HomeMy WebLinkAboutZTA200900018 Legacy Document 2010-04-27 (2)COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2009 -018 Farm Stands, Farm Sales and
Farmers Markets
SUBJECT /PROPOSAL /REQUEST: Amend the
Zoning Ordinance to provide additional markets for
the sale of local agricultural products and
merchandise, while meeting basic technical
requirements to assure public health and safety.
STAFF CONTACT(S):
Messrs. Cilimberg and Newberry, Ms. McCulley
LEGAL REVIEW: Yes
AGENDA DATE:
May 5, 2010
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
REVIEWED BY: VWC
BACKGROUND:
This issue arose initially as a result of a zoning complaint about the unapproved off -site sale of farm products at a
County location. This case highlighted the fact that while farmers can sell products at their farm, it may not be a good
location from which to sell to their customers. This case further revealed the fact that the permitted off -site or off -farm
locations for a farmer to sell products are relatively limited in our Zoning Ordinance. Therefore, the current Ordinance
provisions are not adequately meeting the County's Comprehensive Plan goals for the sale of local produce.
On December 10th, we held a public roundtable to solicit input on this ordinance amendment. The roundtable was
attended by a group with diverse agricultural endeavors ranging from those growing and selling raw fruits and
vegetables to those who produce value -added products and those who raise and produce beef, poultry and the like.
With their valuable input, staff made significant revisions to the draft proposal. (See Roundtable Input and Revisions
Resulting from Roundtable Input attachments to the January 19th Commission work session report included in
Attachment 11.)
On January 19th, staff held a work session with the Commission to both introduce the proposal and to resolve five (5)
issues. The Commission's direction on these and several other issues is incorporated into the recommended
Ordinance language. (See Attachment 1) On April 6th, the Planning Commission held a public hearing and
recommended approval of this ordinance. (See Attachment II)
DISCUSSION:
Rather than charging the regular $980 fee for a commercial use, staff recommended a reduced or subsidized fee for
the farmers market special use permits (the only one of the three uses involving a special use permit). As a result of
discussion in public hearing, the Commission supported the idea of utilizing a two- tiered fee structure. The lesser of
the two fees, $110, would be charged for those uses that will be served by existing parking and an existing commercial
entrance. This lower- tiered fee is consistent with the fee for a minor amendment to a special use permit and is based
on the reduced review necessary for a minor addition to a site with existing infrastructure. This lower fee would apply
for example, to the use of existing church or school sites. The higher- tiered fee is recommended at $490, or half the
full commercial use fee. This reduction or subsidy is generally consistent with the fee charged for special use permits
involving home occupations and small day care centers. This fee would be imposed for sites which are not already
developed with adequate parking and entrance. The draft ordinance has been revised to reflect this fee structure.
Comment from the public suggested that the ordinance should clarify whether the Water Protection Ordinance is
applicable to these uses. In addition to this, the proposed ordinance has been revised to capture minor grammatical
corrections to the text.
RECOMMENDATIONS:
Staff and the Planning Commission recommend adoption of the proposed ordinance found in Attachment I.
ATTACHMENTS
Attachment I: Proposed Ordinance
Attachment ll: Planning Commission Public Hearing Report Packet