HomeMy WebLinkAboutZTA201700004 Action Letter Zoning Text Amendment 2017-07-25 *4111101
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4012
MEMORANDUM
TO: File
FROM: Bill Fritz, Chief of Special Projects
DATE: July 25, 2017
RE: ZTA201700004 Farmer's Markets
The Albemarle County Planning Commission, at its meeting on July 11, 2017, took the following actions
on the above-noted Zoning Text Amendment.
RECOMMEND APPROVAL, by a vote of 7:0, of ZTA-2017-00004 for the first part of the motion to
amend Section 5.1.47 which replaces the requirement to submit a site plan with a requirement to submit a
sketch plan requirement as shown in Attachment 2 (attached).
RECOMMEND DENIAL, by a vote of 7:0, of ZTA-2017-00004 of farmer's market becoming a by-
right use unless there was a demonstrated need to revisit the issue.
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AGENDA DATE: May 3, 2017
TITLE: Resolution of Intent to amend the Zoning Ordinance Regulations Pertaining to
Farmers' Markets
SUBJECT/PROPOSAL/REQUEST: Resolution of intent to amend the Zoning Ordinance
to allow Farmers' Markets as a by-right use in the Rural Areas subject to appropriate
performance standards
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Walker, Kamptner, Blair, Graham, McCulley, Fritz
PRESENTER: Bill Fritz
LEGAL REVIEW: Yes
REVIEWED BY: Douglas C. Walker
BACKGROUND: 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 is to "continue to assist Rural Area
property owners to diversify agricultural activities, including helping to connect local farms with
local consumers".
Farm Stands are permitted as a by-right use in the Rural Areas, but Farmers' Markets require a
special use permit. Farm Stands are for a single vendor and Farmers' Markets are for two of
more vendors. The County has reviewed two Farmers' Market requests in the Rural Areas and
both have been approved. During the review process for Farmers' Markets, it has become
apparent that the impacts of a Farmers' Market are relatively straightforward and can be
addressed with appropriate regulations that would allow the use to be processed
administratively. The existing regulations require a special use permit application which involves
a significant fee, based on the size of the use, and a lengthy review process. Farmers' Markets
are generally small in nature and may be proposed late in the winter or early spring for summer
use. The lead time for a special use permit is not conducive to establishing a Farmers' Market
during the farming season.
STRATEGIC PLAN: 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.
DISCUSSION: During the review of the Zoning Text Amendment, staff will attempt to identify
those who may be interested in the use and request their comment. The Planning Commission
has already been asked informally to comment on the proposed change in use. While
Commission members are supportive of amendments to the site plan submittal requirements for
Farmers' Markets, they did not express support of a change to allow the use by-right.
BUDGET IMPACT: The cost of reviewing a special use permit application exceeds the
application fee. Allowing Farmers' Market as a use by-right may have a slight positive impact
on the budget.
Sole
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 to ,as
recorded below, at a meeting held on
Clerk,Board of County Supervisors
Aye Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr.Randolph
Mr. Sheffield