Council approves 30‑unit Elm Avenue apartment project despite planning staff concerns

Portsmouth City Council voted 5-1 to rezone 1001 Elm Avenue and approve a 30‑unit apartment project proposed by Satisfied Home Builders, overruling the planning commission's recommendation of denial.

Council members approved the rezoning after the applicant offered a voluntary condition limiting the development to a maximum of 30 units; city staff repeatedly warned the proffer limits density but does not guarantee the final design, materials or appearance of the finished building.

Mark Parker, a representative of Satisfied Home Builders, told council the site has been vacant for more than 20 years and that the company plans a mix of mostly one‑bedroom units aimed at young professionals. “We chose this site, because it's been, you know, revitalized for at least, like, like, last 20 plus years, been vacant,” Parker said during the public hearing. He said the project would include about 30 units and 45 on‑site parking spaces and that the design team intends to price one‑bedroom units below comparable Class A product in the area.

Planning staff, represented at the hearing by Dr. Russell, said the request would increase density above what the surrounding zoning typically permits and that the staff recommendation of denial remained even after the applicant submitted a condition capping units at 30. “The specific prescriptive language in the proffer states the proposed development will be limited to a maximum of 30 units,” Dr. Russell said, but she added the condition “does not guarantee at all that this is the product that would be built,” noting there are no binding design or materials proffers in the application.

Economic development staff and neighborhood supporters urged the council to approve the project as a way to activate a long‑vacant parcel and add tax base. Pamela Wilkins, president of the Westbury Civic League, told council the civic league was generally supportive and that the site is “surrounded by things that families can do,” citing a nearby playground and recreation center.

Opponents raised concerns about density and neighborhood fit. Donna Biggs, speaking from the Woodbine Farms neighborhood, said she feared the building would be “a square box” with limited amenity space and urged adherence to the character of the surrounding area.

Council discussion focused on zoning typologies (T3 versus T4), the meaning of a condition that limits units to 30, and whether the city could or should require binding design standards. Dr. Russell told council the T3 zoning in the surrounding area typically permits about 20 units per acre and that the proposed build of 30 units on the 0.78‑acre parcel equates to roughly 38 dwelling units per acre — a density staff described as “intense for this area.”

After public comment and deliberation, a motion to approve the rezoning and ordinance passed by a 5‑1 vote. No mover or seconder was recorded in the transcript for the final motion; Council recorded the adoption vote as 5 to 1.

The developer and staff will now proceed to engineering review and site plan work; staff reiterated that subsequent approvals (site plan, building permits and any design review) will govern the final development product and that the voluntary unit cap does not guarantee the building will be constructed exactly as the applicant’s preliminary renderings show.

Votes at a glance: Ordinance Z‑24‑04 (rezone 1001 Elm Avenue to permit a 30‑unit multi‑family dwelling) — Approved 5‑1.