HomeMy WebLinkAboutZTA200900003 Legacy Document 2009-04-01COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Farm Wineries Zoning Text Amendment
SUBJECT /PROPOSAL /REQUEST:
Resolution of Intent to make County regulations
consistent with the Virginia State Code
STAFF CONTACT(S):
Cilimberg, McCulley, Graham, Kamptner
LEGAL REVIEW: Yes
AGENDA DATE:
2009
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
In 1981, the County adopted amendments to the zoning ordinance establishing a definition and supplementary regulations
for farm wineries, and establishing it as a by -right use in the Rural Areas. Subsequent updates to these zoning provisions
have been adopted over the years since, the last of which occurred in 2001. (See Attachment A) In 2007, the Virginia
General Assembly enacted legislation limiting the extent to which localities, under their zoning powers, may regulate
various uses and activities associated with farm wineries intended to promote the farm winery industry. (See Attachment
B) This new legislation was self- executing and, therefore, did not require that the County amend the zoning ordinance in
order for its requirements to apply in Albemarle County. As explained below, however, staff recommends that the County's
farm winery regulations be amended.
DISCUSSION:
In practice, staff believes the County generally complies with the provisions of the Virginia Code as they pertain to farm
wineries. However, staff also believes that language added in 2007 that stipulates that "(I)ocal restriction ... shall take
into account the economic impact on the farm winery of such restriction and whether such activities and events are
usual and customary for farm wineries throughout the Commonwealth" necessitates more detail be incorporated into
the County's ordinance provisions to assure full consistency with the Virginia Code. Therefore, staff has developed
the attached Resolution of Intent (Attachment C) which authorizes staff to undertake specific ordinance amendments
for this purpose.
As part of the amendment development process, staff proposes to conduct a roundtable discussion of proposed
amendment content with local winery and public interests before finalizing amendment language for Commission
consideration and a public hearing. As has been the case with prior ordinance amendment roundtables, staff will
schedule this for a future date with notification and information provided to these interests well in advance and conduct
the roundtable in a manner that both conveys the proposed ordinance amendment content and allows for questions
and input from those attending. Should the Planning Commission wish to participate in this roundtable, staff should be
advised so that can be factored into the scheduling.
BUDGET IMPACT:
No direct impacts are anticipated, although amendments that better define allowed uses and activities at farm wineries
consistent with the Virginia Code should enable local winery and public interests a clearer understanding of what is
allowed and result in fewer questions of staff and greater efficiencies in use determinations, zoning clearances and
enforcement.
RECOMMENDATIONS:
Staff recommends approval of the attached Resolution of Intent. (See Attachment C) Staff recommends then proceeding
to a roundtable discussion of proposed amendment content with local winery and public interests. Staff asks that the
Commission advise if it wishes to participate in the roundtable.
ATTACHMENTS:
ATTACHMENT A: Albemarle County Zoning Ordinance excerpts regarding farm wineries
ATTACHMENT B: Section 15.2- 2288.3 of the Virginia Code
ATTACHMENT C: Resolution of Intent