HomeMy WebLinkAboutZTA200900018 Legacy Document 2010-01-13� IRG1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2009 -018 Farm Stands
Farm Sales, Farmers Markets
SUBJECT /PROPOSAL /REQUEST:
Work Session - Review and Discussion of New
Provisions for the Sale of Locally Grown Agricultural
Produce and Merchandise
STAFF: McCulley, Newberry, Cilimberg, McDowell
and Kamptner
PLANNING COMMISSION DATE: January 19,
2010
BACKGROUND: The limitations of the current Zoning Ordinance provisions for the sale of locally grown agricultural
produce were brought to the Board's attention as a result of a recent zoning complaint regarding the off -site sale of farm
products at the intersection of Garth Road and Free Union Road. As a result, the Board adopted a resolution of intent at
their meeting on October 7, 2009 (Attachment A).
The intent of this amendment is to provide additional markets for the sale of local agricultural products and merchandise,
while meeting basic technical requirements to assure public health and safety. The current regulations pertaining to the
sale of farm products in the Rural Areas pre -date the adoption of the Rural Areas Plan in 2005. Two of the guiding
elements of the County's vision for rural Albemarle County, as expressed in the Rural Areas Plan are: "A strong
agricultural and forestall economy, with large unfragmented parcels of land on which to produce their goods, opportunities
to gain value from processing their own produce and access to local markets" and "Plans, policies and decision - making
that consider and protect the rural economies and ecological processes." One of the guiding principles of the Rural Areas
Plan is to "Provide support to local and agricultural and forestall economies and connect local producers and consumers
of local rural products."
On December 10`h, staff held a public roundtable to solicit input after providing a draft proposal and focus questions for
discussion. Attachment B provides a brief summary of comments received from various interests at the roundtable.
Since that time, staff has incorporated several fairly significant revisions to the proposal which are responsive to the
comments received at the roundtable. Revisions made by staff since the roundtable are listed in Attachment C.
DISCUSSION: (Please refer to Attachment D: Chart Showing Overall Changes — Current to Proposed)
The proposed amendments establish three (3) distinct uses to permit the sale of local agricultural products and
merchandise. The term "agricultural product" is intentionally very broad and includes meat, eggs and other products. The
term "agricultural merchandise" includes value -added products which are made from raw agricultural products, such as
jelly, salsa, hummus and the like. In summary, the three uses for the sale of agricultural product and merchandise are:
1. Farm Stand: (By -right in Rural Areas (RA), Monticello Historic District (MHD) and Village Residential (VR)) Off -
site sale of local agricultural products and merchandise (grown in abutting localities with no subordinate sales) for
an owner / leasee of farmland in Albemarle County. This expansion of the "wayside stand" will permit off -site
sales as a by -right use, something that is not currently permitted in these districts, except within a country store.
It also expands the use from the sale of produce grown exclusively in Albemarle to now include produce grown in
abutting localities. This farm stand provision increases the maximum size allowances of a wayside stand from
600 to 1500 square feet for new permanent structures while eliminating any size limitations on a) temporary
structures such as tents or b) area within existing buildings;
2. Farm Sales: (By -right in RA, MHD and VR) On -site sale of agricultural products and merchandise, with
subordinate sales of non - agricultural merchandise. This changes the use from one by special use permit to a use
by -right and expands it into the VR district. This farm sales provision also increases the maximum size of new
attachment
RESOLUTION OF INTENT
Page 1 of 1
_—.WHEREAS, two.of_the guiding elements of the County's vision..for rural. Albemarle County,-as expressed------ - - --
in the Comprehensive Plan's Rural Areas Plan, are; "A strong agricultural and forestal economy, with large
unfragmented parcels of land on which to produce their goods, opportunities to gain value from processing their
own produce, and access to local markets" and "Plans, policies and decision making that consider and protect
rural economies and ecological processes "; and
WHEREAS, one of the guiding principles of the Comprehensive Plan's Rural Areas Plan is to "Provide
support to local and agricultural and forestal economies and connect local producers and consumers of local rural
products "; and
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to expand the opportunities
for the sale of local farm products.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Board of Supervisors hereby adopts a resolution of intent to amend
Zoning Ordinance §§ 4, 5 and 10 and any other sections of the Zoning Ordinance determined to be appropriate 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.
Return to exec summary
ATTACHMENT A
file: / /C: \Documents and Settings \jnewberry \Desktop \attachment.htm 1/11/2010
permanent structures from 1500 to 4000 square feet while eliminating any size limitations on a) temporary
structures such as tents or b) area within existing buildings;
3. Farmer's Market: (By -right in Planned Unit Development Commercial (PUD -C), Planned Development Shopping
Center (PDSC), Planned Development Mixed Commercial (PDMC), Highway Commercial (HC), Commercial (Cl),
Downtown Crozet District (DCD), Neighborhood Model District (NMD), Commercial Office (CO), Light Industry (LI)
and By SP in RA, MHD, VR and Residential Districts) Exterior sales (and /or interior sales within existing building)
by one or more farmers for off -site sales of agricultural products and merchandise, with subordinate sales of non-
agricultural merchandise. This adds the use by -right in the NMD, CO and LI districts and by SP in MHD, VR and
Residential districts.
In an effort to meet Comprehensive Plan goals of providing for and promoting these uses, the typical Ordinance
requirements for a commercial use are being minimized to include only those that are necessary to meet State
requirements and to serve public health and safety. The technical requirements to be met for all of these uses
include:
• VDOT approval of the entrance — a State requirement;
• Health Department approval (when applicable) — a State requirement;
• Provision of parking spaces — reduced standards in numbers of spaces to be provided from the current
requirements. The current proposal does not include construction standards for the spaces or the travel
ways leading to them from the public road. Therefore, for example, these uses could be served by a
gravel road and parking area;
• Setbacks for parking and any sales area - proposed from adjoining properties and public roads.
The submittal requirements and review process are proposed to be reduced from the current process. Where a
site plan is currently required for a wayside stand (on -site agricultural sales), only a sketch plan will be necessary.
Where a full site plan is required for a farmers market, a site plan waiver is now proposed. With the exception of
the farmers market by special use permit, the approval process is proposed to be administrative without adjacent
owner notice.
Focus Questions for the Commission:
1. Review /Approval Process: Staff proposes that the by -right uses be an entirely administrative process.
We further recommend that these reviews not involve adjacent owner notice. If the Commission has
concerns about this proposal, we could follow the current process for farm worker housing, allowing
adjacent owner notice and their right to request Commission review.
2. Subordinate Items for Sale: This provision is perhaps the most difficult area to enforce and will be
critical in limiting the uses as proposed. We do not want this determination to relate to the percentage of
sales or floor area because it becomes problematic for staff and intrusive to business owners. We
propose using an explicit and restrictive definition that will allow staff the ability to use discretion in the
field. If the Commission has any input on this issue, we welcome it.
3. Technical requirements — Access Road and Parking Spaces: Staff's proposal does not include
requirements for a specific surface (pavement, gravel, etc.). Gravel or pavement would only be required
when the County Engineer recommends that it is necessary to control dust, prevent drainage or erosion
problems, and keep mud tracking to a minimum. Because this lack of a minimum standard is generally
unprecedented in the current Ordinance requirements for businesses, we would like to know if the
Commission has any concerns about this proposal.
4. Off -site signage: Consumers will need to be able to easily find these locations in the Rural Areas. The
Ordinance currently provides for two agricultural product signs (up to 32 sq. ft. total) to be placed on -site
without a permit. With few exceptions, off -site signs are permitted only by a special use permit. In this
case, staff proposes that agricultural product signs now be allowed off -site and by right for Farm Stands
and Farm Sales. This signage would be subject to all other sign ordinance requirements.
RECOMMENDATION:
Once it is drafted, set this ordinance for public hearing with the Commission and Board as soon as practical.
ATTACHMENTS:
A: Resolution of Intent
B: Roundtable Input
C: Summary of Revisions Resulting from Roundtable Input
D: Chart Showing Overall Changes — Current to Proposed Ordinance
Attachment B
Roundtable Input
12 -10 -09
Structure size:
• Limit it at all? Existing structures should be excluded from this regulation
• Larger for Farm Stands - - 1,000 sq. ft. won't work for smaller -scale farmers
• 4,000 sq. ft. for Farm Sales, just as it is in VOF easement language
• Setbacks apply to permanent and temporary structures and begin from the edge of the dedicated right -
of -way
• Limiting structure size does help keep the items related to agricultural (a bigger building needs more
sales)
Seasonal:
• Sales need to be year- round! Greenhouse producers are working all year
• Buyers are detached from seasonality of foods
Local:
• Sellers at Farmer's Markets currently sign their names to a document stating that all of their products
are local
• Do we limit it at all?
• Produce and regulate labels for ag. products that come from Albemarle County
• 100 mile radius
• Statewide
• Albemarle County and adjoining localities
• Regional planning districts
• Proof of county residency required
• Local and fresh foods ensure that the food is "nutritionally complete"
Additional approvals:
• VDOT: Commercial entrances, driveway standards, increase in trips /traffic for successful sales
• VDACS: Sanitation, restrooms for value -added products
• A brochure or designated staff person assigned to explain all the necessary approvals
Subordinate sales:
• Possible additional definitions: ancillary sales, value -added products, agricultural products,
subordinate sales
• Off - season sale of subordinate products are critical to year -long economic viability
• Allow subordinate sales at Farm Stands
• Provide for other farmers coming to sell at a Farm Sales use
ZTA overall:
• Add context within the new regulations to help guide enforcement
Attachment C
Farm Stand, Sales and Farmers Market
Revisions Resulting from Roundtable Input
A. General: The three different uses as proposed did not have clear differences and that
presented confusion. We revised the uses in several ways to create the distinctions. For
example, in the commercial districts and LI, this use is only called farmers market whether it
involves one or several farmers' products. We changed the use distinctions for the RA, MHD
and VR districts such that farm stand is only off -site or off -farm sales whereas farm sales is
on -farm sales. We also exempted the use of existing structures from the maximum structure
size for farm stands and farm sales.
B. Farm Stand
1. Deleted the requirement that this be limited to seasonal sales;
2. Expanded the definition of local produce to include produce from abutting localities to
Albemarle and added the requirement that the farm stand applicant be an owner or
leasee of farmland in Albemarle County;
3. Increased the maximum size for new permanent structures from 1000 to 1500 square
feet. The use of existing structures is exempt from the structure size limitations;
4. Decreased the setbacks from 35 feet to 25 feet in those cases currently allowed under
the ordinance to be 25 feet (a private road or an internal public road).
C. Farm Sales
1. Increased the maximum size for new permanent structures from 2500 to 4000 square
feet. This size is more consistent with the conservation easement provisions. The use
of existing structures is exempt from the structure size limitations;
2. Changed the limitation on the sale of subordinate items from 1/3 of the items" to a
broader definition that anticipates fluctuations in sales during certain seasons. During
these times, the amount of subordinate items will need to increase, but shall still remain
less than those items grown or produced onsite;
3. Decreased the setbacks from 35 feet to 25 feet in those cases currently allowed under
the ordinance to be 25 feet (a private road or an internal public road).
D. Farmers Market
1. Expanded the use to also include interior sales within existing buildings with no size
limitation;
2. Added this use by special use permit in the residential districts.
D
v
n
(D
w
w
n
T
(7 T
w
3
3
3
N
N
N
y
C/)
y w
to
w
y w
a
m
N
y
4
c3i
x
o3i
is
d
C
m
m
a
v < Co v to to
-u tD
< Co
U)
F �� n n�
C�
c
o a o
� ��,
w too a
ci
o-.
=in`�
M
m
'
(mom. F 3 m
va
a�Zp�
N CR° 3 3
n n
M
D
-
c
N 0 C7
In
A
T.
Sono
o�0
3
O
(3D m
v; O5•
oz
�x o
���
x
N
r
r o
�
N
3� y i, 3 m N.3 ( F m m
m o o S. :: 7 X
6-0 0 v m m
p
3� N 3 -o p
m O C m O
O a c (n n-o � w
10 �' 0 m y
� 3 w y m
m to r: x
O a 3a
: O m 0
a �•
C1 f1 y S n , _a ? a
N (D
m
3 a N 3 a
C m
p
Q 0' a N
n y O n _
Q
zy °- o- O- (n
C w C p� C
°' .o m a
Q n y w
O a d
(D C n C
zr
y C O C m m N 7= O O
f�
O O N �< (�
y (O _a y n m
E, a �' O 0 m .O»
w
'.� w a w a
O (OD w 0 c
N
CL i 7 0 0 i N x. S. y
a w
' d O S d
p 20 w
0 7 7 in (n
a C w a w w
d N a° N
O m y
>> C m
to n j°
] d 0 (D
O-
O m .Ni m
y a w `G _
m j a a (A 0 7
O
3 C �.' 7
N fD N O m
(D C (D a
O w C
_ w S pC- f0
N N w
O m a
'<
�' m N
0 (mq
w
N a O m
C � 3
,
w
y 0
w w
a 0 <
w
°
w a
?
