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A ~RESOLUTION GPb~ING A USE PEPJ~IT FOE THE 0I~RATION OF A M~RINA LOCAT.hD ON ~HE BALLARD PROPERTY PI2d'~D UNIT DH ,ZfELOP~2 (PUD-73-1). '~AS, Peachtree Associates, a partnership, has made application pursuant to Section 4-2 of the Zoning Ordinance of the City of Portsmouth, 1972, for the granting of a use permit as hereinafter described; and W]~E&S, the applicant and the Plarming Director have accomplished all transactions required ~o be completed in connection ~[th said application; and %~EREAS, the Planning Commission has considered the application for such use permit and reco~,mmenaed favorable disposition, subject to the condi- tions hereinafter stated. NOW, ~n~J~EFORE, BE tT RESOLVED by the Council of the City of Ports- mouth, Virginia: A. That the Council expressly finds that the use for which the use per~,~t herein described is sought (1) will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, (2) that it will not be detrimental to the public welfare, and (3) that it will be in accord with the purposes of said Zoning Ordinance. B. That Peachtree Associates is hereby granted a .use permit sub- Ject to site plan restrictions, pursuant to Section 4-2 of said Zoning Ordi- nance for the operation of a marina located on the property described as follows: That portion of property designated as Section VIII on the plat entitled Ballard Property, dated I,~ay 25, 1973 and prepared by Dudley, Morrisette, and Cedarquist. ~D B~ IT FLwNI~HER RESOLV~) that the granting of said use permit shall be subject to the following restrictions: 1. A maximum of 68 boat slips and/or dock frontage spaces for the mar~a, as indicated on the Ballard Property PUD' preliminary subdivision plat dated August 6, 1973. 2. A =~uximt~m of 15 boat slips and/or dock frontage spaces (22%) to be reserved for transient or overnight (as distinct from monthly or seasonal) rental.