Zoning Text Amendment DPA , Provide for the Production of Mead, Cider and Similar Beverages on A-1 Agriculture Properties (County Wide)

Transcription

1 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING MAIN (703) FAX (703) OFFICE Christopher M. Price, AICP Director of Planning January 28, 2015 TO: FROM: RE: Planning Commission Nick Evers Zoning Administrator Zoning Text Amendment DPA , Provide for the Production of Mead, Cider and Similar Beverages on A-1 (County Wide) I. Background is as follows: A. Purpose of the Zoning Ordinance Section of the Code of Virginia states that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public. B. Purpose of Amendment The purpose of DPA is to amend the recently adopted Limited/Craft Brewery language to include the production of fermented cider, mead and similar beverages as part of the definition and standards associated with Limited Brewery and farm winery as a continuation of the County s efforts to encourage additional agriculture related economic development opportunities. C. Proposed Remedy In order to accommodate the production of additional fermented beverages, the proposed amendment adds cider, mead and similar beverages to the definition of limited/craft brewery and to the list of by-right uses in the A-1, Agriculture, zoning district. D. Application of Current Language The Board of County Supervisors (BOCS) adopted a zoning text amendment on November 18, 2014 (PLN ) establishing limited and craft breweries and distilleries and allowing limited breweries within the A-1 district as a by-right use and craft breweries in the B-1, B-2, B-3 and M-2 districts with specified maximum quantities of production and distilleries within all industrial districts with specified maximum quantities of production. Brewery and bottling facilities continue to be permitted by-right in the M-1 and M/T districts. During the public hearing on limited and craft breweries and distilleries, the BOCS directed staff to provide additional amended language that would also permit the

2 DPA# Provide for the Production of Mead, Cider and Similar Beverages on A-1 January 28, 2015 Page 2 production of cider, mead and similar beverages on A-1 property and as part of craft brewery operations. II. Current Situation is as follows: A. Zoning Text Amendment Initiated On November 18, 2014, the BOCS adopted zoning text amendment PLN to permit limited craft breweries in the A-1 district and craft breweries in commercial and M-2 Industrial districts. During the public hearing, the Board directed staff to add additional language to the limited/craft brewery text to provide for the processing of cider, mead and similar beverages in the A-1 district. B. Zoning and Development Review Advisory Committee Copies of the proposed amendment were sent to each committee member with a request for response. To date, two responses were received, one response was no comment. The second response was to include the term beer consistently where the terms mead, cider, and similar beverages are shown. C. Planning Office Recommendation The Planning Office recommends adoption of Zoning Text Amendment #DPA , Provide for the Production of Mead, Cider, and Similar Beverages on A-1, as proposed in Attachment A. D. Planning Commission Public Hearing A public hearing before the Planning Commission has been properly advertised for February 18, III. Issues in order of importance are: A. Policy Does the amendment further the purposes of the Zoning Ordinance? B. Community Input Have members of the community raised any issues? C. Legal Are there any legal implications associated with this zoning text amendment? D. Timing What are the timing considerations of the zoning text amendment. IV. Alternatives beginning with the staff recommendation are as follows: A. Recommend Adoption of Zoning Text Amendment #DPA , Provide for the Production of Mead, Cider and Similar Beverages on A-1, to the Prince William County Zoning Ordinance. 1. Policy The proposed text will further enable the purpose and intent of the Zoning Ordinance by encouraging economic development activities that provide employment and enlarge the tax base, including agricultural related employment.

3 DPA# Provide for the Production of Mead, Cider and Similar Beverages on A-1 January 28, 2015 Page 3 2. Community Input The Planning Office has received no community input on this issue. However, BOCS members have indicated they have received inquiries from constituents. 3. Legal The adoption of the zoning text amendment will incorporate the proposed requirements into the Zoning Ordinance, which is enforceable by the County. Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office. 4. Timing The Planning Commission has until May 19, 2015, 90 days from the first public hearing, to take action on this proposal. A recommendation to adopt the zoning text amendment would meet the 90-day requirement. B. Do Not Recommend Adoption of Zoning Text Amendment #DPA , Provide for the Production of Mead, Cider and Similar Beverages on A-1 Agriculture Properties, to the Prince William County Zoning Ordinance. 1. Policy If the Board of County Supervisors does not adopt the proposed amendment, there may be a lack of clarity within the Zoning Ordinance regarding permitted uses. 2. Community Input The Planning Office has received no community input on this issue. However, BOCS members have indicated they have received inquiries from constituents. 3. Legal Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office. 4 Timing The Planning Commission has until May 19, 2015, 90 days from the first public hearing, to take action on this proposal. A recommendation to deny the zoning text amendment would meet the 90-day requirement. V. Recommendation is that the Planning Commission concur with Alternative A and recommends adoption of Zoning Text Amendment #DPA , Provide for the Production of Mead, Cider and Similar Beverages on A-1. Staff: Nick Evers, Attachments: A. Proposed Text Amendment B. BOCS Initiating Resolution

