HomeMy WebLinkAboutSP201800004 Application Special Use Permit 2018-05-21Application for
Special Use Permit
IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2
have been submitted and the application signature is verified (see Page 3). Also, please see the list on page 4 for the
appropriate fee(s) related to your application.
PROJECT NAME: (how should we refer to this application?) The Peabody School Amendment
PROPOSAL/REQUEST: Increase enrollment by 30 students, to 240 & replace existing trailers with new educational space
ZONING ORDINANCE SECTION(S): Planned Unit Development ("Commercial' on Application Plan)
EXISTING COMP PLAN LAND USE/DENSITY: Industrial
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
1232 Stoney Ridge Road
TAX MAP PARCEL(s): 076M1-00-00-01500
ZONING DISTRICT: Planned Unit Development (PUD)
# OF ACRES TO BE COVERED BY SPECIAL USE PERMIT if a portion, it must be delineated on a plat):
Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP- 201200030
® YES ❑ NO
Are you submitting a preliminary site plan with this application?
❑ YES 9 NO
Contact Person (Who should we call/write concerning this project?): Valerie W. Long, Williams Mullen
Address 321 East Main Street, Suite 400 City Charlottesville state Virginia Zip 22902
Daytime Phone (_) 951-5709 Fax # ( ) E-mail vlong@williamsmullen.com
Owner of Record The Peabody School c/o Rob Orlando
Address 1232 Stoney Ridge Road City Charlottesville State Virginia Zip 22902
Daytime Phone (_) 296-6901 Fax # E-mail rob.orlando@peabodyschool.org
Applicant (Who is the Contact person representing?): same as Owner
Address
Daytime Phone (__)
Fax # �)
City
E-mail
State Zip
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers:
No.
FOR OFFICE USE ONLY SP # SIGN #
Fee Amount $ Date Paid By who? Receipt # Ck#
ZONING ORDINANCE SECTION
Concurrent review of Site Development Plan? YES_ NO
By:
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Special Use Permit Application Revised 4/23/2018 Page 1 of 4
REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE
OFFICIALLY SUBMITTED & DEEMED COMPLETE
❑ Application Signature Pate
❑ One (1) completed & signed copy of the Checklist for a Special Use Permit.
❑ One (1) copy of the Pre -application Comment Form received from county staff
❑ One (1) copy of any special studies or documentation as specified in the Pre -application Comment Form
❑ Seventeen (17) folded copies of a Conceptual Plan.
❑ Seventeen (17) copies of a written narrative
The narrative must be laid out to identify each of the bulleted TITLES as follows:
PROJECT PROPOSAL
The project proposal, including
■ its public need or benefit;
• how the special use will not be a substantial detriment to adjacent lots,
■ how the character of the zoning district will not be changed by the proposed special use, and
■ how the special use will be in harmony with the following;
o the purpose and intent of the Zoning Ordinance,
o the uses permitted by right in the zoning district,
o the regulations provided in Section 5 of the Zoning Ordinance as applicable, and
o the public health, safety and general welfare.
(be as descriptive as possible, including details such as but not limited to the number of persons involved in
the use, operating hours, and any unique features of the use)
• CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the master
plan for the applicable development area;
• IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure.
• IMPACTS ON ENVIRONMENTAL FEATURES
The proposed project's impacts on environmental features.
❑ One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s)
composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed
project, both of which shall include a metes and bounds description of the boundaries.
❑ Taxes, charEes, fees, liens owed to the County of Albemarle
As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility
fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle
and have been properly assessed against the subject property, have been paid.
PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF
LINKED HERE
Special Use Permit Application Revised 4/23/2018 Page 2 of 4
APPLICATION SIGNATURE PAGE
VERIFICATION OF THE SIGNATURE ON THIS 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 below 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 (l) copy of the applicable ownership information.
CHECK AS
OWNERSHIP OF THE PROPERTY IS A
DOCUMENT TO BE PROVIDED FOR THIS APPLICATION
APPLICABLE
❑
Limited liability company ("LLC")
The articles of organization and when the power is delegated to someone
other than a manager or a member, also the operating agreement.
Stock &Nonstock corporation
(1) for a board of directors
(1)
a. Stock - the articles of incorporation or a shareholders
agreement may limit the board's statutory authority.
b. 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
(2) for a person expressly authorized
(2) written evidence of that authorization such as a board resolution or
by the board of directors
board minutes
(3) for a committee
(3) 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
(4) for a corporate officer
(4) 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 partnership
The partnership agreement, or amendments thereto, which may limit the
authority of one or more general partners.
❑
Incorporated & Unincorporated church and
(1) for trustees, an authorizing court order
other religious body
(2) for the corporation holding title, the appropriate corporate documents
(3) for a bishop, minister or ecclesiastical officer, the laws, rules or
ecclesiastical 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 Appiications
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.
1
Sign ture of Owner/Ag t o ntract PurAasW Date
951-5702
Print Name Daytime phone number of Signatory
Special Use Permit Application Revised 4/23/2018 Page 3 of 4
Required FEES to be paid once the application is deemed complete:
An email will be sent to the application contact once the submittal is deemed complete.
What type of Special Use Permit are you applying for?
❑
New Special Use Permit
$2,150
$1.08 for each additional notice + actual
cost of first-class postage
❑
Additional lots under section 10.5.2.1
$1,075
❑
Public utilities
$1,075
❑
Day care center
$1,075
❑
Home Occupation Class B
$1,075
❑
To amend existing special use permit
$1,075
❑
To extend existing special use permit
$1,075
❑
Farmer's markets without an existing commercial entrance approved by the VDOT or without existing and adequate parking
$527
❑
Farmer's markets with an existing commercial entrance approved by the VDOT and with existing and adequate parking
$118
❑
Signs under section 4.15.5 and 4.15.5A filed for review by the Board of Zoning Appeals under the Variance Schedule)
$538
❑
ALL SPECIAL USE PERMITS - FIRE RESCUE REVIEW FEE
$50
To be Daid after staff review for Dublic notice:
Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing
a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees
for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications
reviewed by the Board of Zoning Appeals, however, only require one public hearing and therefore require just one fee for
public notice.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before
the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner
notification to be between $400 and $450 per hearing. This estimate reflects the average cost of public notice fees for
Special Use Permit applications, but the cost of certain applications may be higher.
➢ Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(averages between $150 and $250)
➢ Special Exception —provide written justification with application - $457
Other FEES that may apply:
➢
Deferral of scheduled public hearing atapplicant's request
$194
Resubmittal fees for original Special Use Permit fee of $2,150
➢
First resubmission
TFREE
➢
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,075
Resubmittal fees for original Special Use Permit fee of $1,075
➢
First resubmission
FREE
➢
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$538
The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance.
Special Use Permit Application Revised 4/23/2018 Page 4 of 4
SPECIAL USE PERMIT CHECKLIST for
Peabody School / TMP 76M1-15
0
Project Name/ Tax Map Parcel Number
A-„!•
U
After the mandatory pre -application meeting, county staff will mark this checklist appropriately so
f'IRGIIS1P
that it is clear to the applicant the information from Section 33.4 (c) that must be submitted with
RF
the official application
Name or initials of
staff filling out form
Required for
Provided with
application?
(County Staff)
application
(Applicant)
/�
SECTION 33.4(c)
X
X
YES
NO
a❑
�.
A narrative of the project proposal, including its public need or benefit;
A narrative of the proposed project's consistency with the comprehensive plan,
including the land use and the master for the applicable development
plan plan area;
❑X
F1
D
A narrative of the proposed project's impacts on public facilities and public
infrastructure.
❑
12
A narrative of the proposed project's impacts on environmental features.
❑
❑
A narrative of the proffers proposed to address impacts from the proposed project.
7
One or more maps showing the proposed project's regional context and existing natural
and manmade
physical conditions;
❑X
❑
El
A conceptual plan showing, as applicable:
❑
F-11)
the street network, including circulation within the project and connections to
existing and proposed or planned streets within and outside of the project;
❑
❑X
F-1
2) typical cross-sections to show proportions, scale and streetscape/cross-
sections/circulation;
❑X
❑
3) the general location of pedestrian and bicycle facilities;
7
❑
4) building envelopes;
❑X
❑
®
5) parking envelopes;
❑
❑
6) public spaces and amenities;
❑
�jj'
7) areas to be designated as conservation and/or preservation areas;
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2
Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit.
Read and Sign
I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on
this checklist as required for application.
VV `
Signature of person comp) ti this check) t
voe"- w, Lo
Print Name
5-2- -I0
Date
151-- 570`1
Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2
❑
8) conceptual stormwater detention facility locations;
❑
U
9) conceptual grading;
L�LJ
Other special studies or documentation, if applicable, and any other information
identified as necessary by the county on the pre -application comment form.
Parking study. Traffic analysis. Circulation plan
Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit.
Read and Sign
I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on
this checklist as required for application.
VV `
Signature of person comp) ti this check) t
voe"- w, Lo
Print Name
5-2- -I0
Date
151-- 570`1
Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2
I LEGEND, sCALF: 1 800 t y c d a
§
I LIMITS OF SPACE BUFFER
LIMITS OF OPEN AL Ew_
\ PROPERTY BOUNDARY e /, >I
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0 PROPOSED CLASSROOM ADDITION
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° 318 3 FI 33y' f� �. ' ® e JY WING(APPROX. 3,200 ah 5H W ADDITION ME PROPOSED APPLICATOR
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1 AMPHITHEATER I. - Y e ,- 01 B A]/ ROMENONGSSMORK21.700):
Y ' E SING \ FLAYLP J �" /} '- C ZZ ADEREENT TO A PUBLIC STRUE:]O SETBACK, PRETHRUM AiP0.0YED
/ lT 6W1) -30s ` 1 ! PUYNEIDMG \ W]DIFIGl10NTOANINIMUN OF 10 SETBACK. EXISTING IO'PARK) XG SETBACK
i Ep6MG . 0D FROM STONEY RIDGE READ
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` D.B. 1662 P sz PGT 1 I� ZONE: PUD ZMA 95-19)FROP05fA I _
( CWSSRION
♦ ' TIE E09 SCHOOL EXPANSION I I Off^ / $VRVEY. NRVF AND BOUNDARY P0.OYIEO BY ONCOIN NRVEYING.
O.B. 1549OOP z5B - _
JJ x 1 D.B. IN2 238 PGi ® O / / \\ ACCESS'
♦ ` • y y' v) K„ ME SITE CURRENTLY AS AN EXISTING ACCESS ENTRANCE MOM STONEY
1 J\ $ PCSASN SCK 5i i/ L. +' I II > / \ > - RIDGE READ M/.T GRAS A5 BOM INGRESS AND EGRESS TO ME SITE,
+ VO ]13 3 & 1 _ A, SB' / N ADDITIONAL EGRESS ACCESS ONLY TO SOUTHERN PARKWAY IS PROPOSED
/ FOXCROFT SUBDINS M' Oa vol P ]RE11, N GT r. I! /T,. '� BO anD / C(n )° / WENT MIS APMIG3NN%AN,
OPEN SPACE il V Ltii £ Y I� yl \ / OPEN SPACE:
A I 1.92 AMES OF ME S.WACRE PARCEL BE CURRENTLY DEEDED OPEN SPACE
D. W]J3 I. DEK 1CO 1.,\ // IN DFD BOOK 1342, ME. IRS A 239; AND DEED BOOK IN, MR. 722, ME
1 ( 1 EXIST INgG \ DEEDED OHM SPACE ON ME MARCfUS UTRENRY]B%x OF ME
1 STORY BRICK ND FRAME \ // pAPCEL'$TOTAL ARM.
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I I" 9 NULT pI DOY PEABODY SCHOOL O / PARKING:MEREARECURRENTLr62 EXISTING PARRHAOSPACESONTxFPARCEL
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I WITH AODmONAL LOADING SPACES USED MR DROP-0FF/PICKLP AND
AOOPW SPECIAL P/ENTS. IN ADDITION, ME PEABODY SCHOOL DOES PACE
PARKING AGREEMENTS WITH OTHER EDUCATIONAL FACILITIES FOR SCHOOL
I 3 j kFOw x -.e 5351952 W "' EVEN]$ AND OTMEN SPECIAL EVENES.
l+ 1WM1lF 1 }V1:1 f `t; j 89]] TIE TOTAL PARKING FOR ME PEABODY SCHOOL IS AS FOLLOWED:
I.. PROWOSEO MENTI NO STUDENTS (1170 FAMILIES
i _ PRO f0 CXfRSRigrt: 42 FULL INE65P TIME STAFF EMPLOYES
- j I.,�. %/ % _ IF --3' "]Y Q GUSiPARKING: I SPACE PER l55M0EN15=l6 PARKING SPACE
® _L 4v STAR PARKING. ISPACE PER PARKINSTAFF MEMBER . P46 ARCEBINGSPM6
SPECIAL NENIS:OFFSNE PARKING (ADl>CEM PA0.CEL56 BVSINESSfS
EXISTING 10' UNDISTURBED BUFFER I 1 'I �_ `t. S' W TOTAL PARKING REQUIRED: 62 SIMMERS
1
D. B. 4481 P, 568 1 1 1 `R. \`. [ TC P I \ Yn / TOTAL PARKINGPROVIOED: 625PACM
n 3Bp]4D ji A )• I ' `' 4 ^� Q 20 \ q (d I. TRAPPIC ENRATOIMIEV RDY515
,v PER DAPI:
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1
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INI xc ' --'PROPOSED EGRESS A W5103 ME ADDITIONAL IMEMPOUTS WHEN CT RAINWATER ffREG ME CLASSROOM EXPANSION AGO
_ > Fnf uPHAPueuv ONLY ACCESS LOCATION OTHER IMPROVEMENTS WILL BE OFFSET NEW ME EITHER WE CONSTRUCTION
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5.21.2018 PEABODY SCHOOL APPLICATION PLAN FOR SPECIAL USE PERMIT -�
R mTiu.9Bn1aL EAxua WS.MN SHEET I Of l
Special Exceptions Written Narrative
The Peabody School — Amendment to Existing Plan
INTRODUCTION
May 21, 2018
The Peabody School (the "School") is the owner of 1232 Stoney Ridge Road, Tax Map Parcel 076M1-
00-00-01500 (the "Property"). The School has been operating a private school on the Property since
shortly after the County approved a special use permit for a private school in January, 1997 (SP 1996-
46). The conditions of approval of SP 1996-46 limited the School's enrollment to 140 students, which
was thought to be ambitious at the time. 140 students contemplated one class of each grade from
Kindergarten through Eighth grade. The school grew more than expected, and with the addition of two
preschool classes, requested amendment of the original special use permit to allow 70 additional
students, for a total of 210 children. On May 8, 2013, the Board of Supervisors approved Special Use
Permit SP2012-00030 (the "2013 SUP") to expand maximum enrollment to 210 students.
