Minutes 12/11/2007 - Laserfiche WebLink

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December 11. 2007 (d) The quantity, quality, utility, size and type of the project's open space and landscaping improvements is sufficient to offset the decreases in dimensional requirements or other deviations from the zoning district in which the project is located; (e) The project will not cause surrounding streets and roads to exceed their safe capacities; (f) The quantity, quality, utility and type of the project's community and common facilities are sufficient to offset the decreases in dimensional requirements and other deviations from the zoning district in which the project is located; (g) The project complies with the standards for approval of a use permit set forth in Section 40-106 of the Code of the City of Portsmouth, Virginia (2006); and (h) The project provides parking, building access and pathways for persons with disabilities in accordance with the requirements of the Americans with Disabilities Act. 2. That a housing use permit for the construction of four residential condominium units at 361 Effingham Street is hereby granted to the applicant subject to the following terms and conditions that shall be observed by the applicant and any successor in interest: (a) All pertinent aspects of the project, including but not limited to exterior seating, exterior design, parking lot landscaping, and signage, will receive approval from the Downtown Design Committee. (b) The applicant shall construct four units in accordance with the submitted floor plans and building materials. The Planning Director may approve minor modifications. (c) The completion of a Solid Waste Management Plan and a plan for the placement of garbage cans to be submitted to and approved by General Services. The applicant shall adhere to the approved plans. (d) The establishment shall be operated in compliance with all applicable codes, ordinances, and regulations of federal, state, and local governments. (e) The applicant shall obtain all required licenses and permits before operation and these licenses and permits shall remain in effect during the operation of the establ ishment. (f) The applicant shall obtain a Subdivision Permit from the City before construction can begin. 3. EXPIRATION OF PERMIT: Unless extended as provided under Section 40-115 of the Code of the City of Portsmouth, Virginia (2006), the housing use permit shall expire for any portion of the approved project for which building permits have not been issued if the applicant fails to apply for all building permits for the entire project within one year of the adoption of this resolution. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the permit by the City Council." Ayes: Heretick, Moody, Psi mas, Randall, R. Smith, Holley Nays: None Abstain: D. Smith (His brother Jim Smith is involved in the development of this project) Motion by Mr. Moody, and seconded by Ms. Randall, to adopt the following ordinance approved on first reading at the November 27, 2007 meeting, and was adopted by the following vote: