HomeMy WebLinkAboutZTA201700004 Staff Report 2017-08-09COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA 2017-04 Farmers' Markets
SU BJ ECT/PRO POSAUREQU EST:
The proposal has two components:
1. Amendment of the site plan submittal
requirements.
2. Allowing Farmers' Markets by -right in
the Rural Areas and Village
Residential districts.
AGENDA DATE:
August 9, 2017
STAFF CONTACT(S):
Bill Fritz
PRESENTER (S):
Bill Fritz
BACKGROUND:
At its meeting on July 11, 2017, the Planning Commission voted unanimously to recommend approval of
amendments to the Farmers' Markets site plan submittal requirements. At that meeting the Planning
Commission also voted unanimously not to support allowing Farmers' Markets as a by -right use in the
Rural Areas and Village Residential districts.
DISCUSSION:
The Planning Commission recommended approval of the amendments to the Farmers' Markets site plan
submittal requirements. The Commission was satisfied that the changes will allow the County to require
necessary information on a site plan without placing an undue burden on applicants. Staff and the
Planning Commission recommend that the Board adopt the attached ordinance, which amends the site
plan submittal requirements only (Attachment E).
The Commission did not believe that it was necessary to amend the ordinance to allow Farmers' Markets
as a by -right use in the Rural Areas and Village Residential districts. The Commission did state that it may
be appropriate to consider this change in the future if the need arises. During any evaluation of a change
in the ordinance a wide variety of issues should be considered including: changes to vendor definitions to
insure that only products produced in Albemarle are sold, hours, days of the week, size of structures,
number of vendors, size of the lot used, number of parking spaces, lighting, screening and a number of
other issues. None of the issues identified by the Commission have been evaluated by staff or considered
by the public. Staff and the Planning Commission do not recommend adoption of the ordinance to allow
Farmers' Markets as a by -right use in the Rural Areas and Village Residential districts (Attachment F).
RECOMMENDATIONS:
If the Board wishes to amend only the site plan submittal requirements, staff recommends that the Board
adopt version 1 of the proposed ordinance (Attachment E).
If the Board wishes to amend the site plan submittal requirements and to allow Farmers' Markets as a by -
right use in the RA and VR districts, staff recommends that the Board adopt version 2 of the proposed
ordinance (Attachment F).
ATTACHMENTS:
A- Planning Commission Action Letter
B- Staff Report
C- Planning Commission Minutes
D- Emails from Public
E- Proposed Ordinance — Version 1
F- Proposed Ordinance — Version 2
County of Albemarle
Memorandum
To: ZTA 2017-04 Farmers' Markets File
From: Bill Fritz, AICP
Date: August 3, 2017
Subject: Action Letter
No formal Planning Commission action letter for ZTA 2017-04 Farmers' Markets File has been prepared because
the County is the applicant.
At its meeting on July 11, 2017 the Planning Commission voted unanimously to recommend approval of the
amendments to the site plan submittal requirements. At that meeting the Planning Commission also voted
unanimously not to support allowing Farmers' Markets by -right in the Rural Areas and Village Residential
districts.
See the minutes for the Planning Commission's discussion and action.
STAFF 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.
Changes to Slte 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 plan. 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 right 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 1c: 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 Albemarle 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 text amendment proposed by this resolution of intent, and make its recommendations to the
Board of Supervisors, at the earliest possible date.
I, 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.
ly
Clerk, Board of County Supe nrs
Ave Nay
Mr. Dill
Y
Ms. Mallek
Y _
Ms. McKeeI
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,
ARTICLE III DISTRICT REGULATIONS, AND ARTICLE IV PROCEDURE 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 11, Basic Regulations, Article III District Regulations, and Article IV Procedure, are
hereby amended and reordained as follows:
By Amending;
Sec. 5.1.47
Farm Stands and Farmers' Markets
Sec. 10.2.1
By Right
Sec. 10.2.2
By Special Use Permit
Sec. 12.2.1
By Right
See. 12.2.2
By Special Use Permit
Sec. 35.1
Fees
CHAPTER 18
ARTICLE II. BASIC REGULATIONS
51.47 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, (ii) how access, on-site parking, outdoor Iighting, 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.
