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R-16-32 <br />A RESOLUTION GRANTING A USE PERMIT (UP-16-11) TO PANDA <br />RESTAURANT GROUP, INC. TO DEVELOP A RESTAURANT WITH DRIVE- <br />THROUGH SERVICE LOCATED ON AN APPROXIMATELY 0.73 ACRE <br />OUTPARCEL TO BE SUBDIVIDED FROM 1098 FREDERICK BOULEVARD. <br />WHEREAS, Panda Restaurant Group, Inc., the contract purchaser of the subject <br />property, by and through its agent Ingenium Enterprises, has made application pursuant <br />to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for the <br />granting of a use permit to develop a restaurant with drive-through service located on an <br />approximately 0.73 acre outparcel to be subdivided from 1098 Frederick Boulevard, <br />Portsmouth, Virginia; and <br />WHEREAS, Wal-Mart Real Estate Business Trust, the owner of the property, has <br />consented to the filing of the application; and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it finds that the use for which the permit is sought: <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />(c) Is compatible with the character of surrounding lands and the uses <br />permitted in the zoning district(s) of surrounding lands; <br />(d) Is configured to minimize adverse effects, including the visual impacts of <br />the proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other <br />natural resources; <br />(f) Maintains safe and adequate egress. and ingress onto the site, and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring <br />lands to develop the uses permitted in the zoning districts; and <br />(h) Complies with all other city, state, and federal laws and regulations. <br />