HomeMy WebLinkAboutZTA200900003 Legacy Document 2010-05-11COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA2009 -00003 Farm Wineries
SUBJECT /PROPOSAL /REQUEST:
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.
STAFF CONTACT(S):
Cilimberg, McCulley, Kamptner
Yes
AGENDA DATE:
May 5, 2010
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
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. 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.
On February 16, 2010, the Planning Commission held a second work session, again receiving input from the public, and
authorized staff to schedule a public hearing on the amendments, incorporating the Commission's input regarding waiver
allowances for setbacks. On March 16, 2010, the Planning Commission held a public hearing on the amendments which
incorporated the Commission's direction from prior work sessions.
DISCUSSION:
For the Planning Commission's public hearing, staff incorporated the change regarding setbacks requested by the
Commission on February 16 as well as other minor clarifying language into the proposed amendment. Most specifically,
language was added to Section 5.1.25(f.) stating that, "the zoning administrator may reduce the minimum required yard
upon finding that: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety or welfare;
and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction." Following the
public hearing, the Commission unanimously recommended approval of ZTA2009 -00003 Farm Wineries as
recommended by staff with the following change and addition:
Change definition of "agricultural product sign" to incorporate "farm sales, farm stands and farmers'
markets ".
Add the noise standard for outdoor amplified music.
Attachments I and II reflect the Planning Commission's recommendation.
BUDGET IMPACT:
No direct impacts are anticipated, although amendments that better define allowed uses and activities at farm
wineries consistent with the Virginia Code should enable local winery and public interests a clearer understanding of
what is allowed and result in fewer questions of staff and greater efficiencies in use determinations and enforcement.
RECOMMENDATIONS:
Staff and the Planning Commission recommend approval of ZTA2009 -00003 Farm Wineries as provided in Attachment I.
ATTACHMENTS:
ATTACHMENT I:
Proposed Zoning Text Amendment (Clean Version)
ATTACHMENT II:
Proposed Zoning Text Amendment (Compare Version)
ATTACHMENT III:
February 16, 2010 Planning Commission Staff Report