Passing the baton: PC hands off Zoning Ordinance Rewrite to BOS

By Laura Longley

A lot has happened in Loudoun in the past 30 years: In 1993, there was no Greenway. No data centers. No farm breweries. Four farms that had begun to grow grapes—Willowcroft, Windham, Tarara, and Breaux. 

Little wonder, then, that the Loudoun County Zoning Ordinance, adopted by the Board of Supervisors on June 16, 1993, offered few if any regulations applicable to today’s 100 plus data centers, or development modifications to guide construction of Affordable Dwelling Units, or noise restrictions on any of the 50 wineries that host special events to boost their bottom lines.

With all the changes over the decades, what’s surprising is that the four years of “rewriting” the  Zoning Ordinance has taken only a few thousand hours of  Planning and Zoning staff time, hundreds of hours of Zoning Ordinance Committee members’ time, 25 meetings of the Planning Commission, and three BOS public hearings with a total of 134 speakers to comment on the work in progress, now a draft of 700 pages. 

Once completed, the rewritten ordinances will provide the standards and regulations needed to implement the county’s 2019 Comprehensive Plan.

There is still more work to be done and more stakeholders to have their say, as the supervisors learned at the July 26 meeting where Michelle Frank, chair of the Planning Commission, announced she was passing the baton to BOS Chair Phyllis J. Randall. Quipped Randall, “I ran track in school, usually the anchor leg.”

Given the complexity of some of the regulatory topics, the Planning Commission recommended (9-0) that eight Comprehensive Plan Amendments (CPAMs) and/or Zoning Ordinance Amendments (ZOAMs) be addressed after adoption of this new Zoning Ordinance. Those topics include a) prime soils and cluster developments, b) data centers, c) attainable housing, and d) competing interests in western Loudoun among residents and rural business owners. 

On that final point, Randall observed, wineries and breweries are now the “data centers of the west,” with similar economic, environmental, noise, lighting, traffic, and quality of life issues at play. 

Major conflicting themes are 1) easing use-specific standards for livery stables and equine event facilities; 2) establishing limits for outdoor lighting and music that apply consistently for all rural economy uses; 3) easing restrictions upon limited breweries, limited distilleries, Virginia farm wineries, banquet/event facilities, and restaurants; 4) strengthening regulations for limited breweries, limited distilleries, Virginia farm wineries, and banquet/event facilities to reduce noise, lighting, parking, and traffic impacts; and 5) adding a new definition of “farm” to the new Zoning Ordinance that would be applied generally throughout the new document..

These themes were echoed again by the speakers at the Board’s recent public hearing:

Capturing the positions of the wineries were Kerem Baki, owner/winemaker of Hillsborough Winery, and Lacey Huber, vice president of Stone Tower Winery. 

“I’m the current president of the Loudoun Wineries and Wine Growers Association,” said Baki. “We support the simplification of the definition for Virginia farm wineries to align with the Code of Virginia. This is for two primary reasons: one, to ensure ease of incorporation of any changes made by the state—there was recently one in July—and, secondly, to allow wineries to keep a competitive edge in the state by having the same rights and regulations as other wineries in neighboring counties.” 

Lacey Huber reiterated the wineries’ theme emphasizing the Code of Virginia, which is more open-ended. “Specifically, I’m asking for the simplification of the definition for the Virginia farm wineries to align with the Code of Virginia. Please delete the text found within the July 6 draft and replace with ‘Winery. Virginia Farm—a winery licensed as a farm winery in accordance with the Code of Virginia 4.1–219 as amended.’ 

“In terms of what we do,” she said, “so much of it is about supporting our community and preserving green space for people to come out and enjoy.”

Kate Zurschmeide, who arrived with a large portrait of her multi-generational family, spoke to multiple agribusiness issues. “I’m one of the founding family members of Bluemont Vineyard, Dirt Farm Brewing and Great Country Farms, which was founded in 1993. “I urge you to be wary of unintended consequences and astronomical costs lurking in this rewrite. When you redefine terms such as ‘farm’ and the uses allowed on them, you are redefining the future of our family and countless others.” 

She repeated the message of the evening; to align the ordinance with the state regulation which she said “allows for business creativity and flexibility.” 

Avis Renshaw, owner of Lost Corner Farm and Mom’s Apple Pie, explained farmers’ concerns about on-farm processing facilities. The farmers would like the proposed ordinance changed from 51 percent of the products coming from the farm itself to 51 percent “Loudoun grown,” she said.     

“The cost of processing facilities is very expensive. There are very few farmers that could afford to build a processing plant and use their own produce there. It would be much better to have a more communal aspect to that provision,” said Renshaw.

Sara Brown, who owns Oakland Green Farm, raises beef cattle and has a small bed and breakfast. “I like to think of diverse production, the agricultural landscape, as a critical component to our community and not as nice to have and not as a museum exhibit,” she said. 

“Importantly, all farms are not agribusiness and vice versa. Definitions are important. Certainly, you’ve heard tonight that some rural businesses are in varying states of compliance [with the Zoning Ordinance], the byproduct of a bursting, successful rural economy and regulations that haven’t kept up very well.” 

Brown said, “There’s cause for hope that we’re diversifying and re-engaging with production agriculture in a way that we haven’t in a generation. This evening, I was at the Loudoun County Fair, where hundreds of kids have dedicated their efforts to agricultural projects. There are more than 50 breeds of poultry represented. There are protein and fiber sheep and goats, as well as clubs that create farming opportunities for kids without farms of their own. And as long as we eat, farms will be needed.”

Middleburg resident Jeb Benedict said, “The rewrite fails to address the biggest concern of residents of the Rural Policy Area, which is the failure to properly manage high-intensity uses. They need to be a priority.”  

Said Benedict, “One is limiting site development for multiple high-intensity uses, such as taprooms and special event facilities. Second would be ensuring permitted uses are appropriate and scale to the intensity of use and parcel size. Third is to improve protections against noise and light pollution and ensure proper enforcement. Fourth is to improve the definition of agriculture operations or farms to tighten up on so-called farm breweries. And, five, the county should require actual farming—real brewing production—on site and disallow permanent food trucks.” 

Benedict concluded, “The board has an obligation to rural residents and to the county’s future to preserve the rural and true farming character of western Loudoun. We want you to get it right. But please don’t leave the issue of high intensity uses unaddressed too long.”

“Balance” is the word Avis Renshaw emphasized. “It’s really important to maintain a good balance and have businesses that respect residents and residents that respect businesses. 

“I think when you get into the high-intensity entertainment businesses, it’s a much bigger problem … I’d like to not have noise after nine o’clock at night. I don’t think that’s too much to ask for a rural business. If you want to have a big deal that goes to one in the morning, do it in a place that’s zoned for that and don’t encroach on your neighbors … By the same token, I know that wineries rely especially on their entertainment business. It’s really hard to make a margin even in winery businesses,” said Renshaw.

Further comment from citizens will be accepted as the rewrite continues into the fall.