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Home My WebLink AboutZTA200900008 Legacy Document 2009-06-03COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZTA- 2009 -08 Body Shops Staff: Elaine K. Echols, AICP and Ron Higgins, A and Towing Services in HI Heavy Industrial District Planning Commission Meeting: Board of Supervisors Meeting: To be June 9, 2009 determined Legal Ad: Amend Sec. 28.2.1, By right, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 28.2.1 to add body shops and the towing and temporary storage of motor vehicles as by right uses in the Heavy Industry (HI) zoning district. Recommendation: Approval ZTA 09 -08 PC June 9, 2009 Staff Report Page 1 STAFF PERSONS: Ron Higgins AicP, and Elaine Echols AICP PLANNING COMMISSION PUBLIC HEARING: June 9, 2009 ZTA 2009- 09 -08: Towing and Storage of Motor Vehicles and Body Shops in HI Heavy Industrial District ORIGIN: On April 14, 2009, the Planning Commission passed a resolution of intent to consider adding the uses of towing services and body shops to the HI Heavy Industrial zoning district. This proposal was partly at the request of an applicant and partly at the request of the staff. At present there are two businesses which are located in the HI Heavy Industrial zoning district with the uses of body shop and towing service. Since these uses are not allowed in the HI Heavy Industrial district, they are requested to be added through this zoning text amendment. The resolution of intent is provided as Attachment A. PROPOSAL: The proposed text amendment is Attachment B. The uses of towing and storage of motor vehicles are proposed to be added as permitted uses in the HI district. PUBLIC PURPOSE TO BE SERVED: The changes will help protect the public interest by providing a district in which these uses are consistent with other by -right uses and can be appropriately allowed by- right. At present, both uses are allowed by special use permit in the 1_1 Light Industrial district but not at all in the HI Heavy Industrial district. The supplementary regulations protect the public interest and safety. These regulations require that vehicles be screened so that they are not visible from any public road or any residential property and that they are limited to locations designated on an approved site plan. For body shops, all storage of parts, material, and equipment must be within an enclosed building and vehicles awaiting repair cannot be visible from a public road or residential property. 5.1.31 BODY SHOP a. There shal I be no storage of parts, materials or equipment except within an enclosed building. b. No vehicle awaiting repair shall be located on any portion of such property so as to be visible from any public road or any residential property, and shall be limited to locations designed on the approved site plan. c. Nothing herein shall be construed to limit the authority of the governing body in the review of any special use permit, including, but not limited to, the regulation of hours of operation, location of door and /or windows and the like. (Added 12 -7 -88) 5.1.32 TOWING AND TEMPORARY STORAGE OF MOTOR VEHICLES a. This provision is intended to provide locations for the towing and /or temporary storage of col lision/disabled vehicles. No body or mechanical work, painting, maintenance, servicing, disassembling, salvage or crushing of vehicles shall be permitted; except that the commission may authorize maintenance and servicing of rental vehicles in a particular case; b. No vehicle shall be located on any portion of such property so as to be visible from any public road or any residential property and shall be limited to locations designated on the approved site plan. (Added 6 -6 -90) ADMINISTRATION / REVIEW PROCESS: No impacts are expected which would change administration of the zoning ordinance or development review process. It will allow two existing uses to be "by- right ". Any expansion of these uses or establishment of new uses will be subject to zoning clearance and site plan review where physical changes are proposed. HOUSING AFFORDABILITY: The proposed changes do not have an effect on housing affordability. ZTA 09 -08 PC June 9, 2009 Staff Report Page 2 IMPLICATIONS TO STAFFING / STAFFING COSTS: The proposed changes should not have any effect on staffing or staffing costs other than the normal staff time involved in zoning clearance and site plan review which are covered by zoning fees. DETAILS OF PROPOSED AMENDMENT: As indicated in the staff report for the resolution of intent, staff believes that towing service and body shop uses were inadvertently omitted From the list of uses in the HI district when that district was created. The intent of the HI district is as follows: HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit industries and commercial uses which have public nuisance potential and will therefore be subject to intensive review for locational impact on surrounding land uses and environment. Uses and lands previously established in industrial general (M -2) and certain industrial limited (M- 1) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as active centers of employment on individual sites. It is intended that HI districts may be established in areas having all of the following characteristics: o Areas served by a major highway, rail or air service, or secondary road improved to standards approved by the county; o Areas either served by public water and sewer or meeting requirements of the local office of the Virginia Department of Health; and o Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development In addition, towing services and body shops are allowed by special use in the Light Industrial district, but not allowed at all in the Heavy Industrial district. The proposed amendment adds uses to the HI district which staff considers typical of those expected in the district and consistent with other by -right uses in the district. Uses in the HI District are generally not compatible with residential uses; however, they are important uses to a community. For this reason, HI zoned properties are fairly limited in the County. (See Attachment C.) Furthermore, the supplementary regulations along with the setback and buffer requirements of Section 26, Industrial Uses Generally, help protect adjacent residential properties that are adjacent to industrial zoning. A 100 -foot setback and 30 foot buffer is required for industrial districts adjacent to residential districts. The supplementary regulations (provided above) require screening and that all work be conducted indoors. For the by -right uses in the HI district, the supplementary regulations in Section 5.1.31.c. and the following Section 5.1.32.a. would not apply: No body or mechanical work, painting, maintenance, servicing, disassembling, salvage or crushing of vehicles shall be permitted; except that the commission may authorize maintenance and servicing of rental vehicles in a particular case; STAFF RECOMMENDATION: Staff believes the proposed amendment represents needed changes to the ordinance and recommends adoption of the ordinance amendment contained in Attachment B. Attachment A: Resolution of Intent dated 4 -22 -08 Attachment B: Proposed ordinance amendment dated 5 -22 -09 Attachment C: HI Heavy Industrially Zoned Properties in Albemarle County ZTA 09 -08 PC June 9, 2009 Staff Report Page 3 RESOLUTION OF INTENT April 6, 2009 WHEREAS, body shops and towing services provide needed services. WHEREAS, the body shop use classification is allowed by special use permit in various planned districts and in the C -1 and Light Industry zoning districts, but is not allowed by right in any zoning district; and WHEREAS, the towing and temporary storage of motor vehicles use classification is allowed by special use permit in the planned development industrial districts and in the Light Industry zoning districts, but is not allowed by right in any zoning district; and WHEREAS, the intent of the Heavy Industry zoning district is to permit industries and commercial uses which have public nuisance potential, subject to intensive review for locational impacts on surrounding land uses and the environment; and WHEREAS, the body shop and towing and temporary storage of motor vehicles use classifications are similar in character and potential impacts as the uses allowed by right in the Heavy Industry zoning district (Zoning Ordinance § 28.2.1) and both use classifications are already subject to regulations pertaining to their potential impacts and operation under Zoning Ordinance §§ 4.14, 5.1.31 and 5.1.32, in addition to other applicable regulations under the Zoning Ordinance; and WHEREAS, it is desired for the body shop and towing and temporary storage of motor vehicles use classifications to be allowed by right in the Heavy Industry zoning district. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to amend Zoning Ordinance § 28 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 A Draft: 05/22/09 ORDINANCE NO. 09 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 28.2.1 By right Chapter 18. Zoning Article III. District Regulations Sec. 28.2.1 By right Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI district: (Amended 2- 13 -85) 1. Automotive, farm and construction and machinery products assembly. 2. Brick manufacturing, distribution. 3. Concrete mixing plant, storage, distribution. 4. Dry- cleaning plants. 5. Fire and rescue squad stations (reference 5.1.09). 6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations. 7. Manufacture of heavy household, commercial and industrial appliances. 8. Manufacture of building components. 9. Manufacture, distribution, service of individual sewage disposal systems. 10. Manufacture and recycling of tires. 11. Metal fabrication and welding operations. 12. Mobile home manufacturing, distribution. 13. Moving businesses, including storage facilities. 14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20). 15. Recreational vehicle and components manufacturing, distribution. 16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards. 17. Veterinary or dog /cat hospitals, indoor accessory kennels (reference 5.1.11). 5 ATTACHMENT B Draft: 05/22/09 18. Warehouse facilities. 19. Storage yards. (Amended 11- 12 -08) 20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5- 12 -93) 21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 22. Temporary construction uses (reference 5.1.18). 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 24. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 25. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 26. Heavy equipment and heavy vehicle parking and storage yards. (Added 11- 12 -08) 27. Body 11x(-.I�-=�1,31) 2$. _Towing and temporary storagLDf motor vehicles (referencr-_5_,.1 „32�_ (§ 20- 28.2.1, 12- 10 -80; 2- 13 -85; 3 -5 -86; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04) 1, 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 Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors ATTACHMENT B HI Heavy Industrially Zoned Properties Albemarle County In Williamsburg Blue Color on Maps Below Yancey Barnes Lumber Company Old Con-Agra, now Music Today Route 29 North Near NGIC on Rt. 29 7 ATTACHMENT C