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<br />April 12. 2005 <br /> <br />1. That, coupled with the terms imposed by paragraph 2 hereof, the <br />following 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 <br />and landscaping improvements is sufficient to offset the decreases in dimensional <br />requirements or other deviations from the zoning district in which the project is <br />located; <br /> <br />(e) The project will not cause surrounding streets and roads to exceed their <br />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 <br />and 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 />2. That a group housing use permit for the construction of 185 townhouse <br />units is hereby granted to the applicant subject to the following terms and conditions <br />that shall be observed by the applicant and any successor in interest: <br /> <br />(a) Site development shall be in accordance with the floor plans, lot layout, <br />building materials, and landscaping plans submitted as New Port Phase 1 B Group <br />Housing Permit, December 7, 2004, Revised December 29, 2004 and as detailed in <br />the submittal letter dated January 7, 2005 Re: Application for a Group Housing <br />Project Review. The Director of Planning and Zoning may approve minor <br />modifications to the plans. <br /> <br />(b) Site development shall comply with the Development Guidelines for New <br />Port, January 14, 2004, Revised February 3, 2004. <br /> <br />(c) Site development shall comply with all applicable proffers approved in <br />conjunction with the Rezoning Application Z-03-18. <br /> <br />(d) Existing streets shall be closed prior to building permits being issued for <br />this project. <br /> <br />(e) The applicant shall comply with all applicable codes, ordinances and <br />regulations of federal, state and local governments and shall obtain all necessary <br />licenses and permits. <br /> <br />(f) All taxes owed on or in connection with the subject property shall be paid <br />in a timely manner. <br /> <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-115 of the Code of the City of Portsmouth, Virginia (1988), the group housing use <br />permit shall expire for any portion of the approved project for which building permits <br />have not been issued if the applicant fails to apply for all building permits for the entire <br />project within one year of the adoption of this resolution. <br />