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R-12-32 A RESOLUTION GRANTING A USE PERMIT (UP-12-04) TO CHICK-FIL-A, INC., TO OPERATE A RESTAURANT WITH DRIVE-THROUGH SERVICE AT 901 FREDERICK BOULEVARD, 3113 SOUTH STREET, AND 1614 HAMILTON A VENUE. WHEREAS, Chick-fil-A, Inc., by its agent, Horton and Dodd, P.C., has made application pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit for the operation of a restaurant with drive-through service at 901 Frederick Boulevard, 3113 South Street, and 1614 Hamilton Avenue, Portsmouth, Virginia; and WHEREAS, under Table 40.1-4.1(A) of the Zoning Code, a use permit is required for a restaurant with drive through service; 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 the granting of the application for a use' permit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit 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 cuts which will provide for safe and convenient 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 for the operation of a restaurant with drive-through service at 901 Frederick Boulevard, 3113 South Street, and 1614 Hamilton Avenue, Portsmouth, Virginia, and being more particularly described as: