Return-Path: mkrause@acps.k12.va.us Received: from ml1.acps.k12.va.us (LHLO ml1.acps.k12.va.us) (10.5.0.123) by ml1.acps.k12.va.us with LMTP; Mon, 6 Jun 2011 10:18:17 -0400 (EDT) Received: from localhost (localhost.localdomain [127.0.0.1]) by ml1.acps.k12.va.us (Postfix) with ESMTP id 4503C3C8169; Mon, 6 Jun 2011 10:18:17 -0400 (EDT) X-Virus-Scanned: amavisd-new at acps.k12.va.us X-Spam-Flag: NO X-Spam-Score: -2.909 X-Spam-Level: X-Spam-Status: No, score=-2.909 tagged_above=-10 required=6.6 tests=[ALL_TRUSTED=-1, BAYES_00=-1.9, HTML_MESSAGE=0.001, T_RP_MATCHES_RCVD=-0.01] autolearn=ham Received: from ml1.acps.k12.va.us ([127.0.0.1]) by localhost (ml1.acps.k12.va.us [127.0.0.1]) (amavisd-new, port 10024) with ESMTP id PsHoh-Ll+zsn; Mon, 6 Jun 2011 10:18:13 -0400 (EDT) Received: from ml1.acps.k12.va.us (ml1.acps.k12.va.us [10.5.0.123]) by ml1.acps.k12.va.us (Postfix) with ESMTP id 73AA63C8148; Mon, 6 Jun 2011 10:18:13 -0400 (EDT) Date: Mon, 6 Jun 2011 10:18:13 -0400 (EDT) From: Mark Krause To: Margaret Byess Cc: "C, Dave" Message-ID: <362143736.741717.1307369893290.JavaMail.root@ml1.acps.k12.va.us> In-Reply-To: <991323111.732837.1307362710831.JavaMail.root@ml1.acps.k12.va.us> Subject: Re: Planning & Zoning letter to SHA re SUP for Hammond Middle School MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_Part_741716_1590797498.1307369893288" X-Originating-IP: [10.50.2.85] X-Mailer: Zimbra 6.0.7_GA_2473.RHEL5_64 (ZimbraWebClient - IE8 (Win)/6.0.7_GA_2473.RHEL5_64) ------=_Part_741716_1590797498.1307369893288 Content-Type: text/plain; charset=utf-8 Content-Transfer-Encoding: quoted-printable I am attending and speaking for ACPS.=C2=A0=C2=A0=20 I have asked Dave to cover the Saturday June 25th City Council meeting (par= t 2 of this process), since I was hoping to be leaving town that day. Wheth= er the Planning Commission approves or disapproves this request on Tuesday,= City Council makes the final decision on Sat June 25th.=20 Mark Krause=20 Director, Educational Facilities=20 Phone: 703-461-4168=20 Fax: 703-370-7704=20 Mark Krause=20 Director, Educational Facilities=20 Phone: 703-461-4168=20 Fax: 703-370-7704=20 From: "Margaret Byess" =20 To: "Mark Krause" =20 Sent: Monday, June 6, 2011 8:18:30 AM=20 Subject: Fwd: Planning & Zoning letter to SHA re SUP for Hammond Middle Sch= ool=20 Mark, who will be attending tomorrow's P&Z meeting?=C2=A0 I know you were p= lanning on attending.=C2=A0 Anyone else from your shop?=20 Margaret=20 =C2=A0=20 Margaret Barkley Byess=20 Deputy Superintendent, Planning and Support Operations=20 Alexandria City Public Schools=20 =C2=A0=20 The school is the last expenditure upon which America should be willing to = economize .=C2=A0 ~Franklin D. Roosevelt=20 =C2=A0=20 =C2=A0=20 From: "Morton Sherman" =20 To: "Margaret Byess" =20 Sent: Monday, June 6, 2011 8:17:15 AM=20 Subject: Re: Planning & Zoning letter to SHA re SUP for Hammond Middle Scho= ol=20 This is about nimby ... that's all the emotion they need. =C2=A0I hear that= this will pass.=20 Who from our team will be there?=20 Margaret Byess wrote:=20 But the level and emotionality of the response, the tone, and the spin on t= he facts is above and beyond what?is appropriate for civil discourse.? Whic= h makes me think there are other motivators -- perhaps not conscious ones.= =20 Your prediction on what the Planning Commission will do tomorrow?=20 Margaret=20 ?=20 Margaret Barkley Byess=20 Deputy Superintendent, Planning and Support Operations=20 Alexandria City Public Schools=20 ?=20 The school is the last expenditure upon which America should be willing to = economize .? ~Franklin D. Roosevelt=20 ?=20 ?=20 Margaret=20 ?=20 Margaret Barkley Byess=20 Deputy Superintendent, Planning and Support Operations=20 Alexandria City Public Schools=20 ?=20 The school is the last expenditure upon which America should be willing to = economize .? ~Franklin D. Roosevelt=20 ?=20 ?=20 From: "Morton Sherman" =20 To: "Margaret Byess" =20 Sent: Monday, June 6, 2011 8:10:51 AM=20 Subject: Re: Planning & Zoning letter to SHA re SUP for Hammond Middle Scho= ol=20 Lights...bad=20 Margaret Byess wrote:=20 Your view?=20 Margaret=20 ?=20 Margaret Barkley Byess=20 Deputy Superintendent, Planning and Support Operations=20 Alexandria City Public Schools=20 ?=20 The school is the last expenditure upon which America should be willing to = economize .? ~Franklin D. Roosevelt=20 ?=20 ?=20 From: "Morton Sherman" =20 To: "Margaret Byess" =20 Sent: Monday, June 6, 2011 8:03:43 AM=20 Subject: Re: Planning & Zoning letter to SHA re SUP for Hammond Middle Scho= ol=20 I don't think that's it=20 Margaret Byess wrote:=20 I think some of this is anger over BRAC and their inability to do anything = about it -- redirected at our four light poles.?=20 Margaret=20 ?=20 Margaret Barkley Byess=20 Deputy Superintendent, Planning and Support Operations=20 Alexandria City Public Schools=20 ?=20 The school is the last expenditure upon which America should be willing to = economize .? ~Franklin D. Roosevelt=20 ?=20 ?=20 From: "Morton Sherman" =20 To: "board" , "Margaret Byess" , "Mark Krause" =20 Sent: Monday, June 6, 2011 7:08:38 AM=20 Subject: Fwd: Planning & Zoning letter to SHA re SUP for Hammond Middle Sch= ool=20 fyi=20 From: "Nancy Jennings" =20 To: "Faroll Hamer" =20 Cc: "Morton Sherman" , "Alexandria School Bo= ard" , "Alicia Hughes" , "Del Pepper" , "Del (personal) Pepper" , "Frank Fannon" , "Kerry Do= nley" , "Paul Smedberg" , "Rob Krupicka" , "William Euille" , "James Spengler" , "M= ark Jinks" , "Patricia Escher" , "Donna Fossum" , "Eric Wagne= r" , "Jesse Jennings" , "John Ko= moroske" , "Larry Robinson" , "Mari= lyn Lyman" , "Stuart Dunn" , "Mark = Jinks" , "Gwen Wright" , "Barbara Ross" =20 Sent: Monday, June 6, 2011 6:25:16 AM=20 Subject: RE: Planning & Zoning letter to SHA re SUP for Hammond Middle Scho= ol=20 Faroll,=20 Thank you for your ruling on height, setback, and illumination restrictions= issues under the Zoning Code and Alexandria City Code in response to the r= equest of Seminary Hill Association, Inc. (SHA), dated June 1, 2011.? As yo= u know, the applicant seeks to significantly exceed restrictions.? For exam= ple, the applicant seeks to reduce setback from 70'?to 23' and 25'?a huge r= equest to reduce setback by about 70% for relief?which?speaks to how small = the footprint?of the athletic field is.? Neither your note nor the staff re= port explains why that is a good idea.=20 SHA also requested that you postpone the Planning Commission hearing on thi= s matter to give the public and staff time to review the new SUP request in= telligently.? While your response and initial thoughts?were prompt, they ma= ke clear that these are complicated factual and legal issues with significa= nt policy implications.? As a result, SHA renews the request for postponeme= nt of the hearing until these issues can be thrashed out properly.? Note:? = Arlington County staff required a few weeks to review how to process and as= sess relief from height and setback matters when Bishop O'Connell High Scho= ol sought to add stadium lighting.?=20 Finally, you state that your note below is your initial response and that y= ou would prepare a formal letter on request.? Assuming you reach the same c= onclusions, please prepare a formal letter suitable for review by the Board= of Zoning Appeals and, if necessary, the courts of the Commonwealth of Vir= ginia.=20 Nan=20 ?=20 ?=20 From: Faroll Hamer [mailto:Faroll.Hamer@alexandriava.gov]=20 Sent: Friday, June 03, 2011 4:26 PM=20 To: Nancy Jennings=20 Cc: Morton Sherman; Alexandria School Board; Alicia Hughes; Del Pepper; Del= (personal) Pepper; Frank Fannon; Kerry Donley; Paul Smedberg; Rob Krupicka= ; William Euille; James Spengler; Mark Jinks; Patricia Escher; Donna Fossum= ; Eric Wagner; Jesse Jennings; John Komoroske; Larry Robinson; Marilyn Lyma= n; Stuart Dunn; Mark Jinks; Gwen Wright; Barbara Ross=20 Subject: RE: Letter from Seminary Hill Association Inc. re SUP for Hammond = Middle School=20 ?=20 Nancy --=20 Thank you for your correspondence from Wednesday on the SUP for lighting at= Hammond Field. I think you raise a number of important and valid questions= and I wanted to give you my initial thoughts on these questions.=20 You asked about why we are using the SUP process to review this application= .? ACPS?s application for an SUP to allow structures, in this case light po= les, on a public school site to be constructed at 60 feet in height fall s = under Section 7-2100 of the Zoning Ordinance. This provision provides autho= rity for the City to grant increased height for public school structures in= a residential zone, not to exceed a height of 60 feet.?? Therefore, this i= s the appropriate procedure for requesting 60 foot tall light poles on a sc= hool playing field.? My reasoning is as follows:=20 ? ???????? The construction work is being done on a public secondary school= property that is located in a residential zone;=20 ? ???????? The work is clearly a school project, which is being paid for th= rough the ACPS?s CIP budget; and=20 ? ???????? The field and lights will be used by ACPS students and will be a= vailable to others only when not in use by the ACPS students. As I understa= nd school personnel have explained at the public meetings on this topic, th= e field will be available for ACPS and City Recreation Department sponsored= programs, City of Alexandria youth and adult sports leagues, and summer ca= mps/clinics?no private rentals would be permitted.?=20 ?=20 Next, you asked about why the requests for setback modifications are being = reviewed as part of the SUP. ?Under Section 11-416(A) of the Zoning Ordinan= ce, in approving a site plan, the Planning Commission may modify the minimu= m frontage, yard, open and usable space, zone transition setback or other m= inimum requirements. This case involves a Special Use Permit approval, whic= h the City construes to be tantamount to a site plan, or greater, for purpo= ses of allowing a site plan modification because it requires the approval o= f the Planning Commission and the City Council rather than just the Plannin= g Commission approval required for a site plan.?It seems, therefore, approp= riate to incorporate the setback modification into the current docket item.= =20 Finally, you have also raised an issued regarding the illumination restrict= ions in City Code Section 13-1-3. ?T hese restrictions do not apply in this= specific case. The Code states:=20 It shall be unlawful for the owner or operator of any commercial property o= r the owner or occupant of any residential property when located adjacent t= he property used for residential purposes, to use for the outdoor lighting = of the commercial property or residential property lights which are so arra= nged that the illumination and glare therefrom is thrown upon the side yard= or rear yard [ emphasis added ] of the adjacent property occupied for resi= dential purposes in an amount of illumination which measures more that poin= t twenty-five hundredths footcandles measured at any point seven feet beyon= d the property line of the adjacent property used for residential purposes.= =20 However, the information presented by the applicant shows lighting at the f= ront property lines of houses across Pickett Street (the nearest houses) ra= nging from .18 to .44 footcandles.? Indeed, it is important to remember tha= t the City?s standard for lighting along new public sidewalks in the front = of single family homes is .6 footcandles, which is significantly higher tha= n the lighting levels being projected in this case.=20 Again, these are my initial responses to your questions.? If you want a mor= e formal determination letter, please let me know and I will prepare one.= =20 Please know that I understand this is a difficult case and that the communi= ty has justifiable concerns that must be addressed.? Because of these conce= rns, there has been significant public outreach on this case, including two= public meetings on February 7 th and April 26 th .? At these well-attended= public meetings, the issues of the degree of illumination that will be pro= vided and the height of the proposed poles were discussed extensively. The = applicant did amend its SUP application on May 12 th and much of substance = of this amendment was in reaction to input received at the two community me= etings in an effort to incorporate community suggestions and assure that al= l technical requirements were met.=20 Thank you for your interest in this project and I look forward to seeing yo= u at the June 7 th Planning Commission meeting.=20 ?=20 Faroll=20 _________________________________=20 ?=20 Faroll Hamer=20 Director, Department of Planning and Zoning=20 City of Alexandria=20 301 King Street=20 Alexandria, VA 22314=20 703-746-4666=20 ?=20 From: Nancy Jennings [mailto:nrjennings@comcast.net]=20 Sent: Wednesday, June 01, 2011 5:43 AM=20 To: Faroll Hamer=20 Cc: Morton Sherman; Alexandria School Board; Alicia Hughes; Del Pepper; Del= (personal) Pepper; Frank Fannon; Kerry Donley; Paul Smedberg; Rob Krupicka= ; William Euille; James Spengler; Mark Jinks; Patricia Escher; Donna Fossum= ; Eric Wagner; Jesse Jennings; John Komoroske; Larry Robinson; Marilyn Lyma= n; Stuart Dunn=20 Subject: Letter from Seminary Hill Association Inc. re SUP for Hammond Midd= le School=20 ?=20 Seminary Hill Association, Inc.=20 2115 Marlboro Drive=20 Alexandria, VA 22304=20 June 1, 2011=20 Director of Planning & Zoning=20 City of Alexandria=20 Alexandria City Hall,=20 301 King Street,=20 Alexandria, VA 22314=20 ?=20 Ms. Faroll Hamer:=20 ?