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Minutes 08/25/2026
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Minutes 08/25/2026
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August 25, 2026 <br /> <br />(b) The development shall be in substantial compliance, including with respect to <br />building design and construction materials, with the materials submitted with the Use <br />Permit application, except where modifications may be required to comply with all <br />applicable local, state, or federal codes, ordinances, or regulations. <br /> <br />(c) The development shall be a multi-family dwelling with not more than 82 dwelling <br />units and associated facilities and amenities. <br /> <br />(d) The development shall at all times be operated as, and qualify as, housing for <br />persons 62 years of age or older under federal law and regulations, including the federal <br />Fair Housing Act and 18VAC135-50-210, as the same may be amended from time to <br />time. Should the development remove the 62 years of age or older designation, then to <br />the extent permitted by then-applicable law, an amendment to this Use Permit shall be <br />required. <br /> <br />(e) Usable outdoor amenities, open space, landscaping, and related site <br />improvements shall be provided and maintained in substantial compliance with the <br />approved site plan and current application materials. <br /> <br />(f) The northern driveway shall be limited to egress-only access, and the southern <br />driveway shall function as the full-access driveway, as shown in the approved site plan <br />and current application materials. Any required turn lane, taper, driveway, or right-of-way <br />improvements must be reviewed and approved by the Engineering Department prior to <br />implementation. <br /> <br />(g) The development shall provide not less than one hundred twenty-three (123) off- <br />street parking spaces, including not less than eleven (11) ADA accessible parking spaces, <br />and including at least one (1) accessible EV charging space. The ADA accessible parking <br />spaces and associated ADA ramps, as needed shall be located within reasonable <br />proximity of private entrances. <br /> <br />(h) The development shall include not less than two (2) elevators. <br /> <br />(i) Prior to initially occupying and operating the approved use and so long as the use <br />remains in operation, the owners and/or operators shall install and maintain digital video <br />equipment with recording capabilities sufficient to indicate the date and time that the <br />recording is made. The recording shall provide surveillance coverage encompassing the <br />front, side, and rear exteriors of the property for 24 hours a day, 7 days a week. Recorded <br />data must be maintained in a condition permitting review of the information for a period <br />of no less than thirty days. <br /> <br />(j) Development within the public right-of-way shall be in accordance and compliance <br />with the Portsmouth Bicycle and Pedestrian Plan dated June 2020. <br /> <br />(k) Any revision to the approved site plan must be approved by the Engineering <br />Department prior to implementation. <br /> <br />(l) The proposed development shall be constructed in compliance with all applicable <br />codes, ordinances, and regulations of federal, state, and local government, and all <br />required licenses and permits shall be obtained prior to construction and remain in effect <br />during the operation of the development. <br /> <br />(m) All taxes and fees associated with the property and/or the proposed use must be <br />paid when due, as determined by the City Treasurer. <br /> <br />(n) 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 herein are not satisfied within two (2) years of the date <br />of approval by City Council. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />
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