HomeMy WebLinkAboutZTA201000004 Legacy Document 2012-10-18 (6)COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA201000004 Phase III Industrial Uses
SUBJECT /PROPOSAL /REQUEST:
Re- codification of Use Allowances in the Industrial
Districts
STAFF CONTACT(S): McCulley, Cilimberg,
Stimart, Baldwin and Newberry
BACKGROUND:
AGENDA DATE: October 23, 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 as a short -term
priority 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 consideration of
amendments to the zoning ordinance.
On May 15, 2012, the Commission held its third 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
authorized that these proposals be incorporated into appropriate ordinance language and this zoning text amendment be
set for public hearing with the following requested follow up:
Additional information on the target industries and their typologies.
Additional feedback with outreach to industrial and business interests.
Develop definitions that allow for clear understanding and administration of the ordinance provisions.
DISCUSSION:
The following is staff's response to the Commission's requested information:
Additional information on the target industries and their typologies. Attachment C summarizes the target
industry typologies and generally how they are being accommodated under the current draft zoning text
amendment (Attachment D).
Additional feedback with outreach to industrial and business interests. Staff invited such interests to a
meeting on October 12`h which was attended by approximately 14 people. The following summarizes input
provided at that meeting with staff comment:
o Question of intuitiveness of generalized by right use categories in determining whether a potential
use "fits "; is there a "backstop" to prevent an unintended use being classified as by right; are all
prohibited uses listed? The table in Sec. 26.2 a. of the draft ordinance (Attachment D) includes three
broad categories of industrial uses — Manufacturing/ Processing / Assembly /Fabrication /Recycling;
Storage/Warehousing /Distribution /Transportation; and Laboratories /Research and
Development/Experimental Testing — as well as other use categories that may be permitted in the
industrial districts. If an industrial use is not otherwise specifically listed, it is permitted by right under one
of the three broad categories of by right use. Specific uses that are listed in each district are indicated as
not permitted, permitted by special exception, permitted by special use permit or permitted by right in that
district. In addition, a list of prohibited uses is provided in Sec. 26.2 c. The purpose in taking this
approach is because it is virtually impossible to anticipate every potential industrial use. That has been
problematic under the current ordinance provisions with the changing nature of industrial uses. Staff did
extensive research of other localities to identify uses that should not be allowed by right or should be
prohibited entirely and believes industrial uses other than those so listed will fall appropriately within the
by right categories. It should be noted that all industrial uses are also subject to a certified engineer's
report (Sec. 4.14.5) addressing the control of emissions, discharges and other by- products of the use.
o Concern regarding the competition of basic office uses with industrial uses for industrial space in
a rather restricted market; on the other hand, concern as to how some uses that are consistent
with the target industry priorities of the county, most particularly bio- science and medical devices
and information technology and defense /security, would be accommodated if office use in
industrial districts is restricted. The draft ordinance proposes to:
• Allow offices directly associated with any industrial use located in the City of Charlottesville and
Albemarle County (called industrial offices) by -right with no restriction on industrially zoned land.
[CURRENTLY ALLOWED BY- RIGHT]
• Allow supporting offices associated with an industrial use by right, not to exceed 25% of the gross
floor area of a freestanding building or multiple buildings on an industrial site. Supporting offices
exceeding 25% can be allowed by special exception. [CURRENTLY ALLOWED BY- RIGHT]
Criteria to be considered with a special exception include the nature of the office as it relates to
the industrial use and the intent of the industrial district.
• Allow independent offices with a gross floor area not exceeding 3,000 square feet by right.
Independent offices exceeding 3,000 square feet can be allowed by special exception.
[CURRENTLY ALLOWED BY- RIGHT] Research of existing independent offices in the County's
industrial districts indicates that 3,000 square feet is approximately the median size of such
offices. Criteria to be considered with a special exception include the nature of the office as it
relates to the intent of the industrial district.
• Include bio- science and medical devices and information technology and defense /security in the
definition of the Laboratories /Research and Development /Experimental Testing use, thus
avoiding any confusion over the by -right status of these uses.
See also Attachment E for a comparison of current and proposed allowances.
o Question as to the meaning of by right, special exception and special use? As noted by staff at the
meeting, by right uses are permitted without additional approval of the use by the Planning Commission
or Board of Supervisors; special exceptions require Board approval of the use without public hearing, but
with recommendation from the Planning Commission if the use is not recommended for allowance by
staff; and special use permits require a public hearing and Board approval of the use after
recommendation from the Planning Commission which also holds a public hearing.
o Question as to the allowance of certain uses in the industrial districts that may be considered of a
commercial nature, most particularly auto towing, auto body shop and auto repair? The draft
ordinance proposes to:
• Allow supporting commercial that serves individual or multiple industrial users within a
development by right, not to exceed 25% of the gross floor area of a freestanding building or
multiple buildings on an industrial site. Supporting commercial exceeding 25% can be allowed by
special exception. [CURRENTLY ALLOWED AT 5 %] Criteria to be considered with a special
exception include the nature of the commercial use as it relates to the industrial use and the
intent of the industrial district.
