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July 14, 2026
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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.
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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.
<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.
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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 construct one-over-one condominiums,
<br />townhouse dwellings, and multi-family dwellings at 109 Missy Elliott Boulevard (Tax
<br />Parcel 0523-0010), the said property being more particularly described as:
<br />
<br />UP-26-03
<br />
<br />109 Missy Elliott Boulevard
<br />(Tax Parcel 0523-0010)
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<br />THE PARCEL of real property designated as 109 Missy Elliott Boulevard (Tax Parcel No.
<br />0523-0010), and constituting the 30.49 acres, more or less, portion of the following
<br />property that is located to the north and west of Interstate 264: BEING a portion of the
<br />same real estate conveyed to Cygnus Newport – Phase 3, LLC, a Georgia limited liability
<br />company, by Deed from Cygnus Newport, LLC, a Georgia limited liability company, dated
<br />June 14, 2012, recorded June 15, 2012 in the Clerk’s Office, Circuit Court, City of
<br />Portsmouth, Virginia, as Instrument No. 120006305.
<br />
<br />IT BEING that certain property conveyed to Ella Homes Investors Group LLC by Special
<br />Commissioner’s Deed dated January 6, 2025 from Jason A. Dunn, Special
<br />Commissioner, and recorded in the Clerk’s Office of the Circuit Court for the City of
<br />Portsmouth, Virginia as Instrument Number 202500262.
<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 the site plan concept
<br />entitled “New Port – Phase 3 Conceptual Master Plan”, prepared by Land Planning
<br />Solutions, dated March 19, 2026, except where modifications may be required to comply
<br />with all applicable local, state, and federal codes and regulations.
<br />
<br />(b) The development shall be in substantial compliance with the rendered concept
<br />elevations entitled “New Port – Phase 3 Proposed Residential Products and Elevations”,
<br />prepared by Land Planning Solutions, submitted March 24, 2026, except where
<br />modifications may be required to comply with all applicable local, state, and federal codes
<br />and regulations.
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