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R-15-11 A RESOLUTION GRANTING A USE PERMIT (UP-15-04) TO CONSTRUCT A RESTAURANT WITH ADRIVE-THROUGH FACILITY AT 1501 FREDERICK BOULEVARD. WHEREAS, Restaurant Property Investors II, LLC, the contract purchaser of the subject property, by and through its agent Donald L. Curry, Jr., 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 restaurant with adrive-through facility at 1501 Frederick Boulevard, Portsmouth, Virginia; and WHEREAS, Midtown Marketplace, LLC, 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: 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; (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 the zoning districts; and (h) Complies with all other city, state, and federal laws and regulations.