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HomeMy WebLinkAboutZTA200900003 Legacy Document 2009-04-08COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Farm Wineries Zoning Text Amendment SUBJECTIPROPOSAUREQUEST: 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: April 14, 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 ATTACHMENT A CHAPTER 18. ZONING SECTION 3. DEFINITIONS SECTION 3.1 DEFINITIONS Farm Winery: An establishment located on a farm with a producing vineyard, orchard or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine from fresh fruits or other agricultural products predominantly grown or produced on such farm or from fruits, fruit juices or other agricultural products grown or produced elsewhere. (Added 12-46-81) SECTION 5. SUPPLEMENTARY REGULATIONS SECTION 5.1.25 FARM WINERY Each farm winery shall be subject to the following: a. The owner shall obtain a farm winery license from the State Alcoholic Beverage Control Board. At least fifty -one (5 1) percent of the fresh fruits or agricultural products used by the owner to manufacture the wine shall be grown or produced on the farm, unless the State Alcoholic Beverage Control Board waives such requirement; (Added 4 -1 -98) b. Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or other growing area has been established and is in production; (Added 12- 16 -81) c. The following uses and activities are permitted at a farm winery with the prior approval of a site plan as provided in subsection (d). Special events and festivals are also subject to the additional requirements set forth in subsection (e): (Added 4 -1 -98) 1. On premise sale of wine and wine consumption. One location may be established on each farm for the on- premise sale of wine and wine consumption. The aggregate total floor area for such sales and consumption shall not exceed fifteen hundred (1,500) square feet. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the aggregate floor area to exceed fifteen hundred (1,500) square feet; (Added 12- 16 -81, Amended 1 -1 -84, Amended 4 -1 -98) 2. Daily tours. Daily tours of a farm winery shall be permitted; (Added 1 -1 -84, Amended 4 -1 -98) 3. Special events. Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at a farm winery on a single day for which attendance is allowed only by invitation or reservation and whose participants do not exceed one hundred fifty (150) persons; special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and other events conducted for the purpose of marketing wine. A special use pen-nit issued pursuant to section 31.2.4 of this chapter may authorize the number of special events per year to exceed twelve (12), or the number of allowed participants at any event to exceed one hundred fifty (150), or both; (Added 4 -1 -98) 4. Festivals. Festivals shall be permitted up to four (4) times per year. For purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (Added 4 -1 -98) d. A use or activity identified in subsection (c) is authorized only with the prior approval of a site plan. Prior to approval of the site plan, the owner shall obtain from the Virginia Department of Transportation approval of a commercial entrance to the farm winery, and any required approval from the local office of the Virginia Department of Health. If a site plan waiver is requested, particular consideration shall be given to provisions for safe and convenient access, parking, ATTACHMENT A outdoor lighting, signs and potential adverse impacts to adjoining property, and reasonable standards and conditions may be imposed as conditions of such waiver; (Added 4 -1 -98) e. Special events and festivals shall be also subject to the following: (Added 4 -1 -98) 1. The owner shall obtain a zoning clearance prior to conducting a festival at which more than one hundred fifty (150) persons will be allowed to attend. A single zoning clearance may be obtained for one (1) or more such festivals as provided herein: (Added 4 -1 -98) a. The owner shall apply for a zoning clearance at least thirty (30) days prior to the date of the first festival to be authorized by the zoning clearance. The application shall be submitted to the zoning administrator, who shall forward copies of the application to the county police department, the county fire and rescue division, and the local office of the Virginia Department of Health; (Added 4 -1 -98) b. The application shall describe the nature of each festival to be authorized by the zoning clearance, the date or dates and hours of operation of each such festival, the facilities, buildings and structures to be used, and the number of participants allowed to attend each festival; (Added 4 -1 -98) C. Upon a determination that all requirements of the zoning ordinance are satisfied and upon receiving approval, and any conditions of such approval, from the other county offices receiving copies of the application, the zoning administrator shall issue a zoning clearance for one or more festivals. The zoning clearance shall be conditional upon the owner's compliance with all requirements of the zoning ordinance and all conditions imposed by the zoning clearance; (Added 4- 1-98) d. The zoning administrator may issue a single zoning clearance for two (2) or more festivals if-. (i) the application submitted by the owner includes the required information for each festival to be covered by the zoning clearance: (ii) the zoning administrator determines that each such festival is substantially similar in nature and size; and (iii) the zoning administrator determines that a single set of conditions that would apply to each such festival may be imposed with the zoning clearance. (Added 4 -1 -98) 2. No kitchen facility permitted by the Health Department as a commercial kitchen shall be allowed on the farm. A kitchen may be used by licensed caterers for the handling, warming and distribution of food, but not for cooking food, to be served at such special event or festival; (Added 4 -1 -98) 3. An outdoor amplified sound system shall be prohibited; (Added 4 -1 -98) 4. (Added 4 -1 -98; Repealed 10 -3 -01) (§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01) 2 ATTACHMENT B § 15.2- 2288.3. Licensed farm wineries; local regulation of certain activities. A. It is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine industry while maintaining appropriate land use authority to protect the health, safety, and welfare of the citizens of the Commonwealth, and to permit the reasonable expectation of uses in specific zoning categories. Local restriction upon such activities and events of farm wineries licensed in accordance with Title 4.1 to market and sell their products shall be reasonable and 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. Usual and customary activities and events at farm wineries shall be permitted without local regulation unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at farm wineries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at a farm winery, the locality shall consider the effect on adjacent property owners and nearby residents. B, C. — Expired.] D. No locality may treat private personal gatherings held by the owner of a licensed farm winery who resides at the farm winery or on property adjacent thereto that is owned or controlled by such owner at which gatherings wine is not sold or marketed and for which no consideration is received by the farm winery or its agents differently from private personal gatherings by other citizens. E. No locality shall regulate any of the following activities of a farm winery licensed in accordance with subdivision 5 of § 4.1 -207: 1. The production and harvesting of fruit and other agricultural products and the manufacturing of wine; 2. The on- premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery; 3. The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and 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, regulations of the Alcoholic Beverage Control Board, and federal law; 5. The storage, warehousing, and wholesaling of wine in accordance with Title 4. 1, regulations of the Alcoholic Beverage Control Board, and federal law; or 6. The sale of wine - related items that are incidental to the sale of wine. (2006, c. 794; 2007, cc. 611, 657.) ATTACHMENT C RESOLUTION OF INTENT WHEREAS, the General Assembly has recently established in Virginia Code § 15.2- 2288.3 limitations on 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; and WHEREAS, although the County complies with Virginia Code § 15.2- 2288.3 in practice, it is desired to amend the Albemarle County Zoning Ordinance so that its farm winery regulations are consistent with Virginia Code § 15.2- 2288.3 in order to promote the efficient and effective administration of the County's zoning regulations. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to amend Zoning Ordinance §§ 3.1, 5.1.25, 10.2.2, and any other appropriate sections of the Albemarle County Zoning Ordinance to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.