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and operate a coffee shop and restaurant with drive - through service at 5901 West High Street, Portsmouth, Virginia, and being more particularly described as: UP -19 -08 5901 West High Street (Tax Parcel 0816 -0030) ALL THAT certain parcel of land in the City of Portsmouth, Virginia, at the southwest corner of U. S. Route #17 -A (sometimes known as U. S. Route #17 By -Pass) and Route #706 (sometimes known as Tyre Neck Road) more particularly described as follows: Commencing at a Virginia Department of Highways monument at said southwest intersection of U.S. Route #17 -A and Route #706; thence South 14° 40' West along the west line of Route #706 150.00 feet to an iron pin; thence North 77° 35' West 150.00 feet to an iron pin; thence North 14° 40' East 150.00 feet to an iron pin in the southern line of U. S. Route #17 -A; thence South 77° 35' East along the south line of U.S. Route #17A 150.00 feet to the point of beginning. BEING that certain property conveyed to Kabel and Kim, L.L.C. by Special Warranty Deed from Amoco Oil Company, a Maryland corporation, dated July 25, 2001 and record in the Portsmouth Circuit Court Clerk's Office as Instrument Number 011112. 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 development shall be in substantial compliance with the concept plan entitled "Concept Plan for 5901 High Street, Portsmouth, Virginia" prepared by Gaddy Engineering Services dated May 22, 2019 and the rendered concept elevations titled "Starbucks at High Street West and Tyre Neck Road" prepared by Finley Design Architecture and Interiors dated May 14, 2019, except where modifications may be required to comply with all applicable local, state and federal codes and regulations. (b) The development shall be constructed and operated in compliance with Portsmouth City Code Article 40.1 -5.6 (F)(4) Building Orientation,