) feet of each dwelling unit on the lot; and (4) shall include a rectangular zone superjacent to the driveway that is clear of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen (14) feet in height. The landowner shall demonstrate to the satisfaction of the county engineer that the driveway will meet the requirements of this subsection before a building permit is issued. Notwithstanding the requirements of subsection (b), the county engineer, with the recommendation of the fire marshal, may authorize a driveway having a grade that exceeds sixteen (16) percent if the landowner demonstrates to the satisfaction of the county engineer and the fire marshal that public safety vehicles would be able to access the dwelling unit even though the grade may exceed sixteen (16) percent. In considering a waiver request, the county engineer and the fire marshal shall consider: (1) the length of the segment of the driveway that would exceed sixteen (16) percent; (2) whether the segment that would exceed sixteen (16) percent would require the public safety vehicle to travel uphill towards the dwelling unit; (3) whether fire suppression equipment such as sprinklers would be installed within the dwelling unit, and (4) whether the dwelling unit is within fifty (50) feet of a public or private street. In authorizing such a grade, the county engineer may impose reasonable conditions to assure that the public safety vehicles may access the dwelling unit including, but not limited to, a condition limiting the maximum length any segment of the driveway may exceed sixteen (16) percent. The landowner may appeal the disapproval of a waiver under subsection (c), or the approval of a waiver with conditions objectionable to the landowner, to the commission. The appeal shall be in writing and be filed with the department of community development within ten (10) days after the date of the county engineer's and the fire marshal's decision. In reviewing a waiver request, the commission may approve or disapprove the waiver based upon the applicable factors in subsection (c), amend any 18-4-13 Zoning Supplement -74, 7-1 1-12 Rebecca Ragsdale From: Campbell, Elizabeth <elizabetha.campbell@vdh.virginia.gov> Sent: Friday, July 13, 2018 4:56 PM To: Rebecca Ragsdale Cc: John Mcclelland; Eric. Myers@vdh. virginia. gov Subject: Re: Roslyn Farm & Vineyard, LLC She has been waiting a long time for this sign off by us. We have worked alot with our state office to determine that her "Farm to Table" operation is exempt from our regulations. For any future applications that are applying for a similar, "Farm to Table" operation we would like to be able to work with the operator to ensure the operator does in fact meet the exemption. If you have any further questions, feel free to call or email me. Thanks, Archer Environmental Health Technical Consultant Food Program Thomas Jefferson Health District 1138 Rose Hill Drive Charlottesville, VA 22902 Phone: 434-972-6219 On Fri, Jul 13, 2018 at 11:27 AM, Rebecca Ragsdale <rra s�twalbemarle.org> wrote: Initialing the form the way you have done is fine. But like I said, I'd like to have an email detailing what review you've done and receive a copy of any permits you are issuing. Thanks! In Cooperation With the Thouzas ltyj�rsnu Health Disirivi State Department o1 Healtn 1138 Bose Hill Drive Phone (434) 972.6219 P O. [lox 7546 Fax (434) 972-4310 Charlottesville, Virginia 22906 June 21, 2018 Sue Albrecht Roslyn Farm & Vineyard, LLC 80 Roslyn Forest Lane Charlottesville, Virginia 22901 Dear Ms. Albrecht: ALBEMARLE _ CHAz`t_otrEswL' E FLUVANNA COUNTY (PAL 4YRAi GREENE CMNTY )$TANARO5VILLE) t OU)SA COLNTYILOUISA) NELSON COUNTY ILOVINGSTOuj1 On February 22 and February 27, 2018, you wrote to the Thomas Jefferson Health District ("TJHD") for confirmation that food service activities on your farm property, Roslyn Farm & Vineyard, LLC, located at 100 Roslyn Heights Road in Charlottesville, Virginia ("Roslyn"), were exempt from the Board of Health's Food Regulations (12VAC5-421, the "Food Regulations") under Va. Code § 35.1-14.C. After careful consideration of the information you provided to the Charlottesville/Albemarle Health District and the applicable provisions of the Code of Virginia, it has been determined that Roslyn, operating in the location and fashion described by you, is not subject to the provisions of the Food Regulations at this time. Authorities Va. Code § 35.1-14.0 states in part, --The provisions of the Food and Drug Administration's Food Code shall not apply to farmers selling their own farm -produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market. unless such provisions are adopted in accordance with the Administrative Process Act (` :!-!-4()1)0 et sect.),.. Factual Basis In a February 22, 2018, email to Archer Campbell, Environmental I-lealth "Technical Consultant «With the TJI ID, you made the following representations: • Roslyn is a bona tide agricultural farming operation. • -In order to increase our number of Farm to Table Annual Events, we have applied 161- an Albemarle County Agricultural Operation Sales. Events, or Activities Zoning Clearance which allows us to hold 24 Farm Events annually and involves approval from your department." In a February 27, 2018, email to Ms. Campbell you stated your position that Roslyn is "exempt from the Health Department Regulations," and referenced, among other things, the Code of Virginia. You also said, "Our menu is driven by seasonally produced products on our farm, thus it will vary. We will provide a menu in advance of each scheduled event." On March 8, 2018, you dated and signed a completed Application for a Department of Health Foodservice Establishment Permit_ The application included a menu. While the menu listed nine different items that would be served, it did not provide any information about the source of the food. On April 25, 2018, in response to inquiry from Ms. Campbell, you provided the following proposed menu: Grilled Steak Kabobs Farm raised beefy, farm raised tomatoes, farm raised peppers and onions Prep Method 2 (grilled) Smoked Pulled Pork BBQ Farm raised pork shoulder and boston butt Prep Method 2 (smoked) Grilled Ribeye with side mixed green salad Farm raised beef Prep Method 2 (grilled) Smoked Whole Bird Farm raised whole chicken or duck Prep Method 2 (smoked) Grilled Carrots Farm raised carrots Prep Method 2 (grilled) Grilled Potatoes Farm raised potatoes Prep Method 2 (grilled) Mixed Green Salad Farm raised mixed greens, farm raised tomatoes, farm raised onions, farm raised cucumbers, radishes, and beets 1 Conclusions Because the Board of Flealth adopted the Food Regulations using the APA-exempt process described at Va. Code S 35.1-14, the Food Regulations do not apply to 'farmers selling their w n farm -produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market," as provided for in Va. Code § 35.1-14.C. Roslyn proposes to serve its own !'arm -produced products on its own farm location directly to consumers far their personal use. This contemplated action !ills within the language of Va. Code y 35.1-14.C. which is quoted above. "Therefore. based on the information provided and the reasons described herein. Roslyn is not subject to the p,rovisio-m.of the-wdRegulations..at this time. This is based upon the representations made by Roslyn to date and is contingent upon Roslyn serving only its own farm -produced products on its own farm location directly to consumers for their personal use. If Roslyn operates contrary to this understanding, then a different determination may be made in the future. If you wish to challenge this determination, your written request for a hearing must be received in the office of the State Health Commissioner no later than 30 days from your receipt of this letter. You may address your request to Julie Henderson, Director, Division of Food and General Environmental Services, 109 Governor Street, Fifth Floor, Richmond, 23219. Sincerely, Denise Bonds, PH Director Thomas Jefferson Health District Cc: Allen Knapp, Director, VDH Office of Environmental Health Services Jack D. McClelland, EH Manager, TJHD Eric Myers, EH Supervisor, TJHD Archer Campbell, EH Technical Consultant, TJHD Code of Virginia Title 35.1. Hotels, Restaurants, Summer Camps, and Campgrounds Chapter 2. Regulations § 35.1-14. Regulations governing restaurants; advisory standards for exempt entities A. Regulations of the Board governing restaurants shall include but not be limited to the following subjects: (i) a procedure for obtaining a license; (ii) the safe and sanitary maintenance, storage, operation, and use of equipment; (iii) the sanitary maintenance and use of a restaurant's physical plant; (iv) the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; (v) procedures for vector and pest control; (vi) requirements for toilet and cleansing facilities for employees and customers; (vii) requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; (viii) requirements for an approved water supply and sewage disposal system; (ix) personal hygiene standards for employees, particularly those engaged in food handling; (x) the appropriate use of precautions to prevent the transmission of communicable diseases; and (xi) training standards that address food safety and food allergy awareness and safety. B. In its regulations, the Board may classify restaurants by type and specify different requirements for each classification. C. The Board may adopt any edition of the Food and Drug Administration's Food Code, or supplement thereto, or any portion thereof, as regulations, with any amendments as it deems appropriate. In addition, the Board may repeal or amend any regulation adopted pursuant to this subsection. No regulations adopted or amended by the Board pursuant to this subsection, however, shall establish requirements for any license, permit or inspection unless such license, permit or inspection is otherwise provided for in this title. The provisions of the Food and Drug Administr ' ood Code shall not apply to farmers sellin the' directly to co u ccur on such farmer's farm or at a farmers' market. unless such provisions are adopted in accordance with the Administrative rocess Act D. The Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by entities exempt from the provisions of this title pursuant to § 35.1-25 or 35.1-26. E. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to the adoption of any regulation pursuant to subsection C if the Board of Agriculture and Consumer Services adopts the same edition of the Food Code, or the same portions thereof, pursuant to subsection B of § 3.2-5121 and the regulations adopted by the Board and the Board of Agriculture and Consumer Services have the same effective date. In the event that the Board of Agriculture and Consumer Services adopts regulations pursuant to § 2.2-4012.1, the effective date of the Board's regulations may be any date on or after the effective date of the regulations adopted by the Board of Agriculture and Consumer Services. Notwithstanding any exemption to the contrary, a regulation promulgated pursuant to subsection C shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, and 2.2- 4007.05, and shall be published in the Virginia Register of Regulations. After the close of the 60- 1 2/2112018 Rebecca Ragsdale From: Shawn Maddox Sent: Tuesday, July 31, 2018 8:26 AM To: Frank Pohl; Rebecca Ragsdale; Sue Albrecht Subject: Re: Roslyn Farm & Vineyard, LLC Agriculture Zoning Clearance Good morning again - after talking to Mrs. Albrecht and reviewing some notes from previous views I'd recommend the following: 1. Fire Rescue will use the entrance shown at the intersection of Hydraulic Rd and Roslyn Heights Road as the primary means of servicing the property. It is paved, meets the 20' requirement, etc. 2. The "main entrance" shown on Lambs Road is known to wash out and requires constant maintenance as a farm road. A condition of their clearance should be that it is maintained to meet the safe and efficient access during each event. 3. A sign should be placed at the Lambs Road entrance to identify the access/property. If this is acceptable to everyone I am ok moving forward. Thank you, Shawn From: Frank Pohl Sent: Monday, July 30, 2018 3:22 PM To: Shawn Maddox; Rebecca Ragsdale; Sue Albrecht Subject: RE: Roslyn Farm & Vineyard, LLC Agriculture Zoning Clearance Should we schedule a site visit? I think that if the road condition is in question, we should confirm. The 'access road' should meet our access standards, and if it doesn't this should be a condition of approval (if we can do it this way Rebecca). Thanks, Frank Frank V. Pohl, PE, CFM County Engineer 401 McIntire Road Charlottesville, VA 22902 434-296-5832 (ext. 7914) From: Shawn Maddox Sent: Monday, July 30, 2018 2:16 PM To: Rebecca Ragsdale <ragsdale@albemarle.org>; Sue Albrecht <sue@designenvirons.com> Rebecca Ragsdale From: Moore, Adam PE (VDOT) <Adam.Moore@vdot.virginia.gov> Sent: Tuesday, March 13, 2018 9:53 AM To: Rebecca Ragsdale; Frank Pohl Subject: RE: CLE201800041 Roslyn Farm Rebecca, I was under the impression that they would be using the Lambs Rd. entrance for events. The concern with the other entrance is that during arrivals for events traffic could queue back on to Hydraulic Road. Adam J. Moore, P.E. I Assistant Resident Engineer - Land Use VDOT - Charlottesville Residency -01 \ DO F \Vty I Cliarlottes\ ills I V" \ main 434.422.9782 From: Rebecca Ragsdale [mailto:rragsdale@albemarle.org] Sent: Tuesday, March 13, 2018 9:10 AM To: Frank Pohl; Moore, Adam PE (VDOT) Subject: RE: CLE201800041 Roslyn Farm Frank, Do you have review comments on this clearance? Adam responded and said he didn't have comments but I wanted to get clarification on entrances. Can they use both entrances? Are there limits on the entrance off of Roslyn Ridge? They have shown a farm sales area adjacent to that entrance. If the entrance off of Lambs Rd. is the only entrance they can use for events, they need to submit their VSMP and address Frank's comments below before we can approve the clearance. Rebecca From: Rebecca Ragsdale Sent: Tuesday, February 20, 2018 11:45 AM To: Frank Pohl <fpohl@albemarle.org>; 'Moore, Adam PE (VDOT)' <Adam.Moore @vdot.vireinia.eov>; 'Mazurowski, Alan (VDH)' <Alan.Mazurowski@vdh.virginia.gov> Cc: Scott Clark <Sclark@albemarle.ore>; Francis MacCall <FMACCALL@albemarle.ore>; Megan Nedostup <mnedostup@albemarle.org>; Margaret Maliszewski <MMaliszewski albemarle.org> Subject: CLE201800041 Roslyn Farm Hello, Roslyn Farm has submitted a zoning clearance under the agricultural operations and events provision in the ordinance. The ordinance requires VDOT and Health Department approval of the clearance. Also, consultation with the County Engineer regarding approval of parking areas and the access road. It looks like some features of the concept plan (attached) have already been reviewed and commented on as part of the SP #2015-01 process. Under this provision of the ordinance, no site plan is required but they still must comply with the Engineering requirements. ALBEMARLE COUNTY CODE CHAPTER 18 ZONING 3.1 DEFINITIONS Accessory merchandise: Non-agricultural merchandise that is subordinate and customarily incidental to the agricultural products sold at a farm sales use or a farmers' market such as pottery, baskets, canning jars, pumpkin carving kits, wreath making supplies, floral arranging supplies, garden accessories, hand tools for gardening and handmade crafts. For the purposes of this definition, farm machinery and equipment (except hand tools), building materials, furniture, and other similar items are not subordinate merchandise. (Added 5-5-10) Accessory use, building orstructure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure need not be located upon the same lot occupied by the primary farm use, building, or structure. (Amended 10-9-02, 5-5-10) Agricultural operation: Any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This term includes aquaculture and plant nurseries. (Added 11-12-14) Agricultural operation event: An event conducted at, and subordinate to, an agricultural operation for up to three (3) consecutive days comprised of: (i) agritourism-related events such as tastings not conducted in the daily course of agritourism, farm sales, or the sale of agricultural products or food products; farm -to -table dinners; agricultural festivals; and auctions or livestock shows pertaining to livestock, animals, or other agricultural products not grown or raised at that agricultural operation; (ii) events that promote the sale of agricultural or silvicultural products; (iii) events that promote the sale of food products; (iv) events that are usual and customary at Virginia agricultural operations; and (v) fundraisers and charity events. (Added 11-12-14) Agricultural products: Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. (Added 11-12-14) Agricultural service occupation: An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Agriculture: An agricultural operation, the keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry qualifies as an agricultural operation. The term includes accessory processing facilities for agricultural products grown or raised solely on the farm on which the agriculture is located, such as fruit packing plants and dairies. The term does not include any processing facilities permitted only by special use permit. (Amended 12-2-87, 5- 5-10, 11-12-14) Agritourism: Any activity carried out at a farm winery, farm brewery, or an agricultural operation, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant and animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to agriculture or silviculture. (Added 5-5-10; Amended 11-12-14) Devoted to the bona fide production of crops, animals, or fowl: As used in the definition of "agricultural operation," any lot on which the production of one or more agricultural products is a primary use ("agricultural production") and the agricultural production is engaged in good faith and not merely to enable the lot to be eligible to host events and activities at an agricultural operation as provided in sections 5.1.58, 10.2.1(30), 10.2.2(56), 11.3.1(29), and 11.3.2(10). In determining whether the agricultural production is a primary use and engaged in good faith, the following factors may be considered: (i) whether the lot is subject to use value assessment because it is real estate devoted agriculture, horticulture, or silviculture; (ii) the acreage in agricultural production; (iii) the proportion of the lot's acreage in agricultural production; (iv) the crops, animals, or fowl being produced; (v) the acreage of the lot and of the site; (vi) the owner's federal tax forms including Form 1040F (Farm Expense and Income), Form 4385 (Farm Rental Income and Expenses), Form 1040E (Cash Rent for Agricultural Land), Form 1040C (Business Profit and Loss), or Form 1120 (Corporate Partnership); (vii) receipts showing gross sales over the most recent three-year period or evidence of the value of agricultural products that would have been sold but for a natural disaster; (viii) the proportion of the owner's total income derived from agricultural production on the site; (ix) evidence of participation in a federal farm subsidy program; (x) evidence of operating under a conservation farm management plan prepared by a professional; (xi) the proportion of capital investment in the site devoted to the production of agricultural products, operating, and labor expenses; (xii) Albemarle County -level United States Department of Agriculture Census of Agriculture data; and (xiii) any other relevant factors. (Added 11-12-14) Farm: The term "farm" means one or more parcels of land, whether such parcels are abutting or not, operated under the same management and whose primary use is agriculture. (Added 12-13-06) Farm brewery: An establishment located on one or more lots in Albemarle County licensed as a limited brewery under Virginia Code § 4.1-208. (Added 11-12-14) Farm brewery event: An event that is not a wedding, a wedding reception, or "other events" as that term is defined in section 5.1.57(c)(5), conducted at a farm brewery on one or more days, where the purpose is agritourism or to promote beer sales, and which may be, but is not limited to, beer festivals; receptions where beer is sold or served; beer club meetings and activities; beer tasting educational seminars; beer tasting luncheons, business meetings, and corporate luncheons with a focus on selling beer; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; brewmasters' dinners where beer is paired with food; agritourism promotions; and fundraisers and charity events. (Added 11- 12-14; Amended 1-18-17) Farm distillery: An establishment located on one or more lots in Albemarle County to which a limited distiller's license is issued under Virginia Code § 4.1-206. (Added 12-9-15) Farm distillery event: An event that is not a wedding, a wedding reception, or "other events" as that term is defined in section 5.1.59(c)(5), conducted at a farm distillery on one or more days, where the purpose is agritourism or to promote the sale of distilled spirits, and which may be, but is not limited to, distilled spirits festivals; receptions where distilled spirits are sold or served; distilled spirits club meetings and activities; distilled spirits tasting educational seminars; distilled spirits tasting luncheons, business meetings, and corporate luncheons with a focus on selling distilled spirits; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; distillers' dinners where distilled spirits are paired with food; agritourism promotions; and fundraisers and charity events. (Added 12-9-15; Amended 1-18-17) Farm sales: The sale of agricultural products, value-added products and accessory merchandise on a farm, either outdoors or within a temporary or permanent structure, where the vendor selling the products and merchandise is engaged in production agriculture on the farm on which the farm sales use is located. (Added 10- 11-95; Amended 5-5-10, 11-12-14) Farm stand: The sale of local agricultural products and value-added products, either outdoors or within a temporary or permanent structure, where the vendor selling the products is engaged in production agriculture in Albemarle County, but not on the lot on which the farm stand is located. (Added 5-5-10; Amended 11-12-14) Farm tour: An event organized by two or more agricultural operations or by a third party, to which the public is invited to visit two or more agricultural operations, and which may include educational programs, workshops, or demonstrations related to agriculture or silviculture. (Added 11-12-14) Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm winery under Virginia Code § 4.1-207. (Added 12-16- 81; Amended 5-5-10) Farm winery event: An event that is not a wedding, a wedding reception, or "other events" as that term is defined in section 5.1.25(c)(5), conducted at a farm winery on one or more days where the purpose is agritourism or to promote wine sales, and which may be, but is not limited to, wine fairs; receptions where wine is sold or served; wine club meetings and activities; wine tasting educational seminars; wine tasting luncheons, business meetings, and corporate luncheons with a focus on selling wines; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; winemakers' dinners where wine is paired with food; agritourism promotions; and fundraisers and charity events. (Added 5-5- 10; Amended 11-12-14, 1-18-17) Farm worker housing, class A: The term "Farm worker housing, Class A" means: (i) structures located on a farm that are designed and arranged to be occupied exclusively by up to ten (10) persons employed to work on the farm on which the structures are located for seasonal agriculture work or up to ten (10) persons including the farm workers and their immediate families; (ii) the number of such structures designed and arranged for sleeping does not exceed two (2); and (iii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets). (Added 12-13-06) Farm worker housing, class e: The term "Farm worker housing, Class B" means: (i) either structures located on a farm that are designed and arranged to be occupied exclusively by more than ten (10) persons employed to work on the farm on which the structures are located for seasonal agriculture work or more than ten (10) persons including the farm workers and their immediate families, or the number of such structures designed and arranged for sleeping is three (3) or more, regardless of the number of farm workers or their family members who could sleep in such structures; and (ii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets). (Added 12-13- 06) Farmers' market: The sale of agricultural products, value-added products, and accessory merchandise either outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas (RA) district or by one or more vendors in any other zoning district where the use is allowed, where each vendor selling the products and merchandise is engaged in production agriculture in Albemarle County regardless of whether it is on or not on the lot on which the farmers' market is located. (Added 10-11-95; Amended 5-5-10, 11-12-14) Hog farm: A place where hogs are kept and raised primarily for sale. Livestock: Domestic animals normally raised on a farm such as draft horses, cows, swine, goats, sheep. Poultry: Domestic fowl normally raised on a farm such as chickens, ducks, geese, turkeys, peafowl, guinea fowl, pigeons. Seasonal agriculture work: The term "seasonal agriculture work" means work by a person employed to work on a farm to perform either field work related to planting, cultivating, work related to keeping livestock and/or poultry, or harvesting operations, or work related to canning, packing, ginning, seed conditioning or related agriculture operations, and the work pertains to or is of the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may not be continuous or carried on throughout the year. A person who moves from one seasonal activity to another while employed by the farm to perform agriculture work is engaged in seasonal agriculture work even though he or she may continue to be employed by the farm throughout the year. (Added 12-13-06) Substantial impact: An impact that may arise from an event or activity at a farm winery, farm brewery, farm distillery, or agricultural operation that has a significant adverse effect on: (i) an abutting lot or the neighborhood, including an impact on any owner, occupant, or agricultural or silvicultural activity; or (ii) any rural road, natural resource, cultural resource, or historical resource. A substantial impact may result from a wide variety of factors including, but not limited to, the generation of traffic, noise, dust, artificial outdoor light, trash, stormwater runoff, and excessive soil compaction; the failure to provide adequate traffic controls and sanitation facilities; the cumulative effects of large numbers of events and activities occurring simultaneously, particularly when they are in close proximity to one another or require travel on the same rural roads; and events and activities that are incompatible with existing production agriculture. (Added 11-12-14) Usual and customary use, event or activity: A use, event, or activity at a farm winery, farm brewery, farm distillery, or agricultural operation that is both ordinary and commonly practiced or engaged in at farm wineries, farm breweries, farm distilleries, or agricultural operations, as applicable, within the Commonwealth, as determined by objective evidence. (Added 11-12-14) SECTION 10. RURAL AREAS DISTRICT, RA Sec. 10.2.1 By right. 30. Events and activities at agricultural operations authorized by right under section 5.1.58(d). Sec. 10.2.2 By special use permit. 56. Events and activities at agricultural operations authorized by special use permit under section 5.1.58(d). SECTION 11. MONTICELLO HISTORIC DISTRICT, MHD Sec. 11.3.1 By right. 29. Events and activities at agricultural operations authorized by right under section 5.1.58(d). Sec. 11.3.2 By special use permit. 10. Activities at agricultural operations authorized by special use permit under section 5.1.58(d), provided, however, that no special use permit shall be required for any use that is otherwise permitted pursuant to section 11.3.1. 5.1.58 EVENTS AND ACTIVITIES AT AGRICULTURAL OPERATIONS (see attached copy of ZO) ATTACHMENT: ALBEMARLE COUNTY CODE Zoning Ordinance Reference harm to the public health, safety, or welfare; and (iii) written consent to the proposed reduction has been provided by the owner of any lot abutting the proposed reduced setback. g. Uses prohibited. The following uses are prohibited: Restaurants. Helicopter rides. (Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord, 17-18(1), 1-18-17) 5.1.58 EVENTS AND ACTIVITIES AT AGRICULTURAL OPERATIONS Each event or activity at an agricultural operation authorized below shall be subject to the following: a. Purpose and intent. The purpose and intent of this section 5.1.58 is to implement policies of the comprehensive plan and the requirements of Virginia Code § 15.2-2288.6. The stated elements of the county's vision for the Rural Area designated in the comprehensive plan include having a strong agricultural economy with large lots on which to produce agricultural products, opportunities to gain value from processing those products, and accessing local markets; maintaining a clearly visible rural character achieved by supporting lively rural industries and activities; having a significant tourist economy in which the rural landscape augments the visitors' experience; and having diverse, interconnected areas of viable habitat, healthy streams, sustainable supplies of unpolluted groundwater, and protected historic and cultural resources. The comprehensive plan's stated goal to protect the county's agricultural lands as a resource base for its agricultural industries and for the related benefits they contribute towards the county's rural character, scenic quality, natural environment, and fiscal health is achieved, in part, by allowing appropriately scaled low -impact events and activities on farms engaged in agricultural production as provided in this section. The comprehensive plan's stated goal to encourage creative and diverse forms of rural production and support rural land uses is achieved, in part, by allowing the events and activities such as farm sales, low -impact forms of agritourism, and other events and activities provided herein. The comprehensive plan also recognizes that rural land uses depend on natural resources that are irreversibly lost when rural land is converted to residential and commercial uses, and that protecting rural land uses provides an opportunity to conserve natural, scenic, and historic resources — by maintaining farmland, forested areas, and other natural areas — and public fiscal resources — by limiting development and lessening the need to provide public services to wide areas of the County. In addition, the comprehensive plan recognizes that conflicts can arise not only between agricultural and residential uses, but also between different agricultural uses. Thus, to ensure that events and activities at agricultural operations do not conflict with the character of the Rural Area, to promote a vibrant rural economy while controlling the adverse impacts these events and activities may have on public fiscal resources and services, and to minimize possible adverse impacts resulting from events and activities, this section incorporates strategies provided in the comprehensive plan to address potential impacts. This section shall be implemented and interpreted to achieve the objectives of its purpose and intent. Findings. The board hereby finds that the standards and restrictions in this section were established by considering their economic impact on agricultural operations and the agricultural nature of the events and activities authorized herein. The board further finds that one or more substantial impacts on the public health, safety, or welfare have been identified when a zoning clearance or a special use permit is required by this section. These substantial impacts, and the thresholds and standards related thereto, are based upon the comprehensive plan, study, experience from authorizing and regulating similar events and activities under this chapter, and existing state 18-5-22.30 Zoning Supplement #101, 1-18-17 ALBEMARLE COUNTY CODE standards. In addition, the board finds that the thresholds and standards established herein are the minimum necessary in order to satisfy the relevant policies, goals, and objectives of the comprehensive plan without allowing the events, activities, and structures permitted by this section to cause substantial impacts and thereby endanger the public health, safety, or welfare. Applicability; limitations. This section applies only to the events and activities permitted by right and by special use permit under subsection (d). This section does not apply to the agricultural operation itself, to any farm winery subject to section 5.1.25, or to any farm brewery subject to section 5.1.57. d. Events and activities permitted. The following events, activities, and structures are permitted by right, permitted by right with approval of a zoning clearance, or by special use permit as set forth in the following table, provided that these events, activities, and structures are individually and in the aggregate subordinate to the agricultural operation, and subject to the applicable requirements of this section and this chapter: By right By Event or activity' Criterion By with special right zoning use clearancepermit' Agritourism: generally, On sites' greater than or equal to 21 acres and the for any number of events event or activity will generate 50 or fewer visitor X or activities, not regulated vehicle trips per day ("VTPD") as another category of Either on sites less than 21 acres or the event or X agritourism in this activitywill generate more than 50 visitor VTPD subsection or as an The event or activity would have more than 200 agricultural operation attendees at any single agricultural operation at any event time, regardless of the number of visitor VTPD or X the acreage of the site Agritourism: educational On sites' greater than or equal to 21 acres and the programs, or workshops event or activity will generate 50 or fewer visitor or demonstrations related vehicle trips per day ("VTPD"), and each event or to agriculture or activity would have 200 or fewer attendees at any X silviculture single time, regardless of whether the number of these events or activities, in the aggregate would exceed 4 in a calendar year The event or activity would have 200 or fewer attendees at any single time, regardless of the number of visitor VTPD or the acreage of the site, X where the number of these events or activities, in the aggregate would not exceed 4 in a calendar year Either on sites less than 21 acres or the event or activity will generate more than 50 visitor VTPD and each event or activity would have 200 or fewer X attendees at any single time, where the number of these events or activities, in the aggregate would exceed 4 in a calendar year The event or activity would have more than 200 attendees at any single agricultural operation at any X time, regardless of the number of visitor VTPD or the acreage of the site Agritourism: farm tours The number of farm tours in which the agricultural operation is participating would not exceed 4 in a calendar year, and each farm tour would have 200 or X fewer attendees at any single agricultural operation at any time, regardless of the number of visitor VTPD or the acreage of the site 18-5-22.31 Zoning Supplement #101, 1-18-17 ALBEMARLE COUNTY CODE By right By Event or activity' Criterion By with special right zoning use clearancespermit' Agritourism: farm tours The number of farm tours in which the agricultural operation is participating would exceed 4 in a calendar year, regardless of the number of attendees X5 at any single agricultural operation at any time, the number of visitor VTPD, or the acreage of the site Sales: The sale of On sites greater than or equal to 21 acres and the X agricultural or activity will generate 50 or fewer visitor VTPD silvicultural products, or On sites less than 21 acres or the activity will the sale of agricultural- generate more than 50 visitor VTPD X related or silvicultural- Structures used for the sales activity, in the related items incidental to aggregate, if the gross floor area devoted to sales is X the agricultural operation, less than orequal to 4,000 square feet including farm sales but Structures used for the sales activity, in the excluding harvest -your- aggregate, if the gross floor area devoted to sales is X own activities greater than 4,000 square feet Sales: harvest -your -own On any site, regardless of the acreage of the site, the activities number of visitor VTPD, or the number of attendees X at any time Sales: The preparation, processing, or sale of food On sites greater than or equal to 21 acres and the X products in compliance activity will generate 50 or fewer visitor VTPD with Virginia Code § 3.2- 5130(A)(3), (4) and (5) or related state laws and On sites less than 21 acres or the activity will X regulations ("sale of food generate more than 50 visitor VTPD products") Other Events or The event will generate 50 or fewer visitor VTPD Activities: Agricultural and will occur on sites greater than or equal to 21 X operation events acres The event will generate more than 50 visitor VTPD or occur on sites less than 21 acres but have 200 or X fewer attendees at any time The event will have more than 200 attendees at any time, regardless of the number of visitor VTPD or X the acreage of the site The number of events in a calendar year would exceed 24, regardless of the number of visitor X VTPD, number of attendees, or the acreage of the site Other Events or Determ Activities: Other events or ined by Determi activities which are The applicable criteria will depend on whether the how Determined ned by determined by the zoning proposed event or activity is classified as event by how how administrator to be usual agritourism, sales, or an event; and the applicable or event or event or and customary uses at criterion of the events or activities listed above shall activity activity is activity agricultural operations apply is classified is classi- throughout the classi- fied Commonwealth fied 18-5-22.32 Zoning Supplement #101, 1-18-17 ALBEMARLE COUNTY CODE 1. If two or more events or activities categorized as "Agritourism" or "Other Events or Activities" are being, or will be, conducted on -site simultaneously for any duration, the number of visitor VTPD and the number of attendees shall each be aggregated, and the requirements of the more restricted event or activity shall apply. For the purposes of this provision, an event or activity requiring a special use permit is more restricted than an event or activity permitted by right, either with or without a zoning clearance, and an event or activity permitted by right with a zoning clearance is more restricted than an event or activity permitted by right. 2. The zoning clearance shall be obtained under section 31.5 and shall include considering the matters in subsection (e). 3. The special use permit shall be obtained under section 33 and, in addition to the requirements of that section, shall include the information required by subsection (f). 4. The term "site," as used in this section, means one or more abutting lots under the same ownership on which the agricultural operation and the event or activity is located. 