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Home My WebLink AboutSP200400054 Legacy Document 2005-03-16 (2)Lr12Gl�ta COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5823 Fax (434) 972-4126 February 17, 2005 Brian P. Smith 105 W. High Street Charlottesville, VA 22902 RE: SP -2004-00054 Subway at Forest Lakes AND SP -2004-00058 Dairy Queen at Forest Lakes Tax Map 32, Parcel 42H Dear Mr. Smith: The Albemarle County Planning Commission, at its meeting on February 8, 2005 unanimously recommended approval of the above -noted petitions to the Board of Supervisors. Please note that this approval is subject to the following conditions: Regarding SP -2004-00054, Subway at Forest Lakes: 1. The site shall be constructed in general accordance with the preliminary site plan entitled "Subway/Dairy Queen at Forest Lakes", last revised October 22, 2004 and November 11, 2004. 2. For all future uses on the property, the traffic calculations for each use shall be based upon actual traffic counts for the specific use proposed and not on traffic estimates applicable to general use classifications. The traffic calculations also shall use a methodology consistently applied by County staff to allow for traffic capture. 3. The applicant shall make arrangements for dedication of the fifty (50) foot section of right-of-way providing interconnections from roads within the Forest Lake development to public use and acceptance into the state roads system, as shown on the plan. 4. The applicant shall provide hedge planting in the vicinity of the drive-through window, with the species to be determined subject to the Architectural Review Board approval of the final site plan. All such plantings shall be allowed to grow up to minimum mature heights of at least 5 feet. 5. The access will be limited to Worth Crossing. Regarding SP -2004-00058, Dairy Queen at Forest Lakes: 1. The site shall be constructed in general accordance with the preliminary site plan entitled "Subway/Dairy Queen at Forest Lakes", last revised October 22, 2004 and November 11, 2004. 2. For all future uses on the property, the traffic calculations for each use shall be based upon actual traffic counts for the specific use proposed and not on traffic estimates applicable to general use classifications. The traffic calculations also shall use a methodology consistently applied by County staff to allow for traffic capture. SP -04-54 and SP -04-58 Subway/Dairy Queen at Forest Lakes Page 2 of 2 3. The applicant shall make arrangements for dedication of the fifty (50) foot section of right-of-way providing interconnections from roads within the Forest Lake development to public use and acceptance into the state roads system, as shown on the plan. 4. The applicant shall provide hedge planting in the vicinity of the drive-through window, with the species to be determined subject to the Architectural Review Board approval of the final site plan. All such plantings shall be allowed to grow up to minimum mature heights of at least 5 feet. 5. The access will be limited to Worth Crossing. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 2, 2005. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, Stephen B. Waller Senior Planner Zoning and Current Development Division C: Holly Memorial Land Trust; Paul H Wood Trustee 551 Dryden Ln Charlottesville, VA 22901 Sid Tripath 317 Brentwood Road Charlottesville, VA 22902 Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse �jRGltsl�` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5823 Fax (434) 972-4126 March 14, 2005 Brian P. Smith 105 W. High Street Charlottesville, VA 22902 RE: SP -2004-00054 Subway at Forest Lakes AND SP -2004-00058 Dairy Queen at Forest Lakes Tax Map 32, Parcel 42H Dear Mr. Smith: On March 2, 2005, the Albemarle County Board of Supervisors took action on SP -2004-54 and SP -2004-58 to allow drive-in windows to serve two fast food restaurants, in accordance with Section 24.2.2.13 of the Zoning Ordinance, which allows drive-in windows serving or associated with permitted uses, on Tax Map 32, Parcel 42H in the Rivanna zoning district. These two special use permits were approved based on the following conditions: Regarding SP 2004-054 Subway at Forest Lakes: This special use permit was approved based on the following conditions: 1. The site shall be constructed in general accordance with the preliminary site plan entitled "Subway/Dairy Queen at Forest Lakes", last revised October 22, 2004 and November 11, 2004; For all future uses on the property, the traffic calculations for each use shall be based upon actual traffic counts for the specific use proposed and not on traffic estimates applicable to general use classifications. The traffic calculations also shall use a methodology consistently applied by County staff to allow for traffic capture; 3. The applicant shall submit a plat for reservation for dedication upon request of the County of the fifty (5 0) foot section of right-of-way providing interconnections from roads within Forest Lakes development to public use and acceptance into the state roads system, as shown on the plan. This plat shall be approved and recorded prior to the issuance for any building permit on the property; 4. The applicant shall provide hedge planting in the vicinity of the drive-through window, with the species to be determined subject to the Architectural Review Board approval of the final site plan. All such plantings shall be allowed to grow up to minimum mature heights of at least five (5) feet; and 5. The access will be limited to Worth Crossing. Regarding SP 2004-058 Dairy Queen at Forest Lakes: SP -04-54 and SP -04-58 Subway/Dairy Queen at Forest Lakes This special use permit was approved based on the following conditions: 1. The site shall be constructed in general accordance with the preliminary site plan entitled "Subway/Dairy Queen at Forest Lakes", last revised October 22, 2004 and November 11, 2004; For all future uses on the property, the traffic calculations for each use shall be based upon actual traffic counts for the specific use proposed and not on traffic estimates applicable to general use classifications. The traffic calculations also shall use a methodology consistently applied by County staff to allow for traffic capture. 3. The applicant shall submit a plat for reservation for dedication upon request of the County of the fifty (50) foot section of right-of-way providing interconnections from roads within Forest Lakes development to public use and acceptance into the state roads system, as shown on the plan. This plat shall be approved and recorded prior to the issuance for any building permit on the property; 4. The applicant shall provide hedge planting in the vicinity of the drive-through window, with the species to be determined subject to the Architectural Review Board approval of the final site plan. All such plantings shall be allowed to grow up to minimum mature heights of at least five (5) feet; and 5. The access will be limited to Worth Crossing. Please be advised that although the Albemarle County Board of Supervisors took action on the projects noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: compliance with conditions of the SPECIAL USE PERMIT; approval of and compliance with a SITE PLAN amendment; and approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which these special use permits are issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above -noted action, please do not hesitate to contact Keith Lancaster at 296-5832. Sincerely, V. Wayne Cilimberg Director of Planning Planning Division Cc: Holly Memorial Land Trust; Paul H Wood Trustee 5 51 Dryden Ln Charlottesville, VA 22901 Sid Tripath SP -04-54 and SP -04-58 Subway/Dairy Queen at Forest Lakes 317 Brentwood Road Charlottesville, VA 22902 Amelia McCulley Bill Fritz Tex Weaver Chuck Proctor Keith Lancaster