2. If the zoning administrator requires information on the sketch plan or mitigation measures that the
applicant objects to the applicant may appeal the requirement to the board of supervisors by
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 actin on n an appeal, the board shall consider
the recommendation of the zoning administrator and all other relevant evidence. The board may
=rove 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.
ARTICLE III. DISTRICT REGULATIONS
Sec 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).
Sec. 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:
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:
ARTICLE IV. PROCEDURE
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:
-7. '
$. ' markets with an existing eemmer-eial efftr-anee approved by the ViFgiaia Depeftment 0
Tmnspeiu4ien and vMh existing and adequate pa*ing $118.00
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.
Albemarle County Planning Commission
July 11, 2017
The Albemarle County Planning Commission held a public hearing on Tuesday, July 11,
2017, at 6:00 p.m., at the County Office Building, Room #241, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Tim Keller, Chair; Daphne Spain; Mac Lafferty; Pam Riley;
Jennie More; Karen Firehock; Bruce Dotson; and Bill Palmer, UVA representative.
Other officials present were Will Cockrell and Wood Hudson (Charlottesville/Albemarle
--- MPO), Francis MacCall, Senior Planner; Bill Fritz; Manager of Special Projects;
Andrew Gast -Bray, Assistant Director of Community DevelopmentlDirector of Planning;
Sharon Taylor, Clerk to Planning Commission; and John Blair, Deputy County Attorney.
Call to Order and Establish Quorum
Mr. Keller, Chair, called the regular meeting to order at 6:00 p.m. and established a
quorum.
ZTA-2017-00004 Farmer's Markets.
The Planning Commission will hold a public hearing on July 11, 2017 to receive
comments on its intent to recommend adoption of the following ordinance changes to
the Albemarle County Code: amend Section 18-5.1.47 to establish sketch plan
regulations for farmers' markets that address access, on-site parking, outdoor lighting,
signage, and minimum yards; amend Sections 18-10.2.1 and 18-10.2.2 to establish
farmers' markets as a by -right use in the Rural Areas zoning district; amend Sections
18-12.2.1 and 18-12.2.2 to establish farmers' markets as a by -right use in the Village
Residential zoning district; and amend Section 18-35.1 to establish that fees for farmers'
markets are matters considered by the zoning administrator or other officials rather than
fees for a special use permit. A copy of the full text of the proposed ordinance
amendments is on file in the office of the Clerk of the Board of Supervisors and in the
Department of Community Development, County Office Building, 401 McIntire Road,
Charlottesville, Virginia. (Bill Fritz)
Mr. Fritz reported that this zoning text amendment for farmer's markets has two
components to it — the first is to change the site plan or sketch plan submittal
requirements, and currently what's required is a site plan, with an applicant asking for
relief from the full details of that plan through the review process. He stated that this
requires it to go before the site review committee even if they do not need it. Mr. Fritz
said that most of the farmer's markets are in the rural areas, and the service authority
did not need to review them.
Mr. Fritz explained that the recommendation with this ZTA is for the County to stipulate
to the applicant what needs to be on the plan, and a plan with that information is
ALBEMARLE COUNTY PLANNING COMMISSION — JULY 11, 2017
DRAFT MINUTES — Submit for Approval 7-31-2017
submitted. He stated that this allowed for the right information at the right site, and if
there is a site requiring a comprehensive site plan, staff could require that — and if it's a
site that already has a parking area and nothing needs to be done to the site, then a
simple sketch plan to document what's there now is all that would be needed. Mr. Fritz
said there is a "one -size -fits -all" solution now in trying to make the site plan work out,
and this is something the County already uses for a variety of things in the ordinance,
and it works very well.
Mr. Fritz stated that staff did not have a recommendation for making farmer's markets a
by -right use in the rural areas and village residential areas. He said that was somewhat
supported by the Comprehensive Plan because it encourages a rural economy;
however, it had not gone through the full formal review process for a ZTA. Mr. Fritz
explained that this was put before the Commission and Board because there was some
interest in doing this expressed while they were working on the other component of the
farmer's market ZTA. He stated that there are no size limits, so the only limitation or
protection would be through the site plan provisions; there are also no hour limits,
parking size limits, etc.
Mr. Fritz said that because this has not gone through a thorough review, staff has no
recommendation of support or opposition to making it by right. He stated that the
Commission could keep it as a use by special use permit; could support it becoming a
use by right; or could direct staff to do some additional work on it — including public
outreach — to address provisions for by -right farmer's markets. Mr. Fritz said if they were
to choose the last option, it would be rolled into the workload that currently has 27 or 28
other ZTAs, so it would not be immediate.
The Chair opened the public hearing.
Ms. More asked if, for the first part of the request for the site plan submittals, staff would
stipulate specifically what an applicant needed.
Mr. Fritz responded that staff would indicate what information was needed and at what
level of accuracy, as sometimes, an amateur drafter can do it but sometimes an
engineer is needed.
Ms. More asked if they would take the proximity near a road as a consideration.
Mr. Fritz replied that they take a lot of things into account, including the grade, the
entrance location, how complex installing an entrance might be, relationship with
adjoining properties, streams, slopes, etc.
Ms. More asked if this would apply to a site that already had a farmer's market in
operation and wished to expand.
Mr. Fritz responded that it could, and staff could request just a small amount of
additional detail to show what the expansion might be or they might request a lot more
ALBEMARLE COUNTY PLANNING COMMISSION -JULY 11, 2017
17-474 ZTA-2017-4 FARMERS MARKET DRAFT MINUTES
detail if there were concerns. He stated that each application would be addressed
separately, but that level of detail is currently requested anyway.
Mr. Keller opened the public hearing.
There being no further public comment, Mr. Keller closed the public Dearing.
Ms. Firehock stated that at this point, she is very much in support of the proposal put
forward by Mr. Fritz for staff to determine the level of detail needed, regardless of
whether it was a complex site. She mentioned that Shimp Engineering had donated
their time to do a site plan for the new farmer's market at Red Hill, a site that has a
gently sloping field with plenty of good access and visibility. Ms. Firehock said she
would have some concerns with by -right farmer's markets, and if were by -right, she
would like to see a cap put on the number of vendors and the square footage it could
occupy. She commented that the rural areas have a lot of small lots interspersed
throughout, so it would be possible to have a farmer's market in a rural area that caused
quite a burden — especially if it was successful. Ms. Firehock stated that she is in
support of farmer's markets, but in the right place at the right scale, and she did not
know if they had enough good information to get to the by -right recommendation. She
said that this needed more analysis, but she was thinking of a possible 20 -vendor limit,
not to exceed an acre. Ms. Firehock stated that she was looking for more language in
terms of what the by -right use would entail.
Mr. Fritz responded that staff was currently dealing with a lot of ZTAs and wanted to
keep them all moving forward, and they realized that if they were to do a thorough
amendment, it would delay the more straightforward component.
Ms. Firehock said that even getting it to a sketch point whereby staff could help the
applicant determine what was required would make the process easy enough that it
wouldn't be daunting, and she did not feel it needed to be a by -right process.
Mr. Lafferty agreed.
Ms. Spam said that she also concurred.
Mr. Dotson stated that he would support the sketch plan approach, and there is the
safety valve of an appeal, which he assumed would be available to the other instances
where a sketch plan was used.
Mr. Fritz responded that staff did not find an appeal provision and planned to come back
and fix that issue, as it was not covered by the ROI that they had.
Mr. Dotson said that he agreed there was very little analysis offered for making this by -
right, and his opinion is "if it ain't broke, don't fix it." He noted that there were several
farmer's markets in the community — downtown, Crozet, Garth Road, Stonefield, Red
Hill, etc.
ALBEMARLE COUNTY PLANNING COMMISSION - JULY 11, 2017
17474 ZTA-20174 FARMERS MARKET DRAFT MINUTES
Mr. Keller added that there was also one in Scottsville.
Mr. Dotson commented that it didn't seem the system was impeding the use, and if they
were to go into it, they may want to go in a bit further, because in looking at the existing
ordinance, it concerns him that the only requirement is for the two vendors to be farmers
in Albemarle — but they could be selling things from any place. He said that he was not
enthusiastic about fixing it, because it did not seem broken.
Ms. More stated that she had no issue with the site plan submittals, and someone must
think it is worth bringing it to the Commission to consider provisions for by -right use, so
she would be open to that. She said that with the example of the Red Hill site benefitting
from an engineer donating time, it would be unfortunate for another applicant who did
not have someone to offer pro bono work — and she would like to see how many
markets in operation might have been under a threshold where anything above that
required a special use permit.
Ms. Riley stated that she supports the change to the site plan requirements and the
sketch plan, and she agreed that not enough analysis had been done for the by -right
approach. She said she also concurred with Mr. Dotson that it doesn't need fixing if it is
not broken.
Mr. Lafferty agreed, stating that he agrees with the comments made, particularly in
terms of the by -right proposal.
Mr. Keller concurred, stating that he would like fellow Commissioners to provide input
on his list of parameters for this: the hours it is open, the calendar for when it is open,
the building size, the market size, the site area, the parking size and number of spaces,
the number of vendors. He stated that there were always issues with smaller lots in
terms of setbacks and relationship to adjacent properties, especially if the markets were
in villages within the rural area. Mr. Keller said that one of the Supervisors had spoken
about longer hours and a year-round calendar, which would affect the need for lighting.
He added that there were also screening and access issues, as well as concerns for
site hydrology. Mr. Keller said that staff could come back to the Commission and Board
with an idea of some by -right, and the threshold point for special use permits is the
expansion question and how it would be addressed for an existing unit.
Ms. Firehock noted that the Nelson County Farmer's Market has music, and the market
is located in a big field so it is not really affecting neighboring properties — but she did
not want to know if Albemarle should address the issue of amplified/non-amplified
music.
Mr. Keller commented that when this type of issue has arisen before, the Board comes
back and says there is a noise ordinance.
ALBEMARLE COUNTY PLANNING COMMISSION -JULY 11, 2017
17474 ZTA-20174 FARMERS MARKET DRAFT MINUTES
Mr. Fritz noted that this discussion was intended to develop a list of things like that to
discuss.
Ms. More stated that part of the consideration should be the market schedule, as some
may want to do a mid -week time in addition to a weekend market.
Ms. Spain said that they should consider the number of times per week and whether it is
a seven-day market, because it could turn into a perpetual flea market.
Mr. Dotson added that they should revisit the definition to explore the question of some
portion of what is sold actually originates in the County.
Mr. Keller commented that this relates to what they have already been doing with
wineries, breweries, and distilleries — so there is some precedent for that.
Ms. Firehock stated that they do not currently have requirements that it has to originate
in the County, and in Scottsville's market, they have standardized signs that note the
origins of the produce — but there are no rules about percentages.
Mr. Keller asked Mr. Fritz if he could suggest wording for the third alternative.
Mr. Fritz responded that he hears consensus for a motion to recommend the changes to
Section 5.1.47, and that the County consider a ZTA review process to potentially make
them by -right, but with the limitations discussed today and perhaps others. He stated
that staff could summarize the Commission's statements and convey them into a better
recommendation for the Board of Supervisors. Mr. Fritz clarified that the Commission's
opinion is that there may be some circumstances under which a farmer's market could
be done by right, but that needs to be investigated. in detail.
Mr. Dotson said it sounded like two motions.
MOTION: Mr. Dotson moved to recommend ZTA-2017-00004 for the first part of the
motion to amend Section 5.1.47 relieving the site plan requirement for farmer's markets
and instituting a sketch plan as a substitute, with the ordinance as mentioned by staff
proceeding to the Board of Supervisors. Ms, More seconded the motion, which passed
unanimously (7-0).
Mr. Keller asked Mr. Dotson if he would also make the second motion.
Mr. Dotson responded that he would not, as he favors tabling it until something provides
the impetus to look into it, as it sounded to him to be complicated and time consuming.
Mr. Fritz stated that even if they were to suggest to the Board that staff work on this, the
reality is it would be a while before they get to it. He said that there is a list of items for
further discussion, and staff could add this to the list and revisit it when appropriate.
ALBEMARLE COUNTY PLANNING COMMISSION - JULY 11, 2017
17474 ZTA-20174 FARMERS MARKET DRAFT MINUTES
Ms. Firehock agreed with Mr. Dotson, stating that there was not an existing problem
needing to be fix — and the biggest issue was creating a site plan for a few vendors with
trucks in a field. She stated that she felt staff had addressed this, and she did not see
that there were hundreds of farmer's markets clamoring to spring up.
Ms. More concurred.
Ms. Riley also agreed.
Mr. Fritz stated that staff would express the Commission's opinion to the Board.
Mr. Keller asked Mr. Gast -Bray if he was amenable to this approach.
Mr. Gast -Bray confirmed that he was, noting that the Commission's input is logged and
ready for use at a future point in time.
Mr. Keller stated that he listened to the Board's discussion on this matter and they have
different views, and this is a good first step to answer some of their concerns.
Ms. More said the primary message to convey to the Board is that the Commission was
not in support of the markets becoming a by -right use without any other information or
safety measures in place.
Mr. Fritz suggested a motion that would recommend denial of the changes that would
make farmer's markets by right.
Mr. Dotson said that language to table it indicates that the issue exists and would be
monitored, and if problems emerge then staff has noted all the concerns expressed and
would factor those into any analysis.
Mr. Keller asked Ms. More if she wanted to proceed with a motion.
Ms. More stated that they would be recommending denial of this becoming a by -right
use, unless the need for further study arose.
Ms. Firehock suggested that it say "unless there was a demonstrated need."
MOTION: Ms. More moved to recommend denial of farmer's markets becoming a by -
right use in the rural areas unless there was a demonstrated need to revisit the issue.
Mr. Dotson seconded the motion, which passed unanimously (7-0).
Mr. Keller noted the meeting would move to the next item.
(Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards)
ALBEMARLE COUNTY PLANNING COMMISSION -JULY 11, 2017
17474 ZTA-20174 FARMERS MARKET DRAFT MINUTES
Sharon Taylor
.am: Morgan Butler <mbutler@selcva.org>
Sent Monday, July 10, 2017 2:00 PM
To: planning Commission
CC: Bill Fritz
Subject: proposed Z rA- Farmers' Markets as by -right use
Dear Planning Commisslon Members:
We wanted to offer a few thoughts on the proposed zoning text amendment you'll be considering tomorrow
night to change farmers' markets from a special use to a by -right use in the Rural Area and Village Residential
zoning districts.
We appreciate the County's efforts to support local agriculture, and holding appropriately scaled farmers'
markets in the County's Rural Areas is a good opportunity to help ensure that it continues to thrive.
We also understand that the few special use permit applications the County has received for farmers' markets
in the Rural Areas over the past several years have been for small markets proposing few changes to the site.
However, once they reach a certain size and scale, farmers' markets can significantly impact the surrounding
area. Take, for example, Charlottesville's City Market and its impacts to surrounding blocks on any given
Saturday moming—and that's even without any type of permanent structure devoted to the use.
4s a result, we understand the benefits that would accompany allowing smaller -scale farmers' markets to be a
.y -right use, but we also think the special use permit process provides an important review opportunity and
approval checkpoint for larger and more impactful proposals that may come forward in the future --particularly
considering that the County Code places no limit on the size of a structure that may be built for a farmers'
market. (This means that If farmers' markets become a by -right use, structures of any size may be built In the
Rural Area for farmers' markets without Planning Commission and Board review or approval.)
With that in mind, we urge you not to recommend approval of the current proposal to change farmers' markets
to a by -right use in the Rural Areas and Village Residential zoning districts. We encourage you instead to think
about potential size and scale thresholds below which it may make sense to allow farmers' markets to be by
right, but above which a special use permit would continue to be required. Just as a general idea, perhaps one
threshold could be the total square footage of all structures to be used, and an another threshold could be an
overall area requirement for all activities (parking, vendor stalls, etc.).
In short, promoting and facilitating local agriculture through farmers' markets is a worthwhile effort, but like the
many other rural commercial uses that have come up in recent years, this too must be carefully balanced with
the County's many other Rural Area goals and values.
Unfortunately, scheduling conflicts will keep us from attending your meeting tomorrow night, but we appreciate
your consideration of our input. Please let me know if you have any questions in the meantime.
Sinoerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Sbwt, Suite 14
Sharon Taylor
From: Neil Williamson <neil@freeenterprisefarum.org>
Sent Monday, July 10, 2017408 PM
Tcr Planning Commission
Subject Farmer's Markets
Greetings.
I regret that I will not be able to Join you on Tuesday night to hear your discusslon of Farmer's Markets as 1 will be out on
business travel.
The Free Enterprise Forum believes both the 'sketch pian` and by right Farmers Markets are worthy of
consideration. Specifically, we believe these Ideas directly support Comprehensive Plan "Strategy Id: Continue to assist
Rural Area property owners to diversify agricultural activities, including helping to connect local farms with local
consumers"
I wrote about this issue on the blog this afternoon. httos://freeenterpriseforum.wordpress.com/2017/07110/albemarle-
may-cut-ru ral-regulatory-red-tape/
I apologize forthe scheduling conflict and I thank you for the opportunity to comment.
Neil
Neil Williamson
President
Free Enterprise Forum
550 Hillsdale Drive
Charlottesville, VA 22901
(o)434-817-2380
(cell) 434-962-0847
www.freeenterRriseforum.org
Draft: July 24, 2017
Attachment E — Version 1
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 11, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 5.1.47 Farm Stands and Farmers' Markets
CHAPTER 18. ZONING
ARTICLE II. BASIC REGULATIONS
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) — ,..,. oa'pid-w FAA fiffMS stay s 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.
eptad, .,.fie« �e..tiA.. 21 2 5(a)
2. If the zoning a inisUutor requires information on the sketch plan or mitigation
measures that the annlicant objects—to the applicant may appeal the requirement to the
board of supervisors by submitting a written request for appeal to the clerk of the board of s-upervisors within ten 10) days after the date of the zoning administrator's re uest. In
actin on an ureal, the board shall consider the recommendation of the zoning
adrnin�s=ox and all other relevant c3ddcnee. The board may approve or t
request,Jk_appxp_ying a request on an appeal, the board mLy inmQae reasonable conditions
deemed necessary tonrmtect the public health, safety or welfare.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to
as recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
CIerk, Board of County Supervisors
Draft: July 24, 2017
Attachment F — Version 2
ORDINANCE NO. 17-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS,
ARTICLE III DISTRICT REGULATIONS, AND ARTICLE IV PROCEDURE 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 II, Basic Regulations, Article III District Regulations, and Article IV Procedure, are
hereby amended and reordained as follows:
By Amending:
Sec. 5.1.47
Farm Stands and Farmers' Markets
Sec. 10.2.1
By Right
Sec. 10.2.2
By Special Use Permit
Sec. 12.2.1
By Right
Sec. 12.2.2
By Special Use Permit
Sec.35.1
Fees
CHAPTER 18
ARTICLE II. BASIC REGULATIONS
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:
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)
nd=
(a) F..nw S-9-awdS. For fams 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) F24-WeS.leets. For s' mar-kets,asiteplan showing only 4he a is m4t
I If the z dministratorit information on the sketch plan or mitigatim
measures that the applicant objects to the applicant may anneal the requirement to the
board of supervisors by submitting a written reguest for appeal to the clerk of the board
of supervisors within f14Ldays after the date of the zoning administrator's re guest. 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 Meal, the board may impose reasonable f,onditionss
deemed necessary to protect the public health, safety or welfare.
ARTICLE III. DISTRICT REGULATIONS
Sec 10.2.1 BY RIGHT
Draft: July 24, 2017
Attachment F — Version 2
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).
Sec. 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:
54 Fames' .,. ,, tre+s r, eF e,, e c i n 74
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:
ARTICLE IV. PROCEDURE
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:
-7.
anspoi4ation or- v"eut existing md adequate par -king $527.00
2
Draft: July 24, 2017
Attachment F — Version 2
8. FUET-fler-s' fflaFkets with an existing eatEffiftee approved by the Wir-gi
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
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to
as recorded below, at a regular meeting held on _
Clerk, Board of County Supervisors
Aye Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield