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August 27, 2013 <br />"RESOLUTION GRANTING A USE PERMIT TO MODIFY AN EXISTING DRIVE- <br />THROUGH FAST-FOOD FACILITY AT 2000 VICTORY BOULEVARD. <br />WHEREAS, Blakeway Corporation, on behalf of MacDonald's Corporation, <br />has made application pursuant to Section 40.1-2.3(B) of the Code of the City of <br />Portsmouth, Virginia (2006) for the granting of a use permit to modify an existing drive- <br />through fast-food facility at 2000 Victory 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 permitted in <br />the subject property's zoning district; <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />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 lands to <br />develop the uses permitted in their zoning district(s); <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That MacDonald's Corporation is hereby granted a use permit pursuant to <br />Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to modify an <br />existing drive-through fast-food facility at 2000 Victory Boulevard, Portsmouth, Virginia , <br />and being more particularly described as: <br />U P-13-09 <br />2000 Victory Boulevard <br />Beginning at the north west corner of the intersection of Victory Boulevard and George <br />Washington Highway, then running northeast for a distance of 213 feet along the right- <br />of-way of George Washington Highway, then running northwest for 190 feet, then <br />running southwest for 47 feet, then running west for 53 feet, then running south for a <br />distance of 207 feet, then running 206 feet along the northern right-of-way of Victory <br />Boulevard to the point of beginning. This property is addressed as 2000 Victory <br />Boulevard and is also described as Tax Map 456, Parcel 6. <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br />