HomeMy WebLinkAboutSDP199700113 Approval - County 2021-04-28COUNTY OF ALBEMARLE
Department of Planning & Community Development
MEMORANDUM
TO: file
FROM: Susan Thomas, Senior Planner_
DATE: September 12, 1997
RE: Wayside Stand Permit, Panorama Farms Composting Operation
In a letter dated August 19, 1997 to Steve Murray, Panorama Farms, Inc. the Department of
Building Code and Zoning Services made a written determination that the composting operation
at Panorama Farms is allowed by -right in the Rural Areas zoning district under Section 10.2.1.3
of the Albemarle County Zoning Ordinance, "Agriculture, forestry, and fishery uses except as
otherwise expressly provided." A copy of the letter from zoning is attached to this
memorandum.
Although this determination allows that the making of the compost is by -right, the sale of the
compost requires that the property owner obtain a wayside stand permit. Section 10.2.1.5 of the
ordinance allows wayside stands, provided that they meet the supplemental regulations of
Section 5.1.19, as follows:
a. Structures for wayside stands, including vehicles, shall not exceed six hundred
(600) square feet in aggregate floor area nor be located closer than thirty-five (35)
feet to any public road right-of-way;
b. No such use may be established without approval of a preliminary site
development plan by the director of Planning. In review of such plan, the director
of planning shall give particular attention to provisions for safe and convenient
access from and to the public road and adequacy of delineation of parking. No
such plan shall be approved until the Virginia Department of Highways and
Transportation has approved commercial access to the site.
Staff discussed the composting operation with Bill Mills and Jim Kesterson of VDOT on
September 2, with particular attention to the access from Panorama Road (State Route 844) and
circulation on site. VDOT commented that Panorama Road currently is improved to a RRR
standard (18' pavement, 4' shoulder, 3' ditch) and thus is adequate for this use. They indicated no
concerns with the wayside stand permit. Staff subsequently reviewed the applicant's letter and
sketch plan submitted September 4, and finds that they meet the requirements of Section 5.1.19.
The letter and sketch plan are attached to this memorandum, along with notes to the file
reflecting a previous telephone conversation between Steve Murray and me describing the
seasonal operation of the composting business.
No changes or permanent improvements to the site are proposed. Customers enter the farm
utilizing the existing farm road, and proceed to the composting area where they are loaded, pay,
and leave. Most customers call ahead and thus receive service upon their arrival. No change to
this operating plan is anticipated should customer volume increase.
The wayside stand permit for Panorama Farms is hereby approved administratively.
cc: Steve Murray, Panorama Farms, Inc.
Janice D. Sprinkle, Chief of Zoning Administration,
Building Code and Zoning Services
Attachments:
A - August 19, 1997 Official Determination Letter from Building Code and Zoning Services
B - September 4, 1997 Letter and Sketch Plan from Steve Murray, Panorama Farms, Inc.
C - August 26, 1997 Documentation of Verbal Communication, Susan Thomas and Steve
Murray
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 223
Charlottesville, Virginia 229024596
Building Code Information
(804)296-5832
August 19, 1997
Steve Murray
Panorama Farm
300 Panorama Road
Earlysville, Virginia 22936
FAX (804)972-4126
TrD (804)972-4012
Re: Official Determination of Composting at Panorama Farms
Tax Map 45 Parcel 1
Dear Steve:
ATTACHMENT A
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PlanYI.If;6. f.y
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(804) 296-5875
This letter serves to take a position and offer a written determination from which the parties
in interest will either be satisfied, or if aggrieved, may seek an appeal. It is my opinion,
after visiting your farm and researching various sources including but not limited to the
Albemarle County Zoning Ordinance, Comprehensive Plan and the Code of Virginia, that
your composting operation is allowed by -right in the Rural Areas zoning district under
Section 10.2.1.3, "Agriculture, forestry, and fishery uses except as otherwise expressly
provided."
The issue that has come to our attention is a composting operation and the sale of the
compost product, both wholesale and retail. To make the compost, the City of
Charlottesville leaf collection trucks deposit their contents in a defined area of Panorama
Farm. Animal manure is added to the leaves, and the mixture is "stirred" by your
specialized windrow turning equipment. After multiple turnings, which take several weeks,
the finished compost is available to anyone who wants to purchase it from the farm. You
have told us that most often you load the compost into your own truck and deliver it to the
buyer, who is usually a nursery or landscape business. However, through word-of-mouth
advertising, some individuals have made apointments with you, driven their own vehicles
to the farm and purchased the compost there. When this use was first proposed and
offered by Rivanna Solid Waste Authority (perhaps two years ago), several people came
to the zoning department and requested that they be allowed to participate at a variety of
sites. Some were in the Urban Area and zoned with either residential or commercial
districts. At that time, we thought this was an agricultural use and authorized your site
which was the only one with RA zoning. We understood that the city leaf collection
program was involved but were unaware of the addition of purchased manure. We
erroneously thought that your cattle would be producing the manure that you would be
using. Once we were informed that neither part of the formula for the compost was
produced on your farm, we had to take a closer look and make this determination of use.
Official Determination of Composting at Panorama Farms
Page 2
The first part of this issue was whether this composting operation was indeed "agriculture."
The definition of agriculture in our ordinance states, "Horticulture, viticulture, silviculture
or other gardening which may involve the tilling of soil for the raising of crops; the keeping
of livestock and/or poultry; and/or agricultural industries or businesses, such as, but not
limited to, orchards, fruit packing plants, dairies, nurseries or wayside stands." Although
not specifically listed, the use of compost in any of the categories of "gardening which may
involve tilling of soil' is accepted as common practice. Compost is worked into the soil to
enrich the nutrient value and increase the fertility of the soil. In my opinion, the concept
of "agricultural industries or businesses" includes making and selling compost. The Right
to Farm Act also defines "agricultural operation" to mean "any operation devoted to the
bona fide production of crops, animals, or fowl, including but not limited to 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." [Code of Virginia 3.1-22.29(B).] Compost and the making of such is definitely
devoted to the bona fide production of many of the items listed above.
The second item considered was the intent of the Zoning Ordinance, specifically the Rural
Areas district. Section 10.1, Intent, Where Permitted, lists the following purposes:
"Preservation of agricultural and forestal lands and activities, water supply protection,
limited service delivery to the rural areas and conservation of natural, scenic, and historic
resources." The use of your farm for this agricultural operation will preserve this natural
resource and will allow you to proceed with your naturalizing of bird and animal habitat.
The Comprehensive Plan places highest priority on agriculture and forestry as land uses
in the Rural Areas. One objective is, "Support the agricultural and forestal industry through
promotional activites.' The Plan states, 'Reasonable protection of agricultural and forestal
resources through land use regulation can be supplemented with the promotion and
support of the industrial aspects of agricultural and forestal operations." The Plan also
recommends support for alternative agricultural activites" such as Christmas tree farms,
fish production, and sod production to supplement or replace more traditional activities.
With these statements, I believe that composting is supported by the Plan.
Finally, your certification from DEQ for the "Yard Waste Composting" has some very
specific conditions to be allowed to be considered for an "agricultural exemption." Your
operation meets these criteria as well as the Right to Farm definition of agricultural
operation as previously explained. Your inclusion as an agricultural use qualifying for
Land Use taxation by Albemarle County is yet another indication of our overall view of this
farm operation.
In summary, the composting operation as permitted by DEQ and as I saw on Panorama
Farm on June 20, 1997 when visiting with Susan Thomas and Amelia McCulley, is an
agricultural use allowed by -right in the Rural Areas zoning district. Although this
determination allows that the making of the compost is by -right, the sale of agricultural
Official Determination of Composting at Panorama Farms
Page 3
products comes under a different section. Section 10.2.1.5 allows "wayside stands" with
certain supplemental regulations that must be followed. A wayside stand is defined as,
"Any structure or land used for the sale of agricultural or horticultural produce or
merchandise produced by the owner or his family on their farm." Although this is a by -right
use, wayside stands must adhere to the supplemental regulations of Section 5.1.19 which
limit the area for the structure, including vehicles, to 600 square feet and limit the location
to be no closer than 35 feet to any public road right-of-way. It also states, "No such use
may be established without approval of a preliminary site development plan by the director
of planning." Items that must be addressed are, "safe and convenient access from and to
the public road and the adequacy of delineation of parking." Further, "No such plan shall
be approved until the Virginia Department of Transportation has approved commercial
access to the site." The planning department usually accepts a "sketch plan" for this
purpose. Please contact Susan Thomas in the Department of Planning and Community
Development to submit. a plan. Until such time as the wayside stand receives approval,
you are in violation of the Zoning Ordinance.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30)
days of the date notice of this determination is given, in accordance with Section 15.1-
496.1 of the Code of Virginia. If you do not file a timely appeal, this determination shall
be final and unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. In order for an appeal to be considered complete, it shall include
a completed application and $95 fee. The date notice of this determination was given is
the same as the date of this letter.
Sincerely,
�2) s `
Janice D. Sprinkle
Chief of Zoning Administration
cc: Reading file, TMP45-1
Larry Davis
Susan Thomas
Mary Joy Scala
ATTACHMENT B
PANORAMA FARMS
Sept. 4, 1997
Ms. Susan Thomas
Dept. of Planning and Community Development
401 McIntire Rd.
Charlottesville, Va. 22902
Dear Ms. Thomas,
In a letter dated August 19, 1997, Albemarle County determined that
the composting operation at Panorama Farms is a bonafide agricultural
operation. I would like to formally apply for a wayside stand permit for the
on -farm sale of our finished compost.
On the attached map, I have indicated our composting site layout. This
layout is determined by the slope of the land and should not change. There
are no buildings anticipated and no parking necessary due to the nature of our
business.
I understand that in a conversation September 2, 1997 you addressed
the entrance to Panorama Farms with Mr. Bill Mills of VDOT. Mr. Mills
indicated that VDOT had no identifiable concerns with existing access, and
verbal approval was given. This should complete the requirements of the
Zoning and Planning Departments in regard to our wayside stand permit.
Thank you for all your help in this matter. If I can be of any further
assistance, please do not hesitate to call.
ray
300 Panorama Road 0 Earlysville, Virginia 22936 0 (804) 973-8547