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March 26, 2013 <br />(b) Development of the property shall be in substantial conformity with the Concept <br />Landscape Plan (CP-15.1) dated December 20, 2012 prepared by Robertson Loia Roof <br />Architects and Engineers, except for such minor modifications as may be necessary <br />during the review and approval of the Site Plan to comply with the Zoning Ordinance <br />requirements and other requirements of the City Code. <br />(c) All traffic improvements recommended in the Traffic Impact Assessment (TIA); <br />Mid-City Development, Portsmouth, Virginia prepared by Bryant B. Goodloe for Kroger <br />Mid-Atlantic dated December 20, 2012 shall be made by the applicant at the applicant's <br />expense. These improvements are summarized in Chapter 7, Recommendations of the <br />TIA, and shall be designed and constructed in accordance with City of Portsmouth <br />requirements. Any improvements associated with this project that are not included in <br />the improvements for Turnpike Road proposed by VDOT may be deferred until <br />construction activities are actually undertaken on Turnpike Road. This deferral shall be <br />subject to an agreement and form of surety provided by the applicant acceptable in form <br />and amount to the City Engineer and Planning Director, in consultation with the City <br />Attorney, where necessary. <br />(d) Landscaping improvements consistent with the Frederick Blvd Streetscape <br />Demonstration Project report dated February 2008 and prepared by Frazier Associates <br />shall be made on the proposed development site and the center median, as determined <br />and approved by the Planning Director. <br />(e) The approval of this Use Permit is contingent upon the approval also of UP-13-03 <br />and TSR-13-01. <br />(f) The applicant must obtain and keep current any required operating licenses and <br />shall operate in accordance with federal, state and local regulations. <br />(g) All taxes and fees in connection with the proposed use shall be paid when due. <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br />13-111 (c) <br />"RESOLUTION GRANTING A USE PERMIT (UP-13-03) TO KROGER LIMITED <br />PARTNERSHIP I, TO CONSTRUCT A PHARMACY DRIVE-THRU WINDOW AT 2900 <br />TURNPIKE ROAD. <br />WHEREAS, Kroger Limited Partnership I, contract purchaser of the subject <br />property, has made application pursuant to Section 40.1-2.3B of the Code of the City of <br />Portsmouth, Virginia (2006) for the granting of a use permit to construct a pharmacy <br />drive-thru window at 2900 Turnpike Road, Portsmouth, Virginia; and <br />WHEREAS, the Economic Development Authority of the City of Portsmouth, <br />Virginia, the owner of the property, has consented to the filing of the application; and <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 />