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<br />January 26. 2010 <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 40-116 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 use permit for the construction of a duplex is hereby granted <br />subject to the following terms and conditions that shall be observed by the applicant and <br />any successor in interest: <br /> <br />(a) The project shall be limited to two (2) residential units. <br /> <br />(b) The applicant shall adhere to the approved site plan, floor plan and building <br />elevations. <br /> <br />(c) The applicant shall submit to the Site Plan Review process. <br /> <br />(d) The applicant shall provide a 15-foot wide Landscaping Group 2 buffer along the <br />rear and side of the property. The buffer strip shall provide opaque screening from the <br />ground to a height of three (3) feet. No structures shall encroach into the landscaping <br />buffer. <br /> <br />(e) Due to the property's location in the Residential Multifamily, RM-60 district, the <br />applicant shall comply with the 10% tree canopy requirement. <br /> <br />(f) The applicant shall be responsible for the cost of establishing and/or upgrading <br />the necessary utilities. <br /> <br />(g) The applicant shall be responsible for the cost of curb, gutter and other right-of- <br />way improvements, as required by the Engineering Department. <br /> <br />(h) All taxes in connection with the proposed use shall be paid when due. <br /> <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-115 of the Code of the City of Portsmouth, Virginia (2006), the use permit shall <br />expire for any portion of the approved project for which building permits have not been <br />issued if the applicant fails to apply for all building permits for the entire project within <br />two years of the adoption of this resolution. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the permit by the City Council." <br /> <br />10-15 (c): <br /> <br />"ORDINANCE AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADOPTING A <br />MASTER TRANSPORTATION PLAN." <br /> <br />10-15 (d): <br /> <br />"ORDINANCE TO REPEAL CHAPTER 33 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) AND TO ADOPT A NEW CHAPTER 33.1 BOTH <br />PERTAINING TO SUBDIVISIONS." <br />