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February 14, 2023
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<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.
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<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.
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<br /> 5. That a use permit is hereby granted pursuant to Section 40.2-533 of the
<br />Code of the City of Portsmouth, Virginia to (1) construct and operate a 192-unit multi-
<br />family apartment community at 5601 High Street (Tax Parcel 0814-0010) and (2) to
<br />construct and operate a 40-unit multi-family apartment community at 3109 Tyre Neck
<br />Road (Tax Parcel 0815-0020), the said properties being more particularly described as:
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<br />UP-22-19
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<br />5601 High Street
<br />(Tax Parcel 0814-0010)
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<br />ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto
<br />belonging, situate, lying and being in the City of Portsmouth, Virginia, being Parcel 5-B
<br />as shown on that certain plat entitled “SUBDIVISION OF PARCEL 5 PROPERTY
<br />OWNED BY STERLING CREEK COMMONS LIMITED PARTNERSHIP” a copy of which
<br />is recorded in Map Book 17, page 102 in the Clerk’s Office, Circuit Court, City of
<br />Portsmouth, Virginia.
<br />TOGETHER WITH a non-exclusive easement for Storm Water Facilities as set forth in
<br />Deed of Easement from Industrial Development Authority of the City of Portsmouth,
<br />Virginia, to Sterling Creek Commons Limited Partnership, dated July 1, 1997, recorded
<br />July 29, 1997, in Deed Book 1201, page 1364.
<br />TOGETHER WITH a non-exclusive easement for vehicular and pedestrian passage,
<br />ingress and egress as set forth in Access Drive Construction and Maintenance
<br />Agreement, by and between Cenit Bank, FSB, and Sterling Creek Commons Limited
<br />Partnership, dated May 28, 1998, recorded May 29, 1998, in Deed Book 1225, page 1395.
<br />IT BEING the same property conveyed to The Port, LLC by Special Warranty Deed from
<br />Victory Sterling Creek Commons, LLC dated June 30, 2021 and recorded in the
<br />Portsmouth Circuit Court Clerk’s Office as Instrument Number 202109664.
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<br />3109 Tyre Neck Road
<br />(Tax Parcel 0815-0020)
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<br />ALL THOSE certain lots, pieces or parcels of land situate in Churchland in the Western
<br />Branch Magisterial District of the City of Portsmouth (formerly Norfolk County), Virginia,
<br />and known, numbered and designated on the Plat of The Churchland Land Company as
<br />Lot numbers Eighteen (18) to Thirty-four (34), inclusive, in Block Number Fourteen (14),
<br />which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
<br />Chesapeake (formerly Norfolk County), Virginia, in Map Book 18, page 85 (the
<br />“Subdivision Plat”).
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