Minutes 02/24/2009 - Laserfiche WebLink

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February 24. 2009 WHEREAS, The Futura Group, LLC, pursuant to Section 40-112 of the Code of the City of Portsmouth, Virginia (2006), as amended, has made application for the granting of a housing use permit (HP-09-01) to construct the remaining 19 residential condominium units of a 37-unit condominium development at 3105 Tyre Neck Road, Portsmouth, Virginia; and WHEREAS, the City Council originally approved Group Housing Use Permit (GHP-04-01) by Resolution R-04-15 on March 23, 2004, and said permit has expired; and WHEREAS, the subject property is furthermore described as: HP-09-01 3105 Tyre Neck Road Beginning at a point 314':t from the southeast corner of Trucker Street and Tyre Neck Road; thence, in a southerly direction 588.04':t to a point; thence, in a northeasterly then southerly direction 697.08':t to a point; thence, in a northerly direction 706.53':t to a point; thence, in a westerly direction 566.27':t to the point of the beginning. and WHEREAS, the Planning Commission has reviewed the submitted application and site plan and has recommended conditional approval of said application; and WHEREAS, the applicants have been informed that approval of the housing permit pursuant to Section 40-116 only grants an exemption from certain requirements for residences as stated in said section and does not constitute a waiver of any other requirement embodied in the City Subdivision Ordinance, the City Zoning Ordinance, or any other applicable local, state or federal law or regulation; and WHEREAS, the applicant is aware that building permits and any other required permit will be issued only upon compliance with the ordinances, laws or regulations applicable thereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That, coupled with the terms imposed by paragraph 2 hereof, the following conditions exist: (a) The proposed project is compatible with surrounding land uses; (b) The density of the project does not exceed the maximum allowable density for the zoning district, and, where applicable, the floor-area ratio of the project does not exceed the maximum allowable floor-area ratio for the zoning district; (c) The project as a whole conforms to applicable requirements for minimum required floor area for dwelling units, minimum allowable area for dwelling units, maximum allowable area for the number of dwelling units, and the maximum allowable area devoted to residential purposes; (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;