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HomeMy WebLinkAboutZTA201000004 Legacy Document 2012-08-14 (6)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2010 -00004 Phase III Industrial Uses SUBJECT /PROPOSAL /REQUEST: Work Session - Re- codification of Use Allowances in the Industrial Districts STAFF CONTACT(S): McCulley, Cilimberg, Stimart, Baldwin and Newberry BACKGROUND: AGENDA DATE: May 15, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes In 2009, the Board of Supervisors adopted an update of the Economic Development Policy that identified one of the short - term priorities as to "Initiate zoning text amendments that further enable business and industrial uses of the appropriate zoning districts" (Objective II, Strategy 4). In August 2010, the Board adopted the revised Economic Vitality Action Plan which included direction to remove obstacles and expand options and flexibility for industrial land users through considering amendments to the zoning ordinance. On January 31, 2012 and as a follow -up to a Resolution of Intent passed by the Planning Commission on November 29, 2011, the Commission held its second work session on Phase III of the industrial zoning text amendments focusing on changes to industrial uses that can better reflect current industrial technologies and increase flexibility within industrial districts while preserving their integrity for true industrial uses. (See Attachment A, Minutes) In response to information and recommendations provided by staff and public comment received at that work session, the Commission provided further direction to staff which is discussed in the following section with further staff information provided in response. DISCUSSION: In summary, staff's proposals in January to preserve integrity and meet the intent of industrial zoning were: Provide broad categories of industrial uses by- right; only specify industrial uses subject to SUP or prohibited Allow stand -alone office use by SUP in LI and HI (now by -right in LI); grandfather existing stand -alone office uses (with provision for future expansion of up to 25 %) Allow C -1, CO and HC uses up to 25% of LI floor area by SUP (not now allowed) Allow supporting commercial up to 25% of floor area (up to 49% with modification) by -right in LI and HI (now up to 5% by SUP in LI and HI); allow accessory office and subordinate retail sales up to 25% of floor area (up to 49% with modification) by -right in LI an HI (retail now up to15% by SUP in LI) Allow slaughterhouses by -right in the LI and HI zoning districts (now by SUP in HI); allow Rendering Plants by SUP in the LI and by -right in the HI (now by SUP in HI) Prohibit especially hazardous and noxious uses • Manufacture of: acetylene gas, acid, ammonia, bleaching powder, chlorine, detergent and cleaning preparations made from animal fats, *fireworks or explosives, fish meal, nitrogenous tankage, paints, varnish, or shellac that requires distillation or heating of ingredients, phosphates, turpentine • Sludge storage • Disposal /storage of toxic wastes as defined by the Toxic Substance Control Act (EPA website) • Incinerator Other changes proposed by staff in January were: Allow multi - family by SUP in LI (not now allowed) Indoor athletic facilities not expressly allowed (now by SUP in LI); possible up to 25% of floor area in LI by SUP as C -1, CO and HC use Kennels and veterinary hospitals not expressly allowed (now by SUP in LI); possible up to 25% of floor area in LI Page 2 of 3 by SUP as C -1, CO and HC use Motorcycle and off -road vehicle sales not expressly allowed (now by SP in HI); possible up to 25% of floor area in LI by SUP as C -1, CO and HC use The Planning Commission provided the following direction; further staff information follows each point (in italics): Office uses should be allowed by -right rather than by special use permit. Supplementary regulations should assure that structures accommodating office uses be "convertible" for industrial uses. Jay Schlothauer, County Building Official, indicates that structures built for office purposes are not required nor are they typically built to industrial building standards. The Building Code stipulates the standards required for office structures and the Zoning Ordinance cannot otherwise require that buildings built for by -right office use be built to an industrial standard. Therefore, the only way to assure "convertibility" of buildings used for office purposes would be with conditions tied to a special use permit for the office use. It should also be noted that the Economic Vitality Action Plan stipulates the following as an action: "Continue pursuing strategies to stop the conversion of properties zoned light industry (LI) to commercial, office and other uses that are not "core" industrial uses." Continued allowance of stand -alone office use by -right on industrially zoned land can lead to such conversions discouraged in the Action Plan. Susan Stimart, Economic Development Facilitator, has talked to commercial and industrial brokerage representatives about current office and industrial vacancy rates and possible "tensions" that could result between use of industrial properties for non - industrial purposes and maintaining the properties for "core" industrial uses. Her summary is attached. (See Attachment C) Staff believes an alternative approach to the allowance of office use on industrial property can address the intention of the Economic Vitality Action Plan while still providing some user flexibility for landowners: • Allow office use directly associated with any industrial use located in the City of Charlottesville and Albemarle County by -right with no restriction on industrially zoned land. In particular, this "accessory industrial office" would allow such things as corporate offices to exist as free - standing uses if they are connected to an industrial use located on any lands in the City and County whether at the same site or another site. This can better enable industrial users to meet growing space needs by providing greater location flexibility for various aspects of their operations. • As proposed by staff in January, allow accessory office use that supports, but is not directly associated with, an industrial use by -right at the same site, not to exceed 25% of the floor area of the industrial use and with the opportunity for increase to as much as 49% if modified based on reasonable justification. Examples include administrative support, professional and financial services. This allowance corresponds to the same allowance for supporting commercial uses noted below. • As proposed by staff in January, allow all other stand -alone office uses by special use permit, but grandfather such existing uses in industrial districts with provision for expansion up to 25% of existing area. Allow C -1, CO and HC uses that are not office by special use permit, but do not restrict them to 25 percent of floor area. Supplementary regulations should assure that structures accommodating uses be "convertible" for industrial uses. Consider supplemental regulations, such as setbacks and parking regulations, to address concerns about particular uses. Convertibility as well as matters such as setbacks and parking would be considerations with review of a special use permit and, if necessary, covered through conditions. • In addition to convertibility, include compatibility and potential to support industrial uses in the criteria for consideration with these special use permits. • As proposed by staff in January and accepted by the Planning Commission, allow supporting commercial uses that serve an individual occupant or multiple industrial users within a development not to exceed 25% of the floor area of the industrial use(s) and with the opportunity for increase to as much as 49% if modified based on reasonable justification. An example is a sandwich shop that would be expected to have employees in an industrial area as a primary customer base. In addition, the Commission supported increasing the area that may be devoted to subordinate retail sales of an industrial product at the place where it is manufactured to 25% by right with the opportunity for increase to as much as 49% if modified based on reasonable justification. • In consideration of the nature of some commercial uses to incorporate industrial activities in their business operation as well as the `blur" between some current day office%ommercial and industrial uses, staff also believes accommodation for some industrial uses in commercial districts may be warranted on a case by case basis. Therefore, allow by -right Light Industrial uses by special use permit in the C -1, CO and HC zoning districts. An example is a company that fabricates, assembles and ships high technology products such as circuit boards where the vast majority of their space is devoted to office activities such as design and business operations. Page 3 of 3 Kennels and indoor athletic facilities fall within C -1, CO or HC and should be considered based on the particular aspects of their location. See above bullet regarding C -1, CO and HC uses. Agree with multi - family residential allowance by a special use permit. Agree with generalized categories for by- right industrial uses and special use permits for specific uses needing such. Should analyze the industrially zoned locations within the context of the areas surrounding them to determine appropriateness of potential by- right uses. Slaughterhouses were noted in particular. Staff has reviewed existing industrially designated /zoned lands as they relate to surrounding non - industrial properties. Circumstances of conflict appear limited and in some cases the industrial development is limited by proffers relating to the use and /or buffers to the adjoining residential properties. Staff believes these relationships are best addressed through performance standards and setback provisions tied to some uses that may be of particular concern due to their impact. Zoning staff have analyzed current County provisions as compared to other localities and proposes both increased industrial district general standards and expanded supplementary regulations with associated standards for uses that would be allowed by -right and have greater nuisance impacts. (See Attachment D) o Address the potential impact of certain industrial uses on surrounding areas with supplementary regulations specifically tied to those uses. Agree with list of prohibited uses. No further comment. RECOMMENDATION: After further consideration of the staff proposals in response to the Commission's direction at its January 31, 2012 work session, most particularly regarding office uses in industrial districts, staff recommends that the Commission authorize these proposals be incorporated into appropriate ordinance language and ZTA 2010 -00004 be set for public hearing. The following summarize proposals presented herein: Allow office use directly associated with any industrial use located in the City of Charlottesville and Albemarle County by -right with no restriction on industrially zoned land. [CURRENTLY ALLOWED BY- RIGHT] Allow accessory office use that supports, but is not directly associated with, an industrial use by -right at the same site, not to exceed 25% of the floor area of the industrial use and with the opportunity for increase to as much as 49% if modified based on reasonable justification. [CURRENTLY ALLOWED BY- RIGHT] Allow all other stand -alone office uses by special use permit, but grandfather such existing uses in industrial districts with provision for expansion up to 25% of existing area. [CURRENTLY ALLOWED BY- RIGHT] Allow C -1, CO and HC uses that are not office by special use permit with criteria for convertibility, compatibility and potential to support industrial uses. These can include indoor athletic facilities, kennels, veterinary hospitals and motorcycle and off -road vehicle sales. [MOST NOT CURRENTLY ALLOWED] Allow supporting commercial uses that serve an individual occupant or multiple industrial users within a development, not to exceed 25% of the floor area of the industrial use(s) and with the opportunity for increase to as much as 49% if modified based on reasonable justification. [CURRENTLY ALLOWED AT LOWER %] Allow the area that may be devoted to subordinate retail sales of an industrial product at the place where it is manufactured to be 25% by right with the opportunity for increase to as much as 49% if modified based on reasonable justification. [CURRENTLY ALLOWED AT LOWER %] Allow by -right Light Industrial uses by special use permit in the C -1, CO and HC zoning districts. [MOST NOT CURRENTLY ALLOWED] Allow multi - family residential by special use permit in the LI zoning district. [NOT CURRENTLY ALLOWED] Use generalized categories for by -right industrial uses. Specify industrial uses subject to SUP or prohibited. Address the potential impact of certain industrial uses on surrounding areas with supplementary regulations specifically tied to those uses. ATTACHMENTS: A — January 31, 2012 Planning Commission Minutes B — November 29, 2012 Resolution of Intent for Phase III Industrial Uses C — Susan Stimart Report D —Zoning Report