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HomeMy WebLinkAboutSP202000003 Staff Report 2022-11-03COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING AGENDA TITLE: SP202000003 — H&H Car Care SUBJECT/PROPOSAL/REQUEST: Special Use Permit application to authorize a commercial use in the Light Industry Zoning District, specifically an auto detailing use within an existing 1,800 sq. ft. building and using a portion of the existing parking area on 5.78 acres. SCHOOL DISTRICTS: Cale E.S., Walton M.S., and Monticello H.S. ACTION AGENDA DATE: June 17, 2020 STAFF CONTACTS: Filardo, Rapp, Nedostup, Kanellopoulos PRESENTER: Tori Kanellopoulos, Senior Planner BACKGROUND: At its meeting on May 5, 2020, the Planning Commission voted to recommend approval of SP202000003 with conditions. The Planning Commission's staff report, action letter, and minutes are attached (Attachments A, B, and C). DISCUSSION: The Planning Commission voted 7:0 to recommend approval of SP202000003 with the conditions set forth in the staff report. The Planning Commission did not request any changes. There have been no substantive revisions to the application or the condition. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution to approve SP202000003 (Attachment D). ATTACHMENTS: A — Planning Commission Staff Report Al —Vicinity Maps A2 — Project Narrative — dated January 21, 2020 A3 — Concept Plans — dated March 6, 2020 B — Planning Commission Action Letter C — Planning Commission Minutes D — Resolution to approve SP202000003 GIN ALBEMARLE COUNTY STAFF REPORT Project Name: SP202000003 H+H Car Care Staff: Tori Kanellopoulos, Senior Planner Planning Commission Public Hearing: May 5, Board of Supervisors Public Hearing: Tentative 2020 Date: June 17, 2020 Owner: 3B CONCEPTS LLC Applicant: Lisa Scherer, on behalf of H+H Car Care Acreage: 5.78 total acres; proposed use is on a Special Use Permit for: Auto detailing use portion of this site (commercial use) per 18-26.2(a) TMP: 09000-00-00-035XO Location: 1833 Avon Street Extended, Charlottesville, VA 22902 Schools: Cale E.S., Walton M.S., and Monticello Zoning District: LI Light Industrial H.S. Magisterial District: Scottsville Number of dwelling units: 0 dwelling units Proposal: Automobile detailing service within an Conditions: Yes existing 1,800 square -foot building and using existing parking area to the side of and behind the building. Development Area: Neighborhood 4 in the Comprehensive Plan Designation: Southern and Western Urban Neighborhoods Office/R&D/Flex/Light Industrial — professional office, commercial; research and development, design, development of prototypes, engineering; light manufacturing, fabrication, distribution if with a non -industrial use. Character of Property: Developed property in the Use of Surrounding Properties: To the west and Light Industrial Zoning District with six structures across the street (Avon Street Extended) are the and various industrial and commercial uses. There Lake Reynovia and Mill Creek neighborhoods. The is an existing landscaping buffer at the rear of the two adjacent parcels to the north and south are also property which will not be affected by this proposal. zoned Light Industrial and are used for industrial and commercial uses. There are two parcels adjacent to the east; one is also zoned LI, and the other is zoned R1 Residential and has one single- family dwelling unit. SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 1 Factors Favorable: Factors Unfavorable: 1. The proposed uses are consistent with the 1. None identified. Southern and Western Master Plan future land use designation for ORDFLI uses. 2. The use will preserve the industrial and commercial character of the area and reuse a vacant industrial building. 3. The proposed uses would generate economic activity and support job opportunities. 4. The proposed uses that would occur outdoors would be substantially or fully screened from the Avon Street Extended public right of way. Recommendation: Staff recommends approval of special use permit request SP202000003 with conditions. SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 2 STAFF CONTACT: Tori Kanellopoulos, Senior Planner PLANNING COMMISSION: May 5, 2020 BOARD OF SUPERVISORS: Tentative Date: June 17, 2020 PETITION: PROJECT: SP202000003 — H&H Car Care MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL: 090000000035XO LOCATION: 1833 Avon St. Extended, Charlottesville, VA 22902 PROPOSAL: Special Use Permit application to authorize a commercial use in the Light Industry Zoning District, specifically an auto detailing use within an existing 1,800 sq. ft. building and using a portion of the existing parking area on 5.78 acres. PETITION: "Commercial use" in LI, Light Industry District per Section 18.26.2(a) of the Zoning Ordinance. ZONING: LI — Light Industrial — industrial, office, and limited commercial uses (no residential use) ENTRANCE CORRIDOR (EC): Yes OVERLAY DISTRICT(S): Steep Slopes (managed) COMPREHENSIVE PLAN: Office/R&D/Flex/Light Industrial — professional office, commercial; research and development, design, development of prototypes, engineering; light manufacturing, fabrication, distribution if with a non -industrial use. In Neighborhood 4 of the Southern and Western Urban Neighborhoods. CHARACTER OF THE AREA: The property is located at 1833 Avon Street Extended. The Lake Reynovia and Mill Creek neighborhoods are across the street and to the west. The two adjacent parcels to the north and south are also zoned Light Industrial and are used for industrial and commercial uses. There are two parcels adjacent to the east; one is also zoned LI, and the other is zoned R1 Residential and has one single-family dwelling unit (Attachment 1). PLANNING AND ZONING HISTORY: The property (TMP 90-35X) has had and currently has a variety of industrial and commercial uses. Current uses include Waste Management, a construction company, a concrete