Minutes 03/26/2019 - Laserfiche WebLink

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March 26, 2019 Clerk’s Office of the Circuit Court of the City of Portsmouth, Virginia, in Map Book 8, pages 23 and 24. IT BEING all that certain property conveyed to Complex III, a Partnership by Deed of Bargain and Sale from the Portsmouth Redevelopment and Housing Authority dated December 21, 1980 and recorded in Deed Book 798 at Page 457 in the Portsmouth Circuit Court Clerk’s Office. 720 London Street (Tax Parcel 0018-1400) ALL THAT certain lot, piece or parcel of land, situate in the City of Portsmouth, Virginia, more particularly described as follows, to-wit: Beginning at the northeastern corner of the intersection of London and Effingham Streets, which corner is N 3 degrees 26’22” W – 105.01 feet from a chiseled cross in the Southern Project Boundary at the southeastern corner of said intersection; thence from said point of beginning N 3 degrees 26’35” W – 180.65 feet along the eastern right of way line of Effingham Street to a point; thence N 87 degrees 03’ 03” E – 180.00 feet along the southern right of way line of Firehouse Lane (formerly Glasgow Street) to a point; thence S 3 degrees 26’35”E - 181.76 feet along the property line of Parcel 3, to a point; thence N 78 degrees 07’41” W – 5.60 feet along the northern right of way line of London Street to a point; thence continuing along said right of way line S 86 degrees 56’39” W – 174.60 feet to the point of beginning. IT BEING all that certain property conveyed to 720 London, Inc. by Deed of Bargain and Sale from Bank of the Commonwealth dated June 5, 2009 and recorded as Instrument Number 090006463 in the Portsmouth Circuit Court Clerk’s Office. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) All signage shall be in substantial conformity with the signage shown on the conceptual layout prepared by Bohler Engineering, entitled “Governance Plan for Wawa”, and dated January 9, 2019. (b) All required operating licenses, approvals and permits shall be obtained prior to commencement of the use and shall be kept current, and the use shall be operated in accordance with all federal, state and local regulations. (c) All taxes/fees associated with the property and/or the proposed use shall be paid when due. 4. Solely in conjunction with the construction and operation of the use authorized by this Resolution on the property, the following modifications to Zoning Ordinance standards are hereby authorized and approved: (a) Ordinance Standard: Convenience stores with gasoline sales shall have no more than two (2) vehicular access points. Section 40.1-4.3(C)(9)(e)(i) and Section 40.1.4-4.3(C)(9)(c)(iii). Modification Authorized: Three vehicular access points substantially as shown on the conceptual layout prepared by Bohler Engineering, entitled “Governance Plan for Wawa”, and dated January 9, 2019, shall be permitted. (b) Ordinance Standard: Except within industrial districts, fences and walls shall not be permitted in front setback areas, and shall not exceed a height of four feet in the remainder of front yards and eight feet in side or rear yards, unless the fence in the side or rear yard is located within 15 feet of a public right-of-way, in which case it shall not exceed a height of six feet. Section 40.1-5.10(D)(2)(a)(i). Modification Authorized: A solid masonry wall substantially as shown on the conceptual layout prepared by Bohler Engineering, entitled “Governance Plan for Wawa”, and dated January 9, 2019, and metal fencing around the perimeter of the site, shall be permitted.