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2. That Capital Growth Buchalter is hereby granted a use permit pursuant to <br />Section 40.1- 2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct <br />and operate an approximately 2,300 square foot restaurant with drive - through on a <br />portion of 1817 Frederick Boulevard, the said property being more particularly described <br />as: <br />UP -20 -06 <br />1817 Frederick Boulevard <br />(Tax Parcel 0189 -0320) <br />ALL THAT certain lot, piece or parcel of land, with the <br />appurtenances thereunto belonging, situate, lying and being in the <br />City of Portsmouth. Virginia and labeled as "Residual Parcel D -1" <br />on that certain plat titled "Subdivision ol' Seaboard Square /Phase <br />2/Portsmouth, Virginia" prepared by Horton & Dodd, P.C., dated <br />October 15, 2010, and recorded in the Clerk's Office of the Circuit <br />Court for the City of Portsmouth, Virginia in Map Book 23 at <br />Pages 27 -36. <br />IT BEING the same property conveyed to Portsmouth ARD CGP, <br />LLC by Deed of Bargain and Sale from Portsmouth <br />Redevelopment and Housing Authority dated March 12, 2020 and <br />recorded as Instrument Number 202004626 in the Portsmouth <br />Circuit Court Clerk's Office. <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br />(a) The development shall be in substantial compliance with both the Capital <br />Growth Buchalter Multi- Tenant Concept Plan for 1817 Frederick <br />Boulevard prepared by Vanesse Hangen Brustlin, Inc (VHB) dated <br />September 24, 2020 and the rendered concept elevations titled "Frederick <br />Blvd. 3593" prepared by the NAHRA Design Group, PLLC, dated May 5, <br />2020, except where modifications may be required to comply with all <br />applicable local, state, and federal codes and regulations. Without <br />limitation, architectural elevations for the development shall be submitted <br />with the initial site plan submission. <br />(b) The use authorized by this UP -20 -06 shall be limited to substantially the <br />area of "Lot A" on that certain Multi- Tenant Concept Plan prepared by <br />Vanesse Hangen Brustlin, Inc. (VHB), dated September 24, 2020, and <br />placed on file with the Department of Planning, subject only to <br />modifications to the preliminary lot lines shown on the said Concept Plan <br />as a result of the final platting of the property. A subdivision plat creating <br />