WESTMORELAND COUNTY, VIRGINIA

Land Use Administration

MONTROSS, VIRGINIA 22520

P. O. Box 1000 Phone: (804) 493-0120

Montross, Virginia 22520 Fax: (804) 493-0604

Planning Commission
Staff Report
Date: October 10, 2017
From: Beth McDowell, Planner
Case #: #1711-SE-04
Site Address: Kings Highway & Finchs Hill Road
Site Location: < 1 mile north-west of Montross
Magisterial District: Montross Magisterial District (Election District 3)
Site Tax Map: 33-7
Owner/Applicant: owner = Larry Cook, agent = S. Everett Lovell
Site Property Size: 88.24 acres
Site Zoning District: A-1 Agriculture
Utilities: private well & septic drainfield
Authority: 10-3.12 Special Exception Permit
Project Description: Special Exception for a Wholesale & Processing Facility (brewery) and
Restaurant
Work Session: Monday, October 23, 2017 (3:00 p.m., George English Building)
Planning Commission: Monday, November 6, 2017 (1:30 p.m., George English Building)
Board of Supervisors: Monday, November 13, 2017 (6:00 p.m., G. English building)

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FINDING OF FACTS

Project Description:

The applicant is under contract to purchase 88 acres of vacant land at the intersection of Kings Highway (State
Route 3) and Finchs Hill Road (State Route 623), excluding a separate 1.9 acre parcel at the exact corner of the
two roads. He wishes to construct a building and other improvements for a beer brewing facility, as well as a
restaurant/tasting room. The initial projected output is 15,000 gallons (484 barrels) per year, with five
employees in the initial phase. The applicant also has a brewing facility in Stafford County that they intend to
operate simultaneously.

The business is proposed to front on Kings Highway. The proposed structure is 60 by 107. Roughly half of
the structure would house the brewing operation, and the other half would be the restaurant and tasting area. In
addition, the preliminary site plan shows an outdoor patio along the rear right-hand side of the structure. Food
for the restaurant will be provided either by an on-site kitchen or food trucks. The applicant has also expressed
an interest in hosting several tasting festivals per year at this location. Current ABC guidelines allow up to
eight festivals per year, and the Zoning Ordinance exempts such events from Special Event permitting.

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Issue:

The property is zoned A-1 Agriculture. Both the brewery (use category Wholesale & Processing Facility)
and the Restaurant require approval of a Special Exception from the Board of Supervisors.

Topography and Physical Features:

The property is currently wooded. A large portion of the middle of the lot is a slope of approximately 20%
which falls into a ravine with a possible stream along the bottom. The stream has not been evaluated to
determine whether it is always wet or only wet following a rain. Development is not anticipated within 100 feet
of this area at this time.

As the proposed development will not impact the majority of this 88-acre lot, in the future the applicant wishes
to thin some of the pine trees for fire safety reasons, as well as to allow guests to enjoy the property. The
Preliminary Site Plan shows future additional parking and a path/road leading to the remainder of the property.
At this time, a Park is an allowed use in A-1 zoning districts, although additional permitting would likely be
required.

Surrounding Zoning and Development:

The majority of the adjacent land is zoned A-1 Agriculture. The lots to the north, west, and east are larger
parcels that are primarily wooded or farm fields with scattered single-family homes. There are two residences
in the general vicinity of the project site that are several hundred feet away across Kings Highway.

There is higher density residential use across Finchs Hill Road, which is over 700 feet from the project site.
On the opposite corner of the intersection of Finchs Hill Road and Kings Highway, the Clarks Directional
Boring property is zoned B-1 General Business. In addition, the remainder of the J. F. Johnson subdivision past
Clarks along Kings Highway is zoned R-1 General Uses Residential.

Water/Sanitary System:

At this time, the applicant intends to use on-site well water and septic drainfield. According to the Health
Department, a project of this type normally employs a soil specialist or professional engineer to design the
system.

The process of operating a commercial brewery does involve a sizeable amount of water. Some of this water
will be used for rinsing and cleaning, and the applicant hopes to install a gray-water processing feature to treat
some of this discharge, similar to a stormwater management facility.

Transportation:

This preliminary site plan was forwarded to the Virginia Department of Transportation (VDOT), and they have
determined that the proposed entrance location and sight distances are acceptable. Additional and detailed
design work would be required by VDOT during the site plan approval process.

Landscaping and Screening:

According to the applicant, existing vegetation would be thinned and limbed up between the facility and
Route 3 in order to allow some visibility from the road. Transitional vegetative screening and a portion of the
required landscaping can be provided by the remainder of this property, which will remain wooded.

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Comprehensive Plan Considerations:

This property is located outside of the Primary Growth Area of Montross and within the Rural Lands. The
Comprehensive Plan states that Scattered and isolated commercial uses are expected within the rural lands.
Most businesses will be related to the natural resources of the area, or are secondary businesses to help support
the farmers and other rural residents. The rural lands will also have scattered industrial uses.

Additional Notes:

In January 2015, the use Farm Brewery was added as an allowed use by-right on A-1 properties. Such
breweries operate under a certain state license, which requires that the brewery be located on agricultural land
within Virginia, produce less than 15,000 barrels per year, and also that it grow certain ingredients for the beer
on the property. The brewery as proposed will not qualify as a Farm Brewery because it does not intend to
grow the ingredients on-site.

RECOMMENDATION

We believe that this application has merit. Microbreweries are a growing industry, and the on-site restaurant
and tasting area gives it another facet that can appeal to both locals and tourists. Due to the size of the property
and the project sites location, impacts on adjacent properties should be limited and can be further reduced by
restricting the hours of operation.

Should the Board consider approval of the request, staff recommends the following conditions:

1. The Special Exception is approved in general accordance with the submitted Preliminary Site Plan,
designed by Allison Baird & Sehl and dated August 25, 2017, as well as the floor plan and elevations
designed by Rod Harvey, dated 9-20-2017 and revised 10-2-2017.

2. There shall be no sale or consumption of alcoholic beverages on the premises between 10 p.m. and 10
a.m. There will be no music played, either live or recorded, outside the establishment between the same
hours. The traffic of delivery or distribution trucks shall be prohibited between the hours of 10 p.m.
and 6 a.m.

3. Any expansion of this use beyond the terms provided herein shall require amendment to this Special
Exception approval.

4. In accordance with the provision of Section 10-3.12 (11) of the Westmoreland County Zoning
Ordinance, the activity shall begin within 365 days of the approval of this Special Exception by the
Board of Supervisors. Prior to the start of the activity, zoning and/or building approval must be sought
and granted.

5. This Special Exception and all conditions listed herein shall run with the land but may be revoked by the
County of Westmoreland or its designated agent for failure by the applicant or its assigns to comply with
any of the listed conditions or any provision of Federal, State or Local regulations.

6. No additional or future development will be permitted on the property except in compliance with all the
applicable codes.

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Attachments:
Application
Tax Map 33
Aerial photo of lot and surrounding area
Preliminary Site Plan, designed by Allison Baird & Sehl, dated August 25, 2017
Floor plan and elevations, designed by Rod Harvey, dated 9-20-2017, revised 10-2-2017

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