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Home My WebLink AboutCLE202300057 Application 2023-04-100191► 016"N01affi\111:4=►'ir"1 Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY For farm wineries, breweries, and distilleries established after January 18, 2017, the following requirements must be met in order to hold events or activities, excluding those permitted by right: • A minimum of 5 acres of agricultural product planted on -site to be used in beverage production • On -site facilities for fermenting or distilling • For farm wineries and farm distilleries, on -site facilities for bottling (portable botting equipment is acceptable) • A tasting room with regular hours open to the public (hours by appointment only may satisfy the event eligibility requirement with a special exception) For events and activities the following shall apply: By Right (No Permit Required) Zoning Clearance Special Use Permit • Growing, harvesting and pro- For farm wineries, farm brewer- Events or activities with duction related to the making of ies & farm distilleries estab- over 200 attendees at wine, beer, or distilled spirits lished after December 9, 2015, any time. This includes • Tasting of wine, beer, or events or activities generating multiple events on the distilled spirits either over 50 vehicle trips per same farm where multi - day or occurring on sites under ple licenses have been • Direct sale of spirits, related 21 acres in size. granted for two or more items and incidental gifts (ex. operations. The cumu- bottle openers, glasses, See list below for applicable lative total of attendees t-shirts, etc.) events or activities for all events is consid- • Storage, wholesaling & ship- ping in accordance with ABC Outdoor amplified music ered for the Special Use Permit require - regulations ment. Events and activities subject to zoning clearance and event eligibility requirements: Wine, beer or distilled spirits - fairs or festivals, - receptions where wine, beer or distilled spirits are sold or served, - club meetings and activities, - tasting educational seminars, - tasting luncheons, business meetings, and corporate luncheons with a focus on selling wine, beer or distilled spirits. • Gatherings with the purpose of promoting sales to the trade. • Winemaker, brewmaster, or distiller dinners where wine, beer or distilled spirits are paired with food. • Agritourism promotions. • Fundraisers and charity events. • Weddings and wedding receptions • Other events not expressly authorized that are agritourism events or are sales related events, which are de- termined to be usual and customary at farm wineries or farm breweries or farm distilleries throughout the • l 1ll : ■ ■W 91 3FA\ N : Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY Commonwealth. Using GIS web map or a physical survey of your property, please provide a sketch plan that shows the following: X Location of all structures used for the events or activities - Approval of a building permit is needed for all new structures to be used for events and activities. X Location of parking - Provide one (1) 9' X 18' parking space per two and one-half (2.5) visi- tors, plus one (1) space per employee (includes caterers, musicians and vendors). The final num- ber required will be calculated once it is clear how many visitors are proposed. Location of the entrance to be used by visitors to the events or activities - The clearance will be sent to VDOT to confirm entrance standards are met with your proposal. If VDOT proposes entrance improvements, you will be notified of their requirements and your zoning clearance will not be approved until VDOT has given approval. Location of tents and portable toilets - If you propose to have a tent and or provide portable toi- lets then show the locations on the map. For structures built after May 5, 2010 and all proposed tents, portable toilets and off-street parking areas, the following setback requirements apply* Front Side Rear Primary & accessory 75' — from public road 25' 35' structures right -of way 25' — from internal road or private road right -of way Parking Areas 75' — from public road 125' 125' right -of way 25' — from internal road or private road right -of way Tents & Portable toilets 125' 125' 125' Minimum required yard may be reduced by the Board of Supervisors 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. • Land disturbance - If you propose to disturb greater than 10,000 square feet of area for your op- eration then you must contact the County Engineer regarding additional requirements. 