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97
<br />
<br />AuK~.s~ I34 1973
<br />
<br /> At a regular City Council Public Hearing meeting, held on August 13, 1973, there
<br />were present:
<br />
<br />James W. Holley, Burrell R. Johnson, Isaac W. King, Raymond B. Smith,
<br />Robert W. Wentz, Jr., A. P. Johnson, Jr., City Manager, W. J. O'Brien,
<br />Jr., City Attorney.
<br />
<br />Absent: ~ack P. Barnes~, E. Sannders Early~ ~r;
<br />
<br /> 73-339 Public Hearing on the following rezoning applications, use permits and
<br />Planned Unit Development (PUD) Proposals was held:
<br />
<br /> Zoning Petition Z 73-12 Petition oJ the Portsmoath Redevelopment & Housing
<br /> Authority and Messenger Printing Company.
<br /> following
<br /> Motion of Mr. Johnson and seconded by Mr. Smith, to approve the/ordinance on
<br />reading, was adopted by the following vote:
<br />
<br />first
<br />
<br />"ZONING AMENDMENT ORDINANCE 2 73-12"
<br />
<br />Ayes: Holley, Johnson, King, Smith, Wentz
<br />Nays: None
<br />
<br />Zoning Petition Z 73-14 Petition of Peachtree Associates.
<br />
<br />Mr. Benjamin J. Levy, Attorney, spoke.on Z 73-14, UP 73-1, and PUD 73-1.
<br />
<br /> Motion~of Mr. Johnson and seconded by Mr. Smith, to approve the following ordinance
<br />on first reading, was adopted by the following vote:
<br />
<br />"ZONING AMENDMENT ORDINANCE Z 73-14"
<br />
<br />Ayes: Holley, Johnson, King, Smith, Wentz
<br />Nays: None
<br />
<br />USE PERMIT ~3-1 Petition of Peachtree Associates.
<br />
<br /> Motion of Mr. Smith and seconded by Mr. Johnson, the following resolution was
<br />adopted, and by the following vote:
<br />
<br />"A RESOLUTION GRANTING A USE PERMIT FOR THE OPERATION OF A MARINA LOCATED
<br />ON THE BALLARD PROPERTY PLANNED UNIT DEVELOPMENT (PUD-?3-1).
<br />
<br /> WHEREAS, Peachtree Associates, a partnership, has made application pursuant to
<br />Section 4-2 of the Zoning Ordinance of the City of Portsmouth, 1972, for the granting
<br />of a ase permit as hereinafter described; and
<br />
<br /> WHEREAS, the applicant and the Planning Director have accomplished all transactions
<br />required to be completed in connection with said application; and
<br />
<br /> WHEREAS, the Planning Commission has considered the application for such use permit
<br />and recommended favorable disposition, subject to the conditions hereinafter stated.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia:
<br />
<br /> A. That the Council expressly finds that the use for which the use permit herein
<br />described is sought (1) will not adrsely affect the health or safety of persons residing
<br />or working in the neighborhood of the proposed use, (2) that it will not be detrimental
<br />to the public welfare, and (S) that it will be in accord with the purposes of said Zoning
<br />Ordinance.
<br />
<br /> B. That Peachtree Associates is hereby granted a use permit subject to site plan
<br />restrictions, pursuant to Section 4-2 of said Zoning Ordinanee for the operation of
<br />a marina located on the property described as follows:
<br />
<br />tO
<br />
<br />That portion of property designated as Section VIII on the plat
<br />entitled Ballard ProPerty, dated May 25, 1973 and prepared by
<br />Dudley, Morrisette, and Cedarquist.
<br />
<br /> AND BE IT FURTHER RESOLVED that the granting of said use permit shall
<br />the following restrictions:
<br />
<br />be subject
<br />
<br /> 1. A maximum'of 68 boat slips and/or dock frontage spaces for the marina, as indicat
<br />ed on the Ballard Property PUD preliminary sUbdivision plat date~ August 6, 1973.
<br />
<br /> 2. A maximum of 15 boat slips and/or dock frontage spaces (22%) to be reserved
<br />for transient or overnight (as distinct from monthly or seasonal) rental.
<br />
<br /> S. Retail sales associated with the operation of the marina will be limited to
<br />gasoline, oil and other boating operational necessities.
<br />
<br /> 4. The clubhouse facilities associated with the Ballard PUD Property development
<br />be. of a restricted, rather than general pUblic, access.
<br />
<br /> 5. Parking space must be.prOvided for boat slips and/Or dock frontage space users
<br />at the rate of 1 parking space per Slip or dock frontage space, ~,g. 68 slips and/or
<br />
<br />
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