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November 26, 2013 <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br />(f) Maintains safe and adequate egress and ingress onto the site and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring lands to <br />develop the uses permitted in their zoning district(s); <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That the applicant is hereby granted a use permit pursuant to Section <br />40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct afive- <br />story, 123,000 square foot, building with 134 dwelling units on the subject property, <br />which is more particularly described as: <br />UP-13-13 <br />800 and 805 Crawford Street <br />Beginning at a point on the east right-of-way line of Guardian Court (formerly Middle <br />Street), which point is S02°57'36"E 130.25 feet from the southeastern intersection of <br />the right-of-way lines of Guardian Court and Columbia Street; thence N87°04'02E <br />236.94 feet to a point; thence in a southerly direction along an arc to the left of radius 90 <br />feet, 111.53 feet to a point; thence in a westerly direction along an arc to the right of <br />radius 340 feet, 251.52 feet to a point; thence S86°36'35"W 25.25 feet to a point; thence <br />N03°38'50"W 193.67 feet to the point of beginning. <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br />(a) The site shall be developed in substantial compliance with the concept plans, <br />titled "Crawford Street Apartments" and prepared by Timmons Group, dated September <br />20, 2013 (revision date), and the Architectural Plans prepared by Humphreys & <br />Partners Architects L.P., dated September 17, 2013, except as may be modified to <br />comply with the conditions approved by the Planning Commission as part of the Type II <br />Development Plan review (TSR-13-03) and minor modification required for compliance <br />with the Portsmouth City Code during site plan review and approval. A copy of the <br />concept plans and the Architectural Plans, with required modifications, shall be filed in <br />the Department of Planning. <br />(b) The financing, marketing, operation, and management of this project shall only <br />be as a market rate residential facility. <br />(c) Taxes and fees associated with the property shall be paid when due. <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br />13-458 (b) <br />"RESOLUTION GRANTING A USE PERMIT (UP-13-14) TO RECYCLING AND <br />DISPOSAL SOLUTIONS TO INSTALL A POLE SIGN AND A WALL SIGN AT 3325 <br />FREDERICK BOULEVARD. <br />WHEREAS, Recycling and Disposal Solutions has made application pursuant <br />to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) for the <br />granting of a use permit to install a pole sign and a wall sign at 3225 Frederick <br />Boulevard; and <br />