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March 26, 2013 <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 permitted in <br />the subject property's zoning district; <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />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 lands to <br />develop the uses permitted in their zoning district(s); <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That Kroger Limited Partnership I is hereby granted a use permit pursuant to <br />Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to construct a <br />Large Retail Development (Single Tenant Building) at 2900 Turnpike Road, Portsmouth, <br />Virginia, and being more particularly described as: <br />U P-13-02 <br />2900 Turnpike Road <br />Beginning at a point at the eastern corner of Frederick Boulevard and Turnpike Road; <br />thence, in a northerly direction 782.33'+/- to a point; thence, in a southeasterly direction <br />62.63'+/- to a point; thence, in a northeasterly direction 201.27"+/- to a point; thence, in <br />a southeasterly directions 116.62' +/- to a point; thence, in a northeasterly direction <br />416.14'+/- to a point; thence, in a southeasterly direction 140.40' +/- to a point; thence, <br />in a southwesterly direction 57.11'+/- to a point; thence, in a southeasterly direction <br />919.58'+/- to a point; thence, in a southwesterly direction 1147.09'+/- to a point; thence, <br />in a northwesterly direction 70.36'+/- to a point of the beginning. <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) Development of the property shall be in substantial conformity with the Concept <br />Site Plan (CP-15) dated December 20, 2012 prepared by Robertson Loia Roof <br />Architects and Engineers and the Elevations prepared by CR architects & design dated <br />December 19, 2012, except for such minor modifications as may be necessary during <br />the review and approval of the Site Plan to comply with the Zoning Ordinance <br />requirements and other requirements of the City Code. <br />