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Home My WebLink AboutSP201800011 Action Letter 2020-01-06COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 October 4, 2019 Valerie W. Long Williams Mullen 321 East Main St, Suite 400 Charlottesville VA 22902 RE: SP201800011 The Regents School — Reservoir Road Dear Ms. Long, On September 18, 2019 the Board of Supervisors took action your Special Use Permit on Tax Map Parcel Numbers 07500000006600 and 07600000001700 in the Samuel Miller District. The Special Use Permit was approved by the Board's adoption of the attached Resolutions and Conditions. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL USE PERMIT. • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions regarding the above -noted action, please contact Rebecca Ragsdale at 296-5832. Sincerely, Tim 4Pad, AICP Senior Planner Planning Division Cc. University of Virginia Foundation PO Box 400218 Charlottesville VA 22904 Regents School of Charlottesville 3045 Ivy Rd Charlottesville VA 22903 Resolutions & Conditions RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR SP 18-11 THE REGENTS SCHOOL OF CHARLOTTESVILLE—RESERVOIR ROAD WHEREAS, the Applicant filed a request in conjunction with SP 2018-11 for a special exception to modify the maximurn allowable height of the light poles as required in County Code § 18-13.3 to be increased froin 35 feet to 70 feet for a proposed lighted ball field at the proposed school. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared iri conjunction with the application and the attachments thereto, including staffs supporting analysis, and all of the factors relevant to the special exceptions in Albemarle County Code §§ 18417.5, 18-33.43, and 18-33.49, the Albemarle County Board of Supervisors .hereby approves the special exception as set forth above, subject to the conditions attached hereto. 1, 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 six to zero, as recorded below, at a meeting field on September 18, 2019. Cler t, Board of County Supe rs An Mr. Dill Y Mr. Gallaway Y Ms. Mallek Y Ms. McKee] Y — Ms, Palmer Y Mr. Randolph Y RESOLUTION TO APPROVE SP 2018-11 TIIE REGENTS SCHOOL OF CHARLOTTESVILLE — RESERVOIR ROAD WHEREAS, the Regents School of Charlottesville submitted an application for a special use permit to construct and operate a private school on Tax Parcels 07600-00-00-01700 and 07500-00-00-06600, located on Reservoir Road; with an initial maximum enrollment of280 students, and potential future maximum enrollment of 468 students, and the application is identified as SP20I800011 The Regents School of Charlottesville - Reservoir Road ("SP 2018-11"), and WHEREAS, on September 3, 2019, after a duly noticed public hearing, the Albemarle County Planning Commission recommended approval of SP 2018-11 with staff -recommended conditions, as well as minor technical revisions and clarifications to Condition. #2 (now Condition #3) regarding potential future increase(s) to student enrollment in excess of280 students up to a maximum of 468 students and/or a school start time later than 7,45 a.m.; and WHEREAS, on September 18, 2019, the Albemarle County Board of Supervisors held a duly noticed public hearing on SP 2018-11. NOW, THEREFORE, BE IT RESOLVED that, upon consideration. of the foregoing, the staff" report prepared for SP 2018-11 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 §§ 18-1.4, 18-1.5, 18-13.1, 18-13.2.2.5, 18-30 7.1, 18-33,39, and 18-33.40, the Albemarle County Board of Supervisors hereby approves SP 2018-1.1, subject to the conditions attached hereto. I, CIaudette 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 six to zero, as rccorded below, at a meeting held on September 18. 2019. Clerk, Board of County up� ors Mr, Dill Y _ Mr. Gallaway Y Ms. Mallek Y _ Ms. McKeel Y Ms, Palmer Y Mr. Randolph Y SDP 2018-11 The Regents School of Chariottesville — Reservoir Road Special Exception Conditions 1. The maximum permissible height of the poles supporting outdoor luminaries at The Regents School of Charlottesville's athletic field is 70 feet. 2. Outdoor lighting of The Regents School of Charlottesville's athletic field shall not continue past 10:00 p.m. SP-2018-11 The Regents School of Charlottesville — Reservoir Road Special Use Permit Conditions 1. Development of the subject property shall be in general accord with the concept plan entitled "Special Use Permit Concept Plan and Engineering Study for Regents School of Charlottesville" prepared by Justin Shintp, P.E. of Shimp Engineering, dated July 16, 2018 and revised August 23, 2019, which includes sheets C 1 — C6 (the "Concept Plan', attached hereto, as determined by the Director of Planning and Zoning Administrator. To be in general accord with the Concept Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Concept Plan- a. the location of the "School Facilities Area," "School Recreation Area," and other major school improvements within the 13.12-acre area designated "School Campus Site" on Sheet C3; b. the location of the "Lighted Ball Field" within the "School Recreation Area" on Sheet C3; c. the location and configuration of 5.99-acre area designated "Undeveloped Residue" on Sheet C3; d. the land use chart on Sheets C4 and C5 specifying "Prohibited Uses" and "Permitted Uses" for each different "Land Use" area; Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. Except as otherwise provided herein, initial student enrollment shall be limited to 280 students, and the start time of the school shall be no later than 7:45 A.M. 3. Notwithstanding Condition 2, student enrollment may exceed 280 students up to a maximum of 468 students and/or the start lithe may be shifted to a time later than 7:45 A.M. (together, "operational changes"), if at the time of any such proposed operational changes the applicant submits a formal request that includes a Traffic Impact Assessment (TIA) which demonstrates the following to the satisfaction of the Director of Community Development and his/her designees: a. The proposed operational changes would not result in any movements with a delay greater than 50 seconds; and b. The proposed operational changes would not result in any movements with a delay greater than 35 seconds, unless it will have a delay greater than 35 seconds in the future no -build, provided that if the future no -build shows a delay greater than 35 seconds the future build cannot increase by more than 10 seconds; and c. The proposed operational changes would not result in any movements increasing by more than 15 seconds between the future build and no build conditions; and d. Operations at the US 29 Bypass interchange at Fontaine Avenue Extended may not result in it being placed on the VDOT Top 100 Potential for Safety Improvement (PSI) locations for intersections or segments. For the purposes of this Condition: e. The Traffic Impact Assessment (TIA) dated October 12, 2018 and associated supplemental TIA's submitted with SP20180001 I may be used for baseline traffic data until August 2021. If any request for any such proposed operational change(s) is made any time after August 2021, a new TIA and traffic counts will be required to establish a new baseline. f. The scope of any such new TIA and traffic counts prepared in conjunction with a formal request for any such proposed operational cliange(s) must be determined in consultation with the Director of Community Development's designee(s), and must include the following intersections: the southbound exit ramp of US 29 Bypass at the Fontaine Avenue Extended interchange; the northbound exit ramp of US 29 Bypass at the Fontaine Avenue Extended interchange; and the intersection of Fontaine Avenue Extended and Reservoir Road. g. The identification of "future build conditions" and "fitture no -build conditions" in any such new TIA and traffic counts will be based on the following: i. "Future no -build conditions" will include the traffic generated by the private school use at a student enrollment of 280 and other nearby developments, as determined through the TIA scoping process; and ii. "Future build conditions" will only inc[tide the trailic generated by the proposed increase in nwnber of students over the number of vehicle trips associated with the private school use at a student enrollment of 280 and the traffic generated by any other operational changes; li. Proposed operational changes which do not conform with and adhere to the conditions listed above would require the submittal of an application for a special use permit amendment and approval by the Board of Supervisors. 4. The applicant must plan, fund, and complete the transportation improvements to Reservoir Road shown on the special use pennit application materials titled "Reservoir Road Survey for Regents School," prepared by Justin M. Shinip, P.E. of Shimp Engineering, dated July 1, 2019, prior to the issuance of a Certificate of Occupancy, The proposed improvements are subject to review and approval by VDOT, the County Engineer, and other applicable Site Review Committee members, and are subject to required County approvals of Road Plans, a Water Protection Ordinance Plan, and all other applicable permitting requirements. S. If the use, structure or activity authorized by this special use permit does not commence within a period of five years after the date of approval, the special use permit shall be deemed abandoned and the authority granted hereunder shall terminate. For the purposes of this condition, the term "commence" means starting the lawful physical construction of any structure shown on the Conceptual Plan referenced in Condition 1 above, and this Construction shall commence by September 18, 2024.