HomeMy WebLinkAboutZTA200900003 Legacy Document 2010-02-11STAFF PERSONS: Amelia McCulley and Wayne Cilimberg
PLANNING COMMISSION WORK SESSION: February 16, 2010
BOARD OF SUPERVISORS: TBD
ZTA: ZTA2009 -00003 Farm Wineries
ORIGIN: Planning Commission Resolution of Intent (Attachment A)
PROPOSAL: Amend the Albemarle County Zoning Ordinance so that its current
farm winery regulations are consistent with Virginia Code Section 15.2- 2288.3,
and in order to promote the efficient and effective administration of the County's
zoning regulations and meet the intent of the County's Rural Area Plan and Rural
Areas Zoning District.
PUBLIC PURPOSE TO BE SERVED: In practice, staff has implemented the
County's farm winery regulations in a manner that complies with Virginia
Code Section 15.2- 2288.3 since that section was rewritten in 2007. However,
staff also believes that language added in 2007 and, more recently, in 2009
that provides that "(I)ocal restriction ... shall take into account the economic
impact on the farm winery of such restriction, the agricultural nature of such
activities and events 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. Amendments that better define
allowed uses and activities at farm wineries consistent with the Virginia Code
should provide 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.
BACKGROUND: In 1981, the County adopted amendments to the zoning
ordinance establishing a definition and supplementary regulations for farm
wineries, and establishing them 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. 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. The Planning
Commission passed a Resolution of Intent on April 14, 2009 to consider
amendments that assure consistency of the Albemarle County zoning ordinance
provisions with the Virginia code. On July 15, 2009, staff held a roundtable with
approximately 20 community and industry interests and received input on an
initial set of concepts that would form the basis for new zoning text language.
Notes from that roundtable are included as Attachment B. On November 10,
2009 the Planning Commission held a work session on this matter, received
input from the public attending and provided direction to staff regarding possible
changes. (See Attachment C)
STAFF COMMENT: The County's Rural Area Plan says the County will
recognize in policy development that the following, among a number of
principles, are "important components of the Rural Areas ": protection of
"Albemarle County's agricultural lands as a resource base for its agricultural.
industries ... "; provision of "support to local agricultural and forestal economies"
and connection of "local producers and consumers of rural products "; and
encouragement of "creative and diverse forms of rural production" and support of
"rural land uses that provide rural landowners with economic viability ".
The purpose and intent of the Rural Areas (RA) zoning district includes as a
purpose "(p)reservation of agricultural and forestal lands and activities ". It further
states, "(r)esidential development not related to bona fide agricultural /forestal use
shall be encouraged to locate in the urban area, communities and villages as
designated in the comprehensive plan" and that "(i)n relation to residential
development, agricultural /forestal activities shall be regulated only to the extent
necessary to protect public health and safety." The stated intention of the RA
district is "to preserve the county's active farms and best agricultural and forestal
lands by providing lot areas designed to insure the continued availability of such
lands ... to enhance the economy, and maintain employment and lifestyle
opportunities. In addition, the continuation and establishment of agriculture and
agriculturally - related uses will be encouraged ..."
It is the obvious intent of both the County's Rural Area Plan and the RA district to
help enable the economic viability of the County's agricultural activities such as
vineyards and wineries. This is furthermore consistent with the state's policy to
preserve the economic vitality of the state's wine industry. While staff is of the
opinion that the current local restriction of farm winery activities and events to
market and sell their products is reasonable, it is important to be very clear in
defining "usual and customary" activities and events that do not cause a
substantial impact to public health, safety and welfare.
Under current ordinance provisions, all activities exempted under Virginia Code
Section 15.2- 2288.3.D. and E. (see Attachment D) are allowed in the County. In
addition, current ordinance provisions permit each winery: on -site tasting and
consumption on up to 1500 square feet of floor area; daily tours; special events
(meetings, conferences, banquets, dinners, weddings, private parties and wine
marketing events) for up to 150 people per event up to 12 times a year; and, up
to three (3) day festivals no more than four (4) times a year. House Bill (HB) 463,
a 2008 General Assembly bill that was not ultimately adopted, also identified a
number of "usual and customary activities and events" at farm wineries
"throughout the Commonwealth" that are generally permitted under current
county provisions such as picnics, wine tasting as part of promotions, guest
winemakers and trade accommodations of invited guests at a winery owner's
private home, barrel tastings and wine clubs, outdoor music not audible beyond
the property line, fundraisers and charity events, exhibits and historical segments
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related to wine, gatherings to promote wine sales, appetizers for visitors, on -site
retail of incidental items such as cork screws, and catering activities for wine
dinners and wine activities. HB 463 also identified festivals, but for up to 200
people rather than the 150 maximum the County now allows.
In consideration of the public input received during this process, direction from
the Planning Commission, principles in the County's Rural Area Plan, the
purpose and intent of the County's Rural Areas zoning district and state code
provisions, staff has updated amendments to Sections 3.1, 4.15.2, 5.1.25, 10.2.1
and 10.2.2 of the Albemarle County Zoning Ordinance. (Attachment E)
Currently proposed changes to the ordinance with comments on the reasons for
these changes are included as Attachment F.
In particular, staff notes the following in response to Planning Commission
direction on November 10:
- Review the agritourism definition. The definition now proposed is the same as
the definition of "agritourism activity" in Virginia Code § 3.2 -6400.
- Review the farm winery definition. The requirement that farm winery lots be
contiguous was deleted to be consistent with Zoning Ordinance's definition of "farm,"
which does not require that the lots be contiguous. The proposed definition is
otherwise unchanged, but is relatively easy to administer because it depends merely
on state licensure as a farm winery.
- Review hours of operation. The prior draft ordinance limited some uses to
between 9:00 a.m. and 6:00 p.m. Staff has deleted reference to hours of operation for
any uses and instead proposes using "normal course of business" to determine
compliance.
- The attendance limitation for certain uses that are accessory to primary
uses should be based on "persons at any one time" vs. "persons per day ".
References to attendance have been changed to "persons at any one time ".
- The 50 person limitation should be revisited for appropriateness and
enforceability. Requirements related to over 50 persons up to 200 persons in
attendance, such as the requirement of a sketch plan, have been removed. For certain
uses where more than 200 persons attend at any time, and attendance is event driven
and typically in addition to people coming and going throughout the day associated
with the other typical farm winery uses, a special use permit is still proposed.
- Address grandfathering of site plans that exist that could suffice for the
zoning clearance. There is no longer a sketch plan requirement with a zoning
clearance. A sketch plan is now only required to be submitted with an application for
a special use permit so that the potential impacts of the use can be best evaluated.
An existing site plan could be used as a sketch plan if it provides the information
required in submitting a special use permit application.
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The result of changes made since the Planning Commission's work session on
November 10, 2009 reflect staff's opinion that the by -right uses that would be
allowed in the proposed ordinance will not have substantial impact on the health,
safety or welfare of the public and need not be required to undergo any special
approval by the County. Only certain uses that exceed 200 persons attending at
any one time were considered by staff to have the potential for impact to the
health, safety or welfare of the public and therefore are recommended to require
a special use permit - farm winery events, weddings and wedding receptions,
and other uses not expressly authorized that are agritourism uses or wine sales
related uses which are determined by the zoning administrator to be usual and
customary uses at farm wineries throughout the Commonwealth. Prohibited
uses are now limited to restaurants and helicopter rides as staff determined that
the previously prohibited hot air balloon rides have negligible impacts and
currently exist in the County in association with other uses.
Administration / Review Process: Amendments that better define allowed
uses and activities at farm wineries consistent with the Virginia Code should
enable staff as well as local winery and public interests a clearer
understanding of what is allowed.
Housing Affordability: N/A
Implications to Staffing / Staffing Costs: Amendments that better define
allowed uses and activities at farm wineries consistent with the Virginia Code
should result in fewer questions of staff and greater efficiencies in use
determinations, zoning clearances and enforcement.
STAFF RECOMMENDATION: Staff is seeking final Planning Commission
feedback and input on the changes identified in this report. Following this work
session, staff recommends finalizing the zoning text amendment language and
scheduling a public hearing with the Albemarle County Planning Commission.
Attachment A:
Resolution of Intent
Attachment B:
July 15, 2009 Roundtable Notes
Attachment C:
November 10, 2009 Planning Commission Minutes
Attachment D:
Section 15.2- 2288.3 of the Virginia Code
Attachment E:
Recommended Amendment Language
Attachment F:
Recommended Amendment and Associated Comments
Attachment G:
Table of Impacts /Reasons for Changes
Attachment H:
Selected Relevant Sections of the Virginia Code Pertaining
to Farm Wineries
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ATTACHMENT A
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.
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ATTACHMENT B
Winery-Roundtable
7 -15 -09
Albemarle County Office Building
Rm 241
Approximately 16 attendees (not including staff or PC members). PC members
attending include: Edgerton, Joseph, Loach & Porterfield. Staff members include
Cilimberg, McCulley, Schlothauer, Higgins and Taylor.
Tom Loach opened the PC meeting.
Wayne Cilimberg introduced the purpose of this roundtable and history of this issue.
Went to PC for a resolution of intent. In line with Virginia Code, more specifically for
administration of ordinance. He explained that staff prepared a straw man for discussion
of the ZTA. Economic vitality in Rural Areas. Legal questions will need to be deferred
since the CA's office is not present.
Matt Conrad: Began 2006 with a list of usual and customary. 2008 Legislation and
2009 farm wineries are agricultural uses.
Wayne Cilimberg: He went through the PowerPoint presentation.
Jeff W.: He talked about the Code definition of restaurant and traffic impact.
Neil: He asked what are reasonable conditions? Organization - What is by- right? vs
what requires a zoning clearance. What about if 200 people show up at the tasting? Is
this ok? If yes or no - what is the number limit for tasting?
Neil: He referenced page 4 -1 & J and asked are these allowed by right? Additional
uses.
Wayne Cilimberg: He said that in spirit of the State Code, zoning clearance is
appropriate to make a determination not substantial impact.
Jeff: He mentioned Items on page 3 -b - Do all or any apply to uses permitted by -right
without a zoning clearance? What is left out?
Neil: He said ridiculous to require a zoning clearance for a picnic.
Wayne Cilimberg: He said we will go back to see what can fit in by -right categories.
Neil: He said focus on the Rural Area and commerce conflict. Example - lighting in
parking lots. Talk about large items and reasonable way to mitigate impacts.
Pollock: Need people to give in the number to buy wine and I don't want to - impact on
the community. I just went through the process to build a winery, but I don't want further
approval.
Shelton: Had to go to the ARB with a 4 month wait. The County has a reputation for
making it difficult to sustain agriculture. Will put in rules and regulations for peak
events. Context.
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Winery Roundtable 2 July 15, 2009
Potterfield: A couple weddings spread apart is reasonable..
Shelton: Why not say "don't block 29?"
Marcia Joseph: Asked about a blanket zoning clearance.
Amelia McCulley: Yes. Maybe need to limit only large events.
Wayne Cilimberg: He said to shorten the list and focus on those with most potential for
impact.
Who said this? Cost of zoning clearance?
Edgerton: He said that he likes separating out non - impacts vs. major impact. Noise,
traffic and lighting. Could backfire (legislation) on all agricultural activities. Impact on
health, safety & welfare.
Loach: He asked how to determine substantial impact? Example Byrom Park & 50
parking spaces.
Wayne Cilimberg: He said that a presumption that 200 people can potentially be
accommodated. Consider context and conditions.
King: She asked where does 200 people come in especially if already have approved
entrance that can accommodate more?
Matt: He said 200 people for special events.
Wayne Cilimberg: He said by -right — list not subject to #200 people.
Jeff: How to distinguish a large wedding and tasting at the same time?
Visitors Center: Have we checked Napa, Sonoma, Walla Walla Washington?
Jeff: Walla Walla probably was not all licensed - some issues.
Neil: Concern understandable for wineries.
Shelton: Welfare (review) in the weeds that can bolux up legit operation. Allow common
sense.
- Albemarle being identified as Napa of East Coast. Highest & best not to subdivide, but
wineries. Good for general welfare supporting the economy.
Jeff: Consider conservation easements.
But taking out viable option to subdivide.
Keswick Winery: Member of the community can negatively affect business. Be aware
of.
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Winery Roundtable 3 July 15, 2009
Bill E.: Speak to the concern that if not approached positively, can lead to that.
Wayne Cilimberg: Leaving to them (wineries) to decide how to run and impacts.
King: How to consider welfare — the individual or greater public good?
Potterfield: Noise ordinance still applies.
King: Prior to conservation easement could have development number to Old Trail but
now limited to 200.
Loach: Transparency and clear so everyone knows what is required.
Marcia: Board of Supervisors involvement and publicize that we have these wineries.
County (elected officials) can promote.
Shelton: Like any industry it needs an outlet. Already have reasonable guidelines and
regulations - adding too much will be cumbersome.
Bill E.: Apply for all uses up front.
Jeff Shelton: Special events.
Wayne Cilimberg: We now allow only 150 people X 4 events. This is to liberalize. Need
to document what /how.
Shelton: Ought to be positive, not negative.
Neil: Make sure can regulate this way.
Wayne: County Attorney's office has been involved.
Jay: Every business needs a zoning clearance. This is standard, not onerous. Do
hundreds of zoning clearance applications a year.
Architects: Starting winery but can't initially get farm winery.. Where does winery fit?
Easy to tell if faking it. Something to lessen cash flow.
- Future interpretation of 'event" when does a promotional activity become event?
-Is 200 all day or at one time?
-What if beautiful day and more than 200 arrive for tasting?
Marcia Joseph: Selling of wine related items? Open up to selling produce and baked
bread. Add distilleries and breweries. Opposed to WPO for protecting water quality but
afraid our requirements over - the -top?
Schoenberg: What about Orange Co?
Pollock: Three wineries within few miles with no limitations gives them an unfair
competitive advantage of our winery.
Shelton: Why 200? Why not restaurant not in usual & customary list?
Winery Roundtable 4 July 15, 2009
Matt: What is considered usual & customary can change overtime
Shelton: Want to provide some food sales with alcohol
Jake: Why is amplified sound regulated more that ex. noise ordinance?
Wayne Cilimberg: asked that any comments be provided to him no later than the end of
July. Usual & customary, normal uses.
Harvest - September -end October. Might be more helpful to have work session after
harvest.
ATTACHMENT C
Albemarle County Planning Commission
November 10, 2009
The Albemarle County Planning Commission held a work session on Tuesday, November 10, 2009, at
4:30 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road, Charlottesville,
Virginia.
Members attending were Marcia Joseph, Calvin Morris, Don Franco and Linda Porterfield. Thomas
Loach, Vice Chairman, Eric Strucko, Chairman and Bill Edgerton were absent. Julia Monteith, AICP, non-
voting representative for the University of Virginia was absent.
Other officials present were Wayne Cilimberg, Director of Planning; Amelia McCulley, Director of Zoning
& Zoning Administrator, and Greg Kamptner, Deputy County Attorney.
Mr. Cilimberg noted that an Acting Chair needed to be chosen due to the absence of the Chair and Vice
Chairman.
Motion: Ms. Porterfield moved and Mr. Franco seconded to nominate Calvin Morris as Acting Chair for
the meeting.
The motion carried by a vote of 4:0.
Call to Order and Establish Quorum:
Mr. Morris, Acting Chair, called the regular meeting to order at 4:30 p.m. and established a quorum.
Work Session:
ZTA- 2009 - 00003 Farm Wineries - Amend the Albemarle County Zoning Ordinance so that its current
farm winery regulations are consistent with Virginia Code Section 15.2- 2288.3, and in order to promote
the efficient and effective administration of the County's zoning regulations and meet the intent of the
County's Rural Area Plan and Rural Areas Zoning District (Wayne Cilimberg /Amelia McCulley)
The purpose of the work session was to review the changes to the zoning ordinance being
considered for farm wineries and obtain the Commission's input and guidance.
Mr. Cilimberg made a PowerPoint presentation. (See PowerPoint Presentation — Albemarle County Farm
Winery Regulations Changes)
"Defined in State Code farm winery -
VA Code Stipulations re: Local Restriction
Local restriction ... shall take into account the economic impact on the farm winery of such restriction,
the agricultural nature of such activities and events and whether such activities and events are usual
and customary for farm wineries throughout the Commonwealth.
VA Code Definition of Farm Winery
... an establishment (i) 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 . . . or (ii) . . . with a producing vineyard, orchard, or similar growing area or
agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth, and
with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures
wine...
ALBEMARLE COUNTY PLANNING COMMISSION — NOVEMBER 10, 2009
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ATTACHMENT C
VA Code Limitation on Class A and Class B Farm Wineries
Class A - at least 51 percent of the ... agricultural products used by the owner or lessee to manufacture
the wine shall be grown or produced on such farm and no more than 25 percent of the ... agricultural
products shall be grown or produced outside the Commonwealth.
Class B - 75 percent of the ... agricultural products used by the owner or lessee to manufacture the wine
shall be grown or produced in the Commonwealth and no more than 25 percent of the ... agricultural
products shall be grown or produced outside the Commonwealth. No Class B farm winery license shall be
issued to any person who has not operated under an existing Virginia farm winery license for at least
seven years.
Opportunities for variation from the % of on -farm production and % of out -of -state products utilized under
certain supply conditions through petition to the Department of Agriculture and Consumer Services.
Definitions
• Agritourism
• Farm Winery
• Farm Winery Event
Uses Permitted By -right as Primary Uses
1. The production and harvesting of fruit ... and the manufacturing of wine.
2. The direct sale and shipment of wine by common carrier to consumers ...
3. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers,
and out -of -state purchasers ...
4. The storage, warehousing, and wholesaling of wine ...
5. Activities related to the production of the agricultural products used in the wine, including ...
growing, planting and harvesting the agricultural products and the use of equipment for those
activities.
6. The sale, tasting, including barrel tastings, or consumption of wine between 9 :00 a.m. and 6:00
p.m.... the normal course of business of the farm winery.
7. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that 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.
Uses Permitted By -right as Accessory to Primary Uses
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
2. Hayrides.
3. Kitchen and catering activities.
4. Picnics, either self - provided or available to be purchased at the farm winery.
5. The sale of wine - related items that are incidental to the sale of wine between 9 :00 a.m. and
6 :00 p.m.
6. Tours of the farm winery, including the vineyard.
7. Providing finger foods, soups and appetizers for visitors.
Uses Permitted By -right as Accessory to Primary Uses
During regular business hours (9 :00 a.m. -6 :00 p.m.), each attracting not more than 50 people:
1. Farm winery events.
2. Guest winemakers and trade accommodations of invited guests at a ... winery owner's private
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 10, 2009
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ATTACHMENT C
residence at the farm winery.
3. Weddings and wedding receptions.
4. Other uses that are agritourism or wine sales ... determined ... to be usual and customary
uses at farm wineries throughout Virginia.
Uses Permitted By -right With Zoning Clearance
1. Outside of regular business hours (before 9:00 a.m. /after 6:00 p.m.) or each attracting between
51 and 200 people:
2. Farm winery events.
3. Guest winemakers and trade accommodations of invited guests at a ... winery owner's private
residence at the farm winery.
4. Weddings and wedding receptions.
5. Other uses that are agritourism or wine sales ... determined ... to be usual and customary
uses at farm wineries throughout Virginia.
"Zoning Clearance
Purpose:
• Identify uses generally
• Identify uses that may cause more than two hundred (200) persons to be in attendance at any
given time
• Identify those uses that will have a substantial impact on the public health, safety or general
welfare
Requires application providing:
O Uses
• Maximum number of persons who will attend the use at any given time
• Frequency and duration of uses
• VDOT commercial entrance approval (if necessary)
• Sanitation facilities approval from Dep't of Health
• On -site parking
• Location, height and lumens of outdoor lighting
• Location where music will be performed (if applicable)
• Compliance with setbacks
• Information requested by the county police department or department of fire rescue
• Accompanying Sketch Plan
Substantial impact is an impact that in its nature would result from the use or activity based on facts, and
that in its effect is large in extent or degree
Zoning administrator may impose reasonable conditions to reduce the impacts from a use so they are not
substantial
Zoning clearance is a determination that the uses conducted at a farm winery are usual and customary
and do not create substantial impacts
Other Uses
Any other uses proposed at a farm winery which are determined by the zoning administrator to be related
to agritourism or wine sales for the farm winery, but which are neither permitted by right nor by right with a
zoning clearance, may be permitted by special use permit.
Not permitted.
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 10, 2009 3
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ATTACHMENT C
1. Hot air balloons and hot air balloon rides.
2. Restaurants.
3. Helicopter rides.
Major Changes -
O Simplified definition for farm winery and new definitions for agritourism and farm winery event
O Farm wineries added to the provisions allowing agricultural product signs
O Extent of review based on potential to produce substantial impact — tied to regular business hours
and attendance levels
O Usual and customary primary and accessory uses producing no substantial impact listed as by-
right without limitation as to number of events
O Certain usual and customary accessory uses with the potential to produce substantial impact
because they operate outside of regular business hours or due to attendance levels listed as by-
right with zoning clearance
O Other uses determined to be usual and customary, but not listed as by -right or by -right with
zoning clearance, permitted by special use permit
O Attendance requiring special use permit increased from more than 150 to more than 200 people
O Uses not considered usual and customary specifically listed as not permitted"
Ms. McCulley provided a mock farm winery zoning clearance, including the proposed sketch plan, to
explain how such a process would work.
Mr. Morris invited questions for staff from the Commission and asked if staff has a list of questions for the
Commission to address.
Mr. Cilimberg replied that staff is here to answer the Planning Commission's questions and asks that the
Commission note any particular changes and provide further direction before the zoning text amendment
goes to public hearing.
Public comment was taken from the following persons:
Matt Conrad, Virginia Wine Counsel,
David King, King's Vineyard,
Charlotte Shelton, Albemarle Ciderworks,
Jeff Werner, Piedmont Environmental Council,
Neil Williamson, Free Enterprise Forum,
Casey Callup, Jefferson Vineyard,
Morgan Butler, Southern Environmental Law Center, and
Kathlyn Glenn- Mathews, Blenheim Vineyards.
Based on the public input received, the Commission provided staff the following direction:
- Review the agritourism definition.
- Review the farm winery definition.
- Review hours of operation.
- The attendance limitation for certain uses that are accessory to primary uses should be based on
"persons at any one time" vs. "persons per day ".
- The 50 person limitation should be revisited for appropriateness and enforceability.
- Address grandfathering of site plans that exist that could suffice for the zoning clearance.
The Planning Commission recessed at 5:51 p.m. for a dinner break to reconvene to the
regular meeting at 6:00 p.m, in the Auditorium.
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 10, 2009
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ATTACHMENT D
§ 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.)
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ATTACHMENT E
Draft: 01/27/10
ORDINANCE NO. 10 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
11, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article 1, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 4.15.2
Definitions
Sec. 5.1.25
Farm winery
Sec. 10.2.1
By right
Sec. 10.2.2
By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Accessory Use, Building or Structure: A subordinate use, building or structure customarily incidental to and
located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to
allow the primary use, building or structure; provided that a subordinate use building or structure customarily
incidental to a primary farm use building or structure need not be located upon the same lot occupied by the
primary farm use, building, or structure. (Amended 10 -9 -02)
Agritourism Any activity carried out on a farm or ranch that allows members of the general public. for
recreational entertainment or educational purposes to view or enjoy rural activities including farming
wineries ranching historical cultural harvest -your -own activities, or natural activities and attractions,
regardless of whether or not the participant paid to participate in the activity
Farm Wm� inery: An establishment located on a farm it dueem ar -ehar -d e " it "
r + r. 4 ' ether- tlt a °.a, ets � ed els he ° one or more lots in Albemarle
•'ivuu°
7 J no.
County licensed as a farm winery under Virginia Code 8 4.1 -207. (Added 12- 16 -81)
Farm winery event An event conducted at a farm winery on one or more days including, but not limited to
gatherings where the purpose is agritourism or to promote wine sales not otherwise expressly authorized as a use
ATTACHMENT E
Draft: 01/27/10
under section 5.1.25 (aA (b)(1) and (b)(3) through (b)(10) including but not limited to wine fairs, receptions
where wine is sold or served; wine club meetings and activities; wine tasting educational seminars; wine tasting
luncheons business meetings and corporate luncheons with a focus on selling wines; gatherings with the
ppose of promotin¢ sales to the trade such as restaurants distributors and local chamber of commerce
activities; winemakers' dinners where wine is paired with food; agritourism promotions; and fundraisers and
charity events.
Article II. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation, and implementation of this section 4.15:
(1.1) Agricultural product sign. The term "agricultural product sign" means a sign or signs identifying the
produce, crops, animals or poultry raised or quartered on the property, or identifying a farm winery.
(Added 3- 16 -05)
Sec. 5.1.25 Farm winery
Each farm winery shall be subject to the following:
,,vine shall be gr-ewn of pr-edueed en the faf+n, unless the Stat leehelie Bever-age GafAfel Beafdwaives
sigh Y- egdireinentcr t; (Added 4 1 98)
. , area has been established and is in pr-eduetien; (Added 12 16 81)
e. The fellewing uses and ae4ivifies are permitted at a fiff-ffi winefy wiffi the prief appfeval of a site plan as
pfevided in subseetien (d). Speeial events and festivals are also subjeet te the additional fequir-effiefits
set fer h in subsee4ien (()(Added 4 1 94)
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ATTACHMENT E
Draft: 01/27/10
numbef ef allewed pai4ieipan�s at any e,,.." one hundred fifty (15 0), or- b eth; (Added
4-1 9
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ATTACHMENT E
Draft: 01/27/10
3. An eutdeef amplified setind system shall u • (Added
-4- (Added --r -T 9-ozRepealed 10 .. ., . )
a Primary uses permitted The following primary uses events and activities (hereinafter, collectively,
"uses ") are permitted at a farm winery:
1 The production and harvesting of fruit and other agricultural products and the manufacturing of
wine including but not limited to activities related to the production of the agricultural
products used in wine including but not limited to growing. planting and harvesting the
agricultural products and the use of equipment for those activities.
2 The sale tasting including barrel tastings or consumption of wine within the normal course of
business of the farm winery.
3 The direct sale and shipment of wine by common carrier to consumers in accordance with Title
4.1 of the Virginia Code and the 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 of the Virginia Code, regulations of the
Alcoholic Beverage Control Board, and federal law.
5 The storage warehousing and wholesaling of wine in accordance with Title 4.1 of the Virginia
Code regulations of the Alcoholic Beverage Control Board and federal law.
6 Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, m•ovided that 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.
b Agritourism uses or wine sales related uses The following agritourism uses and wine sales related uses
are permitted at a farm winery, provided they are related to agritourism or wine —
sales-
1 Exhibits museums and historical segments related to wine or to the farm winery.
2. Farm winery events at which not more than two hundred (2001 persons are in attendance at an
time.
3. Guest winemakers and trade accommodations of invited guests at a farm winery owner's private
residence at the farm winery.
4. Hayrides.
5 Kitchen and catering activities related to a use at the farm winery.
6 Picnics either self - provided or available to be purchased at the farm winery.
7 Providing finger foods soups and appetizers for visitors.
ATTACHMENT E
Draft: 01/27/10
8 Sale of wine - related items that are incidental to the sale of wine including. but not limited to
the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
9 Tours of the farm winery, including the vineyard.
10 Weddings and wedding receptions at which not more than two hundred (2. 00) persons are in
attendance at any time.
11 Other uses not expressly authorized that are agritourism uses or are wine sales related uses,
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth which do not create a substantial impact on the health
safety or welfare of the public, and at which not more than two hundred (200) persons are in
attendance at any time.
C. Agritourism uses or wine sales related uses • more than 200 person at any time • special use hermit The
following agritourism uses and wine sales related uses are permitted at a farm winery with a special use
permit rovided they are related to agritourism or wine sales and at which more than two hundred (200)
persons are in attendance for the use at any time.
1. Farm winery events.
2. Weddings and wedding receptions.
3 Other uses not expressly authorized that are agritourism uses or wine sales related uses which
are determined by the zoning administrator to be usual and customary uses at farm wineries
throughout the Commonwealth.
d Information and sketch elan to be subwitted with application for a special use permit. In addition to any
information required to be submitted with an application for a special use permit under section
each application for one or more uses authorized under section 5.1.25(c) shall include the following:
1. Information Information pertaining to the following: (il the proposed uses: (iil the maximum
number of persons who will attend each use at any given time; (iii) the frequency and duration
of the uses; (iv) the provision of on -site parking; (v) the location height and lumens of outdoor
lighting for each use; and (vi) the location of any stage, structure or other place where music
will be performed.
2 Sketch plan A sketch plan which shall be a schematic drawing of the site with notes in a form
and of a scale approved by the director of planning depicting: (i) all structures that would be
used for the uses; (ii) how access on- site parking outdoor lighting signage and minimum vat
will be provided in compliance with this chapter; and (iii) how potential adverse impacts to
adjoining property will be mitigated so they are not substantial.
e Sound Sound generated from a farm winery use shall be subject to section 4.18, provided that sound
generated by outdoor amplifjed music shall be subject to section 7- 105(B)(5).
f Yards The minimum front side and rear yards of a farm winery shall be as provided in section 10.1.
Notwithstanding any other provision of this chapter, these minimum yard requirements shall apply to all
primary and accessory structures established after [insert date] and to all tents, parking areas and
portable toilets used in whole or in part to serve any use permitted at a farm winery, and all yards shall
be measured from structures and off - street parking areas.
5
ATTACHMENT E
Draft: 01/27/10
a Uses rn°ohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01)
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this
chapter:
17. Farm. winery uses authorized under section 5.1.25(al and (bl iTeferenee S.'z5). (Added 11- 11 -92)
Sec. 10.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant
to section 31.2.4: (Added 10 -9 -02)
53 Farm winery uses authorized under section 5.1.25(cl.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Clerk, Board of County Supervisors
6 '2,0
ATTACHMENT F
Draft: 01/27/10
ORDINANCE NO. 10 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 4.15.2
Definitions
Sec. 5.1.25
Farm winery
Sec. 10.2.1
By right
Sec. 10.2.2
By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Accessory Use, Building or Structure: A suborduiate use, building or structure customarily incidental to and
located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to
allow the primary use, building or structure; provided that a subordinate use building or structure customarily
incidental to a primary farm use building_ or structure need not be located upon the same lot occupied by the
primary farm use, building, or structure. (Amended 10 -9 -02)
Comment: Because many farms are composed of more than one lot and the current definition of "farm"
allows farms to be composed of multiple lots, including noncontiguous lots, this definition would be
amended to exempt farms from the general rule that accessory uses and structures must be on the same
lot as the primary use.
Agritouriem Any activity carried out on a farm or ranch that allows members of the general public. for
recreational entertainment or educational purposes to view or enjoy rural activities including farming
wineries ranching historical cultural harvest -your -own activities. or natural actjvjtjes and attractions.
regardless of whether or not the participant paid to participate in the activity
Comment: Virginia Code § 15.2- 2288.3 requires localities to allow uses related to wine sales and
agritourism, but it does not define " agritourism." This definition is the same as the definition of
" agritourism activity" in Virginia Code § 3.2 -6400.
Farm -W mJnery: An establishment located on a faiffi with 1, ed rd, eh '' � , �similar- v,. rv„
ATTACHMENT F
Draft: 01/27/10
t. , +. •t J ether- k al ed Pl� yr NNy ets due - els efe- one or more lots in Albemarle
� r
County licensed as a farm winery under Virginia Code & 4.1 -207. (Added 12- 16 -81)
Comment: With the exception of the deletion of the requirement that farm winery lots be contiguous, this
definition is substantively unchanged from the definition in the October 13, 2009 draft considered at the
November 10, 2009 Planning Commission worksession (the "October 13 draft "). The requirement that
farm winery lots be contiguous was deleted to be consistent with Zoning Ordinance's definition of
"farm," which does not require that the lots be contiguous. A representative of the winery industry
suggested that this ordinance use the definition of "farm winery" in Virginia Code § 4.1 -100, which is a
very fact - intensive definition that ultimately leads to a farm's eligibility to be licensed as a farm winery
under Virginia Code § 4.1 -207. The proposed definition is simpler and easier to administer because it
depends merely on licensure as a farm winery. In addition, Virginia Code § 15.2- 2288.3(A) and (E), the
two key provisions that grant certain rights to farm wineries, rely on licensure as a farm winery as being
the central requirement to be eligible for the rights conferred by Virginia Code § 15.2- 2288.3. County
staff is satisfied that an establishment licensed as a farm winery under state law is a "farm winery" for
purposes of the Zoning Ordinance.
under section 5 1 25(a) (b)(1) and (b)(3) through (b)(10) including, but not limited to wine fairs, receptions
where wine is sold or served; wine club meet_ ings and activities; wine tasting educational seminars: wine tasting
luncheons business meetings and corporate luncheons with a focus on selling wines: gatherings with the
purpose of promoting sales to the trade such as restaurants distributors, and local chamber of commerce
activities; winemakers' dinners where wine is paired with food; agritourism promotions- and fundraisers and
charity events.
Comment: This definition is significantly revised from the October 13 draft to clarify the term and to
accommodate other changes to section 5.1.25, as discussed in the comments in that section below. Among
other things, the revised definition incorporates a number of the "usual and customary" uses delineated
in IIB 463 (2008), a failed bill explained in more detail in the comments following the introductory
paragraph to Subsection 5.1.25(b)
Article II. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1.1) Agricultural product sign. The term "agricultural product sign" means a sign or signs identifying the
produce, crops, animals or poultry raised or quartered on the property, or identifying a farm winery.
(Added 3- 16 -05)
Comment: This definition is unchanged from the October 13 draft.
Sec. 5.1.25 Farm winery
Each farm winery shall be subject to the following:
2 ,
ATTACHMENT F
Draft: 01/27/10
b. Faeflities for- fer-mefAing amd/er- bettling wine shall not be esta lished until the vineymd,'er-ehard ei! oth
grevving area has been established and i in ed,_,etien; (Added 1 2 1 6 Q 1
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RTNM
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b. Faeflities for- fer-mefAing amd/er- bettling wine shall not be esta lished until the vineymd,'er-ehard ei! oth
grevving area has been established and i in ed,_,etien; (Added 1 2 1 6 Q 1
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ATTACHMENT F
Draft: 01/27/10
a. The ewner- shall apply for- a zening eleafanee at least thift�, (30) days pfier- te the date ef
the first festival te be authorized by the zening eleafanee. The appheatien shall be
Virginia Depai4.,,.,nt e f14ea ; (Added ^ 194)
a Primary uses permitted. The following_primaivuges. events and activities (hereinafter. collectively
"uses ") are permitted at a farm winery:
1 The production and harvesting of fruit and other agricultural products and the manufacturing of
wine including but not limited to, activities related to the production of the agricultural
.products used in wine including but not limited to, growing, planting and harvesting the
agricultural products and the use of equipment for those activities.
Comment: The first clause states the use that must be allowed by -right and without regulation
under Virginia Code § 15.2- 2288.3(E)(1). The second clause was in Subsection 5.1.25(a)(5) in the
October 13 draft but it has been moved here because the activities identified in that clause are
closely related to the activities identified in the first clause. The second clause also is consistent with
what the County's zoning regulations would allow for any agricultural use. Finally, the second
clause is consistent with the language included in HB 463 (2008) .(Virginia Code § 15.2- 2288.3(A)(2)
in the bill), a failed bill explained in more detail in the comments following the introductory
paragraph to Subsection 5.1.25(b), as a usual and customary activity at a farm winery.
4 vk
jr
a Primary uses permitted. The following_primaivuges. events and activities (hereinafter. collectively
"uses ") are permitted at a farm winery:
1 The production and harvesting of fruit and other agricultural products and the manufacturing of
wine including but not limited to, activities related to the production of the agricultural
.products used in wine including but not limited to, growing, planting and harvesting the
agricultural products and the use of equipment for those activities.
Comment: The first clause states the use that must be allowed by -right and without regulation
under Virginia Code § 15.2- 2288.3(E)(1). The second clause was in Subsection 5.1.25(a)(5) in the
October 13 draft but it has been moved here because the activities identified in that clause are
closely related to the activities identified in the first clause. The second clause also is consistent with
what the County's zoning regulations would allow for any agricultural use. Finally, the second
clause is consistent with the language included in HB 463 (2008) .(Virginia Code § 15.2- 2288.3(A)(2)
in the bill), a failed bill explained in more detail in the comments following the introductory
paragraph to Subsection 5.1.25(b), as a usual and customary activity at a farm winery.
4 vk
ATTACHMENT F
Draft: 01/27/10
2 The sale, tasting, including barrel tastings, or consumption of wine within the normal course of
business of the farm winery.
Comment: This subsection was Subsection 5.1.25(a)(6) in the October 13 draft. It has been moved
to become Subsection 5.1.25(a)(2) so that Subsection 5.1.25(a) is organized the same way as the by-
right uses delineated in Virginia Code § 15.2- 2288.3(E). With the exception of barrel tastings, this
use must be allowed by -right and without regulation under Virginia Code § 15.2- 2288.3(E)(2),
though the state statute provides that this use occur during "normal business hours." The
reference to barrel tastings is based on the HB 463 version of Virginia Code § 15.2 -
2288.3(A)(1)(k). "Public wine tasting," as envisioned in the HB 463 version of Virginia Code §
15.2- 2288.3(A)(1)(d), is within the scope of this use class. The October 13 draft limited this use to
between 9:00 a.m. and 6:00 p.m., which would have accommodated all of the 12 County farm
wineries surveyed that listed their business hours online. However, based on the public comments
at the November 10, 2009 Planning Commission worksession, it was determined that the "normal
course of business" language will be used to determine compliance.
3 The direct sale and shipment of wine by common carrier to consumers in accordance with Title
4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control Board.
Comment: This use must be allowed by -right and without regulation under Virginia Code § 15.2 -
2288.3(E)(3).
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 of the Virginia Code, regulations of the
Alcoholic Beverage Control Board, and federal law.
Comment: This use must be allowed by -right and without regulation under Virginia Code § 15.2 -
2288.3(E)(4).
5 The storage warehousing and wholesaling of wine in accordance with Title 4.1 of the Virginia
Code regulations of the Alcoholic Beverage Control Board, and federal law.
Comment: This use must be allowed by -right and without regulation under Virginia Code § 15.2 -
2288.3(E)(5).
6 Private personal gatherings of a farm winery owner who resides at the farm winuy or on
property adjacent thereto that is owned or controlled by the owner, provided that 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.
Comment: Virginia Code § 15.2- 2288.3(D) requires that this use must be allowed consistently with
how the County regulates other private gatherings under its zoning regulations.
S 2n:'tt 4 1..- :�;ri�3 `:'. b kni9.k::? ra..0 .,v Gx .x .a::2 z. .i,: °sZ J „sw•. rS.* .,. a{ p-� a:.ki... ,r wnx4:.. 4+_�j '� r..
Y': umma . o`f the revisionandreor antzation.m this_draft of Sub sections$5r125.(b),(c} (d) and(e)ofthe
,
i,`;��'Q�ctober�l•3,g2009 2009,�lagnin' Commissigp
d,n draft�consdered��tat�the Noveriiber��10 t; {worksession�'„;i�,.,,yG-
October 13,draft -
Current.draft,
Reason for change
Subsection (b) allowed 7 usual and customary
Subsection (b) would allow 8 usual and customary
Reconsideration of impacts;
uses without limitation.
uses without limitation and 3 additional usual and
simplification of regulations; ease
customary uses with a cap of 200 persons at any
of implementation and
time.
administration.
Subsection (c) allowed 4 usual and customary
Subsection (c) of the October 13 draft is
Reconsideration of impacts; shift
uses (farm winery events, guest winemakers and
eliminated. The 4 usual and customary uses
focus from quantifying substantial
ATTACHMENT F
Draft: 01/27/10
— ;nr '.r.: ,�n F r ;.fie tPa ,-, .e +.4.,reFF.45rt�rwa dad?n try 9 .nlY,•_'r Pki'� s Kati
1 Summa 3of.the revision and reorgamzation�in,this draft of Subsections 5125(li)G,
rE1; hetk,
1 't „ 'F �j6 E- k t 24rt`a
(,(d)and,e) of then
�aE; }` —ti't
x C4.
2009; dr= 10; 2009, 1'lamm�CommissionTworksessio
R' ra'' .as"h�, "k §i�i�"w!,b�1�•
"n4 ka
Octgberq 13; aft; considered atlthe Noyerriber
October 13 draft
Current drraft
Reason for chap' e
trade accommodations of invited guests,
allowed in Subsection (c) of the October 13 draft
impacts by regulation to usual and
weddings and wedding receptions, and other
were moved to Subsection (b).
customary uses; simplification of
uses determined by the zoning administrator)
regulations; ease of
between 9:00 a.m. and 6:00 p.m., limited to 50 or
implementation and
fewer persons per day.
administration.
Subsection (d) allowed the same usual and
Subsection (d) of the October 13 draft, along with
Reconsideration of impacts; shift
customary uses as in Subsection (c), but required
the procedures and requirements for a zoning
focus from quantifying substantial
a zoning clearance if they were conducted before
clearance in Subsection (0, are eliminated,
impacts by regulation to usual and
9:00 a.m. or after 6:00 p.m., or may have had
customary uses; simplification of
between 51 and 200 persons per day.
regulation; ease of
implementation and
administration.
Subsection (e) required a special use permit for
Subsection (e) of the October 13 draft is revised
Reconsideration of impacts;
any other use not expressly allowed in
and now Subsection (c), and a special use permit
simplification of regulation; ease
Subsections (a), (b), (c) or (d), which would have
is required for any farm winery event, wedding or
of implementation and
included any use that may have more than 200
wedding reception, or other usual and customary
administration.
persons per day.
use not expressly provided for, that may have
more than 200 persons at any time.
Further comment on the reorLyanization of Subsections 5.1.25(b), (c), (d) and (e) of the October 13 draft:
The organization and requirements of Subsections 5.1.25(b), (c), (d) and (e) of the October 13 draft
received many comments from the farm winery interests at the November 10, 2009 Planning Commission
worksession. With those comments in mind, County staff re- analyzed the uses in Subsections 5.1.25(b),
(c) and (d) and the standards in those sections in light of the accessory nature of those uses, their potential
impacts, the directives of Virginia Code § 15.2- 2288.3(A), and the purpose and intent of the Rural Areas
zoning district. As a result, County staff recommends that the uses in Subsection 5.1.25(b) below would
not have a substantial impact on the health, safety or welfare of the public as explained in the
"Substantial impact on the health, safety or welfare of the public" comments following the introductory
paragraph to Subsection 5.1.25(b).
b Aaitourism uses or wine sales related uses The following agritourism uses and wine sales related uses
are permitted at a farm winery, provided they are related to agritourism or wine sales:
Comment: Virginia Code § 15.2- 2288.3(A) requires that local regulations consider whether allowed
"activities and events are usual and customary for farm wineries throughout the Commonwealth" and
then continues: "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."
Usual and customary: County staff worked with staff from other localities in 2007 and 2008 to identify
usual and customary activities at farm wineries. In the 2008 General Assembly Session, HB 463 would
have amended Virginia Code § 15.2 - 2288.3 to include a list of usual and customary activities at a farm
winery. Although the bill failed, representatives of the farm winery industry told County staff in a
meeting in 2008 that the farm winery industry would rely on the list of usual and customary uses in HB
463 as its model. The list below, with the exception of subdivisions (8) and (11) (see comments for those
subdivisions), is based on HB 463. County staff has considered each of the items on the list and, though
not all of these activities have been usual and customary at farm wineries in Albemarle County, they are
all related agritourism or wine sales in a way that promotes the particular farm winery or farm wineries
in general.
