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0 RESOLUTION APPROVING AN AMENDMENT TO THE SPECIAL USE PERMIT (SP -04-5-11) GRANTED AUGUST 16, 2004 TO TURNER ENTERPRISES, LTD. ALLOWING USE OF THE PROPERTY AT #3 UNIVERSITY CIRLCE (WATSON MANOR) FOR EDUCATIONAL FACILITIES. WHEREAS, the Planning Commission has recommended an amendment to the special use permit granted by City Council on August 16, 2004, a copy of which is attached hereto, with respect to property identified on City Tax Map 5 as Parcel 39 (3 University Avenue), consisting of approximately 0.55 acres ("Subject Property"), to impose additional conditions for development of the Subject Property; and WHEREAS, the Subject Property is zoned "R -IU" (University Low -Density Residential District), where, pursuant to §34-420 of the City Code, educational facilities are allowed by Special Use Permit, and Turner Enterprises Ltd. (the "Developer") began construction activity to renovate Watson Manor (the "Project"); and WHEREAS, City Council granted the special use permit in 2004 subject to certain conditions, including a requirement to make reasonable efforts to preserve a specimen beech tree located on the Subject Property; and • WHEREAS, the Zoning Administrator issued a Stop Work Order on August 23, 2006, based on a determination that the Developer violated the terms of the special use permit and the accompanying site plan by removing the beech tree during construction, and the Board of Zoning Appeals upheld the Zoning Administrator's determination; and WHEREAS, a joint public hearing before the City Council and Planning Commission was held on November 14, 2006, following notice to the public and to adjacent property owners as required by law, to discuss and review the conditions of the special use permit for the Project; and WHEREAS, on November 14, 2006, based on the information presented by Neighborhood Development Services staff as well as by the Developer, the Planning Commission recommended that the special use permit be amended to impose additional conditions for development of the Project; and WHEREAS, this City Council finds and determines that amending 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 the special use permit granted on August 16, 2004 to Turner Enterprises, Ltd., is hereby amended to add the following conditions, which shall be added to the conditions placed on the original special use permit: A European Beech Tree, approximately eight inches (8") in caliper, shall be planted on the Subject Property as a replacement for the specimen beech tree removed during construction. 2. As an amendment to the approved site plan the applicant will submit a revised landscaping plan • for consideration by the Planning Commission at its regular meeting in December, and such plan,