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<br />AUQust 25. 2009 <br /> <br />- Unfinished Business - <br /> <br />Consent Aqenda: <br /> <br />09 - 416 - Code amendments, rezoning and use permits: <br /> <br />Motion by Mr. Whitehurst, and seconded by Ms. Psimas, to adopt the following <br />ordinances and resolutions approved on first reading at the August 11, 2009 meeting, <br />and was adopted by the following vote: <br /> <br />09-416( a): <br /> <br />"ORDINANCE TO CHAPTER 14 OF THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA (2006) BY AMENDING SECTIONS 14-3, 14-5, 14-6, AND 14-10 THROUGH <br />14-14 THEREOF PERTAINING TO FLOOD PROTECTION." <br /> <br />09-416 (b) <br /> <br />"ORDINANCE TO AMEND CHAPTER 9.1 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTIONS 9.1-2 THROUGH 9.1-4, <br />9.1-7, AND 9.1-9 THROUGH 9.1-13 THEREOF PERTAINING TO THE CHESAPEAKE <br />BAY PRESERVATION AREAS OVERLAY DISTRICT." <br /> <br />09-416 (c) <br />"ZONING AMENDMENT ORDINANCE Z-09-02." <br /> <br />09-416 (d) <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP- 09-07) TO OPERATE <br />ENTERTAINMENT ESTABLISHMENT AT 448 GREEN STREET. <br /> <br />WHEREAS, Carmencita Kelly has made application pursuant to Section 40- <br />43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use <br />permit for the operation of an entertainment establishment at 448 Green Street, <br />Portsmouth, Virginia; and <br /> <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That it finds that the use for which the permit is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or working in <br />the neighborhood of the proposed use; <br /> <br />(b) Will not be detrimental to the public use or InJurious to the property or <br />improvements in the neighborhood; <br /> <br />(c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br />(d) Will be a project that will be developed according to a plan for parking, <br />driveways, and curb cuts which will provide for safe and convenient traffic movement; <br />and <br />