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HomeMy WebLinkAboutZTA201000001 Legacy Document 2010-07-26 (2)Albemarle County Planning Commission April 6, 2010 The Albemarle County Planning Commission held a meeting, work session and public hearing on Tuesday, April 6, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Duane Zobrist, Vice - Chairman; Ed Smith, Thomas Loach, Chairman; Don Franco and Calvin Morris. Absent were Linda Porterfield, Russell (Mac) Lafferty and Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia. Other officials present were Amelia McCulley, Director of Zoning /Zoning Administrator; J.T. Newberry, Code Enforcement Officer; Susan Stimart, Business Development Facilitator; Bill Fritz, Chief of Current Development; Elaine Echols, Principal Planner; Rebecca Ragsdale, Senior Planner; Wayne Cilimberg, Director of Planning and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Loach, Chairman, called the regular meeting to order at 6:00 p.m. and established a quorum ZTA- 2010 -0001 Industrial Districts — Phase I ZTA- 2010 -00001 Industrial Uses - Amend Sec. 27.2.2, By special use permit, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 27.2.2 by adding as uses permitted by special use permit in the Light Industry (LI) zoning district all of those uses permitted by right in the Heavy Industry (HI) zoning district that are not otherwise permitted by right in the LI zoning district. A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Susan Stimart) Ms. Stimart presented a Power -Point presentation and summarized the staff report. (See Staff Report) ZTA- 2010 -0001 Industrial Districts — Phase I - Adding HI uses in LI Districts by Special Use Permit Why add HI uses? • Industrial Inventory study showed shortage of HI parcels, and poor disbursement. There is one pocket in Places29 and then two smaller parcels in Crozet. • To address this issue, the Board directed staff to investigate allowing HI uses in the LI district by special use permit, to be followed by a more lengthy review of all uses in the Industrial district. Industrial District ZTA Timeline • 2/3/2010 - Industrial Inventory /Board of Supervisor direction • 3/16/10 Resolution of Intent for allowing HI uses in LI district by SP • (Today) — Planning Commission hearing • June — Board of Supervisors public hearing • Phase II underway to add other uses to the LI district and minimize office uses Summary of Current Overlap Staff reviewed a chart of the current overlap currently in effect noting that some of the uses are effectively allowed in the two different zoning districts, but only one in LI by special use permit. There is also additional utility for the wood planing activity and the vet practice in other districts. In the second graphic it shows the current LI by special use permit and current HI by special use permit. The column on the left would be expanded to include the uses by special use permit that are indicated on the right. Many of the HI uses by right are subject to a fair number of federal, state and local regulations in how materials are transported, stored and managed. (See PowerPoint Presentation) Conclusion: ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 1 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I Staff recommends adoption of the proposed ordinance in Attachment C Mr. Loach invited questions for staff. He asked how the criteria was being developed for which uses they were going to take from one column and moving over, or all of the uses going to be allowed. If so, then why have two categories at all. Mr. Cilimberg replied that the right hand column would move into the special use permit in the LI. The reason they would have the distinction is that in the LI district only those uses shown in the right hand column would be provided with a special use permit. In other words, it has that extra legislative review, whereas in the HI District the by -right uses already exist as allowed there. So what they were doing is opening up the possibility for any of those uses on the right to also be developed in the LI District, but only by special use permit. There is a broadening of the opportunity. Mr. Loach noted that they would need a whole new set of criteria for those special use permits. Mr. Cilimberg said that there are already a number of regulations in the ordinance for industrial uses, which they were actually looking at now for future modification. Performance standards are mentioned in the report and in one of the attachments, which already exists for industrial uses in both LI and HI. Ms. McCulley pointed out that performance standards apply to any use of industrial character, which are requirements related to emissions into the environment for the most part. It includes noise, dust, glare, air pollution, water pollution, vibration, electrical interference, and those types of things, which are currently in the ordinance. As part of the next phase staff is assessing those regulations to see if they should be modified or updated to reflect state and current standards. Those are general engineering environmental impact standards. There are supplementary regulations that relate to particular uses. For example, petroleum storage has a list of regulations just for that type of use. Staff is working on those, too. There may be more special buffers to add since they would be allowing the use in LI Districts that might be getting closer to some other uses such as that relating to storage areas. This is their opportunity with phase 2 proceeding along as they do this phase 1 to look at tightening down and adding some more applicable regulations for these industrial uses in general. Mr. Franco asked if the timing of phase 2 was relative to phase 1. He asked if they were approving the ability to do it before they have the standards or does it all get finished at the same time. Mr. Cilimberg said that they already have the standards in place as mentioned in Section 26.7 of the Zoning Ordinance, which refers to Section 4.14. They are not making these changes without standards because they already apply. The update of that will be part of phase 2. He asked Ms. Stimart what time frame they are looking at since she has been working on the timeline with the committee. Ms. Stimart replied that phase 2 was three or four months out. Mr. Zobrist pointed out that the question being asked is the same question he has. He understands that they have standards for HI and LI. The question being asked is how they decide when to grant the special use permit, and whether it has to be granted if it complies with all of these standards. His understanding is that special use permits are completely discretionary. He asked if that was the law. Mr. Kamptner said that special use permits are discretionary. Mr. Zobrist asked if they have to state a reason for not granting a special use permit. Mr. Kamptner said that the action cannot be arbitrary and there has to be some basis. Mr. Zobrist said that it was a good idea to go back to these ordinances and make sure that they don't clamp with each other. But, certainly they don't want to see a cement plant next door to a professional building. That would be their valid basis. It is only the general standard that is set or established by the case law. Mr. Kamptner said there are standards and certain criteria in the Zoning Ordinance for all special use permits, but each evaluation is on a case -by -case basis. ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 2 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I Ms. McCulley pointed out the general standards for review of any special use permit is a finding that the use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby in that the use will be in harmony with the purpose and intent of the ordinance and with public health, safety and general welfare. That is section 31.6.1. Mr. Cilimberg noted that is also the section that staff cites in staff reports for special use permits. Mr. Franco said his concern is how staff will evaluate this in the future if an application comes in for a special use permit for a HI use in LI. Past experience would show him that there may be input from the surrounding community and it is always going to be that there is a negative impact. Without performance standards that are up -to -date or modernized he did not know how they were going to rule positively to Section 31.6.1 or how they were going to process it in that light. That is his concern. Right now he did not know about the engineering performance review that takes place because transportation is not an issue. He thought if they look at HI coming in someone is going to argue that LI could be a warehouse and be a much smaller use than what he would expect from a sawmill. Mr. Cilimberg noted that is part of what they would evaluate because they were not limited to just the performance standards when they review a special use permit. That is one element. They are also reviewing for the broader impact and relationship of the use to the location and the facilities to support it. In a sense the special use permit review is like a rezoning for a very site specific location and the use proposed there. So they are not hemmed in by what they already have in the ordinance. Actually the performance standards update is more to make sure that any industry is meeting the standards that were expected today for their general performance in any location. Mr. Loach said that to some extent he would rather require the special use permit than to start arbitrarily moving things from one column into the other to make them allowable in the LI. Mr. Franco pointed out that he was not proposing that they make it allowable. He was following staff's recommendation of a special use permit so that they have that ability and understand that. But, if they are really trying to encourage HI uses in these other places he did not know that they were giving the business community clear enough guidance on where it might be acceptable or not. There may be too many gray areas where everybody is going to say HI has been a higher more intense use and isn't appropriate for LI. Maybe that is just something they will have to live with. Mr. Cilimberg said he thought it was the first step. They may ultimately end up with one general industrial district, which they don't know at this point. Industry is different now than when these LI and HI districts were introduced in the ordinance in 1980. Mr. Loach pointed out that technology changes in the HI industry may make it very appropriate in the LI district because many of the negative consequences may have been ameliorated. With that said, he agreed with Mr. Franco that those negative consequences must have the appropriate level of measurements so they can say it meets those standards. There being no further questions, Mr. Loach opened the public hearing and invited public comment. Lucy Goeke noted that in part this has to do with what will come up next because her understanding of the Crozet community was that they were light on Light Industrial in this area. They are considering changing RA to LI in the next agenda item. If they are already light in Light Industrial she questioned why they are already going to move HI to LI. She agreed that it should be with a special use permit, but felt that it opens up a whole can of worms. They are already changing LI into commercial and now want to change HI into LI also. Neil Williamson, Free Enterprise Forum, said this was an interesting action and a very small step. He did not see a huge number of applications coming in, but felt it is an important first step in making LI workable for LI uses as Ms. Stimart explained in the PowerPoint presentation. It is important to note that the special use permit is a higher level of consideration and would anticipate significant negative feedback from neighbors, etc. He was still trying to come up with a use that would make its way through the public hearings required to be in LI. However, each of those categories and some others that would fit into those ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 3 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I categories that are not applicably described are about jobs. It is important to recognize that they do need to think about the ideas of the jobs behind these applications. There being no further public comment, the public hearing was closed and the matter before the Planning Commission. Mr. Morris said that it was a very good first step Mr. Franco agreed that it was a very good first step. They were moving forward in a positive manner. He felt it is going to be important to get those performance standards so that there is a way to get the special use permit through the process eventually. Motion: Mr. Franco moved and Mr. Morris seconded to forward a recommendation of approval for the adoption of ZTA- 2001 - 00001, Industrial Districts — Phase I, as presented in Attachment C of the staff report. The motion passed by a vote of 5:0. (Porterfield and Lafferty absent) Mr. Loach noted that ZTA- 2001 -00001 Industrial Districts — Phase 1 would go before the Board of Supervisors on June 2, 2010 with a recommendation for approval. View next set of minutes Return to exec summary ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I Albemarle County Planning Commission March 16, 2010 Consent Agenda: a. Approval of Minutes: August 11, 2009; August 18, 2009; October 6, 2009; October 13, 2009; December 15, 2009, March 10, 2009 and January 12, 2010. b. ZTA- 2010 -00001 Industrial Districts — Phase I — Resolution of Intent (Susan Stimart) C. SDP - 2008 -00125 Pavilions at Pantops - Phase 3 The request is for final site plan approval for an 81 -unit residential townhouse development on 16.07 acres. The property, described as Tax Map 78, Parcel 12, is zoned R -6, Residential and is located in the Rivanna Magisterial District on Verona Drive [Route #1771] approximately 500 feet east of its intersection with Rolkin Road [Private]. The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 3. (Elizabeth Marotta) d. SDP - 2010 -00005 Stone Robinson Elementary School Baseball Field — Waiver The request is for a major site plan amendment approval and associated waiver to Zoning Ordinance Section 18- 4.2.3.2 "Location of Structures and Improvements" to allow disturbance of critical slopes, pursuant to Section 4.2.5 and in conjunction with the construction of a baseball field. The proposed disturbance includes 0.33 acres on two properties described as Tax Map 79, Parcels 20 and 23A. Both parcels are zoned RA (Rural Areas) and are located in the Scottsville Magisterial District. The properties are located on the north side of North Milton Road [State Route 729] approximately 760 feet west of its intersection with Richmond Road [State Route 250]; The Comprehensive Plan designates the properties as Rural Areas with a secondary land use of Parks and Greenways in Rural Areas 4. (Elizabeth Marotta) e. AFD- 2010 - 00002; AFD- 2010 -00005 Hardware Additions Planning Commission acceptance of applications for additions to the Hardware District; direction to the Community Development Department to provide notice of the applications pursuant to Virginia Code § 15.2- 4307(1); and referral of the applications to the Agricultural /Forestal Districts Advisory Committee (as required in Section 3- 201(B) of the County Code). The proposed additions include the properties described as Tax Map 74, Parcel 2813; Tax Map 75, Parcels 4A and 5; and Tax Map 87, Parcel 16A. The proposed additions include a total of 192.54 acres. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan) f. AFD- 2010 -00003 Kinloch Additions Planning Commission acceptance of application for an addition to the Kinloch District; direction to the Community Development Department to provide notice of the applications pursuant to Virginia Code § 15.2- 4307(1); and referral of the applications to the Agricultural /Forestal Districts Advisory Committee (as required in Section 3- 201(B) of the County Code). The proposed addition includes the property described as Tax Map 66, Parcel 3G. The proposed addition includes a total of 38.85 acres. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan) g. AFD- 2010 -00004 Moorman's River Addition Planning Commission acceptance of application for an addition to the Moorman's River District; direction to the Community Development Department to provide notice of the applications pursuant to Virginia Code § 15.2- 4307(1); and referral of the applications to the Agricultural /Forestal Districts Advisory Committee (as required in Section 3- 201(B) of the County Code). The proposed addition includes the property described as Tax Map 41, Parcel 19. The proposed addition includes a total of 10.5 acres. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan) h. AFD- 2010 -00006 Fox Mountain Additions Planning Commission acceptance of applications for additions to the Fox Mountain District; direction to the Community Development Department to provide notice of the applications pursuant to Virginia Code § 15.2- 4307(1); and referral of the applications to the Agricultural /Forestal Districts Advisory Committee (as required in Section 3- 201(B) of the County Code). The proposed additions include the properties described as Tax Map 14, Parcels 26A and 26C; and Tax Map 15, Parcel 1. The proposed additions include a total of 32.8 acres. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan) i. AFD- 2010 -00007 Jacob's Run Addition Planning Commission acceptance of application for an addition to the Jacob's Run District; direction to the Community Development Department to provide notice of the applications pursuant to Virginia Code § 15.2- 4307(1); and referral of the ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 5 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I applications to the Agricultural /Forestal Districts Advisory Committee (as required in Section 3- 201(B) of the County Code). The proposed addition includes the property described as Tax Map 31, Parcel 1. The proposed addition includes a total of 155.047 acres. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan) AFD- 2010 -00008 Hatton Addition Planning Commission acceptance of an application for additions to the Hatton District; direction to the Community Development Department to provide notice of the applications pursuant to Virginia Code § 15.2- 4307(1); and referral of the applications to the Agricultural /Forestal Districts Advisory Committee (as required in Section 3- 201(B) of the County Code). The proposed additions include the properties described as Tax Map 136, Parcels 8H, 9A2, 6B, 9E, 9D1, and 9C. The proposed additions include a total of 115.061 acres. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan) Mr. Loach asked if any Commissioner would like to pull any item from the consent agenda. Ms. Porterfield asked that the record reflect her commendation of Luck Stone for being a good corporate citizen and providing their assistance in making the ball field at Stone Robinson School a reality by providing some of the property. Mr. Morris asked to take his hat off to the applicant for the Pavilions Phase II. As many remember that was a highly contentious program going into it. This time there was a real partnership between neighbors and the applicant that was great to see. Mr. Lafferty asked to discuss the Heavy Industrial going to Light Industrial under ZTA- 2010 -00001 Industrial Districts — Phase I — Resolution of Intent. In looking at that under objective #2, strategy 4 it says that it needs to identify through the master plan and other efforts. He felt that the other efforts seem pretty open. He takes their master plans as being sort of a contract between the County and the residents of who is involved with the master plans. Mr. Loach noted that he had the same question when he reviewed the ZTA objectives. It seems that it was talking about amending the zoning code by special use permit. He questioned if most of that would be covered under the master plan. Mr. Cilimberg replied that the master plan would be the plan document or blue print for how it would it be considered. The background here is making reference to what is in the Comprehensive Plan right now as guidance. This resolution of intent actually would be to change ordinance provisions. If the Board ultimately adopted the amendments that brought HI uses into the LI district, those HI uses would only be allowed by special use permit. In review of the special use permit they would be referring back to things like master plans and the economic development policy, which are the plan documents for the County. This is intended to provide background on what guides the decision making and what would guide future decisions regarding industrial uses as they might be proposed under the ordinance as it would be amended ultimately reflecting this resolution of intent. Mr. Lafferty asked why they would need an amendment to do this. Mr. Cilimberg replied that they need an amendment in the Zoning Ordinance to be able to implement the idea of generalizing the industrial use opportunities in the County. The amendment brings the HI uses into the LI District; but, only through a special use permit process. The special use permit process involves a public hearing by the Planning Commission and Board of Supervisors and ultimately a decision by the Board on whether or not to grant that special use permit. Right now they could not have a HI use in the LI District at all. It has to be a rezoning to LI. This provides a slightly different opportunity for any HI use that may be appropriate in LI to be considered through the special use permit process. Mr. Zobrist assumed that there would be a list of criteria to qualify for the special use permit in the ordinance language. Mr. Cilimberg replied yes, there is going to be a list of uses brought over and any supplementary regulations that are necessary would be identified as well as part of that amendment. The Commission is not doing ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 6 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I that tonight. Tonight the request was to simply pass a resolution of intent that authorizes staff to proceed in doing this. This is part of what the Board had asked staff to pursue as part of the adoption of the Economic Development Policy, which is a part of the Comp Plan. Mr. Lafferty asked if the ZTA would come back before the Planning Commission. Mr. Cilimberg replied yes, the Commission would initially get this as a zoning text amendment, which was scheduled for a public hearing in April. The Commission will make a recommendation to the Board at that time and they in turn will act on it. The Commission will see the specifics of an ordinance change at that time. Motion: Mr. Franco moved and Mr. Zobrist seconded for approval of the consent agenda The motion passed by a vote of 7:0. Mr. Loach noted that the consent agenda was approved. ALBEMARLE COUNTY PLANNING COMMISSION -APRIL 6, 2009 DRAFT PARTIAL MINUTES - ZTA- 2010 -1 INDUSTRIAL DISTRICTS PHASE I