HomeMy WebLinkAboutZTA200500007 Legacy Document 2008-12-15 (2)STAFF PERSONS: Amelia McCulley and Wayne Cilimberg
PLANNING COMMISSION: August 26, 2008
BOARD OF SUPERVISORS: TBD
ZTA: ZTA2005 -00007 Storage Yards
ORIGIN: Board of Supervisors Resolution of Intent (Attachment A)
PROPOSAL: Amend the Zoning Ordinance to change the Contractor's Office
and Equipment Storage Yard use (currently allowed by right in the Light Industrial
(LI), Heavy Industrial (HI) and Planned Development Industrial Park (PDIP)
districts, and by special use permit in the Highway Commercial (HC) and
Planned Development Mixed Commercial (PDMC) districts) to different and
distinct uses — 1) Storage Yard and 2) Heavy Equipment and Heavy Vehicle
Parking and Storage Yard. Storage Yard would, by definition, be a lower scale
activity, often associated with other primary uses in the district in which it would
be allowed, and would be allowed by right in the HC, LI, HI and PDIP districts
and by special use permit in the PD -SC and PD -MC districts. Heavy Equipment
and Heavy Vehicle Parking and Storage Yard, by separate definition, would be a
much more intensive activity, again often associated with other primary uses in
the district in which it would be allowed, and would be allowed by special use
permit in the LI and PDIP I districts and by right in the HI and PDIP II districts.
(See Attachment B)
PUBLIC PURPOSE TO BE SERVED: The current Contractor's Office and
Equipment Storage Yard use is not defined in the Zoning Ordinance. This
amendment will allow the scale and intensity of the typical activities associated
with a storage yard to be appropriately differentiated, defined and listed as either
by right or by special use permit in the zoning districts they would be expected to
occur. In those districts where either use would only be allowed by special use
permit, this amendment allows the use to be assessed on a project by project
basis and appropriate conditions to be included when approved.
BACKGROUND: Going back to the County's first Zoning Ordinance,
Contractor's Office and Equipment Storage Yard has historically been a special
use permit use in heavier commercial type districts and a by right use in the
manufacturing /industrial type zoning districts. However, as it has never been
defined in the ordinance or otherwise covered by supplementary regulations, the
scale and intensity of the use where allowed by right has been widely variable.
In recent years, concern has been expressed by some members of the public
and some members of the Board of Supervisors regarding the potential impact of
the Contractor's Office and Equipment Storage Yard as a by right use in the LI
District. This has been of particular concern as some properties zoned LI are
located in close proximity to primarily residential areas (see Attachment C) or are
located on roads that may not be adequate to handle the type of traffic that can
be associated with such uses. In attempt to address the concerns, the Board of
Supervisors supported changing Contractor's Office and Equipment Storage
Yard from a by right use to a special use permit in the LI District and approved
the attached resolution of intent on July 6, 2005. (Attachment A)
STAFF COMMENT: The County's experience is that Contractor's Office and
Equipment Storage Yards can range in intensity from mainly offices with limited
on -site storage and relatively light equipment transport to much more intensive
on -site storage and heavy equipment transport. In considering this amendment,
it is important to identify those distinctive aspects of the use that seem to warrant
its consideration for the change. In the case of the current Contractor's Office
and Equipment Storage Yard there are several factors to consider relative to
justification for the change: 1) The County's experience is that it is not the office
aspect of this use, but rather the type and nature of the storage of equipment,
vehicles and material associated with some contractor operations, such as
explosives, that generates greater impacts; 2) In its more intensive form, this use
can be generally distinguished from most other uses particular to the HC, PDMC,
LI and PDIP districts where this use is currently allowed by right or by special use
permit; 3) Warehouse facilities by right and warehouse facilities by special use
permit are currently distinguished in the Zoning Ordinance based on the potential
for storage of hazardous materials, also a potential activity in Contractor's Office
and Equipment Storage Yards; and, 4) Several special use permit uses in the LI
district have impacts similar to that of more intensive Contractor's Office and
Equipment Storage Yards — truck terminal (type of vehicle), body shops
(equipment repair), assembly of modular buildings (type of equipment) and
moving businesses (type of vehicle).
In consideration of the factors noted above, staff believes the following will best
address the relevant issues associated with the Contractor's Office and
Equipment Storage Yard use:
1. Focus on the level of intensity and potential impact of the storage yard
aspect of the use, rather than the office aspect, through inclusion of
definitions and amendments to by right and special use permit allowances
in the relevant districts. To best reflect this approach, staff is
recommending two categories — 1) Storage Yard and 2) Heavy Equipment
and Heavy Vehicle Parking and Storage Yard.
