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June 8, 2021 <br /> <br /> 5. That Economic Development Authority of the City of Portsmouth, Virginia <br />(or its successors in interest to the property) is hereby granted a use permit pursuant to <br />Section 40.2-533 of the Code of the City of Portsmouth, Virginia to construct and operate <br />a casino gaming establishment at 3630 Victory Boulevard (Tax Parcel 0524-0121), being <br />more particularly described as: <br /> <br />UP-21-06 <br /> <br />3630 Victory Boulevard <br />(Tax Parcel 0524-0121) <br /> <br />ALL THAT certain lot, piece or parcel of land, with the buildings and improvements <br />thereon, lying, being and situate in the City of Portsmouth, Virginia, and shown as “Parcel <br />C” on that certain plat titled “Resubdivision Plat of Victory Crossing/Portsmouth, Virginia” <br />prepared by American Engineering Associates – Southeast, P. A. Inc., dated January 27, <br />2021, and recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, <br />Virginia in Map Book 26, Pages 68-70. <br /> <br />The said parcel being bounded on the southwest by the right-of-way of Victory Boulevard, <br />on the northwest by the right-of-way of Cavalier Boulevard, on the northeast by Outparcel <br />A (as shown on the referenced plat), McLean Street, and Outparcel B (as shown on the <br />referenced plat), on the southeast by the right-of-way of Campus Drive, and on the south <br />by the right-of-way of Freedom Avenue. <br /> <br /> 6. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) All offsite road improvements required to support the proposed development in <br />accordance with the Virginia Department of Transportation (VDOT) Chapter 527 Traffic <br />Impact Analysis and Technical Appendix for the Victory Village Entertainment District <br />shall be completed in compliance with Code of Virginia § 15.2-2222 and that certain <br />Portsmouth Entertainment District Zoning Application/Traffic Infrastructure Agreement by <br />and between Economic Development Authority of the City of Portsmouth and Portsmouth <br />Gaming Holdings, LLC dated as of September 15, 2020, as the same may be amended <br />from time to time by the parties. <br /> <br />(b) The casino gaming establishment use is subject to approval of a casino gaming <br />license by the Virginia Lottery Department for the right to operate a casino in Portsmouth. <br /> <br />(c) The casino gaming establishment use shall comply with the standards set forth in <br />Chapter 41 of Title 58.1 of the Code of Virginia as well as Section 40.2-208(E) of the <br />Portsmouth Zoning Ordinance. <br /> <br />(d) The development shall comply with the adopted master plan for the Entertainment <br />Overlay District to which the property is subject, unless amended in accordance with <br />Section 40.2-208(E)(7) of the Portsmouth Zoning Ordinance. <br /> <br />(e) The development of the site shall be in substantial conformity with the concept plat <br />titled “Rivers Casino Portsmouth Colored Master Plan Exhibit” prepared by Kimley Horn <br />and dated February 19, 2021, except for modifications required to comply with local, state <br />or federal laws or regulations during the site plan review and approval process. <br /> <br />(f) The development of the site shall be in substantial conformity with the architectural <br />elevations and proposed materials titled “Rivers Casino Portsmouth Architectural <br />Renderings” prepared by Klai Juba Wald Architecture and Interiors, except for <br />modifications required to comply with local, state or federal laws or regulations during the <br />site plan review and approval process. <br /> <br />(g) The development shall be constructed in compliance with all applicable codes, <br />ordinances, and regulations of federal, state, and local government, and all required <br />licenses and permits shall be obtained and remain in effect during construction of the <br />development. <br /> <br /> <br /> <br /> <br />