m M
O
m
C O
O
(D O
'
N
CA
m a O
O
O =
O
3
CD
0
CD a
L4 �
(o
o a 0
U 5
m aw to
co ° a o
2
O
m G o
a C) m
x n
w m m
m c 7°
c a m
C1
too w
y
Ca
m (� m
n
s
�� Ow
w m
° w
0
o o =
m G
w
w
S
o
(D (D m
m
N O
y
�
w d
N O �_.
3
N to
_
m S
G
w S
- y
7
p S
a D
;N
o
(D
°
<
w
n
(CD
0
n
S
m
CD
Cn Z
C
-
-+ y 7
0
0( 7 y 7 Q: w Z
o
S]
O O
° 3.a°+ =-(MD
��
"a > > � m
m Q��
oon o+o a� v d
��
p
N .,.� C N C F
o
�. O
c, --a
O C m C m a
" (D m
m
w S w 0
7
O C m C m • a
•� (D m 7
J
O
-w w (n S fD a
w
O C
y m 3 (p 3 N x n 0
7
(D m w d m
N m 3 m 3 N X f1 p
p
O O y m N m
fD a 7 a N
O 3 Q
O O
d N w N w N C
"� 7 -� 7 m r. a -.
y m x
w C) O
N y
�' 7'. j m .. a
n
p
y S O m w w
lD a
x 0 7 7 7 0 IQ (fl CI
m o w (D
w
O m 7 m n O .*
O fO w
(
In
w x- 7
m 7 W m
w 7
w w
3 .+ n .r m -
(gyp 'O -
m a
O
3 .Oi n m
I .�. 'O -
CD
a.
Q;
(D
a
N Q
to + CD ,.
O N
,�
C)
Of
N
C
O
O N O
O O
m
a
�. o Z
(O p
(D S
w
h a w* N w w ,� O
S m 7 _a p m
w O
7 0
a w y w w D
- W 7 a a
O w
O O
�•
o o
c. m
o m Cr° 0 3
n
° m a a o a
<-
�
oa N
3 O
y a 0 x 7 y
O N
d O x n 3' =°
Q N
m
w-
S
(n m
(N 'O W N
3 N
N O N
O m
3 N w a O
O O X.
O Cu
CD-
LJ N Q
m a m '' y
O O
w O
N 3 m a m°
w
a W
�.
a N
O (o y O X
N x
O N ,
Cn
-
N
N
G O
ha
En
p
'( o
m o m m
O w O
7 0
�. .+ o
(O m 0 (D m
O w l
O O
7- :3
O -o .+ O
�, m o m
N -.
w
�vwo
��o
1a°'�co
m
U.
fmwco
mo
M (D w (D (D
U
F_ a A
(° w N m
_0 O
w a 1
m
N
m N N 3 m
CD
m
O
N
m w N 3 m
Q m
(l
(wj(
Q U N 3 m
O
a 0
C,
w
w
O w
O
`G Q O .O+ N
y
O w
CL =
0 O»
x D
a
Q
m <
m
a �
o m S
a x
Ir
�
a s x
o a
<
O
- a S 7
O
7
w 0
o
x(o x(o
x(o
O
3 a
O o
7 <
a
7
a
Om
-0
S
j
fl? a O"
fo O.
m CD
O O
N a a
(fl a
m
O
O.
C
w
N
Q Q
`G 0
C
W �.
N_
Cr p
l< 0
w
N)
y
O (0
N O
'�. O
(n
( O (p'
N O
�. O
_ N
� O (p-
N �
.+
n N
.S. N
�� N
R
7 (D
En
m
7 m
N
m
7 (D
(n
D
v
n
(D