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HomeMy WebLinkAboutZTA200500001 Staff Report 10/20/2009COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZTA 05 -01 Staff: Elaine Echols - Planning Division Setbacks, Yards, and Buffers Ron Higgins - Zoning Division Summer Frederick - Current Development Megan Yaniglos - Current Development & Landscape Architect Planning Commission Proposal: Amend the Zoning Ordinance to allow Worksession: for reduced yards, setbacks, and changes to buffer requirements in the Development Areas Background: This zoning amendment is to help use the Development Areas more efficiently and implement the Neighborhood Model. It's importance if further emphasized with the County's efforts to provide more opportunities for light industrial development. The last worksession on this topic was October 20, 2009. Recommendation: After review of this current proposal for reduced side and rear yards in commercial and industrial districts and modifications to buffer requirements, the Commission is asked to provide guidance on any changes needed. Staff recommends scheduling this zoning text amendment for a public roundtable once any changes have been incorporated. ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 1 PRIMARY STAFF CONTACT: Elaine K. Echols, AICP PLANNING COMMISSION WORKSESSION: December 14, 2010 ZTA 05 -01: Zoning Text Amendment to Setbacks, Yards, and Buffers in the Development Areas ORIGIN: Adoption of the Neighborhood Model in 2001 and directive by Board of Supervisors to prepare ordinance changes to implement the Neighborhood Model. PROPOSAL: This worksession is concentrating on proposed changes to the side and rear yard requirements for all commercial and industrial in the Development Areas. It includes changes to buffering and screening requirements. PUBLIC PURPOSE TO BE SERVED The current development standards in the Zoning Ordinance promote a rural /suburban form that is not in keeping with the Comprehensive Plan for the Development Areas. In order to make better use of the County's designated development areas and create a more urban form of development, the zoning ordinance needs to be amended, especially with regard to side and rear yards where a commercial or industrial district abuts a residential or rural area district. It also would provide more opportunity for development of commercial and industrial properties consistent with the Board of Supervisor's Economic Vitality Action Plan. Purpose and Intent of the Screening and Buffer Regulations: Yards and setbacks relate to the need for light and air and the need for separation of incompatible uses. These types of requirements came about at the turn of the 20th century when building codes were first established to promote building safety, fire safety, and allow for light and air between buildings. Building separation of 115 feet between a 35' tall residence in a residential district and a 35' tall building in a heavy industrial district were viewed as necessary for the welfare of the residents of Albemarle. Setback /yard requirements and screening needs should reflect industrial and commercial buildings and uses of today. Separation of 35 - 45 feet should be sufficient between a residence in a residential district and a building in an industrial district to mitigate impacts, especially with stronger vegetation requirements. The insufficiencies in the Zoning Ordinance include: • Large building separations are no longer necessary for 21St century business and industry. • Yard requirements need to reflect the County's goals for a more compact form of development • The screening and buffer requirements do not provide an adequate screen between incompatible uses • No opportunities exist to allow reductions in yards /setbacks or disturbance of buffer area in situations where the reduction /disturbance would not be detrimental to the health, safety, and welfare of the community • All buffer disturbances require Planning Commission approval which takes time /money for processing. Providing an administrative approval with an appeal to the Planning Commission would make better use of staff and Planning Commission time. HISTORY ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 2 The Planning Commission has reviewed several ZTAs dealing with changes to setbacks, yards, and streetscape over the last few years. The last worksession devoted to side and rear yards between residential and non - residential districts as well as screening requirements occurred on October 20, 2009. The staff report for the October 20, 2009 meeting can be found here: The minutes of the October 20, 2009 meeting area found here: Generally, the Planning Commission agreed with the recommendations but provided guidance and direction as summarized below. No formal action was taken. Staff responses to the Commission's questions below are provided in bold italics. • Will the ARB still be able to prescribe landscape treatments in the buffer areas if they are reduced? Yes, the ARB will be able to prescribe landscape treatments in the buffer areas. Any reduced areas will require more vegetative screening. • Provide more illustrations, especially photographs to illustrate issues and proposed solutions and provide measurements on diagrams. See attachments to this report. Provide information to the community using roundtables and community associations and refine the drawings and proposals before going to the public. Emphasize how existing neighborhoods will still be protected with the proposed changes Once you have gotten input bring the proposals back to the Planning Commission before starting into ordinance language. Staff wants input from the Commission prior to taking the proposals to the public. • Invite the Building Official and Fire and Rescue staff to speak to the Planning Commission about reduced side setbacks. The Building Official and Fire Chief have been asked to attend the Dec. 14 meeting to answer questions. • E -mail or send information to the Commission on locations of industrial and commercial properties adjoining residential or rural properties so that Commissioners can visit sites. See attachments to this report. • Make sure the adjoining property owner can appeal the decision of the agent if a reduction of buffer area is granted. This provision will be included in the ordinance amendment. • If grading is allowed in a buffer for utilities, require mitigation. Recommendations are for more robust screens if disturbance is allowed. • Is a certified engineering report required for industrial uses? If so, that may deal with concerns about uses inside buildings that might be closer to adjoining properties. The requirements for a Certified Engineer's report for an industrial use are as follows: 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 describing the proposed operation, 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 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. Subsequent occupants shall comply with the standards of section 4.14 whether or not additional site development plan review is required. ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 3 • Identify issues that could be of concern for a reduced building setback. These issues are covered in the report. • Consider administrative reduction of setbacks in the same way (criteria for evaluation, notification, appeals) as reduction of buffer area is proposed. Recommendations are included in this report. STAFF COMMENT The existing and proposed changes to the side and rear yard requirements as well as buffer requirements are shown on the Attachment A. A summary of the recommended changes is as follows: 1. Building setbacks between buildings in commercial and industrial districts and the adjoining lot in a residential or rural district would be reduced from 50' in both Commercial and Light Industrial districts and 100' in Heavy Industrial districts to 20' in Commercial districts and 30' in Industrial districts. 2. Setbacks /yards between parking /loading areas in commercial and industrial districts and the adjoining lot in a residential or rural district would not change. 3. Building setbacks /yards in Industrial districts could be reduced to 20' by the agent under certain conditions. (See later section in report for more discussion and examples.) 4. The required buffer area would not change; however, the undisturbed area would be reduced from 30' to 10', with the potential for further disturbance under certain conditions. 5. Three levels of screening would be established instead of just one level. (See Attachment B.) 6. Minimum standards for planting would be increased to establish a more robust vegetative screen at planting. 7. The maximum building height of 65' would not change; however the requirement for an additional 2' in setback for each 1' in height would be reduced to an additional 0.5' in setback for each 1' in height. Considerations for Reduction of Yard /Setback: The reason for yards and setbacks relates to the need for separation of uses. These types of requirements came about at the turn of the 20th century when building codes were first established to promote safety and allow for light and air between buildings. There are still good reasons for separating incompatible uses such as when a property with a house 15' from the property line is next door to an industry with heavy truck traffic on the side of the property next to the house. Scale of buildings can also be a problem. There are also situations in which a setback /yard reduction might make sense. For example, if a residentially zoned property is undeveloped and is shown for industrial use on the land use plan, a setback reduction may be appropriate. Another example is when a parking lot for a non- residential property, such as a church or office, is adjacent to a parking lot for an industrial use. Attachment C contains 3 pages of the County's zoning map showing where industrial and residential uses abut in the Development Areas. Annotations on the zoning map indicate the recommendations for future land use from the Comprehensive Plan as well as other pertinent ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 4 Reduction of yard /setbacks would be expected to occur on a case -by -case basis, prior to approval by the agent. Staff believes that the following findings should be made: • Parking, loading, storage, driveways or outdoor activities involved with the business, and HVAC equipment, noise, odors, or vibrations will not have a detrimental impact on the adjoining parcel or use • The scale and massing of the proposed structure in an industrial district will not have a detrimental impact on the adjoining parcel or use • No adverse impact will occur on environmental features, agricultural, or forestal uses on the adjoining parcel • No other adverse impact is expected to occur to uses or residents on the adjoining parcel. In making the decision, the agent should also consider whether the adjoining residential or rural district is shown for a commercial, industrial, or mixed use on the County's Future Land Use Plan. Staff would not recommend a yard /setback reduction if buildings are to be over 35' in height. However, staff believes that the current distance requirement of 2' of setback for each 1' in building height is excessive. Considerations for Disturbance of 10' Undisturbed Buffer Area: In the Development Areas, a certain level of land disturbance is expected. Except in the case of critical slopes adjacent to stream valleys, on stream buffers, or in wetlands, grading is generally expected as part of new development. For the Development Areas, absent an environmental feature or feature shown for preservation on the Open Space Plan, a 30' undisturbed buffer between districts appears excessive. At present, the Planning Commission can authorize disturbance of a buffer area if the disturbance enables a better screen to be established. This requirement does not take into account a situation where no vegetation or screening currently exists on the property or the adjoining property. The recommendation for reduction from a 20' or 30' undisturbed area to a 10' undisturbed area is intended to more realistically address development in the Development Area. The 10' undisturbed area is intended to prevent disturbance of root systems of trees and shrubs on adjoining rural or residential properties during development. Staff's recommended changes to the zoning ordinance include administrative approval of buffer disturbances in the 10' area after findings that: • Unhealthy vegetation should be removed and the disturbance allows for removal of the vegetation such that a more robust screen can be provided • There are no trees or mature vegetation on the adjoining property which could be harmed by grading to the property line • Interconnections are required to provide access to the adjoining property • Utilities are required and cannot reasonably be placed elsewhere on the site • No other adverse impact is expected to occur to uses or residents on the adjoining parcel. ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 5 In making the decision, the agent should also consider whether the adjoining residential or rural district is shown for a commercial, industrial, or mixed use on the County's Future Land Use Plan. Changes to Planting Standards and Different Screening Levels: The first change proposed to the screening requirements is to replace a purely evergreen screen with a mixture of evergreen and deciduous trees and shrubs. The second change is to increase the size requirements at planting. The third change is to establish three levels of screening. Size at Planting The following table compares the existing and proposed planting standards for screening and landscaping material: Plant Material Existing Standards Proposed Standards Large street trees 1 1/2 - 1 3/4 inch minimum caliper 2 1/2 to 3 inch caliper deciduous Medium street trees 1 - 1 1/4 inch minimum caliper 5 - 6 feet in height when deciduous planted Large evergreen trees 4 - 5 feet in height when planted 6 - 8 feet in height when planted Medium evergreen trees 4 - 5 feet in height when planted 4 - 5 feet in height when planted Large evergreen shrubs 18 -30 inches in height when 24 - 36 inches in height when planted planted Medium evergreen shrubs 12-18 inches in height when 18 - 24 inches in height when planted planted Attachment B shows three different screening levels proposed where the current requirements only specify one screening level. As indicated in earlier staff reports, the current screening requirements are ambiguous as to whether the expectation is for landscaping, screening immediately, or screening over time. The recommended changes differentiate the expectations which are explained below: Level 1 is recommended as "landscaping" rather than pure screening to help "buffer" commercial uses from residential or rural uses. At present, an undisturbed buffer of 20' is required. This area can be unvegetated or scrubby. Screening is only required for parking and objectionable uses. The new requirement would have vegetation between the two districts. If existing vegetation were unable to meet the landscaping requirements, vegetation would need to be added. Level 2 would replace the current requirement for real screening. A commercial screen in a 20' area is a Level 2 Commercial Screen. An industrial screen in a 30' area would be a Level 2 Industrial Screen. As indicated earlier in this report, increases in the size of vegetation at planting will help create a more robust screen earlier than currently occurs. Level 3 would require more vegetation and potentially a fence in exchange for a reduction of yard /setback or to allow disturbance of the 10' undisturbed area or both a reduction and disturbance. The purpose of Level 3 is to create an opaque screen immediately. Impacts to Administration /Review Process: A reduction of staff time is expected with the proposed changes because staff reports and Commission meetings will no longer be needed for buffer disturbances. Notifications to adjoining owners can include requests for buffer disturbance or yard reductions if the request is made with the initial submittal of a site plan. A time schedule ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 6 for reviewing and approving or denying requests will need to be set up. No appreciable difference in review time of site plans is expected. Housing Affordability: The proposed amendment would not affect housing affordability. Implications to Staffing /Staffing Costs: The only expected increase in staff costs would occur if the volume of requests is great. Costs for notifications of requests for disturbance or yard reduction can be passed on to applicants. STAFF RECOMMENDATION: After review of this current proposal for reduced side and rear yards in commercial and industrial districts and modifications to buffer requirements, the Commission is asked to provide guidance on any changes needed. Staff recommends scheduling this zoning text amendment for a public roundtable once any changes have been incorporated. Attachment A: Yards and Screening in Development Areas Table dated 12/14/10 Attachment B: Screening Level Illustrations dated 12/14/10 Attachment C: Zoning Maps Annotated Attachment D: Illustrations of Existing and Proposed Changes for Yards /Setbacks ZTA05 -01 PC Worksession December 14, 2010 Staff Report Page 7