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July 24, 2012 <br />At a Regular Meeting of the City Council on Tuesday, July 24, 2012, there were <br />present: <br />Mayor Kenneth I. Wright, Vice Mayor Charles B. Whitehurst, Sr., William E. Moody, Jr., <br />Marlene W. Randall, Stephen E. Heretick, Paige D. Cherry, Dr. Curtis E. Edmonds, Sr., <br />City Manager Kenneth L. Chandler, City Attorney G. Timothy Oksman. <br />Reverend Johnnie J. Drake opened the meeting with prayer, which was followed <br />by the Pledge of Allegiance to the Flag. <br />Mayor Wright called the meeting to order and welcomed all in attendance. <br />Motion by Mr. Whitehurst, and seconded by Ms. Randall, to approve the minutes <br />of a Called Meeting of July 10, 2012, and of a Regular Meeting of July 10, 2012, and <br />was adopted by the following vote: <br />Ayes: Cherry, Edmonds, Heretick, Moody, Randall, Whitehurst, Wright <br />Nays: None <br />- Unfinished Business - <br />Consent Agenda: <br />12 - 282 -Rezoning, code amendment, and use permit: <br />Motion by Mr. Whitehurst, and seconded by Mr. Moody, to adopt the following <br />ordinances and resolutions approved on first reading at the July 10, 2012 meeting, and <br />was adopted by the following vote: <br />12-282 (a): <br />"ORDINANCE TO AMEND THE ZONING MAP TO MODIFY THE CONCEPT PLAN <br />AND RELATED MAPS FOR THE VICTORY VILLAGE PROJECT." <br />12-282 (c): <br />"ORDINANCE TO AMEND CHAPTER 40.1 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTIONS 40.1-3.5(C) AND (E)(5) <br />THEREOF PERTAINING TO THE APPROVAL PROCESS FOR CHANGES TO <br />DEVELOPMENT PLANS WITHIN THE MX/EMP ZONING DISTRICTS." <br />12-282 (d): <br />"RESOLUTION GRANTING A USE PERMIT (UP-12-04) TO CHICK-FIL-A, INC., TO <br />OPERATE A RESTAURANT WITH DRIVE-THROUGH SERVICE AT 901 FREDERICK <br />BOULEVARD, 3113 SOUTH STREET, AND 1614 HAMILTON AVENUE. <br />WHEREAS, Chick-fil-A, Inc., by its agent, Horton and Dodd, P.C., has made <br />application pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, <br />Virginia (2006) for the granting of a use permit for the operation of a restaurant with <br />drive-through service at 901 Frederick Boulevard, 3113 South Street, and 1614 <br />Hamilton Avenue, Portsmouth, Virginia; and <br />WHEREAS, under Table 40.1-4.1(A) of the Zoning Code, a use permit is <br />required for a restaurant with drive through service; 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 />