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2. The Wendy's Company is hereby granted a use permit pursuant to Section 40.1- 2.3B of the Code of the City of Portsmouth, Virginia (2006) for a restaurant with adrive- through facility located on approximately one acre of the northern portion of 1409 Frederick Boulevard, and being more particularly described as: UP-14-07 1409 Frederick Boulevard (Portion) Approximately one acre of the northern portion of Parcel D as identified on that certain subdivision plat titled "Subdivision Plat of Midtown Marketplace, Portsmouth, Virginia", prepared by engineering services inc, dated June 26, 2013, and duly recorded in the Clerk's Office of the Circuit Court for the City of Portsmouth, Virginia, in Map Book 23 at Pages 193 and 194. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The proposed development shall be in substantial compliance with the Conceptual Site Layout Plan of Wendy's @ Midtown Marketplace prepared by MSA, P.C. dated March 21, 2014 and the rendered elevations prepared by Ionic DeZign Studios dated March 21, 2014, except where modifications may be required to comply with the City's Ordinance requirements. (b) Landscaping improvements on the site shall be consistent in design and materials with those in the approved plans for the Frederick Boulevard Streetscape Demonstration Project. (c) The applicant must obtain and keep current any required operating licenses and shall operate in accordance with federal, state and local regulations. (d) All taxes and. fees in connection with the proposed use shall be paid when due.