Description of the Property:
TMP
Acreage
Existing Use
Zoning
Comprehensive Plan Designation
076M1-00-
00-01500
5.09
Private
School
Planned Unit
Development
Industrial
The School currently enrolls the maximum 210 students, from 150 families. To accommodate a modest
expansion, with these special exception requests, the School also requests an amendment of the 2013
SUP to allow an increase in enrollment of 30 students, to a total of 240, and to allow the construction of
additional educational and recreational space. Currently, the School operates partially out of temporary
trailers, located in the area shown as "Existing Classroom To Be Removed" on the Illustrative
Renderings enclosed with the special use permit amendment application, and encompassing
approximately 4,700 square feet. The School proposes to replace the existing trailers with a permanent
one story building that would include several classrooms, a fine arts studio, science lab/maker space,
and a library/media center, totaling approximately 7,195 square feet. In addition to the replacement of
the existing trailers, the School proposes adding a small stage or amphitheater area adjacent to the
proposed new building and on the existing field area. The existing field area is labeled as "Existing
Playfield Area" on the special use permit amendment Concept Plan and the amphitheater is labeled as
"Proposed Amphitheater" on the Concept Plan. The amphitheater is intended to serve the School's
enrolled students and will not provide space for any additional special events outside of the School's
customary annual school -related events. The new additions will mirror the architecture and design of
the gym that was recently approved with the 2013 SUP and constructed soon thereafter.
NEW SPORTS COURT
In addition to the above proposed modifications to the School, it is also proposing a new sports court in
the interest of providing a complete campus experience for its students. Given the constraints of the
limited space of the Property, the proposed location of the sports court modestly encroaches upon the
area designated as "open space" on previous subdivision plats and applicable zoning application plans
(ZMA 1995-00019 and ZMA 1996-00021). The original subdivision plat was recorded in the early 1990s
and is enclosed with this application. Also enclosed are the 1993 and 2013 subdivision plat
amendments.
Pursuant to Section 8.5.5.3 of the Albemarle County Zoning code, the School requests a variation from
the subdivision plats and zoning application plans referenced above. Section 8.5.5.3(a)(6) states: "The
director of planning is authorized to grant a variation from the following provisions of an approved plan
code or standard:... (6) minor land disturbance including disturbance within conservation areas."
The minor encroachment of the sports court into the open space area does not have any adverse
impacts on the Property or surrounding community. In addition, the School will mitigate any potential
impact of the loss of open space by providing additional landscaping around the court as well as using
permeable surface materials on the court. While the addition of the sports court will result in the
disturbance of 2,178 square feet or 0.05 acres of managed slopes, the disturbance will be carried out
consistent with the design standards for disturbing managed slopes contained in Section 30.7.5 of the
Albemarle County Zoning Code.
The factors listed below are those listed in Section 8.5.5.3(c) for when the director of planning is
authorized to grant a variation:
Consistency with the Comprehensive Plan
As stated in the Written Narrative of the special use permit amendment application, the Property is
designated Industrial on current land use maps in the Comprehensive Plan. While private schools are
not typically encouraged in such areas, the School has been operating since the late 1990s and has
been approved several times (SP 1996-46 and the 2013 SUP). The sports court will allow the School to
provide an enhanced experience to its students without adversely impacting the area and is therefore in
keeping with the existing conditions and prior approvals.
No Increase in Approved Development Density or Intensity of Development
No increase in density in being requested. The intensity of the private school use will not increase with
the construction of the sports court. The court is intended to serve only the students enrolled in the
School.
No Adverse Impact on Timing and Phasing of Development or any other Development in the Zoning
District
The applicable Planned Unit District (PUD) that the School is part of includes an area commonly known
as the Mill Creek Industrial Park, which has been complete for some time and therefore the addition of
the sports court will have no impact on the timing and phasing of development in this district.
Does Not Require a Special Use Permit
The sports court is an accessory use of the School and therefore no additional special use permit is
required.
General Accord with the Purpose and Intent of the Approved Application
As stated earlier, the School began operations in the late 1990s and has been approved several times
for modest amendments. The Mill Creek Industrial Park includes industrial uses such as Builders
FirstSource, FedEx Shipping Center, Moore's Electrical & Mechanical, as well as institutional and
commercial/service uses such as Bright Beginnings Preschool across the street and All Things
Pawssible, a dog daycare facility, further north along Stoney Ridge Road. The School is consistent with
these adjacent uses, in satisfaction of the purpose and intent of the approved application. The sports
court will only modestly encroach upon the open space area, which is 1.92 acres total, encompassing
38% of the Property. Therefore, a substantial amount of open space would still be reserved and the
2
School will mitigate any loss of open space through the use of permeable surface materials on the court
and the addition of landscaping.
NEW ACCESS FROM SOUTHERN PARKWAY
The School also proposes adding an exit -only access point from its internal driveway to Southern
Parkway. Currently, the internal driveway is designed where parents enter the site from Stoney Ridge
Road and then circulate through one of the two internal circular loops and then exit at the same location
as the entrance. By adding an exit -only accessway onto Southern Parkway, some vehicles would not
have to double back to the entrance. This would enable traffic to flow out of the site more efficiently and
avoid congestion on Stoney Ridge Road. The additional access would also provide improved access for
emergency response vehicles.
The addition of the Southern Parkway exit would conflict with the 60 -foot buffer established by the
original subdivision plat and zoning application plan applicable to the Property. The buffer was reduced
to 10 feet by the 2013 SUP and enclosed 2013 subdivision plat amendment. We believe the minor
disturbance of the buffer for this egress is appropriate and warranted given the benefits such access
would provide to the traffic flow of the School. Therefore, the School also requests a special exception
from the 10 -foot buffer for the installation of the exit -only accessway onto Southern Parkway.
Pursuant to Section 8.5.5.3 of the Albemarle County Zoning code, the School requests a variation from
the subdivision plats and zoning application plans referenced above. Section 8.5.5.3(a)(6) states: "The
director of planning is authorized to grant a variation from the following provisions of an approved plan,
code or standard:... (5) minor changes to street design and street location... (6) minor land disturbance
including disturbance within conservation areas."
The factors listed below are those listed in Section 8.5.5.3(c) for when the director of planning is
authorized to grant a variation:
Consistency with the Comprehensive Plan
As stated earlier, the Property is designated Industrial on current land use maps in the Comprehensive
Plan. While private schools are not typically encouraged in such areas, the School has been operating
since the late 1990s and has been approved several times (SP 1996-46 and the 2013 SUP). The
proposed egress only access onto Southern Parkway will allow the School to further mitigate any
potential traffic impacts, benefiting the surrounding community and reducing the risk of congestion.
