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HomeMy WebLinkAboutZTA201000004 Legacy Document 2012-08-14 (5)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 MEMORANDUM TO: File FROM: V. Wayne Cilimberg, Director of Planning DATE: June 8, 2012 RE: ZTA201000004 Phase III Industrial Uses The Albemarle County Planning Commission, at its meeting on May 15, 2012, held a work session to discuss the issues related to the proposed zoning text amendment for Re- codification of use allowances in the Industrial Districts. ZTA- 2010 -00004 Phase III Industrial Uses ZTA- 2010 -00004 Industrial Uses Phase III Re- Codification of use Allowances in the Industrial Districts STAFF: Cilimberg, McCulley, Stimart, Baldwin, Newberry Mr. Cilimberg and Mr. Newberry presented a PowerPoint presentation and summarized the executive summary for ZTA- 2010 -0004, Phase III Industrial Uses to review and set general direction on the re- codification of use allowances in the Industrial Districts on staff's proposals in response to the Commission's direction at its January 31, 2012 work session, most particularly regarding office uses in industrial districts. Re- codification of Use Allowances in the Industrial Districts May 15, 2012 Timeline for Industrial ZTA ❑ June 2, 2010 BOS passed Phase I ❑ August 3, 2011 BOS passed Phase II ❑ December 21, 2010 PC Work session on Phase III ❑ November 28, 2011 Roundtable to discuss Industrial Districts within the Comprehensive Plan Update ❑ November 29, 2011 Phase III Resolution of Intent ❑ January 31, 2012 PC Work session on Phase I I I Staff's Focus ❑ Meet the Zoning Ordinance's intent for industrial districts ❑ Provide greater flexibility in meeting the nature and characteristics of today's industrial activity January Staff Proposals ❑ Broad cateaories of industrial uses bv- riaht: only specifv industrial uses subiect 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 an HI (now up to 5% by SUP in LI and HI); allow subordinate office and retail 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 G 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 I, Sludge storage 0 Disposal /storage of toxic wastes as defined by the Toxic Substance Control Act (EPA website G Incinerator G Allow multi - family by SUP in LI (not now allowed) G 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 G Kennels and veterinary hospitals 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 I, 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 January PC Direction • Office uses bV -right - Supplementary regulations to assure convertibilitV for industrial uses • C -1, CO and HC uses by special use permit with no restriction as to area - Supplementary regulations to assure convertibility for industrial uses and to address specific uses where necessary; includes kennels and indoor athletic facilities • Analyze existing industrial locations to determine appropriateness of potential by -right industrial uses (ex. slaughterhouse) ❑ Agree with: • Multi- family bV a special use permit • Generalized categories for bV -right industrial uses and special use permits for specific uses 0 List of prohibited uses Staff Information ❑ Regarding office uses: 0 Structures not reauired to be nor tvoically built to industrial buildina standards: ordinance cannot require buildings to be built to an industrial standard 0 Economic Vitality Action Plan: "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." ❑ Regarding C -1, HC and CO uses: 0 In addition to convertibilitv. include compatibility and potential to support industrial uses in SP criteria 0 Industrial uses in commercial districts may be warranted ❑ Regarding appropriateness of industrial locations: 0 Conflicts appear limited; some locations limited by use /buffer proffers — particular uses best addressed through supplementary regs Staff Proposal ❑ Office use directly associated with anv industrial use located in the Citv of Charlottesville and Albemarle County by -right with no restriction (CURRENTLY ALLOWED BY- RIGHT] ❑ Accessory office use supporting an industrial use bV -right at the same site - not to exceed 25% of the floor area of the industrial use: increase to 49% based on modification criteria [CURRENTLY ALLOWED BY -RICH ❑ Stand -alone office uses by special use permit: arandfather existina offices with provision for expansion up to 25% of existing area [CURRENTLY ALLOWED BY- RIGHT] • C -1, CO and HC uses bV special use permit with criteria for convertibilitV, compatibilitV and potential to support industrial uses; includes indoor athletic facilities, kennels, veterinary hospitals and motorcycle and off -road vehicle sales [MOST NOT CURRENTLY ALLOWED] • Supportina commercial uses bv- riaht. not to exceed 25% of the floor area of the industrial use(s): increase to 