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HomeMy WebLinkAboutZTA201600003 Staff Report 2016-12-06COUNTY OF ALBEMARLE STAFF REPORT AGENDA TITLE: ZTA 2016-3 Farm Winery, Brewery, and Distillery Events SUBJECT/PROPOSAL/REQUEST: Public hearing on farm winery, brewery, and distillery events zoning text amendment STAFF CONTACT(S): Kamptner, Blair, McCulley, Clark, McCall, Burbage AGENDA DATE: December 6, 2016 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: On March 2, 2016, the Board adopted a Resolution of Intent directing staff to work on a zoning text amendment to strengthen the requisite relationship between activities and events at farm wineries, breweries, and distilleries (FWBDs) and their agricultural nature and to further evaluate potential impacts associated with these events (Attachment B). In April and May, the County hosted four stakeholder roundtables with farm breweries, farm distilleries, farm wineries and cideries, and Rural Area neighbors to gather input related to issues associated with FWBD events. On June 14, the Planning Commission held a joint work session with the Board of Supervisors to provide direction to staff on issues identified at the stakeholder roundtables (Attachment C). In response to the Commission's request to gather additional input from residents of the Rural Area about impacts associated with FWBD events, staff circulated a stakeholder survey and received over 280 responses between June and September. On September 13 the Commission held a second work session to discuss a draft ordinance and provide guidance on four provisions that arose from the stakeholder survey: a minimum road standard for event eligibility, a traffic management plan for events over 200, a curfew for outdoor amplified music, and neighbor notification with a zoning clearance application (Attachment D). At the September 13 work session staff informed the Commission that under the State's enabling authority, the County could not impose a minimum road standard for FWBD events without a finding of substantial impact on public health, safety, and welfare directly associated with events at FWBDs. Accident data provided by Police suggest no identifiable correlation between FWBD uses and the number of traffic accidents occurring in proximity to them over the past five years (Attachment E). See Attachment F for a legal memo prepared by the County Attorney summarizing the County's ability to impose a minimum road standard. 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: Taking into consideration feedback from the last work session, staff revised the draft ordinance found in Attachment A. The proposed provisions are summarized in the following table: 2 1 P a g e ZTA 2016-3 Farm Winery, Brewery and Distillery Events * For the purpose of the proposed regulations, tastings and other by right activities are not considered "events." ** Planted acreage must be crops used in beverage production and may include adjoining parcels under same ownership *** Can be modified by special exception For FWBDs unable to meet the minimum eligibility criteria for holding events, staff proposes an allowance of up to four by right educational events per year, provided that attendance at any event would be under 200. This is consistent with the by right allowance for agricultural operations to hold up to four educational events per year. Staff circulated the proposed ordinance to stakeholders on November 4. Comments received to date by stakeholders and staff's response to these comments are summarized in Attachment G. BUDGET IMPACT: Staff does not anticipate that the proposed ordinance amendment will result in the need for additional staff or funding. RECOMMENDATION: Staff recommends that the Commission recommend approval of the draft ordinance found in Attachment A. ATTACHMENTS: Attachment A: Draft Ordinance Attachment B: Resolution of Intent Attachment C: June 14 Joint Work Session Staff Report Attachment D: Seotember 13 Plannina Commission Work Session Staff Report and Action Memo Attachment E: Summary of FWBD Accident Data Attachment F: Legal Memo on Minimum Road Standard Attachment G: Summary of Stakeholder Comments on Proposed Ordinance CURRENT PROPOSED Farm Farm Farm Farm Grandfather Existing Wineries, Wineries Breweries Distilleries FWBDs Breweries & Distilleries (FWBDs) To Establish Events* Eligibility: Minimum On-site Planted Acreage** None 5 acres 5 acres 5 acres Yes On-site Fermenting & Bottling None Yes Fermenting Yes Yes only Tasting Room with Regular Hours None Yes Yes Yes Yes Setbacks for Parking, Tents & Portable 75' front/ 25' 125' from 125' from 125' from Existing parking areas Toilets side/ 35' rear*** property property property line*** exempt from increased line*** line*** setback Traffic Management Plan for Events over None Yes Yes Yes No 200 Curfew for Outdoor Amplified Music None 10 pm - 7am 10 pm - 7am 10 pm - 7am No Sun —Thurs Sun —Thurs Sun —Thurs 11 pm-7am 11 pm-7am 11 pm-7am Sat & Sun Sat & Sun Sat & Sun Neighbor Notification with Zoning None Yes Yes Yes Existing FWBDs Clearance exempt * For the purpose of the proposed regulations, tastings and other by right activities are not considered "events." ** Planted acreage must be crops used in beverage production and may include adjoining parcels under same ownership *** Can be modified by special exception For FWBDs unable to meet the minimum eligibility criteria for holding events, staff proposes an allowance of up to four by right educational events per year, provided that attendance at any event would be under 200. This is consistent with the by right allowance for agricultural operations to hold up to four educational events per year. Staff circulated the proposed ordinance to stakeholders on November 4. Comments received to date by stakeholders and staff's response to these comments are summarized in Attachment G. BUDGET IMPACT: Staff does not anticipate that the proposed ordinance amendment will result in the need for additional staff or funding. RECOMMENDATION: Staff recommends that the Commission recommend approval of the draft ordinance found in Attachment A. ATTACHMENTS: Attachment A: Draft Ordinance Attachment B: Resolution of Intent Attachment C: June 14 Joint Work Session Staff Report Attachment D: Seotember 13 Plannina Commission Work Session Staff Report and Action Memo Attachment E: Summary of FWBD Accident Data Attachment F: Legal Memo on Minimum Road Standard Attachment G: Summary of Stakeholder Comments on Proposed Ordinance COUNTY OF ALBEMARLE STAFF REPORT AGENDA TITLE: ZTA 2016-3 Farm Winery, Brewery and Distillery Events SUBJECT/PROPOSAL/REQUEST: Work Session on Farm Winery, Brewery and Distillery Events Zoning Text Amendment STAFF CONTACT(S): Amanda Burbage, Amelia McCulley, Greg Kamptner, John Blair, Scott Clark, Francis McCall AGENDA DATE: September 13, 2016 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: Over the past three years, changes to the Virginia State Code have prompted the Board to amend the County's regulation of activities and events at farm wineries, breweries and distilleries (FWBDs), most recently amending the Zoning Ordinance on December 9, 2015 to add regulations for farm distilleries that parallel those for farm wineries and farm breweries. 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 holding events in the Rural Areas coupled with the lack of a minimum agricultural product requirement to obtain a State Alcoholic Beverage Control ("ABC") license has raised concern about the potential for FWBDs to be established on sites with no connection to agriculture, contrary to the underlying purposes of the State's zoning laws, the Rural Area chapter of the County's Comprehensive Plan, and the express purposes of the Rural Areas zoning district. On March 2, 2016, the Board adopted a Resolution of Intent directing staff to work on a zoning text amendment to strengthen the requisite relationship between activities and events at FWBDs and their agricultural nature and to further evaluate the potential impacts associated with these events (Attachment B). In April and May, the County hosted four stakeholder roundtables with farm breweries, farm distilleries, farm wineries, farm cideries, and Rural Area neighbors to gather input related to issues associated with FWBD events. On June 14, the Planning Commission held a joint work session with the Board of Supervisors to provide direction to staff on three key issues that were the focus of discussion at the stakeholder roundtables: Establishing a primary agricultural use for event eligibility, Mitigating event impacts, and Grandfathering of existing farm wineries, farm breweries, and farm distilleries. The issues for discussion and the Commission and Board's direction to staff can be found in Attachments C, D and E. In response to the Commission and Board's request that staff seek additional input from Rural Area residents, an online survey was created and circulated via A -mail and social media (Attachment F). Over 250 individuals completed the survey, 85% of whom reported that they lived near a farm winery, farm brewery or farm distillery. In addition to the survey, staff met with the local Chamber of Commerce Agribusiness Roundtable and two area Ruritans Clubs to discuss event impacts and the County's proposed ordinance amendments to address them. While many of the issues that came up in the roundtables were reiterated in the survey responses, a number of additional regulatory issues came up that staff believes warrant consideration by the Planning Commission for potential inclusion in the ordinance amendment. These items are outlined in the Discussion section below. 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: Taking into consideration feedback from the last work session, staff has developed the draft ordinance found in Attachment A and summarized in the following table: 2 1 P a g e ZTA 2016-3 Farm Winery, Brewery and Distillery Events " Planted acreage must be crops used in beverage production and may include adjoining parcels under same ownership In addition to the provisions outlined in the proposed ordinance, staff requests direction from the Commission on whether any of the following should be included in the next revision of the draft ordinance. 1) Minimum Road Standard for Event Eligibility At the last work session, in response to concerns about roadway safety, the Commission and Board discussed the possibility of requiring that a minimum road standard be met in order for a farm winery, farm brewery or farm distillery to be eligible to hold events. Since that time, staff obtained accident data from Police suggesting no identifiable correlation between these uses and the number of traffic accidents occurring in proximity to them over the past five years. After exploring the possibility of using VDOT's minimum road width standard as a threshold for events eligibility, staff concludes that it would be impractical to apply such a standard due to the varying width and condition of rural roads, the variety of routes to access a particular site, and the arbitrary nature of establishing an area or distance to apply such a standard. The alternative of requiring a paved road surface raises additional concerns about encouraging the creation of more impervious cover in the Rural Area. In the absence of a standard that is feasible to administer, staff recommends that no minimum road standard be included in the ordinance amendment. As an alternative, the County could instead require a traffic study performed by a licensed engineer demonstrating that a site can be adequately and safely served by existing roads. 2) Traffic Management Plan for Events over 200 Traffic safety was one of the top concerns associated with events at FWBDs. A number of survey respondents favored requiring the use of a traffic control officer or transportation vendor to help mitigate traffic impacts associated with large events. Under current regulations, a traffic management plan has been required as a special use permit condition for events with over 200 attendees. Staff believes that codifying such a requirement would encourage FWBDs to plan well in advance about how events traffic will be managed. Staff recommends that a traffic management plan be required in conjunction with a special use permit for events with over 200 attendees. 3) Curfew for Outdoor Amplified Music Noise from outdoor amplified music was another primary concern of neighbors living near FWBDs. Current regulations require that such music comply with a 60 decibel daytime and 55 decibel nighttime limit when measured from the property line, which results in circumstances where a neighbor may continue to hear music as long as it is being played. A noise curfew after which outdoor amplified music at a FWBD event must cease would give neighbors the opportunity to enjoy quiet hours. Staff recommends that a curfew for outdoor amplified music at FWBD events be applied during nighttime hours (10 pm — 7 am). 4) Neighbor Notification with Zoning Clearance A number of survey respondents suggested that FWBDs should be required to notify neighbors if they plan to hold events. Although not currently a requirement of the FWBD zoning clearance process, the County does require neighbor notification for major home occupations and family day homes. Staff believes that requiring FWBDs to notify their neighbors in conjunction with the zoning clearance process would encourage direct CURRENT PROPOSED Farm Wineries, Farm Wineries Farm Breweries Farm Distilleries Grandfather Breweries & Existing FWBDs Distilleries (FWBDs) To Establish Events Eligibility: Minimum On-site Planted None 5 acres 5 acres 5 acres Yes Acreage* On-site Fermenting & Bottling None Yes Fermenting only Yes Yes Tasting Room with Regular None Yes Yes Yes Yes Hours Setbacks for Parking, Tents & 75' front/ 25' side/ 125' from 125' from property 125' from property For parking only Port -a -johns 35' rear property line line line " Planted acreage must be crops used in beverage production and may include adjoining parcels under same ownership In addition to the provisions outlined in the proposed ordinance, staff requests direction from the Commission on whether any of the following should be included in the next revision of the draft ordinance. 1) Minimum Road Standard for Event Eligibility At the last work session, in response to concerns about roadway safety, the Commission and Board discussed the possibility of requiring that a minimum road standard be met in order for a farm winery, farm brewery or farm distillery to be eligible to hold events. Since that time, staff obtained accident data from Police suggesting no identifiable correlation between these uses and the number of traffic accidents occurring in proximity to them over the past five years. After exploring the possibility of using VDOT's minimum road width standard as a threshold for events eligibility, staff concludes that it would be impractical to apply such a standard due to the varying width and condition of rural roads, the variety of routes to access a particular site, and the arbitrary nature of establishing an area or distance to apply such a standard. The alternative of requiring a paved road surface raises additional concerns about encouraging the creation of more impervious cover in the Rural Area. In the absence of a standard that is feasible to administer, staff recommends that no minimum road standard be included in the ordinance amendment. As an alternative, the County could instead require a traffic study performed by a licensed engineer demonstrating that a site can be adequately and safely served by existing roads. 