4 Attachment A Proposed Text Amendment ARTICLE I. TERMS DEFINED PART 100. DEFINITIONS The Zoning Administrator shall strictly construe the following terms and definitions. In the event a term is not defined in this section, the Administrator shall refer to other chapters of the Prince William County Code and to the Building Code for guidance. If ambiguity remains, the Zoning Administrator shall then rely upon the conventional, recognized meaning of the word or phrase (e.g., current edition, Merriam-Webster s Dictionary). In determining what activities comprise components of any use defined herein, the Zoning Administrator may consult the current edition of the North American Industrial Classification Standards. The definitions provided herein shall not be deemed, not shall they be construed to be, a listing of the uses permitted in the zoning districts created by this Chapter. Limited/Craft brewery - a commercial facility that is licensed by the Virginia Department of Alcohol Beverage Control and produces fermented malt beverages, mead, cider and similar beverages and/or beer on-premises in quantities up to 15,000 barrels per year for a brewery located on a farm in Prince William County on land containing a minimum lot area of two (2) acres zoned agricultural (the Farm ) and owned or leased by such brewery or its owner, and up to 10,000 barrels per year for a brewery not located on the Farm. The brewery may include on premise retail sale, tasting, or consumption of mead, cider and similar beverages and/or beer during regular business hours. Any sale of fermented malt beverages, mead, cider and similar beverages and/or beer which is manufactured outside the facility is prohibited. Distillery - A facility for distillation of fermented products to produce distilled beverages with a high alcohol content. Such facility may include bottling, packaging, warehousing and distribution. ARTICLE III. AGRICULTURAL AND RESIDENTIAL DISTRICTS Sec Generally Permitted Uses. PART 300. GENERAL REGULATIONS The following uses shall be permitted in all agricultural and residential zoning districts (unless specifically noted otherwise), subject to the standards set forth for each use. 10. A farm winery, or brewery with a limited brewery license subject to the provisions of :1 of the Code of Virginia, in the A-1 district, on lots of two (2) acres in area or greater only, shall be permitted by right. (a) The following shall be considered by-right accessory uses at farm wineries, and breweries with limited brewery licenses: Page A-1

5 Attachment A Proposed Text Amendment (i) other agriculture products, the production and harvesting of fruit, barley, other grains, hops and (ii) the manufacturing of wine, mead, cider and similar beverages and/or beer (up to a maximum of 15,000 barrels of beer per calendar year); (iii) the storage and sale of wine, mead, cider and similar beverages and/or beer produced by the winery or brewery including retail sales, direct sales and shipment, as well as wholesaling; (iv) the on-premises sale, tasting, or consumption of wine, mead, cider or similar beverages or beer produced by the winery or brewery during regular business hours within the normal course of business of such winery or licensed brewery; (v) the provision of on-site winery and/or brewery tours. shall apply: (b) In addition to the above by-right accessory uses, the following restrictions (i) A restaurant and/or commercial kitchen shall be allowed only on a farm winery, or brewery with a limited brewery license, of ten (10) or more acres. (ii) Special events shall be permitted only on a farm winery, or brewery with a limited brewery license, of ten (10) acres or larger. Any special event in which more than one hundred fifty (150) people are anticipated will require a Temporary Activity Permit. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and other events conducted for the purpose of marketing wine, mead, cider and similar beverages and/or beer, produced on the premises. (iii) Music, art or other entertainment and cultural activities shall be allowed as accessory activities to a special event. Page A-2

6 Attachment B BOCS Initiating Resolution Page B-1

7 Attachment B BOCS Initiating Resolution Page B-2