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68 will conform to the criteria applicable to special use permits generally' under Chapter 34 of the City Code; now therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the special use permit previously granted and amended as recited above for the Covenant School at 1000 Birdwood Road is hereby amended once again, this time to allow: (a) additiOn of the 12th Grade (within the existing enrollment cap of 450 students), and (b) addition of a replacement gymnasium, locker room, lobby, support offices and parking. The approval of this special use permit is conditioned upon the following: 1. Administrative approval of the final site plan with the following additions: (a) (b) Indication of material and color for Phase I and Phase II building surfaces; Indication of how pedestrian systems through the neighborhood will be connected and completed as part of the frontage improvements for this property. A grading and soil erosion/sediment control plan will need to be submitted with a $100.00 fee, application and four copies of the plan and narrative for review, approval and bonding prior to final site plan approval. This shall include data on linear feet of pipe, silt fence, curbs and other types of numbers of drainage structures, to assist in setting the bond amount. The drainage should take into consideration any water now draining onto the property. That the school at its expense continue the consistent use of the off-duty police officer for traffic control during peak hours in order to avoid conflicts in the Birdwood Road and 250 Bypass right-of-way. That the school administer a double lane cueing system on site for the drop-off and pick-up of students during peak times for the school. That the building facades include the use of brick as illustrated in the latest elevations dated March 19, 1996 and that the color of the temporary metal wall on the west phase be painted a terra cotta color compatible with the brick. Except as expressly modified by the changes authorized by this resolution, all terms and conditions of the previously issued special use permit, as amended, are hereby reaffirmed and shall remain in full force and effect. RESOLUTION: SPECIAL PERlVIIT FOR AMUSEMENT ARCADE AT 102 14TH STREET, N.W. Mr. Higgins explained that while the previous owners of the facility had pool tables, a continuing use of the non-confirming use could not be documented, so a special permit is required. Mr. Higgins said the Planning Commission recommended approval of the special permit for the following reasons: 1) It is in harmony with the Land Use Plan of the Comprehensive Plan and 2) It will not have a significant adverse impact on the surrounding properties and the neighborhood with proper management. Mr. Higgins continued that the Planning Commission asked that the tenants work with the City on making the facility handicapped accessible over the next year. Mr. Toscano asked about the legality of requiring the handicapped accessibility clause, and Mr. Gouldman replied that the clause was added with the notion of imposing certain conditions to make the facility compatible with surrounding property, but regardless of how good the cause, if the building code is met, such a requirement is questionable. Mr. Gouldman added that this case is not as clear as the previous Covenant School special permit that sought to require off-site improvements.