0 Uses prohibited - Restaurants and helicopter rides are prohibited. •1I1: I r"a•l MA\ W: Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY OR DISTILLERY ADDITIONAL INFORMATION FOR YOUR FARM WINERY, BREWERY OR DISTILLERY x Neighbor notification - When submitting a zoning clearance application to the County, written notice is required to be mailed to all abutting properties under different ownership and should identify the proposed size, type, and frequency of events, and the name and telephone number of a contact person who will be on -site during the events. 9 Outdoor amplified music - If you propose to have outdoor amplified music either during your daily tasting room operation or at your permitted events and activities then a separate zoning clearance must be obtained prior to generating any outdoor amplified music. This includes but is not limited to operating a stereo/jukebox or having live music performed. Amplified music that occurs within a structure with open doors and or windows is considered outdoor amplified music. Please see the Outdoor Amplified Music zoning clearance for further information. Sound generated by outdoor amplified music shall not exceed the applicable maximum sound levels in section 4.18.04. Outdoor amplified music is prohibited between the hours of 10 pm-7 am Sunday through Thursday and 11 pm-7 am on Friday and Saturday. x Mobile Food Vendors - If you propose to allow a mobile food vendor to operate at your farm winery, farm brewery, or farm distillery then a zoning clearance is required to be obtained by each mobile food vendor. Please see the Mobile Food Vendors zoning clearance for further information. X Business License - If your events generate income beyond the sale of product(s) produced on the farm, an additional business license may be required. Contact the Finance Department to determine if an additional business license is needed. Signs- A sign permit is required for freestanding, wall and or temporary signs, except no sign permit is required for an agricultural product sign. If you propose to install signs, then the following regulations apply: Sign Type Number Allowed Sign Area Sign Height Sign Setback (Max) (Max) (Max) (Max) 24 square feet; if more Freestanding 2 than one sign, no sign 12 feet 5 feet shall exceed 12 square feet Wall N/A 40 square feet 20 feet N/A 32 square feet; if more Agricultural product* 2 than one sign, no sign 12 feet 5 feet shall exceed 16 square feet Temporary 1 per street frontage 24 square feet 10 feet 5 feet •111: 0 r"a• Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY] BREWERY OR DISTILLERY Owner/Applicant Must Read and Sign I hereby certify that I understand the requirements outlined and that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. tn.P ti _ 7- ;2 3 Signature of Ovoer or Applicant Date I> o /-� g -` E� (434) 234-7066 Printed Name Daytime phone number of Signatory APPROVALS Other Officials Date Zoning Official Date FOR OFFICE USE ONLY CLE # Fee Anwwd S Wte Paid By who? Receipt q _(Iw By: oil] L" 0 r"A•] =W11 ■ :4 :1►'lFA\' Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY, OR DISTILLERY RELEVANT DEFINITIONS Farm: The term "farm" means one or more parcels of land, whether such parcels are abutting or not, operated un- der the same management and whose primary use is agriculture. Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm winery under Virginia Code § 4.1-207. 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 pro- mote 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. Farm brewery: An establishment located on one or more lots in Albemarle County licensed as a limited brewery under Virginia Code § 4.1-208. 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. Farm distillery: An establishment located on one or more lots in Albemarle County to which a limited distiller's li- cense is issued under Virginia Code § 4.1-206. Farm distillery event: An event that is not a wedding, a wedding reception, or "other events" as that term is de- fined 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 educa- tional seminars; distilled spirits tasting luncheons, business meetings, and corporate luncheons with a focus on sell- ing 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. FLORA ATTORNEYS IPETTIT AT LAW Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 David H. Pettit Attorney at Law Direct: (434) 817-7972 dhp@fplegal.com April 10, 2023 Re: Oakencroft Holdings LLC Application for Zoning Clearance Dear Sir or Madam: Phone: (434) 979-1400 Fax: (434) 977-5109 53o East Main Street P.O. Box 2057 Charlottesville, Virginia 22902 Enclosed please find Application for Zoning Clearance and our Firm's check in the amount of $61.36 submitted to the County on behalf of our client, Oakencroft Holdings LLC. We are also enclosing herewith drawings showing the location of the