|
April 11, 2023
<br />
<br />an iron pin; thence north 47 degrees 2 minutes east, 17.73 feet to an iron pin, thence
<br />north 2 degrees 2 minutes east, parallel with Rodman Avenue, 23.99 feet to an iron pin;
<br />thence north 87 degrees 58 minutes west, parallel with Race Street, 84.79 feet to Rodman
<br />Avenue, and thence south 2 degrees 2 minutes west, along the east side of Rodman
<br />Avenue, 108.5 feet to the point of beginning.
<br />
<br />IT BEING “Parcel One” of that property conveyed by that Deed from Atlas NC I SPE, LLC
<br />to Keith Alexander dated November 1, 2019 and recorded in the Clerk’s Office of the
<br />Circuit Court for the City of Portsmouth, Virginia as Instrument Number 190011425.
<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:
<br />
<br />(a) The development shall be in substantial compliance with sheet four of the concept
<br />plan entitled “Proposed Improvements” prepared by Waterfront Consulting, Inc., revised
<br />and dated January 31, 2023, except where modifications may be required to comply with
<br />all applicable local, state, and federal codes and regulations.
<br />
<br />(b) The development shall be in substantial compliance, including with respect to
<br />building design, construction materials, and concept exterior elevations, with those certain
<br />stnd
<br />drawings labeled “1 Floor Plan”, “2 Floor Plan”, “Front Elevation”, “Side Elevation”, and
<br />“Rear Elevation” and attached as pages 22 of 23 and 23 of 23 of the Planning Department
<br />Staff Report for UP-23-01, except where modifications may be required to comply with all
<br />applicable local, state, and federal codes and regulations.
<br />
<br />(c) No more than seven (7) townhouses shall be constructed on the subject property.
<br />
<br />(d) No abutting townhouses shall have the exact same design.
<br />
<br />(e) Prior to obtaining Site Plan Review approval, a Plat of Subdivision subdividing the
<br />subject property into seven (7) parcels for townhouses and complying with all applicable
<br />requirements in Chapter 33.1 of the City Code (Subdivisions) must have been approved
<br />by the City and recorded by the applicant or a successor in interest.
<br />
<br />(f) A site plan in compliance with all applicable local, state, and federal codes and
<br />regulations, including without limitation those set forth in Chapter 31.2 of the City Code
<br />(Stormwater Management) must have been approved by the City prior to commencement
<br />of construction of the development.
<br />
<br />(g) A restrictive covenant shall be placed of record, as part of a broader Declaration
<br />or otherwise, to ensure that no trash cans shall be stored in the front yard of any
<br />townhouse.
<br />(h) The development shall be constructed in compliance with all applicable codes,
<br />ordinances and regulations of federal, state and local government, and all required
<br />licenses and permits shall be obtained prior to construction and remain in effect during
<br />the operation of the development.
<br />
<br />(i) All taxes/fees associated with the property and/or the proposed use must be
<br />paid when due, as determined by the City Treasurer.
<br />
<br />(j) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning
<br />Ordinance, which provides that this Use Permit may automatically expire and become
<br />void if certain conditions set forth therein are not satisfied within two (2) years from the
<br />date of approval by City Council.
<br />
<br />REVOCATION OF PERMIT:
<br />7. Without limitation, violation of any of the
<br />conditions set forth herein may serve as grounds for revocation of the use permit by City
<br />Council. See Section 40.2-533(L) of the Zoning Ordinance.”
<br />
<br />Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover
<br />Nays: None
<br />
<br />
<br />
<br />
<br />
<br />
|