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May 27, 2025 <br /> <br />(d) The use shall operate in compliance with all applicable Federal Aviation <br />Administration (FAA) Regulations. <br /> <br />(e) The use shall operate in compliance with all requirements imposed by the <br />Department of the Navy from time to time, including without limitation as specified in the <br />letter submitted to the United States Army Corps of Engineers (USACE) in response to <br />the Draft Environmental Assessment (EA) and Draft Finding of No Significant Impact <br />(FONSI) prepared by C. A. Lahti on November 4, 2024. <br /> <br />(f) The use shall operate in compliance with all applicable codes, ordinances, and <br />regulations of federal, state and local government, and all required licenses and permits <br />shall be obtained prior to the commencement of operation and remain in effect during the <br />operation of the proposed use. <br /> <br />(g) All taxes/fees associated with the property shall be paid when due, as determined <br />by the City Treasurer. <br /> <br />(h) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning <br />Ordinance, which provides that this Use Permit may automatically expire and become <br />void if certain conditions set forth therein are not satisfied within two (2) years of the date <br />of approval by the City Council. <br /> <br />(i) In accordance with Section 40.2-533(L) of the Zoning Ordinance, the Use Permit <br />may be revoked by City Council after conducting a public hearing. The permit may be <br />revoked if Council finds: <br /> <br />(i) The Use Permit was obtained or extended by fraud or deception; <br />(ii) The applicant has failed to comply with one or more of the conditions of approval. <br />(iii) There is a change in conditions affecting the public health, safety, and welfare, <br />since adoption of the Use Permit; or <br />(iv) There are repeated violations of \[the Zoning\] Ordinance by the holder of the Use <br />Permit, related to the development approved by the Use Permit. <br /> <br />REVOCATION OF PERMIT: <br />7. Violation of any of the conditions set forth <br />herein may serve as grounds for revocation of the use permit by City Council.” <br /> <br />Ayes: Bryant, Dodson, Hugel, Moody, Thomas, Tillage, Glover <br />Nays: None <br /> <br />- City Manager’s Report - <br /> <br />25 - 138 - Adoption of an ordinance accepting settlement funds in the amount of <br />$28,960.59 from an opioid settlement and appropriating said amount in the FY 2025 <br />Behavioral Healthcare Service Fund for use by BHS for approved abatement <br />purposes as defined by the Virginia Opioid Fund and Settlement Allocation MOU. <br /> <br />Background: <br /> <br /> The City of Portsmouth was one of several Virginia localities to file suit against <br />entities engaged in the manufacture, marketing, promotion, distribution, and dispensing <br />of opioids. <br /> <br /> In 2021 the Commonwealth of Virginia reached a global settlement of claims <br />against many of the opioid entities on behalf of itself and its participating localities, <br />including Portsmouth. The settlement provided for payment of approximately <br />$608,000,000 to the Commonwealth (the “Settlement Funds”) over an 18-year period. <br /> <br /> In order to participate in the Commonwealth’s settlement and receive distributions <br />of a portion of the Settlement Funds, Portsmouth released its claims and entered into a <br />Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of <br />Understanding with the Commonwealth and other localities (the “Settlement MOU”). <br /> <br /> City Council approved the Settlement MOU by Resolution R-21-24 adopted on <br />August 10, 2021. <br /> <br /> <br /> <br /> <br /> <br /> <br />