Portsmouth approves Newport Phase 2 conditional use permit with time limit and density cap
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Summary
The Planning Commission approved a conditional use permit for Newport Phase 2 with conditions: a three-year expiration from council approval (with prior administrative-extension options discussed), a Parcel B density cap (27.0 du/acre), and surveillance required only if multifamily units operate as rental under common ownership.
The Portsmouth Planning Commission approved a conditional use permit (UP-25-11) for development of Newport Phase 2 at 3741 Elliott Avenue, allowing townhouse and multifamily units in keeping with the Newport master plan, subject to clarified conditions.
Tim Culpepper of Canopy Development said the project conforms substantially to the original master plan, described cleanup and site-preparation work since acquisition, and called the phase "a long-awaited" opportunity to add housing. Melissa Venable of Land Planning Solutions said water lines in Phase 2 will be new and explained three specific requests: a minor density exception for a small Parcel B that would otherwise exceed the 25 dwelling units/acre cap when subdivided, removal of a surveillance requirement for for-sale units, and an extension of the CUP expiration period.
Commissioners questioned infrastructure responsibilities, HOA outreach, student generation estimates, and the ordinance-prescribed two-year expiration for CUPs. Planning staff and City Attorney Jeff Miller explained options: the commission may adopt a four-year expiration or keep two years with administrative one-year extensions; the commission discussed accountability and community notice implications for shorter terms.
Commissioner Melvin moved to approve the CUP with modifications that set the permit expiration for three years after City Council approval, cap Parcel B at 27.0 dwelling units per acre, and require surveillance only "in the event the multifamily units are a rental community under common ownership," with privately owned for-sale units exempt. The commission voted to reconsider and then approved a clarified motion; the final recorded approval was 4-0 with the stated conditions.
The approval allows Newport Phase 2 to proceed into the site-plan and development-review processes, where infrastructure, final site plans, and building permits will be further vetted and conditioned.