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<br />December 11. 2007 <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 density for <br />the zoning district, and, where applicable, the floor-area ratio of the project does not <br />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 will not cause surrounding streets and roads to exceed their safe <br />capacities; <br /> <br />(f) The quantity, quality, utility and type of the project's community and common <br />facilities are sufficient to offset the decreases in dimensional requirements and other <br />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 forth in <br />Section 40-106 of the Code of the City of Portsmouth, Virginia (2006); and <br /> <br />(h) The project provides parking, building access and pathways for persons with <br />disabilities in accordance with the requirements of the Americans with Disabilities Act. <br /> <br />2. That a housing use permit for the construction of a 120 Cherokee Road, <br />Portsmouth, Virginia, is hereby granted to the applicant subject to the following terms <br />and conditions that shall be observed by the applicant and any successor in interest: <br /> <br />(a) The applicant shall construct all of the units in accordance with the submitted <br />floor plans and building materials. The Planning Director may approve minor <br />modifications. <br /> <br />(b) No land disturbance will occur within the Chesapeake Bay Protection Act fifty- <br />foot seaward buffer. <br /> <br />(c) At least 245 parking spaces, including seven handicapped spaces, shall be <br />provided. <br /> <br />(d) The entrancelexit driveway on the east side of Navajo Trail just north of <br />Cherokee Road needs to be redesigned to a single 30-foot wide entrance, removing the <br />island in the middle of the driveway as it is now shown. <br /> <br />(e) A Solid Waste Management Plan and a plan for the placement of garbage cans <br />shall be completed and submitted to and approved by the City's Director of General <br />Services. The applicant shall adhere to the approved plans. <br /> <br />(f) The establishment shall be operated in compliance with all applicable codes, <br />ordinances, and regulations of federal, state, and local governments. <br /> <br />(g) The applicant shall obtain all required licenses and permits before operation and <br />these licenses and permits shall remain in effect during the operation of the <br />establ ishment. <br />