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44 Mr. Caravati complimented the developer and said it is a good, sensitive addition. Mr. Caravati made a motion to approve the resolution and Mr. Schilling seconded the motion. Mr. Caravati asked the development team to take a close look at the BAR recommendations as the design is developed. The resolution granting a special permit for #3 University Circle was approved by the following vote. Ayes: Dr. Brown, Mr. Caravati, Ms. Hamilton, Mr. Lynch, Mr. Schilling. Noes: None. WHEREAS, pursuant to the Code of the City of Charlottesville, sections {}34-156 et seq. (Special Use Permits) and {}34-350 et seq. (Residential Zoning Districts) Turner Enterprises, Ltd. ("Applicant") has requested a special use permit to allow for the use of property located at 3 University Circle ("Subject Property") as an educational facility; and WHEREAS, the subject parcel is zoned "R-1U" (University Low-Density Residential District), where, pursuant to {}34-420 of the City Code, educational facilities are allowed by Special Use Permit; and WHEREAS, a joint public hearing on this application was held before the City Council and Planning Commission on June 8, 2004, following notice to the public and to adjacent property owners as required by law; and WHEREAS, on June 8, 2004, based on the information presented by Neighborhood Development Services staff as well as by the Applicant, the Planning Commission recommended that the application be approved as submitted, subject to a number of conditions and with certain exceptions and modifications of zoning regulations as authorized by {}34-162 of the City Code; and WHEREAS, on July 6, 2004, this Council referred the applicant's request to the City's Board of Architectural Review (BAR) for identification of any potential adverse impacts of the proposed use on the surrounding National Register [historic] District, and for any recommendations the BAR might suggest to Council as to how Council might mitigate any such impacts; and WHEREAS, on July 20, 2004 the BAR reviewed the application and did not find that the proposed use would have any significant adverse impact on the surrounding National Register District; and WHEREAS, this City Council finds and determines that granting the Special Use Permit would be consistent with City Code {}34-420 and the criteria generally applicable to special use permits under Chapter 34 of the City Code; now, therefore, BE IT RESOLVED by the Charlottesville City Council that a special use permit is hereby granted to allow the Subject Property to be used for educational facilities, subject to the following conditions that Council hereby deems reasonable and designed to protect against adverse impacts on the surrounding neighborhood and community: 1. To mitigate adverse impacts on on-street parking in the adjacent neighborhood, all persons who work in or visit this educational facility shall park only in designated on-site parking spaces. 2. The applicant shall make reasonable efforts to preserve the specimen beech tree located in the front of the property, and shall submit a preservation plan for approval by the Director of Neighborhood Development Services prior to commencing use of the property. 3. Use and development of the Subject Property for the approved use shall at all times be in accordance with provisions of the City's zoning ordinance (including the requirement of approval of a final site plan for the Subject Property) and other applicable City ordinances, as well as state and federal laws and regulations.