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RESOLUTION GRANTING A SPECIAL USE PERMIT TO GROVE STREET PROPERTIES, LLC FOR AN INCREASE IN RETAIL AREA FOR THE PROJECT KNOWN AS GROVE SQUARE (PHASE 3) AT 910-916 GROVE STREET AND 909-911 KING STREET. WHEREAS, Grove Street Properties, LLC, owner of the properties at 910-916 Grove Street and 909-911 King Street, has requested a special use permit with respect to the properties identified on City Tax Map 30 as Parcels 75, 76, 77, 78, 84 and 85, consisting of approximately 22,172 square feet, or 0.51 acres ("Subject Property"), to increase the allowable retail area from 4,000 square feet to 5,000 square feet, allow an increase in the percentage (from 25% to 27%) of gross floor area used for parking, an increase in the side yard setbacks along King Street from 5 feet to 11 feet 4 inches, and a reduction in the rear yard setback from 20 feet to 10 feet; WHEREAS, the Subject Property is zoned "MU -CH" (Cherry Avenue Mixed Use), where, pursuant to §34-796 of the City Code, such modifications for use of the property are allowed by Special Use Permit; and WHEREAS, following a joint public hearing before this Council and the Planning Commission, duly advertised and held on July 22, 2008, this Council finds that such use is allowed under City Code Section 34-796, and will conform to the criteria applicable to special permits generally under Chapter 34 of the City Code; now, therefore • BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit is hereby approved and granted to Grove Street Properties, LLC to allow: (1) increase in the allowable retail area from 4,000 square feet to 5,000 square feet, (2) an increase in the side yard setbacks along King Street from 5 feet to 11 feet 4 inches; and (3) increase from 25% to 27% of gross floor area to be used for parking. Approval of this special use permit is conditioned upon the following: 1. Planning Commission approval of the preliminary site plan; 2. Reduction of the rear yard setback from 20 feet to 10 feet is allowed if a 10 foot Screen 2 landscaped buffer, as defined in Section 34-871 of the City Code, is provided and an easement for such buffer is obtained from adjoining property owners for the benefit of this development. 3. Inclusion of bicycle storage facilities to accommodate 20-40 bicycles and other mechanisms to encourage alternative means of travel. Approved by Council August 18, 2008 • of City Council