=20 Seminary Hill Association, Inc., (SHA) received an announcement last week a= bout the June 7 hearing before the Planning Commission on the application f= or ACPS to install lighting on the field at Francis C. Hammond Middle Schoo= l (Hammond).? SHA had requested that ACPS withdraw this application in a le= tter dated May 18, 2011, for the reasons stated in that letter.? Neither AC= PS nor any other City official has responded to any of the concerns raised = in the letter or in previous correspondence from the community.=20 ?=20 In the announcement of this hearing, ACPS is now asking for a second SUP?a = new entry on the application regarding the scope of the hearing?to request = the Planning Commission and City Council relieve it of height and setback r= estrictions.? SHA agrees with ACPS that the SUP application violated height= and setback restrictions and that this introduces significant legal and po= licy issues.? We also note that the proposed lighting violates illumination= restriction on City Code 13-1-3, which appears to cap illumination at 0.25= of a footcandle in a residential area.? The applicant admitted at a public= meeting that it would shed 0.44 of a footcandle on neighboring properties,= thus exceeding restrictions.? The latest announcement says nothing about t= his issue.? The addition of the request for relief from Code raises at leas= t the following issues:=20 ?=20 ? ???????? The request for relief from height and setback restrictions are = not in the application itself, meaning the public was given about a 10-day = notice that it was a purpose of the SUP.?=20 ?=20 ? ???????? The City or ACPS needs to get a variance from those restrictions= .? The new SUP request admits that the setback requirement requires relief = from the Zoning Ordinance as an R-20 zone under Section 3-106(A).? The ligh= ting towers also exceed the 40 foot height restriction in Section 3-106(C).= ? The applicant may claim that the lighting towers at Hammond constitute a = public school being ?constructed, expanded or reconstructed? under Section = 7-2100, permitting application for a new SUP for towers up to 60 feet heigh= t.? However, lighting towers (which are unlikely to be used for any school = purpose) do not fit under any of those categories in 7-2100, and are more p= roperly viewed under 3-106(C).? Thus, the height violations also require a = variance. ACPS is no different than any residence in an R-20 zone seeking a= variance from the Zoning Code.? It is required to demonstrate a hardship, = like any other applicant, in the normal course of business before the Board= of Zoning Appeals.=20 ?=20 At the last minute, ACPS is changing their application materially to add a = second request with significant precedential potential, and the public shou= ld have the benefit of reviewing and understanding the request.? Adding to = the need for more time is the fact that there is no indication in any docum= ents before the Planning Commission or from City staff that the City has co= nsidered this issue with any depth.? SHA residents can attest that getting = relief from height, setback, and illumination restrictions is a detailed, c= omplicated analysis that must be understood on its facts and for its implic= ations before moving ahead.? As a result, SHA requests:=20 ?=20 1. ????? A ruling from the Planning Director on the correct process to get = relief from the height and setback restrictions, including whether a varian= ce is required, with SHA reserving the right to appeal to the Board of Zoni= ng Appeals (BZA), if necessary;=20 ?=20 2. ????? A ruling from the Planning Director on whether illumination restri= ctions apply to the application, and if not why the application is relieved= of the illumination requirements of City Code, with SHA reserving the righ= t to appeal to the BZA, if necessary; and=20 ?=20 3. ????? At a minimum, postponement of the hearing at least until the fall = of 2011 to allow for an intelligent assessment of the new requests in the S= UP application.?=20 ?=20 SHA residents look forward to hearing from you.=20 Sincerely,=20 /s/=20 President Nancy R. Jennings=20 Seminary Hill Association, Inc.=20 ?=20 CC:?=20 Superintendent of ACPS=20 Members of the Alexandria School Board=20 Mayor and City Council=20 Planning Commission=20 James Spengler, Parks & Recreation=20 ?=20 ------=_Part_741716_1590797498.1307369893288 Content-Type: text/html; charset=utf-8 Content-Transfer-Encoding: quoted-printable <= div style=3D'font-family: Arial; font-size: 10pt; color: #000000'>

= I am attending and speaking for ACPS.  

 

I have asked Dave to cover the Saturday June 25th City Council mee= ting (part 2 of this process), since I was hoping to be leaving town that d= ay. Whether the Planning Commission approves or disapproves this request on= Tuesday, City Council makes the final decision on Sat June 25th.

Mark Krause
Director, Educational Facilities
Phone: 703-461-4168Fax: 703-370-7704



From: "Margaret Byess" <margaret.byess@acps.k12.va.us>
T= o: "Mark Krause" <mkrause@acps.k12.va.us>
Sent: Monday,= June 6, 2011 8:18:30 AM
Subject: Fwd: Planning & Zoning lett= er to SHA re SUP for Hammond Middle School

Ma= rk, who will be attending tomorrow's P&Z meeting?  I know you were= planning on attending.  Anyone else from your shop?

Margaret

 

Margaret Barkley Byess

Deputy Superintendent, Planning and Support Operation= s

Alexandria City Public Schools

 

The school is the last expenditure= upon which America should be willing to economize.  ~Franklin D. Roosevelt=
 

 



From: "Morton Sherman" <morton.sherman@acps.k12.va.us>
T= o: "Margaret Byess" <margaret.byess@acps.k12.va.us>
Sent: <= /B>Monday, June 6, 2011 8:17:15 AM
Subject: Re: Planning & Zo= ning letter to SHA re SUP for Hammond Middle School

This is about ni= mby ... that's all the emotion they need.  I hear that this will pass.=
Who from our team will be there?

Margaret Byess <margaret.bye= ss@acps.k12.va.us> wrote:



But the level and emotionality = of the response, the tone, and the spin on the facts is above and beyond wh= at?is appropriate for civil discourse.? Which makes me think there are othe= r motivators -- perhaps not conscious ones.



Your prediction= on what the Planning Commission will do tomorrow?





= Margaret

?

Margaret Barkley Byess

Deputy Superinten= dent, Planning and Support Operations

Alexandria City Public School= s

?

The school is the last expenditure upon which America s= hould be willing to economize .? ~Franklin D. Roosevelt
?

?





Margaret

?

Margaret Barkley Byess =

Deputy Superintendent, Planning and Support Operations

Alex= andria City Public Schools

?

The school is the last expendi= ture upon which America should be willing to economize .? ~Franklin D. Roos= evelt
?

?


From: "Morton Sherman" <morton.sherman= @acps.k12.va.us>
To: "Margaret Byess" <margaret.byess@acps.k12.va= .us>
Sent: Monday, June 6, 2011 8:10:51 AM
Subject: Re: Planning= & Zoning letter to SHA re SUP for Hammond Middle School

Lights= ...bad


Margaret Byess <margaret.byess@acps.k12.va.us> wro= te:

Your view?



Margaret

?

Margaret = Barkley Byess

Deputy Superintendent, Planning and Support Operation= s

Alexandria City Public Schools

?

The school is th= e last expenditure upon which America should be willing to economize .? ~Fr= anklin D. Roosevelt
?

?


From: "Morton Sherman" <= morton.sherman@acps.k12.va.us>
To: "Margaret Byess" <margaret.bye= ss@acps.k12.va.us>
Sent: Monday, June 6, 2011 8:03:43 AM
Subject= : Re: Planning & Zoning letter to SHA re SUP for Hammond Middle School =

I don't think that's it

Margaret Byess <margaret.byess@a= cps.k12.va.us> wrote:

I think some of this is anger over BRAC an= d their inability to do anything about it -- redirected at our four light p= oles.?



Margaret

?

Margaret Barkley Byess
Deputy Superintendent, Planning and Support Operations

Alexan= dria City Public Schools

?

The school is the last expenditu= re upon which America should be willing to economize .? ~Franklin D. Roosev= elt
?

?


From: "Morton Sherman" <morton.sherman@a= cps.k12.va.us>
To: "board" <board@acps.k12.va.us>, "Margaret B= yess" <margaret.byess@acps.k12.va.us>, "Mark Krause" <mkrause@acps= .k12.va.us>
Sent: Monday, June 6, 2011 7:08:38 AM
Subject: Fwd: = Planning & Zoning letter to SHA re SUP for Hammond Middle School

fyi





From: "Nancy Jennings" <nrjennings@com= cast.net>
To: "Faroll Hamer" <Faroll.Hamer@alexandriava.gov> <= BR>Cc: "Morton Sherman" <morton.sherman@acps.k12.va.us>, "Alexandria = School Board" <rwebb@acps.k12.va.us>, "Alicia Hughes" <Alicia.Hugh= es@alexandriava.gov>, "Del Pepper" <Del.Pepper@alexandriava.gov>, = "Del (personal) Pepper" <delpepper@aol.com>, "Frank Fannon" <Frank= .Fannon@alexandriava.gov>, "Kerry Donley" <Kerry.Donley@alexandriava.= gov>, "Paul Smedberg" <paulcsmedberg@aol.com>, "Rob Krupicka" <= council@krupicka.com>, "William Euille" <William.Euille@alexandriava.= gov>, "James Spengler" <James.Spengler@alexandriava.gov>, "Mark Ji= nks" <Mark.Jinks@alexandriava.gov>, "Patricia Escher" <Patricia.Es= cher@alexandriava.gov>, "Donna Fossum" <donna.fossum@verizon.net>,= "Eric Wagner" <erwagner@comcast.net>, "Jesse Jennings" <jssjennin= gs@aol.com>, "John Komoroske" <john.komoroske@finra.org>, "Larry R= obinson" <jlr@cpma.com>, "Marilyn Lyman" <mslyman@verizon.net>,= "Stuart Dunn" <hsdunn@ipbtax.com>, "Mark Jinks" <Mark.Jinks@alexa= ndriava.gov>, "Gwen Wright" <Gwen.Wright@alexandriava.gov>, "Barba= ra Ross" <Barbara.Ross@alexandriava.gov>
Sent: Monday, June 6, 20= 11 6:25:16 AM
Subject: RE: Planning & Zoning letter to SHA re SUP f= or Hammond Middle School




Faroll,

Thank you for = your ruling on height, setback, and illumination restrictions issues under = the Zoning Code and Alexandria City Code in response to the request of Semi= nary Hill Association, Inc. (SHA), dated June 1, 2011.? As you know, the ap= plicant seeks to significantly exceed restrictions.? For example, the appli= cant seeks to reduce setback from 70'?to 23' and 25'?a huge request to redu= ce setback by about 70% for relief?which?speaks to how small the footprint?= of the athletic field is.? Neither your note nor the staff report explains = why that is a good idea.

SHA also requested that you postpone the P= lanning Commission hearing on this matter to give the public and staff time= to review the new SUP request intelligently.? While your response and init= ial thoughts?were prompt, they make clear that these are complicated factua= l and legal issues with significant policy implications.? As a result, SHA = renews the request for postponement of the hearing until these issues can b= e thrashed out properly.? Note:? Arlington County staff required a few week= s to review how to process and assess relief from height and setback matter= s when Bishop O'Connell High School sought to add stadium lighting.?
Finally, you state that your note below is your initial response and that= you would prepare a formal letter on request.? Assuming you reach the same= conclusions, please prepare a formal letter suitable for review by the Boa= rd of Zoning Appeals and, if necessary, the courts of the Commonwealth of V= irginia.

Nan

?

?



From: Faroll Hamer= [mailto:Faroll.Hamer@alexandriava.gov]
Sent: Friday, June 03, 2011 4:2= 6 PM
To: Nancy Jennings
Cc: Morton Sherman; Alexandria School Board= ; Alicia Hughes; Del Pepper; Del (personal) Pepper; Frank Fannon; Kerry Don= ley; Paul Smedberg; Rob Krupicka; William Euille; James Spengler; Mark Jink= s; Patricia Escher; Donna Fossum; Eric Wagner; Jesse Jennings; John Komoros= ke; Larry Robinson; Marilyn Lyman; Stuart Dunn; Mark Jinks; Gwen Wright; Ba= rbara Ross
Subject: RE: Letter from Seminary Hill Association Inc. re S= UP for Hammond Middle School

?

