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72 A RESOLUTION GRANTING A USE PERMIT TO PORTSMOUT~ PORT AND INDUSTRIAL COMMISSION AND M. SHAWVER ASSOCIATES, INC., TO OPERATE A COAL LOADING FACILITY ON PROPERTY LOCATED IN THE PINNERS POINT AREA NORTH OF SCOTTS CREEK. WI{EREAS, Portsmouth Port and Industrial Commission, by M. Shawver Associates, Inc., option holder, has made application pursuant to Section 40-69[b) of the Code of the City of Portsmouth, Virginia, 1973, for the granting of a use permit as hereinafter-described; and W~EREAS, the applicant and the Planning Director have done all things required to be done in connection with said application. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the use for which the use permit hereinafter is sought: (a) Will not adversely affect the health and safety of persons residing and working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in %he neighbor- hood; and (c) Will be in accord with the purposes of the Zoning Chapter of the City Code. 2. That the Portsmouth Port and Industrial-Commission and M. Shawver Associates, Inc., are hereby granted a use permit pursuant to Section 40-69(b) of the Code of the City of Ports- mouth, Virginia, 1973, to operate a coal loading facility on the property described in "Exhibit A" attached hereto. 3. This use permit is approved subject to the conditions: (a) The coal loading facility will have a capacity of five million tons (5,000,000) per year. following maximum (~) The coal loading facility will be constructed and operated in accordance with the document entitled "Proposal For Portsmouth Coal Terminal At Pinners Point", dated June 9, 1981, unless otherwise modified by conditions contained herein or by a proposed alternative acceptable to the City of Portsmouth or its designated representative.