HomeMy WebLinkAboutZTA201000002 Legacy Document 2011-12-29 (7)COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2010 -002 Performance Standards
SUBJECT /PROPOSAL /REQUEST:
Public Hearing for Zoning Text Amendment to Amend
Performance Standards Relating to Uses of an Industrial
Character and Uses in the Natural Resource Extraction
Overlay District (Sections 4.14, 30.4 and 31.5)
STAFF CONTACT(S):
Messrs. Foley, Elliott, Davis, Kamptner, Graham,
Cilimberg, Brooks and Newberry; and Ms. McCulley
LEGAL REVIEW: Yes
AGENDA DATE:
August 3, 2011
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
As part of the County's Economic Vitality Plan, this zoning text amendment, along with others, will increase options for
industrial land users. ZTA 2010 -01, which the Board adopted on June 2, 2010, amended the Zoning Ordinance to
allow uses that were permitted by -right in the Heavy Industry district to be permitted by special use permit in the Light
Industry district. During its review of that ordinance, the Planning Commission expressed the need for effective
performance standards. The attached proposed ordinance (Attachment A) amends the performance standards as
described below.
The current performance standards address noise, vibration, glare, air pollution, water pollution, radioactivity and
electrical disturbance. Prior to commencing a use of an industrial character, the applicant must submit an engineer's
report to the County Engineer addressing these standards.
The Planning Commission held a work session on this zoning text amendment on August 17, 2010. On April 18,
2011, it held a public hearing on this matter; however, deferred action on it until May 24, 2011 primarily due to its
concerns related to staff's recommendation to permit higher vibration levels. Because of the Planning Commission's
concerns about the proposed higher maximum vibration levels and difficulties identified by staff to assess and justify
the proposed vibration standards, staff no longer recommends that the maximum vibration levels be amended.
However, the proposed ordinance would amend the procedures and requirements for measuring vibration. At the
May 24th Planning Commission public hearing, the County Engineer also explained how the certified engineer's report
is reviewed.
DISCUSSION:
The proposed ordinance adds "heat" to the performance standards and adds new standards for glare from surfaces
and processes. In addition, the proposed ordinance clarifies the requirement of a zoning clearance and the applicable
performance standards for natural resource extraction activities.
The proposed ordinance also changes how compliance with several environmental impacts (e.g., for air emissions,
water discharges, radioactive materials and radiation materials, flammable, hazardous and explosive materials and
the disposal of waste and spill containment) regulated by state or federal law as performance standards is handled.
Instead of staff review, the proposed ordinance requires an industrial use to demonstrate compliance with the state or
federal standards in a certified engineer's report. The proposed ordinance also amends the substantive and
procedural requirements for certified engineers' reports and authorizes the County Engineer to accept documentation
in lieu of a certified engineer's report for those industrial uses determined by the County Engineer to be low impact.
The final key element of the proposed ordinance amends the performance standards for natural resource extraction
activities. The amendments would clarify the requirement for a zoning clearance, identify the activity specific
information that must be submitted to support the zoning clearance and update the maximum sound level and
methodology for measuring sound from blasting. The proposed 133 decibel standard is consistent with State law.
AGENDA TITLE: ZTA 2010 -002 Performance Standards
August 3, 2011
Page 2
The Planning Commission recommended approval of the proposed ordinance. Since the Planning Commission
action, staff recommends four additional minor revisions:
Authorize the County Engineer to review the certified engineer's report and inform the zoning administrator of
his decision, rather than merely make a recommendation to the zoning administrator (Section 4.14.5b)
Authorize the County Engineer to determine when a document in lieu of a certified engineer's report may be
accepted and give him the discretion to determine the appropriate form and content of the document, under
the guidelines provided, and inform the zoning administrator of his decision (Section 4.14.5c)
Codify the new Virginia Code requirement that the landowner of an application for a zoning clearance be
notified if the landowner is not the applicant (Section 31.5(d));
Make a minor revision to Section 4.14 to clarify the broader applicability of these performance standards
(each use of an industrial character and each use to which the regulations are explicitly applicable).
BUDGET IMPACT:
To the extent that this zoning text amendment will clarify the process and requirements for applicants, staff anticipates
that adoption of this ordinance will result in a saving of staff time.
RECOMMENDATIONS:
Staff recommends that, after the public hearing, the Board adopt the proposed ordinance (Attachment A).
ATTACHMENTS
Attachment A — Proposed Ordinance
Attachment B — May 24, 2011 PC Staff Report Packet
View PC minutes: June 8, 2010; August 17, 2010; April 19, 2011; and May 24, 2011
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