HomeMy WebLinkAboutZTA201500002 Staff Report 2015-03-17COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: Resolution of Intent to Amend the
Zoning Ordinance to Address State Code Changes
& to Make Minor Technical Changes
SUBJECT /PROPOSAL /REQUEST: Resolution of
Intent to Amend the Zoning Ordinance to Address
State Code Changes & to Make Minor Technical
Changes
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Greg Kamptner
AGENDA DATE: March 17, 2015
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: Two General Assembly bills, SB 1272 and HB 1849, if signed by the Governor, will be enacted into
State legislation effective July 1, 2015. SB 1272 would limit localities' ability to regulate activities associated with limited
(agricultural) distilleries similar to the provisions for farm wineries adopted by the General Assembly in 2007 and
codified in Virginia Code § 15.2- 2288.3, and the provisions for farm breweries adopted in 2014 and codified in Virginia
Code § 15.2- 2288.3:1. HB 1849 would alter criteria relating to variances and appeals as well as revise proceedings
before the Board of Zoning Appeals.
In order to ensure compliance with State law once the legislation takes effect, the County's regulations will need to be
modified. While amending the Zoning Ordinance to incorporate the requirements of new legislation, staff will utilize this
opportunity to clarify requirements, update references to other laws, standardize terminology, and make other minor
technical changes, to promote the efficient and effective administration of the County's zoning regulations. The
attached Resolutions of Intent would authorize staff to undertake specific ordinance amendments for this purpose
(Attachments A & B).
DISCUSSION:
Agricultural Distilleries
Under the County's current regulations, farm wineries and farm breweries are by right uses in the Rural Area and may
engage in a wide range of usual and customary activities by right. A special use permit is required for events
exceeding 200 attendees and a zoning clearance is required for outdoor amplified music at any farm brewery or farm
winery established on or after November 12, 2014. In order to ensure consistent regulatory treatment of these similar
uses, staff will consider extending similar provisions to agricultural distilleries. Staff will return to the Commission in a
work session to discuss the proposed amendments.
Variances, Appeals & BZA Process
There are several amendments to the Virginia Code that relate to variances, appeals and proceedings before the
Board of Zoning Appeals. While codifying the requirements of Sections 15.2 -2201, 15.2 -2308 and 15.2 -2314, staff
recommends utilizing this opportunity to make other minor administrative updates to related Zoning Ordinance
sections. Without the resources for a complete recodification effort, staff uses the zoning text amendment process to
update, correct and clarify within and surrounding the zoning regulations targeted for amendment. Staff will return to
the Commission in work session to discuss the proposed amendments.
RECOMMENDATION: Staff recommends that the Planning Commission adopt each of the attached Resolutions of
Intent and direct staff to schedule the zoning text amendments for work session.
ATTACHMENTS:
Attachment A: Resolution of intent to Address Agricultural Distilleries
Attachment B: Resolution of intent to Address Variances, Appeals & BZA Process
ATTACHMENT C
State Code exempts from local regulation
t Subject to consideration of economic impact, the agricultural nature of the activity & whether or not activity is usual & customary
° For events associated with multiple ABC licenses, multiple weddings & wedding receptions, or other unclassified usual & customary activities with attendance under 200
MEN
-s-
By -right
By -right with
Special Use
By -right
By -right with
Special Use Permit
Zoning
Permit
Zoning Clearance
Clearance
Farm
Production,
Outdoor amplified
Events or activities
Production,
Outdoor amplified
Events or activities
Wineries
harvesting,
music
> 200 attendees at
harvesting, storage,
music (wineries
with cumulative
storage, sales,
(wineries
any time
sales, tasting'
established on or
attendance°
tasting'
established on or
after November 12,
> 200 at any timet
after November
Events or activities <-
2014)
Events or activities
12, 2014)
200 attendees at any
<_ 200 attendees at
time
any time
Farm
Production,
Outdoor amplified
Events or activities
Production,
Outdoor amplified
Events or activities
Breweries
harvesting,
music
> 200 attendees at
harvesting, storage,
music
with cumulative
storage, sales,
any time
sales, tasting"
attendance'
tasting"
Events or activities
> 200 at any timet
Events or activities
generating either >
Events or activities
generating <_ 50
50 vehicle trips per
<_ 200 attendees at
vehicle trips per day
day or occurring on
any time
and occurring on sites
sites < 21 acres in
>_ 21 acres in Bizet
sizet
Farm
Production,
Outdoor amplified
Events or activities
Distilleries
harvesting, storage,
music
with cumulative
sales, tasting"
attendance'
Events or activities
> 200 at any time t
Events or activities
generating either >
generating <_ 50
50 vehicle trips per
vehicle trips per day
day or occurring on
and occurring on sites
sites < 21 acres in
21 acres in Bizet
sizet
State Code exempts from local regulation
t Subject to consideration of economic impact, the agricultural nature of the activity & whether or not activity is usual & customary
° For events associated with multiple ABC licenses, multiple weddings & wedding receptions, or other unclassified usual & customary activities with attendance under 200