Minutes 02/24/2009 - Laserfiche WebLink

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February 24. 2009 (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 housing use permit set forth in Section 40-116 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 the remaining 19 residential condominium units of a previously-approved 37 -unit development at 3105 Tyre Neck is hereby granted to The Futura Group, LLC, subject to the following terms and conditions that shall be observed by the applicant and any successor in interest: (a) The total housing project shall be limited to 37 condominium units. (b) The applicant shall construct the condominium units in accordance with the previously-approved floor plans and elevations (combination of brick and vinyl siding) on file in the Planning Department offices. The Planning Director may approve minor modifications to the plan. (c) The applicant shall adhere to the approved landscaping plan. The Planning Director may approve minor modifications to the plan. (d) Street lighting with high pressure sodium fixtures shall be provided in all parking areas in accordance with Illumination Engineer Standards for Roadways. A lighting plan for the development must be approved by the Department of Public Works prior to the issuance of building permits. (e) The applicant shall be responsible for the cost of upgrading the utilities, including water and sewer, for this development. (f) The property shall be fenced with a wrought Iron appearance fence with alternating brick columns. (g) The gazebo for the development shall comply with the issued Chesapeake Bay Exception approved July 6, 2004. (h) Any revisions to the site plan, landscaping plan or elevations made through the Housing Permit process, including any changes by City Council, must be submitted to the Planning Director for approval prior to the issuance of a building permit. (i) The applicant shall comply with all regulations of federal, state and local governments. (j) The applicant shall continue the use of a commercial waste hauler. (k) All taxes and fees owed in connection with the property shall be paid when due. 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 two years 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, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None