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October 13, 2020 Motion by Mr. Moody, and seconded by Ms. Psimas, to adopt the following resolution approved on first reading at the September 8, 2020 meeting, and was adopted by the following vote: 20-198(b): “RESOLUTION GRANTING A USE PERMIT (UP-20-04) TO RIPLEY HEATWOLE COMPANY TO (1) CONSTRUCT AND OPERATE A 192-UNIT MULTI-FAMILY APARTMENT COMMUNITY AT 5601 HIGH STREET AND (2) CONSTRUCT AND OPERATE A 40-UNIT MULTI-FAMILY APARTMENT COMMUNITY AT 3109 TYRE NECK ROAD. WHEREAS , Ripley Heatwole Company, the contract purchaser of the subject properties, has made application pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to (1) construct and operate a 192-unit multi-family apartment community at 5601 High Street, Tax Parcel 0814-0010, and (2) construct and operate a 40-unit multi-family apartment community at 3109 Tyre Neck Road, Tax Parcel 0815-0020; and WHEREAS, Victory Sterling Creek Commons, LLC and William Copeland, the owners of the subject properties, have consented to the filing of the application; and WHEREAS , the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS , the Planning Commission has recommended the approval of the application for a use permit. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Complies with the applicable standards of the Zoning Ordinance; (b) Is consistent with the comprehensive plan; (c) Is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; (d) Is configured to minimize adverse effects, including the visual impacts of the proposed use on adjacent lands; (e) Avoids significant deterioration of water and air resources, and other natural resources; (f) Maintains safe and adequate egress and ingress onto the site, and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning districts; and (h) Complies with all other city, state, and federal laws and regulations. 2. That Ripley Heatwole Company is hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to (1) construct and operate a 192-unit multi-family apartment community at 5601 High Street, Tax Parcel 0814-0010, and (2) construct and operate a 40-unit multi-family apartment community at 3109 Tyre Neck Road, Tax Parcel 0815-0020, the said properties being more particularly described as: