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<br />June 10. 2008 <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 development of 42 dwelling units at 739 <br />High Street is hereby granted to the applicant subject to the following terms and <br />conditions that shall be observed by the applicant and any successor in interest: <br /> <br />(a) The development shall not exceed 42 dwelling units. <br /> <br />(b) The applicant shall be responsible for the cost of any new water and/or sanitary <br />sewer infrastructure or any improvements to such infrastructure. <br /> <br />(c) Waste management for the development shall be in compliance with all City <br />Code requirements. <br /> <br />(d) The buildings shall be improved in general compliance with the floor plans dated <br />February 5, 2008 and submitted to the Department of Planning on February 5, 2008. <br /> <br />(e) The site shall be developed in general compliance with the site plan dated March <br />7, 2008 and submitted to the Department of Planning on March 7, 2008. Additional <br />street trees shall be provided, as approved by the City's Parks Manager. <br /> <br />(f) The applicant shall either provide proof of purchase of 711 King Street (parking <br />lot) or proof of a lease agreement with the Portsmouth Parking Authority for use of a <br />minimum of 104 parking spaces on the property before a Certificate of Occupancy can <br />be issued for any of the residential units. If the applicant leases these parking spaces, a <br />lease with the Portsmouth Parking Authority shall be maintained and a copy of the <br />operating terms and conditions with the property owner shall be provided. <br /> <br />(g) The parking lot and/or parking garage at 711 County Street shall have no <br />vehicular exit onto King Street and all vehicles exiting the structure shall do so onto <br />County Street unless otherwise approved by the City Engineer. <br /> <br />(h) The applicant shall obtain Downtown Design Committee approval of the <br />architectural design for the proposed parking garage prior to development of the <br />garage. <br /> <br />(i) A Traffic Operations Plan for the parking garage shall be submitted by the <br />applicant to the City Engineer for approval prior to the issuance of any building permits <br />for residential units. <br /> <br />(j) The development shall be built in accordance with the development agreement <br />between the applicant and the Portsmouth Redevelopment and Housing Authority. <br /> <br />(k) The project shall be built in compliance with all applicable codes, ordinances, and <br />regulations of federal, state, and local governments. <br /> <br />(I) All required licenses and permits shall be obtained before construction and <br />maintained as required by law. <br />