HomeMy WebLinkAboutZTA201500002 Executive Summary 2015-06-02COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: Resolution of Intent to Amend the
Zoning Ordinance to Address Farm Distilleries,
Farm Breweries & Farm Wineries
SUBJECT /PROPOSAL /REQUEST: Resolution of
Intent to Amend the Zoning Ordinance to Address
Farm Distilleries, Farm Breweries & Farm Wineries
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Greg Kamptner
AGENDA DATE: June 2, 2015
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2015, General Assembly bill SB 1272 will become law limiting localities' ability to regulate
activities associated with limited (farm) 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 farm distillery, the agricultural nature of the activity, and whether or not a
particular distillery activity or event is considered usual and customary.
On May 12 the Planning Commission held a work session on an ordinance amendment that proposed treating farm
distilleries the same as farm wineries and farm breweries. At the work session the Commission shared concerns about
the cumulative impacts of these uses in the Rural Area, including traffic generation on rural roads, parking, water use,
and, in particular, the impact of these uses when located on smaller Rural Area parcels. The Commission requested
that staff return with revised ordinance amendments that address these concerns (Attachment B). The attached
Resolution of Intent (Attachment A) broadens the focus of this zoning text amendment work to include farm breweries
and farm wineries in addition to farm distilleries.
DISCUSSION:
In response to the Commission's request, staff will research the experience of other localities in Virginia in establishing
substantial impact associated with farm wineries, farm breweries, and farm distilleries and consider ordinance
provisions that attempt to address the Commission's concerns. Staff will return to the Commission in a work session to
discuss the proposed amendments.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolutions of Intent
(Attachment A) and direct staff to schedule the zoning text amendments for work session.
ATTACHMENTS:
Attachment A: Resolution of intent to Address Farm Distilleries, Farm Breweries & Farm Wineries
Attachment B: May 12 Planning Commission Action Memo