Minutes 07/08/2025 - Laserfiche WebLink

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July 8, 2025 442 Douglas Avenue (Tax Parcel 0176-0088) ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Portsmouth, Virginia, and designated as Lot 23 on that certain plat entitled “SUBDIVISION OF PART OF PARCEL A & PARCEL B/HULL’S CREEK AT PORT NORFOLK (M.B. 23, PG. 132) AND LOT 143, LAKE SHORES (M.B. 16, PG. 187)”, prepared by Hoggard/Eure Associates, P.C., dated August 17, 2017, and recorded in the Clerk’s Office of the City of Portsmouth, Virginia in Map Book 25 at Pages 20-23. IT BEING a portion of the property conveyed by Economic Development Authority of the City of Portsmouth, Virginia to Hull’s Creek Properties, LLC by Deed of Bargain and Sale dated August 1, 2012 and recorded in the Clerk’s Office of the City of Portsmouth, Virginia as Instrument Number 120007991. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The development shall be in substantial compliance with the concept plan entitled Preliminary Concept Douglas Avenue prepared by Coastal Developers LLC dated June 2, 2025 and the rendered concept elevations titled Preliminary Elevations Douglas Avenue prepared by Coastal Developers LLC dated March 27, 2005, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations, including City Code Chapter 14.1 (Flood Protection). (b) The proposed development of the subject properties shall not include more than five (5) townhouses. (c) Prior to Site Plan Review approval, a Minor Subdivision plat to subdivide the subject properties into a total of five parcels for townhouses in accordance with City Code Chapter 33.1 (Subdivisions) must have been approved by the City and recorded in the Circuit Court land records. (d) A site plan complying with City Code Chapter 11.1 (Erosion and Stormwater Management) must be submitted to and approved by the City. The site plan must comply with all applicable local, state, and federal codes and regulations. (e) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning Ordinance, which provides that this Use Permit may automatically expire and become void if certain conditions set forth therein are not satisfied within two (2) years of the date of approval by the City Council. (f) In accordance with Section 40.2-533(L) of the Zoning Ordinance, the Use Permit may be revoked by City Council after conducting a public hearing. The permit may be revoked if Council finds: (i) The Use Permit was obtained or extended by fraud or deception; (ii) The applicant has failed to comply with one or more of the conditions of approval. (iii) There is a change in conditions affecting the public health, safety, and welfare, since adoption of the Use Permit; or (iv) There are repeated violations of \[the Zoning\] Ordinance by the holder of the Use Permit, related to the development approved by the Use Permit. (g) The proposed development shall be constructed in compliance with use- specific standards for townhouse dwellings and multi-family dwellings in accordance with Sections 40.2-217(D)(1)(d) and 40.2-217(D)(1)(e) of the Zoning Ordinance. (h) The development shall be constructed in compliance with all applicable codes, ordinances, and regulations of federal, state and local government, and all required licenses and permits shall be obtained and remain in effect during the operation of the development, as applicable.