HomeMy WebLinkAboutZTA201000004 Legacy Document 2012-04-23COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2010 -00004 Phase III Industrial Uses
SUBJECT /PROPOSAL /REQUEST:
Work Session - Re- codification of Use Allowances
in the Industrial Districts
STAFF CONTACT(S): McCulley, Cilimberg,
Stimart, Baldwin and Newberry
AGENDA DATE: January 31, 2012
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
In 2009, the Board of Supervisors adopted an update of the Economic Development Policy that identified one of the short -
term priorities as to "Initiate zoning text amendments that further enable business and industrial uses of the appropriate
zoning districts" (Objective II, Strategy 4). In August 2010, the Board adopted the revised Economic Vitality Action Plan
which included direction to remove obstacles and expand options and flexibility for industrial land users through
considering amendments to the zoning ordinance.
On June 2, 2010, the Board passed Phase I of the industrial zoning text amendments (ZTA 2010 - 00001), which added by-
right uses from the Heavy Industrial (HI) zoning district to the Light Industrial (LI) zoning district by special use permit. On
June 8, 2010, the Planning Commission adopted a resolution of intent which in general terms provided for the remaining
work on the industrial districts and uses to be undertaken. Phase II of the industrial zoning text amendments amending
and updating the industrial performance standards (ZTA 2010 - 00002) was adopted by the Board on August 3, 2011. On
December 21, 2010, the Commission held a work session on Phase III of the industrial zoning text amendments (ZTA
2010 - 00004) focusing on changes to industrial uses that can better reflect current industrial technologies and increase
flexibility within industrial districts while preserving their integrity for true industrial uses. (See Attachment A, Minutes)
Staff has since been conducting further research of industrial uses and how they are provided for in peer localities to
respond to questions raised by the Commission, modernize the County's provisions to better reflect current practices, and
address Economic Development, Land Use and Neighborhood Model recommendations of the County's Comprehensive
Plan. On November 29, 2011, the Commission passed a Resolution of Intent for these Phase III amendments
(Attachment B) with the intention of proceeding to a work session in early 2012. Once action is taken on the Phase III
amendments, staff will review and update as necessary supplementary regulations applicable to certain industrial uses
(Phase IV).
DISCUSSION:
Consistent with direction provided in the Economic Development Policy, the Economic Vitality Action Plan and the
Commission's December, 2010 work session, staff has focused on categorizing the County's industrial land use types to
both meet the intent of industrial zoning and provide greater flexibility in meeting the nature and characteristics of
industrial activities today. Staff has drawn on research into other jurisdictions' ordinance provisions and input provided by
industry representatives and other interests at a roundtable held on November 28, 2011 (see Attachment C, Summary).
Staff's fundamental approach has been to revamp the existing Light Industrial (LI) and Heavy Industrial (HI) districts by
establishing broad categories of by -right use and specifying only those particular uses that will be subject to special use
permit. With a priority that these districts meet the industrial land and space needs of today, adjunct, supplemental and
accessory uses that can be appropriately mixed in each district have also been identified while some uses of a non-
industrial nature that have been previously permitted in the industrial districts are proposed for removal because they are
inconsistent with the purposes of the districts.
A matrix of the proposals for these uses is provided as Attachment D. To explain, this matrix's first column groups all
uses currently permitted and, where applicable, proposed to be added in both the LI and HI districts under general
categories and then indicates whether the particular use is currently allowed by -right or by special use permit in the
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second and third columns. The fourth and fifth columns specify how the uses are proposed to be permitted in LI and HI
with those asterisked being by -right within the general category they are listed under, those not to be allowed in the district
indicated with a "Wand those to be allowed by special use permit in the district indicated with a "SP ". Individual uses that
are proposed to be by -right within the general category they are listed under are also struck through in the first column as
they would no longer be individually listed in the ordinance. Uses that are proposed to be added are underlined in the first
column.
Several of the uses as proposed warrant further explanation:
1. At its December, 2010 work session the Commission requested further information regarding slaughter houses.
Several staff and one member each of the Commission and Board of Supervisors visited a facility in the
Warrenton area to see its operation first -hand. Based on that visit, staff has concluded that a slaughterhouse as
defined (See Attachment E) can operate with minimal external impacts, but should be separate and distinct from a
rendering plant as defined (See Attachment E) which is a much more intensive operation with greater potential for
external impacts. Another consideration that somewhat allayed our concerns from a regulatory perspective is that
slaughterhouses are so significantly regulated that many have federal agents onsite daily. Thus, staff is
recommending that slaughterhouses (both custom and abattoirs) be encompassed within the by -right
Manufacturing /Processing /Re- cycling category in both LI and HI while rendering plants be listed separately by
special use permit in LI.
2. Staff is getting more inquiries from interests who wish to locate commercial uses on industrial property and /or in
conjunction with industrial uses. Examples include retail establishments, churches, commercial kennels and /or
vet hospitals and indoor athletic facilities. As previously stated, one purpose of the current considerations for
industrial zoning district changes is to maintain the integrity of industrial districts for industrial uses. Yet, in the
interest of flexibility which is also a purpose of these considerations, some type of accommodation for commercial
uses may be warranted that could result in an appropriate mix such as can be found on Harris Street in the City of
Charlottesville. As such, it may be appropriate to allow uses permitted in the C1, CO or HC district in the LI and
PDIP districts under certain circumstances. Staff has concluded that this should only be permissible via a special
use permit and should be restricted to no more than 25% of the floor area of a single freestanding building or of
several buildings if part of an industrial park. This allows for a case by case review and avoids the potential of
industrial zoning being taken up by primarily commercial uses. It should be noted that this approach imposes the
additional administrative burden of potentially increased special use permit applications and the challenge of
developing appropriate review criteria for this special use permit. Those commercial uses that due to their
characteristics and relationship to industrial uses should be accommodated differently, including supporting
commercial, subordinate office and retail and free - standing general office, would be provided for separately in the
ordinance changes.
3. Supporting commercial and subordinate office and retail can occur as complimentary uses that support industrial
activities. Examples could include a sandwich shop geared to employees in an industrial area, corporate or
administrative operations in conjunction with an industry and sales of a product at the place where it is
manufactured. While such activities can benefit the industrial uses, they should not exceed 25% of the floor area
of an industrial use, with the opportunity for increase to as much as 49% if modified based on reasonable
justification.
4. Free - standing commercial office uses are currently allowed by -right in industrial zoning. Staff is concerned that
this allowance can be detrimental to providing needed industrial uses and feels it should only be allowed by
special use permit. However, because of the extent of existing commercial office uses found in industrial districts,
this change would render these uses non - conforming with no opportunity to expand and limitations to rebuild after
damage or neglect. Therefore, staff has concluded that it is appropriate to explicitly grandfather existing office
uses with an allowance for future by -right expansion of up to 25% of the existing floor area. Explicit
grandfathering of a use is more permissive than if the use were left to become legally nonconforming.
5. There are several uses that due to their hazardous or noxious nature or due to their potential impacts on other
industrial uses are prohibited in many localities. These uses include:
Manufacture of: acetylene gas; acid; ammonia; bleaching powder; chlorine; detergent and cleaning
preparations made from animal fats; fireworks or explosives; fish meal; nitrogenous tanks; paints, varnish, or
shellac that requires distillation or heating of ingredients; phosphates; turpentine
Sludge storage
Disposal /storage of toxic wastes as defined by the Toxic Substance Control Act (EPA website)
Incinerators
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Staff has concluded that it is appropriate that these be specifically listed as prohibited uses in the industrial
districts. While an alternative is to allow these uses only by special use permit it may be difficult to develop
appropriate special use permit review criteria, including performance standards.
RECOMMENDATION:
Staff recommends that the Commission authorize the changes as recommended in this report be incorporated into
appropriate ordinance language and ZTA 2010 -00004 be set for public hearing.
ATTACHMENTS:
A - December 21, 2010 Planning Commission Minutes
B - Updated Resolution of Intent for Phase III Industrial Uses
C - November 28, 2011 Roundtable Notes
D - Industrial Uses Matrix
E - Definitions