2. Storage Yard would allow general parking, storage and maintaining of
equipment that does not require an oversize /overweight permit from
VDOT and vehicles that are not capable of obtaining overweight permits
from VDOT for weights in excess of 80,000 lbs. (see Attachment D for
information regarding such permits) Storing of explosives would not be
permitted.
3. Heavy Equipment and Heavy Vehicle Parking and Storage Yard would
allow general parking, storage and maintaining of equipment requiring an
oversize /overweight permit from VDOT and vehicles that are capable of
E
obtaining overweight permits from VDOT for weights in excess of 80,000
lbs. Storing of explosives would be permitted.
4. Storage Yard would be by right in the HC, LI, HI and PDIP districts and by
special use permit in the PD -SC and PD -MC districts.
5. Heavy Equipment and Heavy Vehicle Parking and Storage Yard would be
by special use permit in the LI and PDIP I districts and by right in the HI
and PDIP II districts.
One impact resulting from this change will be that existing by right Contractor's
Office and Equipment Storage Yards in the LI District which become classified as
Heavy Equipment and Heavy Vehicle Parking and Storage Yards would be non-
conforming. Also, future Contractor's Office and Equipment Storage Yards in the
LI and PDIP I districts which meet the Heavy Equipment and Heavy Vehicle
Parking and Storage Yard classification will no longer be by right, but will be
subject to a special use permit.
Administration / Review Process: The combination of definitions and
differentiation of storage yards based on intensity of use will allow more
appropriate administration of future requests.
Housing Affordability: N/A
Implications to Staffing / Staffing Costs: Those storage yards requiring
special use permits would require review at public hearing by the Planning
Commission and Board of Supervisors. This requires staff analysis, adjacent
owner notification, legal ads for both the Planning Commission and Board of
Supervisors and posting of on -site notification signs. Although there is
currently a $1,020 fee for industrial use special use permit applications, many
times this fee does not cover the costs noted above.
STAFF RECOMMENDATION: Staff recommends adoption of the draft
ordinance found in Attachment E.
Attachment A: Resolution of Intent
Attachment B: Existing and Proposed Provisions for Contractor's Office &
Equipment Storage Yard
Attachment C: Light Industry Zoning Locations
Attachment D: DMV Information on Oversize /Overweight Permits
Attachment E: Draft Ordinance Amendment
3
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, "contractor's office and equipment storage yard" is a use classification
authorized by right in the Light Industry (LI) zoning district (Zoning Ordinance § 27.2,
entitled "Permitted Uses "); and
WHEREAS, experience in Albemarle County has shown that this use classification may
range in intensity from one that is primarily offices with limited equipment storage and
minimal impacts to those that are more intense because less area is devoted to offices
and more is devoted to equipment storage, with associated activities including
equipment transportation; and
WHEREAS, in recent years concern has been expressed by some members of the
public and public officials that the traffic, noise and other impacts arising from an
intensive contractor's office and equipment storage yard use may create conflicts with
residential areas and rural areas in proximity to a Light Industry (LI) zoning district; and
WHEREAS, authorizing contractor's office and equipment storage yards by special use
permit in the Light Industry (LI) zoning districts would allow such a proposed use to be
evaluated on a case -by -case basis so that the impacts resulting from the use may be
identified and, if it is approved, mitigated by appropriate conditions; and
WHEREAS, it is desired to amend Zoning Ordinance § 27.2 to change the "contractor's
office and equipment storage yard" use classification from one that is allowed by right to
one that is allowed by special use permit.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of
Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance § 27.2 and
any other regulations of the Zoning Ordinance deemed appropriate to achieve the
purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed by this resolution of intent, and make
its recommendation to the Board of Supervisors, at the earliest possible date.
4
ATTACHMENT B
Existing and Proposed Provisions for Contractor's Office & Equipment
Storage Yard
Existing category of use: Contractor's office and equipment storage yard
Proposed categories of use: a) Storage yard; and b) Heavy equipment and
heavy vehicle parking and storage yard
By Right
By Special Use Permit
Existing Regulations —
Light Industry, Heavy Industry,
Highway Commercial, Planned
contractor's office &
Planned Development Industrial
Development Mixed
equipment storage yard
Park I and ll
Commercial
Proposed Regulations
a) storage yard
Highway Commercial, Light
Planned Development
Industry, Heavy Industry,
Shopping Center, Planned
Planned Development Industrial
Development Mixed
Park I and 11
Commercial
b) heavy equipment and
Heavy Industry, Planned
Light Industry, Planned
heavy vehicle parking
Development Industrial Park ll
Development Industrial Park I
and storage yard
Attachment C
tltadi' m . County
ftoekinghatn Comity
Greene County
Change Coll
29
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231
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22
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F11tvan1L1 ('Guilty
6
Neli}an County
Albemarle County Virginia
Light Industrial Zoning Locations
Buckingham County
Prepared by Albemarle Gountl • Light Industry
office of Geographic Data Services(&()$).
