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R -17 -28 <br />A RESOLUTION GRANTING A USE PERMIT (UP- 17 -09) TO MCDONALD'S <br />CORPORATION MODIFYING CERTAIN STANDARDS OF THE UPTOWN D2- <br />FORM BASED CODE DISTRICT IN ACCORDANCE WITH SECTION 203(D) <br />OF APPENDIX B TO CHAPTER 40.1 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) BY AUTHORIZING THE INSTALLATION <br />OF NEW BACKLIT SIGNAGE AT 801 LONDON BOULEVARD. <br />WHEREAS, McDonald's Corporation, by and through its agent Edwin Coval, <br />has made application pursuant to Section 40.1 -2.313 of the Code of the City of <br />Portsmouth, Virginia (2006) for the granting of a use permit modifying certain standards <br />of the Uptown D2 -Form Based Code District in accordance with Section 203(D) of <br />Appendix B to Chapter 40.1 of the Code by authorizing the installation of new backlit <br />signage at 801 London Boulevard, Portsmouth, Virginia; 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 />1. 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 />(f) Maintains safe and adequate egress and ingress onto the site, and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring <br />lands to develop the uses permitted in the zoning districts; and <br />(h) Complies with all other city, state, and federal laws and regulations. <br />