Minutes 09/13/2022 - Laserfiche WebLink

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September 13, 2022 (b) UP-22-11 AFTON SHOPPING CENTER - Resolution granting the request of Powerful Minds LLC for a Use Permit for an entertainment establishment in a restaurant for Suites 3938-3940 George Washington Highway in the Afton Shopping Center on approximately 11.28 acres of land located at 3800 George Washington Highway in the General Mixed-Use (GMU) zoning district. The Future Land Use Map of the Build One Portsmouth Comprehensive Plan designates this property as a Mixed-Use Corridor. The property is owned by Afton Associates. Planning commission recommends approval with conditions. 1. Robert Barclay, 200 High Street, presented the application. 2. Coleman Young, 303 Effingham Street, spoke in support of this item. Motion by Mr. Barnes, and seconded by Mr. Woodard, to adopt the following resolution, and was adopted by the following vote: “RESOLUTION GRANTING A USE PERMIT (UP-22-11) TO POWERFUL MINDS LLC TO OPERATE AN ENTERTAINMENT ESTABLISHMENT AT 3800 GEORGE WASHINGTON HIGHWAY (TAX PARCEL 0468-0030). WHEREAS , Powerful Minds LLC has made application pursuant to Section 40.2- 533 of the Code of the City of Portsmouth, Virginia for the granting of a use permit to operate an entertainment establishment at 3800 George Washington Highway (Tax Parcel 0468-0030); and WHEREAS, Afton Associates LLC, the owner of the subject property, has consented to the filing of the application; and WHEREAS , the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS , the Planning Commission has recommended approval with conditions of the application for a use permit. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it has reviewed and considered the application materials, the City staff report, the proceedings and recommendation of the Planning Commission, all comments made at the public hearing, and the discussion of the Council regarding the application. 2. That it has considered factors it deemed applicable and consistent with the Code of Virginia, which may include, without limitation, the nature, extent, external effects, location, design or method of operation of the requested use, the City’s comprehensive plan, and the public health, safety, and general welfare. 3. That it has considered the imposition of conditions regarding the location, character, and other features of the proposed use and finds and determines that the conditions imposed by this Resolution are necessary to ensure compliance with the general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse effects from the proposed use. 4. That based on its review and consideration, it has determined that the use GRANTED WITH CONDITIONS permit requested by the subject application should be as provided in this Resolution. 5. That a use permit is hereby granted pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate an entertainment establishment at 3800 George Washington Highway (Tax Parcel 0468-0030), being more particularly described as: