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File#: 15-407 Version: 1 Name:
Type: Zoning Text Amendment Status: Public Hearing
File created: 11/12/2015 In control: Board of Supervisors
On agenda: 12/9/2015 Final action:
Title: ZTA-2015-00002.Farm Distilleries,Farm Breweries,and Farm Wineries
1.ROI AttA,2. 15-407 10-20-15 PC Report AttB,3. 15-407 10-20-15 PC Report Attach C,4. 15-407 10-20-15 PC Report (Attach D,5.15-
Attachments: 407 10-20-15 PC Report (Attach E),6. 15-407 10-20-15 PC Report (Attach F),7. 15-407 Att G PC 10 20 2015 minutes.pdf,8.15-407 PC 03 17
2015 minutes Att H.pdf,9.15-407 PC 05 12 2015 minutes Att I.pdf, 10.14-407 PC 08 11 15 minutes AttJ.pdf 11. 15-407 Att.K Ordinance
Executive Summary
AGENDA DATE: 12/9/2015
TITLE:ZTA-2015-00002. Farm Distilleries, Farm Breweries,and Farm Wineries
SUBJECT/PROPOSAL/REQUEST: ZTA-2015-00002.Farm Distilleries,Farm Breweries,and Farm Wineries
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley,Walker, Davis,Kamptner,McCulley,Cilimberg,MacCall
PRESENTER(S): Francis MacCall
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C.Foley
BACKGROUND: Last year,the General Assembly adopted new legislation that limits a locality's ability to regulate activities associated with limited(farm)
distilleries. Virginia Code§15.2-2288.3:2 became effective July 1,2015 and is similar to prior statutes that apply to farm wineries and limited(farm)breweries.
In response,the Planning Commission adopted a Resolution of Intent in March to initiate zoning ordinance amendments to ensure compliance with this new
legislation. The Commission held a work session in May regarding a proposed ordinance that would regulate farm distilleries in the County in a similar manner
as farm wineries and farm breweries.At its meeting on June 2nd,the Commission adopted a Resolution of Intent(Attachment A)broadening the focus of this
ordinance amendment to include farm breweries and farm wineries in addition to farm distilleries.
The Commission held another work session on this matter in August and decided to proceed to public hearing on the following: a)Proposed amendments to
address events at farm winery,brewery,and distillery sites holding multiple ABC licenses;and b)Requiring a zoning clearance when there will be more than 50
vehicle trips per day,or a farm of less than 21 acres for events and activities at farm distilleries,and/or for new farm breweries and farm wineries established
after the adoption of these revised regulations.
On October 20,2015,the Commission held a public hearing and recommended approval of ZTA-201500002(See Attachments B-G for the staff report,
attachments and minutes.See Attachments H-J for minutes from the other Commission meetings).
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: The proposed ordinance implements Virginia Code§15.2-2288.3:2 with regard to farm distilleries. The ordinance also establishes a regulatory
approach that is largely consistent with those previously adopted by the Board of Supervisors for farm wineries and farm breweries.
Further,this proposed ordinance provides additional requirements that address the substantial impacts of these uses.Those provisions are as follows:
1.Definitions for relevant terms;
2.Requirement of a zoning clearance for: a)events and activities at farm distilleries,b)new farm breweries and new farm wineries established after the
ordinance is adopted where 1)there will be more than 50 vehicles trips per day or 2)on a farm that is less than 21 acres.
3.Clarification that the total number of guests onsite at any one time for events shall not exceed 200 by-right,regardless of the number of ABC licenses on one
farm and/or the number of events at any one time.
After its recommendation to approve the ordinance amendment on October 20,the Commission also recommended that the Board proceed as rapidly as
possible with Phase 2 with the following two areas to be studied for further ordinance amendment:
1)Whether and to what extent the current condition of a road directly serving a farm winery, brewery,or distillery may be incorporated into the evaluation of
by-right events and activities at a farm winery,brewery or distillery;and
2)What constitutes a bona fide operation for farm winery,brewery or distillery uses. This is very similar to the issues identified by the Commission on May
12th which included concerns about cumulative impacts on roads,water usage,and the relationship of events to bona fide primary agricultural activity on-site.
On November 4,2015,the Board adopted the Community Development work program,which includes work on Phase 2 analysis of the farm winery,brewery
and distillery uses to begin in the 2nd quarter of 2017.
BUDGET IMPACT:Staff does not anticipate that the adoption of this ordinance would result in the need for additional staff or funding.
RECOMMENDATION:
Staff and the Planning Commission recommend adoption of the proposed ordinance(Attachment K)after the public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachments B-F: Planning Commission Report and Attachments from 10-20-15
Attachment G: Minutes from 10-20-15
Attachment H-J: Minutes from other Commission Meetings
Attachment K: Proposed Ordinance Amendment
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FWBD Events ZTA Team
9/30/16
1. Grandfathering—Need to accommodate a change of FWBD ownership on the same parcel (ABC
issues a new license when an establishment changes hands or moves to a new property).Also
need to discuss if it can work for Potter's in a new location.
,,/ • Clarify that grandfathering applies to the use in FWBD definitions
• Potter's to be addressed by revisions to subsection c and a by right allowance for up to 4
agritourism related events
2. Minimum road standards—Police data do not support a finding of substantial impact. Need to
discuss how to address at PH, possibly including a legal memo. Ann & Rick are going to push for
this.
• Difficult to regulate due to lack of established road stds and off-site conditions
3. Eligibility standards—Need to clarify what the standards apply to. Right now they apply to
everything from picnics to weddings.
ove b2, 9 & 10 to section C (separate out by right vs SP) and apply eligibility criteria only
to them
N.,vir.. Allow up to 4 educational or agritourism related events<200 attendees/yr by right
4. FWBD Events definitions—Our current definitions exclude weddings,which is confusing since
/3,r event eligibility standards apply to them.
t • Clean up based on changes to subsections b and c
5. Outdoor amplified music curfew—To grandfather or not to grandfather?
• No grandfathering
• Possibly apply delayed effective date if there are concerns
6. Other changes to draft ordinance
a., Clarify that ag production is "to be used" in beverage production. Make sure language
Vcan accommodate events at breweries&distilleries outside of the growing season.
b. Add traffic management plan for events over 200 C SI "'° s `` ' > — ci)
/c. Add curfew for outdoor amplified music(propose 10 pm—7 am Sun-Th, 11 pm—7 am
,/ Fri &Sat) ✓'d-
..„.„--d. Add neighbor notification w/point of contact to zoning clearance requirements - l- `i . 2-'
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Next steps:
Meet prior to legal ad deadline to review revised ordinance
Legal ad by—10/11
Draft ordinance by—10/17 (legal ad runs)
Staff report by 10/21
PC Public Hearing—11/1
Outcomes of Planning Commission—Board of Supervisors Discussion
Farm Winery, Brewery& Distillery(FWBD) Events
June 14, 2016
Direction to Staff—Primary Agricultural Use
• 51% requirement should apply to farm wineries, but not to breweries and distilleries.
• • Consider including lands under co-op arrangement in the 51%amount.
'7 • Consider a sliding scale for farm breweries and distilleries.
• Consider whether breweries and distilleries should be allowed to satisfy minimum ag product
requirement through other on-site ag uses not necessarily re beverage production.
v • 1 acre of on-site ag is too small, consider a higher number. s1-t
• • Exemptions for crop damage and for the first five years of ope • are reasonable.
✓ • On-site fermenting requirement is reasonable.
,/' • Consider adding an on-site bottling requirement with allowance for mobile bottling equipment.
• Tasting room with regular business hours is reasonable. Important to allow for flexibility.
Consider wording that distinguishes that hours are open to the general public.
Direction to Staff—Event Impacts
/ • No Special use permit for outdoor amplified music. Keep zoning clearance requirement and
continue to monitor to see if there are issues.
• No cap on the number of events—unfairly disadvantages new FWBDs.
• Increased setbacks especially important on smaller properties. Consider a uniform setback of
125' or greater. Allow for relief by special exception.
• Support a minimum road width standard adequate for two cars to pass.
• Concerns about a paving standard=may have unintended consequences that incentivize paving
rural roads.
Direction to Staff—Grandfathering
• Existing farm wineries, breweries and distilleries should be grandfathered from any change in
regulations. This grandfathering provision should extend to the construction of new buildings.
• Address how existing FWBDs who lease property would be protected.
Other Comments
• Concern about event impacts on smaller properties.
• Consider a scoring system based upon site specific conditions like parcel size, amount of on-site
ag, years in business, road conditions, parking, etc.to evaluate events eligibility and frequency.
• Would like to see RA accident data relative to growth in the number of FWBD. 11t Le-
• Would like more information on the typical number of events per year at farm wineries. MV JT
• Would like more information on the roads serving existing FWBD—are they paved? ..k•-•3-ve
°1 • Need more feedback from neighbors on impacts.
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