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Staff Report:
The Zoning
Ordinance defines a farmer’s market as “the use of any tract
of land in a rural zoning district for the retail sales of
agriculture products, horticultural products, acquicultural
products and handmade crafts.” A farmer’s market is allowed
only in the Rural Agricultural District (RA) with approval
of a Category 18 Special Permit. The existing regulations
distinguish between two types such markets: a “farmer’s
market” and a “community farmer’s market.” In general, a
“farmer’s market” is a smaller-scale operation located on
the property where a farmer lives; such markets are largely
limited to selling goods grown or produced on-site or
elsewhere in Fauquier County. A community farmer’s market
is much more akin to a typical commercial use because of its
larger size and broader range of products allowed and
because the proprietor of the market does not have to live
on the property.
The key
differences in the two market designations are summarized in
the table below.
Summary of Key Existing Zoning Ordinance
Requirements/Limitations
Farmer’s Market vs. Community Farmer’s Market
|
|
Farmer’s Market |
Community Farmer’s Market |
|
Minimum Lot Size |
5 acres |
100 acres |
|
Maximum Building Size |
2,500 square feet |
6,500 square feet |
|
Residency |
Proprietor must live on-site |
No residency requirement |
|
Product Limitations |
At least 80% of the products
must be grown or produced in Fauquier County. |
At least 75% of the products
must be grown or produced within Virginia. All
remaining products must be grown and/or produced in
the U.S.A. |
This
proposed text amendment was initiated in response to a
Zoning Violation notice to Living Acres, located at 7185
Burke Lane. The 6.6-acre property, owned by CBCAM, LLC, is
zoned to the RA District and has an approved special permit
and site plan to utilize the 2,560 square foot building
on-site for greenhouse/nursery sales. In addition, the site
is also subject to an approved special permit for a farm
equipment sales, rental and service establishment for the
larger 7,104 square foot building that is also located on
the site. In response to a sign complaint, staff inspected
the site and determined that the property was being utilized
for activities other than those approved, including produce
sales and local wine-tastings. Mr. Cecil Campbell, the
owner, met with staff and described his intention to operate
a farmer’s market as part of the business. As described by
Mr. Campbell, the business would sell locally produced
fruits and vegetables, meats, cheeses and wines. Mr.
Campbell also noted a desire to hold wine-tastings for local
wines on the site. Based on this description, staff
determined that the use was appropriately classified as a
farmer’s market under the Fauquier County Zoning Ordinance.
However, the owner could not apply for such use under
existing regulations because the standards for a farmer’s
market require the proprietor to live on-site, and Mr.
Campbell does not live on the property. Alternatively, the
Community Farmer’s market classification was considered, but
existing regulations would not allow such an approval, as
the property is far smaller than the minimum 100 acres
required for a Community Farmer’s Market.
This text
amendment was initiated in order to provide the opportunity
for Mr. Campbell to apply for a farmer’s market selling
predominately local products, despite his not living on the
property. The amendment allows the on-site residency
requirement for a farmer’s market to be waived by the Board
of Supervisors in conjunction with a special exception
approval.
Discussion
The
proposed text amendment potentially raises significant
issues, as it would allow a farmer’s market on property
where the farmer does not reside, making the market more
akin to a retail use, and significantly expanding the
ability of such uses to locate throughout the county on
smaller rural properties. A check of the real estate
records shows that there are more than 8,000 rurally zoned
parcels less than 100 acres in size.
On the
other hand, the Zoning Ordinance already allows what are
significant commercial activities on smaller rurally zoned
properties and none require a residency requirement; these
uses are listed in the table below, along with the minimum
lot size, where applicable. A broad range of public and
institutional uses are also currently allowed in the rural
zoning districts. It is unclear whether a farmer’s market
may have significantly more impact than these existing
allowed uses, nor is a farmer’s market any less related to
agriculture than the nursery and/or tractor sales
uses.
