Minutes 08/26/2014 - Laserfiche WebLink

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August 26, 2014 (e) Avoids significant deterioration of water and air resources, and other natural resources; (f) Maintains safe and adequate egress and ingress onto the site, and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning districts; and (h) Complies with all other city, state, and federal laws and regulations. 2. That Mind Power Enterprise, Inc. is hereby granted a use permit pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to establish a Civic Lodge and Youth Club Facility at 3801 King Street, and being more particularly described as: UP-14-10 3801 King Street ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Portsmouth, Virginia and being known, numbered and designated as Lot C, on that certain plat entitled, "Minor Subdivision of the Property of DW Properties, LLC, Portsmouth, Virginia", dated September 9, 2008, and duly recorded in the Clerk's Office of the City of Portsmouth, Virginia in Map Book 22, at Page 33. BEING the same property conveyed to DWM Properties, LLC by Deed from DW Properties, LLC dated August 5, 2013 and recorded in the Portsmouth Circuit Court Clerk's Office as Instrument Number 130009360. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicants and any successor in interest: (a) The occupant load of the facility shall not exceed 184 persons, including staff and patrons, or an alternative occupancy load as approved by the Building Official, in consultation with the Planning Director. (b) A landscaping plan meeting the criteria of a Type B buffer as required in Section 40.1-5.2 (E) shall be submitted for approval by the Planning Director and installed prior to the issuance of an occupancy permit. In lieu of installing the landscaping, the owner/applicant may provide a bond or other means of surety in a form and amount acceptable to the Planning Director in order to defer installation until the next planting season. (c) The hours of operation shall be limited to Sunday through Thursday from 8 am to 11 pm, and Friday and Saturday from 8 am to midnight. (d) Noise from the establishment shall comply with City Code Section 24-255 (Unlawful Excessive Sound). (e) Events in the banquet area shall be limited to membership organizations and private parties not open to the general public, and such other similar events approved by the Planning Director. (f) The applicant must obtain and keep current any required operating licenses and shall operate in accordance with federal, state and local regulations. (g) All taxes and fees in connection with the proposed use shall be paid when due, as determined by the City Treasurer. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council."