HomeMy WebLinkAboutSP201900008 Staff Report 2019-12-03ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP201900008 The Miller School of
Staff: Tim Padalino, AICP, Senior Planner
Albemarle
Planning Commission Hearing: December 3, 2019
Board of Supervisors Hearing: (TBD)
Owner: The Miller School of Albemarle
Applicant: The Miller School of Albemarle
Location: 1000 Samuel Miller Loop, Charlottesville,
Special Use Permit for: "Private School" (Z.O. 10.2.2.5)
VA 22903
Conditions: Yes
Tax Map Parcels (TMP): 07200000003200,
Zoning/by-right use: RA Rural Areas / agricultural,
072000000032D0, 072000000032E0
forestal, and fishery uses; residential density (0.5
Acreage: 1,047 acres (GIS)
unit/acre in development lots)
(Note: the "Composite Survey of The Miller School of
Zoning Overlay Districts: Critical Slopes; Flood Hazard
Albemarle, " prepared by Kirk Hughes, LS and dated
Requested # of Dwelling Units/Lots: Zero (N/A)
211511999, identifies TMP #72-32 as 1,066.46 acres)
Magisterial District: Samuel Miller
School Districts: Brownsville ES; Henley MS; Western
Albemarle HS
Proposal: SP application to authorize the continuation
Comp. Plan Area: Rural Area 3
and extension of the historic private school use, which
Comp. Plan Designation: Rural Areas — preserve and
is currently a non -conforming use. Proposal includes
protect agricultural, forestal, open space, and natural,
the renovation and expansion of an existing dormitory
historic and scenic resources; residential uses (0.5
structure, as well as an increased maximum student
unit/acre in development lots).
enrollment of 225 students and future construction of
additional structures and improvements.
Character of Property: The historic private school
Use of Surrounding Properties: Agricultural lands,
campus has existed since 1878; the majority of the
undeveloped forest, and low -density residential uses; a
approximately 1,047-acre subject property, which
number of conservation easements exist in the vicinity of
contains a portion of the Mechums River as well as
the subject property.
the Miller Branch and other tributary streams, is
undeveloped and under conservation easement.
Factors Favorable: (see pp. 8-9 for details)
Factors Unfavorable: (see pp. 8-9 for details)
1. The SP would bring an existing non -conforming use
1. New private school uses in the Rural Area are generally
into permitted compliance with the Zoning Ordinance.
not compatible with the intent of the Rural Areas zoning
2. The Concept Plan and Application would limit future
district or the Rural Area chapter of the Comp Plan;
development associated with the private school use to
however, this proposal is for the continuation and limited
four "envelope" areas that are situated within an
expansion of an existing use that has been in continuous
existing conservation easement.
operation for over 140 years.
3. The continuation and limited expansion of the historic
2. The proposal would generate additional vehicle trips on
private school use is consistent with numerous
roads in the Rural Area surrounding The Miller School
recommendations in the Rural Area chapter of the
of Albemarle; however, the additional vehicle trips
Comprehensive Plan.
associated with the proposed increase in student
enrollment are not anticipated to create any significant
impacts to public road safety or level of service.
Recommendation: Staff recommends approval of SP201900008 with conditions.
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 1
STAFF CONTACT: Tim Padalino, AICP, Senior Planner
PLANNING COMMISSION: December 3, 2019
BOARD OF SUPERVISORS: (TBD)
SP201900008 The Miller School of Albemarle
PETITION:
PROJECT: SP201900008 — The Miller School of Albemarle
MAGISTERIAL DISTRICT: Samuel Miller
TAX MAP/PARCEL(S): 07200000003200, 072000000032D0, 072000000032E0
LOCATION: 1000 Samuel Miller Loop, Charlottesville, VA 22903
PROPOSAL: Special Use Permit application to authorize the continuation and extension of the historic
private school use, which is currently a non -conforming use. Proposal includes the renovation and
expansion of an existing dormitory structure, as well as an increased maximum student enrollment of 225
students and future construction of additional structures and improvements.
PETITION: "Private school" per Section 10.2.2.5 of the Zoning Ordinance.
ZONING: RA Rural Areas — agricultural, forestal, and fishery uses; residential uses at a density of 0.5
dwelling units/acre in development lots.
ENTRANCE CORRIDOR (EC): No.
OVERLAY DISTRICT(S): Critical Slopes; Flood Hazard.
COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open space, and
natural, historic and scenic resources; residential uses (0.5 unit/acre in development lots).
CHARACTER OF THE AREA:
The subject property is comprised of one large parcel of record (TMP #72-32) and two small co -owned
inheld parcels of record (TMPs #72-32D and #72-32E) which total approximately 1,047 acres. The subject
property is located in "Rural Area 3" in western Albemarle County in the Samuel Miller Magisterial District,
and has frontage on Miller School Road, Dick Woods Road, and Pounding Creek Road. The subject
property also contains a portion of the Mechums River, as well as the Miller Branch and other tributary
streams. Location Maps are provided as Attach. 1.
The subject property is zoned RA Rural Areas, and adjacent and nearby parcels are also zoned RA. This
area is largely characteristic of the Rural Areas, with agricultural lands, undeveloped forest, and riparian
corridors with intact, mature forest; residential development at a very low density; and narrow, winding
roads. A significant number of conservation easements exist in the vicinity of the subject property.
The Miller School of Albemarle's historic school campus, dating to 1878, is the most notable feature on
the subject property. There are 43 identified structures on the subject property, including three which are
listed on the National Register of Historic Places: Old Main (Main Building); the Headmaster's House
(Superintendent's House); and Caton Hall (Mechanical Arts Building). The majority of the subject property
is undeveloped, and 637 acres are under conservation easement with the Land Trust of Virginia. The
existing structures, roads, and other improvements are shown on Sheet C1.0 ("Existing Conditions Plan")
and Sheet C1.4 ("Building Location Map per Conservation Easement") found on page 20 and 27,
respectively, of the "Application for Special Use Permit" (dated August 19, 2019 and updated October 21,
2019) (Attach. 2).
PLANNING AND ZONING HISTORY:
The parcels of record included in this special use permit application have not been subject to prior
legislative zoning permit actions. Accordingly, the existing private school use is a non -conforming use.
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
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DETAILS OF THE PROPOSAL:
The applicant is requesting a special use permit to authorize the continuation and extension of the historic
private school use, which is currently a non -conforming use. The proposal includes the renovation and
expansion of an existing dormitory structure (the Haden Hart Dorm), as well as an increase to the
maximum student enrollment from 195 to 225 students and future construction of additional structures and
improvements. The applicants have provided a detailed description of the existing and proposed private
school use, as articulated in the "Application for Special Use Permit" (Attach. 2) dated August 19, 2019
and updated October 21, 2019.
Proposed School Operations:
The applicant's proposal includes a maximum student enrollment of 225 students. The applicant also
proposes to control the proportion of commuting students and residential students housed on campus: a
minimum of 60% of enrolled students would need to be residential students, and commuting students
would be limited to a maximum of 40% of enrolled students.
Proposed Concept Plan / Site Layout:
The applicant's proposed uses and improvements are shown and described in the Concept Plan (Attach.
3), which is Sheet C1.1 on page 22 of the Application/Attach. 2. The Concept Plan, which shows the
central portion of the subject property, depicts the existing historic school campus as well as the location
of potential future structures and improvements, such as: four new school buildings located to the north of,
and in general alignment with, the existing structures; new and reconfigured parking areas; new and
reconfigured travelways; and new amenity spaces such as courtyards, lawn terraces, and an outdoor
amphitheater. The Haden Hart Dorm, which is the site of the proposed renovation and addition, is
identified on the Concept Plan as feature "Z" at the northern end of the historic school campus.
Additionally, Sheets C1.0 and C1.4 (pages 20 and 27 of the Application/Attach. 2, respectively) show the
locations of four "envelopes" within the subject property that are designated for future development, as
previously established through The Miller School of Albemarle's deed of gift of conservation easement
with the Land Trust of Virginia. These four development envelopes include:
1. Campus Area Building Envelope (approximately 98 acres)
2. Farm Building Envelope #1 (approximately 10 acres)
3. Farm Building Envelope #2 (approximately 38.5 acres)
4. Dwelling Envelope (approximately 8.5 acres)
The aggregate total size of these four development envelopes is approximately 155 acres. This
represents approximately 15% of the overall subject property, which is approximately 1,047 acres. All
future development would be limited to the areas within those four envelopes; the remaining portions of
the subject property would be bound by the terms of the conservation easement with the Land Trust of
Virginia, as identified in the "Easement Restrictions Designed to Protect Conservation Values" contained
on pages 8 — 16 of the "Miller School Baseline Documentation Report for the Deed of Gift of Conservation
Easement donated to the Land Trust of Virginia." A copy of the conservation easement can be found on
pages 37-126 of the file named "SP201900008 Application 2019-08-19 (5)" which is available for viewing
and download HERE.
Note: Staff analysis of the proposed Concept Plan / site layout and proposed private school use is
contained in the "ANALYSIS OF THE SPECIAL USE PERMIT REQUEST" section of this report,
beginning on page 4.
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 3
COMMUNITY MEETING:
The required Community Meeting was conducted by the applicants in the Canteen at The Miller School on
Wednesday, September 25, 2019. Commissioner Karen Firehock and the author of this report attended
this meeting. The proposal and application materials were presented by Mr. J. Michael Drude, Head of
School for The Miller School of Albemarle and Mr. Daniel C. Hyer, P.E., Engineer of Record with Line +
Grade Civil Engineering. Two members of the public attended the community meeting. Although the
applicant team, County representatives, and members of the public engaged in detailed conversation
about the school, the property, the proposal, and the application review process, no significant issues or
concerns were identified by members of the public during the community meeting.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 33.39.(B) states that the Commission, in making its recommendation, shall consider the
same factors considered by the Board of Supervisors as specified in Section 33.40.(B):
1. No substantial detriment. Whether the proposed special use will be a substantial detriment
to adjacent parcels.
The proposal will create no substantial detriment to adjacent parcels. The private school use is an
existing non -conforming use, and the location and scale of the proposed expansions (both physically
and operationally) are relatively minor compared to the existing private school use. Additionally, the
school campus and proposed improvements are located almost exclusively in "interior" portions of
the subject property and away from public roads, and therefore future development would not be
expected to negatively impact or otherwise be a substantial detriment to adjacent parcels.
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 proposal will not change the character of adjacent parcels or the nearby area. The private
school use is an existing non -conforming use, and the majority of the school campus and
improvements have already been constructed during The Miller School's previous fourteen decades
of operation. Additionally, the existing conservation easement limits potential future development to
areas or "envelopes" that are located almost exclusively in the "interior" of the subject property; this
helps to ensure that the majority of this very large property will be remain undeveloped and will
continue to contribute to the scenic rural character of this area as viewed from public roads,
adjacent parcels, and the nearby area.
3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent
of this chapter,
Per Z.O. Section 1.4 ("Purposes"), the purposes of the Zoning Ordinance ("this chapter") are "to
promote the public health, safety, convenience, and welfare and to accomplish the objectives of
Virginia Code §§ 15.2-2200 and 15.2-2283." Of the specific examples provided in Z.O. Section 1.4,
the following are applicable to this proposal:
H. "Provide for preserving ... lands of significance for the protection of the natural environment' —
As articulated throughout this report, the subject property is currently under conservation
easement, which limits future development and ensures the protection of the majority of the
subject property's natural environment.
Per Z.O. Section 1.5 ("Implementation of the Comprehensive Plan"), another purpose of the Zoning
Ordinance ("this chapter") is to "implement the policies, goals and objectives of the comprehensive
plan." As described in this report, certain aspects of this proposal (as shown on the Concept Plan
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 4
and as described in the Application) would support and advance elements of the Comprehensive
Plan. Please see page 6 of this report for a detailed staff evaluation of the proposal's consistency
with the Comprehensive Plan.
Per Z.O. Section 10.1 ("RA — Rural Areas / Intent, Where Permitted"), the "Intent" of the "RA — Rural
Areas district" is as follows: "This district (hereafter referred to as RA) is hereby created and may
hereafter be established by amendment of the zoning map for the following purposes:
Preservation of agricultural and forestal lands and activities;
Water supply protection;
Limited service delivery to the rural areas; and
Conservation of natural, scenic, and historic resources.
The proposal is harmonious with the intent of the Rural Areas zoning district. As articulated
throughout this report, the subject property is currently under conservation easement, which limits
future development and ensures the protection of the majority of the subject property's agricultural,
forestal, and natural lands and scenic resources. The hundreds of acres of forest and meadows
under conservation easement help to protect water quality within the Upper Mechums Water Supply
Watershed. Additionally, the infrastructure and utility requirements will continue to be provided
through the existing private water supply system and on -site private sewage treatment system.
with the uses permitted by right in the district,
The private school use is partially harmonious with the uses permitted by right in the RA Rural
Areas zoning district. The planned improvements and expansions for the private school use, as
shown in the application materials, represent a relatively small portion of The Miller School's overall
development. Most of the structures and improvements have previously been established; and
future development and expansion would be limited to locations within the "envelopes" identified in
the Application, which helps ensure that the remaining forests, meadows, and agricultural
landscapes will remain protected in an existing conservation easement.
with the regulations provided in Section 5 as applicable,
There are no applicable "Supplementary Regulations" for the proposed use, per Zoning Ordinance
Section 10.2.2.5.
and with the public health, safety, and general welfare.
The proposal is harmonious with public health, safety, and welfare. Staff has identified no notable
concerns related to on -site issues. The existing conservation easement guarantees perpetual
stewardship of environmental resources and wildlife habitat on the majority of the subject property,
and helps to ensure that public benefits will continue to be generated through the large property's
naturally -occurring ecosystem services (including carbon sequestration and water resource
protection). Additionally, the subject property includes running trails that are accessible to the
public, which further supports public health.
Separately, staff has identified no notable concerns related to off -site issues. Regarding
transportation issues, VDOT staff provided a review comment letter dated October 17, 2019 which
indicates that the proposed student enrollment increase from 195 students to 225 students (with a
minimum of 60% of enrolled students being residential students housed on -site) would represent
approximately 35 additional vehicle trips per day, which would be a 16% increase above the
existing number of vehicle trips. This increase would be expected to include 6 additional vehicle
trips during the AM peak hour and another 6 additional vehicle trips during the PM peak hour.
VDOT's review comments included the conclusion that "This impact will be distributed across
nearby roads and intersections proportional to existing traffic volumes."
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 5
4. Consistency with the Comprehensive Plan. Whether the proposed special use will be
consistent with the Comprehensive Plan.
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Consistency with the Future Land Use Plan:
The "Rural Areas" future land use designation recommends the preservation and protection of
agricultural, forestal, and open space lands and natural, historic, and scenic resources, as well as
residential uses at a density of 0.5 unit/acre in development lots.
This proposal is partially consistent with these recommendations, as follows: the subject property is
subject to an existing conservation easement which helps to ensure that the majority of the subject
property's natural and scenic resources will be protected in perpetuity; hundreds of acres in the
Samuel Miller Magisterial District will remain as open space with agricultural and forestal qualities
and uses; and future development will be limited to areas or "envelopes" that are located almost
exclusively in the "interior" of the subject property. Additionally, staff emphasizes the fact that this
proposal relates to the continuation and expansion of an historic non -conforming use in the Rural
Area, which is more consistent with applicable Future Land Use recommendations for the Rural
Area than if it were a proposal to establish a new private school use on an undeveloped site in the
Rural Area.
