Loading...
HomeMy WebLinkAboutZTA201400001 Executive Summary Zoning Tex Amendment 2014-10-23COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2014 -1 Agricultural Operations and Farm Breweries SUBJECT /PROPOSAL /REQUEST: Work Session to Discuss Zoning Ordinance Amendment to Address State Code Requirements for Farms and Farm Breweries STAFF CONTACT(S): Davis, Kamptner, Cilimberg, McCulley, MacCall, Burbage PRESENTER (S): Amanda Burbage LEGAL REVIEW: Yes AGENDA DATE: September 3, 2014 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On July 1, 2014, State legislation became effective limiting a locality's ability to regulate certain classes of activities associated with bona fide agricultural operations and farm breweries. Attachment A provides the complete background leading to the Planning Commission's July 15, 2014 public hearing on zoning text amendments intended to address this State legislation. On July 15, following its public hearing, the Commission recommended adoption of the zoning text amendments with the following changes (see Attachment B for July 15 staff report) related to events and activities at agricultural operations: In Section 3.1, Definitions, cap number of days that an agricultural operation event can take place — change wording from "one or more days" to "up to three consecutive days." (incorporated into current draft) Increase to 21 acres the threshold below which a zoning clearance would be required for an agricultural operation to engage in events, agritourism activities or onsite retail sales. (incorporated into current draft) In Section 3.1, Definitions, add "water runoff and excessive soil compaction" to the list of impacts in the definition of "substantial impacts." (incorporated into current draft) In Section 5.1.58(a), Purpose and intent, reflect the Comprehensive Plan's Rural Area values of "protecting natural resources and open space." (incorporated into current draft) On page 13 in Section 5.1.58(d), add consideration of "environmental impacts" as part of the zoning clearance review process. (incorporated into current draft) STRATEGIC PLAN: Goal 3. Encourage a diverse and vibrant local economy. Goal 4. Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies. Goal 5. Ensure the health and safety of the community. DISCUSSION: The proposed ordinance, with staff comments incorporated, can be found in Attachment C. A table comparing the current and proposed regulations is provided in Attachment D. The State legislation allows localities to regulate a wide range of events and activities at agricultural operations and farm breweries only if there is a substantial impact on the health, safety or welfare of the public. The State legislation pertaining to farm breweries is virtually identical to the State legislation for farm wineries, and the Planning Commission has recommended that farm breweries be regulated the same way farm wineries are regulated. The State legislation for events and activities at agricultural operations is different, and may have different impacts than farm wineries and farm breweries, and three "substantial impact" thresholds have been developed for the proposed ordinance. At the September 3 work session, staff requests the Board's feedback on the following focused issues pertaining to the proposed ordinance: AGENDA TITLE: ZTA 2014 -1 Agricultural Operations and Farm Breweries September 3, 2014 Page 2 1) 50 Vehicle Trips per Day Threshold This threshold for an event or activity at an agricultural operation to be causing a substantial impact is based upon VDOT's moderate volume commercial entrance standard for establishments generating more than 50 vehicle trips per day (25 cars entering and leaving the site). Moderate volume commercial entrances are subject to certain design standards as well as sight distance and access management requirements. In the proposed ordinance, agritourism activities, retail sales or events generating over 50 vehicle trips per day, regardless of lot size, would require a zoning clearance, ensuring administrative review of events or activities with potential for traffic impacts. Staff received feedback from the local Farm Bureau that this standard may be excessive for infrequent educational activities that are commonplace at some farms, such as school field trips or farm tours. In response to this concern, the proposed draft includes a provision exempting up to four (4) educational programs, workshops or demonstrations related to agriculture per calendar year and up to four (4) farm tours per calendar year from the zoning clearance requirement, regardless of vehicle trips generated or the size of the site. Activities or events generating more than 200 attendees at any time would still require a special use permit. 2) Minimum Acreage Threshold To address concerns about the impact of events and activities occurring on smaller sites, staff recommended that agricultural operations located on sites less than five (5) acres be required to obtain a zoning clearance before hosting events, agritourism activities, or on -site retail sales. The five acre threshold was based upon the minimum acreage required to be considered for agricultural land use taxation and is a standard used by other localities for regulating activities and events related to agriculture. At the Planning Commission's public hearing on the ordinance, some Commissioners expressed concern about having no administrative review process in place for activities or events occurring on small farms larger than 5 acres. As a result, the Commission recommended 21 acres as an alternative minimum threshold based upon the Comprehensive Plan's stated goal of preserving lots 21 acres or larger for agriculture. Staff notes that as the Board considers which minimum acreage threshold is most appropriate, it should be considered in the context of the proposed substantial impact threshold for activities generating more than 50 vehicle trips per day regardless of site acreage, as well as the proposed noise and setback regulations intended to address potential impacts associated with these activities. 3) Verifying that Agriculture is Bona Fide The State legislation allows a wide range of activities and events at agricultural operations. "Agricultural operations" are defined by State law to mean "any operation devoted to the bona fide production of crops, or animals, or fowl..." The proposed ordinance defines the underlined phrase in Section 3.1. The purpose of this definition is to ensure that agricultural operations are engaged in agriculture in good faith and not merely to be eligible to host activities and events. The proposed ordinance requires that in order to host activities or events, agriculture must be a rip mart/ use of a site (translating the common meaning of "devoted" into the zoning context), and any activity or event must be subordinate to that agricultural use. To ensure that agriculture is a primary use of the property, the ordinance identifies several factors that can be considered and/ or evaluated, as necessary: Whether the property qualifies for use value taxation because it is used for agriculture, silviculture or horticulture The acreage devoted to agricultural production The proportion of capital investment in the site, operating expenses and labor The factors listed are not exclusive, and any other relevant factors also may be considered. BUDGET IMPACT: There is potential for an increase in staff time devoted to review of zoning clearance and special use permit applications associated with this amendment. RECOMMENDATIONS: Staff recommends that the Board provide guidance on the three focused issues identified in this executive summary and direct staff to schedule the zoning text amendment for public hearing. ATTACHMENTS: Attachment A: Planning Commission Minutes [work sessions and public hearing] — March 25, April 16 May 13, June 24 and July 15, 2014 Attachment B: July 15, 2014 Staff Report Attachment C: Draft Ordinance with staff comments Attachment D: Current & Proposed Regulations COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2014 -1 Agricultural Operations and Farm Breweries SUBJECT /PROPOSAL /REQUEST: Adoption of a Zoning Ordinance Amendment to address State Code requirements for farms and farm breweries STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Cilimberg, MacCall, Burbage PRESENTER (S): Amanda Burbage LEGAL REVIEW: Yes AGENDA DATE: November 12, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On July 1, 2014, State legislation became effective limiting a locality's ability to regulate certain classes of activities associated with bona fide agricultural operations and farm breweries. Attachment D provides the complete background leading to the Planning Commission's July 15, 2014 public hearing and recommendation to adopt a Zoning Ordinance amendment to address this State legislation. On September 3, 2014, the Board held a work session on the recommended ordinance amendment (see Attachment C). STRATEGIC PLAN: Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroads communities, and protected scenic areas, historic sites, and biodiversity. DISCUSSION: At its September 3rd work session, the Board provided feedback on three focused issues. The following identifies each issue, Board direction and, where appropriate, additional staff information in response: 1) A 50 vehicle trips per day threshold for establishing substantial impact Staff and the Planning Commission recommend including a vehicle trips threshold due to concerns regarding the potential for traffic generation associated with events and activities and to ensure that farm entrances conform to VDOT standards. The VDOT standards require a moderate volume commercial entrance (minimum standards for entrance throat, radii, angle of entrance, minimum and maximum entrance width) for land uses generating over 50 vehicle trips per day in addition to satisfying sight distance and access management requirements. This threshold remains in the proposed ordinance. 2) A minimum acreage threshold for establishing substantial impact The Board supported the 21 -acre minimum threshold recommended by the Planning Commission, below which a zoning clearance would be required to host events or activities at an agricultural operation. 3) Factors to be considered in establishing whether or not agriculture is a bona fide use of the property Staff has revised the factors to add those that the Board asked to be considered when determining whether or not an agricultural operation is bona fide, including federal tax forms pertaining to farm income, receipts showing gross sales over a three year period, the proportion of a lot's acreage in agricultural production, and agricultural census data. Attachment A is the revised Zoning Ordinance amendment. Attachment B provides staff's comments to each section of the draft ordinance. Key changes to the ordinance since the Board's September 3rd work session are also highlighted in the comments. The key provisions of the ordinance include: Definitions for agricultural operation; agricultural operation event; agricultural products; devoted to the bonafide production of animals, crops or fowl; farm brewery; farm brewery event; farm tour; production agriculture and silviculture; substantial impact; and usual and customary use, event, or activity AGENDA TITLE: ZTA 2014 -1 Agricultural Operations and Farm Breweries November 12, 2014 Page 2 For the regulations pertaining to events and activities at agricultural operations, a purpose and intent section is provided to identify the comprehensive plan's stated goals for the Rural Area and the proposed regulations' consistency with those goals A zoning clearance requirement for outdoor amplified music at agricultural operations, farm breweries and new farm wineries to verify that sound equipment will comply with the County's noise regulations Zoning clearance provisions for events and activities at agricultural operations, including verification of compliance with VDOT entrance standards and Health Department requirements, adequate emergency vehicle access, setbacks, parking requirements, and environmental standards outlined in the Water Protection Ordinance Increased setbacks for outdoor activity areas, parking, and portable toilets (75 feet from property line, 125 feet from an adjoining residence) The provisions for farm wineries, farm breweries and agricultural operations are summarized in the text and tables below. Farm Wineries and Breweries Farm breweries and farm wineries will be regulated similarly. New farm wineries and all farm breweries will be required to obtain a zoning clearance before having outdoor amplified music. Only one zoning clearance would be required and would apply to any future event on the property. Existing farm wineries would be exempt from the zoning clearance requirement. Events and Activities at Agricultural Operations While agricultural operations, including all aspects of production and harvesting, will remain a by -right activity in the Rural Areas and will not be affected by this ordinance, certain activities and events at agricultural operations would be regulated under the proposed ordinance based on the following thresholds, at which substantial impacts on public health, safety or welfare have been identified. By-right By-right with Zoning Clearance Special Use Permit Farm Breweries Production, harvesting, storage, Outdoor amplified music Events > 200 attendees at any Agricultural Operations sales, tasting, agritourism activities time Events < 200 attendees at any time Agritourism, events" or retail sales Events" or activities (including Farm Wineries Production, harvesting, storage, Outdoor amplified music Events > 200 attendees at any sales, tasting, agritourism activities (new establishments) time Events < 200 attendees at any time < 21 acres in size agriculture or silviculture) with > Events and Activities at Agricultural Operations While agricultural operations, including all aspects of production and harvesting, will remain a by -right activity in the Rural Areas and will not be affected by this ordinance, certain activities and events at agricultural operations would be regulated under the proposed ordinance based on the following thresholds, at which substantial impacts on public health, safety or welfare have been identified. " Events not deemed to be usual and customary at Virginia agricultural operations would be subject to the special events regulations outlined in Section 5.1.43 of the Zoning Ordinance. "" The term "site" means one or more abutting lots under the same ownership on which the agricultural operation and the event or activity is located. BUDGET IMPACT: There is potential for an increase in staff time devoted to review of zoning clearance and special use permit applications associated with this Zoning Ordinance amendment. By-right By-right Zoning Clearance Special Events and Activities at Harvest- your -own activities with Outdoor amplified music Structures for farm sales Agricultural Operations > 4,000 sf Agritourism, events" or retail sales Agritourism, events" or retail sales Events" or activities (including generating < 50 vehicle trips per day generating either > 50 vehicle trips educational programs, workshops and occurring on sites "" >_ 21 acres per day or occurring on sites "" or demonstrations related to in size < 21 acres in size agriculture or silviculture) with > Up to 4 farm tours per year with < 200 attendees at any time > 4 farm tours per year and farm tours with > 200 attendees at any 200 attendees at any time or > 24 events of any size/ year Up to 4 educational programs, work- time shops, or demonstrations related to > 4 educational programs, agriculture or silviculture per year workshops or demonstrations with < 200 attendees at any time related to agriculture or silviculture with < 200 attendees at any time Structures for farm sales <_ 4,000 sf " Events not deemed to be usual and customary at Virginia agricultural operations would be subject to the special events regulations outlined in Section 5.1.43 of the Zoning Ordinance. "" The term "site" means one or more abutting lots under the same ownership on which the agricultural operation and the event or activity is located. BUDGET IMPACT: There is potential for an increase in staff time devoted to review of zoning clearance and special use permit applications associated with this Zoning Ordinance amendment. AGENDA TITLE: ZTA 2014 -1 Agricultural Operations and Farm Breweries November 12, 2014 Page 3 RECOMMENDATIONS: Staff recommends that, after the public hearing, the Board adopt the attached draft Zoning Ordinance Amendment (Attachment A). ATTACHMENTS: Attachment A — Draft Ordinance — clean version for adoption Attachment B — Draft Ordinance with staff comments Attachment C — September 3, 2014 BOS Work Session Executive Summary Attachment D — PC Minutes —.March 25, 2014, April 16, 2014, May 13, 2014, June 24, 2014, and July 15, 2014 Return to aaenda