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April 27, 2021
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<br />NOW THEREFORE BE IT RESOLVED
<br /> by the Council of the City of Portsmouth,
<br />Virginia:
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<br /> 1. That it has reviewed and considered the application materials, the City staff
<br />report, the proceedings and recommendation of the Planning Commission, all comments
<br />made at the public hearing, and the discussion of the Council regarding the application.
<br />
<br /> 2. That it has considered factors it deemed applicable and consistent with the
<br />Code of Virginia, which may include, without limitation, the nature, extent, external effects,
<br />location, design or method of operation of the requested use, the City’s comprehensive
<br />plan, and the public health, safety, and general welfare.
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<br /> 3. That it has considered the imposition of conditions regarding the location,
<br />character, and other features of the proposed use and finds and determines that the
<br />conditions imposed by this Resolution are necessary to ensure compliance with the
<br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse
<br />effects from the proposed use.
<br />
<br /> 4. That based on its review and consideration, it has determined that the use
<br />GRANTED WITH CONDITIONS
<br />permit requested by the subject application should be
<br />as provided in this Resolution.
<br />
<br /> 5. That D&K Builders, LLC is hereby granted a use permit pursuant to Section
<br />40.2-533 of the Code of the City of Portsmouth, Virginia to construct and operate a multi-
<br />family dwelling development with not to exceed 280 units at 4358 Greenwood Drive, Tax
<br />Parcel 0559-0010, being more particularly described as:
<br />
<br />UP-21-03
<br />
<br />4358 Greenwood Drive
<br />(Tax Parcel 0559-0010)
<br />
<br />ALL THAT certain tract, piece, or parcel of land, with the improvements thereon and the
<br />appurtenances thereto, situate, lying and being in the City of Portsmouth (formerly in the
<br />Deep Creek Magisterial District of Norfolk County), Virginia, as shown on a certain plat
<br />entitled: “SUBDIVISION OF CAVALIER MANOR - SECTION 10, DEEP CREEK
<br />MAGISTERIAL DISTRICT, NORFOLK COUNTY, VIRGINIA”, dated March 1959, made
<br />by Frank D. Tarrall, Jr. & Associates, Surveyors & Engineers, which said plat is duly of
<br />record in the Clerk’s Office of the Circuit Court of the City of Chesapeake, Virginia in Map
<br />Book 41, at page 42, and which said reference to said plat is more particularly bounded
<br />and described as follows:
<br />
<br />BEGINNING at the Northwest corner of Langley Blvd., and Tazewell Street a steel pin,
<br />and from thence running along the West side of Tazewell Street North 6° 21’ East 393.94
<br />feet; thence along the arc of a curve to the right, having a radius of 1932.56 feet, 182.70
<br />feet; thence North 11° 46’ East 102.3 feet; thence along the arc of a curve to the right,
<br />having a radius of 2479.85 feet, 571.32 feet; thence South 65° 02’ East 150.07 feet;
<br />thence North 42° 13’ East 90.92 feet to monument 5; thence North 68° 36’ 53” East 319.50
<br />feet to monument 4; thence North 20° 26’ 56” East 625.41 feet to monument 3; thence
<br />North 33° 47’ 30” East 78.21 feet to monument 2; thence 33° 07’ 52”, previously
<br />erroneously stated as 33° 47’ 30” in prior descriptions, East 365.48 feet to monument 1-
<br />A; thence North 33° 07’ 52” East 55.55 feet to the North side of Langley Blvd; and thence
<br />along the North side of Langley Blvd. South 82° 54’ East 719.47 feet to Tazewell Street,
<br />the point of beginning.
<br />
<br />IT BEING the same property conveyed to Cavalier Manor Development Group, LLC by
<br />Deed from Southern Bank and Trust Company dated May 14, 2020 and recorded in the
<br />Portsmouth Circuit Court Clerk’s Office as Instrument Number 202005595.
<br />
<br /> 6. That the use permit is approved subject to the following conditions which
<br />shall be observed by the applicant and any successor in interest:
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