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September 26, 2017 <br /> <br />- Unfinished Business - <br /> <br />17 - 389 - Use permit: <br /> <br /> Motion by Ms. Psimas, and seconded by Ms. Lucas-Burke, to adopt the following <br />resolution approved on first reading at the September 12, 2017 meeting, and was adopted <br />by the following vote: <br /> <br />17-389: <br /> <br />“RESOLUTION GRANTING A USE PERMIT (UP-17-09) TO MCDONALD’S <br />CORPORATION MODIFYING CERTAIN STANDARDS OF THE UPTOWN D2-FORM <br />BASED CODE DISTRICT IN ACCORDANCE WITH SECTION 203(D) OF APPENDIX B <br />TO CHAPTER 40.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) <br />BY AUTHORIZING THE INSTALLATION OF NEW BACKLIT SIGNAGE AT 801 <br />LONDON BOULEVARD. <br /> <br /> <br />WHEREAS, <br /> McDonald’s Corporation, by and through its agent Edwin Coval, has <br />made application pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, <br />Virginia (2006) for the granting of a use permit modifying certain standards of the Uptown <br />D2-Form Based Code District in accordance with Section 203(D) of Appendix B to <br />Chapter 40.1 of the Code by authorizing the installation of new backlit signage at 801 <br />London Boulevard, Portsmouth, Virginia; and <br /> <br />WHEREAS <br /> , the applicant and the Planning Director have done all things required <br />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 Portsmouth, <br />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 the <br />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 McDonald’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) modifying <br />certain standards of the Uptown D2-Form Based Code District in accordance with Section <br />203(D) of Appendix B to Chapter 40.1 of the Code by authorizing the installation of new <br />backlit signage at 801 London Boulevard, Portsmouth, Virginia, being more particularly <br />described as: <br /> <br /> <br /> <br /> <br />