Minutes 10/10/2023 - Laserfiche WebLink

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October 10, 2023 (c) UP-23-17 COLLINSWOOD - Resolution granting the request of Miguel Roldan for a Use Permit to operate an entertainment establishment as part of a restaurant on a portion of the 2884 Airline Boulevard parcel designated as 2860 Airline Boulevard. The parcel is located in the General Mixed-Use (GMU) zoning district. The Future Land Use Map of the Build One Portsmouth Comprehensive Plan designates this property for mixed-use corridor. The property is owned by Michael Zarpas. Planning Commission recommends approval with conditions. 1. Michael Zarpas, P. O. Box 65041, Virginia Beach, presented the application. 2. JoAnn Clarke, 4717 Thornwood Street, spoke in opposition to this item. Motion by Mr. Barnes, and seconded by Ms. Lucas-Burke, to adopt the following resolution, and was adopted by the following vote: “RESOLUTION GRANTING A USE PERMIT (UP-23-17) TO MIGUEL ROLDAN TO OPERATE AN ENTERTAINMENT ESTABLISHMENT AT 2884 AIRLINE BOULEVARD (TAX PARCEL 0577-0200). WHEREAS , Miguel Roldan (the agent for the contract lessee of the subject property), 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 2884 Airline Boulevard (Tax Parcel 0577-0200); and WHEREAS, Victory West Thrill Park, 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 the 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 2884 Airline Boulevard (Tax Parcel 0577-0200), the said 2884 Airline Boulevard being more particularly described as: