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R -20 -38 A RESOLUTION GRANTING A USE PERMIT (UP- 20 -05) TO CAPITAL GROWTH BUCHALTER TO CONSTRUCT AND OPERATE AN APPROXIMATELY 2,500 SQUARE FOOT RESTAURANT WITH DRIVE - THROUGH ON A PORTION OF 1817 FREDERICK BOULEVARD (TAX PARCEL 0189 - 0320). WHEREAS, Capital Growth Buchalter, the authorized agent for Portsmouth ARD CGB LLC, the owner of the subject property, 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 and operate an approximately 2,500 square foot restaurant with drive - through on a portion of 1817 Frederick Boulevard (Tax Parcel 0189 - 0320); 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 approval of the application for a use permit. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 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.