HomeMy WebLinkAboutZTA201600003 Public Engagement Documents Zoning Text Amendment 2017-01-18 Amanda Burbage
From: Doug Walker
Sent: Wednesday, January 18, 2017 7:49 AM
To: Amanda Burbage;Amelia McCulley; Mark Graham
Subject: FW: Keep Winery Curfew as is!
FYI
From: sandy w [mailto:swbrsauction@hotmail.com]
Sent: Monday,January 16, 2017 4:38 PM
To: Board of Supervisors members<bos@albemarle.org>
Subject: Keep Winery Curfew as is!
Dear Board of Supervisors,
I strongly oppose the raising of the curfew for events at wineries,etc(as mentioned in the amendment referenced in subject line)from 10
pm to 11 pm.
Excessive noise is already a concern for many of us living within earshot of these event venues. The only recourse we have is to either call
the event at the time of the noise OR call the county on Monday morning, both of which,to date,are not effective. The county needs a
certified decibel reading on the loud music at that time to determine a violation,which the planning staff has. However,they don't come
out immediately or work on weekends when the events(and noise)are happening.
It is frustrating to have our weekend evenings ruined by being subject to noise like we are living next to a bar in town. We really have
almost no control over the noise and continue to have our weekends evenings outside interrupted by blaring announcers, loud bass coming
from amplifiers and loud hip-hop music.Some nights we can clearly hear every word to every song--over 1.5 miles away! Once you call the
county on Monday morning, it is over and done and it is our word against the winery, brewery etc. because no decibel reading was able to
be taken at the time the noise occurred. So the violations continue. The beginning of each season brings a new round of frustrating
interactions with the winery.
We ask,you,the supervisors to keep the 10 PM curfew ALL nights of the week. If an event venue wants an 11 PM curfew,then they be
considered on a case by case basis. Further,this approval provides a mechanism for us,as landowners who moved here for peace and
quiet,to have a voice. If the County has received numerous complaints from neighbors about noise violations,they can use this
information to refuse an extension until the winery/brewery/distillery,etc.is in compliance.
Sincerely,
Sandra Williams
White Hall,VA. i►-�"/1S c� �1
tt
t r- 1 v �✓
1
Amanda Burbage
From: Ann Mallek
Sent: Wednesday, January 18, 2017 12:18 AM
To: Amanda Burbage; Greg Kamptner
Subject: questions to be asked about setback exceptions for wineries
Follow Up Flag: Follow up
Flag Status: Flagged
You have met with the Harks and I will use their effort as an example.
Under the proposed special exception for setbacks, would the SE be administrative if a list of qualifications were met? Or
a full blown multi month process? �.' {- „ SlC lUv 7
Items to be considered for an SE should be spelled out. d ' ` is
JV `cF— 1-1) ✓��v�-moi.. s
Topography
Wooded or other natural buffers under landowner's control
Utility easements wnv`l, rr114.11 c 1--vL 1)w Li-S S
Closeness of neighbors toG ice„ t
To me the 125 feet from the closest residence is important.
The setback from the road is less important to me than the side ones.
What other information can you provide about the specific decision process?
When the setbacks remove multiple acres from use for growing or parking, that is a burden on the landowner who has
challenging slopes or adjacent forest shade.
For parking lots, I do understand the need to protect neighbors from headlights and engine noise late in the evenings as
people leave. I expect the yelling and celebrating is even more intrusive.
Thanks for your help.
Ann
1
Amanda Burbage
From: Ann Mallek
Sent: Wednesday, January 18, 2017 12:11 AM
To: Amanda Burbage; Greg Kamptner
Cc: Tim Edmond; Daniel Potter
Subject: Questions I will ask tomorrow and requests for clarification
Follow Up Flag: Follow up
Flag Status: Flagged
Five acres of production question. Currently no waiver or exception proposed.
Orchards have higher production per acre due to thick planting regimens for trees. Is there an exce tion a business
which moves within the county, for example, Potter's Craft, if they have fewer than five acres in their new location?
They are concerned that if they finally find the new location in Albemarle, that they will have to comply with new rules
and orchard size even though they are producing thousands of cases on the fewer than five acres they have now.
The following clarifications can be considered as substitute pages or paragraphs after the public hearing tomorrow. 7
Page 2 in draft
Farm winery event
Need to distinguish better IN THE ORDINANCE that we are not referring t ag operations as opposed to entertainment
Add distinction used by ABC t at third partyus��acility is not operations,thus is an event to be regulated.
Page 5 item 5. Other events
Are you suggesting that the zoning administrator issue determinations about farming operations here? This is crossing
the line into right to farm and we need to stay away. The impact question should not come up if it is ag related.
This was moved from a by right section in an earlier draft into an eligibility section.This is not clear about reference to
the matrix of regulations or is truly by right.
How do these impact the existing wineries?
What is referred to as "other uses" which requires eligibility but refers to agritourism and wine sales? Again, there is
confusion.
Separating these paragraphs to clearly describe a regulated event or third party activity from the ag operations uses and
by right activities may help.
It is important that we not have ambiguity which will insert the zoning administrator into farming operations.This would
bring the general assembly down on us quickly and for no benefit.
Please find a way to institutionalize this determination below into the ordinance. UNCERTAINTY is not our friend here.
1. Definition of"farm winery event."
Activities such as a) CSA or wine club pick-ups; b) business meetings of the farm winery; and c)tours, tastings
1
and other informational and promotional gatherings with vendors, restaurants, stores and the like are not
considered farm winery events. These activities are all part of the normal course of business of the sales and
promotion of products associated with the farm winery{Sec 5.1.25 (a) (2)}. These activities do not constitute an
"event" as it is used within the term and regulations for farm winery events. Therefore, they do not trigger the
eligibility criteria.
2. "Other uses"
While this term may initially appear to be so broadly defined so as to include by-right operational uses (Sec.
5.1.25 (a)) and agritourism uses or wine sales related uses (Sec. 5.1.25 (b)), "other uses" in Sec. 5.1.25 (c) (5)
only relates to farm winery events (Sec. 5.1.25 (c) (5)). "Other uses" in Sec. 5.1.25 (c ) (5) is defined in the
context of Sec. 5.1.25 (c) and not the by-right activities. It is possible that there are other uses/activities that
relate to operational uses and/or to agritourism uses or wine sales that are not explicitly listed in the regulations
or even anticipated as usual and customary in current practices today. Those operational or wine sales uses
that are part of the normal course of business of the tasting, sales and promotion of the products associated
with the farm winery would be allowed by-right and would not be subject to the new event regulations
(eligibility and the like).
I understand why people are reading these items so carefully. I had to read them several times to think I understood we
were not crossing over into operations, but if others are seeing the same concern,we should fix it now.
The legaleze is always a problem. It makes sense to you, but with all the code references and multiple layers of
sentences, it is easy for people to get confused and fall victim to misrepresentation by those who are against this effort.
Thank you for all you have done to smoothly bring this forward. None of the suggestions I have are making anything
more restrictive,thus I feel they can be corrected tomorrow.
There are vultures lurking, looking for entertainment venues in the county.Timely adoption is important.
Ann
2
A ? ;w.alfa*..o ., y '%: ;;
EDWARD B LOWRY - Of Comae,
RONALDR TWEEL EDWARD R.SLAUGHTER,JR.
GARY W.KENDALL
JOHN V. � Refired
COX, �
JAMES P.COX,III i THOMAS J.1vUCHIE
M.BRYAN SLAUGHTER(VA,WV) Si ��1 LEROY R HAMLETT,JR.
1.GREGORY WEBB(VA,WV) CHRISTINE THOMSON
0.LEE I.IVINOSIONII II II ELIZABETH P COUGHT'ER
DAVM W THOMAS(VA,DC)
E KYLEMCNEW MICJ-IIEHAMLETT BRUCED RASMUSSEN
JASON P.SEMEN ATTORNEYS AT LAW (1946.2004)
JORDAN E.McKay(VA,DC)
LISA S.BROOK
ELLEN C BODNAR(VA,FL) 500 COURT SQUARE,SUITE 300 1 P.O.Box 298
BRITIANI L.LEMONDS CHARLOTTESVILLE,VIRGINIA 22902-0298
www.michiehamlett.corn
TELEPHONE:434-951-7200 FACSIMILE:434-951-7218
Direct Dial:(434)951-7233 Direct Fax: (434)951-6464 Email:bslaughter@michiehamlett.com
January 17,2017
Via E-mail arrrallek illaibemarle.or;
Ann H. Mallek
Albemarle County Board of Supervisors
P.O. Box 207
Earlysville, VA 22936
Re: Board of Supervisors Public Hearing—January 18,2017
Farm Winery,Brewery and Distillery Events Proposed Ordinance
Dear Ann:
In advance of tomorrow's public hearing on farm winery, brewery, and distillery(FWBD)
events, I wanted to offer some comments regarding the road standard issue. As you are aware, I
represent a group of county landowners who live along Ballards Mill Road who are concerned
about the safety of operating a commercial enterprise served by that narrow, gravel road. This
safety issue is not limited to Ballards Mill Road—the same potential danger would be present on
many similar roads throughout the County.
At the beginning of the County's study of the FWBD issue, one of the items under consideration
was minimum road standards in order for FWBD's to be able to hold events that were not
required to have a special use permit. Ultimately, staff concluded that such standards could not
be imposed because there was insufficient data to show the necessary substantial impact on
public health, safety, and welfare.
If the County fails to address the road issue in the proposed ordinance, it will be powerless to act
if a situation arises where a substandard road creates a substantial safety hazard as a result of
high traffic events being held at a FWBD. Accordingly, we have been working to create a
solution that would permit the County to retain the ability to address such a situation.
We propose that a new subparagraph(h)or(i)to 5.1.25, 5.1.57, and 5.1.59 be added to the
ordinance as follows:
The uses permitted in subsection(b) and (c)may be further restricted as to any
particular FWBD if the zoning administrator determines that those uses are
causing a substantial impact on the health, safety, or welfare of the public. Such
substantial impact may be the result of the particular location of the FWBD or its
gg�
January 17,2017
Page 2
surrounds, substandard access to the FWBD for the use(s) in question, or any
other characteristic of the FWBD or the permitted uses thereon. In the event such
a finding is made,that finding(or upon petition of any party aggrieved by the
failure to make such a finding) may be appealed to the Board of Zoning Appeals
pursuant to Section 34.3.
This language would reserve to the County the right to place restrictions on an individual FWBD
if the particular location or nature of the site creates a substantial impact to public health, safety
and welfare which would not otherwise have been present. Furthermore,this language does not
conflict with the Commonwealth's statutory scheme regarding FWBD's.
Thank you for your consideration of this proposal, and please do not hesitate to contact me if you
have any questions.
Sincerely,
41100..
M. Bryan Slaughter
MBS/all
cc: Remaining Members of the Albemarle County Board of Supervisors (by email)
Albemarle County Planning Commission(by email)
Greg Kamptner, County Attorney (by e-mail akazn.rtne iit be arlle.q )
Amanda Burbage (by emailtburbrtget 4ill c.m«rles )
g�.
9
,-- C- -1 . 0 .-y clk--2 „t 5 1,9,1.<4,,,,,v;,..--,1-,`P 1...."\
Y.1.....- Ce...,1,-.
cArt, - Sr'"1
p- v./L.4J- iS k2----(y, 0 A/1w -1-- C-°"..(24-1...5
5‘'-`- • Zoe-,7-.• vi-- _ (4 4c4-1,41u,)
• - :°,:. : '••
: -0; •
, •-:y(INETRAIL,/,,"
6,-e-% .-'4-;l.1.7(-c_ i —9
0
•?,'••.
cF or ANcE0'
..- .c't
01; .
January 16, 2017 3
Albemarle County Board of Supervisors _ 5_1F .15.,,,44....s.......1-2.—...„1--4,
401 McIntire Road _ ..,1*1 ( 1-7v11-
Sow-..,-- r
Charlottesville,VA 22902 pcq.)t, 1 ,s1- (--4 v1^-1-t.
— eAA-h Ke.J 1-9 K.r.(.0,-.3Q.---n,'
Dear Supervisors, 6
In preparation for the hearing on events at farm wineries, breweries and distilleries this
upcoming Wednesday,Jan 18th,the Monticello Wine Trail submits the following comments.
We appreciate the opportunity to work with the staff,the planning commission,and the
supervisors on developing the rules on establishing eligibility for events.We think you
have crafted a reasoned approach to a potential issue some of the supervisors saw
developing.
However,we have concerns on the remaining provisions,which at one point were
categorized as mitigating the effect of events, but seem to have developed into a list of
regulatory items for which no clear problem has been identified and which now venture
into the basic rights of farm wineries (even unrelated to events). We are quite concerned
these could have unintended consequences, not just for the wineries, but also for the
neighbors they seem intended to protect.They have moved beyond, in some cases,the
initial scope that the commission tasked the staff with working on,and on which we have
worked with the staff.
All four of these added provisions seem unnecessary.
1.The traffic management plan provision is now in effect through administrative action in
.,./e ., the required special permit for events over 200. t vL l‘t,-, ,),P 4--- i,--(..- ,-L Si-L i-o c--)---J-4---e--S i
c,,r,--r_A--r... 1 Su e.)
\VA(ves)C--
P" .I ' 2. The neighbor notification provision could cause as much confusion as it does foster
vo' jet- better communication. .-fe..-‘,1- tA)w,K--.1-,:c--e--l-,', 1-- `-'/ 01,-s k-e .)0 1"-k- 00" CX
sr•) 1 1
V s .;0.41.r t,f+ 41.• KO id tits._ 6,3. ; Ce.....V.,_ C..."..A-- fr•-- ‘)(.) C-P c-c..4 tj C lui,v
OV‘'
3. We had heard from the staff that since the last change to the noise regulations,there
have been virtually no complaints about amplified music-the last regulation seemed to
have addressed the problem. Why add layers of complexity to something that seems to be
working? A 'A ,,jig, y o-bv Lc_ A5 a rt_c ,t_
rs rt"...A_ 4-1_,', i i c____ c 0,--\_,,,,,...„ (yoe d. (,-,/ c...-vv-2-L-1
0---en_h.,.._
.
PO Box 244,Charlottesville,VA 22902 •www.monticellowinetrail.com— t ,..1)
e/11 -,4 i j",14,ts sc,_ 6,,,r--144.,-, c-1--
1, •
\ - —
pe \
,i ,,,..•
,11 0, ,0 „,..6.4.,,,,,,-ritF6.4,65,42,4444 cs,46,1,--a )
4-7,
74c r
.o.
TRA1Ls'..4,
'••••"
oF mAtAt,
cf-n
4. Finally,and of greatest concern to us,are the proposed new setback requirements.
These requirements requirements apply to all winery activities,not just events. In some cases,this could
limit a farm winery's ability to have a tasting room, or could start to affect where they need 1-f/-
to locate their tasting room,or even vineyard.These setback requirements are not general
to the county rural properties but targeted at the farm wineries (and breweries and VV '
distilleries).That would seem to butt up against the state by right use of the land for a farm ' -
winery. Not only that,but one could easily see a situation where harm is done not only to
the winery,but to the surrounding neighbors.Take the following example: instead of
straight drive into a parking lot within the existing setbacks,the extended setback could
cause a winery to build a driveway curving around (maybe even cresting a hill) an area
(say a tasting room) all the way to the back-given the nature of nature,this could be a 250
10,pt,
foot driveway or even more,not just 125 foot.This means more land disturbance than
would otherwise be necessary or reasonable (a"bad"),and could easily generate headlight
and gravel noise issues for neighbors that the straight in solution would not cause.
There are cases where the setbacks might benefit the neighbors,but there seem to be as ptct RS()
many cases where it would harm them.We don't think a problem was identified,and we do
think this is exactly the type of rule that will have unintended consequences.
We are recommending that the county drop the four provisions not in place for
establishing eligibility for farm events. If specific problems are identified in the future,we
again would be willing to work with the county to develop workable solutions. We do
want farm wineries not only be viable rural businesses,but good neighbors as well.
Thank you for the opportunity to comment
JedSanders
6l
Board Member, Monticello Wine Trail
PO Box 244,Charlottesville,VA 22902 •www.monticellowinetrail.com
VWC Comments: Albemarle Planning Commission
December 6,2016
Mr. Chair and Members of the Commission,
Thank you for the opportunity to address you all this evening.
My name is Katie Hellebush and I serve as the Director of the Virginia Wine Council.The VWC
represents the Commonwealth's more than 250 farm wineries, cideries, vineyards and orchards.
We serve as the Virginia wine industry's representative on legislative and regulatory issues, and
provide value to Virginia's wine industry through education and advocacy efforts. In fact 30 of
these farm wineries are members of your local Monticello Wine Trail with a number of
additional farm wineries in the surrounding area abutting Albermale County.
The Virginia Wine Council continues to have baseline questions regarding this ordinance.
Therefore VWC cannot support the draft ordinance as recommended and outlined within the
staff report for the following reasons:
1) The question of what you as a body are trying to resolve remains unanswered. Once
again, the Virginia Wine Council asks—what problem is there that you are trying to
solve?
2) The ordinance is broad in nature, addressing farm wineries, limited breweries and limited
distilleries—all of which are distinct operations and licensed separately by the Virginia
ABC and defined separately by the Code of Virginia. Why is it that you are addresses all
three of these entities as farm operations when there is a clear distinction between farm
wineries and limited breweries and distilleries? Our farm wineries are defined as such in
the Code of Virginia, requiring a percentage of the fruits or agricultural products used by
the farm winery to manufacture the wine to be grown or produced on such farm and in
Virginia.
3) As a prerequisite to holding events, you include that a tasting room with regular hours
must be open to the public. The Council recognizes that this may pose a challenge for
those farm wineries that choose to operate by appointment only as a business model.
This certainly should not preclude them from taking part in normal and customary
activities and events.
4) You've also included a curfew for outdoor amplified music (10 pm—7 am Sunday—
Thursday, 11 pm—7 am Friday and Saturday). Again,the Virginia Wine Council asks
why and for what purpose?
5) Finally, regarding the 200 person threshold requiring a traffic management plan and
special use permit, the Virginia Wine Council would like clarity on exactly whom this
captures? Special event attendees only? Staff?Traffic Management?And others who are
on property for business purposes?
In brief farm wineries and cideries are a long-standing and important sector of the agriculture
economy of Albemarle County. The mission of the Virginia Wine Council is to represent and
promote the Virginia wine industry, farm wineries and cideries, and commercial wineries. We
support the definition of a farm winery as outlined in the Code of Virginia. As an industry, we
are currently engaged in an industry-wide discussion about this very issue of land use and farm
winery rights ourselves. With all due respect, we would ask that you let us, the Virginia wine
industry, continue to hold discussions about the future of our industry and to respect, and gather
information from our process before you place a new set of regulations on our industry without
rhyme nor reason.
There is no rationale to develop a restrictive, unconstitutional ordinance to address an
unidentified problem. Furthermore,this proposal in no way promotes a thriving agricultural
industry in the county.
I thank you for this opportunity to provide comments and look forward to speaking with you
further and to receiving answers to our questions.
{Fit ... N ```. ERrnsE FORUM
04,,,,,,,„,it.„4,.
,..,,,w,
I.I...„...J,_,
vz,r, L.:
1._,.---- L
November 22, 2016 V✓4 �vYL 1441,7• ( is
Albemarle County Planning Commission p—IAA i C)\- -
401 McIntire Road �
Charlottesville,VA 22902 vl Z p Sl,+ 7 ,P4.-1:
`�`�.
0.
:r2„
Dear Commissioners, ,,e,_
I sincerely appreciate the early draft of the proposed Wi -ry/Brewery/Distillery ordinance. As most of v4, v'`
you are aware, in addition to my work for the Free En -rprise Forum, I have been active in the Virginia t° �,,v""` {�
Wine Industry for well over a decade. \,-- C v„4'''"
While I have several specific concerns that I wi outline below. There are two overarching, related and
somewhat philosophical questions that rem. n regarding the ordinance formation:
1) Is it best to address breweries and distilleries (with their very different agricultural components)
in the same manner as wineries and cideries?
2) What is the problem you are trying to solve?
L.,..,Lt
The first question is relatively straight forward. The Free Enterprise Forum strongly believes wineries i�1.._� t v.5•)/(`'".
and cideries should be regulated separate and apart from distilleries and breweries. In addition to their .er`5
significant differences in agricultural demands, breweries and distilleries have different business �,l `
13
challenges than wineries and cideries.
G ��
,moo While the seeming convenience of legislating these solutions together may seem to make sense,the
specific tactics and ordinance strategies to achieve the very same goals seem to be very different ",`L
between these different alcoholic beverages. We encourage you to remove the breweries and distillery v .''' -
sections of the new ordinance and regulate those separately utilizing different, more appropriate ./‘-‘"" ./d)v
criteria.
,
Regarding question number 2, based on my understanding of the original intent of the ordinance was to
tie agricultural production to the ability to hold events. I fear the ordinance as drafted has exceeded the
original intent and moved into dictating winery operational decisions. While we understand the concept
and intent of the tasting room requirement we fear it has significant unintended consequences.
• Section 5.1.25 c.1(ii) states the facility must have "an on-site tasting room with regular hours in
which it is open to the public".
550 Hillsdale Drive, Charlottesville VA 22901 434.817.2380
434.962.0847 www.freeenterpriseforum.org neilPfreeenterpriseforum.org
The market reality we see is an "appointment only"winery(where tastings must be scheduled in
advance) has significantly less impact on its neighbors and is a proven business model in other parts of
Virginia (RDV, Boxwood)and the country. At last count, Napa Valley has 280"appointment only"
wineries. Why would Albemarle want to discourage this less intensive business model from having the
right to host events? +1",-1-1 oL- � - 1 - J:,, :,., 0 vo ?�� I--, z_t
Other language in the same section is duplicative of State Law. P5 GL-,
Section 5.1.25.1(i) "requires on-site fermentation and bottling processes" h—wli�h r St�(i
it is our understanding that this is already required under the ABC regulations governing farm wineries.
There is no value to this superfluous regulation.
The final question in this paragraph is the last line.
Notwithstanding any other provision in this chapter,the eligibility requirements of this 6(1'4'
subsection (C)(1) may not be waived, modified or varied by special exception
This seems overly onerous considering the many business model variations we have witnessed over the
last ten years in the beverage businesses. One could contemplate a winery owner with not adjacent 3
Albemarle County property that vastly exceeded the acreage requirement but was precluded from Of' �
hosting events on the parcel that made sense for public health,safety and welfare due to adherence tothat vi
madline of ordinance language. Wouldn't allowing such a special exception remedy this type of ✓`
situation and preserve not only the landowner rights but also the public protections intended?
At the joint meeting between the Board of Supervisors and the Planning Commission, we heard a
consensus of support regarding the 11 pm curfew for amplified music. Imagine our surprise when the
consensus curfew had been changed by staff to the exception (Friday and Saturday) rather than the rule. k�-
, L�wa S
Section 5.1.25.1(e)(4) Times of day when amplified music is prohibited Sound generated by v �`�v �S
outdoor amplified music is prohibited between 10:00 p.m. each Sunday through Thursday night
and 7;00 a.m.the following morning, and between 11:00 p.m. each Friday and Saturday night G
and 7:00 a.m.the following morning.
We fully believe the existing sound ordinance is the proper manner to regulate noise. In addition,
Sunday weddings make up roughly 20%of some venues business. These venues have contracts signed
literally years in advance of the events. It is our understanding that these provisions will NOT be
grandfathered for existing operations.
We do not believe Albemarle County wishes to(or has the constitutional power to)force wineries to
break existing private contracts that were entered in good faith. The Free Enterprise Forum believes an
11 pm curfew Friday,Saturday and Sunday works well and recognizes current market conditions.
In addition,the way the ordinance suggests calculating winery attendees is of grave concern.
Section 5.1.25.1(c)(2)"By Right Farm winery events,weddings,wedding receptions and other
uses are permitted by right at a farm winery provided that not more than two hundred (200)
persons are in attendance at the farm winery at any time and the uses are related to agritourism
550 Hillsdale Drive,Charlottesville VA 22901 434.817.2380
434.962.0847 www.freeenterpriseforum.org neil@freeenterpriseforum.org
or wine sales ... Section 5.1.25.1(c)(2)(4) "Determining attendance at the farm winery at any
time. The attendance at the farm winery at anytime under subsections (c)(2) and (C)(3) shall be
the aggregate of the actual or allowed attendance at anytime for any farm winery event,farm
brewery event farm distillery event,wedding,wedding reception, and other uses."
We believe this calculation is an error and unenforceable—we agree event attendees should be limited
to 200 persons (without a special use permit) but as we read this provision you are including guests in
the tasting room, employees in the vineyard and in the winery as well as catering and clergy in the
attendance calculation. We believe the desire of the commission and the board was to limit a property
that had multiple licenses(brewery,winery and distillery)from hosting"three" events with 200
attendees each totaling 600 attendees—we concur that such a use would raise the intensity to the level
of a special use permit but this language does much more than that and needs to be revised.
In conclusion,the Free Enterprise Forum understands Albemarle County's intent to tie agricultural
activities to the ability to hold private events. We also recognize the balance Albemarle is seeking to
strike between neighboring parcels and agricultural beverage producers.
Albemarle is blessed to have a significant wine industry and to be a part of the Monticello American
Viticultural Area (AVA)which produces more than 1/2 of all the wine in the Commonwealth. The
economic impact of events on the community as well as the wineries was well expressed in the first
public input session. It is our hope that these constructive suggestions help make the proposed
Albemarle ordinance more equitable and enforceable for all concerned.
I would welcome the opportunity to discuss these concerns with you directly; please do not hesitate to
reach out.
Respectfully Submitted,
te-
Neil iamson, President
cc: Amanda Burbage
550 Hillsdale Drive, Charlottesville VA 22901 434.817.2380
434.962.0847 www.freeenterpriseforum.org neil( freeenterpriseforum.org
November 22, 2016
To Albemarle County Members of the Board and Planning Commission:
Thank you for giving me the opportunity to comment on the draft proposals on
Ordinance No. 16-18 concerning the Farm Winery-Farm Brewery- Farm Distillery Zoning Text
Amendment. I would like to provide some backcloth information before commenting on specific
recommendations.
1.Adventure Farm: If I might briefly review our history to provide some context for our
comments on the proposals. As you may know, we are a 4th generation vintage family farm
owned and managed by women. The vineyard and tasting room blend into the meadows,
woodlands and ponds forming a rich natural biosphere where produce, wildlife and farm
livestock thrive. We have been a 500+ acre family farm since 1950, mainly raising livestock and
crops.
We planted the farm vineyard in 2006 and initially sold the grapes to local winemakers
but subsequently became a farm winery, with Adventure Farm wines made solely from our
estate grown grapes. The tasting room has become a popular local resource for our community
and for visitor to Virginia. We are a farm that offers not only wine and a vineyard but livestock,
farm produce and traditional farm festivals and events.
2.Farms and the economics of Vineyards and Wineries. If Virginia is to continue to grow as
a sustainable wine industry any new regulations need to consider the impact that such
regulations will have on the growth and profitability of the various models of farm wineries and
vineyards that are currently in situ. As you know from the 2015 report on the cost and
profitability analysis of Virginia vineyards and wineries (1) the startup costs are "extremely
capital intensive requiring large capital outlays and at least five years (but sometimes up to eight
or more years) of funding working capital and inventory before break-even profitability can be
achieved. "
For a startup vineyards, the average costs per acre are likely to be $15,000 and only those
with significant acreage (30-40 acres) and high yields and quality grapes are likely to show
returns on investment.
For a startup Farm Winery the average startup cost will be considerable and $2,000,000
has been reported as the average sum. A winery is likely to face increasingly difficult times
buying quality Virginia grapes in competitions with other wine makers.
A combined Vineyard and Winery will need at least 20 acres of grapes to start with and
further 20 acres and the development of events and other facilities to obtain both income and a
higher level of retail wine sales.
3.Traditional Virginia Farms may wish to develop wine products in addition to other forms
of farming but will likely struggle with the very significant capital and working funds required to
develop a vineyard and farm winery.
This seems to me to be a missed opportunity in the light of the development of custom
crush facilities. A partnership between a custom crush facility and the farm provides excellent
opportunities for the farmer to grow Virginia grapes, develop the wines that s/he wishes to retail
and provide events which are both about farms (in the wider sense) and wine. Once profitability
is established the farmer may then move on to creating the wine making facility on the farm.
If more flexible opportunities are not available to farmers the wine industry will become
one that is available solely to individuals and corporations with significant capital to invest and
some winery's will become simply an arm of the hospitality industry.
4. Specific Comments of the proposals.
As a prerequislle Lu hoiding events, on-site fermentation/distillation and bottling (on-site mobile
bottling facilities are acceptable)
AF response-if on site mobile facilities are acceptable why is the use of a custom crush facility not
acceptable for fermentation and bottling for farm wineries?This would provide opportunities for
farmers to grow crops of grapes and develop into full on farm wine making over time as finances
allow. There is surely room for generic farms to fully participate in the growing wine industry in
partnership with custom crush facilities as an addition to the current farm winery model
Adjoining neighbor notification with zoning clearance application including an on-site point of contact
during the event(s)
AF response-If a farm is hundreds of acres and the site to be used is not near neighbors what purpose
could a neighbor notification possibly serve?
As a prerequisite to holding events, a 5 acre on--site minimum planted acreage of agricultural product(s)
used in beverage production. Product(s)grown on adjoining parcels under same ownership may count
toward the minimum acreage.
AF response-The small acreage requirement of 5 acres seems incredibly small for sustainable
vineyards when research tells us that financially viable operations need over 10 acres. Why five acres?
Grandfathering of farm wineries, breweries and distilleries established prior to the date of ordinance
adoption for all above provisions.
AF response-Strongly support
5.1.25 b, agritourism sales permitted by right
AF response-but where permitted?Just the vineyard and tasting room or does it include the whole
farm area?Can events be held anywhere on the farm in the pursuit of agritourism, wine sales and
special education or is it restricted to the direct site?
Special Licenses for events that are 200+ pct,:; -'
AF response-If the farm winery is an integral part of a larger farm (400+acres)and the farm can meet
all the requirements required for a special license for an event of over 200 people why can a biennial
special license not be issued?This would reduce the inputs required by both the farm and the county
and would enable a more straightforward event planning system.
In summary, I would request that the Albemarle County Members of the Board and
Planning Commission consider the small farmer and the effect policies may have on retaining
open spaces in our county. As a small farmer, I am attempting to make farming a profitable
business in order to:
• Pay Albemarle County property taxes
• Provide a living income for my family
• Maintain and improve infrastructure and equipment needed to farm (fencing,
barns, tractors, vineyard equipment, etc.
• Improve the quality of the land through sustainable farming practices
• Provide open space for wildlife and raising of livestock and crops
• Keep open spaces and farming in our community which contributes to the
environment and quality of life for those who live or visit the area
• Keep the farm in the family as long as willing hands exist to take on the work and
lifestyle
In order for the farm to be a viable business, we must be able to have as much flexibility with our
business as allowed by law. We would like for our By Right abilities to be as unrestricted as
possible. In farming today, it takes a combination of many tools to survive, whether that be crop,
produce or livestock production, wine sales on site, seasonal farm and wine events, weddings,
tasting room events, etc.
Please consider the needs of small farmers, the significant financial pressures they face and the
end goal to preserve farmland and open space while contributing to the agritourism economy of
Albemarle County.
I look forward to the discussion at the meeting on the 6th of December.
Yours Sincerely,
Andrea S. Matheson,
Farm Manager
Adventure Farm
1135 Clan Chisholm Lane
Earlysville, VA 22936
434-466-3989
andrea@adventurefarmvineyard.com
Amanda Burbage
From: Bill Pritchard <bpritchard@b-h-a.com>
Sent: Monday, October 03, 2016 6:52 PM
To: Planning Commission
Cc: Board of Supervisors members; Amanda Burbage
Subject: ZTA-2016-00003 Farm Winery, Brewery & Distillery Events
Importance: High
Follow Up Flag: Follow up
Flag Status: Completed
Dear Planning Commission members,
Having attended the County Planning Commission work session on September 13th regarding the captioned, and having
reviewed the Action Memo issued on September 20, I wanted to ask that you give some thought to the following items
that I don't think were adequately addressed at the work session.
Road safety:
I was pleased to see that the commission directed staff to get more accurate information on the types of roads current
facilities are sited on. It is my understanding that the vast majority of facilities are in fact on paved roads with good
access, and that only a very few are on substandard dirt roads.This is very important because so much of the measure
of"current satisfaction" comes from those facilities on good roads. If many of these facilities are on paved roads, or
wide well maintained gravel roads, then the value of the accident data as a measure of what the impact would be on
substandard roads is flawed at best.
Please keep in mind, the concern is the growth of these facilities on small rural gravel roads.The increase from the
current resident only traffic to "event level" or"commercial level" traffic is where the impact will be quite significant.
When asking that VDOT minimum standards be applied, I believe what we really want to address is the width of the road
as well as sight lines.VDOT has measurements for these that are part of their approved standard, and would be the best
way to avoid siting facilities on roads that would quickly become dangerous. Blind curves and roads where two cars
cannot pass without one being in a ditch are not appropriate for commercial use.
When the Albemarle County police officer spoke at the work session, several distinct problems arose.The first was with
regard to traffic accidents related to wineries. He advised that as requested by Mandy he looked at accidents near
wineries, and only found six such accidents in the last year. When asked if they related to the wineries themselves, he
said the only way to tell was to review the accident file, and even that might not yield the data as accident participants
may not admit to having been at a winery.
Two obvious follow up questions were not asked.
1. The first was why didn't the officer look in the accident files to see what they said. There are only six after all so
that couldn't be too difficult.
2. The second was to ask how many accidents in the County last year involved alcohol.This does not mean they
happened at wineries necessarily, but certainly points to drivers who are impaired, a significant impact of winery
traffic on a community.
The answers to the above should help give a clearer picture of the impact of these events on local roads.
Noise:
I was pleased to hear that the Commission is requesting a curfew on amplified sound, even at 11:00 PM. I do think,
however,that the entire issue should be revisited.There is so much anecdotal evidence of this being the largest point of
neighborhood friction that I don't understand why we are not pushing harder to be proactive. I brought this issue up in
my comments at the meeting, and mentioned Keswick as an example of how bad it could get.The owner spoke later and
commented on all the steps he took to reduce the impact and eventually find balance with his neighbors. He described
extensive sound baffling, directional speakers, indoor facilities, etc. So we know that is what it took to reduce
complaints, but we are not requiring anything like that with this ordinance?Why in the world are we not pushing for
these things now, instead of forcing people to suffer through years of stress and litigation to end up at the same place?
If we know what works, why not just require it now?
I was also concerned about the comment made by the Albemarle County police officer regarding noise. He stated that
there were only two noise complaints related to wineries in the last year. Mandy Burbage then stepped in and reminded
everyone that noise complaints related to wineries are actually zoning issues, and complaints would be filed with the
zoning department.She then also explained that the Albemarle County police track noise complaints based on the
address of the complaining party, not the source of the complaint. So the noise complaints the officer referenced where
apparently at wineries about other parties.The officer confirmed that just a few weeks ago they got a complaint at a
home for noise from a winery that was one and a half miles away, and it was registered as being at her address.
Two obvious follow ups on the part of the Commission members would have been to ask Mandy how many noise
complaints had been received by the zoning office, and how many noise complaints the Albemarle County Police
Department had received in perhaps a one-mile radius of all wineries/distilleries/breweries.