Nancy --

Thank you f= or your correspondence from Wednesday on the SUP for lighting at Hammond Fi= eld. I think you raise a number of important and valid questions and I want= ed to give you my initial thoughts on these questions.

You asked ab= out why we are using the SUP process to review this application.? ACPS?s ap= plication for an SUP to allow structures, in this case light poles, on a pu= blic school site to be constructed at 60 feet in height fall s under Sectio= n 7-2100 of the Zoning Ordinance. This provision provides authority for the= City to grant increased height for public school structures in a residenti= al zone, not to exceed a height of 60 feet.?? Therefore, this is the approp= riate procedure for requesting 60 foot tall light poles on a school playing= field.? My reasoning is as follows:

? ???????? The construction wo= rk is being done on a public secondary school property that is located in a= residential zone;

? ???????? The work is clearly a school project,= which is being paid for through the ACPS?s CIP budget; and

? ?????= ??? The field and lights will be used by ACPS students and will be availabl= e to others only when not in use by the ACPS students. As I understand scho= ol personnel have explained at the public meetings on this topic, the field= will be available for ACPS and City Recreation Department sponsored progra= ms, City of Alexandria youth and adult sports leagues, and summer camps/cli= nics?no private rentals would be permitted.?

?

Next, you as= ked about why the requests for setback modifications are being reviewed as = part of the SUP. ?Under Section 11-416(A) of the Zoning Ordinance, in appro= ving a site plan, the Planning Commission may modify the minimum frontage, = yard, open and usable space, zone transition setback or other minimum requi= rements. This case involves a Special Use Permit approval, which the City c= onstrues to be tantamount to a site plan, or greater, for purposes of allow= ing a site plan modification because it requires the approval of the Planni= ng Commission and the City Council rather than just the Planning Commission= approval required for a site plan.?It seems, therefore, appropriate to inc= orporate the setback modification into the current docket item.

Fin= ally, you have also raised an issued regarding the illumination restriction= s in City Code Section 13-1-3. ?T hese restrictions do not apply in this sp= ecific case. The Code states:

It shall be unlawful for the owner or= operator of any commercial property or the owner or occupant of any reside= ntial property when located adjacent the property used for residential purp= oses, to use for the outdoor lighting of the commercial property or residen= tial property lights which are so arranged that the illumination and glare = therefrom is thrown upon the side yard or rear yard [ emphasis added ] of t= he adjacent property occupied for residential purposes in an amount of illu= mination which measures more that point twenty-five hundredths footcandles = measured at any point seven feet beyond the property line of the adjacent p= roperty used for residential purposes.

However, the information pre= sented by the applicant shows lighting at the front property lines of house= s across Pickett Street (the nearest houses) ranging from .18 to .44 footca= ndles.? Indeed, it is important to remember that the City?s standard for li= ghting along new public sidewalks in the front of single family homes is .6= footcandles, which is significantly higher than the lighting levels being = projected in this case.

Again, these are my initial responses to yo= ur questions.? If you want a more formal determination letter, please let m= e know and I will prepare one.

Please know that I understand this i= s a difficult case and that the community has justifiable concerns that mus= t be addressed.? Because of these concerns, there has been significant publ= ic outreach on this case, including two public meetings on February 7 th an= d April 26 th .? At these well-attended public meetings, the issues of the = degree of illumination that will be provided and the height of the proposed= poles were discussed extensively. The applicant did amend its SUP applicat= ion on May 12 th and much of substance of this amendment was in reaction to= input received at the two community meetings in an effort to incorporate c= ommunity suggestions and assure that all technical requirements were met. <= BR>
Thank you for your interest in this project and I look forward to se= eing you at the June 7 th Planning Commission meeting.

