HomeMy WebLinkAboutZTA201000002 Legacy Document 2012-06-25 (2)STAFF: Amelia McCulley, Johnathan Newberry, Wayne Cilimberg
PLANNING COMMISSION PUBLIC HEARING: April 19, 2011
BOARD OF SUPERVISORS PUBLIC HEARING: TBD
ZTA: 2010 -00002 Performance Standards Update
ORIGIN: Resolution of Intent adopted by the Commission on June 8, 2010 (Attachment A)
PROPOSAL: Improve, update and better clarify the performance standards relating to uses of
an industrial character.
PUBLIC PURPOSE TO BE SERVED: This amendment serves several purposes: 1) To
revise the standards to more practically address the impacts of industrial uses, especially since
we have allowed additional uses in the Light Industry district and are broadening the permitted
uses in general; 2) To update outdated references, such as to state and federal agencies; and
3) To improve the clarity of the regulations and procedures.
BACKGROUND: This and other efforts in the industrial districts are implementing goals
identified in the Economic Vitality Plan. In addition to increasing the current available industrial
land supply, the Plan recommends improved flexibility in the industrial district regulations in the
Zoning Ordinance. The first phase of this work involved an amendment to allow by special
use permit in the Light Industry district, those uses that are permitted by -right in the Heavy
Industry district (ZTA 2010 -01 approved June 2, 2010). The Commission mentioned the need
for effective performance standards in their review of this ordinance amendment. The
Commission held a work session on performance standards on August 17, 2010. We will
address information in follow -up to this meeting within the "Discussion" section of this report.
The current performance standards address noise, vibration, glare, air pollution, water
pollution, radioactivity, and electrical interference. Prior to commencing a use of an industrial
character and /or obtaining final site plan approval for a site involving an industrial use, the
applicant must submit a certified engineer's report to the County Engineer. This report must
describe the proposed operation with very specific details, including all machines, processes,
products and by- products; stating the nature and expected levels of emission or discharge to
land, air and /or water or liquid, solid or gaseous effluent; electrical impulses and noise under
normal operations; and the specifications of treatment methods and mechanisms to be used to
control such emission or discharge.
Performance standards are established to control and limit the impacts generated by the use
of land or buildings. Generally, performance standards provide specific criteria limiting noise,
air pollution, emissions, odors, vibration, dust, glare, etc. Our enabling authority under the
Virginia Code limits the extent to which local governments can regulate environmental aspects
of a use. In addition, the Department of Community Development generally does not have the
necessary level of expertise within its staff to administer and enforce environmental regulations
such as radiation and air pollution. This is to explain that while they are mentioned within the
performance standards, the vast majority of environmental regulation is accomplished at the
state and federal agency level, such as through the Virginia Department of Environmental
Quality (DEQ). The Fire Prevention Code, administered by the Albemarle Fire /Rescue
Department, addresses activities involving and the storage of all flammable and explosive
materials.
DISCUSSION:
The proposed ZTA would amend County Code § 18 -4.14 to revise the methods of
measurement for sound and vibration and add "heat" to the performance standard pertaining to
glare, adding new standards for glare from processes and heat. The proposed amendments to
Section 18 -4.14 also would eliminate the existing standards for air pollution, water pollution
and radiation and instead require that applicants provide information with their certified
engineer's report to demonstrate compliance with the state and federal standards applicable to
those pollutants. Finally, the proposed amendments to Section 18 -4.14 would update the
required contents of a certified engineer's report and authorize the zoning administrator to not
require a certified engineer's report in a particular case upon the recommendation of the
county engineer.
The proposed ZTA also would amend County Code § 18 -30.4 to update the regulations for the
natural resource extraction overlay district. The key amendments proposed would revise the
requirements for a zoning clearance and update the performance standards specific to natural
resource extraction activities.
Related amendments to County Code §§ 18 -26.7 and 18 -31.5 are also proposed.
At the Commission work session, several questions / issues were brought up for further study.
Please see Attachment B for a response to these comments, including an email from DEQ.
Of all the performance standards, the one that is directly measured by Zoning staff is sound.
The issue of sound measurement arose with the recent ZTA for regulation of outdoor amplified
sound at farm wineries. Zoning is currently researching replacement of our sound meter to
obtain compliance with all 28 specifications outlined in the Virginia Code for criminal
enforcement (even though Zoning enforced through a civil process). In addition in the near
future, we will be obtaining certified sound meter training from the manufacturer.
In accordance with prior Board direction, we will address the impacts using the three (3)
criteria to consider for all text amendments:
Administration / Review Process: By clarifying the requirements and process and by
codifying administrative practice, this text amendment will improve the administration /
review process for performance standards.
Housing Affordability: Staff does not anticipate any impacts on housing affordability.
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Implications to Staffing / Staffing Costs: No additional staffing costs will result from the
proposed performance standards. As noted under "Administration / Review Process," this
amendment will improve the process and therefore should positively impact staffing.
Because this is such a small portion of our work, this impact is not measureable.
In summary, these amendments will update and clarify the standards relating to the
performance of uses of an industrial character. The proposal is consistent with our peer
localities' regulations. They will better enable us to allow industrial uses while minimizing their
impacts.
STAFF RECOMMENDATION: Adoption of the proposed performance standards amendments
(Attachment C).
Attachment A: Performance Standards Commission Work Session Report, including
Resolution of Intent (as Attachment A) and Existing Performance
Standards (as Attachment B)
Attachment B: Response to Commission Comments during Work Session
Attachment C: Proposed Ordinance Performance Standards
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