Title
Consider Revocation of the Use Permit Issued to Chance's Restaurant and Lounge for a Restaurant 3 in the Downtown Business (DT-1) District at 555 Settlers Landing Road, Suite M and N [Portion of LRSN: 2002960] Due to Violations of Conditions contained in the Use Permit
Purpose
Background Statement:
On March 13, 2024, City Council approved Use Permit Application No. 24-0028 to operate a Restaurant 3 at 555 Settlers Landing Road, Suites M and N, [portion of LRSN: 2002950], the “Location”, subject to twelve (12) conditions. Specifically, the Restaurant 3 use was granted to extend the general hours of operation, extend the hours of indoor live entertainment, and to expand the indoor live entertainment performance area beyond the provisions permitted through a Zoning Administrator Permit (ZAP).
The use permit was granted, subject to twelve (12) conditions based upon the proposed use’s operational and land use characteristics. Highlighted conditions include limitations on the hours of operation, location of Live Entertainment, security, ABC licensing, compliance with laws, window transparency, expiration, and revocation. Pursuant to City of Hampton Zoning Ordinance§ 14-11 and Virginia Code§ 15.2-2309(7), the Hampton City Council, upon recommendation from the Planning Commission, may revoke a use permit for any violation of a term or condition of the use permit, and for repeated continuing violations of the Zoning Ordinance or the Hampton City Code. The City has information demonstrating that violations of the Use Permit have occurred in the following areas: security, ABC compliance, compliance with laws, and window transparency.
Based upon multiple violations of the use permit conditions as outlined above as well as the public safety and welfare concerns associated with the recent restaurant operations, staff recommends Planning Commission approve the request to revoke UP 24-0028 for a Restaurant 3 at the subject property.
Upon receipt of the Planning Com...
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