No Increase in Approved Development Density or Intensity of Development
No increase in density in being requested. The intensity of the private school use will not increase with
the encroachment of the 10 -foot buffer and construction of the egress only access onto Southern
Parkway.
No Adverse Impact on Timing and Phasing of Development or any other Development in the Zoning
District
As stated earlier, the applicable PUD created the Mill Creek Industrial Park, which has been complete
for some time and therefore the addition of the proposed access will have no impact on the timing and
phasing of development in this district.
Does Not Require a Special Use Permit
The proposed access does not require a special use permit.
General Accord with the Purpose and Intent of the Approved Application
As stated earlier, the School is consistent with adjacent uses, in satisfaction of the purpose and intent of
the approved application. The proposed access onto Southern Parkway will only modestly encroach
upon the 10 -foot buffer. The modest encroachment into the buffer is worth the benefit of increased
efficiency of traffic flow, which would reduce the risk of congestion.
Enclosed:
Subdivision Plat entitled "Subdivision Plat Parcels 1 Thru 14, Mill Creek Industrial Park, Mill Creek,
Albemarle County, Virginia, dated November 17, 1989, last revised May 30, 1990, prepared by R. W.
Ray, R. O. Snow & Associates, Inc., and recorded in the Albemarle County Circuit Court Clerk's Office in
Deed Book 1102 at page 722.
Sheets 5 and 7 of Subdivision Plat entitled "Revised Parcel 5, Mill Creek Industrial Park, dated February
19, 1993, last revised September 8, 1993, and recorded in the Albemarle County Circuit Court Clerk's
Office in Deed Book 1342, at page 242.
Easement Plat Showing Existing 60' Undisturbed Buffer Hereby Reduced to 10' Buffer Located on
Revised Parcel 5, mill Creek Industrial Park, Mill Creek, Scottsville Magisterial District, Albemarle
County, Virginia," dated November 5, 2012, last revised March 7, 2013, prepared by Roger W. Ray 7
Associates, Inc., and recorded in the Albemarle County Circuit Court Clerk's Office in Deed Book 4481,
at page 568.
36232699_1.docx
11
ACTION IN WRITING
IN LIEU OF A MEETING
OF THE BOARD OF TRUSTEES
OF
THE PEABODY SCHOOL
Pursuant to Section 13.1-865 of the Code of Virginia, as amended, and Article VI of the
Bylaws of The Peabody School, a Virginia nonstock corporation (the "School"), the undersigned,
being all of the members of the board of trustees of the School (the `Board"), do hereby
unanimously consent to act in writing in lieu of a meeting of the Board d, for that purpose,
hereby adopt the following resolutions effective as of the � day of , 2018:
WHEREAS, the School regularly engages in real estate conveyances and land
use projects (the "Projects"); and
WHEREAS, in connection with the Projects, it is necessary for the School to
execute and deliver certain documents, including but not limited to contracts,
applications and other documents, such as plats and easements (collectively,
the "Real Estate Documents"); and
WHEREAS, the Board has found it to be in the best interests of the School to
authorize persons holding certain offices to execute, deliver and perform the
Real Estate Documents in furtherance of the Projects as more particularly set
forth below, now, therefore, be it
RESOLVED, that the undersigned trustees hereby authorize and direct each of
Rob Orlando, Head of School, or his successor (the "Head of School"), Tobias
A. Dengel, Chairman of the Board, or his successor (the "Chairman"), Rachel
Lloyd Miller, Secretary of the Board, or her successor (the "Secretary") and
Brett Jones, Treasurer of the Board, or his successor (the "Treasurer" and,
together with the Head of School, the Chairman and the Secretary, the
"Authorized Parties"), and each of them individually, to prepare, execute,
deliver and file any and all Real Estate Documents and to take all such other
actions as the Authorized Parties deem necessary or advisable to accomplish
that purpose; and further
RESOLVED, that any prior actions taken by the Authorized Parties, or any
of them, in connection with Real Estate Documents and the other matters
contained herein are hereby authorized, ratified, confirmed and approved in
all respects; and further
RESOLVED, that this Action in Writing may be executed by facsimile or
electronically scanned signatures, which shall have the same binding effect
as an original manual signature.
[Signature page follows]
Witness the following signatures, effective as of the date first written above:
TRUSTEES:
Tobias A. Dengel, Chair an
a
Rac 1 Ll d Miller, Secretary
rs Crayto
Molly H ie
anter McCardie
Bobby Parmar
36174139_1
Brett Jones, Treasurer
Karen Beauford, Executive Committee
Gre nlc
Charles Lunsford
*Kellrlmer
[Signature page to Action in Writing of The Peabody School]
CERTIFICATION REGARDING THE PEABODY SCHOOL
I, Tobias A. Dengel, Chairman of the Board of Trustees (the "Board") of the Peabody
School (the "School"), hereby certify that the School is a non -stock Virginia corporation and that
the Board has authorized Rob Orlando, Head of School, or his successor (the "Head of School'),
Tobias A. Dengel, Chairman of the Board, or his successor (the "Chairman"), Rachel Lloyd
Miller, Secretary of the Board, or her successor (the "Secretary") and Brett Jones, Treasurer of
the Board, or his successor (the "Treasurer"), and any or all of them, to act on behalf of the
School and to convey real estate on behalf of the School and sign any related contracts,
applications and documents, such as plats and easements, on behalf of the School. I further
certify that the Board has authorized, ratified, confirmed and approved in all respects any prior
actions taken by the Head of School, the Chairman, the Secretary or the Treasurer on behalf of
the School in connection with the foregoing. Attached to this Certification is a copy of the
Bylaws for the School.
,&o ,, A,�2,1
Tobias A. Den 1, Chai note Board
COMMONWEALTH OF VIRGINIA
CITY/COUNTY of CinO,rbkk2-,;*,) i lkt , to wit:
The foregoing instrument was acknowledged before me this K day of �Vk ,
2018, by Tobias A. Dengel.
KAMMM CUM
NOTARY PUBLIC
REG. #7622531
COM ONWEALTH OF VIRGINW
W COMMISSION EXPIRES NOV 30 2018
36198861_1
Am&—
Notary Public WoAwAo, Clo►rk
My Commission expires: Nog 30, 2.01%
Registration g —16225$%
May 1,k, 2018
Albemarle County Department of Community Development
401 McIntire Road
Room 227
Charlottesville, VA 22902-4596
Re: AUTHORIZATION TO SUBMIT LAND USE APPLICATIONS
The Peabody School, a Virginia non -stock corporation, is the owner of Albemarle County
tax map parcel number 076M1-00-00-01500, and Rob Orlando, as Head of School, hereby
authorize Valerie W. Long, the law firm of Williams Mullen, and its members and employees
thereof, to submit land use applications on the corporation's behalf in connection with a
proposed expansion of the Peabody School. Such land use applications may include site plan
applications, special use permit applications, applications for a Variation from Approved Plans,
Codes and Standards of Development, subdivision plat amendments, and similar applications
relating to the proposed expansion of the Peabody School.
Sincerely,
The Peabody School, a Virginia non -stock corporation
By;
Rob Orlando, Head of School
361629421
SPECIAL USE PERMIT
Special Use Permit Written Narrative
The Peabody School — Amendment to Existing Plan
PROJECT PROPOSAL
May 21, 2018
The Peabody School (the "School") is the owner of 1232 Stoney Ridge Road, Tax Map Parcel 076M1-
00-00-01500 (the "Property"). The School has been operating a private school on the Property since
shortly after the County approved a special use permit for a private school in January, 1997 (SP 1996-
46). The conditions of approval of SP 1996-46 limited the School's enrollment to 140 students, which
was thought to be ambitious at the time. 140 students contemplated one class of each grade from
Kindergarten through Eighth grade. The School grew more than expected, and with the addition of two
preschool classes, it requested an amendment of the original special use permit to allow 70 additional
students, for a total of 210 children. On May 8, 2013, the Board of Supervisors approved Special Use
Permit SP201200030 (the "2013 SUP") to expand maximum enrollment to 210 students.
Description of the Property:
TMP
Acreage
Existing Use
Zoning
Comprehensive Plan Designation
076M1-00-
00-01500
5.09
Private
School
Planned Unit
Development
Industrial
The School currently enrolls the maximum 210 students, from 150 families. To accommodate a modest
expansion, the School requests an amendment of the 2013 SUP to allow an increase in enrollment of 30
students, to a total of 240. Currently, the School operates partially out of temporary trailers, located in
the area shown as "Existing Classroom To Be Removed" on the enclosed Illustrative Renderings, and
encompassing approximately 4,700 square feet. The School proposes to replace the existing trailers
with a permanent one story building that would include several classrooms, a fine arts studio, science
lab, and a library/media center, totaling approximately 7,195 square feet. Please see the enclosed
Illustrative Renderings prepared by Bartzen & Ball for more details. In addition to the replacement of the
existing trailers, the School proposes adding a small stage or amphitheater area adjacent to the
proposed new building on the existing field area. The existing field area is labeled as "Existing Playfield
Area" on the Concept Plan and the amphitheater is labeled as "Proposed Amphitheater" on the Concept
Plan. The amphitheater is intended to serve the School's enrolled students and will not provide space
for any additional special events outside of the School's customary annual school -related events. The
new additions will mirror the architecture and design of the gym that was recently approved with the
2013 SUP and constructed soon thereafter.
In addition to the above proposed modifications to the School, it is also proposing a new addition of a
sports court in the interest of providing a complete campus experience for its students. Given the
constraints of the limited space of the Property, the proposed location of the sports court modestly
encroaches upon the area designated as "open space" on previous subdivision plats and applicable
zoning application plans (ZMA 1995-00019 and ZMA 1996-00021). The original subdivision plat was
recorded in the early 1990s and is enclosed with this application. Also enclosed are the 1993 and 2013
subdivision plat amendments.
With this special use permit amendment, the School also requests a special exception to locate the
sports court in the reserved open space area. The minor encroachment of the sports court into the open
space area does not have any adverse impacts on the Property or surrounding community. In addition,
the School will mitigate any potential impact of the loss of open space by providing additional
SPECIAL USE PERMIT
landscaping around the court as well as using permeable surface materials on the court. Please see the
enclosed Special Exception Application Form and Written Narrative for further information.
Given the above proposed modifications to the School, we engaged Bill Wuensch of EPR PC to prepare
a parking and circulation study, which is enclosed with this application. Traffic from the School is heavily
concentrated in the pickup and drop off times of 8:OOam to 8:30am and 2:55pm to 3:35pm, respectively.
The pickup times are staggered: 2:55pm to 3:20pm for Pre -K through Fifth Grade, and 3:20pm to 3:35
for Sixth through Eighth Grade. According to the enclosed traffic report, it is projected that the increased
enrollment will result in approximately 22 additional cars into the site and 20 additional cars out of the
site in the morning peak hours, and 14 additional cars into the site and 15 additional cars out of the site
in the afternoon peak hours. The Traffic Report concludes that "with the increase in the school
enrollment it appears that the site will still provide adequate parking and traffic will circulate into and out
of the site without adversely impacting the adjacent roadway" (page 7 of the Traffic Report).
While we believe this additional traffic will have a minimal impact, if any, the School proposes a minor
modification to the site in order to further minimize the potential impact and improve the site's traffic flow.
The School proposes adding an exit -only access point from its internal driveway to Southern Parkway.
Currently, the internal driveway is designed where parents enter the site from Stoney Ridge Road and
then circulate through one of the two internal circular loops and then exit at the same location as the
entrance. By adding an exit -only accessway onto Southern Parkway, some vehicles would not have to
double back to the entrance. This would enable traffic to flow out of the site more efficiently and avoid
congestion on Stoney Ridge Road. The additional access would also provide improved access for
emergency response vehicles.
The addition of the Southern Parkway exit would conflict with the buffer along Southern Parkway
established by the original subdivision plat and zoning application plan applicable to the Property. The
original 60 -foot buffer was reduced to 10 feet by the 2013 SUP and enclosed 2013 subdivision plat
amendment. We believe the minor disturbance of the buffer for this egress is appropriate and warranted
given the benefits such access would provide to the traffic flow of the School. Therefore, with this
special use permit amendment, the School also requests a special exception from the 10 -foot buffer for
the installation of the exit -only accessway onto Southern Parkway. Please see the enclosed Special
Exception Application Form and Written Narrative for further information.
On certain occasions, the School will host school -related special events such as talent shows and
graduation. During these special events, the School may have a parking shortage. The School has
approximately 7 special events each year. For 3 of these events, the Property can accommodate
parking for the estimated 80-100 attendees. To accommodate higher traffic volumes during the 4 larger
special events per year, the School has an arrangement with the Tandem School, located less than a
mile away, where attendees of the School's event will park in the Tandem School parking lot and then
take a shuttle to the School.
Public Need or Benefit
The private school will provide the public school systems in the area relief from the stress of additional
students. The request to increase the School's enrollment will only increase the benefit of further relief.
In addition, as stated earlier, the School began operations in the late 1990s and has been approved
several times subsequent to its initial approval for minor modifications and therefore the determination of
the public need or benefit of the School has been established. By allowing an increase in the School's
enrollment and the addition of several complementary educational and recreational spaces, the School
will be able to provide its students an enhanced educational experience.
No Substantial Detriment to Adjacent Lots
2
SPECIAL USE PERMIT
The School will have minimal, if any, adverse impact on adjacent lots. The Traffic Report has
determined that with the increased enrollment of the School, it will continue not to "adversely impact the
adjacent roadway" (page 7 of the Traffic Report). While the sports court will encroach upon the reserved
open space on the Property, the encroachment will be modest. The open space area is 1.92 acres total,
encompassing 38% of the Property. Therefore, a substantial amount of open space would still be
reserved and the School will mitigate any loss of open space through the use of permeable surface
materials on the court and the addition of landscaping.
No Change in Character of the Zoning District
As stated earlier, the School began operations in the late 1990s and has been approved several times
for modest amendments. The Mill Creek Industrial Park includes industrial uses such as Builders
FirstSource, FedEx Shipping Center, Moore's Electrical & Mechanical, as well as institutional and
commercial service uses such as Bright Beginnings Preschool across the street and All Things
Pawssible, a dog daycare facility, further north along Stoney Ridge Road. The School is consistent with
these adjacent uses and therefore does not change the character of the district.
Harmony with the following
Purpose and intent of the Zoning Ordinance
Pursuant to Section 1.4 of the Albemarle County Zoning Code, its purpose is to promote the
public health, safety, convenience and welfare, including: (B) reduce or prevent congestion in the
public streets; and (C) facilitate creating a convenient, attract, and harmonious community. As
stated earlier, the Traffic Report concluded that the increased enrollment will not result in any
adverse impact on Southern Parkway or Stoney Ridge Road. Moreover, the request for access
onto Southern Parkway may further increase the efficiency of traffic flow and therefore reduce
congestion. The requested modifications to the School will enhance the educational experience
for its students. The improved educational experience of the School and increase in enrollment
will aid in further reducing the stress on the public school system, which is in the public interest
and helps to promote a "convenient, attractive and harmonious community."
Uses Permitted By -Right
The prior zoning application plans allowed for residential, commercial/service and industrial
areas. A private school is consistent with these uses and compliments the pre-school across the
street and dog daycare facility further north along Stoney Ridge Road. In addition, the School
provides a buffer from the more industrial uses north of the Property (Builders FirstSource,
FedEx Shipping Center, Moore's Electrical & Mechanical) and the residential communities to the
south and west.
Regulations of Section 5 of the Zoning Ordinance
There are no supplementary regulations related to private schools.
Public Health, Safety and General Welfare
As stated earlier, the School provides a public benefit to the community by lessening the burden
on the public school system. In addition, the Traffic Report has concluded that there will be no
adverse impact on the adjacent roadways from the increased enrollment and the proposed
SPECIAL USE PERMIT
Southern Parkway access may further enhance the efficiency of traffic flow thereby reducing
congestion.
CONSISTENCY WITH COMPREHENSIVE PLAN
The primary Land Use designation of the Comprehensive Plan for the School is Industrial. While private
schools are not typically encouraged in such areas, the School has been operating since the late 1990s
and has been approved several times (SP 1996-46 and the 2013 SUP). In addition, the School's minor
land use designation is Neighborhood Density Residential, which encourages private schools as
secondary uses within such districts. When analyzing the School in the context of the Mill Creek
Industrial Park, the School is consistent with the primary industrial designation and minor Neighborhood
Density Residential designation. The park includes industrial uses such as Builders FirstSource, FedEx
Shipping Center, Moore's Electrical & Mechanical, as well as secondary uses Bright Beginnings
Preschool and All Things Pawssible. As stated earlier, the Peabody School is consistent with these
adjacent uses, in satisfaction of the primary and secondary land use designations of the area.
The School's design is also in keeping with the principles of Neighborhood Model. The School and
existing additions have been designed at a "human scale," with all buildings either one or two stories.
The proposed addition would be in keeping with this scale, adding only 2,495 square feet. The site's
internal sidewalks provide for safe and easy access to and from the School buildings and the parking lot
area. The internal driveway network was designed to maximize efficiency of traffic flow for drop off and
pickup. The site has sufficient landscape elements, screening the parking area and School buildings
from residential neighborhoods located across Southern Parkway and to the west of the Property. In
addition, the site has reserved open space comprising 1.9 acres or 38% of the parcel.
While the Property only has one use, a private school, when analyzing the School in the context of the
Mill Creek Industrial Park and surrounding region, the principle of mixed use is satisfied. As stated
earlier, the park has a mixture of industrial, institutional and commercial/service uses. In addition,
several residential neighborhoods are in the immediate vicinity of the School. The School provides a
buffer between such residential neighborhoods and the more industrial users of the park.
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project has minimal, if any, negative impact on public facilities and public infrastructure.
As stated earlier, the modest expansion of the School will result in a minimal increase in vehicular trips
and the Traffic Report confirms "the site will still provide adequate parking and traffic will circulate into
and out of the site without adversely impacting the adjacent roadway" (page 7 of the Traffic Report).
While we believe the impact to be minimal, the School has proposed adding an exit -only access point
from its internal driveways to Southern Parkway in order to ensure such minimal impact, and improve
the overall site design and traffic flow.
IMPACTS ON ENVIRONMENTAL FEATURES
The proposed project has no negative impacts on environmental features other than the minor
encroachment into the open space area for the addition of a sports court and a modest disturbance of
managed slopes. Please see the enclosed Special Exceptions Written Narrative for further information.
The encroachment of the sports court is minimal, especially given the School's proposal to use
permeable surface materials for the court and the addition of landscaping surrounding the court. With
the proposed additions cited in this application, the School will disturb 2,178 square feet or 0.05 acres of
11
SPECIAL USE PERMIT
managed slopes. The disturbance will be carried out consistent with the design standards for disturbing
managed slopes contained in Section 30.7.5 of the Albemarle County Zoning Code.
In sum, we believe the proposed increase in enrollment and educational/recreational space will enhance
the educational experience of the School, an important public asset, with minimal adverse impacts on
the surrounding area.
Enclosed:
Conceptual Special Use Application Plan for the Peabody School, dated May 21, 2018, prepared by
Collins Engineering, P.C.
Illustrative Renderings prepared by Bartzen & Ball, titled "Peabody School — North Wing Addition," dated
April 30, 2018.
Onsite Traffic and Circulation Analysis Memorandum prepared by Bill Wuensch of EPC, PC dated May
14, 2018.
Special Exception Application Form to encroach upon the designated buffer for the construction of an
accessway onto Southern Parkway.
Special Exception Application Form to encroach upon the designated open space area for the
construction of a sports court.
Special Exceptions Written Narrative.
Subdivision Plat entitled "Subdivision Plat Parcels 1 Thru 14, Mill Creek Industrial Park, Mill Creek,
Albemarle County, Virginia, dated November 17, 1989, last revised May 30, 1990, prepared by R. W.
Ray, R. O. Snow & Associates, Inc., and recorded in the Albemarle County Circuit Court Clerk's Office in
Deed Book 1102 at page 722.
Sheets 5 and 7 of Subdivision Plat entitled "Revised Parcel 5, Mill Creek Industrial Park, dated February
19, 1993, last revised September 8, 1993, and recorded in the Albemarle County Circuit Court Clerk's
Office in Deed Book 1342, at page 242.
Easement Plat Showing Existing 60' Undisturbed Buffer Hereby Reduced to 10' Buffer Located on
Revised Parcel 5, mill Creek Industrial Park, Mill Creek, Scottsville Magisterial District, Albemarle
County, Virginia," dated November 5, 2012, last revised March 7, 2013, prepared by Roger W. Ray 7
Associates, Inc., and recorded in the Albemarle County Circuit Court Clerk's Office in Deed Book 4481,
at page 568.
36232049_l.docx
BK I599PG0?_S8 VI�Cvl1?