Commercial Uses Currently Allowed in Rural Districts
|
Use |
Minimum Acreage |
|
BY-RIGHT USES |
|
|
Equestrian
Facilities |
5 acres |
|
On-site processing
and sales of agricultural products |
-- |
|
Wholesale Plant
Nursery/Greenhouse |
5 acres |
|
SPECIAL PERMIT USES |
|
|
Golf/Country Club |
15 acres |
|
Golf Driving Range |
5 acres |
|
Swimming/Tennis
Facility |
1 acre |
|
Paintball
|
24 acres |
|
Firing Range |
50 acres |
|
Baseball/Archery
Range |
3 acres |
|
Private Clubs |
-- |
|
Antique Shops < 3000
sq. ft. |
-- |
|
Kennel |
2 acres |
|
Veterinarian |
-- |
|
Farm Supply
Establishment |
-- |
|
Office < 6 employees |
-- |
|
Broadcasting Studio |
-- |
|
Farm Equipment
Sales, Rental and Service |
-- |
|
Auction |
3 acres |
|
Commercial
Processing of Agricultural Products |
5 acres |
|
Sawmill |
5 acres |
|
Livestock Exchange |
-- |
|
Retail Sales at
Greenhouse/Nursery |
5 acres |
|
Farmer’s Market |
5 acres |
|
Community Farmer’s
Market |
100 acres |
|
Petting Zoo
|
20 acres |
|
SPECIAL EXCEPTION
USES |
|
|
Camps/Lodges/Campgrounds |
20 acres |
|
Equestrian
Facilities w/Spectators |
10 acres |
|
Commercial Hunting
Preserve |
-- |
|
Events |
50 acres |
|
Enclosed
Manufacturing, Research |
100 acres |
|
Contractor’s Offices
and Industrial Uses on < 1AC |
200 acres |
|
Retail Sales in
Conjunction with Industrial Use |
-- |
As an
example, the 6.6-acre Campbell property is already
authorized by special permit for what are significant
commercial uses on the property (greenhouse/nursery and
tractor sales).
In
considering an amendment to address this issue, staff has
carefully reviewed the requirements for both the farmer’s
market designation and the community farmer’s market
designation and has concluded that changing the farmer’s
market use would provide the desired flexibility, while best
maintaining the intent of the original text language to
minimize commercial activity in rural areas. As identified
in the proposed text amendment, staff is recommending that
the residence requirement for proprietors of farmer’s
markets found in Section 5-1812.7 be waived by the Board of
Supervisors subject to the approval of a Special Exception.
By requiring the Special Exception, the Board will have the
authority to determine on a case-by-case basis whether the
operation of a farmer’s market is compatible with the
existing or planned use of the area in which it is proposed.
By utilizing the farmer’s market category rather than the
community farmer’s market category, the size of the farmer’s
market is substantially limited and the products are
required to be locally produced within Fauquier County.
Therefore, while more non-traditional farmer’s markets could
be approved under this new provision, the intent to promote
locally produced products is retained.
It is important to note that in the last several months
activities have occurred on the Campbell property which go
beyond those initially described to staff, and for which
this amendment was based. For example, the Living Acre’s
web site specifically advertises a range of goods for sale
that are not locally produced. While the farmer’s market
designation does allow a small percentage (20%) of the
overall products to be from outside Fauquier County, it is
not clear that the changing business plan will now fit
comfortably within the parameters of the proposed
amendment. Staff has spoken with Mr. Campbell regarding a
more detailed description of the proposed products for sale
and was informed that while it is his intent to focus on the
sale of locally produced products as they are available in
season, he also plans to obtain and sell inventory from a
broad range of producers or vendors outside of Fauquier
County and the state to satisfy customers during the off
growing season. The text amendment as currently proposed
would not accommodate this expanded business plan. Staff
would also note that Mr. Campbell conducted extensive
outdoor activities on the property on weekends throughout
the fall, with prominently advertised play for children in a
festival-like approach. These activities would not be
allowed under a farmer’s market special exception, but the
owner could seek a separate special exception for such
events if there is a desire to continue such activities in
the future.
The Board of Supervisors initiated the proposed text
amendment at their regularly scheduled meeting held on
October 9, 2008. Planning Commission
public hearings for this proposed amendment were held on
December 10, 2008, January 29, 2009, and February 26,
2009. At the February 26, 2009 meeting, the Planning
Commission unanimously recommended denial of the proposed
amendment. Among the concerns noted were: the fact that the
Ordinance did not solve the problem it was initiated to
solve; opening up the rural areas to what is effectively
retail activity and possible undermining of actual farmers
doing farmer’s markets.
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