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3. 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 application materials submitted by developer are for construction of a market rate housing community. The development shall be in substantial compliance with the concept plan entitled The Port Apartments Conceptual Master Plan prepared by Land Planning Solutions dated June 5, 2020 and the rendered concept elevations titled The Port Apartments Phase One and The Port Apartments Phase Two prepared by Cox, Kliewar & Company, P.C. and Ripley Heatwole Company dated March 20, 2020, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations. Without limitation, architectural elevations for the development shall be submitted with the initial site plan subnllsslon. (b) The development shall provide at least the necessary open space set- asides to authorize the density bonus of a maximum additional 0.59 dwelling units per acre to the maximum allowed density in the MU -H zoning district as outlined in Section 40.1 -5.8 of the Zoning Ordinance and as designated on The Port Apartments Conceptual Master Plan. (c) The development, at no cost to the City, shall comply with the recommendations included in the Traffic Impact Analysis prepared by Ripley Heatwole Company and McPherson Consulting, LLC, dated July 2020 as approved by the City Engineer, whether on -site or off -site. (d) The maximum number of dwelling units to be constructed at 5601 High Street shall not exceed 192 units. (e) The maximum number of dwelling units to be constructed at 3109 Tyre Neck Road shall not exceed 40 units. (f) 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 remain in effect during the operation of the development. (g) All taxes /fees associated with the development and the properties shall be paid when due, as determined by the City Treasurer. 4. REVOCATION OF PERMIT: Violation of any of the conditions set forth herein may serve as grounds for revocation of the use permit by City Council.