The URL can be used to link to this page

Home My WebLink AboutSP201800011 Application 2019-04-29i 413W'1N: APPLICATION FOR A SPECIAL EXCEPTION ® Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following ® 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. Project Name: Regents School Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. ❑ 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. Current Assigned Application Number (SDP, SP or ZMA) SP 2018-00011 Tax map and parcel(s): 75-66 and 76-17 Applicant / Contact Person Regents School of Charlottesville, Inc. c/o Coutney Palumbo Address 3045 Ivv Road City Charlottesville State VA Zip 22903 Daytime Phone# (434 ) 293-0633 Fax# ( ) Email cpalumbo@regents-school.org Owner of Record University of Virginia Foundation c/o Fred Missel Address 1 Boar's Head Pointe City Charlottesville State VA Zip 22904 Daytime Phone# (434 ) 243-2586 Fax# () Email fmissel@uvafoundation.com County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGES VERIFICATION OF THE SIGNATURE ON THE NEXT PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. One (1) copy of the applicable ownership information CHECK AS OWNERSHIP OF THE DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE PROPERTY IS A Limited liability company ("LLC") The articles of organization and when the power is delegated to someone other than a mans er or a member, also the operating agreement. Stock &Nonstock corporation Qfor a board of directors Stock - the articles of incorporation or a shareholders agreement may limit the board's statutory authority. Nonstock - the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority Qfor a person expressly written evidence of that authorization such as a board resolution or board authorized by the board of directors minutes for a committee an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority for a corporate officer the by-laws or the delegating resolution of the board of directors. Partnership The statement of partnership authority, which may limit the authority of one or more partners. Limited❑ The partnership agreement, or amendments thereto, which may limit the partnership authority of one or more general partners. (I) for trustees, an authorizing court order QIncorporated & Unincorporated (2) for the corporation holding title, the appropriate corporate documents church and other religious body (2) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesi- astical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property. Land trust The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Applications L 0l3w'lIII: APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. lit I P , i o. (A) end t or Signature of Owner/Ag : or o tract P haser7veliAA Print Name FOR OFFICE USE ONLY APPLICATION# Date 151- 570� Daytime phone number of Signatory Fee Amount $ Date Paid By who? Receipt # Ck# By WILLIAMS M U LLE N Direct Dial: 434.951.5709 vlong@williamsmullen.Com April 29, 2019 Tim Padalino Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Regents School — SP 2018-00011 Special Exception Request Dear Tim: In connection with our resubmittal of the above -referenced application today, please accept this as our written request for two special exceptions for the proposed private school: 1. Request to waive the outdoor lighting standards requiring the use of full cutoff luminaires for outdoor lighting at a proposed athletic facility, pursuant to County Code Section 18- 4.17.5; and 2. Request to modify (increase) the maximum permissible height for existing poles supporting outdoor luminaires at an athletic facility from 35 feet to 70 feet pursuant to County Code Section 18-4.17.5(a). As discussed in the SUP application materials, Regents School proposes to relocate its existing private school to the Reservoir Road property. Part of the proposal is for an athletic facility to serve the students and the school generally. Regents School desires to have lights on the field so that the school can conduct games and practices during nighttime hours, thereby expanding opportunities for its students to participate in organized active recreation. Because the proposed private school is still in the SUP stage, a site plan has not yet been prepared for the school, and the precise lighting fixtures have not yet been selected by the Applicant. However, based on preliminary discussions with its project architect, the School will most likely utilize the same Musco LED luminaires as have recently been installed at Crozet Park for Peachtree Baseball, and at Monticello High School. Regarding request (1) above, although the proposed Musco LED luminaires do not technically meet the County's standards for the use of full cutoff luminaires as required by Section 18- 4.17.4.a, they have previously been determined by County staff and the Board of Supervisors (in approving similar special requests for Peachtree Baseball and the UVA Foundation's Outdoor Tennis Facility at Boar's Head Resort) to be a reasonable alternative that would provide adequate lighting levels, reduce spillover, and limit light emitted above the horizontal plane. Regents School is willing for the approval of the Special Exception to be conditioned upon the school submitting a lighting plan at the site plan review stage that demonstrates that all footcandle levels around the site and along property boundaries would be in compliance with the spillover standards required by County Code 18-4.17.4.b.1, which allows for footcandle 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.coml A Professional Corporation April 29, 2019 Page 2 levels of up to 0.5 at a property boundary. This would also protect the adjacent Entrance Corridor of Interstate 64, which will be located over 100 feet away. Regarding request (2) above, to effectively light the proposed athletic fields, the lighting plan will likely require the positioning of the light fixtures at a height of 70 feet to light the fields. The maximum allowable height for lighting fixtures in the County Code is 35 feet, but the ordinance permits an increase in height for athletic field lights upon the approval of a special exception. Mounting the luminaires at a height of just 35 feet will not provide sufficient, safe, and uniform illumination of the athletic fields. The proposed request for taller poles will enable the School to provide sufficient, safe and uniform nighttime illumination of the field area without creating unacceptable impacts to adjoining properties or the adjacent Entrance Corridor. As with request (1) above, the School is agreeable to a condition of approval of the Special Exception that requires the school to submit and obtain ultimate approval of a lighting plan prior to site plan approval for any site plan that includes the light fixtures, that shows the precise locations and pole heights of the luminaires, and that otherwise demonstrates compliance with all other applicable provisions of Code Section 18-4.17. We contend that the alternative proposed by Regents School would satisfy the purposes of the outdoor lighting regulations to at least an equivalent degree as would strict enforcement of the regulations, by protecting dark skies, controlling the spillover of light onto adjacent properties and preventing glare from outdoor luminaires. Please do not hesitate to contact me should you require any further information in connection with this request. Sincerely, V"'U� k), �(� Valerie Long cc: Regents School Shimp Engineering 38977121_1.docx RECEIVED APR 2 9 2019 COMMUNITY DE` E:LOPlv}LNT