Minutes 09/09/2025 - Laserfiche WebLink

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September 9, 2025 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 titled “Harper Avenue Parking Facility”, prepared for General Dynamics/NASSCO by Kimley Horn and dated July 16, 2025 (the “Conceptual Plan”), except where modifications may be required to comply with all applicable local, state, and federal codes and regulations including Portsmouth City Code Chapter 14.1 (Flood Protection). (b) The development shall comply with the recommendations outlined in the General Dynamics - NASSCO Harper Avenue Traffic Impact Analysis, dated June 2025, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations. (c) The development shall include the installation of sidewalk improvements along Harper Avenue, as shown on the Conceptual Plan or as otherwise approved by the City. (d) All storage materials shall be removed from the designated Resource Protection Area (RPA) on the property and no future storage or other encroachments shall be permitted within the RPA except as may be authorized by a subsequent permit issued by the City for said purpose. (e) Without limitation, the development shall comply with the following use-specific standards in accordance with Section 40.2-217(G)(3)(b) of the Zoning Ordinance: (i) Parking shall be the principal use of a parking structure; (ii) Retail sales and office establishments may be located on the ground floor of a multi-level parking structure. (f) An Encroachment Permit must be obtained from the City prior to the construction of any encroachment into the public right-of-way. (g) A site plan must be submitted to and approved by the City prior to commencement of construction. Without limitation, the site plan must comply with City Code Chapter 11.1 (Erosion and Stormwater Management). The development must comply with all applicable local, state, and federal codes and regulations. (h) The development shall be constructed in compliance with all applicable codes, ordinances and regulations of federal, state and local government, and all required licenses and permits shall be obtained prior to construction and remain in effect during the operation of the development. (i) All taxes/fees associated with the property shall be paid when due, as determined by the City Treasurer. (j) 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 of the date of approval by City Council. (k) In accordance with Section 40.2-533(L) of the Zoning Ordinance, this Use Permit may be revoked by City Council after conducting a public hearing. The permit may be revoked if Council finds: (i) The Use Permit was obtained or extended by fraud or deception; (ii) The applicant has failed to comply with one or more of the conditions of approval; (iii) There is a change in conditions affecting the public health, safety, and welfare, since adoption of the Use Permit; or