Laserfiche WebLink
R -17 -17 <br />A RESOLUTION GRANTING A USE PERMIT (UP- 17 -01) TO WENDY'S <br />PROPERTIES, LLC TO CONSTRUCT A RESTAURANT WITH A DRIVE - <br />THROUGH WINDOW AT PROPERTY CONSISTING OF 833 -835 LONDON <br />BOULEVARD, 433 -445 CHESTNUT STREET, AND 818 -828 QUEEN STREET, <br />AND IN CONJUNCTION THEREWITH AUTHORIZING MODIFICATIONS TO <br />CERTAIN STANDARDS OF THE UPTOWN D2 -FORM BASED CODE <br />DISTRICT IN ACCORDANCE WITH SECTION 203(D) OF APPENDIX B TO <br />CHAPTER 40.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA <br />(2006). <br />WHEREAS, Wendy's Properties, LLC, the contract purchaser of the subject <br />property, by and through its agent Lisa M. Murphy, has made application pursuant to <br />Section 40.1 -2.313 of the Code of the City of Portsmouth, Virginia (2006) for the granting <br />of a use permit to construct a restaurant with a drive - through window at property <br />consisting of 833 -835 London Boulevard, 433 -445 Chestnut Street, and 818 -828 Queen <br />Street, Portsmouth, Virginia, and in conjunction therewith the authorization of <br />modifications to certain standards of the Uptown D2 -Form Based Code District in <br />accordance with Section 203(D) of Appendix B to Chapter 40.1 of the Code of the City <br />of Portsmouth, Virginia (2006); and <br />WHEREAS, Portsmouth Redevelopment & Housing Authority, the owner of the <br />property, has consented to the filing of the application; and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />That it finds that the use for which the permit is sought: <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />(c) Is compatible with the character of surrounding lands and the uses <br />permitted in the zoning district(s) of surrounding lands; <br />(d) Is configured to minimize adverse effects, including the visual impacts of <br />the proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other <br />natural resources; <br />