HomeMy WebLinkAboutAP201800002 Staff Report 2018-11-21Lrf2C;l1�ZA
COUNTY 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
FINAL AGENDA
TUESDAY, DECEMBER 4, 2018
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 __given to the BZA members for the official record of the meetin_q.
• 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.
STAFF PERSON: Bart Svoboda
PUBLIC HEARING: December 4, 2018
STAFF REPORT: AP 201800002 Roslyn Farm and Vineyard
APPELLANTS: MESA Associates, a Virginia Family Limited Partnership
Contact Person: John or Trula Wright
In accordance with Section 34.3 of the Albemarle County Zoning Ordinance, the
Appellant is appealing the issuance of zoning clearance CLE201800041.
BACKGROUND
The subject property (Parcel ID 06100-00-00-00100) is owned by Roslyn Farm of
Albemarle County, LLC and is located at 100 Roslyn Heights Road, adjacent to
Hydraulic Road. The property is zoned Rural Areas (RA). (See Attachment A.)
The subject zoning clearance (CLE201800041) was issued on August 6, 2018.
The Appellant is appealing the issuance of zoning clearance CLE201800041,
which permits those events and activities at an agricultural operation as are
permitted under section 5.1.58 of the Zoning Ordinance. (See Attachment B.)
This appeal was filed on September 7, 2018. (See Attachment C). The full
appeal submittal with letter and Attachments was provided to the BZA previously
in a preliminary packet.
Below is an abbreviated chronology of actions relevant to this appeal:
• 2/15/2018 —Zoning Clearance application CLE201800041, for events and
activities at an agricultural operation, was submitted
• 2/20/2018 - CLE201800041 was distributed to VDOT, County Engineer,
Health Department and other review staff
• 2/20/2018 - Received VDOT e-mail indicating no comments
• 3/13/2018 - Received VDOT e-mail clarifying no objections
• 3/19/2018 - Sound evaluation information e-mailed by applicant
• 7/13/2018 - Health department approval of zoning clearance
• 7/23/2018 - Received e-mail from County Engineer confirming that no
VSMP is required because the subject property is in agricultural use and
SP comments do not apply
• 7/24/2018 — Received e-mail from applicant regarding Fire Marshal
evaluation associated with special use permit
• 7/27/2018 - Site visit by zoning staff to confirm access
Page 11
• 7/30/2018 - Staff e-mailed concerns about condition of access from Lambs
Road not being in safe and convenient condition.
• 7/31/2018 - Received e-mail from Fire Marshal with conditions of approval
• 8/6/2018 — The zoning clearance was issued by Zoning staff.
• 8/8/2018 - Engineering and Zoning site visit to follow up on concerns
regarding access from Lambs Road
• 9/7/2018 - Appellant filed AP 201800002, appealing the issuance of
zoning clearance CLE201800041, for events and activities at an
agricultural operation
SUMMARY OF FACTS
1. The property is zoned Rural Areas (RA), as identified on the official zoning
map.
2. Agriculture is a by -right use in the Rural Areas (RA) zoning district.
3. Events and activities at agricultural operations authorized by right under
Zoning Ordinance § 5.1.58(d) are by -right uses in the Rural Areas (RA)
zoning district.
4. The property is subject to use value assessment because it is "real estate
devoted to agricultural use," as determined by the local assessing officer.
5. The property is engaged in the production of agricultural products, as
defined by the zoning ordinance.
6. The appellant's argument does not contest the applicability of Zoning
Ordinance § 5.1.58.
RESPONSE TO APPELLANT'S ARGUMENTS
The appellant argues that in order for the Zoning Clearance to be issued, the
County had to determine that the primary use of the property is agriculture.
County Response: Zoning ordinance § 10.2.1 (Permitted Uses) lists a
variety of primary and accessory uses for the Rural Areas zoning district,
such as a single-family dwelling and a country store or a winery. There is
no ordinance requirement that restricts a parcel to only one primary use.
That being the case, a variety of subordinate uses are also permitted in
conjunction with a permitted primary use. As an example, a twenty -acre
parcel with fifteen acres in hay and pasture (10.2.1.3 Agriculture, a
primary use) would not prevent the construction of a house (10.2.1.1
Detached single-family dwelling, a primary use), a second primary use on
that same property.
2. The appellant also argues that the Zoning Clearance was issued based upon
misleading and incomplete information.
Page 12
County Response: Zoning Ordinance § 5.1.58 (Events and Activities at
Agricultural Operations) identifies the uses and activities allowed in
conjunction with an agricultural operation. The zoning clearance (see
Attachment A) contains the following information:
• The checklist provided with the application indicates that the
following have been addressed:
o Submittal of a concept plan
o Setbacks (yards and separation from dwelling units)
o Parking requirements
o VDOT entrance standards
• A list of agricultural products (also identified in the appellants
justification) that includes pigs, cows, goats (for dairy & meat),
greens & produce production, grapes, poultry, poultry eggs, ducks
and duck eggs are qualifying agricultural items.
• Onsite inspections performed on both July 27, 2018 and August 8,
2018 verified zoning requirements.
The County's Land Use Taxation records indicate that
approximately 21.19 acres of the subject property qualifies for land
use taxation. (See Attachment D.)
3. The appellant contends that the application is unclear regarding the number
of attendees allowed at gatherings.
County Response: The application is clear, the number of attendees for
events and activities are "200 or fewer attendees at any time" per Zoning
Ordinance §5.1.58 d.
4. The appellant argues that there is no evidence that the staff verified that the
equipment necessary to implement the sound plan is owned by the property
owner.
County Response: The ordinance requires either a sound study or that the
owner has and will use sound level meter. The Professional Sound
Evaluation & Analysis by Native Nashville Sound (dated 0210312018)
states that 'At no point during the study did the noise level measured at
the property lines exceed Albemarle County's Noise Ordinance of 60
decibels." This satisfies the requirements in Zoning Ordinance § 5.1.58.g
that the sound generated by outdoor amplified music equipment at the
agricultural operation will comply with the applicable standards in Zoning
Ordinance § 4.18.04.
Page 13
The Appellant's appeal also includes certain arguments that either are not
relevant or impose requirements that simply are not part of the Zoning
Ordinance. Despite the Appellant's arguments:
• There are no "rules and regulations" to advise surrounding property
owners of pending zoning clearance applications.
• The amount of income produced on the farm is not dispositive of a zoning
clearance application.
• The income from the Bed and Breakfast use is likewise not dispositive of
the zoning clearance.
Staff did physically inspect the subject property (at least twice).
Also despite the Appellant's arguments, the subject property is "devoted to the
bona fide production of crops, animals, or fowl" (as defined in Zoning Ordinance
§ 3.1) because (among other factors):
(i) the lot is subject to use value assessment because it has real estate
devoted to agriculture, horticulture, or silviculture;
(ii) there is also a portion of the lot's acreage in agricultural production; and
(iii) there are crops, animals, or fowl being produced.
CONCLUSION
The issuance of zoning clearances is not a discretionary policy matter, but is
based on whether the proposed zoning clearance meets the applicable
ordinances.
A ministerial act is one performed under a given set of facts and implements that
policy or law by applying the facts in the particular circumstances to the
established standards that govern the decision. When the requirements of a
statute or ordinance are satisfied, approval becomes ministerial and mandatory,
and the application must be approved. In this case, Zoning Ordinance § 31.5(b)
requires: "If the proposed building, structure, improvements, and site, and the
proposed use thereof, comply with [the Zoning Ordinance], the zoning
administrator shall issue the zoning clearance."
Zoning Ordinance § 5.1.58 specifically allows certain events and activities at
agricultural operations, under the corresponding Zoning Ordinance standards.
Zoning Clearance CLE201800041 complies with those Zoning Ordinance
standards and was properly issued on August 6, 2018.
The appeal should be denied and the zoning clearance affirmed on both
procedural and factual grounds. The zoning clearance complies with the
applicable zoning regulations. Because the requirements of the ordinance were
satisfied, the issuance of Zoning Clearance CLE201800041 was correct and
should be affirmed.
Page 14
Attachment A
Attachment B
Attachment C
Attachment D
Page 15
ATTACHMENTS
Zoning Clearance Information
Ordinance References
Information submitted by appellant
Albemarle County Property Information
FOR OFFICE
+ USE ONLY
Fee Amount S_J Y Date P gueipt #
il
Application f®r Zoning Clearance
Agricultural Operation Sales, Events, or Activities
L_'J Zoning clearance fee = $54
vents & Activities Regulations Checklist (pages 2-3 of application)
Project Name: Roslyn Farm & Vineyard
Tax map and parcel: 06100-00-00-00100
Zoning: RA
owner,
Physical Street Address (if assigned): 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 ender same ownership &part of the agricultural operation)
_ 42.61 acres
Describe agricultural operation, including crops and livestock produced and acreage devoted to agriculture:
Horse boardingAessons. Dias, cows goats (for dairy & mean areens & produce production grapes
poultry. poultry eggs d t .ks duck aggs
_i Ma +"FL
+,ytic nuu ircqurncy Or acnviuws (Sated, tours, events) planned:
Agri -tourism. farm sales farm -to -table dinners farm tours educational workshops uD to 24 times a year.
.— wsc vcu,c.es cxpemu per nay wttn sales, events, or activities:
40
Number of attendees for tours or educational programs:
200 or fewer attendees at any time
Square footage of structures used for farm sales:
under 1,000 SF
AppaeanNContaet Person (Who should we calltwrite cmcanmg this project?). SUe A. Albrecht
Address 80 Roslyn Forest Lane city Charlottesville state V_ zip 22901
Daytime Phone ram) L31-2435 Fax # c-)
Email __S_Ue(QdesionenAranc rum
owner of Record _ Roslyn Farm & Vineyard LLC
Adores: 80 Roslyn Forest Lane city Charlottesville state_ zip 22901_
Daytime Phone i34 531-2435 Fax # L__)
E-mail. sue@designenyirons.com
Owner/Applicant Must Read and Sign
I hereby c fy that the info n provided on this application and accompanying information is accurate, true and correct to the best of
o edge and f.
l8
Signature of Owner, Agent Date
ATTACHMENT A
Sue A. Albrecht 434-531-2435
Print Name Daytime phone number of Sign
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 Pagc 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 FAQs
No Permit Re uired
Zonis ClearancTa
S eciial Use Permit
Harvest -your -own activities
Outdoor amplified musicructures
for farm sales
er 4,000 sf
Agritourism, events or retail sales
Agritourism, events or retail
ents or activities (including
generating 50 or fewer vehicle trips
Perday and occurring on sites 21 or
generating either more than 5cational
vehicle trips per day or occurrkshops
programs,
or demonstrationsmore
acres in size
sites under 21 acres in sizeted
to agriculture orUp
to 4 farm tours per year with 200 or
More than 4 farm tours per yeiculture)
with over 200fewer
attendees at any time
and farm tours with over 200ndees
at any timeUp
to 4 educational programs, work-
attendees at any timeer
24 events of any size/
shops, or demonstrations related to
More than 4 educational progragriculture
or silviculture per year with
workshops or demonstrations
200 or fewer attendees at any time
related to agriculture or silvicu
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)
® 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.
Ifyou propose to disturb greater than 10,000 square feetyou must contact the County Engineer regarding additional
requireme S.
Yards and separation from dwelling units. The followingminimum front, , side, and rear yard requirements shall
apply to any event or activity:
Front
Side
Rear
Minimum separation
Primary structures
75' — public road
from ad'acent dwe11%n
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
arkiing- One (1) parking space per 200 square feet of retail sales area is required. For agritourism events, faun
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 verifythat 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. 0-r aS Pvkr d "My W_W� P aA
❑ 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 r/ /,i
management plan shall demonstrate how traffic entering and exiting each agricultural operation participating in the
Zf'atourwill be managed to ensure safe and convenient access to and from the site and safe travel on public streets.
inia Department of Transportation (VDOT) entrance standards- Zoningclearances for agricultural
gn tural 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 the' req irements and
Zvirnginia
r zoning clearance will not be approved until those improvements are completed. �j � 5 ) 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. Yourzoning clearance will not be
approved until the County has received your approval from the Health Department.I
❑ Uses prohibited- Restaurants and Helicopter rides are prohibited. I 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. d4-0 0 of o q o o 01AAIL
❑ 40 square feet of wall signage. Maximum height for wall signs is 20'.
APPROVAL INFORMATION
[ J Approved as proposed VCPproved with conditions ( J Denied
Conditions Oe g k&tj _iL
Zoning Official
Date
Ag Operation Clearance Revised 1 1/02/2015 Page 3 of
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CLE201800041 Roslyn Farm & Vineyard
Agricultural Operations & Events Zoning Clearance Conditions of Approval 8/6/18
I. 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 DJs. 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
2
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
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(l), 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.
1. 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 1.1-'
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
ew.& ��s
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 1 1:27 AM, Rebecca Ragsdale <rrasdalealbemarle.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!
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:
I. 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>
1
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
-H1 V'DOT \C'a. I Charloitc,"villc i V
M M 11 434.422.9782
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.virginia.gov>; 'Mazurowski, Alan
(VDH)' <Alan.Mazurowski@vdh.virginia.gov>
Cc: Scott Clark <Sclark@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org>; 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)
ATTACHMENT B
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.
2. 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.
b. 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.
C. 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
clearance'
perMit3
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
activity will 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 activitvt
Criterion
By
with
special
-
right
zoning
use
clearancepermit'
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
X'
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
X
the sale of agricultural-
generate more than 50 visitor VTPD
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
Detenn
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.
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.
3. 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.
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.
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:
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
ALBEMARLE COUNTY CODE
C. Certificate of occupancy where improvements not completed. Upon the request of a developer, the
zoning administrator may approve a certificate of occupancy where the buildings or structures
shown on a site plan are completed in compliance with the building code and this chapter before
all improvements required by the site plan are completed, as follows:
1. Required findings. The zoning administrator may approve a certificate of occupancy
upon finding that: (i) the improvements still to be completed and operating are not
directly related to health and safety, such as fire hydrants and safe and convenient access
to public roads; and (ii) the site may be occupied without endangering life or public
health or safety prior to full completion of the improvements required by the site plan.
2. Surety. Before issuing a certificate of occupancy, the zoning administrator may require
the developer to provide a certified check, bond with surety, a letter of credit, or other
form of surety, all of which shall be in a form satisfactory to the county attorney, in an
amount sufficient for and conditioned upon the completion of the improvements within
one (1) year. Upon the request of the developer prior to the expiration of the surety, the
zoning administrator may extend the period of the surety if the developer demonstrates
that an extension is required because of adverse weather conditions or other unusual
circumstances beyond the developer's control, rather than the developer's failure to
diligently pursue completion or other reasons.
d. Circumstances when certificate of occupancy shall not be issued. The zoning administrator shall
not issue a certificate of occupancy in the following circumstances:
1. No certificate of occupancy shall be issued in violation of this chapter.
2. No certificate of occupancy shall be issued if, after review of any building, structure or
site, the zoning administrator determines that additional improvements are necessary to
protect the public health or safety, regardless of whether the improvements are shown on
the site plan.
e. Other information for building official. The zoning administrator shall inform the building official
of any other applicable laws or any other provision of the Code to which the building or structure
does not comply and, therefore, a certificate of occupancy should not be issued by the building
official.
(§ 31.2.3.1, 12-10-80, 6-2-82, 9-9-92; Ord. 01-18(6), 10-3-01; § 31.2.3.3, 9-9-2; Ord. 01-18(6), 10-3-01;
Ord. 09-18(3), 7-1-09)
31.5 ZONING CLEARANCE
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
1. New use. Prior to establishing a new non-residential use, including those provided in
subsections (a)(6) and (a)(7), other than an agricultural, use.
2. Change or intensification of existing use. Prior to changing or intensifying an existing
non-residential use, including those provided in subsections (a)(6) and (a)(7), other than
an agricultural use.
3. Change of occupant. Prior to a new occupant taking possession of an existing non-
residential use, other than an agricultural use.
4. Specific buildings, structures or uses. Prior to establishing any building, structure, or use
for which a zoning clearance is required under section 5.
5. Commencement of extraction activity. Prior to commencing any natural resource
extraction activity within the natural resources overlay district.
18-31-4
Zoning Supplement #104, 10-11-17
ALBEMARLE COUNTY CODE
6. Events and activities at farm wineries, farm breweries, farm distilleries, and agricultural
operations. Prior to the first time that a specific class of event or activity is held at a farm
winery, farm brewery, farm distillery, or agricultural operation, if a zoning clearance is
required under sections 5.1.25(b), 5.1.57(b), 5.1.58(d), and 5.1.59(b).
Outdoor amplified music. Prior to the first time that outdoor amplified music is
generated at an event or activity at a farm winery, farm brewery, or agricultural
operation, as provided in sections 5.1.25, 5.1.57, and 5.1.58, respectively.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use
thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance.
C. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue
a zoning clearance if, after review of any site, the zoning administrator determines that additional
improvements are necessary to protect the public health or safety, regardless of whether the
improvements are shown on the site plan.
d. Notice to the owner if the applicant is not the owner. Within ten (10) days after receipt of a request
for a zoning clearance by an applicant who is not the owner of the lot and/or structure to which the
zoning clearance pertains, and prior to acting on the request, the zoning administrator or the
applicant, at the zoning administrator's request, shall give written notice of the request to the
owner. Written notice mailed to the owner's last known address as shown on the current real
estate tax assessment records shall satisfy this notice requirement. If the zoning administrator
requests that the applicant provide the written notice, the applicant shall provide satisfactory
evidence to the zoning administrator that the notice has been given.
e. Commercial and industrial uses defined. For the purposes of this section 31.5, production
agriculture, production silviculture, and agricultural operations are neither commercial nor
industrial uses; a home occupation is a commercial use.
f. Effect of renumbering and renaming. Any other section of this chapter that refers to section
31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.5 or a
zoning clearance.
(§ 31.2.3.2, 9-9-92; Ord. 01-18(6), 10-3-01; Ord. 09-18(3), 7-1-09; Ord, 11-18(1), 1-12-11; Ord. 11-18(8),
8-3-11; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15)
31.6 SPECIAL USE PERMITS
(Repealed 12-5-12, effective 4-1-13; Formerly § 31.2.4)
31.6.1— 31.6.4 (Repealed 12-5-12, effective 4-1-13; Formerly §§ 31.2.4.1-31.2.4.4 )
31.7 (Repealed 7-8-15)
31.8 (Repealed 12-5-12, effective 4-1-13)
18-31-5
Zoning Supplement #95, 12-9-15
FOR OFFICE USE ONLY AP # I — Xi SIGN #
ZONING ORDINANCE SECTION:
Fee Amount S .JCI Date Paid LJ 1 J By who? Lt % Receipt # 1��Ck# `5 3 By:
Application for
Appeal of Zoning Administrator's Determination
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
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
Legal advertisement (published twice in the newspaper for each public
Actual cost
hearing)
(averages between $150 and $250)
—y � j�
Contact Person (Who should we c/alllhvrite concerning this project?): -JL?I /✓ Lri� ✓ i"s tl� /✓t��iei 6,;Vb6e"s
Address / �'SL—yJt/ �} ��1}T-S'' AeCity.��dr%T State U� Zip
Daytime Phone rJ�✓ / "�� y3� Fax # � W c5 AE-mail A P1_7- 0K t9e,1_i
Owner of Record /20574.y/ywiLr l 1`4
Address tr'1/✓ i�%%u T�� Cit♦'�—/P�j4�EPl�V��`1� State Zip
Daytime Phone J —1 — E-mail pis/ QV,,tc ' ✓/I ��/� `t7,�i�
Applicant (Who is the Contact person representing?): �A1 —s lee
Address �J� ,C A_5L_1/iu /1J6_1-11!CV `S' )Qaf'iD CKyG'{�q�LQil��Sl�'lu� State &�e Zip
Daytime Phone — ,�� Fax #
ATTACHMENT C
County of Albemarle Department of Community Devt
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-�
Revised 1 1 /1 /201 5 Page I of 2
Project Name: 0 /1112!Yt A!VQ
Tax map and parcel: 4r /Ot;7 dcr "'W — eUM4- Zoning•
Physical Street Address (if assigned):
f 4Q f to s-/-VA/
Location of property (landmarks, intersections, or other):
ff �`,b12 A-u �./ `v j2yfiD R ,�Ti�c��.fl /�c�S�-�i�'���s ��•s� �yv.�
The following information shall be submitted with the application and is to be prodded b the applicant: A 05 <jIA/ rV11)
I) Completed application including subject of appeal.�f'1��'��U*- OF G,l��� ,/F"n6r47yl
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information N 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, t , �e ef/
�. LSD ci—AAX V.4;cs ccT-
)�r�r C�vf fu. G c� �1t • c �i ew S
Explanation of error in determination and justification of applicant's position:
�._ S ; /t )w�f Ay /1CnT :9,iv A q GAS0,fbr.�Li�•s'
Owner/Applicant Must Read and Sign
I
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.,��,� �p
Date: f6l�
ignature o wner Jr C ti iicl Purchaser, Agent
Print Name Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Reused 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, 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)
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, III, 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 I 531, pages 644 and 645; LESS AND EXCEPTthose 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)
z
lm
(SEAL)
elm
STATE OF VIRGINIA
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
cwmrwnw"'b a vtrgtnu
IN DoroOry GSmith, Notary public
comm"m 10
102220
Commisabn Expires
20/31/2018
RECORDED IN CLERK'S OFFICE OF
ALBEMARLE ON
MAY 12, 2015 at 1215:27 PM
AS REQUIRED BY VA CODE 158.1-602
STATE: $650.00 LOCAL: $650.00
A E COUNTY, VA
D M. P CIRUIT CLERK
0C
ROSLYN FARM
AM 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 se
comfortable familytong for
entertaining, li`'mg 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. Ejaensive 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 g
Road. 3'n Heights
PRICE:
TO SHOW: By a
Owner, 24-hour notice.
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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.
"As a sixth -generation farmer living in 20r8, 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
legislative action from the Board of Supervisors."
Clark said at least three special -use permits for events in the rural area have been granted by the Board of
Supervisors, including one at Panorama Farms. The permit process is intended to take the needs of each
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.
Nearly r,loo people have signed an online petition in support of Roslyn Farm's request
Community meetings are usually held by the countys growth advisory committees. The petition notes that
Roslyn Farm is not within the boundaries of the Places2q-Hydraulic Committee but Fox and Richards agreed to
take part in a community meeting hosted by that group anyway.
Public hearings will be scheduled before both the Planning Commission and the Board of Supervisors. No dates
have been set yet.
Clark said special -use permits run with the land and are permanent.
"There have been a few rare cases where the board has approved a special -use permit with a time limit," Clark
said. "They are almost always subject to restrictions."
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
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More news for Roslyn Farm "
LEARN MORE:
'1 County super isors approve new
regulations for farm wineries
Ballards Mill Road residents raise
concerns about farm winerv,
Panorama Farms to begin hosting
weddings
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 Sheriffs 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.
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11/16/2018 County of Albemarle - GIS-Web - Property Information
Parcel ID: 06100-00-00-00100
Parcel Assessment Data (CAMA) Last Updated On: 11/14/2018
Other Parcel Data Last Updated On: 11/11/2018
GIS/Mapping Data Last Updated On: 11/11/2018
Land Value Information
------------Market Value--------
LandType HS1 - Homesite 1
Acre Type N/A
Acres 2
Land Value $127,900
Land Type HS1 - Homesite 1
Acre Type N/A
Acres 2
Land Value $170,500
Land Type RS1 - Residual 1
Acre Type N/A
Acres 8.38
Land Value $214,900
Land Type
RS2 - Residual 2
Acre Type
N/A
Acres
11.80
Land Value
$215,900
--------------Use Value --------------
Land Type
AB - Agriculture Current Use 2
Acre Type
AGRICULTURE
Acres
7.23
Unit Price
$450
Land Value
$3,300
Land Type
AC - Agriculture Current Use 3
Acre Type
AGRICULTURE
Acres
6.45
Unit Price
$340
Land Value
$2,200
Land Type
AF - Agriculture Current Use 6
Acre Type
AGRICULTURE
Acres
7.51
Unit Price
$170
Land Value
$1,300
Land Type
AHA - Main House Current Use
Acre Type
MISC TYPES
Acres
2
Unit Price
$85,250
Land Value
$170,500
ATTACHMENT D
Land Type
NA - Other House 1
Acre Type
MISC TYPES
Acres
1
Unit Price
$95,900
http://gisweb.albemarle.org/GISWEB/Propertylnfo.aspx?pin=06100000000100 1/2
11/16/2018
Land Value $95,900
County of Albemarle - GIS-Web - Property Information
http://gisweb.albemarle.org/GISWEB/Propertylnfo.aspx?pin=06100000000100 2/2