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4 A RESOLUTION GRANTING APPROVAL FOR A GROUP HOUSING PROJECT PURSUANT TO SECTION 40-55 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, SAID PROJECT BEING KNOWN AS "BILTMORE COMMONS PLACE" AND DESIGNATED AS GHP-85-30. WHEREAS, C. Raeford Eure, has made application pursuant to ~40-55 of the Code of the City of Portsmouth, Virginia, 1973, for the granting and approval of a group housing project consisting of one hundred eight (108) condominium units on approximately 4.9 acres of property located on the south side of Elliott Avenue between Frederick and Deep Creek Boulevards; and WHEREAS, the application has been determined by the Planning Commission to have met the requirements of ~40-55; and WHEREAS, the Planning Commission has reviewed such application and site plans submitted therewith and has recommended conditional approval of said application, which conditions included the elimination of the three buildings on the eastern border and the establishment of open space to be used for recreational purposes; and WHEREAS, the developer has been informed that approval of a group housing project pursuant to ~40-55 grants only an exemption from certain requirements for residences as stated in said section and does not constitute a waiver of any other requirement embodied in the subdivision ordinance, zoning ordinance, Code of the City of Portsmouth, Virgin~a, or any other applicable local, state or federal law or regulation; and WHEREAS, the developer is aware or any other required permit will be compliance with the ordinances, laws, applicable thereto. that building permits issued only upon or regulations 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" to be constructed 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 5) and designated as GHP-85-30 is hereby granted approval subject to the following terms and conditions: 1. The site plan to be made a part hereof is to be revised so as to provide a maximum density of sixteen (16) units per acre, such revised site plan to be submitted to the Engineerinq & Technical Services Department for review and approval and same must address stabilization of the topography in the rear yard and the bank of Paradise Creek.