5. A single zoning clearance may be obtained for all agricultural operations participating in a farm tour. e. Matters to be considered in review of request for approval of zoning clearance. In reviewing a request for approval of a zoning clearance, the zoning administrator's review shall include verifying that the proposed event or activity complies with the applicable minimum yard standards in subsection (h), Virginia Department of Transportation entrance standards, Virginia Department of Health health and sanitation standards, and shall ensure that on -site travelways can accommodate emergency vehicles, adequate on -site parking is provided in a location that complies with this chapter, environmental impacts are addressed by compliance with the applicable regulations or performance standards of this chapter and chapter 17, and that all improvements comply with the applicable requirements in section 4. In addition, for any zoning clearance for a farm tour that may have more than 200 attendees at any single agricultural operation at any time, the zoning administrator shall consider the traffic management plan submitted by the person requesting the zoning clearance. The traffic management plan shall demonstrate how traffic entering and exiting each agricultural operation participating in the farm tour will be managed to ensure safe and convenient access to and from the site and safe travel on public streets. F. Information and sketch plan to be submitted with application for a special use permit. In addition to any information required to be submitted with an application for a special use permit under section 33.4, each application for one or more event or activity ("use") for which a special use permit is required under subsection (d) shall include the following: Information. Information pertaining to the following: (i) the proposed uses; (ii) the maximum number of persons who will attend each use at any given time; (iii) the frequency and duration of the uses; (iv) the provision of on -site parking; (v) the location, height, and lumens of outdoor lighting for each use; and (vi) the location of any stage, structure or other place where music will be performed. 2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the director of planning, depicting: (i) all structures that would be used for the uses; (ii) how access, on -site parking, outdoor lighting, signage, and minimum yards will be provided in compliance with this chapter; and (iii) how potential adverse impacts to abutting lots will be mitigated so they are not substantial. g. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to the following: Zoning clearance. Each agricultural operation shall obtain approval of a zoning clearance under section 31.5 prior to generating any outdoor amplified music at the agricultural operation. The purpose of the zoning clearance shall be to verify that the sound amplification equipment at the agricultural operation will comply with the applicable standards in section 4.18 or that the owner has and will use a sound level meter as that term is defined in section 4.18.02 prior to and while outdoor amplified music is being generated. 18-5-22.33 Zoning Supplement #101, 1-18-17 ALBEMARLE COUNTY CODE Maximum sound level. Sound generated by outdoor amplified music shall not exceed the applicable maximum sound levels in section 4.18.04. Outdoor amplified music not an exempt sound. Outdoor amplified music shall not be deemed to be an exempt sound under section 4.18.05(A). h. Yards and separation from dwelling units. Notwithstanding any other provision of this chapter, the following minimum front, side, and rear yard requirements shall apply to any event or activity: Structures used for sales. The minimum yards for structures used for the sale of agricultural or silvicultural products shall be as follows: a. New permanent structures and temporary structures. The minimum front, side, and rear yards required for any new permanent structure or temporary structure shall be as provided in the bulk and area regulations established for the applicable zoning district, provided that the minimum front yard on an existing public road in the rural areas (RA) district shall be thirty-five (35) feet. The minimum required yard may be reduced by special exception upon consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction. Existing permanent structures. If an existing permanent structure does not satisfy any minimum yard requirement under subsection (h)(1)(a), the minimum yard required shall be the distance between the existing permanent structure and the street, road, access easement, or lot line on November 12, 2014, and that distance shall not be thereafter reduced. An enlargement or expansion of the structure shall be no closer to a street, road, access easement or lot line than the existing structure. 2. Outdoor event and activity areas. The minimum front, side, and rear yards for outdoor event and activity areas shall be seventy-five (75) feet. In addition, outdoor event and activity areas shall be a minimum of one hundred twenty-five (125) feet from any dwelling unit on an abutting lot not under the same ownership as the agricultural operation. These minimum standards shall not apply to any portion of the agricultural operation that is engaged in production agriculture or silviculture, even though it also is used for an agritourism activity. 3. Parking areas and portable toilets. The minimum front, side, and rear yards for parking areas and portable toilets shall be seventy-five (75) feet. In addition, parking areas and portable toilets shall be a minimum of one hundred twenty-five (125) feet from any dwelling unit on an abutting lot not under the same ownership as the agricultural operation. Uses prohibited. The following uses are prohibited: 1. Restaurants. Helicopter rides (Ord. 14-18(2), 11-12-14) 5.1.59 FARM DISTILLERIES Each farm distillery shall be subject to the following: a. Operational uses permitted by right. The following operational uses, events and activities (hereinafter, collectively, "uses") are permitted at a farm distillery: 18-5-22.34 Zoning Supplement #101, 1-18-17