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2. That Capital Growth Buchalter is hereby granted a use permit pursuant to Section 40.1- 2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct and operate an approximately 2,500 square foot restaurant with drive - through on a portion of 1817 Frederick Boulevard, the said property being more particularly described as: UP -20 -05 1817 Frederick Boulevard (Tax Parcel 0189 -0320) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging, situate, lying and being in the City of Portsmouth, Virginia and labeled as "Residual Parcel D - I" on that certain plat titled "Subdivision of Seaboard Square /Phase 2 /Portsmouth, Virginia" prepared by Horton & Dodd, P.C., dated October 15, 2010, and recorded in the Clerk's Office of the Circuit Court for the City of Portsmouth, Virginia in Map Book 23 at Pages 27 -36. IT BEING the same property conveyed to Portsmouth ARD CGP, LLC by Deed of Bargain and Sale from Portsmouth Redevelopment and Housing Authority dated March 12, 2020 and recorded as Instrument Number 202004626 in the Portsmouth Circuit Court Clerk's Office. 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 both the Capital Growth Buchalter Multi - Tenant Concept Plan for 1817 Frederick Boulevard prepared by Vanesse Hangen Brustlin, Inc (VHB) dated September 24, 2020 and the rendered concept elevations titled "Portsmouth Building Shell, Portsmouth, VA" prepared by the GPD Group, Inc., except where modifications may be required to comply with all applicable local, state, and federal codes and regulations. Without limitation, architectural elevations for the development shall be submitted with the initial site plan submission. (b) The use authorized by this UP -20 -05 shall be limited to substantially the area of "Lot D" on that certain Multi - Tenant Concept Plan prepared by Vanesse Hangen Brustlin, Inc. (VHB), dated September 24, 2020, and placed on file with the Department of Planning, subject only to modifications to the preliminary lot lines shown on the said Concept Plan as a result of the final platting of the property. A subdivision plat creating