company, and a towing company. Several previous special use permits have been approved on this site, including for outdoor storage and display (SP199800065) and for towing (SP201100020). DETAILS OF THE PROPOSAL: The proposed use is an auto detailing business using an existing 1,800 square foot building with existing parking areas. Approximately five (5) to six (6) vehicles per day would be served. The use does not involve auto repair or mechanical repairs. Most of the auto detailing and washing would occur within the existing garage portion of the existing building, however larger vehicles (such as RV's or buses) would need to be detailed and washed either to the side of or behind the building. There are some existing parking spaces in the front of the building, which would be used for customer and employee parking. The existing parking area to the side and behind the building would be used for waiting vehicles SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 3 and for some detailing and washing. This parking area is gated and will be locked overnight. The proposed use also has a mobile capability and can bring detailing services to customers' businesses and homes. There would be four (4) employees. (Attachments 2 and 3). COMMUNITY MEETING: The Planning Director has waived the community meeting per County Code 18-33.24(C). Section 33.39(B) states that the Commission, in making its recommendation, shall consider the same factors found in Section 33.40(B): 1. No substantial detriment. Whether the proposed special use will be a substantial detriment to adjacent parcels. No substantial detriment is anticipated with this proposed use. The two adjacent properties to the north and south are also zoned Light Industrial and also have commercial and industrial uses. The R-1 Residential zoned parcel to the east is buffered by the existing 30+ foot landscaping buffer on this property, which will remain and not be disturbed with this proposal. The proposed use requires an oil separator and does not allow water back into the County water system. The building is over 400 feet from Avon Street Extended. The top of building is slightly visible from Avon Street Extended, however the parking areas are not visible. 2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. The character of the adjacent parcels and the nearby area would not be changed by the proposed use. The proposed development is consistent with the existing character of the adjacent parcels in the Light Industrial district. 3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, The intent of the Light Industrial zoning district per 18-27.1 is: to permit industrial and supporting uses that are compatible with, and do not detract from, surrounding districts. Structures within the light industry (LI) district are encouraged to be constructed to the standards required for industrial structures, regardless of their intended use. The requested uses are permitted by special use permit in the Light Industrial district and are compatible with surrounding properties and districts. The proposed development of the property would not prevent the site from being used for other light industrial uses in the future. No conflict has been found between this request and the intent of the Zoning Ordinance. a. with the uses permitted by right in the district, The proposed use is compatible with the permitted industrial and commercial uses in the Light Industrial zoning district. SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 4 b. with the regulations provided in Section 5 as applicable, There are no applicable regulations in Section 5. c. and with the public health, safety, and general welfare. This proposal does not appear to have any negative impacts to public health, safety, and general welfare. The proposed use would provide employment opportunities and use a currently vacant building. 4. Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent with the Comprehensive Plan. Southern and Western Master Plan: The proposed use is consistent with the Southern and Western Urban Neighborhoods Master Plan. The future land use designation of this property is Office/Flex/Research and Development/Light Industrial (OFRDLI) in the Southern and Western Master Plan. The Master Plan has the followinq recommendation for this designation: This deugnolim represents a cateyory of employment-generoting uses with file 6ghtess Impacts in the Industrial use cotegor y, although uses In this deugnatlm may generate signlficmf employee traffk, depending on the site and use of she foahly Included are offkes, fleslble spaces, reseorar need de.elopment, and •erg light Industrial uses. Any individual use or my combinatlm of uses are sasubie in fhb colegany, except for "Indusirlal which muff be combined with Offke/RBD, or He. uses and hoes, few imaaas on surrounding uses Primary uses include: offices (professional/medical); research and development (medical technology, transportation, communication systems, development of prototypes); flex (warehousing, showrooms, light manufacturing); and light industrial (manufacturing, distribution). Secondary uses include retail and commercial uses that are supportive of primary, residential, and institutional uses. The Master Plan also contains the following guidance for the Avon Street Extended area: AT The "Other Areas of Importance" section states that "The [ORDFLI] designated land is expected to be an area for further development, especially to provide for light industrial uses and employment." AT The Master Plan states that "The area located south of Interstate 64, between Avon Street and Route 20 South has ... areas for [ORDFLI] use, and potential for redevelopment opportunities, especially in the industrial areas." The proposed use is consistent with the secondary uses in this future land use designation, and with the intent of the future land use. The proposed use would provide employment opportunities and would not negatively impact any primary uses. Comprehensive Plan: The proposed use is also consistent with the relevant provisions of the Comprehensive Plan. The request meets the Growth Management policy (CH 3), which directs commercial and employment uses to the Development Areas. The Economic Development Chapter (6) SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 5 of the Comprehensive Plan encourages businesses to locate on properties already zoned Commercial or Industrial, especially when using or redeveloping underutilized structures on these properties. This Chapter also promotes the expansion of existing local businesses. The proposed use would generate employment opportunities and use a currently vacant building on a Light Industrial zoned property. H+H Car Care was formerly located in the City of Charlottesville and had to find a new location after the previous location was developed for other uses. The proposal is also consistent with the relevant portions of the Development Areas Chapter (8), which encourages businesses to locate and expand in the Development Areas, especially in the urban neighborhoods (which includes Southern and Western). The following comments have been provided by the Office of Economic Development: Overall, the County has very limited supply of industrially -zoned land. As a result, the EDO would not typically support requests for commercial uses to locate within an industrial district. However, we view this application as a unique case due to several factors: 1. Our office verified the proposed tenant (Rod Howard, owner of H+H Quality Car Care, Inc. and Waxmaster Mobile Detailing) has worked diligently with local commercial brokers to investigate opportunities for viable commercially -zoned land. No commercial opportunities are currently available. 2. Our office also independently reviewed properties within the County to confirm that no viable commercially -zoned options were available. We have continuously looked for opportunities to share since November 2019 and have found none. 3. Project ENABLE is primarily focused on serving the County's target industries and primary businesses. The majority of these businesses are not seeking this type of space within an industrial district. Instead, many primary businesses suited for industrially -zoned land are seeking manufacturing/warehouse space with a limited amount of Class A or Class B office space attached. They are also seeking locations that are proximate to desirable amenities for their employees like coffee shops and restaurants. The proposed site does not meet these characteristics and it is unlikely that this location would be sought after by one of these businesses. For these reasons, EDO staff has no objection to the proposed request. In addition to the evaluation criteria in Section 33.40(B) of the Zoning Ordinance, Section 26.3 of the Zoning Ordinance also specifies "additional factors when considering special use permits for "general commercial uses" in Industrial districts: a. The purpose of the industrial district in which the use is proposed. No conflict has been found between these proposals and the purpose of the LI district. The proposed use is within an existing 1,800 square foot building. The scale of this commercial use is consistent with a secondary use in the LI district. SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 6 b. The proposed use and its proposed size should be consistent with the intent of the applicable industrial district. The intent of the Light Industrial zoning district (18-27.1) is 'to permit industrial and supporting uses that are compatible with, and do not detract from, surrounding districts.' The intent of Industrial Districts (Generally) (18-26.2) is 'to be for the purpose of providing places of employment and strengthening the local economic base in furtherance of the economic development policy of the comprehensive plan.' The proposed use provides employment opportunities and is compatible with surrounding industrial uses. c. The use proposed should not be located on the lowest floor of any building having direct exterior access to the ground surface in order to allow that floor to be used for industrial purposes. The building for the proposed use already exists. Therefore, it is appropriate to modify the existing one-story structure and use this existing first floor. d. The gross floor area of each establishment should not exceed three thousand (3,000) square feet. The existing building is only 1,800 square feet. e. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not exceed twenty-four thousand (24,000) square feet and should not exceed twenty five (25) percent of the gross floor area of the building. The existing building is only 1,800 square feet. This site does not contain one large industrial building, but rather has several industrial and commercial buildings. The proposed use would use less than 25 percent of the site. Whether the structure or structure expansion will be constructed to the standards required for industrial structures, regardless of its intended use. The structure already exists, and no expansion is planned at this time. Future uses of the building could be commercial or industrial, or a new structure could be constructed, which should meet the standards required for industrial structures. SUMMARY: Staff has identified the following factors which are favorable to this request: 1. The proposed uses are consistent with the Southern and Western Master Plan future land use designation for ORDFLI uses. 2. The use will preserve the industrial and commercial character of the area and reuse a vacant industrial building. 3. The proposed uses would generate economic activity and support job opportunities. 4. The proposed uses that would occur outdoors would be substantially or fully screened from the Avon Street Extended public right of way. Staff has identified the following factors which are unfavorable to this request: 1. None identified. SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 7 RECOMMENDATION: Based on the factors favorable, staff recommends approval of SP202000003, H+H Car Care, with conditions (below): Development of the use shall be in general accord with the Conceptual Plan titled "H+H Car Care Concept Plan," prepared by Lisa Scherer, with the latest revision date of March 6, 2020, and narrative title "1833 Avon Street Extended: Project Narrative", with the latest revision date of January 21, 2020, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development and as described in the Narrative and the Conceptual Plan: a. Location of the vehicle parking and waiting areas. b. Location of the auto detailing and washing areas. POSSIBLE PLANNING COMMISSION MOTIONS for SP202000003: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP202000003, H+H Car Care, with the conditions outlined in the staff report. B. Should a Planning Commissioner choose to recommend denial of this special use permit Move to recommend denial of SP202000003, H+H Car Care (state reasons for denial). ATTACHMENTS: Attachment 1 —Vicinity Maps Attachment 2 — Applicant's Narrative, dated January 21, 2020 Attachment 3 — Concept Plan, dated March 6, 2020 SP202000003 - H+H Car Care Planning Commission Public Hearing: May 5, 2020 8 9OD-35 1 90D-34� 9OD-5 90D-4 90-35R Legend _.90D-6 13� 90D-B 490-355 -- (Nnl snne items an map may nmappear in legend) Parcel Info A ❑ Parcels 141 90D-7 90-35T / n 6 90D-11 1633 90-35F 90D-8 1831, 1 1634 9OD-10 90D-9 1641 153� 1.642f 90-35X 1650 1524 J 90-35W 1835 m o 1518 i 90C1-02--32 1650 - .// \ 1512/ 184/ ` — Royal O v,- ak tv ti o CC 1651 90-35 M 90C1-02--1 1673 �r 1675\ 1t02`4 1875 90C 1833j' 1679 90C� '- _90-35Y 90-35N �. / N — U — 0 188 ft 90-35P o GIs -wen 90-35+" $ � Geo,ral Data Sl alnemedeoeri iserfgs Sq ^ Gam P /) 2�5832 My determination Mtia ]2pny or mntoum,or anJ depll Mpfysical Improvement, property Imes or boundaries al for gereral sifonnallon o* add snail not ne used for Me design, mMMcallm, or mmWNm of MprovemeMs to real properly orforPOM plain detemination. 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Martll 9,20M Map elements, may stale larger than GIS data treasured in the map or as provided on the data dovmba4 page due to the pmlecrim used Map PmRction: WGSBO Web alternator pordeary Sphere) (EPSG 3857) 1833 Avon Street Extended Tax Map 90-35X Albemarle County, Virginia PROJECT NARRATIVE SPECIAL USE PERMIT January 21, 2020 Property Owner: - 3B Concepts, LLC PO Box 561 Palmyra, VA 22963 APPLICANT: H&H Quality Car Care — Waxmaster Mobile Detailing Currently Homeless E lIM . IYtff1T�4-.ililMll $�'i`�f u � t .�" �'H y.',1aueAr .. a,T .6 �, ..�' •%WWI�a * ;�_ �NeA- e f y P 5. ...W�G.aw •. v.. t, Figure 1 Albemarle GIS Map (90-35X) 1833 Avon Street Ext Project Narrative January 21, 2020 B. H&H Quality Car Care /Waxmaster Mobile Detailing Is not currently conducting business. In accordance with Zoning Ordinance Section 26.2(a), this use requires a Special Use Permit to locate on the subject property due to the LI zoning category. C. Zoning Ordinance Section 26.2(a) requires a Special Use Permit for commercial uses In the LI district that are allowed by -right or by Special Use Permit in the Commercial (C-1), Commercial Office (CO) and Highway Commercial (HC) districts. During the pre -application meeting, it was stated that an auto detailing business is allowed by - right In the HC district under use tit. Automobile, truck repair shops. D. H&H Quality Car Care / Waxmaster Mobile Detailing is not a high -volume detailer. An appointment is needed and five to six vehicles will be serviced per day, on site. This Is a detailing service that prides itself on exceptional work and customer service. Among the services offered are: Hand Wash & Dry Interior Vacuum and Shampoo Chrome Polishing Compounding Stain removal — where possible Engine Cleaning Hand Wax Wheel & Trim Clean & Dress R.V's & Boats 2i IF 9 CONC. 48 METAL#1B33 BUILDING CONCRETE GRAVEL Sq3 .g6.39 149- q0 . a m sv GATE-—",` FRAME T SHED \ I / b BOLL 1 / I I I P w � � I WASTE ' r TANKIPUMF � I I Q i !o I/ POND l 3X3 / r (0GRATE r (ty s s 1833 Avon Street Ext Project Narrative January 21, 2020 Pick-up and Delivery, is offered as well as Free Shuttle Service E. Hours of operation will be Monday through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 10:0 a.m. to 6:00 p.m. There will be after hours drop off. F. The mobile wash vans will be parked inside the fence each night. The Conceptual Plan, (see page 3), indicates the parking envelope for the vans and oversized vehicles. G. The auto detailing use is a benefit to the public and will also bring jobs to Albemarle County. H&H Quality Car Care / Waxmaster Mobile Detailing has been in business for 30 years and has a stellar reputation and faithful clientele. H. The majority of the site is not visible from Avon Street Extended as there is a significant drop in grade as you move to the rear of the property, (away from Avon St Ext) and is well screened by trees and plants in the rear. The site is bordered on the sides by Waste Management and Snow's Garden Center and the rear is well screened with trees and vegetation. There is a 170' setback from the property line in the rear, owned by Betty Lee Properties, LLC. II. Project Consistency with the Comprehensive Plan U The property is in the southern portion of the Southern and Western Urban Neighborhoods Master Plan and its Comprehensive Land Use Designation is Office/R&D/Flex/Licht induetrul ac chnWn in Pia -ire 2 41 1833 Avon Street Ext Project Narrative January 21, 2020 B. Surrounding Properties Property fronts Avon Street Extended, is bordered on the left by Snow's Garden Center. The property is bordered on the right by Hatmaker LLC and the rear by Betty Lee Properties LLC. All bordering properties are zoned LI. C. The purpose of Office/R&D/Flex/ Light Industrial (ORDFLI) zoning is to provide employment generating uses and not impact the surrounding areas with the heavy industrial side effects, such as noise, large warehouses, big truck traffic and the like. This commercial business will bring jobs to the county and will have no ill side effects on the Light Industrial area. D. One of the primary uses for the ORDFLI designation, per the Master Plan, Is office use. This business plans on using part of the existing building as office space. E. The Master Plan states that secondary use for LI zones is commercial. The vehicle detailing will fit in among the businesses already located nearby. There are several towing companies, an auto body repair shop and an auto repair/towing shop very close by. F. The proposed commercial use is well suited for this site. It is for the most part, shielded from public view. (The top of the metal building can be seen from Avon Street Ext.) There are several residential developments nearby to draw additional customer base for the business and add convenience for the folks that live nearby. G. The site for this proposed Special Use is not very big, but the parcel it is a part of consists of a little over five acres, and fits with the Master Plan. All sides of the site are bordered by LI zoned properties, (please refer to figure 2). III. Impact on Public Facilities and Infrastructure A. As this property is already developed, no significant impact to public facilities or infrastructure is anticipated. B. The property is currently served by public water and sewer. 51 Pag(, C. Stormwater Management 1833 Avon Street Ext Project Narrative January 21, 2020 This the majority of this site is covered in gravel, so drains well with very little runoff. D. Traffic and Access This business generates a low volume of traffic and no adverse effects are anticipated. E. Fire and Rescue The site is located approximately one mile from Monticello Fire and Rescue. IV. Impact on Environmental Features A. There are no significant environmental impacts anticipated with this business. B. The applicant proposed to maintain the current grading of the site . C. The site is located outside of the 100-year flood plain and Water Protection Stream Buffer. D. There are no known wetlands or streams on the property. E. The existing 170' vegetative buffer at the rear of the site will remain undisturbed to provide filter for any heavy storm runoff and preserve animal habitat. V. Additional Zoning Ordinance Factors Related to Special Use Permit A. Zoning Ordinance Section 26.3 additional factors for granting general commercial Special Use Permits 1. The purpose of the industrial district in which the use is proposed: The existing industrial district is characterized by light industrial uses including a garden shop, contractor offices, towing businesses, and auto body repair, so a vehicle detailing business should fit well in the 1l district. 2. The proposed use and its proposed size should be consistent with the intent of the applicable industrial district. - The use and size are consistent with the intent of the applicable industrial district. 3. The use proposed should not be located on the lowest floor of any building having direct exterior access to the ground surface in order to allow that floor to be used for industrial purposes. 61Pag;cr 1833 Avon Street Ext Project Narrative January 21, 2020 There are no industrial purposes proposed with this application. This will not preclude the property from being used for industrial purposes in the future. 4. The gross floor area of each establishment should not exceed three thousand (3,000) square feet - The gross floor area of the vehicle detailing business will be 1,80 square feet. 5. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not exceed twenty-four thousand (24,000) square feet and should not exceed twenty-five (25) percent of the gross floor area of the building. - The aggregate floor area of the commercial uses will be 1,800 square feet, the total gross floor area of the building. B. Zoning Ordinance Section 33.8(a) factors the Board shall reasonably consider when acting upon a Special Use Permit 1. No substantial detriment. The proposed Special Use Permit will not be a substantial detriment to adjacent lots. - The proposed use in less intensive than a towing business or Waste Managements heavy trucks. The vegetative buffers and grade drop shields from view the majority of the site. There will be no substantial increase in traffic. 2. Character of district unchanged. The character of the district will not be changed by the proposed Special Use Permit. Since the proposed use is located on a parcel that currently houses towing companies and it is a relatively small business, the character of the district will remain unchanged. VI. Other special studies or documentation, if applicable and any other information identified as necessary by the county on the pre -application comment form. Provide trip count estimates for the proposed use. No traffic impact analysis (TIA) is needed. - It is estimated that there will be between six and eight round trips per day, to include shuttle and customer pick-up/drop-offs. 7IPr.,e '>•'�• LAKER � " ..• • � •��•. �G4GA! 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Listed are the following conditions: Development of the use shall be in general accord with the Conceptual Plan titled "H+H Car Care Concept Plan," prepared by Lisa Scherer, with the latest revision date of March 6, 2020, and narrative title 1833 Avon Street Extended: Project Narrative", with the latest revision date of January 21, 2020, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development and as described in the Narrative and the Conceptual Plan: a. Location of the vehicle parking and waiting areas. b. Location of the auto detailing and washing areas. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832 ext 3270 or email vkanellopoulosoalbemarle.ora Sincerely, Tori Kanellopoulos Senior Planner Planning Division Cc. Mr Rod Howard h h c a rca re a h of m a i l. co m Albemarle County Planning Commission May 5, 2020 The Albemarle County Planning Commission held a virtual public hearing on Tuesday, May 5, 2020 at 6:00 p.m. Members attending were Julian Bivins, Chair; Karen Firehock, Vice -Chair; Tim Keller; Jennie More; Bruce Dotson; Rick Randolph (arrived at 6:33 p.m.); Corey Clayborne; and Luis Carrazana, UVA representative. Other officials present were Ton Kanellopoulos; Andy Reitelbach; Charles Rapp, Planning Director; Jodi Filardo, Andy Herrick, County Attorney's Office; and Carolyn Shaffer, Clerk to the Planning Commission. Call to Order and Establish Quorum Mr. Bivins called the regular meeting to order at 6:00 p.m. and established a quorum. He said this was a virtual meeting that was held pursuant to and in compliance with Ordinance No. 20-A(6), "An Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster." Mr. Bivins said the public could access and participate in this electronic meeting by following the link available at www.albemarle.org/calendar, or by calling 877-853-5257. Mr. Bivins asked Mr. Andy Herrick (Deputy County Attorney) to move the Commission through Item #2. Resolution adopting procedures for public meetings under section 6 of Albemarle County's Ordinance to ensure the continuity of government during the COVID-19 disaster Mr. Herrick said the Board of Supervisors adopted an Emergency Ordinance first on March 27, then an amended ordinance on April 15 that allowed for a number of special operations during the COVID-19 emergency. Mr. Herrick said of special interest to the Planning Commission is its ability to conduct virtual public meetings during the emergency. He said those are spelled out in Section 6 of the ordinance. He said the Board of Supervisors has granted the authority for bodies such as the Planning Commission, Board of Zoning Appeals, Architectural Review Board, and other public bodies associated with the County to meet virtually. Mr. Herrick said they have prepared a resolution by which the Planning Commission would accept the County's authorization to meet electronically. He presented the proposed resolution to the Commission, noting that it included a number of "whereas" clauses that recite the circumstances in which they find themselves. He said the provision at the bottom said, "The Commission hereby approves the conducting of this meeting through real-time electronic means consistent with Section 6 of the ordinance." Mr. Clayborne moved to adopt the resolution proposed by staff. ALBEMARLE COUNTY PLANNING COMMISSION DRAFT MINUTES — May 5, 2020 Mr. Dotson seconded the motion, which carried unanimously (6:0). (Mr. Randolph was absent from the vote.) Consent Agenda Mr. Bivins asked if anyone cared to pull the item on the consent agenda. Mr. Clayborne moved to approve the consent agenda. Mr. Dotson seconded the motion, which carried unanimously (6:0). (Mr. Randolph was absent from the vote.) Public Hearing Items SP202000003 H&H Car Care Ms. Tori Kanellopoulos, Senior Planner, presented. She said this is a public hearing for a Special Use Permit request for an auto detailing use within an existing 1,800-square-foot metal building. Ms. Kanellopoulos said the request is to use the existing metal building on a site with five other buildings, totaling 5.78 acres. She said the parcel is located on Avon Street Extended and is located across Avon Street to the east of the Lake Reynovia and Mill Creek neighborhoods, located south of the Cale Elementary School and Avinity Neighborhood. Ms. Kanellopoulos said the metal building is located at the rear of the site at 1833 Avon Street Extended. She said the other uses on the property are existing Commercial and Industrial uses. She said only the roof of the existing building is visible from Avon Street. Ms. Kanellopoulos presented additional pictures of the site. She said the image on the left shows the existing building and customer parking area in the front, and the image on the right shows the existing parking area to the rear of the building. Ms. Kanellopoulos said the property is zoned Light Industrial, as shown on the map, which allows certain commercial uses, including auto detailing, by Special Use Permit. She said nearby and adjacent parcels are zoned Light Industrial, with one parcel to the east zoned R1 Residential. She said the existing required 30-foot buffer with this residential parcel is not changed with this proposal. Ms. Kanellopoulos said the property is designed Office - Research & Development, Flex, and Light Industrial in the Southern and Western Neighborhoods Master Plan. She said this designation allows commercial uses as secondary uses and that therefore, this proposal is consistent with the Comprehensive Plan designation. Ms. Kanellopoulos said the proposed auto detailing business would use the existing 1,800- square-foot building at 1833 Avon Street, including the existing parking areas and garage. She said approximately five to six cars per day would be served. She said the use does not involve auto repair or mechanical repair. She said most of the detailing and washing would occur within the existing garage. She said larger vehicles would need to be detailed and washed in the existing parking areas to the side or rear of the building. She said these parking areas are gated and would be locked overnight. Ms. Kanellopoulos said the existing parking area in front of the building would be used for customer parking, and there would be four employees. ALBEMARLE COUNTY PLANNING COMMISSION 2 DRAFT MINUTES — May 5, 2020 Ms. Kanellopoulos said staff is recommending approval of the Special Use Permit application, with conditions. She said since the Commission had already seen the conditions in the staff report, she could return to them to address questions or comments as needed. Mr. Keller said he had a question that was for Mr. Charles Rapp (Director of Planning) and Ms. Jodie Filardo (Director of Community Development). He said it seems that there have been a number of discussions in the County among the Supervisors, Planning Commission, and Economic Development Authority about the change in land from Light Industrial to Commercial. He said there is a well -argued piece in the staff report, and that he was not questioning this at all. He said he was questioning whether or not this really should be an unfavorable condition. He said in his mind, it is an unfavorable condition, even if they are positively inclined in this particular case. He said it was a bigger question and something the County deals with frequently. Mr. Rapp replied that it was something staff could look into further, and that some greater flexibility with this was likely needed. He said it was worth debating whether or not this was an unfavorable condition, especially as they are seeing more of these cases coming before the Commission regularly. Mr. Keller said this was no criticism of staff, and that it was well -covered and addressed in the staff report. Mr. Dotson asked if Mr. Keller could clarify what he meant by "unfavorable condition." Mr. Keller replied that he was referring to the favorable and unfavorable for an action that staff provided. He said it seemed to him that they are often discussing providing alternative uses in Light Industrial areas, and yet, they hear from the EDA and staff that they do not have enough land prepared for Light Industrial in the County. He said it was somewhat like a steep slope, when staff is saying it is a condition, but there are ways to consider it differently. He said this would be his argument for why it should be an unfavorable, even if it is not a reason not to grant the change. Ms. Firehock said her question was more of a technical question in terms of what will happen to the water from the car washing that occurs outside. She said she had read that there would be an oil separator, and that she assumed this was for the water that is going into a drain inside the building, before it goes to the water treatment plant. She said she is concerned about drain water and soap going into the drain and the outside not going to the water treatment plant, since there is a separated sewer system. Ms. Kanellopoulos said she could let the applicant answer the question as well, but the Service Authority and Engineering did also review the application, and deemed that it met their criteria for the treatment of the water on the site. Mr. Bivins opened the public hearing. Mr. Rod Howard, owner of H&H Quality Car Care, said that everything they use is biodegradable. He said the EPA has checked out all of their products. He said they also have a mobile unit that goes out on the road, and they capture all water into a drain pit that is recaptured back into the vans. He said nothing else goes into the sewer line, or on the ground. ALBEMARLE COUNTY PLANNING COMMISSION DRAFT MINUTES — May 5, 2020 Mr. Howard said he has been in business in the City of Charlottesville and Albemarle County for about 30 years, detailing and cleaning cars. He said this is something he has been doing since he was 19 years old. He said they do a great deal of business in the surrounding area and would like to continue doing that. Mr. Sean Tubbs (Piedmont Environmental Council) said this was a different time when the public is distracted by the pandemic and may not be paying as close attention. He said on this specific application, PEC does not have a position. Mr. Tubbs said the Site Review Committee conferences that are usually held are publicly open meetings. He said both have been waived at the moment and are not being held, which was understandable as they are in the midst of a global pandemic. He asked if the Site Review Committee for this application was held. Mr. Tubbs said he was trying to do some research as to whether this went to the 51h and Avon Community Advisory Committee. He said he found in the staff report that the CAC was waived, subject to code. He asked if he could get an explanation on the record, for the public, of what 33.24-C is that allowed for that to be waived. Mr. Tubbs said that in a time like this, it is crucial that the process they have had and respected in the County for decades continues to be respected. He said they aspire to be a nation and community of rules and laws, and as they halt meetings in this new setting, the need for transparency and clarity is paramount at this time. Mr. Neil Williamson (Free Enterprise Forum) thanked the Planning Commission and the County for moving forward with projects during this unprecedented time. He said the Free Enterprise Forum does not have a position on this specific application. He said he was in the unusual position, however, of agreeing with Mr. Keller regarding the unfavorableness regarding Light Industrial use. He said there may be a true need for zoning reclassification at this time to allow for more variety of uses, and that perhaps this is where they are headed with form -based code. He said they need to look at ways that properties can be maintained, moved forward, and utilized in different ways and determine how it impacts the public, rather than what is going on inside the metal building. Mr. Williamson said he agreed with Mr. Tubbs' call for transparency in this uncertain time. Mr. Bivins closed the public hearing. Mr. Herrick said he could address the basis for Section 18-33.24 that Mr. Tubbs referred to. He said there are specific provisions regarding potential waiver of a community meeting. He said he was unsure as to whether this community meeting was waived for the reasons stated in 18-33.24. He said as the Commission may be aware, the County is taking alternate steps to accept public input on these applications. He said there are ways that the County is soliciting public input even in the absence of face-to-face meetings. He said even though people are not coming into the County Office Building, the County is still accepting comments in lieu of a face-to-face meeting via various avenues. Mr. Herrick said he would defer to Mr. Benish and Ms. Kanellopoulos as to whether a community meeting was held in this case, and if not, the grounds for waiving. ALBEMARLE COUNTY PLANNING COMMISSION 4 DRAFT MINUTES — May 5, 2020 Ms. Kanellopoulos asked Mr. Rapp if he preferred to answer the question Mr. Rapp replied that in this particular instance, the community meeting was waived based on the factors stated in the ordinance that would permit such a waiver. He said primarily, this application was unlikely to generate any significant public concerns due to the nature of the request, the acreage affected, the proposed density, the proposed scale, and the potential impacts of the development. He said this was an existing industrial site and did not have any particular requirements unique to it, and that it was also not very visible from the roadway. Mr. Rapp said as Mr. Herrick had mentioned, there is a process set up for engaging the public through multiple avenues (virtual meetings, mailers, recorded presentations) and to maintain the typical process. Mr. Herrick added that Subsection A of that ordinance spells out the purposes for a community meeting, and that they have tailored the approach for public input to meet those purposes even in the absence of the ability to meet face-to-face. Ms. Firehock said she heard the applicant say that the materials that were being used are biodegradable and that when they have their mobile vans out, they would catch their runoff in a drip can. She said she was still concerned about even biodegradable materials going into the storm drain. She said she would ask that when they get to the site plan, that Engineering pay close attention to that. She said it was in the Moores Creek Watershed, which is impaired, and that excess nutrient contamination is a problem in the urban ring and in this part of the County. She said even biodegradable materials, in excess, can cause a problem for aquatic life due to nutrient enrichment and oxygen depletion. Ms. Firehock said she was not talking about stormwater, but specifically about the soap products that might go into the storm drain. She apologized if she misunderstood the applicant at all. Mr. Bivins welcomed Mr. Randolph into the meeting, as he arrived late. Mr. Randolph said he reviewed the application closely with former Planning Commissioner Pam Riley, and that they both came to the same conclusion that they did not see any significant issues on the application. Mr. Randolph moved to recommend approve SP202000003 H&H Car Care with the conditions as outlined in the staff report. Mr. Keller seconded the motion, which carried unanimously (7:0). Mr. Bivins said the recommendation would be moved forward to the Board of Supervisors Committee Reports There were no committee reports Old Business There was no old business. ALBEMARLE COUNTY PLANNING COMMISSION DRAFT MINUTES — May 5, 2020 New Business Mr. Bivins said if anyone were interested in receiving a hard copy of the Commission's materials, he and Mr. Randolph were receiving copies that Friday, and that anyone else could let him know if they were interested. Ms. More said she usually does not use hard copies unless there are applications with many attachments. Mr. Bivins said he understood there would be two extra copies if anyone was interested. Mr. Carrazana said he would like a copy. Mr. Keller asked if they were sticking with the same agenda that was proposed in the spreadsheet that Mr. Rapp had sent some time ago, indicating that he would not need hard copies for those three items. Mr. Rapp replied yes, with the exception of the high school that was removed. He said there were some minor modifications happening with that plan. Mr. Keller said it would be nice if the week before, staff could ask the Commission each time and save on paper on the less complex applications. Mr. Rapp said the agenda for next week was already online, so for any Commissioners who want to take a look at the two items online and decide they would like paper copies, they could make that request. Adjournment At 7:10 p.m., the Commission adjourned to May 12, 2020 Albemarle County Planning Commission meeting, 6:00 p.m. via Zoom. Charles Rapp, Director of Planning (Recorded by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards and transcribed by Golden Transcription Services) Approved by Planning Commission Date: May 19, 2020 Initials: CSS ALBEMARLE COUNTY PLANNING COMMISSION 6 DRAFT MINUTES — May 5, 2020 RESOLUTION TO APPROVE SP 202000003 H&H CAR CARE BE IT RESOLVED that, upon consideration of the staff report prepared for SP 202000003 and all of its attachments, the information presented at the public hearing, any written comments received, and the factors relevant to a special use permit in Albemarle County Code § § 18-26.2, 18-27.2, and 18-33.40, the Albemarle County Board of Supervisors hereby approves SP 202000003, subject to the condition attached hereto. I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Ave Nay Mr. Gallaway Ms. LaPisto-Kirtley Ms. Mallek Ms. McKee) Ms. Palmer Ms. Price SP-202000003 H&H Car Care Special Use Permit Condition 1. Development of the use shall be in general accord with the Conceptual Plan titled "H&H Car Care Concept Plan," prepared by Lisa Scherer, with the latest revision date of March 6, 2020, and project narrative titled "1833 Avon Street Extended: Project Narrative," with the latest revision date of January 21, 2020, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development and as described in the Narrative and the Conceptual Plan: a. Location of the vehicle parking and waiting areas. b. Location of the auto detailing and washing areas.