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UP -22 -15 3993 Twin Pines Road (Tax Parcel 0846 -0028) ALL THAT certain lot, piece or parcel of land, situated, located and being in the City of Portsmouth, Virginia, and being known, numbered and designated as "PARCEL 2A" on that certain plat entitled "Resubdivision of Parcel 2 & 3 of Towne Point Plaza, Portsmouth, Virginia Scale 1" = 100', January 22, 1988, Reference M.B. 13, P. 241- 244 ", prepared by Horton & Dodd, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia in Map Book 14, at pages 64 and 65. IT BEING the same property conveyed to The Flats at Twin Pines, LLC by Deed from Turnco, LLC dated December 4, 2018 and recorded in the Clerk's Office of the Circuit Court for the City of Portsmouth, Virginia as Instrument Number 180012491. 6. 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 development shall be in substantial compliance with the concept plan entitled "Twin Pines Apartments Portsmouth, Virginia" prepared by John Sandow Engineering, LLC and dated September 14, 2022, except where modifications may be required to comply with all applicable local, state, or federal codes or regulations. (b) The development shall be in substantial compliance, including with respect to building design and construction materials, with the rendering and concept exterior elevations titled "Twin Pines Apartments Portsmouth, Virginia" prepared by WTGDesign Architects LLC and revised August 18, 2020, except where modifications may be required to comply with all applicable local, state or federal codes or regulations. (c) The development shall be a multi - family dwelling with not more than 82 units of multi - family housing with associated facilities and amenities. (d) The development shall at all times be operated as, and qualify as, housing for persons 55 or older under federal law and regulations (including the federal Fair Housing Act) and 18VAC 135 -50 -210, as the same may be amended from time to time. Should the development remove the 55 or older designation, an amendment to this Use Permit shall be required. (e) Usable outdoor amenities shall be provided within the required open -space set aside and available for use by the occupants of the multi - family