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Fa= roll

_________________________________

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Faroll Ham= er

Director, Department of Planning and Zoning

City of Alex= andria

301 King Street

Alexandria, VA 22314

703-746= -4666

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From: Nancy Jennings [mailto:nrjennings@com= cast.net]
Sent: Wednesday, June 01, 2011 5:43 AM
To: Faroll Hamer <= BR>Cc: Morton Sherman; Alexandria School Board; Alicia Hughes; Del Pepper; = Del (personal) Pepper; Frank Fannon; Kerry Donley; Paul Smedberg; Rob Krupi= cka; William Euille; James Spengler; Mark Jinks; Patricia Escher; Donna Fos= sum; Eric Wagner; Jesse Jennings; John Komoroske; Larry Robinson; Marilyn L= yman; Stuart Dunn
Subject: Letter from Seminary Hill Association Inc. r= e SUP for Hammond Middle School

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Seminary Hill Association= , Inc.
2115 Marlboro Drive
Alexandria, VA 22304

June 1, 201= 1

Director of Planning & Zoning
City of Alexandria
Alex= andria City Hall,
301 King Street,
Alexandria, VA 22314

? <= BR>
Ms. Faroll Hamer:

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Seminary Hill Association, Inc.,= (SHA) received an announcement last week about the June 7 hearing before t= he Planning Commission on the application for ACPS to install lighting on t= he field at Francis C. Hammond Middle School (Hammond).? SHA had requested = that ACPS withdraw this application in a letter dated May 18, 2011, for the= reasons stated in that letter.? Neither ACPS nor any other City official h= as responded to any of the concerns raised in the letter or in previous cor= respondence from the community.

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In the announcement of th= is hearing, ACPS is now asking for a second SUP?a new entry on the applicat= ion regarding the scope of the hearing?to request the Planning Commission a= nd City Council relieve it of height and setback restrictions.? SHA agrees = with ACPS that the SUP application violated height and setback restrictions= and that this introduces significant legal and policy issues.? We also not= e that the proposed lighting violates illumination restriction on City Code= 13-1-3, which appears to cap illumination at 0.25 of a footcandle in a res= idential area.? The applicant admitted at a public meeting that it would sh= ed 0.44 of a footcandle on neighboring properties, thus exceeding restricti= ons.? The latest announcement says nothing about this issue.? The addition = of the request for relief from Code raises at least the following issues: <= BR>
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? ???????? The request for relief from height and setback = restrictions are not in the application itself, meaning the public was give= n about a 10-day notice that it was a purpose of the SUP.?

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? ???????? The City or ACPS needs to get a variance from those restrictio= ns.? The new SUP request admits that the setback requirement requires relie= f from the Zoning Ordinance as an R-20 zone under Section 3-106(A).? The li= ghting towers also exceed the 40 foot height restriction in Section 3-106(C= ).? The applicant may claim that the lighting towers at Hammond constitute = a public school being ?constructed, expanded or reconstructed? under Sectio= n 7-2100, permitting application for a new SUP for towers up to 60 feet hei= ght.? However, lighting towers (which are unlikely to be used for any schoo= l purpose) do not fit under any of those categories in 7-2100, and are more= properly viewed under 3-106(C).? Thus, the height violations also require = a variance. ACPS is no different than any residence in an R-20 zone seeking= a variance from the Zoning Code.? It is required to demonstrate a hardship= , like any other applicant, in the normal course of business before the Boa= rd of Zoning Appeals.

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At the last minute, ACPS is changin= g their application materially to add a second request with significant pre= cedential potential, and the public should have the benefit of reviewing an= d understanding the request.? Adding to the need for more time is the fact = that there is no indication in any documents before the Planning Commission= or from City staff that the City has considered this issue with any depth.= ? SHA residents can attest that getting relief from height, setback, and il= lumination restrictions is a detailed, complicated analysis that must be un= derstood on its facts and for its implications before moving ahead.? As a r= esult, SHA requests:

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1. ????? A ruling from the Planning = Director on the correct process to get relief from the height and setback r= estrictions, including whether a variance is required, with SHA reserving t= he right to appeal to the Board of Zoning Appeals (BZA), if necessary;
=
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2. ????? A ruling from the Planning Director on whether illum= ination restrictions apply to the application, and if not why the applicati= on is relieved of the illumination requirements of City Code, with SHA rese= rving the right to appeal to the BZA, if necessary; and

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3= . ????? At a minimum, postponement of the hearing at least until the fall o= f 2011 to allow for an intelligent assessment of the new requests in the SU= P application.?

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SHA residents look forward to hearing fro= m you.

Sincerely,

/s/

President Nancy R. Jennings <= BR>Seminary Hill Association, Inc.

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CC:?

Superinte= ndent of ACPS
Members of the Alexandria School Board
Mayor and City= Council
Planning Commission
James Spengler, Parks & Recreation=

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