August 17, 2012 STAFF REPORT

Transcription

1 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Internet Christopher M. Price, AICP Director of Planning August 17, 2012 STAFF REPORT Zoning Text Amendment #PLN , To Permit Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses (Countywide) Planning Commission Public Hearing Date: September 5, 2012 Staff Recommendation: Adoption I. Background is as follows: A. Purpose of the Zoning Ordinance Section of the Code of Virginia states that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public. From time to time, various business operations will emerge which are unreasonably restricted or precluded from being implemented because of ordinance standards. In those instances, the Zoning Ordinance should be modified to accommodate those operations if they are considered reasonable and valid. B. Purpose of Amendment This amendment is in response to the need to allow the placement of temporary offices on-site during renovation or reconstruction of commercial, office or industrial uses displaced by casualty. The need for this provision became apparent with the recent fire that displaced two local businesses (Byrd Tractor and A-1 Glass). A parallel provision has existed for a number of years allowing emergency use of mobile units on residential properties. There are instances in which businesses whose commercial, offices or industrial buildings are destroyed by fire or other natural disasters. These businesses while undergoing renovation or reconstruction of their facilities require temporary structures in order to continue their operations. There are no provisions in the zoning ordinance for temporary business offices that would allow the business to continue to operate on-site during reconstruction as there are for residential uses. II. Current Situation is as follows: A. Current Ordinance Language Sections through of the Zoning Ordinance address the temporary placement of manufactured mobile offices or mobile homes for certain specified purposes, including storage trailers, offices for construction firms and offices during construction of residential developments and mobile homes for emergency residential use. An Equal Opportunity Employer

2 ZTA #PLN , Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses (Countywide) August 16, 2012 Page 2 Modular units for religious institutions and private school classrooms with a special use permit are also permitted as are uses for golf courses and temporary family health care structures. None of the above referenced sections address the permitting of temporary commercial, office or industrial facilities displaced by casualty during periods of reconstruction or renovation.. B. Zoning Text Amendments Initiated The BOCS initiated the zoning text amendment on June 5, 2012 to permit the temporary use of manufactured, modular or mobile offices during reconstruction of a destroyed primary permanent structure used for commercial, office, or industrial uses. C. Zoning and Development Review Advisory Committee The committee reviewed the proposed text amendment on July 13, 2012 and recommended adoption of the proposed amendment. III. Proposed Action A. Proposed Amendment The proposed zoning text amendment will permit the temporary use of manufactured, modular or mobile offices during reconstruction of a primary permanent structure used for commercial, office, or industrial purposes that has been destroyed by casualty or is undergoing substantial renovation. B. Planning Office Recommendation The Planning Office recommends adoption of Zoning Text Amendment #PLN , To Permit the Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses. IV. Issues in order of importance are: A. Service Level/Policy Impact Will policies or service levels be changed? B. Fiscal Implications Are there any fiscal implications? C. Community Input Will there be any community input? D. Legal Are there any legal implications associated with the various issues? E. Timing What are the timing considerations of the various issues? V. Alternatives in order of feasibility are:

3 ZTA #PLN , Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses (Countywide) August 16, 2012 Page 3 A. Recommend Adoption of the amendment to permit the temporary use of manufactured, modular or mobile offices during reconstruction for commercial, office or industrial uses. 1. Service Level/Policy Impact The adoption of this amendment will provide an option for businesses that are undergoing renovation or reconstruction to remain on the property in a temporary office. 2. Fiscal Implications None Identified. 3. Community Input The proposed amendments are the subject of a public hearing process before the Planning Commission and the Board of County Supervisors. 4. Legal The adoption of the zoning text amendment will incorporate the proposed restrictions and requirements into the Zoning Ordinance, which is enforceable by the County. Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office. 5. Timing The Planning Commission has until December 4, 2012, 90 days from the first public hearing, to take action on this proposal. A recommendation to adopt the zoning text amendment would meet the 90-day requirement. B. Do Not Recommend Adoption of the amendment to permit the temporary use of manufactured, modular or mobile offices during reconstruction for commercial, office or industrial uses. 1. Service Level/Policy Impact If the zoning text amendment is not adopted, businesses that are undergoing renovation or reconstruction may have to shut down temporarily or relocate to a different site. 2. Fiscal Implications None Identified. 3. Community Input The proposed amendments are the subject of a public hearing process before the Planning Commission and the Board of County Supervisors. 4. Legal The adoption of the zoning text amendment will incorporate the proposed restrictions and requirements into the Zoning Ordinance, which is enforceable by the County. Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office.

4 ZTA #PLN , Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses (Countywide) August 16, 2012 Page 4 5. Timing The Planning Commission has until December 4, 2012, 90 days from the first public hearing, to take action on this proposal. A recommendation to not adopt the zoning text amendment would meet the 90- day requirement. VI. Recommendation is that the Planning Commission concur with Alternative A and recommend adoption of Zoning Text Amendment #PLN , To Permit Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses (Countywide). Staff: Nick Evers, Attachments: A. BOCS Initiating Resolution B. PC Resolution C. Proposed Text Amendments

5 Attachment A BOCS Initiating Resolution ZTA #PLN , Temporary Use of Manufactured Offices Page A-1

6 Attachment B PC Resloution PLANNING COMMISSION RESOLUTION MOTION: September 5, 2012 Regular Meeting SECOND: Res. No. 13- RE: ZONING TEXT AMENDMENT #PLN , ARTICLE II TO PERMIT TEMPORARY USE OF MANUFACTURED, MODULAR OR MOBILE OFFICES DURING RECONSTRUCTION FOR COMMERCIAL, OFFICE OR INDUSTRIAL USES (COUNTYWIDE) ACTION: RECOMMEND ADOPTION WHEREAS, in accordance with Title of the Code of Virginia, Ann., the Board of County Supervisors may amend the Zoning Ordinance whenever it determines that public necessity, health, safety, convenience, general welfare and good zoning practice necessitate such change; and Ordinance: WHEREAS, this is a request to amend the following sections/articles of the Zoning Section to permit the temporary use of manufactured, modular or mobile offices during reconstruction for commercial, office or industrial uses. WHEREAS, on June 5, 2012 the Board of County Supervisors directed staff to draft language for a zoning text amendment to address the above referenced issue; and WHEREAS, amending the Zoning Ordinance relating to the above-referenced issue is required by public necessity, convenience, general welfare and good zoning practice, and is consistent with the intent of Title of the Code of Virginia, Ann.; and WHEREAS, the Prince William County Planning Commission duly ordered, advertised, and held a public hearing on September 5, 2012 at which time public testimony was received and the merits of the above-referenced zoning text amendment were considered; and WHEREAS, the Prince William County Planning Commission believes that public general welfare as well as good planning practices are served by the adoption of this zoning text amendment; NOW, THEREFORE, BE IT RESOLVED, that the Prince William County Planning Commission does hereby recommend adoption of Zoning Text Amendment #PLN to Permit Temporary Use of Manufactured, Modular or Mobile Offices during Reconstruction for Commercial, Office or Industrial Uses (Countywide). Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: MOTION CARRIED CERTIFIED Clerk to The Commission ZTA #PLN Temporary Use of Manufactured Offices Page B-1

7 Attachment C Proposed Text Amendment Sec Temporary activities. Sec General standards. DRAFT PART 210. TEMPORARY USES Sec Temporary use of manufactured, modular or mobile homes or manufactured, modular or mobile office. Sec Manufactured, modular or mobile offices and storage containers for construction purposes. Sec Manufactured, modular or mobile sales office during construction. Manufactured, modular or mobile offices may be used during construction of a residential development for sales and rental activities, or during renovation or reconstruction of a primary permanent structure for commercial, office or industrial uses if the following criteria are met: 1. A final site plan or subdivision plat has been approved, and is valid, for the site on which the manufactured, modular or mobile office will be located; and 2. For a residential development, an approved preliminary subdivision or site plan, which is valid, shall have been issued for the project and final plans accepted in conformance therewith, provided, however, that for projects pending approval and recordation of final plans, the applicant shall post a notice in one (1) or more prominent locations in such offices that no sales can be made until final plans have been approved and recorded and provided further that such office shall be permitted only if final plans are approved within twelve (12) months of approval for such office. 3. Such offices shall be subject to approval on an individual basis by the Zoning Administrator. 4. The applicant shall submit a sketch of the site identifying the location of the manufactured, modular or mobile office, and construction plans. 5. The manufactured modular or mobile office shall be subject to the minimum setbacks of the zoning district in which it is located. 6. For a residential development, the manufactured, modular or mobile office shall be located within the boundary of the project in which lots or units are to be sold or rented. 7. No sleeping accommodations shall be provided within the manufactured, modular or mobile home. ZTA #PLN Temporary Use of Manufactured Offices Page C-1

8 Attachment C Proposed Text Amendment 8. A minimum of three (3) parking spaces shall be provided for each modular office. Temporary off-street parking may be provided on a lot without a principal structure abutting or adjacent to a modular/mobile sales office or model home if minimum parking requirements cannot be met on the lot on which the modular/mobile office or model home is located. The requirements of Sec (b) for off-street parking and loading may be waived (except for required buffer areas) if the temporary off-street parking lot is intended to serve a mobile sales office on an adjoining lot. 9. The office shall be securely attached and underpinned. Foundations for the office shall be screened from public view. 10. For a residential development, hours of operation shall be between 8:00 a.m. and 9 p.m. For all manufactured, modular or mobile offices, outdoor lighting meeting the standards of subsections et seq., shall be provided for hours of operation after sunset. 11. More than one manufactured, modular or mobile office may be permitted on a lot, if approved by the Zoning Administrator. The Each manufactured, modular or mobile office shall not exceed one (1) story in height and seven hundred and fifty (750) square feet of floor area. The location of any office shall be subject to the setbacks of the zoning district where located. 12. Except for authorizations expiring under the provisions of subsection (2) above, the Zoning Administrator s authorization for the manufactured, modular or mobile office used in conjunction with a residential development shall expire upon the sale or rental of the last lot or unit on the property or within the development. The office shall be removed within thirty (30) days of the expiration date. For a manufactured, modular or mobile office used during renovation or reconstruction of a primary permanent structure for commercial, office or industrial uses, the office shall be removed within fifteen (15) days of final building inspection and approval for occupancy. A temporary modular office may remain on the property no longer than one (1) year. One thirty (30) day extension may be requested and approved at the discretion of the zoning administrator. 13. Sanitary facilities are subject to approval by the Health Department. A copy of the Health Department approval must be submitted with the application. 14. The appropriate permits must also be obtained from the Planning Office and the Department of Development Services. ZTA #PLN Temporary Use of Manufactured Offices Page C-2