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October 24, 2023
<br />
<br />WHEREAS
<br /> , the Planning Commission has recommended the approval with
<br />conditions of the application for a use permit.
<br />
<br />NOW THEREFORE BE IT RESOLVED
<br /> by the Council of the City of Portsmouth,
<br />Virginia:
<br />
<br /> 1. That it has reviewed and considered the application materials, the City staff
<br />report, the proceedings and recommendation of the Planning Commission, all comments
<br />made at the public hearing, and the discussion of the Council regarding the application.
<br />
<br /> 2. That it has considered factors it deemed applicable and consistent with the
<br />Code of Virginia, which may include, without limitation, the nature, extent, external effects,
<br />location, design or method of operation of the requested use, the City’s comprehensive
<br />plan, and the public health, safety, and general welfare.
<br />
<br /> 3. That it has considered the imposition of conditions regarding the location,
<br />character, and other features of the proposed use and finds and determines that the
<br />conditions imposed by this Resolution are necessary to ensure compliance with the
<br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse
<br />effects from the proposed use.
<br />
<br /> 4. That based on its review and consideration, it has determined that the use
<br />GRANTED WITH CONDITIONS
<br />permit requested by the subject application should be
<br />as provided in this Resolution.
<br />
<br /> 5. That a use permit is hereby granted pursuant to Section 40.2-533 of the
<br />Code of the City of Portsmouth, Virginia to operate an entertainment establishment in
<br />Suite 4012C at 4010 Victory Boulevard (Tax Parcel 0526-0022), the said 4010 Victory
<br />Boulevard being more particularly described as:
<br />
<br />UP-23-18
<br />
<br />4010 Victory Boulevard
<br />(Tax Parcel 0526-0022)
<br />
<br />ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
<br />thereon, situate, lying and being in the City of Portsmouth, Virginia, and known, numbered
<br />and designated as “Parcel C-1B-1-B, 412,928 Sq. Ft., 9.480 Ac.” as shown on that certain
<br />plat prepared by Stephen I. Boone & Associates, P.C., entitled “Minor Subdivision of
<br />PARCEL C-1B-1, as shown in Map Book 18, PG. 222-224, Portsmouth, Virginia”, dated
<br />May 11, 2005 and recorded in Map Book 20, pages 151-152 and to which plat reference
<br />is made for a more particular description of the subject property.
<br />
<br />IT BEING that certain property conveyed to Victory Crossing Marketplace, LLC, a Virginia
<br />limited liability company, by Deed from Portsmouth Associates, LLC dated January 25,
<br />2023 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number
<br />202301331.
<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) Without limitation, the establishment shall be maintained and operated in
<br />compliance with the following use-specific standards set forth in Zoning Ordinance Sec.
<br />40.2-217(G)(4)(b).
<br />
<br />(i) Entertainment establishments shall not create unreasonable environmental aspects
<br />such as noise, odor, smoke, vibration, heat, or glare.
<br />(ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful
<br />Excessive Sound.
<br />(iii) Any building housing live entertainment shall include soundproof entryway and exit
<br />doors.
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