Minutes 02/14/2023 - Laserfiche WebLink

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February 14, 2023 AND ALL OF THE ABOVE TOGETHER WITH all right, title and interest of Evans Electric Company, a Virginia corporation, if any, in and to former streets, alleys, rights-of-way or other public thoroughfares, or portions thereof, abutting the above described parcels and closed by the appropriate governmental authority. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The development shall be in substantial compliance with the concept plan entitled “Use Permit Exhibit Bains Pointe” prepared by Hoggard-Eure Associates, Woda Cooper Companies, and PCI Design Group, Inc. dated December 9, 2022, except where modifications may be required to comply with applicable local, state, or federal codes and regulations. (b) The development shall be in substantial compliance with the rendered concept elevations entitled “Baines Pointe Elevations” prepared by Woda Cooper Companies and PCI Design Group, Inc. dated November 18, 2022, except where modifications may be required to comply with applicable local, state, or federal codes and regulations. (c) Prior to obtaining building permits, the subject properties shall be subdivided to vacate the interior lot lines and dedicate the strip of land along Elm Avenue as public right-of-way in accordance with all applicable requirements of Chapter 33.1 of the City Code (Subdivision Ordinance). (d) Streetscape improvements shall be implemented along all street frontages, including those consistent with the current Complete High Street Innovation Corridor Multimodal Concept Plan. Any deviations from the said Plan and/or this condition must be approved by the City Engineer. (e) Not more than 50 dwelling units shall be constructed and operated on the property. (f) One or more active or passive open space amenities shall be provided within the open space set-aside adjacent to High Street which is intended to frame the corner of High and Primrose Streets. The amenities must be reviewed and approved by the Zoning Administrator prior to final Site Plan review approval for the development. (g) Prior to initially occupying and operating the development and so long as the use remains in operation, the owners and/or operators shall install and maintain digital video equipment with recording capabilities sufficient to indicate the date and time that the recording is made. The recording shall provide surveillance coverage encompassing the front, side, and rear exteriors of the establishment for 24 hours a day, 7 days a week. Recorded data must be maintained in a condition permitting review of the information for a period of no less than thirty days. (h) No loading or unloading of vehicles shall occur at any time from the public right-of- way. Loading and unloading of all vehicles shall only be permitted via the off-street parking area located to the rear of the building. Signage indicating such shall be installed in appropriate locations on the property, visible to residents. (i) The development shall be constructed and operated in compliance with all applicable codes, ordinances and regulations of federal, state, and local government, and all required licenses and permits shall be obtained and maintained in good standing during the operation of the development. (j) All taxes/fees associated with the property and/or the proposed use must be paid when due, as determined by the City Treasurer. (k) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning Ordinance, which provides that this Use Permit may automatically expire and become void if certain conditions set forth therein are not satisfied within two (2) years from the date of approval by City Council.