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DRRC 01-22-15 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM To: Development Review and Regulations Committee From: Candice E. Perkins, AICP, Senior Planner Subject: January Meeting and Agenda Date: January 12, 2015 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, January 22, 2015 at 7:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the following agenda items: AGENDA 1) Election of DRRC Chairman and Vice-Chairman. As stipulated in the DRRC Operating Procedures, a chairman and vice-chairman will be elected during the first meeting of each year. 2) Farm Breweries. Discussion on revisions to the Zoning Ordinance to include farm breweries with farm wineries, consistent with the State Code. 3) R4 District Permitted Uses. Discussion on the addition of the OM District to the permitted uses in the R4 District. 4) Permeable Pavers. Discussion on the use of permeable pavers for parking lots. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/pd Attachments Item #2: Farm Breweries In 2009 Frederick County adopted standards for farm wineries pursuant to the requirements of the Code of Virginia. In 2014 additional standards were introduced into the Code of Virginia for farm breweries. The 2009 revisions for wineries included the state standards along with allowances for special events and a site plan requirement. In 2014 the Code of Virginia was modified to include allowances for farm breweries. Staff is proposing to alter the farm wineries text to include provisions for farm breweries and inclusion of a definition. Staff would like to discuss with the DRRC the current Ordinance requirements and potential elimination or revisions to the height exemptions. Attachments: 1. Zoning Ordinance - Proposed Addition 2. Code of Virginia – Farm Breweries ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: EE. Farm Breweries. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.22. Farm Wineries and Limited Farm Breweries. Farm Wineries and Farm Breweries in the RA (Rural Areas) District, shall meet the following requirements: A. The following shall be considered by-right accessory uses at Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at farm wineries: (1) The production and harvesting of fruit and other agricultural products; (2) The manufacturing of wine; (3) The storage and sale of wine produced by the winery, including retail sales, direct sales and shipment, as well as wholesaling; (4) The provision for on-site winery tours; (5) The incidental retail of wine-related items; (6) Wine tasting; (7) Providing finger foods, soups, and appetizers for visitors; and (8) Kitchen and catering activities related to a use at the farm winery. B. Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at a farm brewery (limited brewery license): (1) The production and harvesting of barley, other grains, hops and other agriculture products: (2) The manufacturing of beer (up to a maximum of 15,000 barrels of beer per calendar year); (3) The storage and sale of beer produced by the brewery including retail sales, direct sales and shipment, as well as wholesaling; (4) The provision of on-site brewery tours. (5) The incidental retail of beer-related items; and (6) The on-premises sale, tasting, or consumption of beer produced by the brewery during regular business hours within the normal course of business of such brewery; (7) Kitchen and catering activities related to a use at the farm brewery; and (8) Providing finger foods, soups, and appetizers for visitors. C. Special events shall be permitted only on farm wineries and farm breweries of ten acres or larger. Special events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, and wedding receptions. Any event at which more than 150 people are anticipated will require a festival permit. D. A site plan in accordance with the requirements of Article VIII shall may be required should the Zoning Administrator deem it necessary due to the scale of the use. be submitted to and approved by Frederick County. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02. Definitions and word usage. FARM BREWERY - A brewery licensed as a limited brewery and is located on a farm in the Commonwealth on land zoned RA (Rural Areas) District. VIRGINIA ACTS OF ASSEMBLY --2014 SESSION CHAPTER 365 An Act to amend and reenact § 4.1-208 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2288.3:1, relating to breweries located on farms; local regulation of certain activities. [S 430] Approved March 27, 2014 Be it enacted by the General Assembly of Virginia: 1. That § 4.1-208 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 15.2-2288.3:1 as follows: § 4.1-208. Beer licenses. The Board may grant the following licenses relating to beer: 1. Brewery licenses, which shall authorize the licensee to manufacture beer and to sell and deliver or ship the beer so manufactured, in accordance with Board regulations, in closed containers to (i) persons licensed to sell the beer at wholesale; (ii) persons licensed to sell beer at retail for the purpose of resale within a theme or amusement park owned and operated by the brewery or a parent, subsidiary or a company under common control of such brewery, or upon property of such brewery or a parent, subsidiary or a company under common control of such brewery contiguous to such premises, or in a development contiguous to such premises owned and operated by such brewery or a parent, subsidiary or a company under common control of such brewery; and (iii) persons outside the Commonwealth for resale outside the Commonwealth. Such license