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R-14-10 A RESOLUTION GRANTING A USE PERMIT (UP-14-02) TO REBKEE PARTNERS SCOTT, LLC TO CONSTRUCT A CONVENIENCE STORE WITH GAS SALES AT 1098 FREDERICK BOULEVARD. WHEREAS, Rebkee Partners Scott, LLC, contract purchaser of the subject property, has made application pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to construct a convenience store with gas sales at 1098 Frederick Boulevard, Portsmouth, Virginia; and WHEREAS, Wal-Mart Real Estate Business Trust, the owner of the property, has consented to the filing of the application; 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: That it finds that the use for which the permit is sought: (a) Complies with the applicable standards of the Zoning Ordinance; (b) Is consistent with the comprehensive plan; (c) Is compatible with the character of surrounding lands and the uses permitted in the subject property's zoning district; (d) Is configured to minimize adverse effects, including the visual impacts of the proposed use on adjacent lands; (e) Avoids significant deterioration of water and air resources, and other natural resources; (f) Maintains safe and adequate egress and ingress onto the site and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in their zoning district(s); (h) Complies with all other city, state, and federal laws and regulations. 2. That Rebkee Partners Scott, LLC is hereby granted a use permit pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to construct