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May 26, 2015
<br />
<br />WHEREAS,
<br /> Restaurant Property Investors II, LLC, the contract purchaser of the
<br />subject property, by and through its agent Donald L. Curry, Jr., has made application
<br />pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for
<br />the granting of a use permit to construct a restaurant with a drive-through facility at 1501
<br />Frederick Boulevard, Portsmouth, Virginia; and
<br />
<br />WHEREAS
<br /> , Midtown Marketplace, LLC, the owner of the property, has
<br />consented to the filing of the application; and
<br />
<br />WHEREAS
<br /> , the applicant and the Planning Director have done all things
<br />required to be done in connection with said application; and
<br />
<br />WHEREAS
<br /> , the Planning Commission has recommended the granting of the
<br />application for a use permit with conditions.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED
<br /> by the Council of the City of
<br />Portsmouth, Virginia:
<br />
<br /> 1. That it finds that the use for which the permit is sought:
<br />
<br />(a) Complies with the applicable standards of the Zoning Ordinance;
<br />
<br />(b) Is consistent with the comprehensive plan;
<br />
<br />(c) Is compatible with the character of surrounding lands and the uses permitted in
<br />the zoning district(s) of surrounding lands;
<br />
<br />(d) Is configured to minimize adverse effects, including the visual impacts of the
<br />proposed use on adjacent lands;
<br />
<br />(e) Avoids significant deterioration of water and air resources, and other natural
<br />resources;
<br />
<br />(f) Maintains safe and adequate egress and ingress onto the site, and safe road
<br />conditions around the site;
<br />
<br />(g) Allows for the protection of property values and the ability of neighboring lands to
<br />develop the uses permitted in the zoning districts; and
<br />
<br />(h) Complies with all other city, state, and federal laws and regulations.
<br />
<br /> 2. That Restaurant Property Investors II, LLC is hereby granted a use permit
<br />pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to
<br />construct a restaurant with a drive-through facility at 1501 Frederick Boulevard,
<br />Portsmouth, Virginia, and being more particularly described as:
<br />
<br />UP-15-04
<br />
<br />1501 Frederick Boulevard
<br />
<br />ALL THAT certain parcel of lot, piece or parcel of land, with the improvements thereon,
<br />lying, situate and being in the City of Portsmouth, Virginia, and being known, numbered
<br />and designated as “PARCEL D-2” as shown on that certain plat entitled “SUBDIVISION
<br />OF PARCEL D MIDTOWN MARKETPLACE (MB 23, PG 193), PORTSMOUTH,
<br />VIRGINIA”, dated August 14, 2014, made by MSA, P.C., which said plat is duly
<br />recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth, Virginia in
<br />Map Book 23 at page 244.
<br />
<br />BEING a part of the property conveyed to Midtown Marketplace, LLC by Deed of
<br />Bargain and Sale from Economic Development Authority of the City of Portsmouth,
<br />Virginia dated September 9, 2014 and recorded in the Clerk’s Office of the Circuit Court
<br />of the City of Portsmouth, Virginia as Instrument Number 140008456.
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