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114 A RESOLUTION GRANTING A USE PE~4IT TO PORTSMOUTH COAL TERMINAL, INC. TO OPERATE A COAL STORAGE FACILITY ON A SITE LOCATED BETWEEN ELM AVENUE, THE SOUTHERN BRANCH OF THE ELIZABETH RIVEA, PARADISE CREEK A~D VICTORY BOULEVARD. WHEREAS, Francis J..Driscoll, Senior Engineer, MMM Design Group, as consultant for Portsmouth Terminal, Inc., has made application pursuant to ~40-69Cb} of the Code of the City of Portsmouth, Virginia, 1973, for the granting of a use permit as hereinafter-described; and WHEREAS, the applicant and the Planning Director have done all things required to. be done in connectf~n with said application. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: t. That the use for which the use permit hereinafter is sought: (a) Will not adversely affect the healtb and safety of persons residing and working in the neigkborhood of the proposed use; (b) Will not be detrimental to injurious to the property or i~provements and the public use or in the neighborhood; Cc) Will be in accord with the purposes of the Zoning Chapter of the City Code. 2. That Portsmouth Coal Terminals, Inc. is hereby granted a use permit pursuant to §40-69(b) of the Code of the City of Portsmouth, Virginia, 1973, to operate a coal storage facility on the property described in Exhibit A attached hereto. 3. This use permit is approved subject to the following conditions: (a) The coal storage facility shall ha~e a maximu~ of 15,000,000 tons per year. (b) The coal storage-facility shall be constructed and operated in accordance with the docu3nent entitled "Narrative Description, Portsmouth Coal Terminal,~ Inc.", dated September 1983, unless otherwise modified by conditions contained herein or by an alternate acceptable to the Council of the City of Portsmouth.