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October 13, 2020 <br /> <br />TOGETHER WITH an alley twenty feet (20’) in width adjacent to the eastern boundary of <br />Lot number Eighteen (18) described above and extending to the west right-of-way line of <br />the formerly Atlantic Coastline Railroad right-of-way, as shown on the Subdivision Plat. <br /> <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 /> <br />(a) The application materials submitted by developer are for construction of a market <br />rate housing community. The development shall be in substantial compliance with the <br />concept plan entitled The Port Apartments Conceptual Master Plan prepared by Land <br />Planning Solutions dated June 5, 2020 and the rendered concept elevations titled The <br />Port Apartments Phase One and The Port Apartments Phase Two prepared by Cox, <br />Kliewar & Company, P.C. and Ripley Heatwole Company dated March 20, 2020, except <br />where modifications may be required to comply with all applicable local, state, and federal <br />codes and regulations. Without limitation, architectural elevations for the development <br />shall be submitted with the initial site plan submission. <br /> <br />(b) The development shall provide at least the necessary open space set-asides to <br />authorize the density bonus of a maximum additional 0.59 dwelling units per acre to the <br />maximum allowed density in the MU-H zoning district as outlined in Section 40.1-5.8 of <br />the Zoning Ordinance and as designated on The Port Apartments Conceptual Master <br />Plan. <br /> <br />(c) The development, at no cost to the City, shall comply with the recommendations <br />included in the Traffic Impact Analysis prepared by Ripley Heatwole Company and <br />McPherson Consulting, LLC, dated July 2020 as approved by the City Engineer, whether <br />on-site or off-site. <br /> <br />(d) The maximum number of dwelling units to be constructed at 5601 High Street shall <br />not exceed 192 units. <br /> <br />(e) The maximum number of dwelling units to be constructed at 3109 Tyre Neck Road <br />shall not exceed 40 units. <br /> <br />(f) The development shall be constructed and operated in compliance with all <br />applicable codes, ordinances and regulations of federal, state and local government, and <br />all required licenses and permits shall be obtained and remain in effect during the <br />operation of the development. <br /> <br />(g) All taxes/fees associated with the development and the properties shall be paid <br />when due, as determined by the City Treasurer. <br /> <br />REVOCATION OF PERMIT: <br />4. Violation of any of the conditions set forth <br /> <br />herein may serve as grounds for revocation of the use permit by City Council.” <br /> <br />Ayes: Battle, Clark, Glover, Lucas-Burke, Moody, Psimas, Rowe <br />Nays: None <br /> <br />- City Manager’s Report - <br /> <br />20 - 238 - Adoption of an ordinance accepting a grant in the amount of $160,000 <br />from the Office of the Executive Secretary of the Supreme Court of Virginia and <br />appropriating said funds in the FY 2021 Grants Fund for use by the Third Judicial <br />Circuit Court for the Portsmouth Adult Drug Treatment Court. <br /> <br />Background: <br /> <br /> The Portsmouth Adult Drug Treatment Court was established to serve as an <br />intensive treatment program for the purpose of treating nonviolent felony offenders who <br />are dependent upon drugs and/or alcohol. <br /> <br />Discussion: <br /> <br /> <br /> This program was first implemented in 2000. <br /> <br /> <br /> <br /> <br />