Map created bl Tl chambers, Tull 2-oo8. CM Development Areas
Note: The map elements depicted are graphic epresenfations and
are not to be construed or used as a legal d ecription. Miles
This map is for displal purposes only. 0 5 10
31MMKMW���
,2nd Equipment Require ents
OFT"PrAM
for trucks, trailers and
towed vehicles-.-
Attachment D
Weight Limitations
The weights shown below are the maximum
allowed except when operating under the
authority of an overload permit as outlined on
page 11.
Any one axle ... ............................... 20,000 pounds
Tandem Axles (more than 40 inches but no more
than 96 inches spacing between axle centers)
....................................... I .... I......... 34,000 pounds
Single Unit
(2 Axle) ....
Single Unit
(3 Axle) ....
Single Unit (4 Axle) ....
Tractor - Semitrailer
(3 Axle) ......................
Tractor- Sem itra i ler
(4 Axle) ...................
Tractor - Semitrailer
(5 Axle) ...................
Tractor - Semitrailer
(6 Axle) ...................
Tractor -Twin Trailers
(5 or more Axles) ....
Other Combinations
(5 or more Axles) ....
Maximum Weight Limitations
2 Axle Truck
3 Axle Truck
Axle 1 1
Weight I
20,000 2@u';
nn.
Axle.
Weight � 20,0�iu 20.000
20,000 34,040
.............. 40,000 pounds
t6 _
.................... 54,000 pounds Ax,
We'uht
20,o00 '1 " "t
................. See chart page 7
3 Axle Tractor Truck & Semi-Trailer
T �2
................... 60,000 pounds i
.................... 74,000 pounds n
24,o44 20.044 24.440
Axle
Weight
.................... 80,000 pounds
........... 80,000 pounds
80,000 pounds
80,000 pounds
Per inch of tire width in contact
with road surface . ............................... 650 pounds
The weights listed above are the maximum
weight limits allowed. No vehicle can travel on
Virginia highways with a single axle weight in
excess of 20,000 pounds, tandem axle weight
in excess of 34,000 pounds, or a gross weight
in excess of 80,000 pounds.
4 Axle Tractor Truck & Semi - Trailer
with 2 Axle Trailer
w
a
24.000 20,000
20.000 20,440
Axle
34,400
wr7ig111
S
6 Axle Tractor Truck & Simi Traiinr
001811
20.000 20.000 20,000 r
Axle 3d,0t3D._ -.
We,ght
3 Axle TF&rlor TrtKk & Sa mi Trplei
with 2 Axle Trailer
a
1,
S
20000 70,000 20.=i z0.=)
29.000
A00
ViAryy7sl
Maximum gross weight is determined by the
number of axles and the distance between the
first and last axles.
Attachment D
Axle and Gross Weight Limits
The maximum gross weight is determined by
the number of axles on a vehicle and the
distance between the first axle (steering) and
extreme rear axle. The following examples
give the maximum allowable gross weight of
each vehicle.
This 5 axle vehicle with 51 feet of axle spacing
is allowed a maximum gross weight of 80,000
pounds.
This 5 axle vehicle with 47 feet of axle spacing
is allowed a maximum gross weight of 77,500
pounds.
M� 4i
9 f � - -..
This 3 axle vehicle with 20 feet of axle
spacing is allowed a maximum gross weight
of 51,000 pounds.
6
M-,
This 3 axle vehicle with 17 feet of axle spacing
is allowed a maximum gross weight of 48,500
pounds.
A vehicle may not exceed a single axle weight of
20,000 pounds or a tandem axle weight of
34,000 pounds. Therefore, some vehicles cannot
be loaded to the maximum allowable gross
weight because the tandem axle or single axle
weights would exceed legal weight limits.
Virginia's Size, Weight and Equipment Requirements
Attachment D
Permits
Overload
The owner of any motor vehicle may obtain an
extension of single axle, tandem axle and gross
weight by purchasing an overload permit. The
permit extends the single axle weight limit of
20,000 pounds, tandem axle weight limit of
34,000 pounds and gross weight limit based
upon axle spacing and the number of axles.
Interstate travel is restricted to 80,000 pounds
maximum. However, motor carriers may
purchase an appropriate overload permit to
extend their maximum weight to 84,000
pounds to travel on non - interstate highways.
Permits are valid for one year and may be
purchased annually at the time of registration.
EXTENSION
ALLOWED
PERMIT FEE
1%
$ 35
2%
$ 75
3%
$115
4%
$160
5%
$200
The Department of Motor Vehicles makes the
permit available to vehicles registered outside
Virginia under the same conditions that are
applicable to vehicles registered in Virginia.
The owner of any vehicle used for hauling
Virginia -grown forest or farm products from the
place where they are first produced, cut,
harvested, or felled to the location where they
are first processed may also receive an addi-
tional 5% extension of the single axle, tandem
axle, and gross weight limits. Farm vehicles
pay half the fee for overload permits.
Vehicles that are registered as farm use vehicles
(as provided in § 46.2 -698) may operate as
authorized under this section without a permit
or payment of a fee. However, if a vehicle
violates the weight limits permitted by this
section and §46.2 -1129, the vehicle owner or
operator must apply for and receive a permit
and pay the permit fee to operate the vehicl
as described in this section.
10 < Attachment D
No permit allows the operation of any vehicle
on the federal interstate system with a single
axle weight in excess of 20,000 pounds, a
tandem axle weight in excess of 34,000
pounds or a gross weight greater than that
permitted based on axle spacing or a gross
weight, regardless of axle spacing, in excess of
80,000 pounds.
Overload permits cannot be used in conjunc-
tion with oversize /overweight hauling permits.
The only exception to this rule applies to
concrete mixed -in- transit carriers. Concrete
mixed -in- transit carriers can purchase an
overload permit up to a maximum of 5% above
the authorization allowed by an oversize/
overweight hauling permit.
Overload permits may be obtained at any DMV
customer service center or from:
Department of Motor Vehicles
P. O. Box 27412
Richmond, Virginia 23269
(866) 878 -2582
Oversize /Overweight Hauling Permits
Oversize /overweight permits are available to
motor vehicle owners and operators through
the Virginia Department of Motor Vehicles
(DMV) and at www.vahaulingpermits.com.
Oversize /overweight permits are available only
when:
• no other form of transportation is available,
AND
-the load cannot be reduced to meet legal
limits.
Empty, oversized and overweight, rubber - tired,
self - propelled haulers used in the construction
and coal mining industries are eligible to
operate under the authority of an oversize/
overweight permit. An oversized /overweight
permit may be issued only after VDOT has
conducted an engineering analysis to ensure
that the desired route can support the vehicle's
size and weight. The cost of the engineering
analysis may also be charged in addition to the
permit fee.
Farm machinery, when temporarily propelled,
hauled, transported, or moved on the highway
by a farm machinery distributor or dealer,
fertilizer distributor, or farmer in the ordinary
course of business, does not require an
oversize permit. However, commercial carriers
must secure appropriate permits prior to
traveling on Virginia's highways.
Generally, overload permits cannot be used in
conjunction with oversize /overweight permits.
The only exception to this rule applies to
concrete mixed -in- transit carriers (see page 10).
The following examples explain situations that
require an oversize /overweight permit:
-Gross weight of the vehicle, including load,
exceeds the weight limits as defined in the
chart on pages 7 and 8.
-Vehicle width, including load, exceeds 8 feet
and 6 inches
-Vehicle height, including load, exceeds 13 feet
and 6 inches
• Length of a single unit vehicle exceeds 40 feet
• Length of manufactured housing unit and tow
vehicle exceeds 65 feet
• Length of tractor trailer combination exceeds
65 feet and will travel on non - designated
highways
• Hauling tree - length logs and the combination
of the vehicle and the tree - length logs
exceeds 65 feet
• Hauling or towing a mobile home.
You may contact the DMV Hauling Permit
Office at (804) 497 -7135 for oversize and
overweight permit eligibility requirements and
additional information concerning your eligibility
for Single Trip and Blanket Permits.
PERMIT TYPE
COST
Single Trip
$12.00 each
Plus
Mileage Fee
$.10 per mile
(if applicable)
$1.00 trip fee for
mobile homes
Blanket
$45.00 ( one year).
$85.00 (two years)
Plus
Mileage Fee
$40.00 per year
(if applicable)
(mobile homes
included)
$12.00 each + $4.00
Super -load
research fee per
structure; interstate
Plus
structures count as
one.
Mileage Fee
$.10 per mile
(if applicable)
$1.00 trip fee for
mobile homes
Attachment D
Draft: 08/( }^;/O8
ATTACHMENT E
ORDINANCE NO. 08 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article 1, General Regulations, and Article III, District Regulations, are hereby amended and reordained as
follows:
By Amending:
Sec. 3.1
Definitions
Sec. 24.2.1
By right
Sec. 24.2.2
By special use permit
Sec. 25.2.1
By right
Sec. 25.2.2
By special use permit
Sec. 25A.2.1
By right
Sec. 25A.2.2
By special use permit
Sec. 27.2.1
By right
Sec. 27.2.2
By special use permit
Sec. 28.2.1
By right
Sec. 28.2.2
By special use permit
Chapter 18. Zoning
Article I. General Regulations
Sec. 3.1 Definitions
Storage
vard• An area
used for
parkin storing toring and /or maintainins equipment. vehicles
and materials used off -
cite in the
tra& business
or other
commercial or industrial activity of the owner or
occupant
and which may
include storing
and
maintaining
equipment vehicles and materials within buildings
or structures;
but which use
does not
include parking
storing
and/or maintaining' i nt and heave
vehicles
storing explosives
including
lasting caps
storing
nuclear products by- products or wastes or storing
kerosene
or other volatile
materials
except that
which is reasonably
necessary to maintain equipment and vehicles.
Heavy guipment Equipment that requires an oversize /overweight permit from the Virginia Department of
Transportation to be transported over public highways.
Heavy vehicles Vehicles that are capable of obtaining overweight permits from the Virginia Department of
Transportation for weights in excess of eighty thousand (80.000) pounds.
Heavy equipment and heavy vehicle narking and storage yard: An area used for narking storing and /or
maintaining heave equipment and heave vehicles used off -site in the trade business or other commercial or
industrial activity of the owner or occupant (collectively, the "off -site activity ") and which may include storing
1
Draft: 08/05/08
Article III. District Regulations
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district subject to the requirements and limitations of these
regulations. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar
to uses permitted by right in general character, and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.9:
Storage yards.
Sec. 24.2.2 By special use permit
to section 31 The following uses shall be permitted by special use permit in the HC district:
S .
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD -SC district
1. Uses permitted by right shall : elude , e al andd sew.4pee establishments pe.... Wed w., gh4 in
the C -1, CO and HC districts= except for storage yards. Outdoor storage, sales or display shall be
permitted only when enclosed by appropriate visual screening.
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD -SC district•
1. Commercial recreational establishment included but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1 -1 -83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro -wave and radio -
wave transmission and relay towers, substations and appurtenances (reference 5.1.12).
2
Draft: 08/05/08
3. Parking structures located wholly or partly above grade. (Added 11 -7 -84)
4. Drive -in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9 -9 -92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15 -89)
6. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
7. Storage yards.
(§ 20- 25.2.2, 12- 10 -80; 1 -1 -83; 11 -7 -84; 11- 15 -89; 9 -9 -92; Ord. 04- 18(2), 10- 13 -04)
Sec. 25A.2.1 By right
The following uses shall be pefmit4ed ift any PD MG distfiet subjeet te the r-equir-ements and limitations of t
regulatiens. The following uses shall be permitted by right in the PD -MC district;
1. Uses permitted by right shall : ,hide ° ° al and se ° establishments .. ...hied by r ^ "+ in
the C -1, CO and HC districts, except for storage yards. Outdoor storage, sales or display shall be
permitted only when enclosed by appropriate visual screening.
Sec. 25A.2.2 By special use permit
The following uses shall be permitted by special use permit
in the PD -MC district:
1. Uses permitted by special use permit in the C -1, CO and HC districts.
2. Outdoor amphitheater (reference 5.1.37). (Added 10 -9 -96)
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted ri h in any the LI
district s bjeet to the fequirernents and limitations ^f these FegHla4i0fiS: (Amended 2- 13 -85)
9. Storage yards.
Sec. 27.2.2 By special use permit
The fellewing uses shall be pefmit4ed on!y by speeial Use PeFffift appFEWed by the board ef sup ant.
to Seetien ".'. ^: The following uses shall be permitted by special use permit in the LI district:
18. Heayy equipment and heavy vehicle parking and storage ards
Sec. 28.2.1 By right
3
Draft: 08 /0:+ /08
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted ri ht in any th-c HI
district : (Amended 2- 13 -85)
19. rte„ ~t~ „tee's o ffiee and °^t-°Storage yards.
26 Hem equipment and heavy vehicle an rking and storage yards.
Sec. 28.2.2 By special use permit
The foliowin uses shall be per-mit4ed only by speeial use peffnit appreved by the board of sup
to seefien ".'. ^: The following uses shall be permitted by special use permit in the HI district:
- pred stets er
wastes
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
4
Clerk, Board of County Supervisors