HomeMy WebLinkAboutZTA201500002 Resolution of IntentRESOLUTION OF INTENT
WHEREAS, the Albemarle County Zoning Ordinance authorizes farm wineries and farm
breweries to hold various events and activities related to the farm winery and farm brewery; and
WHEREAS, effective July 1, 2015, Virginia Code §§ 15.2- 2288.3:2 will require localities to
permit and regulate limited distilleries (to be referred to as "farm distilleries" in the Zoning Ordinance) in
material respects the same way that farm wineries and farm breweries are permitted and regulated, and
the Planning Commission previously adopted a resolution of intent to amend the Zoning Ordinance to
implement Virginia Code § 15.2- 2288.3:2; and
WHEREAS, the cumulative impacts generated by farm wineries, farm breweries, and farm
distilleries, including traffic on rural roads, parking, and water consumption, particularly when the events
or activities are held on small parcels in the agricultural zoning districts, should be further studied; and
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance if such study
identifies any substantial impacts on the health, safety, or general welfare of the public arising from
traffic, parking, water consumption, or any other identified adverse impacts.
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 Albemarle County Code §§ 18 -3.1, 18- 5.1.25, 18- 5.1.57, 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.
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, if Senate Bill 1272 is signed by the Governor, Virginia Code § 15.2- 2288.3:2 will
become effective July 1, 2015 and it will impose limitations on the extent to which localities, under their
zoning powers, may regulate various uses and activities associated with limited distilleries; and
WHEREAS, this new legislation requires that any local restrictions on distillery- related activities
be reasonable and take into account the economic impact of the restriction on the limited distillery, and
the agricultural nature of the activity; and that the regulations allow those activities by right and without a
special use permit, zoning clearance or any other administrative permit, unless the activity would cause a
substantial impact on the health, safety, or general welfare of the public; and
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to comply with
Virginia Code § 15.2- 2288.3:2 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 Albemarle County Code §§ 18 -3.1, 18 -5, 18- 10.2.1, 18- 10.2.2, and any
other appropriate sections of the Albemarle County Zoning Ordinance to achieve the purposes described
herein, provided that Senate Bill 1272 is signed by the Governor and Virginia Code § 15.2- 2288.3
becomes effective July 1, 2015; 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.