Minutes 06/13/2023 - Laserfiche WebLink

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June 13, 2023 WHEREAS , the Planning Commission has recommended the approval 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 granted pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia for a warehouse and light manufacturing use at 1050 University Boulevard (Tax Parcel 0833-0017), being more particularly described as: UP-23-08 1050 University Boulevard (Tax Parcel 0833-0017) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging, labeled as “PARCEL POD-D-6/319,745 Square Feet or 7.340 Acres” as shown on that certain plat titled “Resubdivision Plat of Hampton Roads Crossing Phase 1” dated December 10, 2007 and recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia in Map Book 21 at Pages 201 and 202. IT BEING part of that certain property conveyed to Terry/Peterson Residential Thirty, L.L.C. and Terry/Peterson Investment Thirty, L.L.C. by Deed from HRC, LLC dated February 10, 2006 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 060003467 and by Deed from HRC Mast One, LLC dated September 28, 2022 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 202213824. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The development shall be in substantial compliance with the concept plan entitled Parcel POD-D-6 HRC-Flex-Space Development prepared by AES Consulting Engineers dated March 23, 2023, except where alternate specifications are outlined in these conditions and/or where modifications may be required to comply with all applicable local, state, and federal codes and regulations. (b) The development shall cease all operations that will cause noise, dust, or other nuisance type activities from 6:00 PM to 8:00 AM Monday through Friday and no such activities are permitted on Saturday or Sunday.