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July 25, 2000
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<br /> WHEREAS, under the provisions of said Ordinance, the rezoning was
<br />conditioned upon certain proffers submitted by the owner of the property, including
<br />review of any proposed project pursuant to the group housing review process,
<br />development of luxury condominiums at a density not to exceed 12 units per acre, and
<br />compliance with certain additional environmental and land use controls; and
<br />
<br /> WHEREAS, the applicant, River Pointe Associates, L.L.C., owner of the subject
<br />property, has made application pursuant to Section 40-112 of the Code of the City of
<br />Portsmouth, Virginia (1988), as amended, for the approval and granting of a group
<br />housing use permit for 102 condominium residential units to be constructed on Section
<br />5 at River Pointe, Portsmouth, Virginia, more particularly described as follows:
<br />
<br />GHP-00-01
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<br />Beginning on the south right-of-way of West Norfolk Road 121.67' west
<br />from its Intersection with the south right-of-way of Southern Drive and
<br />thence westerly along said right-of-way 328.21' and thence southwesterly
<br />460', more or less, and thence northwesterly 346', more or less, and
<br />thence in a southerwesterly direction a total of 1,794', more or less, to
<br />establish the true point of beginning; thence southeasterly 699.23', thence
<br />southeasterly 155.85'; northwesterly 261.63'; thence southwesterly 50';
<br />thence northwesterly 130.36'; thence southwesterly 113'; thence
<br />southeasterly 130.36'; thence northeasterly 65', more or less; thence
<br />northwesterly 261.63'; thence southwesterly 50'; thence northwesterly
<br />130.36'; thence southwesterly 113'; thence southeasterly 130.36'; thence
<br />northeasterly 65', more or less; thence southeasterly 126.86'; thence
<br />southwesterly 44.90'; thence southeasterly 145.26'; thence southwesterly
<br />63.62'; thence northwesterly 394.86'; thence southwesterly 140'; thence
<br />southeasterly 260', more or less, to a point; thence northwesterly 55',
<br />more or less; thence southwesterly 53.40'; thence southerly 54.50'; thence
<br />southeasterly 70'; thence in a southerly direction along a line in Lilly Creek
<br />441.73'; thence in a northwesterly direction along said creek line 703.43';
<br />thence in a northerly direction along said creek line 526.26'; thence
<br />northeast 89.02'; thence northeasterly 51.01'; thence easterly 189'; thence
<br />northeasterly 98.83' to the True Point of Origin.
<br />
<br /> WHEREAS, the Planning Commission has reviewed such application and site
<br />plan submitted therewith and submitted its recommendations to the City Council; and
<br />
<br /> WHEREAS, the applicant has been informed that approval of the group housing
<br />project pursuant to Section 40-116 only grants an exemption from certain requirements
<br />for residences as stated in said section and does not constitute a waiver of any other
<br />requirement embodied in the Subdivision Ordinance, Zoning Ordinance, Code of the
<br />City of Portsmouth, Virginia, or any other applicable local, state or federal law or
<br />regulation; and
<br />
<br /> WHEREAS, the applicant is aware that building permits or any other required
<br />permit will be issued only upon compliance with the ordinances, laws or regulations
<br />applicable thereto.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
<br />Portsmouth, Virginia:
<br />
<br /> 1. That coupled with the terms imposed by paragraph 2 hereof, the following
<br />conditions exist:
<br />
<br />(a) The proposed project is compatible with surrounding land uses;
<br />
<br /> (b) The density of the project does not exceed the maximum allowable
<br />density for the zoning district, and, where applicable, the floor-area ratio of the project
<br />does not exceed the maximum allowable floor-area ratio for the zoning district;
<br />
<br /> (c) The project as a whole conforms to applicable requirements for minimum
<br />required floor area for dwelling units, minimum allowable area for dwelling units,
<br />maximum allowable area for the number of dwelling units, and the maximum allowable
<br />area devoted to residential purposes;
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