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 6
Other Comprehensive Plan Recommendations, Obiectives, and Strategies:
[Comprehensive Plan — Chapter 7 ("Rural Area')] — Staff finds that the proposal is consistent or
partially consistent with the following recommendations:
"Features Expected in the Rural Area" (Page 7.3):
2. Protected natural resources, which include mountains, hills, and valleys, healthy streams
and sustainable supplies of clean groundwater, and diverse, interconnected areas of
viable habitat for native wildlife
3. Protected historic structures, archaeological sites, and other cultural resources
4. Rural and historic landscapes that enhance the visitor's experience
"Criteria for Review of New Uses" (Page 7.5):
• be compatible with, and have a negligible impact, on natural, cultural, and historic resources
• not conflict with nearby agricultural and forestal uses
• be suitable for existing rural roads and result in little discernible difference in traffic patterns
• be able to operate without the need for public water and sewer
• be sustainable with available groundwater
"Objective 2: Protect and preserve natural resources, which include mountains, hills, valleys, rivers,
streams, groundwater, and retain continuous and unfragmented land for agriculture, forestry,
biodiversity, and natural resource protection." (Page 7.16)
"Strategy 2d: Continue to promote conservation easements to provide a financially attractive way
for landowners to protect family farms in Albemarle County and their unique open space resources,
to provide an opportunity for landowners to voluntarily sell a conservation easement to a public
agency to be held in trust for perpetuity, and to preserve important features of the Rural Area for
all." (Page 7.20)
"Objective 3: Protect the County's historic, archeological, and cultural resources." (Page 7.28)
"Objective 4: Promote rural and historic landscapes that enhance visitors' experience and give
historic sites as authentic a setting as possible.... Agriculture, historic and scenic preservation, and
the maintenance of rural character help to create authentic rural places." (Page 7.29)
[Comprehensive Plan — Chapter 5 ("Historic, Cultural, and Scenic Resources")] —
However, Margaret Maliszewski, Chief of Planning / Resource Management for the Community
Development Department, has identified the following concerns regarding historic resources:
"Old Main (Main Building), the Headmaster's House (Superintendent's House), and Caton
Hall (Mechanical Arts Building) are the three buildings specifically identified in the National
Register nomination. However, there appear to be additional buildings on site that
contribute to the architectural and historical significance of the property, including the
Haden Hart building, to which an addition is planned. Re-evaluating the site to identify
additional resources that are eligible for listing and that contribute to the architectural and
historical significance of the property should be done at this time, and the National
Register Nomination updated. The findings of this work can help guide future decisions on
use, additions and alterations. New buildings and additions and alterations to structures
that are listed in and/or potentially eligible for listing in the Registers should be consistent
with the organization and layout of the historic campus and its setting. Also, the design of
additions, alterations and renovations to structures that are listed in and/or potentially
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 7
eligible for listing in the Registers should be consistent with the Secretary of the Interior's
Standards. "
These recommendations for an updated National Register nomination and consistency with the
Secretary of the Interior's Standards would support and advance the following recommendations in
Chapter 5 ("Historic, Cultural, and Scenic Resources") of the Comprehensive Plan:
"Objective 1: Continue to identify and recognize the value of buildings, structures,
landscapes, sites, and districts that have historical, architectural, archaeological, or
cultural significance." (Page 5.7)
"Objective 2: Pursue additional protection measures and incentives to preserve
Albemarle's historic and archaeological resources in order to foster pride in the County
and maintain the County's character. ...a combination of strategies is necessary,
including... regulation." (Page 5.8)
SUMMARY:
The interdivisional review of this proposal has resulted in staff identifying the following favorable and
unfavorable factors (below).
Factors favorable to this request include:
1. (Zoning Compliance): The SP would bring an existing, non -conforming use into permitted
compliance with applicable Zoning Ordinance regulations.
2. (Continuation and Expansion Limited by Conservation Easement): The Concept Plan and
Application would limit future development associated with the private school use to four "envelope"
areas that are situated within an existing conservation easement held by the Land Trust of Virginia,
which ensures the perpetual stewardship of natural and scenic resources on the majority of the
large subject property.
