Loading...
HomeMy WebLinkAboutZTA201700004 Staff Report 2017-06-26STAFF CONTACT: William D. Fritz, AICP PLANNING COMMISSION: July 11, 2017 BOARD OF SUPERVISORS: TBD ZTA: ZTA 2017-04 Farmers' Markets ORIGIN: On May 3, 2017, the Board of Supervisors adopted a resolution of intent to amend the regulations for Farmers' Markets PROPOSAL: The proposal has two components. Adoption of either component may occur without the adoption of the other component. The first amendment is to Section 5.1.47. This amendment eliminates the requirement for a site plan.. The amendment allows the Zoning Administrator to determine the level of content necessary to adequately review the request. The amendment also provides an appeal process if the applicant objects to the level of information that the Zoning Administrator requires. The second amendment would make farmers' markets a use by right in the RA, Rural Areas and VR, Village Residential districts. This amendment would also modify the fee listing to reflect that the uses were by right: PUBLIC PURPOSE TO BE SERVED: Promotes implementation of the goals of the strategic plan. Specifically, "Rural Area Character: Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity". BACKGROUND: On May 10, 2010 the Board of Supervisors amended the zoning ordinance to include farmers' markets as a use by special use permit in the RA, Rural Areas and VR, Village Residential districts. At that time, the Board also amended the ordinance to allow farm stands as a use by right in RA, Rural Areas, VR, Village Residential and MHD, Monticello Historic District. The primary difference between the two uses is that farm stands are by -right and are for a single vendor and farmers' markets require a special use permit, allow for a larger structure and are for two or more vendors. STAFF COMMENT: The proposed changes may be discussed and acted on separately, they are not dependent on each other. Chances to Site Plan Requirements Staff is proposing changes to the site plan requirements. Currently, the applicant must submit a site plan. This plan may propose to contain less detailed information then required by the site plan chapter. When the plan is submitted it is referred to the Site Review Committee. The members of the Committee may request additional information or they may recommend approval. The plan is then processed along with the special use permit and presented to the Planning Commission and Board of Supervisors. The Board of Supervisors must then act on the site plan to authorize the reduced level of detail. The proposed change would allow the Zoning Administrator to determine the level of information necessary on a sketch pian. In the event that the applicant objects to providing additional information on the sketch plan, the proposed ordinance also includes a provision to allow the applicant to appeal any request by the Zoning Administrator. Using a sketch plan requirement allows for a more appropriate fit between the scale of the project and the content of the plan as opposed to the one size fits all mandate of the current ordinance. This concept is currently in effect for Farm Wineries, Bed and Breakfast, Farm Breweries, Events and Activities at Agricultural Operations, Farm Distilleries, and Farm Stands. All of those uses have requirements for sketch plans instead of requiring site plans. With the proposed ordinance language, the County will be able to require all the information necessary to review an application without placing an undue burden on the applicant. Generally, farmers' markets are small and the four applications that have been reviewed since the 2010 ordinance amendment, have either made use of existing parking areas or large grassed areas. No grading or other improvements are typically proposed and in the event that improvements are ever proposed the ordinance would allow all necessary information to be required. This amendment also reduces the review requirements for the Site Review Committee. As previously stated, the current ordinance requires the plan to be distributed to the full site plan committee. This means that the Albemarle County Service Authority and Architectural Review Board receive the plan even if their review is not required. The Health Department also receives the plan twice, once during the plan review and again prior to clearance. This double review is not necessary as the Health Department's only comment during the plan review is that it will need to review the site plan prior to issuance of a clearance. The requirements for Health Department review prior to issuance of a clearance are not proposed for change. This change eliminates unnecessary reviews. This ordinance will be reviewed by the three (3) criteria previously established by the Board for amendments: Administration/Review Process: Simplifies review process for the applicant and the County. Does not reduce or eliminate public notice or involvement in the plan review process. Housing Affordability: No impact. Implications to Staffing/Staffing Costs: No increase in staffing or staff costs. A simplified process may slightly decrease staff time on any individual review. However, the County receives few farmers' market applications so no measurable decrease in staffing or staff costs is anticipated. Farmers' Markets a use by richt in the RA, Rural Areas and VR, Village Residential districts Staff has prepared the ordinance in such a way that should the Board wish to make farmers' markets a use by right in the RA, Rural Areas and VR, Village Residential districts they may do so at this time without the need to process a separate zoning text amendment. As proposed notice would still be provided to abutting owners so that they would be able to provide comment to the County. Making farmers' markets a use by right may be considered consistent with the Comprehensive Plan, which states in part: and Economic Development 6.1 Objective 3: Provide diversified economic opportunities that benefit County citizens and existing businesses by basing policy decisions on efforts that support and enhance the strengths of the County. Strategy 3h: Establish a proactive rural support program that provides assistance to the local agricultural community and that includes an ongoing dialogue with farm industry stakeholders. For over nine years, the Comprehensive Plan has contained a strategy to create a rural support program to help connect farmers with technical resources, such as those provided by Piedmont Virginia Community College, the Piedmont Environmental Council, and the Virginia Department of Agriculture and Consumer Services (VDACS). To date, such a program has not received funding. Because of the importance of agriculture to the County's economy, such a program should be established. In addition to existing farmers, services from a rural support program could be provided to landowners interested in leasing farm land. Another aspect of this program would be participation in or commissioning of a study on the impact of agriculture to Albemarle County's economy. It is important to understand what role agribusiness plays in the County's economy in order to determine how this economic sector may be best supported, encouraged, and promoted. The activities of this program will need to be coordinated with the Economic Development Director and staff involved in Rural Area activities recommended in the Rural Area Chapter Rural Area Objective 1: Support a strong agricultural and forestal economy. Strategy 1 c: Establish active support of agricultural land uses through the creation of a Rural Support Program position that provides agricultural assistance, community education, marketing strategies, information on agricultural support businesses, and information about alternative agricultural uses. Since 2008, the County has been actively working to assist local farmers in marketing their products. Changes to regulations on farm sales, farm stands, and farmers markets have provided more opportunities for small farming operations to market their products and to increase product diversity. While the Comprehensive Plan does not contain any specific recommendation to make farmers' markets a use by right, such an amendment to the ordinance may be considered as supporting the economic opportunities for the agricultural community. This ordinance will be reviewed by the three (3) criteria previously established by the Board for amendments: Administration/Review Process: Allowing farmers' markets as a use by right would allow for a much accelerated review process. This can be important to the establishment of a farmers' market that is trying to respond to seasonal availability of produce and potentially new locations. Housing Affordability: No impact. Implications to Staffing/Staffing costs: Special use permits are time consuming and costly to review. Administrative review of farmers' markets would significantly reduce the staffing and staff costs associated with each review. However, as has been previously stated, the County has received few applications and any reduction in staffing or staff costs would not have a significant measurable impact. RECOMMENDED ACTION: Staff recommends that the Planning Commission support and recommend approval of the changes to the site plan requirements. Staff has no recommendation on the proposed changes to the make Farmers' Markets by right. That change in the ordinance is provided for consideration by the Planning Commission and Board of Supervisors. ATTACHMENTS Attachment A — Resolution of Intent Attachment B — Proposed ordinance language Attachment C — Existing Ordinance provisions RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance requires a special use permit for farmers' markets in the Rural Areas zoning district under Albemarle County Code § 18-10; and WHEREAS, farmers' markets also are subject to the performance standards in Albemarle County Code § 18-5.1.47; and WHEREAS, the Rural Area chapter of the AIbemarle County Comprehensive Plan states that one of the objectives of the County is to "support a strong agricultural and forestal economy," and one of the strategies to achieve that objective are to "continue to assist Rural Area property owners to diversify agricultural activities, including helping to connect local farms with local consumers'; and WHEREAS, one way to connect local farms with local consumers is to allow farmers' markets in the Rural Areas zoning district by right, subject to appropriate performance standards. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare, and good zoning and development practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § § 18- 5,1.47, 18-10, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning tent amendment proposed by this resolution of intent, and make its recommendations to the Board of Supervisors, at the earliest possible date. 1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of six to zero, as recorded below, at a meeting held on May 3, 2017. C&V4 a -01ke V - Clerk, Board of County S e014,s A e Nay Mr. Dill Y_ Ms. Mallek Y Ms. McKeel Y Ms. Palmer Y Mr. Randolph Y Mr. Sheffield. Y Attachment B ORDINANCE NO. 17-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article H, Basic Regulations, is hereby amended and reordained as follows: By Amending: CHAPTER 18 ZONING SECTION 5 SUPPLEMENTARY REGULATIONS Sec. 5.1.47 Farm Stands and Farmers' Markets Application. Each application for a zoning clearance shall include a letter or other evidence from the Virginia Department of Transportation establishing that it has approved the entrance from the public street to the proposed use and: a sketch.plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the zoning administrator depicting: (i) all structures that would be used for the use; (u) how access, on-site parking outdoor lighting signage and minimum yards will be provided in compliance with this section and this chanter• and(iii) how potential adverse impacts to adjoining ro ert will be mitigated. 2. If the zoning administrator requires information on the sketch plan or mitigation measures that the a licant objects to thea licant may Weal therequirement to the board of su ervisors b submitting a written request for appeal to the clerk of the board of supervisors within ten 10 days after the date of the zoning administrator's request. In acting on an appeal, the board shall consider the recommendation of the zoning administrator and all other relevant evidence The board may approve or deny the request. In approving a request on an appeal the board may impose reasonable conditions deemed necessary to protect the public health, safety or welfare (a) Fia#mrstands. For-fafm stands, (b) For Ahanner-s' Enar-kets, a site plan showing only the detail� under seetien 32.3.5(4 CHAPTER 18 ZONING SECTION 10 RURAL AREAS DISTRICT, RA 10.2.1 BY RIGHT The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this chapter: 27. Farm stands and Farmers' Markets (reference 5.1.47). 10.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the RA district, subject to the applicable requirements of this chapter: 4 IIamner-s' m Leas (FefOFORGO 5.1.4 7) CHAPTER 18 ZONING SECTION 12 VILLAGE RESIDENTIAL - VR 12.2.1 BY RIGHT The following uses shall be permitted by right in the VR district, subject to the applicable requirements of this chapter: 18. Farm stands and Farmers' Markets (reference 5.1.47). 12.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the VR district, subject to the applicable requirements of this chapter: F��a �s+:rr-sa�ssess rr-srrrr-sYese!�7,1 CHAPTER 18 ZONING SECTION 35 FEES 35.1 FEES. Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant: c. Special use permits: Kim- �Elwr=.wxi 1110 g Matters considered by the zoning administrator or other officials: 13. Farmers' markets without an existing commercial entrance approved by the Virginia Department of Transportation or without existing and adequate parking - $527.00 14. Farmers' markets with an existing commercial entrance approved by the Virginia Department of Transportation and with existing and adequate parking - $118.00 Attachment C 3.1 DEFINITIONS Farm stand: The sale of local agricultural products and value-added products, either outdoors or within a temporary or permanent structure, where the vendor selling the products is engaged in production agriculture in Albemarle County, but not on the lot on which the farm stand is located. Farmers' market: The sale of agricultural products, value-added products, and accessory merchandise either outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas (RA) district or by one or more vendors in any other zoning district where the use is allowed, where each vendor selling the products and merchandise is engaged in production agriculture in Albemarle County regardless of whether it is on or not on the lot on which the farmers' market is located. 5.1.47 FARM STANDS AND FARMERS' MARKETS Each farm stand and farmers' market shall be subject to the following, as applicable: a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand or farmers' market shall obtain approval of a zoning clearance issued by the zoning administrator as provided by section 31.5 before the use is established as provided herein: 1. Application. Each application for a zoning clearance shall include a letter or other evidence from the Virginia Department of Transportation establishing that it has approved the entrance from the public street to the proposed use and: (a) Farm stands. For farm stands, a sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the zoning administrator depicting: (i) all structures that would be used for the use; (ii) how access, on-site parking, outdoor lighting, signage and minimum yards will be provided in compliance with this section and this chapter; and (iii) how potential adverse impacts to adjoining property will be mitigated. (b) Farmers' markets. For farmers' markets, a site plan showing only the details not excepted under section 32.3.5(a). 2. Notice. The zoning administrator shall provide written notice that an application for a zoning clearance for a farm stand or by right farmers' market has been submitted to the Virginia Department of Health and to the owner of each abutting lot under different ownership than the lot on which the proposed use would be located. The notice shall identify the proposed use and its size and location and invite the recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed at least ten (10) days prior to the action on the zoning clearance as provided in section 32.4.2.1(g). The review by the Virginia Department of Health shall be independent of the zoning administrator's review of the application for a zoning clearance and the approval of the zoning clearance shall not be dependent on any approval by the Virginia Department of Health. The notice requirements shall not apply to a zoning clearance required for a farmers' market that has been approved by special use permit. b. Structure size. Structures used in conjunction with a farm stand or farmers' market shall comply with the following: 1. Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter, "new permanent structure") used for a farm stand shall not exceed one thousand five hundred (1500) square feet gross floor area. Any permanent structure, regardless of its size, established prior to May 5, 2010 (hereinafter, "existing permanent structure") may be used for a farm stand provided that if the structure does not exceed one thousand five hundred (1500) square feet gross floor area, its area may be enlarged or expanded so that its total area does not exceed one thousand five hundred (1500) square feet gross floor area, and further provided that if the existing structure exceeds one thousand five hundred (1500) square feet gross floor area, it may not be enlarged or expanded while it is used as a farm stand. 2. Farmers' markets. Any new or existing permanent structure may be used for a farmers' market without limitation to its size. c. Yards. Notwithstanding any other provision of this chapter, the following minimum front, side and rear yard requirements shall apply to a farm stand or farmers' market: 1. New permanent structures and temporary structures. The minimum front, side and rear yards required for any new permanent structure or temporary structure shall be as provided in the bulk and area regulations established for the applicable zoning district, provided that the minimum front yard on an existing public road in the rural areas (RA) district shall be thirty-five (35) feet. The minimum required yard may be reduced by special exception upon consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction. 2. Existing permanent structures. If an existing permanent structure does not satisfy any minimum yard requirement under subsection 5.1.47(c)(1), the minimum yard required shall be the distance between the existing permanent structure and the street, road, access easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An enlargement or expansion of the structure shall be no closer to a street, road, access easement or lot line than the existing structure. d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking requirements shall apply to a farm stand or farmers' market: 1. Number of spaces. Each use shall provide one (1) parking space per two hundred (200) square feet of retail area. 2. Location. No parking space shall be located closer than ten (10) feet to any public street right- of-way. 3. Design and improvements. In conjunction with each request for approval of a zoning clearance, the zoning administrator shall identify the applicable parking design and improvements required that are at least the minimum necessary to protect the public health, safety and welfare by providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation on the site, and the control of dust as deemed appropriate in the context of the use. The zoning administrator shall consult with the county engineer, who shall advise the zoning administrator as to the minimum design and improvements. Compliance with the identified parking design and improvements shall be a condition of approval of the zoning clearance.