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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
September 4, 2014
Grant Bates
Kiwi Consultants, Ltd
PO BOX 8011
Charlottesville VA 22906
RE: LZC2014 -00033 TMP 11200 -00 -00 -01900 VIRGINIA WINEWORKS LLC, 1781 HARRIS
CREEK WAY CHARLOTTESVILLE VA 22902 (the "Property ")
Dear Mr. Bates:
In response to your request for a Letter of Zoning Compliance for the above referenced
Property, please be advised of the following:
• The Property is located in the County of Albemarle, and is zoned RA, Rural Areas.
• There is no pending application for re- zoning, special use permit or variance in connection
with the Property.
• The Property is not presently in violation of any zoning ordinance regulations, including
setbacks, density, parking and height of structures. There is no record of any pending
zoning violations having been filed with respect to the Property and no knowledge of any
violations of the applicable portions of the zoning ordinance.
• The Property is licensed as a farm winery under Virginia Code. There are no other zoning
approvals or license requirements which a purchaser must obtain from Albemarle County
before they may acquire the Property or before the Property may continue to be used as a
farm winery. There are supplemental regulations that apply to all farm wineries in Albemarle
County (see attachment). As noted above there is nothing that has been found that would
indicate that the Property is in violation of these supplemental regulations.
Please contact me if you have questions or require additional information.
Sincere)
Francis H. MacCall
Principal Planner
Designee to the Zoning Administrator
Attachments: Zoning Map, Zoning Ordinance Section 5.1.25
Michael Shaps
1781 Harris Creek Way
Charlottesville VA 22902
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 25, 2014
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ALBEMARLE COUNTY CODE
c. In approval of any retail sales area the board and/or the commission may limit the areas for
retail sales in both size and location;
d. Retail sales area exceeding fifteen (15) percent of the floor area of the main use pursuant to
section 27.2.2.13 is intended to allow for uses which by their nature are bulky and require
nonintensive use of the land. The board and/or the commission in approval of such increased
sales area shall be mindful of the intent of this section to provide for only subordinate retail
sales and avoid incompatible land uses.
(§ 5.1.24, 12 -2 -81; 2- 20 -91)
5.1.25 FARM WINERY
Each farm winery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses ")
are permitted at a farm winery:
1. The production and harvesting of fruit and other agricultural products and the
manufacturing of wine including, but not limited to, activities related to the production of
the agricultural products used in wine, including but not limited to, growing, planting and
harvesting the agricultural products and the use of equipment for those activities.
2. The sale, tasting, including barrel tastings, or consumption of wine within the normal
course of business of the farm winery.
3. The direct sale and shipment of wine by common carrier to consumers in accordance with
Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control
Board.
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed
wholesalers, and out -of -state purchasers in accordance with Title 4.1 of the Virginia
Code, regulations of the Alcoholic Beverage Control Board, and federal law.
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the
Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.
6. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that wine is
not sold or marketed and for which no consideration is received by the farm winery or its
agents.
b. Agritourism uses or wine sales related uses. The following uses are permitted at a farm winery,
provided they are related to agritourism or wine sales:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
2. Farm winery events at which not more than two hundred (200) persons are in attendance
at any time.
3. Guest winemakers and trade accommodations of invited guests at a farm winery owner's
private residence at the farm winery.
4. Hayrides.
5. Kitchen and catering activities related to a use at the farm winery.
6. Picnics, either self - provided or available to be purchased at the farm winery.
18 -5 -12
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
7. Providing finger foods, soups and appetizers for visitors.
8. Sale of wine - related items that are incidental to the sale of wine including, but not limited
to the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
9. Tours of the farm winery, including the vineyard.
10. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time.
11. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm wineries throughout the Commonwealth, which do not create a substantial impact
on the health, safety or welfare of the public, and at which not more than two hundred
(200) persons are in attendance at any time.
C. Agritourism uses or wine sales related uses; more than 200 person at any time; special use permit.
The following uses, at which more than two hundred (200) persons will be allowed to attend at any
time, are permitted at a farm winery with a special use permit, provided they are related to
agritourism or wine sales:
Farm winery events.
2. Weddings and wedding receptions.
Other uses not expressly authorized that are agritourism uses or wine sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth.
d. 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 31.6.2, each application for one or more uses authorized under section 5.1.25(c) 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 adjoining property will be mitigated so they are not substantial.
e. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be
subject to section 4.18, shall not exceed the applicable maximum sound levels in section 4.18.04,
and shall not be deemed to be an exempt sound under section 4.18.05(J).
f. Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear yard
requirements in section 10.4 shall apply to all primary and accessory structures established after
May 5, 2010 and to all tents, off - street parking areas and portable toilets used in whole or in part
to serve any use permitted at a farm winery, provided that the zoning administrator may reduce the
minimum required yard upon finding that: (i) there is no detriment to the abutting lot; (ii) there is
18 -5 -13
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
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.
g. Uses prohibited. The following uses are prohibited:
Restaurants.
2. Helicopter rides.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98-20(t),4-1-98; Ord. 01- 18(6), 10 -3 -01; Ord. 10- 18(3), 5 -5 -10; Ord. 11-
18(3), 3 -9 -11)
5.1.26 HYDROELECTRIC POWER GENERATION
a. These provisions are intended to encourage the use of water power as a natural and
replenishable resource for the generation of electrical power. While serving energy
conservation and natural resource goals, these provisions are also intended to limit such use so
as: not to be objectionable in the area in which it is located; not to unreasonably interfere
with the passage of boats, canoes, fish and other aquatic life; not to unreasonably degrade the
riverine and aquatic habitat or water quality, in general;
b. The applicant shall submit with his application for special use permit, plans, profiles, studies
and other supporting information addressing the issues in (a) above. No such application shall
be approved until comment and recommendation has been received from the State Water
Control Board, the Commission of Game and Inland Fisheries, and other appropriate federal,
state and local agencies;
c. Whether or not a site development plan is required, the applicant shall submit to the county
engineer a certified engineer's report as described in section 4.14.8. In review of such report,
the county engineer shall be particularly mindful of the requirements of section 4.14.1, noise,
and section 4.14.7, electrical interference;
d. Except as specifically permitted in a particular case, no auxiliary or accessory method of
power generation shall be permitted nor shall any pump storage or rechannelization be
permitted.
(§ 5.1.26,4-28-82)
5.1.27 TEMPORARY EVENTS SPONSORED BY LOCAL NONPROFIT ORGANIZATIONS
This provision is intended to regulate for purposes of public health, safety and welfare, major
events such as agricultural expositions, concerts, craft fairs, and similar activities which generally:
attract large numbers of patrons; may be disruptive of the area; and occasion the need for planning
in regard to traffic control, emergency vehicular access, health concerns and the like. The
provision is not intended to regulate such minor events as church bazaars, yard sales, bake sales,
car washes, picnics and the like which generally are not disruptive of the area and require only
minimal logistical planning; nor is it intended to permit permanent amusement facilities. Each
such event shall be sponsored by one or more not - for - profit organizations operating primarily in
the county and /or the city of Charlottesville.
No event shall extend for a period longer than that provided by the board of supervisors in the
conditions of the special use permit. A separate special use permit shall be required for each
event.
Special use permits may be issued by the board of supervisors pursuant to this section, upon
finding:
18 -5 -14
Zoning Supplement #78, 4 -3 -13