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February 14, 2023 <br /> <br />(b) UP-22-19 CHURCHLAND - Resolution granting the request of Daniel <br />Heatwole, of the Port LLC, to renew an expired Use Permit to <br />construct a 192-unit multi-family apartment community on <br />approximately 10.34 acres at a density of 18.59 units per acre <br />located at 5601 High Street and a 40-unit multi-family apartment <br />community on approximately 2.16 acres at a density of 18.52 units <br />per acre located at 3109 Tyre Neck Road. The property at 5601 <br />High Street is zoned High Intensity Mixed-Use (MU-H) and 3109 <br />Tyre Neck Road is zoned Multi-Family Urban Residential (UR-M). <br />The Build One Portsmouth Comprehensive Plan’s Future Land Use <br />Map designates both properties for Commercial use. The <br />properties are owned by The Port LLC. Planning Commission <br />recommends approval with amended conditions. <br /> <br />1. Rob Beamon, 222 Central Park Avenue, Virginia Beach, presented the application. <br /> <br />2. JoAnn Clarke, 4717 Thornwood Street, spoke in opposition to this item. <br /> <br />3. Donna Biggs, 3104 Garland Drive, spoke in opposition to this item. <br /> <br />4. Ursula Murphy, 2001 Elmhurst Lane, inquired about affordability. <br /> <br />5. William Dodson, 801 Mimosa Road, voiced his concern with the planning application <br /> process. <br /> <br /> <br /> Councilman Whitaker asked that the City Manager provide information as to whether <br />developers have a Minority Contracting Participation Plan. <br /> <br />Motion by Mr. Tillage, and seconded by Mr. Hugel, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION GRANTING A USE PERMIT (UP-22-19) TO THE PORT, LLC TO (1) <br />CONSTRUCT AND OPERATE A 192-UNIT MULTI-FAMILY APARTMENT <br />COMMUNITY AT 5601 HIGH STREET AND (2) CONSTRUCT AND OPERATE A 40- <br />UNIT MULTI-FAMILY APARTMENT COMMUNITY AT 3109 TYRE NECK ROAD. <br /> <br /> <br />WHEREAS <br /> , The Port, LLC, the owner of the subject properties, has made <br />application pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia <br />for the granting of a use permit to (1) construct and operate a 192-unit multi-family <br />apartment community at 5601 High Street (Tax Parcel 0814-0010) and (2) construct and <br />operate a 40-unit multi-family apartment community at 3109 Tyre Neck Road (Tax Parcel <br />0815-0020); and <br /> <br />WHEREAS <br /> ,a prior Use Permit granted for the same use on October 13, 2020 has <br />expired and is of no further force or effect; and <br /> <br />WHEREAS <br /> , the applicant and the Planning Director have done all things required <br />to be done in connection with this new application; and <br /> <br />WHEREAS <br /> , the Planning Commission has recommended the approval with <br />conditions of the application for a use permit. <br /> <br />NOW THEREFORE BE IT RESOLVED <br /> by the Council of the City of Portsmouth, <br />Virginia: <br /> <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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br />