2) Traffic Management Plan for Events over 200 Traffic safety was one of the top concerns associated with events at FWBDs. A number of survey respondents favored requiring the use of a traffic control officer or transportation vendor to help mitigate traffic impacts associated with large events. Under current regulations, a traffic management plan has been required as a special use permit condition for events with over 200 attendees. Staff believes that codifying such a requirement would encourage FWBDs to plan well in advance about how events traffic will be managed. Staff recommends that a traffic management plan be required in conjunction with a special use permit for events with over 200 attendees. 3) Curfew for Outdoor Amplified Music Noise from outdoor amplified music was another primary concern of neighbors living near FWBDs. Current regulations require that such music comply with a 60 decibel daytime and 55 decibel nighttime limit when measured from the property line, which results in circumstances where a neighbor may continue to hear music as long as it is being played. A noise curfew after which outdoor amplified music at a FWBD event must cease would give neighbors the opportunity to enjoy quiet hours. Staff recommends that a curfew for outdoor amplified music at FWBD events be applied during nighttime hours (10 pm — 7 am). 4) Neighbor Notification with Zoning Clearance A number of survey respondents suggested that FWBDs should be required to notify neighbors if they plan to hold events. Although not currently a requirement of the FWBD zoning clearance process, the County does require neighbor notification for major home occupations and family day homes. Staff believes that requiring FWBDs to notify their neighbors in conjunction with the zoning clearance process would encourage direct 3 1 P a g e ZTA 2016-3 Farm Winery, Brewery and Distillery Events communication with neighbors prior to events commencing and establishes a point of contact at the FWBD if concerns arise when events are occurring. Staff recommends that FWBDs be required to notify all adjoining neighbors in conjunction with the zoning clearance process and that they provide neighbors with an on-site point of contact for when events occur. BUDGET IMPACT: Staff does not anticipate that the proposed ordinance amendment will result in the need for additional staff or funding. RECOMMENDATION: Staff recommends that the Commission provide feedback on the draft ordinance and additional discussion items. ATTACHMENTS: Attachment A: Draft Ordinance Attachment B: Resolution of Intent Attachment C: June 14 Joint Work Session Staff Report Attachment D: June 14 Joint Work Session Action Memo Attachment E: June 14 Joint Work Session Minutes Attachment F: Rural Area Stakeholder Survey Results COUNTY OF ALBEMARLE STAFF REPORT AGENDA TITLE: ZTA 2016-3 Farm Winery, Brewery and Distillery Events SUBJECT/PROPOSAL/REQUEST: Work Session on Farm Winery, Brewery and Distillery Events Zoning Text Amendment STAFF CONTACT(S): Amanda Burbage, Amelia McCulley, Greg Kamptner, Francis McCall AGENDA DATE: June 14, 2016 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: Under State law, farm wineries, breweries, and distilleries ("FWBDs") are allowed to hold activities and events 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. Under State zoning laws, the County's authority 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. A summary of how the County may regulate these events and activities under State law can be found in Attachment A. Over the past three years, changes to the Virginia State Code have prompted the Board to amend the County's regulation of activities and events at FWBDs, most recently amending the Zoning Ordinance on December 9, 2015 to add regulations for farm distilleries that parallel those for farm wineries and farm breweries. 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 holding events in the Rural Areas coupled with the lack of a minimum agricultural product requirement to obtain a State Alcoholic Beverage Control ("ABC") license for FWBDs has raised concern about the potential for FWBDs to be established on sites with no connection to agriculture, contrary to the underlying purposes of the State's zoning laws, the Rural Area chapter of the County's Comprehensive Plan, and the express purpose of the Rural Areas zoning district. On March 2, 2016, the Board adopted a Resolution of Intent directing staff to work on a zoning text amendment to strengthen the requisite relationship between activities and events at FWBDs and their agricultural nature and to further evaluate the potential impacts associated with these events (Attachment B). In April and May, the County hosted a series of four stakeholder roundtables with farm breweries, farm distilleries, farm wineries and cideries, and Rural Area neighbors to gather input related to issues associated with FWBD events. Notes and a summary of the issues identified during the roundtables can be found in Attachments C & D. 