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November 12, 2024
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<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.
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<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.
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<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.
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<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.
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<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 a shipping container/chassis storage
<br />yard on a parcel having an address of 3015 Airline Boulevard (Tax Parcel 0574-0030),
<br />the said property being more particularly described as:
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<br />UP-24-10
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<br />3015 Airline Boulevard
<br />(Tax Parcel 0574-0030)
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<br />ALL THAT certain piece, or parcel of land situate, lying and being in the City of
<br />Portsmouth, Virginia, designated as PARCEL “B, 5.355 AC”, on that plat entitled
<br />“CORRECTED MINOR SUBDIVISION OF TAX PARCELS 05740030, 05740060 &
<br />05740100, PORTSMOUTH, VIRGINIA”, which plat is duly recorded in the Clerk’s Office
<br />of the Circuit Court of the City of Portsmouth, Virginia, in Map Book 20, at Page 79.
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<br />IT BEING the same property conveyed to Berner Properties 3015 Airline LLC by Special
<br />Warranty Deed from Coastline Properties, L.L.C. dated September 29, 2915 and
<br />recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virgina as
<br />Instrument Number 150009341.
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<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:
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<br />(a) The development shall be in substantial compliance and conformity with the
<br />concept plan entitled “PHYSICAL SURVEY PARCEL ‘B’” prepared by Brian J. Layne
<br />dated September 11, 2015, and revised by Leif Berner, except where modifications may
<br />be required due to improvements recommended by the Traffic Impact Analysis, as well
<br />as to comply with all applicable local, state, and federal codes and regulations.
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<br />(b) In addition to all applicable general standards, the use shall be designed and
<br />operated in accordance with the use-specific standards for shipping container/chassis
<br />storage yard uses outlined in Section 40.2-217(H)(3)(b) of the Zoning Ordinance.
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<br />(c) Without limitation, prior to initially operating the use, the applicant shall install
<br />digital video equipment with recording devices and capability sufficient to include date
<br />and time that recording is made with surveillance coverage encompassing the front,
<br />sides, and rear exteriors of the use for twenty-four (24) hours a day, seven days a week.
<br />Recorded data must be maintained in a condition permitting review of the information for
<br />a period of no less than thirty (30) days.
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