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R-25-27 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF USE PERMIT UP -21-03 TO CONSTRUCT AND OPERATE A MULTI -FAMILY DWELLING DEVELOPMENT WITH NOT TO EXCEED 280 UNITS AT 4358 GREENWOOD DRIVE (TAX PARCEL 0559-0010). WHEREAS, by Resolution R-21-05 adopted on April 27, 2021, City Council granted Use Permit UP -21-03 to D&K Builders, LLC to construct a multi -family dwelling development with not to exceed 280 units at 4358 Greenwood Drive (Tax Parcel 0559-0010); and WHEREAS, Section 40.2-533(K)(1) of the Zoning Ordinance provides in pertinent part that "a Use Permit shall automatically expire and become void two years from the date of approval by City Council if the use is inactive or changed to a different use, unless within such two-year period ... a building permit is obtained and erection or alteration of a structure is started..."; and WHEREAS, pursuant to Virginia Code Section 15.2-2209.1:1, which was adopted by the Virginia General Assembly to automatically extend local approvals to address the COVID-19 pandemic, the original expiration date for UP -21-03 was extended to July 1, 2025; and WHEREAS, Section 40.2-533(K)(3) of the Zoning Ordinance authorizes City Council to extend the expiration date of Use Permits once for a period of not to exceed one year provided that a written application for the extension is submitted to the Planning Department at least 30 days prior to the expiration of the Use Permit; and WHEREAS, Section 40.2-533(K)(3) further provides that if an application for an extension is timely submitted, the Use Permit shall be deemed extended until City Council has voted to approve or deny the request for extension; and WHEREAS, D&K Builders has timely submitted an application to extend the expiration date of UP -21-03 for a period of one year from July 1, 2025; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that the expiration date of UP -21-03 is hereby extended until July 1, 2026. ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on August 26, 2025. Teste: City Clerk