• Allow all other C -1, CO and HC uses by special use permit. These can include indoor athletic
facilities, kennels, veterinary hospitals and motorcycle and off -road vehicle sales. [MOST NOT
CURRENTLY ALLOWED] Criteria to be considered with a special use permit include
convertibility, compatibility and potential to support industrial uses.
As noted by staff at the meeting, auto towing and body shops are allowed by -right under
Storage/Warehousing /Distribution /Transportation, whereas auto repair unrelated to a body shop requires
a special use permit as a commercial use.
See also Attachment E for a comparison of current and proposed allowances.
2
• Suggestion that the limitation of subordinate retail sales of products produced by primary
industrial use be allowed up to 49% of the gross floor area of that use? The draft ordinance
proposes to:
■ Allow subordinate retail sales of an industrial product at the place where it is manufactured by
right, not to exceed 25% of the gross floor area of the primary use. Subordinate retail sales
exceeding 25% can be allowed by special exception. [CURRENTLY ALLOWED AT 15 %] Criteria
to be considered with a special exception include the nature and size of the product as it relates
to the industrial use and the intent of the industrial district.
As noted by staff at the meeting, currently a special use permit is required for over 15% and it is rarely
requested. The 25% by right is considered a reasonable increase that keeps the use clearly subordinate
and can be increased by special exception.
See also Attachment E for a comparison of current and proposed allowances.
• Suggestion that allowance of residential uses within /close to industrial areas provides the
opportunity for people to live inclose proximity to their place of employment. In addition to
allowance for one accessory on -site dwelling /sleeping quarter for owners and employees of the
establishment, the draft ordinance proposes to:
■ Allow multi - family residential by special use permit in the LI zoning district. [NOT CURRENTLY
ALLOWED]
As noted by staff at the meeting, other housing types are not considered to be appropriate in an industrial
setting, but proximity of all residential use types to employment centers is an important element of the
County's land use component of the Comprehensive Plan.
See also Attachment E for a comparison of current and proposed allowances.
• Concern that County parking allowances /requirements for industrial uses may not appropriately
fit today's potential industrial uses. The Zoning Administrator can exercise discretion in applying
parking standards based on the characteristics of the use and is not bound solely by the industrial parking
standard.
• In consideration of the availability of commercial space, great interest in allowing small scale
industrial uses by right in commercial zoning districts, particularly for start -up type companies.
Inadvertently omitted from this zoning text amendment is the allowance for by right Light Industrial uses in
the C -1, CO and HC zoning districts. While most are not currently allowed, some by their nature and
characteristics can be acceptable in commercial development. Proposed allowances are contained in
Attachment E. A tiered approach to allowing each of the broad categories of by right industrial use in
each of the commercial zoning districts is proposed based on the "fit" of that industrial use in the
particular commercial district. For by right allowances, a cap of 4,000 square feet is proposed which is
consistent with the City of Charlottesville's allowances for similar circumstances. Criteria to be
considered when a special use permit is required would focus on compatibility. A resolution of intent to
allow for this amendment is included as Attachment F. Additional draft language will be brought to the
Commission for public hearing provided the resolution is passed.
Develop definitions that allow for clear understanding and administration of the ordinance provisions.
The current draft zoning text amendment (Attachment D) amends the definitions section to more completely cover
the uses proposed in the industrial districts (Sec. 3.1).
In summary and consistent with the Commission's direction to develop appropriate ordinance language, the draft zoning
text amendment:
Further stipulates information necessary in a certified engineer's report based on the proposed uses (Sec.
4.14.5).
Clarifies and adds supplementary regulations pertinent to certain proposed uses to address their potential on
surrounding areas (Sec. 5.1).
Authorizes the proposed uses within the planned development industrial park zoning district (Sec. 8.5.5.2).
Stipulates the intent for industrial districts (Sec. 26.1).
Delineates permitted and prohibited uses and structures (as discussed above), including a table of how both
industrial and non - industrial uses are allowed (Sec. 26.2).
Further clarifies structure height and setback (Sec. 26.3) and minimum yard (Sec. 26.4) allowances to be
consistent with terminology used elsewhere in the ordinance.
RECOMMENDATION:
Staff recommends that following its public hearing the Planning Commission recommend approval of ZTA201000004
(Attachment D) and also approve the attached Resolution of Intent (Attachment F).
ATTACHMENTS:
A — May 15, 2012 Planning Commission Minutes
B — November 29, 2011 Resolution of Intent for Phase III Industrial Uses
C — Target Industry Typologies
D — Ordinance Amendments
E — Non- Industrial Use Table
F — Industrial Uses in Commercial Districts — Resolution of Intent