Minutes 10/10/2023 - Laserfiche WebLink

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October 10, 2023 (h) All local, state, and federal licenses and permits required for operation of the entertainment establishment must be obtained prior to commencement of the use and must be maintained in good standing for so long as the use continues. Without limitation, the suspension, termination, or surrender of an ABC license for the entertainment establishment shall, at the discretion of City Council, constitute grounds for City Council to revoke this use permit. (i) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning Ordinance, which provides that this Use Permit may automatically expire and become void if certain conditions set forth therein are not satisfied within two (2) years of the date of approval by City Council. (j) The owners and/or operators of the establishment shall not violate any laws of the Commonwealth or ordinances of the City related to peace and good order, nor suffer repeated or chronic violations by patrons or customers. If the Chief of Police, in their discretion, determines that there are significant violations of this type so as to comprise a significant law enforcement issue, they may notify the applicant in writing and provide a copy of such notice to the Zoning Administrator, which may result in the initiation of proceedings for the revocation of this Use Permit. This clause is not to be construed as a limitation or waiver of any other grounds for revocation of this Use Permit under the Zoning Ordinance or the terms hereof. (k) In accordance with Zoning Ordinance Sec. 40.2-533(L), this Use Permit may be revoked by City Council after conducting a public hearing. The permit may be revoked if Council finds: (i) The Use Permit was obtained or extended by fraud or deception; (ii) The applicant has failed to comply with one or more of the conditions of approval; (iii) There is a change in conditions affecting the public health, safety, and welfare, since adoption of the Use Permit; or (iv) There are repeated violations of the Zoning Ordinance by the holder of the Use Permit, related to the development approved by the Use Permit. REVOCATION OF PERMIT: 7. Violation of any of the conditions set forth herein may serve as grounds for revocation of the use permit by City Council.” Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover Nays: None (d) UP-23-18 VICTORY CROSSING SHOPPING CENTER - Resolution granting the request of George Williams for a Use Permit to operate an entertainment establishment on the approximately 9.48-acre parcel located at 4010 Victory Boulevard in Suite 4012 C of the Victory Crossing Shopping Center in the General Mixed-Use (GMU) zoning district. The Future Land Use Map of the Build One Portsmouth Comprehensive Plan designates this property for commercial type land uses. The property is owned by Victory Crossing Marketplace LLC (Christopher Lee). Planning Commission recommends approval with conditions. 1. JoAnn Clarke, 4717 Thornwood Street, spoke in opposition to this item. Motion by Mr. Barnes, and seconded by Dr. Whitaker, to defer Item UP-23-18 to the October 24, 2023, City Council Meeting, and was adopted by the following vote: Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover Nays: None