1300 Courthouse Road, P. O. Box 339, Stafford, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staffordcountyva.gov

Board of Supervisors

Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert “Bob” Thomas, Jr.

Anthony J. Romanello, ICMA‐CM

County Administrator

December 9, 2015

MEMORANDUM TO: Stafford County Planning Commission

FROM: J

SUBJECT: Zoning Amendment for Outdoor Uses in the M-1, Light Industrial Zoning

District

ATTACHMENTS:

1. Letter dtd 9/26/14

2. Letter dtd 11/12/15

3. Resolution R15-06

4. Proposed Ordinance O15-02

5. Proposed Resolution R15-405

6. Setback Maps

ISSUE:

The Planning Commission is to consider proposed amendments to County Code Section 28-35, Table 3.1

“District Uses and Standards’ and Section 28-39, “Special Regulations” to allow outdoor uses in the M-1,

Light Industrial Zoning District.

BACKGROUND:

Staff received a request from Mr. Charles Payne, representing Crucible Properties II, LLC (Applicant), for

the Board to consider a text amendment to the Zoning Ordinance to allow uses permitted in the M-1,

Light Industrial Zoning District, to be conducted outside either as a conditional use or a by-right use (see

Attachment 1). Currently, the Zoning Ordinance requires all activities in the M-1 Zoning District be

conducted within an enclosed building. Storage is permitted outside as long as it is screened by a wall,

hedge, berm, fence or landscaping, or combination and not visible from the public right-of-way or

property zoned other than M-1 or M-2, Heavy Industrial, Zoning District.

The uses permitted in the M-1 Zoning District are less intense than those permitted in the M-2 Zoning

District, and therefore, are often closer to residential zoning districts. Consequently, to lessen the impact

of the M-1 uses on the residential districts, the M-1 uses are required to be conducted within an enclosed

building.

8

Memorandum to: Stafford County Planning Commission December 9, 2015 Page 2 of 3 One of Mr. Payne’s suggestions was to allow outdoor uses in the M-1 Zoning District as a by-right use, if the use is a distance of more than 500 feet from neighboring residential zoning districts. This distance would be measured from the zoning district line (usually the property line), not from the use (building or place where the activity occurs). If the distance was less than 500 feet, the use would be required to be conducted within an enclosed building. This would lessen the impact on the surrounding residential properties. Staff suggests that if the property is zoned A-1, Agricultural and is developed as a residential use, it should be included in the distance requirement. Staff reviewed the current uses listed in the M-1 Zoning District and found several by-right uses that are traditionally not conducted within a building. These include commercial kennels, fleet parking, motor vehicle rentals, parking and storage of tractor trailers, and railroad sidings. Except for the commercial kennels and railroad sidings, the outdoor activities of these uses can be considered storage. Traditionally, storage is accessory to the principal use, but fleet parking, motor vehicle rentals and parking, and storage of tractor trailers have storage as a principal use. The provisions to screen the outdoor storage of merchandise, provided in the special regulations section of the Zoning Ordinance, are applied to these uses, but the wording of the regulation requiring all uses to be within an enclosed building causes conflict. Staff suggests that uses traditionally consisting of outdoor storage, such as vehicle rental and fleet parking, be allowed without the need for a 500-foot distance requirement, but with adequate screening. An alternative suggestion presented by Mr. Payne would be to require a conditional use permit (CUP) for any use conducted outside the M-1 Zoning District. This would provide an opportunity for the Board to review the compatibility of a specific use to the location and the surrounding properties. This could provide for the potential of conducting outdoor uses in this Zoning District, which currently is not an option permitted by the County’s Zoning Ordinance. Staff received input from a property owner adjacent to the Crucible property regarding the proposed amendment. The input included suggestions that any outdoor use permitted by a CUP comply with additional development standards to provide assurance protecting the health, safety, and welfare of the residential uses within the proximity of such a use. Specifically were requirements that an outdoor use comply with the Comprehensive Plan Land Use Plan, the use does not involve the discharging of firearms within a certain distance of a residential development, and the use complies with the stated purpose of the M-1 Zoning District. Additional correspondence was received via a letter dated November 12, 2015 (Attachment 2). Staff presented this information to the Board’s Community and Economic Development Committee (CEDC) for discussion at its October 20, 2015 meeting. After a discussion, the Committee voted to forward the proposed text amendment to the Board for referral to the Planning Commission. The Board approved Resolution R15-06 at the October 20, 2015 meeting, which refers proposed Ordinance O15-02 to the Planning Commission for its review, hold a public hearing, and provide recommendations and modifications that it deems necessary to the Board. The deadline for Planning Commission action is January 26, 2016, therefore, a public hearing should be held no later than January 13, 2016 with authorization to conduct the hearing by December 9, 2015.

Memorandum to: Stafford County Planning Commission December 9, 2015 Page 3 of 3 After a brief discussion by the Planning Commission at the November 18, 2015 meeting, the Commission voted to defer authorizing a public hearing to their next meeting. The Commission also requested the Board consider granting additional time to review and evaluate this proposed amendment to the zoning ordinance. The extension request will be discussed at the Board’s December 15, 2015 meeting. The Commission also stated they would provide staff with additional language to further clarify the uses and regulations in the proposed amendment. The potential affects of the 500 foot setback option can be seen in Attachment 6. JAH:swb Attachments (6)

Attachment 2 Page 1 of 4

Attachment 2 Page 2 of 4

O15- WESTLAKE DEVELOPMENT’S COMMENTS ON STAFF’S PROPOSED

ORDINANCE Sec. 28-35. Table of uses and standards

Table3., District of Uses and Standards

M-1 Industrial Light.

The purpose of the M-1 district is to establish areas of the county to provide for certain types of business and industrial uses characterized by light manufacturing, fabrication, warehousing and wholesale distribution, which are relatively free from offensive activities and which, with proper performance standards, will not detract from residential desirability of adjacent properties and will not impair the health or safety of nearby residents. It is intended that the M-1 district encourage the development of parks for the location of these uses. These [This] district should be located only where all necessary public utilities are available and where transportation systems are adequate.

Commercial kennels with outdoor runs more than 500 1000 feet from a zoning district with a residential use

Railroad sidings located more than 500 1000 feet from a zoning district with a residential use

(b) Conditional use permit Permitted uses conducted outside an enclosed building unless otherwise regulated

Sec. 28-39. Special regulations.

b) Performance standards in M-1 and M-2 districts. The following standards shall be the minimum required of all uses in the M-1, light industrial, and M-2, heavy industrial, districts:

(1) Within the M-1 district, all uses shall be conducted within enclosed buildings unless otherwise allowed by an approved conditional use permit.

Notwithstanding the preceding provisions, all principal and accessory uses, other than outdoor storage of merchandize, equipment or inventory, conducted within one thousand (1000) feet of any A-2, R-1, R-2, R-3 or R-4 district shall be conducted within enclosed buildings.

Within the M-2 district, all uses conducted within five hundred (500) feet of any A-1, A-2,

R-1, R-2, R-3 or R-4 district shall be conducted within enclosed buildings. Storage may be permitted outdoors, but shall be effectively screened by a wall, hedge, berm, fence, or landscaping, or a combination thereof, so that such outdoor storage will not be visible from a public right-of-way or property zoned other than M-1 or M-2.

***

(7) Special provisions for industrial schools in M-1 and M-2 districts: Noise generated from any industrial school that includes a firing range and / or detonation of explosions, when adjacent to properties zoned A-2, R-1, R-2, R-3 or R-4, shall not exceed impulse noise levels of 50 dBA as measured from the common property line, and conditions shall be imposed on the types of firearms and the location of their discharge to ensure that firearms are discharged so that the ammunition fired cannot reach any existing or planned residences. If a driving

Attachment 2 Page 3 of 4

course is included, conditions shall be imposed to ensure adequate noise and light pollution mitigation measures are employed. A noise study shall accompany any conditional use permit application for an industrial school that includes a firing range(s) and / or an outdoor driving course, which study shall document existing ambient noise levels, anticipated impulse and day-night average sound levels, and proposed mitigation measures to address any noise levels that exceed the maximum permitted levels or are likely to detract from residential desirability of adjacent properties.

Attachment 2 Page 4 of 4

Attachment 3 Page 1 of 2

Attachment 3 Page 2 of 2

O15-02

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

ORDINANCE

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the ___ day of ___ , 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of, seconded by , which carried by a vote of , the following was adopted:

AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE SEC. 28-35, TABLE 3.1 “DISTRICT USES AND STANDARDS,” AND SEC. 28-39, “SPECIAL REGULATIONS”

WHEREAS, the M-1, Light Industrial zoning district requires all uses to be conducted within an enclosed building; and WHEREAS, there may be locations in the M-1, Light Industrial zoning district where uses may be conducted outside of a building without adversely affecting the health, safety and welfare of adjacent properties or their owners; and WHEREAS, such locations require additional performance standards to allow such uses to be conducted outdoors; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and Staff, and the testimony, if any, received at the public hearing; and WHEREAS, the Board desires to amend the Zoning Ordinance to allow for uses to be conducted outside an enclosed building within the M-1, Light Industrial Zoning District; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good zoning practices require adoption of such an ordinance;

Attachment 4 Page 1 of 3

O15-02 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the ___ day of ___ , 2015, that Stafford County Code Sec. 28-35, Table 3.1, “Districts Uses and Standards” and Sec. 28-39, “Special regulations,” be and they hereby are amended and reordained as follows, with all other portions remaining unchanged: Sec. 28-35. Table of uses and standards Table 3.1. District of Uses and Standards M-1 Industrial Light. (a) Uses permitted by right:

Commercial kennels and when adjacent to a zoning district with a residential use, the outdoor runs are setback of 500 feet. Railroad sidings located more than 500 feet from a zoning district with a residential use.

(b) Conditional use permit:

Commercial kennels with outdoor runs located within 500 feet from a zoning district with a residential use. Railroad sidings located less than 500 feet from a zoning district with a residential use. Uses (otherwise) permitted by-right when conducted outside of an enclosed building, unless regulated by additional setback requirements or distance restrictions, or the use is considered storage.

Sec. 28-39. Special regulations.

(b) Performance standards in M-1 and M-2 districts. The following standards shall be the minimum required of all uses in the M-1, light industrial, and M-2, heavy industrial, districts:

(1) Within the M-1 district, all uses shall be conducted within an enclosed

buildings. unless otherwise permitted by a conditional use permit and provided the following are met:

a. The use shall be a minimum of 500 feet away from a zoning district

line with a residential use.

Attachment 4 Page 2 of 3

O15-02 Page 3

b. The use shall not generate noise levels that exceed those levels

permitted in County Code Chapter 16, “Noise.”

Within the M-2 district, all uses conducted within five hundred (500) feet of any A-1, A-2, R-1, R-2, R-3 or R-4 district, shall be conducted within enclosed buildings. Storage may be permitted outdoors, but shall be effectively screened by a wall, hedge, berm, fence, or landscaping, or a combination thereof, so that such outdoor storage will not be visible from a public right-of-way or property zoned other than M-1 or M-2.

; and BE FURTHER ORDAINED that this ordinance shall become effective upon adoption. AJR:JAH:swb

Attachment 4 Page 3 of 3

R15-405

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 15th day of December, 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

A RESOLUTION GRANTING THE PLANNING COMMISSION A TIME EXTENSION TO CONSIDER PROPOSED ORDINANCE O15-02 REGARDING OUTDOOR USES IN THE M-1, LIGHT INDUSTRIAL ZONING DISTRICT

WHEREAS, the Board was requested to consider an amendment to the County Code to allow with the approval of a conditional use permit for outdoor uses in a M-1, Light Industrial Zoning District; and WHEREAS, currently all uses within the M-1 Zoning District shall be conducted within an enclosed building; and WHEREAS, at its meeting on October 20, 2015, the Board adopted Resolution R15-06, requesting the Planning Commission consider a proposed amendment to the Zoning Ordinance pursuant to proposed Ordinance O15-02, hold a public hearing and provide recommendations to the Board no later than 90 days from the adoption of the resolution; and WHEREAS, the Planning Commission requested additional time to consider the proposed amendment; and WHEREAS, staff believes additional time is necessary to fully evaluate and consider the proposed amendment; and

Attachment 5 Page 1 of 2

R15-405 Page 2 WHEREAS, the Board desire to provide the Planning Commission with a reasonable time extension; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good zoning and planning practices require that the Planning Commission be given additional time to consider the amendment; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 15th day of December, 2015, that the Planning Commission be and it hereby is granted a time extension of 90 days from the adoption of this resolution to consider proposed Ordinance O15-02 regarding outdoor uses in the M-1, Light Industrial Zoning District. AJR:JAH:sb

Attachment 5 Page 2 of 2

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