HomeMy WebLinkAboutZTA201600003 Resolution - Board of Supervisors 2016-03-15AGENDA DATE: 3/2/2016
TITLE:
ZTA 2016-3 Farm Wineries, Breweries & Distilleries Events
SUBJECT/PROPOSAL/REQUEST: Resolution of Intent for Farm Wineries, Breweries & Distilleries
Events Zoning Text Amendment
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Cilimberg, Clark, Burbage
PRESENTER (S): Amanda Burbage
LEGAL REVIEW: Click here to enter text.
REVIEWED BY: Click here to enter text.
BACKGROUND: Under State law, farm wineries, breweries, and distilleries ("FWBD") are allowed to
hold events and activities to market and sell their products. These activities and events may range from
inviting the public to participate in a harvest to holding weddings and wedding receptions. The County's
authority to regulate these events and activities is limited by State law.
Over the past three years, changes to the Virginia State Code have prompted the County to modify its
regulation of activities and events at FWBDs, most recently amending the zoning ordinance on December
9, 2015 to introduce regulations for farm distilleries that parallel those for farm wineries and farm distilleries.
While the County's regulations attempt to strike a balance between fostering the economic success of
these agricultural enterprises and safeguarding the property rights of surrounding neighbors, a growing
interest in events in the Rural Area has raised some concern about the individual and cumulative impacts
resulting from these events and activities. In addition, State Alcoholic Beverage Control ("ABC") license
requirements for FWBDs require minimal agriculture on site. This provides an opportunity for FWBDs to be
established with little or no connection to agriculture, contrary to the underlying purposes of the State's
zoning laws, the Rural Area section of the County's Comprehensive Plan, and the express purpose of the
Rural Areas zoning district. The County's authority under State zoning laws to regulate activities and
events at FWBDs requires that the County consider the "economic impact" of any regulation, the
"agricultural nature" of the activities and events, and whether the activities and events are "usual and
customary." County regulation of usual and customary activities and events is permitted only if their
impacts are substantial.
On November 4, 2015, the Board adopted the Community Development work program to include work on a
"Phase 2" farm winery, brewery and distillery zoning text amendment to begin in the 2nd quarter of 2017. On
January 6, 2016 the Board amended the 2016 Community Development work program, expediting work on
Phase 2 to begin this year. The proposed scope of the Phase 2 is to strengthen the requisite relationship
between activities and events at FWBDs, their agricultural nature, and whether they are usual and
customary as agricultural activities and events, in order to ensure that the agricultural purposes of the Rural
Area are preserved, FWBDs are able to continue as successful agricultural enterprises, and possible
adverse impacts resulting from activities and events at FWBDs are minimized. Certain by right activities of
FWBDs - growing, harvesting, production, tasting, and direct sales associated with the manufacture of
alcoholic beverages - are protected under State law and fall outside of the scope of this zoning text
amendment.
STRATEGIC PLAN: Economic Prosperity: Foster an environment that stimulates diversified job creation,
capital investments, and tax revenues that support community goals.
Rural Areas - Preserve the character of rural life with thriving farms and forests, traditional crossroad
communities, and protected scenic areas, historic sites, and biodiversity.
DISCUSSION: Given the heightened level of public interest in this topic, staff developed a community
engagement plan for this zoning text amendment (Attachment B). In the plan, staff outlines roles and
responsibilities for the Board, and requests that the Board appoint one or two Board members as liaisons
to participate in the community engagement process and serve as a conduit for sharing information with
the Board as the process moves forward.
BUDGET IMPACT: Staff does not anticipate that the adoption of this Resolution would result in the need
for additional staff or funding.
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution of Intent (Attachment A).
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachment B: Public Engagement Plan for Farm Wineries, Breweries & Distilleries Events ZTA