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R-04-01 A RESOLUTION GRANTING A USE PERMIT FOR AN EMPTY CONTAINER STORAGE FACILITY AT 800 CONSTITUTION AVENUE. WHEREAS, Hampton Roads Services, L.L.C., has made application pursuant to Section 4043.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to operate an empty container storage facility at 800 Constitution Avenue; and WHEREAS, the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS, the Planning Commission has recommended granting the application for a use permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That the use for which the permit hereinafter-described is sought: (a) Will not adversely affect the health and safety of persons residing or 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 the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cms which will provide for safe and conveniem traffic movement; and (e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That a use permit is hereby granted pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the construction and operation of an empty container storage facility, and being more particularly described as a portion of property owned by CSX Transportation at 800 Constitution Avenue, but specifically excluding all property for which a use permit to operate a trucking company without storage was approved by City Council on October 28, 2003. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: