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R -21 -05 A RESOLUTION GRANTING A USE PERMIT (UP- 21 -03) TO D &K BUILDERS, LLC TO CONSTRUCT AND OPERATE A MULTI - FAMILY DWELLING DEVELOPMENT WITH NOT TO EXCEED 280 UNITS AT 4358 GREENWOOD DRIVE (TAX PARCEL 0559- 0010). WHEREAS, Alvin Keels, the authorized agent for D &K Builders, LLC, an affiliated entity of the property owner, has made application pursuant to Section 40.2 -533 of the Code of the City of Portsmouth, Virginia for the granting of a use permit to construct and operate a multi - family dwelling development with not to exceed 280 units at 4358 Greenwood Drive, Tax Parcel 0559 -0010; and WHEREAS, Cavalier Manor Development Group, LLC, the owner of the subject property, has consented to the application; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended the denial of the application for a use permit. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it has reviewed and considered the application materials, the City staff report, the proceedings and recommendation of the Planning Commission, all comments made at the public hearing, and the discussion of the Council regarding the application. 2. That it has considered factors it deemed applicable and consistent with the Code of Virginia, which may include, without limitation, the nature, extent, external effects, location, design or method of operation of the requested use, the City's comprehensive plan, and the public health, safety, and general welfare. 3. That it has considered the imposition of conditions regarding the location, character, and other features of the proposed use and finds and determines that the conditions imposed by this Resolution are necessary to ensure compliance with the general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse effects from the proposed use. 4. That based on its review and consideration, it has determined that the use permit requested by the subject application should be GRANTED WITH CONDITIONS as provided in this Resolution. 5. That D &K Builders, LLC is hereby granted a use permit pursuant to Section 40.2 -533 of the Code of the City of Portsmouth, Virginia to construct and operate