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: Taking into consideration feedback on three key issues discussed at the roundtable, staff has prepared recommendations (in italics) for discussion and direction from the Commission and Board to help guide staff in the development of a draft ordinance. 1. Establishing a Primary Agricultural Use for Event Eligibility A central focus of the roundtable discussions was how to establish a primary on site agricultural use in order to determine eligibility for hosting activities and events. A number of approaches were discussed, including requiring some amount of minimum on site production, evaluating farm income relative to event income, or establishing an 2 1 P a g e ZTA 2016-3 Farm Winery, Brewery and Distillery Events alternative minimum standard that requires on-site agricultural production in addition to fermenting facilities and a tasting room with regular business hours. Although easy to administer, a minimum on-site production requirement alone, whether acreage based or percentage based, is problematic as it may disadvantage smaller producers, start-ups, or farm breweries and farm distilleries that lack adequate area on a single parcel to produce a majority of their own agricultural product. A number of producers stated that they obtained product from multiple owned or leased properties in order to achieve the quantities needed for production and that this was especially critical when crops were compromised due to frost or pest damage. Some thought that the County should consider planted acreage instead of producing acreage since a typical vineyard or orchard may take 3-5 years before it bears any usable fruit. An income based standard is challenging to administer since farm income varies from year to year and can include income from multiple properties. Some stakeholders pointed out that it is not unusual for event income to exceed farm income in the first few years, so capping event income based on farm income may inadvertently handicap legitimate producers who struggle to break even during their start-up years. Even if farm income was averaged over multiple years to account for annual fluctuations, industry stakeholders commented that many farms would be reluctant to share their income information. An alternative minimum standard which considers agricultural production both on-site and on owned or leased properties in addition to facilities for on-site beverage production and sales is more easily administered and provides flexibility for farms operating on more than one property. Class A Virginia ABC farm winery licenses require that a farm winery have a producing orchard or vineyard and grow a minimum of 51 % of their own fruit in addition to having facilities for fermenting and bottling. Limited brewery and limited distillery licenses lack an equivalent agricultural standard. Investment in facilities for fermenting show a financial commitment to the business above and beyond the expense of planting a field, vineyard, or orchard and obtaining an ABC license. The ability to hold regular tasting room hours is a metric of producing enough of one's own product to sell to the public on a regular basis. Staff recommends that a minimum standard be applied in establishing a primary agricultural use in order to determine eligibility for hosting events at a farm winery, farm brewery or farm distillery: 1. 51% of own product used in beverage production (including owned or leased properties within the Commonwealth) with a minimum of 1 producing acre on-site (for use in beverage production) *, and 2. On-site facilities for fermenting; and 3. On-site facilities for tasting/ sales with regular hours * Exemption from production standard may be granted: a) In the event of large scale crop damage due to frost, pest damage, etc. b) For farm wineries & cideries only, during first 5 years of operation provided that a minimum of one acre of vineyard/ orchard has been planted on site 2. Mitigating Event Impacts The most common concerns associated with activities and events identified at all of the roundtables included noise, traffic and roadway safety. While current regulations attempt to address these concerns with the requirement of a zoning clearance for outdoor amplified music and for activities generating more than 50 vehicle trips per day, there is still potential for events to impact neighbors, particularly when it comes to allowing an unlimited number of by right events of up to 200 attendees. Measures to address these concerns could include further restricting the use of outdoor amplified music, increasing setbacks for parking and outdoor activity areas, and capping the total number of by right events permitted per year. The County's regulation of events and activities at agricultural operations, a similar but distinct use in the zoning ordinance, provides for increased setbacks for parking, portable toilets and outdoor activity areas (75'/ 125' from nearest residence) as well as capping the total number of events per year at 24, regardless of size, with ability to exceed that number by special use permit. To address concerns about roadway safety, the County may choose to impose a minimum road standard to allow events at farm wineries, farm breweries, and farm distilleries. Staff has requested accident data from Police to evaluate whether the conditions of roadways serving these uses appear to be a safety factor. 3 1 P a g e ZTA 2016-3 Farm Winery, Brewery and Distillery Events The State Code requires a finding of substantial impact in order to regulate usual and customary activities of a farm winery, farm brewery or farm distillery. Provided that a finding of substantial impact can be made, staff recommends that the following changes be made to the regulation of events and activities at farm wineries, breweries and distilleries: - Outdoor amplified music by special use permit - Increase setbacks for parking, portable toilets and outdoor activity areas (75'1 125' from nearest residence) - Cap total number of events at 24/ year with ability to exceed by special use permit - Apply a minimum road standard for event eligibility (i.e. paved surface, minimum width for two cars to pass) 3. Grandfathering At the roundtables, industry stakeholders repeatedly emphasized the importance of grandfathering existing establishments from any change in regulation of events and activities, consistent with the County's practice in prior zoning text amendments affecting these uses. While most of these establishments would be entitled to vested rights to continue their operations as they were prior to adoption of new regulations, grandfathering more explicitly entitles these establishments to the privileges associated with the County's current regulations. Grandfathering of a use remains with the property and not with a property owner or an ABC license holder. Staff recommends grandfathering farm wineries, cideries, breweries & distilleries in existence prior to the adoption of the ordinance. BUDGET IMPACT: Staff does not anticipate that the proposed ordinance amendment will result in the need for additional staff or funding. RECOMMENDATION: Staff recommends that the Commission and Board provide feedback to staff to be used in the development of a draft ordinance and to schedule the draft ordinance for work session. ATTACHMENTS: Attachment A: How Localities May Regulate Activities and Events at Farm Wineries, Breweries, and Distilleries Attachment B: Resolution of Intent Attachment C: Stakeholder Roundtable Notes Attachment D: Summary of Stakeholder Engagement Findings AGENDA DATE: 3/2/2016 TITLE: ZTA 2016-3 Farm Wineries, Breweries and Distilleries Events SUBJECT/PROPOSAL/REQUEST: Resolution of Intent for Farm Wineries, Breweries and 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: Yes REVIEWED BY: Thomas C. Foley BACKGROUND: Under State law, farm wineries, breweries, and distilleries ("FWBDs") are allowed to hold activities and events 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 Board to amend the County's regulation of activities and events at FWBDs, most recently amending the Zoning Ordinance on December 9, 2015 to add regulations for farm distilleries that parallel those for farm wineries and farm breweries. 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, the growing interest in holding events in the Rural Areas and the perceived ease by which State Alcoholic Beverage Control ("ABC") licenses for FWBDs has raised some concern about the individual and cumulative impacts resulting from these activities and events. This concern is heightened because license requirements for FWBDs require little or no agriculture on site. This provides an opportunity for FWBDs to be established on sites with no connection to agriculture, contrary to the underlying purposes of the State's zoning laws, the Rural Area chapter of the County's Comprehensive Plan, and the express purpose of the Rural Areas zoning district. Under State zoning laws, the County's authority 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. 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: 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 ("ZTA") to begin in the second 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 ZTA is to strengthen the requisite relationship between activities and events at FWBDs and their agricultural nature, and to clarify how and to what extent activities and events are usual and customary at FWBDs, particularly at those FWBDs where there is little or no agriculture on-site. The ZTA also will ensure that the agricultural purposes of the Rural Areas are preserved, that FWBDs are able to continue as successful agricultural enterprises, and that possible adverse impacts resulting from activities and events at FWBDs are minimized. Certain by right activities of FWBDs, such as the 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 ZTA. Given the heightened level of public interest in this topic, staff developed a public engagement plan for this ZTA (Attachment B). In the plan, staff outlines roles and responsibilities of the Board and requests that the Board appoint one or two Board members as liaison(s) to participate in the community engagement process and to 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). Staff also recommends that the Board appoint one or two liaisons to participate in the community engagement process. ATTACHMENTS: Attachment A: Resolution of Intent Attachment B: Public Engagement Plan for Farm Wineries, Breweries & Distilleries Events ZTA