AGENDA DATE: 12/9/2015
TITLE: ZTA-2015-00002. Farm Distilleries, Farm Breweries, and Farm Wineries
SUBJECT/PROPOSAL/REQUEST: ZTA-2015-00002. Farm Distilleries, Farm Breweries, and Farm Wineries
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Cilimberg, MacCall
PRESENTER (S): Francis MacCall
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: Last year, the General Assembly adopted new legislation that limits a locality’s ability to regulate activities associated with limited (farm) distilleries. Virginia Code § 15.2-2288.3:2 became effective July 1, 2015 and is similar to prior statutes that apply to farm wineries and limited (farm) breweries.
In response, the Planning Commission adopted a Resolution of Intent in March to initiate zoning ordinance amendments to ensure compliance with this new legislation. The Commission held a work session in May regarding a proposed ordinance that would regulate farm distilleries in the County in a similar manner as farm wineries and farm breweries. At its meeting on June 2nd, the Commission adopted a Resolution of Intent (Attachment A) broadening the focus of this ordinance amendment to include farm breweries and farm wineries in addition to farm distilleries.
The Commission held another work session on this matter in August and decided to proceed to public hearing on the following: a) Proposed amendments to address events at farm winery, brewery, and distillery sites holding multiple ABC licenses; and b) Requiring a zoning clearance when there will be more than 50 vehicle trips per day, or a farm of less than 21 acres for events and activities at farm distilleries, and/or for new farm breweries and farm wineries established after the adoption of these revised regulations.
On October 20, 2015, the Commission held a public hearing and recommended approval of ZTA-201500002 (See Attachments B-G for the staff report, attachments and minutes. See Attachments H-J for minutes from the other Commission meetings).
STRATEGIC PLAN:
Economic Prosperity: Foster an environment that stimulates diversified job creation, capital investments, and tax revenues that support community goals.
Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity.
DISCUSSION: The proposed ordinance implements Virginia Code § 15.2-2288.3:2 with regard to farm distilleries. The ordinance also establishes a regulatory approach that is largely consistent with those previously adopted by the Board of Supervisors for farm wineries and farm breweries.
Further, this proposed ordinance provides additional requirements that address the substantial impacts of these uses. Those provisions are as follows:
1. Definitions for relevant terms;
2. Requirement of a zoning clearance for: a) events and activities at farm distilleries, b) new farm breweries and new farm wineries established after the ordinance is adopted where 1) there will be more than 50 vehicles trips per day or 2) on a farm that is less than 21 acres.
3. Clarification that the total number of guests onsite at any one time for events shall not exceed 200 by-right, regardless of the number of ABC licenses on one farm and/or the number of events at any one time.
After its recommendation to approve the ordinance amendment on October 20, the Commission also recommended that the Board proceed as rapidly as possible with Phase 2 with the following two areas to be studied for further ordinance amendment:
1) Whether and to what extent the current condition of a road directly serving a farm winery, brewery, or distillery may be incorporated into the evaluation of by-right events and activities at a farm winery, brewery or distillery; and
2) What constitutes a bona fide operation for farm winery, brewery or distillery uses. This is very similar to the issues identified by the Commission on May 12th which included concerns about cumulative impacts on roads, water usage, and the relationship of events to bona fide primary agricultural activity on-site.
On November 4, 2015, the Board adopted the Community Development work program, which includes work on Phase 2 analysis of the farm winery, brewery and distillery uses to begin in the 2nd quarter of 2017.
BUDGET IMPACT: Staff does not anticipate that the adoption of this ordinance would result in the need for additional staff or funding.
RECOMMENDATION:
Recommendation
Staff and the Planning Commission recommend adoption of the proposed ordinance (Attachment K) after the public hearing.
ATTACHMENTS:
Attachment A: Resolution of Intent
Attachments B-F: Planning Commission Report and Attachments from 10-20-15
Attachment G: Minutes from 10-20-15
Attachment H-J: Minutes from other Commission Meetings
Attachment K: Proposed Ordinance Amendment