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R-14-22 A RESOLUTION GRANTING A USE PERMIT (UP-14-07) TO THE WENDY'S COMPANY FOR A RESTAURANT WITH ADRIVE-THROUGH FACILITY LOCATED ON APPROXIMATELY 1 ACRE OF THE NORTHERN PORTION OF 1409 FREDERICK BOULEVARD. WHEREAS, The Wendy's Company, the 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 for a restaurant with adrive- through facility located on approximately one acre of the northern portion of 1409 Frederick Boulevard; and WHEREAS, the Economic Development Authority of the City of Portsmouth, Virginia, the owner of the property, has consented to the filing of the application; and WHEREAS, the applicants 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) 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 zoning district(s) of surrounding lands; (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; (fj 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 the zoning districts; and (h) Complies with all other city, state, and federal laws and regulations.