shall also authorize the licensee to sell at retail the brands of beer that the brewery owns at premises described in the brewery license for on-premises consumption and in closed containers for off-premises consumption. Such license may also authorize individuals holding a brewery license to (a) operate a facility designed for and utilized exclusively for the education of persons in the manufacture of beer, including sampling by such individuals of beer products, within a theme or amusement park located upon the premises occupied by such brewery, or upon property of such person contiguous to such premises, or in a development contiguous to such premises owned and operated by such person or a wholly owned subsidiary or (b) offer samples of the brewery's products to individuals visiting the licensed premises, provided that such samples shall be provided only to individuals for consumption on the premises of such facility or licensed premises and only to individuals to whom such products may be lawfully sold. 2.Limited brewery licenses, to breweries that manufacture no more than 15,000 barrels of beer per calendar year, provided (i) the brewery is located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such brewery or its owner and (ii) agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown on the farm. The licensed premises shall be limited to the portion of the farm on which agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown and that is contiguous to the premises of such brewery where the beer is manufactured, exclusive of any residence and the curtilage thereof. However, the Board may, with notice to the local governing body in accordance with the provisions of § 4.1-230, also approve other portions of the farm to be included as part of the licensed premises. Limited brewery licensees shall be treated as breweries for all purposes of this title except as otherwise provided in this subdivision. 3.Bottlers'licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of beer in closed containers and to bottle, sell and deliver or ship it, in accordance with Board regulations to (i) wholesale beer licensees for the purpose of resale, (ii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iii) persons outside the Commonwealth for resale outside the Commonwealth. 3.4.Wholesale beer licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of beer and to sell and deliver or ship the beer from one or more premises identified in the license, in accordance with Board regulations, in closed containers to (i) persons licensed under this chapter to sell such beer at wholesale or retail for the purpose of resale, (ii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iii) persons outside the Commonwealth for resale outside the Commonwealth. No wholesale beer licensee shall purchase beer for resale from a person outside the Commonwealth who does not hold a beer importer's license unless such wholesale beer licensee holds a beer importer's license and purchases beer for resale pursuant to the privileges of such beer importer's license. 4.5.Beer importers'licenses, which shall authorize persons licensed within or outside the Commonwealth to sell and deliver or ship beer into the Commonwealth, in accordance with Board 2 of 3 regulations, in closed containers, to persons in the Commonwealth licensed to sell beer at wholesale for the purpose of resale. 5.6.Retail on-premises beer licenses to: a. Hotels, restaurants and clubs, which shall authorize the licensee to sell beer, either with or without meals, only in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas. b. Persons operating dining cars, buffet cars, and club cars of trains, which shall authorize the licensee to sell beer, either with or without meals, in the dining cars, buffet cars, and club cars so operated by them for on-premises consumption when carrying passengers. c. Persons operating sight-seeing boats, or special or charter boats, which shall authorize the licensee to sell beer, either with or without meals, on such boats operated by them for on-premises consumption when carrying passengers. d. Grocery stores located in any town or in a rural area outside the corporate limits of any city or town, which shall authorize the licensee to sell beer for on-premises consumption in such establishments. No license shall be granted unless it appears affirmatively that a substantial public demand for such licensed establishment exists and that public convenience and the purposes of this title will be promoted by granting the license. e. Persons operating food concessions at coliseums, stadia, or similar facilities, which shall authorize the licensee to sell beer, in paper, plastic, or similar disposable containers, during the performance of professional sporting exhibitions, events or performances immediately subsequent thereto, to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board in such coliseums, stadia, or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. f. Persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility which has seating for more than 3,500 persons and is located in Albemarle, Augusta, Pittsylvania, or Rockingham Counties. Such license shall authorize the licensee to sell beer during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. g. Persons operating food concessions at exhibition or exposition halls, convention centers or similar facilities located in any county operating under the urban county executive form of government or any city which is completely surrounded by such county, which shall authorize the licensee to sell beer during the event, in paper, plastic or similar disposable containers to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board in such facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. For purposes of this subsection, "exhibition or exposition halls" and "convention centers" mean facilities conducting private or public trade shows or exhibitions in an indoor facility having in excess of 100,000 square feet of floor space. 6.7.Retail off-premises beer licenses, which shall authorize the licensee to sell beer in closed containers for off-premises consumption. 7.8.Retail off-premises brewery licenses to persons holding a brewery license which shall authorize the licensee to sell beer at the place of business designated in the brewery license, in closed containers which shall include growlers and other reusable containers, for off-premises consumption. 8.9.Retail on-and-off premises beer licenses to persons enumerated in subdivisions 5 6 a and 5 6 d, which shall accord all the privileges conferred by retail on-premises beer licenses and in addition, shall authorize the licensee to sell beer in closed containers for off-premises consumption. § 15.2-2288.3:1. Limited brewery license; local regulation of certain activities. A. It is the policy of the Commonwealth to preserve the economic vitality of the Virginia beer industry while maintaining appropriate land use authority to protect the health, safety, and welfare of the citizens of the Commonwealth and to permit the reasonable expectation of uses in specific zoning categories. Local restriction upon such activities and public events of breweries licensed pursuant to subdivision 2 of § 4.1-208 to market and sell their products shall be reasonable and shall take into account the economic impact on such licensed brewery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for such licensed breweries. Usual and customary activities and events at such licensed breweries shall be permitted unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at such licensed breweries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at such licensed brewery, the locality shall consider the effect on adjacent property owners and nearby residents. 3 of 3 B. No locality shall regulate any of the following activities of a brewery licensed under subdivision 2 of § 4.1-208: 1. The production and harvesting of barley, other grains, hops, fruit, or other agricultural products and the manufacturing of beer; 2. The on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery; 3. The direct sale and shipment of beer in accordance with Title 4.1 and regulations of the Alcoholic Beverage Control Board; 4. The sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law; 5. The storage and warehousing of beer in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law; or 6. The sale of beer-related items that are incidental to the sale of beer. C. Any locality may exempt any brewery licensed in accordance with subdivision 2 of § 4.1-208 on land zoned agricultural from any local regulation of minimum parking, road access, or road upgrade requirements. Item #3: R4 District Permitted Uses Staff has been instructed to include the OM (OM Office-Manufacturing Park) Zoning District in the permitted uses list of the R4 (Residential Planned Community) Zoning District. Currently the R4 allows RP, B1, B2, B3 and M1 Zoning Districts. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501 – R4 Residential Planned Community District § 165-501.01 Intent. The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165-501.02 Rezoning procedure. In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article VIII must also be completed concurrently with or following the consideration of the rezoning. A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services. B. Land dedication. Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs. C. Addition of land. The Board of Supervisors may approve the addition of land to an approved planned community through the procedures set forth in this chapter for the original approval of a planned community development. § 165-501.03 Permitted uses. All uses are allowed in the R4 Residential Planned Community District that are allowed in the following zoning districts: RP Residential Performance District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM OM Office-Manufacturing Park District M1 Light Industrial District Staff would like to discuss with the DRRC the current Ordinance requirements and proposed change to include the OM District as a permitted use in the R4. Item #4: Permeable Pavers Staff has received request to include an allowance for the use of permeable pavers for the construction of parking lots within all zoning districts. Currently the ordinance only allows for their use within overflow parking areas. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 202 – Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete, permeable paving systems, or similar materials. Such surface materials shall provide a durable, dust and gravel-free, hard surface. a. The Zoning Administrator may allow for the use of other hard-surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface. b. In the RA (Rural Areas) District parking lots with (10) or fewer spaces shall be permitted to utilize gravel surfaces. c. Reinforced grass systems, permeable paving systems, or other suitable materials may be used for overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. Staff would like to discuss with the DRRC the current Ordinance requirements and potential allowance for the use of permeable pavers for parking lots.