THIS DEED made this 5th day of March, 1997 by and between
HUNTER E. CRAIG, TRUSTEE OF THE MILL CREEK INDUSTRIAL LAND TRUST
under agreement dated January 1, 1987, hereinafter the "Grantor",
and THE PEABODY SCHOOL, a Virginia non -stock corporation,
hereinafter the "Grantee", which has an address of: .21/51 4,.--
A 6404? Od* i ii4 Wmfr/;
W I T N E S S E T H:
That for and in consideration of the sum of TWO HUNDRED
SEVENTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($277,500.00) cash in hand paid, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and
CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantee all that
certain lot or parcel of land located in Albemarle County,
Virginia, containing 5.09 acres, more or less, and shown and
described as Revised Parcel 5 on "Plat Showing Revised Parcels 1,
2, 3, 4, 5, 7, 8 & 30 And Revisions to Across Basements Mill
Creek Industrial Park, Mill Creek, Scottsville District,
Albemarle County, Virginia" dated February 19, 1993, last revised
September s, 1993, made by Roger W. Ray & Assoc., Inc. (the
"Revision Plat") of record in the Clerk's Office of the Circuit
Court of the aforesaid county in Deed Zook 1342, beginning at
page 238; BEING a portion of the property conveyed to George
Harrison Gilliam, Trustee of the Mill Creek Industrial Land Trust
by deeds dated January 20, 1987 and October 3, 1989 from George
Harrison Gilliam, Trustee for the Reynovia Land Trust under
agreement dated March 15, 1985, which deeds are of record in the
aforesaid Clerk's Office in Deed Book 937, page 199 and Deed Book
(This documanl prepared by Peil, Pel it & Williams, PLCI
,.. �4. , :int ,A' '-;- 1[Tq>",,.
ff 1599PG0259
1070, page 410, respectively. Thereafter, Hunter E. Craig was
substituted as Trustee of the Mill Creek Industrial Land Trust by
Appointment of Successor Trustee dated February 22, 1993 of
record in the aforesaid Clerk's office in Deed Book 1293, page
72.
By acceptance, recordation and execution of this deed, the
Grantee further covenants and agrees that all utility lines
serving Revised Parcel 5 will be installed underground, except
those which are required to be aboveground in order to operate.
t
The Grantor reserves an alienable 10 foot wide utility and
drainage easement along all boundary lines of the aforesaid lot.
This conveyance is also made subject to the open space, drainage,
detention pond, sewer and water line easements set forth on the
aforesaid Revision Plat of record in Deed Book 1342, at page 238.
i
Grantor further reserves the right of architectural review
and prior written approval (herein "Architectural Approval") of
any exterior improvements, alterations, repairs, roofs,
landscaping, fencing and changes in grade to which the Grantee
covenants and agrees as evidenced by its acceptance, recordation 6
and execution of this deed. Grantor's right to Architectural
Approval of all exterior improvements, alterations or repairs
includes, but is not limited to:
(a) exterior building design, size, height, location,
finish, trim and color;
(b) brick and mortar color (provided that "General shale-SJS
FIR Tudor with buff colored mortar" is hereby pre -approved);
(c) roof calor and materials;
2
ex 1599PGO260
(d) antennas or satellite dishes;
.(e) fencing and screening, including location, design,
materials and colors
(f) location, construction, and design of entrances and
parking areas;
(g) changes in grade and landscaping.
Grantee agrees to submit plans and/or samples to the Grantor
for approval in writing prior to commencing work for which
Architectural Approval an defined above is required. Grantor
shall act to approve, partially approve, partially disapprove, or
disapprove of the plans within 30 days after he has received them
from the Grantee. If the Grantor takes no action to approve or
disapprove of the Grantee's submitted plans and/or samples within
30 days of Grantor's receipt of same, they shall be deemed to
have been approved. The Grantor may appoint a person or persons
to exercise the Architectural Approval powers reserved to the
Grantor herein by instrument of appointment signed and
acknowledged by the Grantor recorded in the Clerk's office for
the Circuit Court of Albemarle County.
This conveyance is further made expressly subject to the
notes shown on the aforesaid Revision plat of record in Deed Book
1342, page 238; to the Maintenance Declaration dated Tune 20,
1990 of record in the aforesaid Clerk's Office in Deed Book 1105,
page 587; and to all easements, reservations, restrictions and
conditions contained in duly recorded deeds, plats or other
instruments constituting constructive notice in the chain of
title to the above property which have not expired by a time
3
0
BK ! 599PG0261
limitation contained therein or otherwise have become
ineffective.
At the rear of Revised Parcel 5 at its corner with Parcel 6
(Carolina Builders) is presently located a silt basin (the "Silt
Basin") which the parties anticipate may require upgrading in the
future to an enhanced stormwater detention basin (a "Facility"),
Within 30 days of Settlement, Grantor shall request that the
Albemarle County Soil Erosion officer make a written assessment
of the Silt Basin to determine what, if any, maintenance on the
Silt Basin is then required. Within 30 days of receipt of such
assessment or 60 days of Settlement, whichever is longer, Grantor
shall, at its sole expense, undertake all such specified repairs
or maintenance. After Grantor's completion of the specified
repairs or maintenance, Grantee shall take over bonding
requirements for the Silt Basin. Maintenance thereof shall be
shared by all owners in Mill Creek Industrial Park in accordance
with'the Maintenance Declaration (Deed Book 1105, page 587)
referenced in all deeds.
Grantee agrees to assume 5o$ of the responsibility of and �.
cost to Grantor of the design, constrUbtion, and bonding of any
future Facility (Grantor and Grantee acknowledge that the dirt
needed to construct said Facility shall come from Revised Parcel
5 at no additional cost to Grantor) required by the County of
Albemarle or other governmental agency or department to replace
the Silt Basin in whole or in part, provided such Facility is
constructed on or partly on the Property, regardless of the
properties that it may serve. Maintenance thereof shall be
4
BK 1599PG0262
shared by all owners in Mill Creek Industrial Park in accordance
with the maintenance Declaration (Deed Book 1105, page 587)
referenced in all deeds.
Grantor reaerves an easement across the Property to the
areas within which the Silt Basin is located and the Facility is
to be located to construct, operate, maintain, inspect, replace,
repair or remove conduits, pipes, ditches, rip -rap, swales or
other suitable facilities for storm and surface water drainage,
together with the right of ingress and egress to each such
easement or facility for the above purposes.
All agreements of the Grantee set forth herein also run with
the land and are binding upon any successors in title to the
above property.
WITNESS the following signatures and seals;
„xr (SEAL)
hinter EF
. Cra��9,712stee of the
{
Mill Creek Industrial Land Trust
ula January 1, 1987
THE PEABODY SCHOOL
By
Harriet D. Kaplan, Pres, ent
STATE OF VIRGINIA to -wit:
.63' /COUNTY OF 10(►76M*.e1e_ F
-The foregoing instrument was acknowledged before me this
14`— day of MA , 1997 by Hunter E. Craig as Trustee of
the mill Creen Industr a Land Trust.
My commission expires: _ q'i3o100____.__._.__..,
Notary bll� J�_
5
r ✓. 1. ,.,i!r' h's.'x Ft, :�. __..e._ ,�,
BK f 599PG0263
STATE OF VIRGINIA
CITY/COUNTY OF CW>,! (d2SS.1 S to -wit:
a The foregoing. Instrument was acknowledged before me this
!7 ^� day of M , 1997 by Harriet D. Kaplan as
PrPr-dent of The Peabody School.
My commissidn expires: U' �-LL .r 3 l I-DOO
Notary Publ c
8
VIRGINIA: IN TIIE CLERK'S OFFICE OF THE CIRCUTT COURT OF ALBEMARLE'
CERTIFICATE ANNEXED, IS ADMITTED
J TIIIS DEED WAS PRESENTED,AND WITH CERTIFICATE
J/ TO RECORD ON I YIGUI G 19 19 / , AT O! O'CLOCK 04 M.
STATE TAX
$_q,li_,{ (039)
LOCAL TAX
i l3i ' 7,5 _..(213)
TRANSFER FEE
f 1r(7� t112)
I.T,T.F.
_(195)
VSLF
CLERK'S FEE
S 1,00
PLAT
SECT.58.1-802;
STATE TAX
t
i 7 1038) SI � IIY J. MARSHALL,CLERx
LOCAL TAX
li1';
LOCAL TAX
5.__ _ (22J)
DEPIffY CI."K
TOTAL
: r'
,,� I - ,,,, rx::u,.c jgjw.*. r. �..w,...
THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE CONSENT AND
IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER. PROPRIETORS,
AND TRUSTEES. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO
BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT
ARE TRUE AND CORRECT TO BEST OF MY KNOWLEDGE.
FOR: THE PEABODY SCHOOL
STATECOF1v,
NTOF Ailxma9.le
THE FORME THIS
INS; RUMENT WAS ACKNOW EDGED
BEFORE ME THIS gg DAY OF 1j�_
2013. BY `Le!?v_c "cob &
FOR: THE PEABODY SCHOOL
NOTARY PUBLIC 30�aofl�oCClrt �� ��11eoi �c
MY COMMISSION EXPIRES : Ool'3oy 2A1S
APPROVED FOR RECORDATION
�
C�
,
AGENT FOR THE WARD F SUPERVISORS DAT
I-64
FOXVALE STONEY
LANE RIDGE RD
SITE
GRISTMILL t~
DRIVE SOUTHERN Q�
PARKWAY
o=
a
r
MILL CREEK
DRIVE
VICINITY MAP
SCALE: 1" - 2000'+/ -
BRIAN S. YYAY
Lia No. 002281
3--7-73
NOTES:
1. OWNER (S) 6 ADDRESS:
THE PEABODY SCHOOL
1232 STONEY RIDGE ROAD
CHARLOTTESVILLE,VIRGINIA 22902
2. NO FIELD WORK WAS DONE IN PREPARATION OF THIS PLAT.
ALL BOUNDARY DATA SHOWN HEREON WAS TAKEN FROM A
PLAT BY ROGER W.RAY 6 ASSOC.,INC.,LAST DATED REVISED
9-8-93 RECORDED IN D.B.1342-23B AND WAS NOT RESURVEYED
THIS DATE.
3. REVISED PARCEL 5 IS SUBJECT TO THE FOLLOWING:
A. EASEMENT TO CENTRAL TELEPHONE COMPANY OF VA
(D.B.1351-659)
B. EASMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY
(0.8.1332-534 & D.B.3329-66).
C. EASEMENT TO ALBEMARLECOUNTY SERVICE AUTHORITY
FOR 20 SEWER LINE(D.B.1474-262).
D. EASEMENT TO ALBEMARLE COUNTY SERVICE AUTHORITY
FOR WATERLINE(D.B.3373-221).
E. STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE
AGREEMENT(D.B.3094-740).
F. 10'UTILITY & DRAINAGE EASEMENT RESERVED ALONG ALL
LOT LINES. ALSO INCLUDES UNDERGROUND EASEMENTS FOR
VA POWER(O.B.1102-724 PLAT)
G. 30'ORAINAGE EASEMENT OVER ALL STREAMS AND DRAINAGE
COURSES(D.B.1102-724).
THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT
THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING
HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT
THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE
COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE
NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE
LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED
TO IMPOSE THEM AS SUCH. ANY REFERENCE TO FUTURE
DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL.
A. PROPERTY ZONED PUD (AIRPORT IMPACT AREA)
ZMA-1995-00019 & ZMA-1996-00021.
B. ACCORDING TO THE COUNTY OF ALBEMARLE GIS
WEBSITE.THIS PROPERTY DOES NOT LIE WITHIN
A WATER SUPPLY WATERSHED.
C. ACCORDING TO THE COUNTY OF ALBEMARLE GIS
WEBSITE.THIS PROPERTY DOES NOT LIE WITHIN
AN AGRICULTURAL -FORESTAL DISTRICT.
EASEMENT PLAT
SHOWING EXISTING 60'UNDISTURBED BUFFER
HEREBY REDUCED TO 10'BUFFER
LOCATED ON REVISED PARCEL 5
MILL CREEK INDUSTRIAL PARK
MILL CREEK
SCOTTSVILLE MAGISTERIAL DISTRICT
ALBEMARLE COUNTY,VIRGINIA
SCALE: i" = 100' DATE: NOVEMBER 5,2012
REVISED: MARCH 7, 2013
FOR
THE PEABODY SCHOOL
ROGER W.RAY & ASSOC.,INC.
1717 -SB ALLIED STREET
CHARLOTTESVILLE.VIRGINIA 22903
TELEPHONE: (434) 293-3195
SHEET 1 OF 2 11191C
1 Cl 17 43'08"
/ } C2 28'15'00" <
v
-C3--90 00-00"
a T.M.76M1-((3))-A 1
cu aNf } C4 14-46'147 7
p • / Bey � }
p�cP 1
S.
0
z
s
\\'o T.M.76M1-16
a [5 OPEN SPACE \ \
(D.B.1102-726 PLAT) \\ \
T. M. 76M1- ((2)) -A
\o
.
4� a p(grJ �\ � � S67 416' "E
Z 253.3.46'
�y Ad EXISTING \
20'ORAINAGE ESMT.
(0.8.1102-726 PLAT) 9"
o T.M.76M1-15
_ cy Aqr REVISED PARCEL 5
1 /09 o - 0.8.1342-238 59HRU5B47 PLAT Q�O�
op
so rsrra ��srr �2' pp0��c i
\ ��`R�OBGcvFByOrs S35'32'35'W
q.
T . M . 76M 1-14
0
\ � � rsseClC 9FM4r� C3 �.
\ EXISTING SCALE: 1" = 100'
WATERLINE EASEMENT
\ (D.B.3373-221, 225 PLAT)
GRAPHIC SCALE 1"=100' \
0 100 200 300
GL
DATE: NOVEMBER 5, 2012 �}
REVISED: MARCH 7, 2013
ROGER W.RAY 6 ASSOC INC.
1717 -SB ALLIED STREET
CHARLOTTESVILLE,VIRGINIA 22903
TELEPHONE: (434) 293-3195