49% based on modification criteria [CURRENTLY ALLOWED AT LOWER % • Area devoted to subordinate retail sales of an industrial product at the place where it is manufactured - 25% bV- right; increase to 49% based on modification criteria [CURRENTLY ALLOWED AT LOWER %1 • By -right Light Industrial uses bV special use permit in the C -1, CO and HC zoning districts [MOST NOT CURRENTLY ALLOWED] • Multi- family residential bV special use permit in the LI zoning district [NOT CURRENTLY ALLOW EDl • Generalized categories for by-right industrial uses — Man ufacturing /Processing /Assembly /Fabrication /Rec�clyi ng, Laboratories /Technology /R &D /Experimental Testing, Storage /Warehousing /Distribution /Transportation • Specify industrial uses subject to special use permit or prohibited • Supplementary regulations tied to certain industrial uses — impact to surrounding areas Mitigating Impacts ❑ Staff's DroDosal Dermits areater flexibilitv. but also attempts to mitiaate impacts where possible ❑ Figure 1 of Attachment D in the staff report illustrates how the Zoning Ordinance regulates impacts from industrial uses: • Section 4 - - General Regulations • Section 26 - - General District Regulations • Section 27 and 28 - - Specific LI and HI District Regulations • Section 5 - - Supplemental Regulations Section 4: General Regulations • Applies to ALL uses • Includes regulations for lighting, signs, parking • Performance Standards Section 26: General Industrial District Regulations • Includes buffers, building height, setbacks for structures and parking • Proposal would add provisions for outdoor activity and outdoor storage Section 27: LI District Regulations • Specifies uses permitted by -right and uses permitted by SP Section 28: HI District Regulations • Specifies uses permitted by -right and uses permitted by SP Section 27: LI District Regulations Section 5: Supplemental Regulations Section 28: HI District Regulations Section 5: Supplemental Regulations Supplemental Regs — Slaughterhouse ❑ Maximum buildina size: 4.000 sa. ft. • Minimum acreage: 3 acres. • Minimum building and parking setbacks from residential or agricultural lots: 200 feet in the LI district, 150 feet in the HI district. • Minimum building setback from a school: 1,000 feet • Outdoor holding pens for animals is prohibited. • The CER must include a detailed waste management plan that demonstrates waste shall only be disposed of in strict compliance with state and federal regulations. Proposal Summary Table Recommendation ❑ Staff recommends these changes be incorporated into appropriate ordinance language and set for public hearing Public comment was taken from the following persons: • Morgan Butler, representative for the Southern Environmental Law Center • Valerie Long, attorney The Planning Commission held a discussion with staff, asked questions, took public comment, and provided comments. The Commission authorized these proposals be incorporated into appropriate ordinance language and ZTA- 2010 -00004 be set for public hearing with the following requested follow up: • Additional information on the target industries and their typologies. • Additional feedback should be obtained with outreach through Ms. Stimart's office. • Develop definitions that allow for clear understanding and administration of the ordinance provisions. No formal action was taken. Current Proposed By -Right Special Use By -Right Special Use Office in Industrial Districts Associated with Industrial Use ✓ ✓ Supporting an Industrial Use V_ J {5 25%,5 49% with modification] Stand -alone Office Use f Commercial in Industrial Districts Subordinate Retail Sales (c 15 %) r {5 25%,5 49% with modification] Supporting an Industrial Use J (5 5 %) J {s 25 ° %, s 49°6 with modification] General Commercial Uses Most Not Permitted Residential in Industrial Districts R -15 Not Permitted d Industrial in Commercial Districts Light Industry Uses Most Not Permitted Recommendation ❑ Staff recommends these changes be incorporated into appropriate ordinance language and set for public hearing Public comment was taken from the following persons: • Morgan Butler, representative for the Southern Environmental Law Center • Valerie Long, attorney The Planning Commission held a discussion with staff, asked questions, took public comment, and provided comments. The Commission authorized these proposals be incorporated into appropriate ordinance language and ZTA- 2010 -00004 be set for public hearing with the following requested follow up: • Additional information on the target industries and their typologies. • Additional feedback should be obtained with outreach through Ms. Stimart's office. • Develop definitions that allow for clear understanding and administration of the ordinance provisions. No formal action was taken.