Tasting Room and the Center, as well as the entrance onto Garth Road. We appreciate your attention to this matter. Should you have any questions, please do not hesitate to contact me at the email above or on my cell phone at (434) 466-3038. DHP/tlg Enclosures cc: Ms. Dorothy Batten 4871-7102-6524 Very truly yours, a —;�[ P(tq David H. Pettit www.fplegal.com Charlottesville I Harrisonburg Application for Zoning Clearance for EVENTS OR ACTIVITIES AT A FARM WINERY, BREWERY, OR DISTILLERY CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany zoning applications (Home Occupation, Zoning Clearance, Zoning Administra- tor Determinations or Appeals, Sign Permits, Building Permits) if the applicant is not the owner. certify that notice of the application, Application for Zoning Clearance [County application name and number] was provided to Oakencroft Properties LLC the owner of record of Tax Map [name(s) of the record owners of the parcel] and Parcel Number identified below: 59-32 by delivering a copy of the application in the manner X Hand delivering a copy of the application to Dorothy N. Batten, Manager [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on April 10, 2023 Date Mailing a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on to the following address: Date [address; written notice mailed to the owner at the last known address of the owner as shown on the cur- rent real estate tax assessment books or current real estate tax assessment records satisfies this require- ment]. OAKENCROFT HOLDINGS LLC Signature of Appli nt Print Applicant Name 4-- 7—z3 Date Oakencroft Holdings LLC Application for Zoning Clearance Attachment Applicant contemplates conducting the following events and activities at Oakencroft Farm and Winery: 1. Wine tasting and sales, by reservation, Thursday through Saturday, 12:00 pm to 5:00 pm. Days and hours are subject to change. Tasting room capacity is 65 persons indoors and 40 persons outdoors, in season (covered but unconditioned space) 2. Meetings, seminars, workshops, lectures and other educational events focused on sustainable agricultural practices, to be conducted several times per month. Maximum capacity is 50 to 70 persons. 3. Farm visits, nature walks and similar get -back -to -nature events, frequency to be determined. See https://oakencroftfarm.com for more information. CONNECT TO EXISTING 3-BOARD FENCE DEMO EXISTING WIRE FENCE & _ \ REPLACE W/33OARD WOOD FENCE TO MATCH EXISTING • EXISTING WIRE fAR. - PROPOSED SWALE FENCE TO REMAIN PLANTED ISLAND W/ RAISED EXISTING TREES TO REMAIN I PROVIDE TREE PROTECTION FENCING 3 BOARD FENCE COBBLE CURB S APRON, CENTER ON ROAD - COBBLESTONE CURB _ I I' PVC PEDESTRIAN GATE COBBLESTONE CURB MONUMENTSIGN r EXISTING GATE3CATTLEGUARD IDEMOI 'OAKENCROFT'-BY OTHERS DRAIN PIPE COBBLESTONE APRON I o yp EXISTING ROAD EDGE (DEMO) • \ r / / BSCH- 10 PVC PIPE VEHICULAR GATE .p - 4 12" YARD INLET ATRIUM GRATE UP -LIGHTS. / - R 1 \\ _ _ SEE P3.0 COBBLESTONE THRESHOLD ---- 3'PVC CONDUIT W GROUND N PRIME 8 SEAL --'-- I 113 0 ROADWAY _. - �` 1 _ I I 4 O CENTER OF EX. CATTLE GUARD O NE W STORMWATER DETECTION LOOP I I 4 ASPHALT T -400'DOWNROAO I - �•'�� _ _�/r - _ = 1 I ' CALL BOX/KEYPAD / ROADWAY ^ UP -LIGHT - - --_ ill- PIPE W/ RIP RAP I T - W/CAMERA AND 1 y--, SIGN BY OTHER - _ EXISTING SIZE _ m S. o A 1 CH KNOX BO% MAIN ENTRA.CE, RP2.0 GATE - PLAN 1 �4; \�✓:3.,r- - __. - - /) 7 _ 3 BOARD / `"' O r +. .-;.__. - a.... FENCE _ / _ i COA / I SWALE � /r CENTERLINE - -, -'/ � GATE CONTROL BO%�� - -- TECHNOLOGY ULT VDOT STREET SIGN ONE VA , " -- _} ...-...._ L� 'P` 'E'r ��_ 1 ) ORNAMENTAL GALV. 60., c•. 1 STEEL POST EXISTING FENCE TO REMAIN -" 1 z ux A ' I" PVC DRAIN PIPE -COLOR BLACK / C _ _..-.>\. -_ 4 / NEW MAILBOX . ELECTRIC SERVICE FROM OLD / � - - ` .- W/ UPLIGHT HOUSE TRANSFORMER i_ ` SECURITY CAMERA E%ISTING waterstreets:t;F D R A F T prole„wnd,eol cFO; rolec monaper CALDER M. LIEBERTH R j-1 team /1 r + :-'—__.._ ._-_ ..-._/POWERPOLE PARCEL DROP BOX -"--._ / T C \� �r V, EXISTING CEDAR TO REMAIN EXISTING TREES TO REMAIN TO REMAIN - --- "-'--.. 1 � OAKENCROFT RESIDENCE - -PROVIDE TREE PROTECTION C - --- " FENCING 9 DRIP -LINE. TYP. O lenl O1 LAYOUT & MATERIALS PLAN -MAIN ENTRY GATE r �� ALBEMARLE CO.,VA. 22901 ale laawe„ ___ RPI.S SCALE: 1:10 ,n 100%CONSTRUCTION DOCUMENTS MAY 21, 2021I. 1 &22.2022 ENTRY ROAD DESIGN ROAD PLAN 6 — MAIN ENTRANCE r e_ — R P 1.5 FIRST FLOOR PLAN 51—ALE : 1/5" = 1.-O" OPEN TO BELOW SECOND FLOOR PLAN El —ALE: 1/8" = 1'-0" 5CALE : 1/16' = 1'-0" SUTPIM A.RCHITECrURE OAKENCROFT CENTER Albemarle County I Virginia ISSLE DATE: 28 JAN 2020 No. Description 1 2 Dute 04,W/2020 06/25/2020 DRAWN BY. CHECKED BY: LWW PAS/ACS PHASE: CD FLOOR PLAN / ROOF PLAN A101