3. (Consistency with Comprehensive Plan): The proposed continuation and limited expansion of
the historic private school use is consistent with multiple recommendations in the Rural Area
chapter of the Comprehensive Plan, as described in this report.
Factors unfavorable to this request include:
1. (Development in Rural Areas): New private school uses in the Rural Area are generally not
compatible with the intent of the Rural Areas zoning district or with the recommendations contained
in the Rural Area chapter of the Comprehensive Plan.
However, this request relates to the proposed continuation and limited expansion of an existing use
that has been in continuous operation for over 140 years.
2. (Transportation Impacts): An increase in student enrollment would generate additional vehicle
trips on Miller School Road, Dick Woods Road, and other roads in the Rural Area surrounding The
Miller School of Albemarle.
However, the additional vehicle trips associated with the proposed increase in student enrollment
are not anticipated to create any significant impacts to public road safety or level of service.
RECOMMENDED ACTION — SP201900008:
Based on the findings described in this report and factors identified as favorable, staff recommends
approval of the special use permit SP201900008 with the following conditions (below).
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 8
Recommended Conditions of Approval for SP201900008:
Development and use of the subject property for the private school special use shall be in general
accord with the conceptual plan titled "Concept Plan" (Sheet C1.1 / page 22 of the Application)
prepared by Line + Grade Civil Engineering and dated October 21, 2019 (hereafter "Concept
Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in general
accord with the Concept Plan, development and use of the subject property for the private school
special use shall generally reflect the following major elements within the development essential
to the design of the development, as shown on the Concept Plan:
a. location of buildings and structures, including but not limited to the proposed sequence
and arrangement of new structures (labeled as "U") and new courtyards (labeled as "M")
within the existing historic school campus
b. location of parking areas
c. location of roads and travelways
Minor modifications to the plan which do not conflict with these major elements may be made to
ensure compliance with the Zoning Ordinance.
2. Subject to review and approval by the Director of Community Development or his/her designee(s),
one or more additional permanent accessory structures not shown on the Concept Plan are
permissible, provided that they are determined to not be in conflict with conditions 1, 5, or 6, and
provided that each such accessory structure and associated land disturbance is located entirely
within the Campus Area Building Envelope, Farm Building Envelope #1, Farm Building Envelope
#2, or Dwelling Envelope as shown on the Application exhibits titled "Existing Conditions Plan"
(Sheet C1.0 / Page 20 of the Application) and "Building Location Map Per Conservation
Easement" (Sheet C1.4 / Page 27 of the Application).
However, this condition shall not prohibit or limit development or land disturbance for uses
permissible by right anywhere on the subject property.
3. Maximum student enrollment is 225 students.
4. A minimum of 60% of the total student enrollment in any academic year shall be residential
students, and a maximum of 40% of the total student enrollment in any academic year may be
commuting students.
5. The National Register of Historic Places nomination must be updated to address the entire
subject property. Virginia Board of Historic Resources and State Review Board approval of the
updated nomination must be received prior to the next building permit approval following the
Haden Hart addition.
6. All additions, alterations, or renovations to existing structures that are listed or eligible to be listed
on the National Register of Historic Places, and to the Haden Hart building, shall meet the
Secretary of the Interior's Standards as determined by the Virginia Department of Historic
Resources or the Director of Planning or his/her designee.
POSSIBLE PLANNING COMMISSION MOTIONS — SP201800011:
A. Should the Planning Commission choose to recommend approval of this special use permit:
I move to recommend approval of SP201900008 for "The Miller School of Albemarle" with the
conditions outlined in the staff report.
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
Page 9
B. Should the Planning Commission choose to recommend denial of this special use permit:
I move to recommend denial of SP201900008 for "The Miller School of Albemarle" for (state
reasons for denial).
ATTACHMENTS:
1 — Location MaDs
2 — Application for Special Use Permit ("Application") (dated 811912019; updated 1012112019)
3 — Concept Plan (Sheet C1.1 / page 22 of the Application)
SP201900008: The Miller School of Albemarle
Albemarle County Planning Commission: December 3, 2019
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