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June 10,2003 <br /> <br />"A RESOLUTION GRANTING APPROVAL OF A GROUP HOUSING USE PERMIT <br />(GHP-03-03) TO RIVER POINTE ASSOCIATES II, L.L.C., TO CONSTRUCT 58 <br />RESIDENTIAL CONDOMINIUM UNITS AT 3801 RIVER POINTE PARKWAY. <br /> <br /> WHEREAS, Frank Spadea, president of River Pointe Associates II, L.L.C., <br />pursuant to Section 40-112 of the Code of the City of Portsmouth, Virginia (1988), as <br />amended, for the approval and granting of a group housing use permit for 58 residential <br />condominium units to be constructed at 3801 River Pointe Parkway, Portsmouth, <br />Virginia; and <br /> <br /> WHEREAS, the subject property is identified as Parcel B on Exhibit D, attached <br />hereto and made a part hereof; and <br /> <br /> WHEREAS, the Planning Commission has reviewed such application and site <br />plan submitted therewith and has recommended conditional approval of said <br />application; and <br /> <br /> WHEREAS, the applicant has been informed that approval of the group housing <br />project pursuant to Section 40-116 only grants an exemption from certain requirements <br />for residences as stated in said section and does not constitute a waiver of any other <br />requirement embodied in the Subdivision Ordinance, Zoning Ordinance, Code of the <br />City of Portsmouth, Virginia, or any other applicable local, state or federal law or <br />regulation; and <br /> <br /> WHEREAS, the applicant is aware that building permits and any other required <br />permit will be issued only upon compliance with the ordinances, laws or regulations <br />applicable thereto. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br /> 1. That, coupled with the terms imposed by paragraph 2 hereof, the following <br />conditions exist: <br /> <br />(a) The proposed project is compatible with surrounding land uses; <br /> <br /> (b) The density of the project does not exceed the maximum allowable <br />density for the zoning district, and, where applicable, the floor-area ratio of the project <br />does not exceed the maximum allowable floor-area ratio for the zoning district; <br /> <br /> (c) The project as a whole conforms to applicable requirements for minimum <br />required floor area for dwelling units, minimum allowable area for dwelling units, <br />maximum allowable area for the number of dwelling units, and the maximum allowable <br />area devoted to residential purposes; <br /> <br /> (d) The quantity, quality, utility, size and type of the project's open space and <br />landscaping improvements is sufficient to offset the decreases in dimensional <br />requirements or other deviations from the zoning district in which the project is located; <br /> <br /> (e) The project's internal traffic circulation system is adequate to provide for <br />the convenient and safe movement of vehicles and pedestrians, and the project will not <br />cause surrounding streets and roads to exceed their safe capacities; <br /> <br /> (f) The quantity, quality, utility and type of the project's community and <br />common facilities are sufficient to offset the decreases in dimensional requirements and <br />other deviations from the zoning district in which the project is located; <br /> <br /> (g) The project complies with the standards for approval of a use permit set <br />forth in Section 40-106 of the Code of the City of Portsmouth, Virginia; and <br /> <br /> (h) The project provides parking, building access and pathways for persons <br />with disabilities in accordance with the requirements of the Americans with Disabilities <br />Act. <br /> <br /> <br />