HomeMy WebLinkAboutZTA201500002 Executive Summary 2015-05-12COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2015 -02 Agricultural Distilleries AGENDA DATE: May 12, 2015
SUBJECT /PROPOSAL /REQUEST: Work Session to ACTION: INFORMATION: X
Address State Code Requirements for Agricultural
Distilleries CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Greg Kamptner ATTACHMENTS: Yes
BACKGROUND: On July 1, 2015, General Assembly bill SB 1272 will be enacted into State legislation limiting
localities' ability to regulate activities associated with limited (agricultural) distilleries. These changes are similar to the
provisions for farm wineries adopted by the General Assembly in 2007 and the provisions for farm breweries adopted
in 2014. Under the new legislation, in order to be eligible to apply for a limited distillery license, a distillery may not
manufacture more than 36,000 gallons of distilled spirits per calendar year, must be located on a farm with agricultural
zoning, and must use agricultural products grown on the farm in the manufacture of its alcoholic beverages.
Similar to current State Code provisions for farm wineries and farm breweries, under the new legislation distillery
activities which cannot be restricted by local regulation include production and harvesting of agricultural products;
manufacturing, sales, tasting, storage, and on- premises consumption of distilled spirits; and sale of incidental items
related to the sale of distilled spirits. Regulation of distillery activities are limited to circumstances involving a
substantial impact on the health, safety, or general welfare of the public. The new legislation does not establish a
threshold for substantial impact, but does require that any regulations imposed by a locality are reasonable and take
into account the economic impact of the regulation on the agricultural distillery, the agricultural nature of the activity,
and whether or not a particular activity or event is considered usual and customary.
On March 17 the Planning Commission adopted the attached Resolution of Intent to undertake ordinance
amendments to ensure compliance with State law once the legislation takes effect (Attachment A).
DISCUSSION:
Under the County's current regulations, farm wineries and farm breweries are by right uses in the Rural Area and may
engage in a wide range of usual and customary activities by right. In order to ensure consistent regulatory treatment
of these similar uses, staff recommends extending similar provisions to agricultural distilleries as outlined in the table
below:
RECOMMENDATION: Staff recommends that the Planning Commission provide feedback on the attached draft
ordinance (Attachment B) and direct staff to schedule the zoning text amendment for public hearing.
Farm Breweries
By-right
Production, harvesting, storage, sales, tasting,
By-right with Zoning
Clearance
Outdoor amplified music
Special Use Permit
Events > 200 attendees at
agritourism activities
any time
Events < 200 attendees at any time
Z
w
D
Farm Wineries
Production, harvesting, storage, sales, tasting,
Outdoor amplified music
Events > 200 attendees at
agritourism activities
(wineries established on or
any time
after November 12, 2014)
Events < 200 attendees at any time
o
Farm Distilleries
Production, harvesting, storage, sales, tasting,
Outdoor amplified music
Events > 200 attendees at
agritourism activities
any time
Lw
a
Events <- 200 attendees at any time
O
W
IL
RECOMMENDATION: Staff recommends that the Planning Commission provide feedback on the attached draft
ordinance (Attachment B) and direct staff to schedule the zoning text amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent to Address Agricultural Distilleries
Attachment B: Draft Ordinance