Before deciding noise is not a problem, we really need to know these things.
Overall impression that things were working well:
There seemed to be a feeling expressed by the Commission members that things were going pretty well with these
ordinances as they stand. I'm sure that rises in part from the fact that thankfully no one yet has been seriously hurt in a
car accident tied to a winery event in the County. I think two other things have made the Commission somewhat
complacent about the need for this ordinance.They are:
• The survey seemed to indicate that the majority of people are satisfied with the current winery environment we
have. As Mandy mentioned,that was not a "scientific survey". I called to ask if there was a mechanism to
prevent people from responding twice. I asked my BOS member and an attorney I know, and both said they
thought there was. I asked Mandy however, and was told there is not.There was nothing in place to prevent
someone from responding over and over again to the survey. Obviously there is no specific reason to think
people would do that, either for or against the ordinances, but regardless,that means the survey should not
even be considered as representing what people think about the issue. It really has no value in the conversation
as it could so easily have been corrupted.
• When getting a feel for those who spoke, I was struck by the fact that every member of the community who
spoke who was not either a facility owner or someone who made their living from them, was in favor of
controlling these facilities more closely. 100%of them spoke about the concern for the impacts on our rural dirt
roads and noise. Residents spoke of spending$60,000 trying to build sound buffers on their property. Others
spoke of real life experiences with event traffic on their roads. No one stood up and said they had a facility as a
neighbor and it was great. Not a single person who was not in the employ of a facility had a positive thing to say.
2
It seems clear that there is growing concern in Albemarle County with the impact of these facilities, and that now is the
time to do as much as possible.
Substantial Impact:
I asked an attorney friend what the definition of"Substantial Impact" was, and he replied that it's what keeps attorneys
getting paid. It is not defined anywhere, and is constantly argued. After attending the work session, I would have
thought it was based solely on traffic fatalities. I know that is not the case, and I would ask the Commission to consider
the following as they reach a determination of what is a "Substantial Impact":
• Road hazard needs to be considered. No one wants to wait for an accident to happen before we do something
about irresponsible siting of facilities on roads that cannot handle the traffic that a commercial venture
generates.This is very simple math: A (alcohol) plus B (bad roads) equals C (catastrophic event).The only
question is the timing.
• Wear on the road and associated wear on resident's vehicles.The VDOT engineer started answering this
question at the work session and then got distracted.There is significant wear and tear on gravel roads that is
exacerbated by the number of cars traveling them. This wear and tear translates to the vehicles of resident that
traverse them daily. I know from personal experience that this is true, and measurable. Having to get your car
aligned every two months instead of once a year is costly, and just one example of what worn out roads do.This
does not even begin to measure the cost to the County for grading and graveling, which would have to be done
far more frequently. These are real impacts that would be made significantly worse with increased use.
• Impact of noise on the neighborhood. This is a measurable issue. You are talking about people's ability to enjoy
their properties in the manner they are used to.The sounds of drunken revelry day and night will have a huge
impact on that for many people, and clearly already does for some based on the work session.
• Impact on property values.Again, this can be argued many ways, but you cannot convince me that I'll be able to
sell my farm someday if there is a bar next door. I didn't move to the County to live next to that, and I can't
imagine anyone else would want to.
These are measurable and real impacts. While none on its own rises to the level of a tragic traffic accident, in the
aggregate they create a significant impact on the community in which the facility is located.
I appreciate your continuing efforts on this issue. My hope is that we can make this ordinance as strong as possible now
while we have an opportunity. Thank you for your time.
Sincerely,
Bill Pritchard
4149 Ballard's Mill Rd
Free Union,VA 22940
3
Ann Craddock Albano and Albert Albano
2995 Montgomery Road
Shaker Heights,OH 44122
abcalbano@gmail.com
September 12,2016
Members of the Albemarle County Board of Supervisors
By email to bosPalbemarlecountv.org
Dear Members of the Albemarle County Board of Supervisors:
Thank you for the initiative,forethought,determination,and fortitude to work towards an ordinance for farm
wineries,breweries,and distilleries in Albemarle County.We are writing to ask that you add an additional eligibility
standard criteria to the ordinance:a minimum road standard.This should include the suitability of construction
and geography and the consequential safety of the road for heavy trafficking, large vehicles including service
trucks,vans,and busses,and driving by people who are completely unfamiliar with the vagaries of the road and
who probably have consumed alcohol.
Albemarle's beautiful small,winding,and historic country roads,whether paved or graveled,are a particular and
highly valued aspect of the rural character of Albemarle County that many of us who live and own property there
and who use them for recreation wish to preserve.These same roads are not the ones on which wineries etc.open
to the public and permitted to host public events,as concerts, parties,weddings,and the like,should be located.
Even those with an intimate familiarity with these roads are not infallible.On a spring visit to our property,Ann
was driving our small pickup truck at about 10 miles an hour on a sharp turn on a familiar road when the back of
the truck kicked out on the loose gravel. If anyone had been coming the other way,an accident would have
ensured.Years ago,a man who grew up and lived all his life on Browns Gap Turnpike struck his own adult daughter
head on while rounding a blind curve of that road and killed her.The tricky situation of these roads,paved or
graveled,is that one must drive towards the center of the road to avoid driving on the shoulder or into the deep
side ditches and,therefore,must slow and pull well to the right at every blind curve and sharp hill crest in case
there is an oncoming vehicle, particularly a speeding one. On our gravel road, Blufton Mill,we have had many a
near miss or pulled into the ditch when encountering strangers,usually illegal hunters from other states in large
pickup trucks who have no knowledge of the topography of the road.
Please add a minimum road standard to your county criteria.Considerable numbers of strangers,often in large
vehicles,some of whom have consumed alcohol,who are traveling to and from a winery etc.to service,visit,or
attend a hosted event on a narrow,winding,or substandard road,are a public safety hazard to themselves,to all
the winery neighbors,and to anyone else using the road.
Thank you for your consideration of this request at your meeting tomorrow.
Sincerely yours,
Ann Craddock and Albert Albano
Property owners on Blufton Mill Road
Comments on 9/2/16 Draft FWBD Events ZTA
Setbacks
I don't think 125 feet set back is near enough for tents and such. I think 500 feet would be more in order.
"..a 500 ft(or more)setback separating any"existing" residential home(s)from any band, public
address systems, loud speakers, music broadcasters,etc etc..."
Grandfathering
I propose that existing wineries not be grandfathered for most of the proposed regulations, but be given
a grace-period in order to comply. I would think a 5-yr grace period would be sufficient, but a 10-yr
period would be generous.
Minimum Road Standard
For roads I think there needs to be discussion about minimum width of entrance road, minimum line of
sight distance around tight turns and depth of culverts (measured as crown of road minus the bottom of
the deepest culvert) to assess safety of the road.
Other
Could this clarify also food truck setbacks and hours?Also procedure for neighbor input on any
extension of hours?
Is there any way to handle the application similarly to Special Use Permits - letters sent to
neighbors along with a county drafted document outlining what a winery license permits by right,
and a meeting held to educate neighbors about the applicant's intentions. The ABC notice
placed such that it is visible to neighbors. Somehow extend the objection period longer than
30 days. Maybe the neighbor notifications should be handled prior to filing for the
license. Maybe the letter and meeting should be handled prior to ABC application.
LN v,C•cs S l Uv-z 1�Q W_
P
V (711
/
May 29, 2016
Thank you for allowing me the opportunity to participate in the roundtable meetings.This was a
good opportunity to speak about the issues and concerns we have as rural residents of Albemarle
County. As more and more people are interested in starting wineries, breweries and distilleries it is
those that abuse their rights that hurt the industry as a whole.At the forefront of all interests it is the
county's responsibility to provide guidance to Preserve and Protect our rural lands, encourage
agriculture and keep Albemarle residents safe.
All legitimate wineries currently use events as a secondary tool to promote their products.
Someone that is abusing their winery license would want to promote their event not their product.
It would seem that if we could regulate a minimum of 60%of a winery's income from the
production and sale of wines only, any other event generating income would become secondary.
Another alternative would be a correlation of fruit bearing acres on premises or/and leased to the
amount of events allowed.
Tastings and other by right activities should be to promote your wine. Only your wine should be
served as the only alcohol beverage at all your activities. Your wine should be clearly marked with your
label. Most people visiting a vineyard are expecting to taste that vineyards products. If caters are used,
they should only be allowed to serve the vineyard's product. It seems impossible for someone to start a
winery(April 1) and in its very first year to start holding events on May 1 to promote their wines. It takes
three to five years to begin harvesting your planted vines.
Safety for all residents in Albemarle county. No tastings or events should take place at the
vineyards that is located on a dirt road or on a four digit road number. A satellite location should be
used for tastings or events. Blind curves, washboards, potholes, deep drainage ditches, one lane bridges
and barely enough room for two vehicles to pass makes many of these roads unsuitable for any kind of
additional (sober) traffic.These dirt roads are recreational outlets that many city and county residents
seek.They are mentioned in the Ragged Mountain Running Shop Suggested Runs and the Daily Progress
Daily Run series as some of the county's most scenic and natural roads to run or bike. The lack of cars
makes this a safer option for many families to walk, run, bike and enjoy nature and encounter historic
landmarks along the way.The increase traffic on dirt roads will eliminate the use by pedestrians.These
roads are on a very short list as one of the few remaining places representing what Albemarle County
once was.
No amplification of sound at the vineyard or satellite locations. Tasting, gatherings, events
should be a place people can get together without disturbing neighbors. This could be enforced by
installing a sound meter at all locations. Neighbors would have some recourse if noise got out of hand.
By allowing vineyards to open who do not grow their own grapes it creates shortages in the
grape markets which drive up prices and hurts those vineyards that are already in existence.This is a
real concern for the entire state of Virginia as well as across the country. Any new vineyards should be
s h
able to supply all their Virginia grapes (50%)from their property. Anything else such as leased land or
purchasing from other vineyards will impact the industry as a whole.
It is hard to make all parties happy. Legitimate wineries would not have a problem with any of
these suggestions. The wineries want to promote their product and live in harmony with their
neighbors. The sooner we can provide guidance the quicker we would be able to stop those that are
trying to circumvent the system.
Thank you for your time.
Sincerely,
Monique Pritchard
Amanda Burbage
From: Lonnie Murray <murray4albemarle@gmail.com>
Sent: Monday, April 25, 2016 1:04 PM
To: Amanda Burbage
Subject: Brewery Roundtable
Follow Up Flag: Follow up
Flag Status: Completed
As the County reviews it's policies regarding breweries, I'd like to submit a few suggestions:
• Given that water use is one of the biggest resource concerns, I'd like to see water conservation
specifically included in the special permit criteria. For example, I'd love to see more breweries take
advantage of rain water capture and cisterns, at least to water their landscaping, flush toilets, etc.
• We need something approaching a "by right' water use... The average water use per home is 67,806 gat
per year. That would be a good baseline. Any use less than that per development right should be
permitted. Any use greater than that should demonstrate how it is conserving water on site or elsewhere.
• If breweries are going to be included in the rural area, they should be located outside of conservation
cores and corridors, and/or demonstrate how they are protective of natural habitat and plant cover (i.e.
use native plants in landscaping),
• Approvals should be objective and performance-based, so that high-quality conservation oriented
applications can breeze through approvals, and only borderline applications need be subjected to a more
detailed review.
1
I'd like to start by thanking the representatives of Albemarle County's' community development and
zoning departments for taking the time and making the effort to address this issue. I recognize the work
that has gone into this process, and am thankful that I live in an area where the concerns of residents
are taken seriously.
I would like to go on the record stating that I am actually pro agriculture. I truly believe the agricultural
history of our county has shaped our rural communities, and that the pristine beauty that accompanies
most agricultural settings is why we face the challenges we do today. I chose to live where I do today
specifically because the only thing around me was agricultural in nature. I researched it,verified it,
tested it, and finally decided to move to it.
As to the specific issues at hand. I believe that the farm winery, brewery and distillery statutes leave
room for abuse through the by right event provisions. (For the sake of simplicity, I will refer to the
aforementioned triumvirate as "farm facilities" going forward.)This is an issue for every corner of
Albemarle, not just my particular road. It can happen in North Garden or Keswick, Ivy or Shadwell. It
could happen in Crozet, Batesville and Earlysville. Given what we've seen in other parts of the state,this
has clearly become a huge growth industry, and one with a checkered reputation for integration with its
surrounding communities.
While the vast majority of these operations appear to hold true to their agricultural roots,some are
growing their eventing businesses in a disproportionate way.They are getting so large that they
outweigh the actual farm facility operations.These events appear to be where the neighborhood friction
comes from, as they are often centered on large gatherings, amplified or live music, dramatically
increased vehicle traffic, trash, pollution, etc.
Anyone who lives in a community zoned rural, and who is surrounded by large farms, expects
agricultural noises and related traffic.That's tractors in the field, farm trucks and fertilizer deliveries on
the roads, the sounds of cattle or other livestock, etc. Loud music, drunken conversation, and weaving
cars are not part of what we expect.Where a winery or distillery could be a low impact, bucolic
neighbor, given the lax statutes it can turn into a road house tavern, at least as far as those that live in
the community are concerned.
I recognize the complexity of controlling by right events when there are legitimate reasons for them. It is
encouraging that the county has the ability to define what a farm facility is, as that presents a potential
to control events and differentiate between legitimate agricultural endeavors and disruptive party
palaces.
Some of the features that I feel would be legitimate ways to define a farm facility would include the
following:
Amount of crop grown on the property:
I feel that it is legitimate to expect the majority of agricultural product produced be produced on the
actual property. Anyone who is generating most of their product off site should not meet the definition
of a farm facility.The place the crop is grown should qualify. A method for addressing seasonal
variations would be needed, as would a way to address multiple physical locations, but in no instance
should a farm facility be one where few crops are grown, harvested, or used in the product being
produced by the business.
ti •
Farm facilities should not have amplified sound.There is no agriculturally sound reason why it should be
required.
Noise control
Farm facilities should be required to do a noise survey before receiving their license, and if they plan to
hold any public events, have a plan in place to address ongoing monitoring and measurement.This
should include base line testing by an independent consultant and provisions for ongoing monitoring.
The assumption that a wine tasting is a benign event is not reasonable.
Consistency with agricultural intent
Events held at a farm facility should be consistent with the agricultural endeavor. Wine tastings are
traditional winery events while weddings have no relationship to the core business. Crop mazes make
sense at farms that grow and sell crops like corn, pumpkins, etc.
A potential definition of a farm facility could be something like:
A farm facility is defined as an agricultural facility where the product sold is derived from the
crops grown on the site, and where greater than 50%of the income of the business is generated
by the sale of that product.Additionally, farm facilities are those with commercial grade road
access on paved surface roads. Farm facilities are not those that utilize amplified sound in their
operations, and are required to have an independent noise survey conducted prior to starting,
and to have ongoing sound monitoring in place.A farm facility is one that only has events that
are consistent with the agricultural intent of the property.
It is my hope that the county will use the power available to it in the state legislation to protect our rural
neighborhoods.The county has zones deemed appropriate for commercial uses, and zones set aside for
rural agricultural use. Preventing commercial events from overwhelming agricultural operations will be a
major step towards preserving what has made our county so special.
Thank you,
Bill Pritchard
4149 Ballards Mill Rd
Free Union, VA 22940
I am a native of Charlottesville and Albemarle County and an event planner working
throughout the state of Virginia. I have been in business for 16 years and have watched
Central Virginia and its tourism and events industry grow from the ground up. I have not
only been the event planner, but the client(mother of the groom three times) as well as a
venue manager.
Other than UVA,tourism and events are the biggest industry in this area. Other large
industries have not been allowed to invade our town due to many regulations and
restrictions. We have seen an abundance of event related businesses building at a rapid
pace.
I am also a county resident living in the rural area on a small farm and I have seen my
share of neighborhood issues over the years. We are here today because many of our
neighbors in Albemarle County are not in support of our wineries and other related
businesses hosting weddings and events on their properties. Events and weddings are
helping these properties stay in business without selling out to developers. I can tell you
that I would much rather have these responsible land stewards much like the King Family
next door to my farm than someone who might sell their land off into a development to
look like Old Trail or even Glenmore.
Some of these neighbors are concerned about traffic and buses. Would you rather have a
potential of a few charters over the weekend or be bombarded by numerous school buses
five days a week? And the mini-vans and contractors are 365 days a year. The
transportation companies we work with are responsible....they have to be or they won't
be in business for long. The key is to work with the established companies and have
some control on who is working with these venues. And that means staying local with
those familiar with the properties, and at the same time keeping the dollars in our
community. We have all the resources needed to do so.
Going forward....our venues and vendors should be kept on task and to use King as an
example again, my company has worked this venue numerous times. If there is even a
hint of the host or planner leaving the door open while music is playing, we are called out
immediately to remedy the situation. We are not allowed to hire musicians with any
amplified music outside of the enclosed building....even a harp. The Schornbergs at
Keswick Vineyards are continuously finding more solutions to be neighborly....by
building sound barriers and controlling traffic.
I work in other counties where the neighbors embrace this type of development because it
brings jobs and tax revenues without the challenge of schools, fire and police support,
along with straining water supplies and quality. It means their views and countryside are
protected. We can find ways to work together and all of us can be content.
Barbara Lundgren
Gilmers Mill Farm
434.531.3247
Barb Wired LLC
Name (optional) A-V {'` C° Rr Email (optional) (-00k..Q.,/ (k (, C-014,L
Please circle the category that best describes you:
Albemarle County reside Farm Winery/Cidery Farm Brewery Farm Distillery
Prospective Farm Winery/Cidery/Brewery/ Distillery Other
5-4-1-- CAJC —
What brought you here today? 1^-01--✓� 0
e->r I ��e hc�, Yet-
-k ,�v v�C� h cv t4z ; I� Pte/ I '�
S, t1. LA" i ,+ irvjai45 M1 -�-a I mot twee5
One of the fundamental purposes of the Rural Area outlined in the Albemarle County Comprehensive Plan is
to support agriculture and agriculture based businesses like farm wineries,farm breweries, and farm
distilleries. One of the current challenges the County faces relates to ABC licensing which requires little to no
on site agriculture in order to obtain a farm winery, limited brewery, or limited distillery license. If Albemarle
County were to require a minimum amount of on-site agriculture in order for a farm winery, brewery or
distillery to be eligible to host actiyities or events, what riteria do you think should be considered? A-
��
is •41A-,t1a rl-itDe �5 fG ( & Z t w,
pry , ) 1 vv e + )1(-01 i AA-Li/Du-42. eLp,ryc-1 �C p
.e-v .
For many agricultural based businesses, events serve as a means of generating supplemental income for the
farm, but it is important to ensure that impacts associated with these events are not negatively affecting
neighbors. Typical concerns associated with large events in the Rural Area include traffic and noise. What are
your greatest concerns(� about the impacts associated with farm winery,farm brewery or farm distillery r,�,/
e e nts? -�,� c.c-1"c_ rv0-i 5 I w c�c� fvL. { kit V L i"5 G"�- 17f a c Cl-f"`
,tj L � v; vL LL a . t �- nnG'YCUYv�—
,vuL,C c,� z r� h w.. a rut a,( au r v kiLs d---
V exLi <-tmr-r-.ti4\ Li.1(_L_ ra-L & s a..,-IL
The County currently requires a zoning clearance for outdoor amplified music or farm winery, brewery or
distillery events generating more than 50 vehicle trips or located on parcels smaller than 21 acres and a
special use permit for events with more than 200 attendees. What else do you think the County should do to
ensure that events and activities at farm wineries,farm breweries and farm distilleries are not disruptive to
neighbors or to public safety? -Pre (�;L(��;{ {- .F;�_� Ywc-5ri
L- ' Lp o--c-Let--14— -- I-t,�� -t a arc a + c
ct- L¢,2. co: va-ii-e5 , ,�-
o h e t k. 5 e-e-a.0-2 s to cam, 1L ►tit -va-17s\c:
Is there anything else you think Albemarle County should consider in its regulation of events and activities at
farm wineries,farm breweries and farm distilleries?
'
CANA-CL +Li-.5 -{ v 4-- w t\ ,E�n�f v� tics. w Yz`�-� „-� i -' e-- c^
cure a t�'i Lt e- �`k Cj`tai V c 'l 4-41 a_c5 - ,k>4.)
GC�n,1,w� ,rr c oc1L d i v t
'� 2-t� 1
4-{ (US e-, Thank you for your feedback!
SM
ti1,J t),; I1 a 2 e Cvw � cu / (1 i s4t.ktS
-p Olt c.a. r2 5 � Avti Si bL w P�t1?. � .-IZ+
a(avJk - 5 M Ld ' lea,dt_ �=
BOB BRECI 7/24i6
Args AA 111 (),a 0^1 E DkAr
2 Actiti
W; g' 11/01,41g47, 1^'9
;s`I
o^) 12,0 q S (4e)0.v o 1-1/(er
916 i,/L/.Sge OU A/4 0$4 Ji_Mo o Ov'
'LA (LV 4o (4.)) 0 ,,9 Gd'
1141 dL Al 11 it) /./((P rotA
k' 60 (.- 0( ,y64.7'oft✓ n:f
/4 /14 04. wM a4,rof , r Me i' /.
d'A /6 Aliki;cv/t< /4.4)6 .
tri l 0D ( moved 7/hr ovA 04,44-
20n a ; /04 J 3 5/ rift alll 6iticsw;�-.ve
0 /1 A7 6 41 II tik 00 V77 C 4141
ILO Mf.
./k/ MA( f14/ o� /'f i y wor
0 J WA.
w g v't tl v vH /AMA t i.ie l r( w?~"(
or) /Arc p4K 11-1( GD✓,4i7
NARRATIVE
ALBEMARLE COUNTY GRAVEL ROADS
1. The most commonly used shuttle buses for weddings
and events would accommodate 24 guests. The shuttle
buses are 34 feet long, 10 feet wide, and 10 feet high.
2. Many county gravel roads are best described as a lane
and a half road as opposed to a two lane road.
3. Some of these roads are also characterized by banks,
ditches, and steep drop offs which do not allow vehicles
to maneuver outside the confines of a narrow road.
4. Vehicles meeting and attempting to pass a 10 foot wide
shuttle bus would require a lot of caution ... in too many
places it would require extreme caution.
5. In a number of places the shuttle bus and other vehicles
would not be able to get by one another without
retracting their outside mirrors.
6. In other places the road may simply not be wide enough
for two vehicles to pass each other.
7. When two vehicles meet head on in a place where the
road is not wide enough for each vehicle to sneak by
one another one of the vehicles must back up ...
sometimes for a considerable distance until a wide
enough space on the road to pass each other is found.
8. Wedding event guests, and support staff traveling to
and from the event would probably consist of 6 shuttle
buses, 15 private vehicles for the wedding party, and
guests not choosing to use a shuttle ... and another 18 or
so vehicles for support staff and professional vendors.
9. It is estimated that a large wedding event would consist
of 35 to 40 vehicles on the day of the event (70 plus
vehicular road trips).
10. In addition there would be an abnormal amount of
traffic of vehicles setting up and tearing down on the
days before and on the day after the event itself.
11. Local residents learn the road and how to safely
navigate its substandard conditions. It would be
irresponsible to put unfamiliar drivers and traffic on a
narrow gravel road not suitable for it.
12. The result would be the creation of a hazardous driving
safety issue for both guests and residents.
Per the event planner, if shuttles/buses are used, the new trip count might likely include:
EVENT - assume 150 attendees/participants (not including support staff)
150 - 30 (those who won't be using bus) = 120 6 buses
Wedding party and others not riding on bus -
bride/groom/family/bridesmaids/grooms/ushers 15 vehicles
Support Staff-
caterers 3 vehicles
wait staff 2 vehicles
bar tenders 2 vehicles
minister 1 vehicle
photographer I vehicle
videographer 1 vehicle
hair dresser/makeup artist/dresser 3 vehicle
band/musicians 5 vehicles 18 vehicles
Total vehicles day of event = 39 * 2 = 78 road trips
Per the event planner, if no shuttles/buses are used, the new trip count might likely include:
4
Page 1 of 1
Subj: Re: Waterperry
Date: 2/18/2015 11:37:29 A.M. Eastern Standard Time
From: aol.com
To: Nbreciaol.com
Nancy—Time Disposal stopped servicing our area sometime last year after being unable to pass other cars and
)7_ getting stuck in a ditch on Ballards Mill.
I was run into another ditch on Ballards Mill when a car came towards me too quickly, coming over a hill and was
avoiding potholes, swerving into the middle of the road. As we all do on a daily basis! She was driving too fast,
and I had to swerve to miss, ending in a ditch. Anyone who is unfamiliar with our road is likely to cause a similar
situation.
I sent all my letters last week, those to Scott, Katherine, VDOT and Ann were certified, return-receipt. All but
Katherine's have had receipts returned. I'm putting another directly into her mailbox today. I'm sure that
household is not eager to receive any certified mail!
I included a note to the Loehrs with my letter, have not spoken to them in person. I doubt they would put anything
in writing, but maybe they would show up when we needed bodies at a meeting.
Hegemiers loved my letter, agreed with everything, but I think they are in a tough situation—right next door is a
hard place to start a war. I believe they are NOT in favor, but also not likely to take a stand as strong as ours.
Has anyone else written letters, other than you and I?
Amy
Jeff Lowell
3646 Ballards Mill Road
Free Union, VA 22940
434.823.1648
2 February 2015
Dear Katherine and Olin:
My wife, Amy, and I own a few parcels of land on the corner of Ballards
Mill and Blufton Mill totaling almost two hundred acres. I'm writing to
you regarding your application for a special use permit to allow you to
host 24 weddings and events per year, with between 150 and 250
guests permitted. My wife and I are most strongly opposed to this
heavy commercial use of the land in this clearly residential area. I'll go
into more detail, but we have safety, ecological, quality of life and
property value concerns.
Before I launch into those, I do want to say one of the more distressing
things I came across was your website announcing that the property is
already open for events, and advertising it by showing an event you've
already hosted.
From your website at www.waterperryfarm.com: "Having opened our
grounds to the public several years ago for garden tours and a very
memorable benefit for Women for Women International, we are now
happy to announce that we have begun hosting weddings."
(Emphasis mine.)
To go into our specific concerns - first off, safety. Ballards Mill Road is a
a_ small gravel road, in many spots too narrow for two cars to pass safely,
v with large drainage ditches in some spots. My wife was once run into
the ditch, many times a year we'll come across other people stranded
after a similar event, we had one trash collection company stop
servicing us because they also ended up in the ditch... In short, this is a
road that's already a safety issue without the extra traffic load your
events would impose.
Page 1 of 1
Subj: the e-mail I sent to John Craft
Date: 12/11/2015 9:50:30 A.M. Eastern Standard Time
From: pavne08@sbc.edu
To: Nbreci(aaol.com, iim.childressCalodcm.com, denise.zito(a�gmail.com, jwparcells(c�gmail.corn
Please write TODAY if you haven't done so!! Addresses are:
john.craft anabc.virginia.bov,
bos(a�a lbemarle.orq,
planningcommission(cr?albemarle.orq
Barbara Payne
4146 Blufton Mill Road
Free Union, VA 22940
pavne08(a..sbc.edu
I would be happy to attend an administrative hearing.
Dear Mr. Craft,
I own property near Katherine Kane's property on Ballards Mill Road. Although I live on Blufton Mill Road, the two
roads are roughly parallel and my property is actually closer in proximity to Waterperry Farm than many properties
on Ballards Mill Road and thus would be as negatively affected by noise, lights, etc. as her close neighbors on
Ballards Mill. I would also share the problems with traffic. The traffic alone is a huge factor in my objection to this
project. I have had many near misses with drivers unfamiliar with our narrow gravel road over the years even when
our road has been in the best of shape. Conditions are even more difficult after heavy rains which cause the road to
rut and become slippery enough to make it almost impassable. My son was edged off the road as a teenager into a
deep ditch by another driver. Most wedding guests, vendors, etc., will undoubtedly be directed by their GPS's to
travel the entire length of the road from the south end, which is long and treacherous. Ballards Mill Road is
completely unsuitable for the kind of heavy traffic a wedding venue would bring.
My husband and I bought our property because of its remote location and we have loved the peace and quiet we
have found here for the past 23 years. That is not to say that we object to our neighbors' ordinary agricultural and
country pursuits. We have skeet shooting next door on Chapel Springs. A stand of sunflowers is grown every year
by other neighbors for dove hunting in the fall. We allow deer hunters on our property. There are fox hunters and
beaglers in the neighborhood. We are happy about these activities; they are in keeping with the rural nature of our
area. An event business, on the other hand, is not a rural activity and, while I believe that it can figure into a broader
agricultural pursuit such as grape growing and winemaking, grapes did not figure into Katherine Kane's original plan
and growing a few grapes and selling wine may conform to the letter of the law but it does not conform to the spirit of
the law which, in my understanding, is to allow an agricultural enterprise to make extra income by bringing in
visitors. Waterperry Farm, since it has been in Katherine Kane's hands, has never been an agricultural enterprise.
I am sympathetic to Ms. Kane's desire to have a business on her property, but given that she has a relatively small
piece of property in close proximity to many neighbors on a narrow gravel road, I don't think it is appropriate, and
indeed, I think it would seriously degrade her neighbors'quality of life. Thank you. Respectfully, Barbara Payne
Sunday, January 24, 2016 AOL: Nbreci
Page 1 of 4
Subj: Fwd: OBJECTION TO WINERY AT WATERPERRY FARM ON BALLARDS MILL ROAD
Date: 12/7/2015 3:36:44 P.M. Eastern Standard Time
From: idudinsky( icloud.corn
To: Nbreci(ceaol.com
Begin forwarded message:
From: Jane Dudinsky <jdudinskyga icloud.corn>
Subject: OBJECTION TO WINERY AT WATERPERRY FARM ON BALLARDS MILL ROAD
Date: December 7. 2015 at 1:05:38 PM EST
To: iohn.craft E abc.virginia.gov
Cc: bos@albemarle.org, PlanningCommissionalbemarle.org
RE:
Dear Mr. Craft,
It appears that once again Katherine Kane is
attempting to destroy the character of our
neighborhood by applying for a license to operate
a "winery" on Ballards Mill Road. This is another
of her attempts to circumvent the rules
purely for personal gain . This venture
would benefit nobody but Ms. Kane
herself.
First of all, Ballards Mill Road is a steep, narrow gravel
road, too narrow in some places for two vehicles to
pass. On one side, there is a steep downhill cliff with
nothing to prevent a car or truck from sliding down into
a steep, deep ravine. I was once driving my truck,
pulling a horse trailer, on Ballards Mill
Road. In passing head-to-head with another truck, my
Sunday, January 24, 2016 AOL: Nbreci
Page 2 of 4
trailer slid off the road on its way down the cliff. The
only thing that saved us was the trailer sliding into a
tree. Nonetheless, I had a trailer lying sideways with
two horses inside. The undercarriage of the truck was
hung up on the edge of the road with its back wheels
hanging in the air.
In another case, a friend was driving a pick-up truck on
a section of Ballards Mill near the Davis farm when ,
passing another truck (mine), her truck
slid sideways into the drainage
ditch. Again, the undercarriage of her truck was
hung on the edge of the road. We tried to pull the
truck out with our truck, then with our tractor, and
finally our backhoe. In the end, we had to call a tow
truck.
Another incident that I recall was what is
now known as "the case of the stolen
CocaCola truck. " It went off the road into
the sink-hole by the roadside, then wiped
out two sections of our fence.
How many cars and trucks will be driving in and out of
Ms. Kane's "winery"? How many visitors, not familiar
with our narrow dirt roads, will steer slightly just too
close to the edge? The entire vehicle will follow,
perhaps in a section where there is no tree to stop the
fall into the ravine.
Sunday,January 24, 2016 AOL: Nbreci
Page 3 of 4
So what's the answer? Paving Ballards Mill Road and
installing guard rails at the taxpayers' expense?
Secondly, our neighborhood is a quiet one with big
farms, small farms, and a country residences. There is
no place here for a commercial venture with the noise
and traffic generated by an unlimited number of public
events with up to 250 people per event. The weddings
held at this "winery" would be like most
weddings: loud music, loud voices and lots of
alcoholic beverages late into the night.
In addition, I wonder if Ms. Kane's septic system can
handle the waste from such large gatherings of people.
Third, many of us here have put our land into
conservation easements (myself included: 188 acres
held by VOF). We do this to ensure that our part of the
county remains scenic and quiet, promotes diversity
of species, and provides a haven for wildlife. Ms.
Kane would undermine our efforts for nothing but her
own personal gain.
Finally, who would want to buy a country property near
this "winery" and put up with the noise, traffic, and
commotion generated by Ms. Kane's public events?
The answer is "nobody." What will that do to property
values?
Finally, if Ms. Kane succeeds in getting this permit,
why can't we all do it?
I will attend any and all administrative hearings related
to this winery license and will speak publicly if
Sunday, January 24, 2016 AOL: Nbreci
Page 4 of 4
necessary.
I am grateful for your time and attention to my
letter. Thanks so very much!
Sincerely,
Jane Dudinsky
Severn Farm
3878 Blufton Mill Road
Free Union, VA 22940
434-823-2712
jdudinsky a@icloud.corn
Sunday, January 24, 2016 AOL: Nbreci
Page 1 of 1
Subj: Waterperry Farm Opposition
Date: 12/10/2015 11:35:24 A.M. Eastern Standard Time
From: JDudinsky(cr�dudinskyassociates.com
To: iohn.craftcr,abc.virginia.gov
Re Opposition to issuance of a farm winery license
Waterperry Farm LLC
4284 Ballards Mill Road
Free Union, VA 22940
Ms. Katherine Kane, owner
December 10, 2015
Dear Mr. Craft,
As a long time resident of Free Union, VA., I want to express my strong opposition to Ms.
Katherine Kane's application for a farm winery license and commit to attend any ABC public
hearing into this important question. My opposition is based on deep concerns regarding the
public safety hazards which Barn Weddings would create on Ballards Mill Road if Ms. Kane
were granted a winery license.
For many decades, I have jogged, hiked, cycled and driven on Ballards Mill Road and know it
well. It is an extremely narrow, unmarked, unlit, gravel and dirt road with numerous steep blind
turns bordered by deep ravines. In the 1751 Joshua Fry Peter Jefferson Map of Virginia,
Ballards Mill Road is identified as a primitive "Wagon Road ". It has changed little since the
18th century and can not be used safely by the heavy traffic which would be created by Barn
Weddings at Waterperry Farm. An important factor which compounds the public safety threat
on holding Barn Weddings on Balards Mill Road is Alcohol. Mixing the heavy drinking common
at Barn Weddings with an unsafe, backwoods "Wagon Road " will lead to a DWI tragedy.
During the past 3 years, I am aware of 2 cyclists who have had serious accidents due to the
unsafe nature of Ballards Mill Road. In one case, a cyclist collided with a car. In the second,
the cyclist was forced off the road and into a deep rivine due to the narrow, unstable gravel
road.
The ABC is a trusted guardian of the Commonwealth. I respectfully urge you to put the public
safety interests of the Free Union community before Ms. Kane's interest in financial self gain.
Thank you for your consideration on my views on this important issue.
Sincerely yours,
John Dudinsky
3878 Blufton Mill Road
Free Union, VA 22940
jdudinsky(a�dudinskyassociates.com
434-823-2712
Sunday, January 24, 2016 AOL: Nbreci