RESOLUTION

    Granting a Special Use Permit for Property Located at 901 Seminole Trail and 1801
                                     Hydraulic Road

        WHEREAS 901 Seminole Trail LLC (“Applicant”) is the contract purchaser of certain
land identified within the City of Charlottesville real estate records by Real Estate Parcel
Identification Nos. 41B001000 and 41B002000 (together, the “Subject Property”), which has
frontage on Seminole Trail, Hydraulic Road, Hillsdale Drive, and India Road; and

         WHEREAS the Subject Property is located in the Highway Mixed Use Corridor zoning
district, subject to the Entrance Corridor Overlay district regulations, and according to the Use
Matrix set forth within City Code 34-796, restaurants are a permissible use of the Subject
Property but a restaurant with a drive-through window is permissible only if authorized by City
Council by special use permit; and

        WHEREAS the specific development proposed by the Applicant is described in detail
within the application materials submitted in connection with SP22-00006, as required by City
Code §34-158 (collectively, the “Application Materials”); and

       WHEREAS the City Council and the Planning Commission conducted a joint public
hearing on November 8, 2022, following public notice given in accordance with applicable law;
and

       WHEREAS at their November 8, 2022 meeting, the Planning Commission considered
and voted to recommend approval of this request, subject to conditions recommended within the
Staff Report and modified during their meeting; now, therefore,

       BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that a
Special Use Permit is hereby granted, to allow a drive-through restaurant as a permissible use of
the Subject Property subject to the following conditions:

(1) The drive-through restaurant use shall be allowed only within the current boundaries of the
901 Seminole Trail parcel (41B001000);

(2) The maximum setback off Seminole Trail, for the 901 Seminole Trail (41B001000) and 1801
Hydraulic Road (41B002000) parcels, shall be 75 feet;

(3) The maximum setback off Hydraulic Road, for the 901 Seminole Trail (41B001000) and
1801 Hydraulic Road (41B002000) parcels, shall be 75 feet;

(4) The maximum setback off India Road, for the 901 Seminole Trail (41B001000) and 1801
Hydraulic Road (41B002000) parcels, shall be 75 feet;

(5) The maximum setback off Hillsdale Drive, for the 901 Seminole Trail (41B001000) and 1801
Hydraulic Road (41B002000) parcels, shall be 50 feet;
(6) A pedestrian pathway shall be created by the landowner, to provide access to the Subject
Property from the intersection of Seminole Trail and Hydraulic Road and such pathway shall be
handicapped accessible, or as much so as practically possible; and

(7) A sit-down dining area for the restaurant, or an alternate “walk-up” window, shall be
provided and shall remain open to the public at all times when the drive-through window is in
operation.