HomeMy WebLinkAboutZTA201000002 Legacy Document 2010-08-10STAFF PERSON: Amelia McCulley, Wayne Cilimberg and Susan Stimart
PLANNING COMMISSION: August 17, 2010
ZTA: 2010 -00002 Phase II Industrial Uses Part A, Performance Standards Update
ORIGIN: Planning Commission and Staff
PROPOSAL: Improve and expand opportunity for modern -day industrial uses by revising the
light and heavy industrial zoning districts. The current performance standards have not kept
up with state and federal agency changes or with advances in industrial and environmental
protections. This proposed zoning text change to the performance standards will update the
standards in conjunction with other efforts to potentially expand the opportunity for industry in
what is currently a limited inventory of zoned land for industrial uses countywide.
PUBLIC PURPOSE TO BE SERVED: This amendment serves several purposes: 1) To
revise the standards to more practically address the impacts of industrial uses, especially since
we are broadening the permitted uses; 2) To update outdated references, such as to state and
federal agencies; and 3) To improve the clarity of the regulations and procedures.
BACKGROUND: In 2009 the County updated its Economic Development policy and in the
process, identified a countywide shortage of land for the uses allowed in the light- industrial (LI)
and heavy - industrial (HI) zoning districts. In January 2010 the Board of Supervisors held a
work session to discuss the industrial land inventory. In addition to increasing the current
available industrial land supply, the report recommended improved flexibility in the industrial
district regulations in the Zoning Ordinance.
The first phase of this work to amend the ordinance has been completed with the addition of
heavy industrial uses (by- right) to the uses by special use permit in the light industrial district
(ZMA 2010 -01 approved June 2, 2010). The Commission mentioned the need for effective
performance standards in their review of this recent ordinance amendment. A team consisting
of staff from Zoning, Planning, Engineering, Economic Development and the County Attorney's
office has met on the draft performance standards.
Staff is also reviewing information from the American Planning Association and is examining
peer code regulations for the purpose of updating the industrial districts. In particular, research
is divided into the four areas 1) performance standards, 2) industrial uses, 3) intent, and 4)
supplemental regulations. Due to the fairly comprehensive scope of the research, staff
proposes dividing work session discussion into three (3) parts: 1) performance standards, 2)
uses and intent, and 3) supplemental regulations.
The current performance standards apply to uses of an industrial character, including home
occupations. These are standards that any industrial land use is expected to achieve. The
current performance standards address noise, vibration, glare, air pollution, water pollution,
radioactivity, and electrical interference. Prior to commencing a use of an industrial character
and /or obtaining final site plan approval for a site involving an industrial use, the applicant must
submit a certified engineer's report to the County Engineer. This report must describe the
proposed operation with very specific details, including all machines, processes, products and
by- products; stating the nature and expected levels of emission or discharge to land, air and /or
water or liquid, solid or gaseous effluent; electrical impulses and noise under normal
operations; and the specifications of treatment methods and mechanisms to be used to control
such emission or discharge.
Performance standards are established to control and limit the impacts generated by the use
of land or buildings. Generally, performance standards provide specific criteria limiting noise,
air pollution, emissions, odors, vibration, dust, glare, etc. Our enabling authority under the
Virginia Code limits the extent to which local governments can regulate environmental aspects
of a use. In addition, we generally do not have the necessary level of expertise within our staff
to administer and enforce environmental regulations. This is to explain that while they are
mentioned within the performance standards, the vast majority of environmental regulation is
accomplished at the state and federal agency level, such as through the Virginia Department
of Environmental Quality (DEQ). The Fire Prevention Code, administered by the Albemarle
Fire /Rescue Department, addresses activities involving and the storage of all flammable and
explosive materials.
STAFF COMMENT:
Work Sessions are generally intended to provide information or to resolve issues. The
purpose of this work session is informational because we have not identified unresolved
issues.
The draft revisions include the following-
1 . Clarify that these regulations apply to home occupations and to uses of an industrial
character (not simply "industrially -zoned uses ");
2. Update the standards for the vibration performance (Section 4.14.2) to be consistent
with peer and model ordinances. This will allow the vibration standard to be more
practically enforceable.
3. Expand the "Glare" section to include "Heat" (Section 4.14.3). This includes adding a
specific standard relating to the emission of heat and requires that venting chimneys
and stacks be oriented away from adjoining residential and rural areas properties.
4. Add a "Fire and Explosion" standard section (Section 4.14.8) referencing applicable
local, state and federal regulations and prohibiting open burning of wastes.
5. Add a "Spill Containment and Waste Management Plan" standard section (Section
4.14.9) referencing applicable local, state and federal regulations.
6. Require the submittal of all necessary data, permits, etc. to show that the use will
comply with the applicable standards. In addition, codify the practice of the County
Engineer waiving certain aspects of the report based on the proposed use, as is done
with certain home occupations. (Section 4.14.10)
2
7. Establish the requirement for someone who is violating the standards, to compensate
the County if services were hired to conduct measurements to investigate the violation.
This provision is necessary due to the fact that measuring these types of standards
involve specialized expertise that is not available within County staff and generally
requires hiring a professional in that specific area.
8. Update the references and standards for performance relating to natural resource
extraction (quarry) activities (Section 30.4.14).
In summary, these amendments will update and clarify the standards relating to the
performance of uses of an industrial character. The proposal is consistent with our peer
localities' regulations. They will better enable us to allow industrial uses while minimizing their
impacts.
STAFF RECOMMENDATION: Proceed to public hearing with the ordinance amendments
relating to performance standards.
Attachment A: Resolution of Intent
Attachment B: Existing Albemarle Performance Standards
Attachment C: Draft Performance Standards
3
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, one of the Objectives of the County's Economic Development Policy is to improve
flexibility and to encourage infill development of business and industrial uses in the Development Areas; and
WHEREAS, one of the strategies to achieve that Objective would be to expand the industrial uses
allowed in the Light and Heavy Industry zoning districts; and
WHEREAS, it also is desired to assess and address the performance impacts and development standards
for industrial uses, including natural resource extraction; and
WHEREAS, it also is desired to amend the Albemarle County Zoning Ordinance to update references,
and to further clarify and reorganize several provisions related to industrial districts and standards; and
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance as provided hereinabove.
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 Sections 3, 4, 5, 26, 27, 28, 29, 30 and any other sections of the Zoning Ordinance
determined to be appropriate to achieve the purposes described herein; and
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.
ATTACHMENT B
EXISTING ALBEMARLE PERFORMANCE STANDARDS
Zoning Ordinance Section 4.14
4.14 PERFORMANCE STANDARDS
No use shall hereafter be established or conducted in any industrial district in any
manner in violation of the following standards of performance:
4.14.1 NOISE
All sources of noise (except those not under direct control of occupant of use, such as
vehicles) shall be subject to and comply with section 4.18.
(§ 4.14- 12- 10 -80; Ord. 00- 18(3), 6- 14 -00)
4.14.1.1 (Repealed 6- 14 -00)
4.14.1.2 (Repealed 6- 14 -00)
4.14.2 VIBRATION
The produce of displacement in inches times the frequency in cycles per second of
earthborne vibrations from any activity shall not exceed the values specified below
when measured at the points indicated.
CME WAN LTA 1:11W exel ALT, I :F-11&1111 N 4 LTA l40111
Earthborne vibrations shall be measured by means of a three component recording
system, capable of measuring vibration in three mutually perpendicular directions. The
displacement shall be the maximum instantaneous vector sum of the amplitude in the
three directions.
4.14.2.2 MEANING OF TERMS
Vibrations means the periodic displacement of oscillation of the earth.
Area of Measurement
Type of Vibration At residential district boundaries At other lot lines
Continuous .00 .015
Impulsive (100 per minute or less)
M.
030
Less than 8 pulses
per 24 hours .015 .075
4.14.3 GLARE
No direct or sky reflected glare, whether from flood lights or from high temperature
processes such as combustion, welding or otherwise, so as to be visible beyond the lot
line, shall be permitted except for signs, parking lot lighting and other lighting permitted
by this ordinance or required by any other applicable regulation, ordinance or law.
However, in the case of any operation which would affect adversely the navigation or
control of aircraft, the current regulations of the Federal Aviation Administration shall
apply.
4.14.4 AIR POLLUTION
Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such
rules and regulations include coverage of: emission of smoke and other emissions from
stationary sources; particulate matter; odor; particulate emission from indirect heating
furnaces; open burning; incinerators; and gaseous pollutants.
4.14.5 WATER POLLUTION
Rules of the State Water Control Board shall apply within Albemarle County.
4.14.6 RADIOACTIVITY
There shall be no radioactivity emission which would be dangerous to the health and
safety of persons on or beyond the premises where such radioactive material is used.
Determination of existence of such danger and the handling of radioactive materials, the
discharge of such materials into the atmosphere and streams and other water, and the
disposal of radioactive wastes shall be by reference to and in accordance with
applicable current regulations of the Department of Energy, and in the case of items
which would affect aircraft navigation or the control thereof, by applicable
current regulations of the Federal Aviation Administration, and any applicable laws
enacted by the General Assembly of the Commonwealth of Virginia or the requirements
of the Virginia Air Pollution Act, whichever is greater.
4.14.7 ELECTRICAL INTERFERENCE
There shall be no electrical disturbance emanating from any lot which would adversely
affect the operation of any equipment on any other lot or premises and in the case of
any operation which would affect adversely the navigation or control of aircraft, the
current regulations of the Federal Aviation Administration shall apply.
4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL
Each future occupant of an industrial character shall submit to the county engineer as
precedent to issuance of a zoning compliance clearance a certified engineer's report
describing the proposed operation, all machines, processes, products and by- products,
stating the nature and expected levels of emission or discharge to land, air and /or water
or liquid, solid or gaseous effluent and electrical impulses and noise under normal
operations, and the specifications of treatment methods and mechanisms to be used to
control such emission or discharge. The county engineer shall review the applicant's
submittal and make comment and recommendation prior to final commission action on
the site development plan. (Amended 9 -9 -92)
2
ATTACHMENT C
No use of an industrial character, including all home occupations, shall hereafter be established or conducted
in any manner in violation of the following standards of performance:
4.14.1 NOISE
All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be
subject to and comply with section 4.18.
4.14.2 VIBRATION
No use, operation or activity shall cause or create earthborn vibrations in excess of the peak particle velocities
below.
4.14.2.1 Method of Measurement
1. Measurements shall be made at or beyond the adjacent lot line, nearest district boundary line as
indicated below. Ground transmitted vibration shall be measured with a seismograph or complement
of instruments capable of recording vibration displacement and frequency, particle velocity, or
acceleration simultaneously in three (3) mutually perpendicular directions.
2. The maximum particle velocity shall be the maximum vector sum of the three mutually perpendicular
components recorded simultaneously. Particle velocity may also be expressed as 6.28 times the
displacement in inches multiplied by the frequency in cycles per second.
3. For the purposes of this Ordinance, steady state vibrations are continuous or vibrations in discrete
impulses more frequent than sixty (60) per minute shall be considered impact vibrations.
4.14.2.2 Group I Vibration Standards
1. Uses subject to Group I standards shall not cause steady state vibrations to exceed the maximum
permitted particles velocities described in Table I below. When more than one set of vibration levels
apply, the most restrictive shall govern. Readings may be made at points of maximum vibration
intensity.
TABLE I
MAXIMUM PERMITTED STEADY STATE VIBRATION LEVELS
Location (at Lot Line)
In a residential district
At or beyond adjacent lot lines,
except a residential district
Maximum peak particle velocity
inches per second
0.02
0.05
2. Impact vibrations shall be permitted at twice the values stated above.
3. Between the hours of 10pm and 7am, all of the permissible vibration levels indicated above in Table I
for residential districts shall be reduced to one -half (1/2) the indicated values.
4.14.2.3 Group II Vibration Standards
1. Uses subject to Group II standards shall not cause steady state vibrations to exceed the maximum
permitted particle velocities described in Table II below. Where more than one set of vibration levels
apply, the most restrictive shall govern. Readings may be made at points of maximum vibration
intensity.
TABLE II
MAXIMUM PERMITTED STEADY STATE VIBRATION LEVELS
Location (at Lot Line) Maximum peak particle velocity
inches per second
In a residential district 0.02
At or beyond adjacent lot lines,
except a residential district
0.10
2. Impact vibrations shall be permitted at twice the values stated above.
3. Between the hours of 10pm and 7am, all of the permissible vibration levels indicated above in Table II
for residential districts shall be reduced to one -half (1/2) the indicated values.
4. When the frequency of impacts does not exceed one (1) per day, the maximum vibration level,
measured across lot lines, shall not exceed 0.4 inches per second.
TABLE III
REQUIRED PERFORMANCE STANDARDS
(GROUP I OR GROUP II)
ZONING DISTRICT
RA, VR, and all Residential Districts C -1, CO, HC LI HI
VIBRATION
Note: Required performance standards for uses in Planned Districts (MHD, NMD, DCD, PRD, PUD, PD -SC, PD-
MC, PD -IP) shall equate to those standards for uses in the most similar residential, commercial, or industrial
districts, as determined by the Zoning Administrator.
2
4.14.3 GLARE AND HEAT
No direct or sky reflected glare, whether from flood lights or from high temperature processes such as
combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs,
parking lot lighting and other lighting permitted by this ordinance or required by any other applicable
regulation, ordinance or law. However, in the case of any operation which would affect adversely the
navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply.
Any operation producing intense glare or heat shall be performed only within a completely enclosed building
in such a manner as to not create a public nuisance or hazard to adjoining properties. There shall be no
emission of heat which would cause a temperature increase in excess of one degree Fahrenheit (1° F.) along
any adjoining lot line. Vents, chimney stacks, etc. shall be oriented away from adjoining residential or rural
areas properties.
! MEPEI!_11.4ZQI4jI Is] ►1
Rules of the State Air Pollution Control Board and any other regulations of the Virginia Department of
Environmental Quality shall apply within Albemarle County. Such rules and regulations include coverage of:
emission of smoke and other emissions from stationary sources; particulate matter; dust; odor; particulate
emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants.
No use shall be permitted which emits any discernible obnoxious odor outside the lot on which the use is
conducted.
4.14.5 WATER POLLUTION
Rules of the State Water Control Board and any other regulations of the Virginia Department of Environmental
Quality shall apply within Albemarle County.
4.14.6 RADIOACTIVITY
There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or
beyond the premises where such radioactive material is used. Determination of existence of such danger and
the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and
other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable
current regulations of the U.S. Department of Energy, and in the case of items which would affect aircraft
navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and
any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of
the Virginia Air Pollution Act, whichever is greater.
4.14.7 ELECTRICAL INTERFERENCE
There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of
any equipment on any other lot or premises and in the case of any operation which would affect adversely the
navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply.
4.14.8 FIRE AND EXPLOSION STANDARDS
All activities involving and all storage of flammable and explosive materials shall be consistent with applicable
local, state and federal regulations. Burning of waste materials in open fires is prohibited, as provided in
Chapter 6, Section 404 of the County Code.
3
4.14.9 SPILL CONTAINMENT AND WASTE MANAGEMENT PLAN
Provision must be made for appropriate disposal of all anticipated solid and liquid wastes in accordance with
applicable local, state and federal regulations.
4.14.10 CERTIFIED ENGINEER REPORT SUBMITTAL
Each future occupant of an industrial character shall submit to the county engineer as precedent to issuance
of a zoning compliance clearance, a certified engineer's report describing the proposed operation, including all
machines, processes, and products; any by- products or wastes, stating the expected levels of emission or
discharge to land, air and /or water of any liquid, solid or gaseous effluent; any electrical impulses and noise
under normal operations, and the specifications of treatment methods and mechanisms to be used to control
such emission or discharge. The report shall include any necessary readings, measurements, permits, or
documentation to demonstrate the proposed use will not violate any federal, state, or local laws or
regulations. In addition, the county engineer may require a spill containment plan for uses involving any
pollutant, as defined in Chapter 17 of the County Code.
If a site development plan is required, the county engineer shall review the applicant's submittal and make
comment and recommendation prior to final action, as provided in Sections 26.7 and 32.7.4.2.
In accordance with the procedures stated in section 2.5 of this chapter, the county engineer or zoning
administrator may waive certain details of the certified engineers report deemed to be unnecessary.
tE% �te1 B7u11► 11 .1I :7e1%I[6]►I_]►1DI40101:ZSl4LTA 14►11 to] 2 :2AR 1 :T�i1e1►[�I�F�100107_1.1oil
a) Intent. Determinations necessary for administration and enforcement of performance standards set
forth in this article range from those which can be made by a reasonable person using normal senses
and no equipment to those requiring great technical competence and complex equipment for precise
measurement.
b) Costs of determinations -- Responsibility. If a reply is received within the time limit set requesting
technical determinations, as provided in this chapter, and if the alleged violations continue, the zoning
administrator may engage properly qualified experts to make the determinations. If expert findings
indicate violation of the performance standards, the costs of the determinations shall be assessed
against the properties or persons responsible for the violation, in addition to such other penalties as
may be appropriate under the terms of this chapter. If no violation is found, the costs of the
determinations shall be paid by the county without assessment against the properties or persons
involved.
c) Determinations by county personnel. Where determinations can be made by the zoning administrator
or other county employee using equipment normally available to the county or obtainable without
extra ordinary expense, such determinations shall be so made before notice of violation is issued.
d) Protection of individuals and the public. Where technical complexity or extraordinary expense makes it
unreasonable for the county to maintain the personnel or equipment necessary for making difficult or
unusual determinations, procedures shall be available for protecting individuals from arbitrary and
capricious administration and enforcement of performance standard regulations and for protecting the
general public from unnecessary costs for administration and enforcement.
4
e) Complex determinations. If the zoning administrator finds that determinations of a complex nature are
required to make precise measurements regarding potential violations of performance standards set
forth herein and, if in the zoning administrator's considered judgment, the zoning administrator
believes there is violation of such performance standards, the procedures set out in section 36 shall be
followed.
NATURAL RESOURCE OVERLAY DISTRICT
30.4.03 PERMIT REQUIRED
Prior to commencing any natural resource extraction activity within any NR district, the operator of such
activity shall obtain a permit from the zoning administrator. Such permit shall be issued upon filing with the
zoning administrator of a plan of the proposed natural resource extractive activity, including all data sufficient
to ensure compliance with the provisions of this section. The applicant may comply herewith by the filing of a
copy of any plan of such proposed operation approved by the Virginia Department of Mines, Minerals and
Energy filed pursuant to Title 45.1 of the Code of Virginia, together with such additional data as the zoning
administrator may require to ensure compliance with this section.
In addition, the applicant shall provide evidence satisfactory to the zoning administrator that he has complied
with the provisions of Title 45.1 of the Code of Virginia and regulations of the Virginia Department of
Environmental Quality. Every such permit issued by the zoning administrator shall be subject to annual review
and shall be revoked in the event that any permit issued for any such operation shall expire or otherwise
terminate in accordance with the requirements of Title 45.1 of the Code or the regulations of the Virginia
Department of Mines, Minerals and Energy or Virginia Department of Environmental Quality. (Amended 4 -28-
82)
30.4.14 PERFORMANCE STANDARDS
In addition to any other provision of law, the following performance standards shall apply to any use
permitted hereby:
1. No blasting shall be permitted except in conjunction with a permit as required by Sec. 30.4.03;
2. Ground vibration from surface blasting shall not exceed the limits set forth in 4 VAC 25 -40 -880, as
measured in the manner set forth therein;
3. Air overpressure resulting from surface blasting shall not exceed 133 decibels at any occupied
structure not on the subject property.
INDUSTRIAL DISTRICTS - GENERALLY
26.7 PERFORMANCE STANDARDS
Each future occupant of an industrial character shall comply with standards set forth in section 4.14 and
submit to the county engineer as a part of final site development plan approval, a certified engineer's report
5
describing the proposed operation, including all machines, processes, products and by- products; stating the
nature and expected levels or emission or discharge to land, air and /or water or liquid, solid or gaseous
effluent ; any electrical impulses and noise under normal operations, and the specifications of treatment
methods and mechanisms to be used to control such emission or discharge. The county engineer shall review
the applicant's submittal and make comment and recommendation prior to final commission action on the
site development plan. Subsequent occupants shall comply with the standards of section 4.14 whether or not
additional site development plan review is required.
SITE PLAN ORDINANCE
32.7.4.2 In addition to the provisions of section 4.14 and other applicable law, provisions shall be made for the
minimization of pollution of downstream watercourses and groundwater where such measures are deemed
warranted by the commission or the agent due to the peculiar character of a particular use. In determining
what measures, if any, are warranted, the commission or the agent shall consider the recommendation of the
county engineer and, where applicable, the water resources manager, in light of the character of the proposed
use including but not limited to: storage of petroleum products, pesticides, poisons, synthetic organic
compounds or other substances which, if improperly stored or inadvertently discharged, may reasonably be
anticipated to pollute surface or groundwaters. This provision shall not apply to residential use. (Added 5 -1-
87)
0