AGENDA DATE: 1/9/2019
TITLE:
Title
Phases I and II Zoning Text Amendments relating to Agricultural Operations
BODY
SUBJECT/PROPOSAL/REQUEST: Resolutions of Intent to amend the regulations related to events at agricultural operations.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Walker, Kamptner, Herrick, Graham, McCulley, Ragsdale
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: On July 1, 2014, new State legislation became effective limiting localities' ability to regulate activities associated with bona fide agricultural operations. On November 12, 2014, Albemarle County adopted zoning regulations to implement this new legislation. Similar State legislation relating to farm wineries, breweries and distilleries (FWBD) is also implemented through our zoning regulations. A growing interest in holding events at FWBD coupled with the lack of a minimum agricultural product requirement to obtain a State Alcoholic Beverage Control ("ABC") license for FWBDs raised concern about the potential for them to be established on sites with no connection to agriculture, contrary to the underlying purposes of the State's zoning laws, the Rural Area chapter of the County's Comprehensive Plan, and the express purpose of the Rural Areas zoning district.
In an attempt to strike a balance between fostering the economic success of these agricultural enterprises and safeguarding the property rights of surrounding neighbors, the County undertook an extensive stakeholder engagement beginning in March, 2016. It culminated in a zoning text amendment relating to FWBD events adopted on January 18, 2017. This amendment included: curfews for outdoor amplified music, increased setbacks, neighbor notifications for zoning clearances and minimum onsite planted acreage requirements. Because the 2017 ordinance amendment was focused on FWBD, it did not include "agricultural operations," a separate class under State law. With a...
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