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A RESOLUTION VACATING THE APPROVAL OF A GROUP HOUSING PROJECT ISSUED PURSUANT TO SECTION 40-55 OF THE CODE OF CITY OF PORTSMOUTH, VIRGINIA, 1973, SAID PROJECT BEING KNOWN AS "BILTMORE COMMONS PLACE" AND DESIGNATED AS GHP-85-30. THE WHEREAS, the Council of the City of Portsmouth~ Virginia, by a resolution adopted January 14, 1986, granted appr6val of a group housing project consisting of one huhdred ~ight (108) condominium units on approximately 4.9 acres of property located on the south side of Elliott Avenue between Frederick and Deep Creek Boulevards (Tax Map 473, Parcel ~) and designated as GHP-85-30; and WHEREAS, C. Raeford Eure has made application to the Council of the City of Portsmouth, Virginia requesting the Council to vacate its approval of group housing project GHP-85-30; and WHEREAS, C. Raeford Eure has proffered on behalf ~f the owners of the property to prepare and submit a subdivision plat for approval which will limit density on the land to not exceed sixteen (16) units per acre and to put Community Association documents to record binding all of the unit owners for maintenance of the exterior of all units ~in order to preserve the quality of the project; and WHEREAS, the Planning Commission has reviewed the request to vacate and has made a recommendation thereon; and WHEREAS, the Council of the City of Portsmouth, Virginia is of the opinion that the vacation of the group housing pro3ect will permit the orderly development, of the property and the developer is aware that building permits or any other required permits will be issued only upon compliance with the ordinances, laws or regulations applicable thereto and. that the vacation hereof.does not constitute a waiver of any other requirement embodied in the Subdivision Ordinance, Zoning Ordinance, Code of the City of Portsmouth, Virginia, or any other applicable local, state or federal law or regulation. NOW, THEREFORE, BE IT RESOLVED by the~Council of the City of Portsmouth, Virginia, that the certain group housing project known as "Biltmore Commons Place" which was to be constructed on apDroximately 4.9 acres of property located on the southside of Elliott Avenue between Frederick and Deep Creek Boulevards (Tax Map 473, ~arcel 5) and designated as GHP-85-30 is hereby vacated.