Substantial impact on the health, safety, or welfare of the public: County staff has considered the impacts
that could likely be expected from each of the activities listed below and recommends that they would not
have a substantial impact on the health, safety, or welfare of the public. The anticipated impacts — traffic
ATTACHMENT F
Draft: 01/27/10
safety, health and sanitation, and noise — are addressed. Traffic safety at the farm wineries' entrances are
regulated by VDOT, health and sanitation issues are regulated by the Virginia Department of Health, and
noise is regulated by the County as authorized by Virginia Code § 15.2- 2288.3 under the County's zoning
and non - zoning noise regulations. County staffs opinion is that these independent regulations would
address the impacts that County staff expects could arise from these uses. In making this
recommendation, County staff also considered Virginia Code § 15.2- 2288.3(A), which provides in part
that local regulations pertaining to farm wineries consider the agricultural nature of farm wineries, and
two key statements in County Code § 18 -10.1 regarding the purpose and intent of the Rural Areas zoning
district: "Residential development not related to bona fide agricultural/ forestal use shall be encouraged
to locate in the urban area ... where such development will not conflict with the agricultural /forestal or
other rural objective" and "In relation to residential development, agricultural /forestal activities shall be
regulated only to the extent necessary to protect public health and safety." Those passages support
County staff s recommended revisions in this draft.
The 200 - person threshold for certain activities: Most of the activities allowed in Subsection 5.1.25(b) will
result in visitors coming and going throughout the day. Those activities delineated in subdivisions (2),
(10) and (11) establish a cap of 200 persons in attendance at any time. If more than 200 persons may
attend one of the activities in subdivisions (2), (10) or (11) at any time, a special use permit would be
required under Subsection 5.1.25(c). Because IIB 463 would have limited usual and customary activities
to those which were for fewer than 200 persons, County staff recommends that this threshold be used.
The 200 - person threshold is consistent with other thresholds for events allowed in the Rural Areas zoning
district: special events at farm wineries for up to 150 people under the existing farm winery regulations
(County Code § 5.1.25(c)); by -right festivals for up to 150 people at historical centers (County Code §
5.1.420)) (the historical center use classification requires a special use permit); and special events for up
to 150 people (County Code § 5.1.43(e)) (the special events use classification requires a special use
permit). Note also that the "200 person in attendance at any time" threshold is less restrictive than the
"persons per day" threshold in the October 13 draft. Upon further analysis, County staff concluded that
the various "persons per day" thresholds in Subsections 5.1.25(c) and (d) in the October 13 draft would
have been difficult for a farm winery to monitor, difficult to enforce, and would have applied to a number
of generally low impact activities simply because they attract people throughout the day.
1 Exhibits, museums, and historical segments related to wine or to the farm winery.
Comment: This use is based on the HB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(1)(n). Agricultural museums not related to wine or to the farm winery are currently
permitted in the Rural Areas zoning district by special use permit.
2. Farm winery events at which not more than two hundred (200) persons are in attendance at any
time.
Comment: The proposed definition of "farm winery event" in section 3.1 includes a range of
event -type activities that were enumerated in the BB 463 version of Virginia Code § 15.2- 2288.3
as subsections (A)(1)(b), (f), (g) , (k) and (m) and (A)(3)(b), (c) and (d) that are not otherwise
expressly provided for in Subsection 5.1.25(b). If more than 200 persons may attend at any time,
a special use permit would be required, as provided in Subsections 5.1.25(c) and (d).
3 Guest winemakers and trade accommodations of invited guests at a farm winery owner's private
residence at the farm winery.
Comment: This use is based on the BB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(1)(j)•
7
All
ATTACHMENT F
Draft: 01/27/10
4. Hayrides.
Comment: This use is based on the HB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(1)(b).
5. Kitchen and catering activities related to a use at the farm winery.
Comment: This use is based on the BB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(3)(h).
6 Picnics either self - provided or available to be purchased at the farm winery
Comment: This use is based on the HB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(1)(a).
7 Providing finger foods soups and aaggliNgs for visitors
Comment: This use is based on the HB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(3)(f)•
8 Sale of wine - related items that are incidental to the sale of wine including, but not limited to
the sale of incidental gifts such as cork screws, wine glasses, and t- shirts.
Comment: The sale of wine - related items that are incidental to the sale of wine must be allowed
by -right and without regulation under Virginia Code § 15.2- 2288.3(E)(6). The sale of incidental
gifts such as cork screws and wine glasses would be considered to fall under the umbrella of
"wine- related items" any way without the second clause, but the language of the second clause is
based on the HB 463 version of Virginia Code § 15.2- 2288.3 as subsection (A)(3)(g).
9 Tours of the farm winery, including the vineyard.
Comment: This use is based on the BB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(1)(h).
10 Weddings and wedding receptions at which not more than two hundred (200) persons are in
attendance at any time.
Comment: This use is based on the BB 463 version of Virginia Code § 15.2- 2288.3 as subsection
(A)(3)(a). If more than 200 persons may attend at any time, a special use permit would be
required, as provided in Subsections 5.1.25(c) and (d).
wineries throughout the Commonwealth which do not create a substantial impact on the health
safety or welfare of the public and at which not more than two hundred (200) persons are in
attendance at any time.
Comment: This subdivision would provide flexibility in the administration of these regulations to
allow the zoning administrator to allow a particular use not otherwise provided for in subdivisions
(1) through (11) if she determines that the use is usual and customary and would not create
substantial impacts. If more than 200 persons may attend at any time, a special use permit would
be required, as provided in Subsections 5.1.25(c) and (d).
8 r
ATTACHMENT F
Draft: 01/27/10
C. AUitourism uses or wine sales related uses • more than 200 person at any time: special use permit, The
followingagritourism uses and wine sales related uses are permitted at a farm winery with a special use
hermit provided they are related to agritourism or wine sales and at which more than two hundred (2001
persons are in attendance for the use at any time:
Comment: See the table preceding Subsection 5.1.25(b) and the comment to Subsection 5.1.25(b).
1. Farm winery events.
Comment: See the comment to Subsection 5.1.25(b)(2).
2. Weddings and wedding receptions.
Comment: See the comment to Subsection 5.1.25(b)(10).
3 Other uses not expressly authorized that are agritourism uses or wine sales related uses which
are determined by the zoning administrator to be usual and customary uses at farm wineries
throughout the Commonwealth.
Comment: Seethe comment to Subsection 5.1.25(b)(11).
d Information and sketch plan to be submitted with application for a special use permit In addition to any
information required to be submitted with an application for a special use permit under section 31.6.2,
each application for one or more uses authorized under section 5.1.25(c) shall include the following:
Comment: If a special use permit is required for one or more of the uses allowed by Subsection 5.1.25(c),
this subsection requires specific information and a sketch plan to be submitted with an application for a
special use permit.
1. Information._ Information pertaining to the following: (i) the proposed uses; (ii) the maximum
number of persons who will attend each use at any given time; (iii) the frequency and duration
of the uses; (iv) the provision of on -site parking; (v) the location height and lumens of outdoor
lighting for each use: and (yi) the location of any stage. structure or other place where music
will be performed.
2 Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a form
and of a scale approved by the director of planning depicting: (i) all structures that would be
used for the uses: (ii) how access, on -site parking, outdoor lighting, signage and minimum yards
will be provided in compliance with this chapter; and (iii) how potential adverse impacts to
gdj iio ling pr erty will be mitigated so they are not substantial.
e Sound Sound generated from a farm winery use shall be subject to section 4.18, provided that sound
generated by outdoor amplified music shall be subject to section 7- 105(B)(5).
Comment: Virginia Code § 15.2- 22883(A) provides that 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."
Sound, Generally: Subsection 5.1.25(e) cross - references the general noise regulations applicable to land
uses in County Code § 18 -4.18, which establishes noise standards based on decibel levels measured with a
sound meter from the property line. For most farm wineries, the applicable standard would be 60
ATTACHMENT F
Draft: 01/27/10
decibels during daytime hours (7:00 a.m. to 10:00 p.m.) and 55 decibels during nighttime hours (10:00
p.m. to 7:00 a.m.). However, Virginia Code § 15.2- 2288.3(A) states that the activities and events at a farm
winery are agricultural in nature, and bona fide agricultural activities are exempt from the noise
regulations under County Code § 18 -4.18.
Outdoor amplified music: Outdoor amplified music was not separately addressed in the October 13 draft
because the County was in the process of amending its general, non - zoning, noise regulations. The new
noise regulations were adopted by the Board of Supervisors on December 2, 2009. With the new noise
regulations now in effect, County staff recommends that outdoor amplified music be subject to the
general noise regulations in County Code § 7- 105(B)(5). County Code § 7- 105(B)(5) establishes noise
standards emitted from various devices including "electronic sound amplification equipment" and the
standard prohibits sound that is audible: (i) from a distance of 100 feet or more from the property line of
the parcel on which the device is located; or (ii) from inside a dwelling unit or hotel room on a parcel
other than the farm winery. The standard in County Code § 7- 105(B)(5) addresses the directive in
Virginia Code § 15.2- 228.3(A) that, in authorizing outdoor amplified music at a farm winery, the locality
"consider the effect on adjacent property owners and nearby residents."
f Yards The minimum front, side and rear Yards of a farm winery shall be as provided in section 10.4.
Notwithstanding any other provision of this chapter these minimum yard requirements shall apply to all
primary and accessory structures established after [insert date] and to all tents parking areas and
portable toilets used in whole or in part to serve any use permitted at a farm winery, and all yards shall
be measured from structures and off - street parking areas.
Comment: The minimum yards set forth above are the minimum yards established for the Rural Areas
zoning district (County Code § 18- 10.4). However, this section would apply these minimum yard
standards to not only primary structures but also accessory structures and other temporary facilities such
as tents and portable toilets. Regarding accessory structures, this subsection is more restrictive than
County Code § 18- 4.11.2.1, which would otherwise allow accessory structures to be located as close as 6
feet to a lot line.
g. Uses prohibited. The following uses are prohi ited:
1. Restaurants.
2. Helicopter ri e
Comment: The October 13 draft also prohibited hot air balloon rides but was eliminated from this draft
because of their negligible impacts and their present existence in the County in association with other
uses. Restaurants are expressly prohibited because they are commercial in nature, not otherwise allowed
in the Rural Areas zoning district, and are contrary to the statutorily established (Virginia Code § 15.2 -
2288.3(A)) agricultural nature of farm wineries. To County staffs knowledge, helicopter rides are not
usual and customary activities at farm wineries and County staff is aware of a farm winery in Fauquier
County that offered helicopter rides that generated significant controversy.
(§ 5.1.25, 12- 16 -81, 1 -1 -84; Ord. 98- 20(1), 4 -1 -98; Ord. 01- 18(6), 10 -3 -01)
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this
chapter:
10
ATTACHMENT F
Draft: 01/27/10
17. Farm winery uses authorized under section 5.1.25(a) and (b) (-referee -5.1 . (Added 11- 11 -92)
Comment: This amendment was added to this draft to expressly state that the uses allowed at farm
wineries under Subsection 5.1.25(a) and (b) are by -right uses.
Sec. 10.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant
to section 31.2.4: (Added 10 -9 -02)
53 Farm winery uses authorized under section 5.1.25(cl.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Clerk, Board of County Supervisors
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ATTACHMENT H
SELECTED RELEVANT SECTIONS OF THE VIRGINIA CODE PERTAINING
TO FARM WINERIES
§ 4.1 -100. Definitions.
"Farm winery" means an establishment (i) located on a farm in the Commonwealth 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 that
contains not more than 18 percent alcohol by volume or (ii) located in the
Commonwealth with a producing vineyard, orchard, or similar growing area or
agreements for purchasing grapes or other fruits from agricultural growers within the
Commonwealth, and with facilities for fermenting and bottling wine on the premises
where the owner or lessee manufactures wine that contains not more than 18 percent
alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall
include a cooperative formed by an association of individuals for the purpose of
manufacturing wine. In the event such cooperative is licensed as a farm winery, the term
"farm" as used in this definition includes all of the land owned or leased by the individual
members of the cooperative as long as such land is located in the Commonwealth.
§ 4.1 -207. Wine licenses.
The Board may grant the following licenses relating to wine:
5. Farm winery licenses, which shall authorize the licensee to manufacture wine
containing 18 percent or less of alcohol by vohune and to sell, deliver or ship the wine, in
accordance with Board regulations, in closed containers, to (i) the Board, (ii) persons
licensed to sell the wine so manufactured at wholesale for the purpose of resale, § 4.1-
326 notwithstanding, or (iii) persons outside the Commonwealth. In addition, the licensee
may (a) acquire and receive deliveries and shipments of wine and sell and deliver or ship
this wine, in accordance with Board regulations, to the Board, persons licensed to sell
wine at wholesale for the purpose of resale, or persons outside the Commonwealth and
(b) store wine in bonded warehouses located on or off the licensed premises upon permits
issued by the Board. For the purposes of this title, a farm winery license shall be
designated either as a Class A or Class B farm winery license in accordance with the
limitations set forth in § 4.1 -219.
Such licenses shall also authorize the licensee to sell wine at retail at the places of
business designated in the licenses, which may include no more than five additional retail
IA
ATTACHMENT H
establishments of the licensee. Wine may be sold at these business places for on- premises
consumption and in closed containers for off - premises consumption.
§ 4.1 -219. Limitation on Class A and Class B farm wineries.
For Class A farm winery licensees, at least 51 percent of the fresh fruits or agricultural
products used by the owner or lessee to manufacture the wine shall be grown or produced
on such faun and no more than 25 percent of the fruits, fruit juices or other agricultural
products shall be grown or produced outside the Commonwealth.
For Class B farm winery licensees, 75 percent of the fresh fruits or agricultural products
used by the owner or lessee to manufacture the wine shall be grown or produced in the
Commonwealth and no more than 25 percent of the fruits, fruit juices or other
agricultural products shall be grown or produced outside the Commonwealth. No Class B
farm winery license shall be issued to any person who has not operated under an existing
Virginia farm winery license for at least seven years.
However, upon petition by the Department of Agriculture and Consumer Services, the
Board may permit the use (i) of a greater quantity of out -of -state products if supplies
grown or produced in the Commonwealth are insufficient for a farm winery licensee,
whether Class A or Class B, to achieve the level of production which otherwise could be
anticipated during a given license year or (ii) by a Class A farm winery of a lesser
percentage of products grown or produced on the farm if unusually severe weather or
disease conditions cause a significant reduction in the availability of fruit or other
agricultural products grown or produced on the farm to manufacture wine during a given
license year. As used in this section, the terms "owner" and "lessee" shall include a
cooperative formed by an association of individuals for the purpose of manufacturing
wine. The term "farin" as used in this section includes all of the land owned or leased by
the farm winery licensee as long as such land is located in the Commonwealth.
2 LAA