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March 26, 2013 <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 />pharmacy drive-thru window at 2900 Turnpike Road, Portsmouth, Virginia, and being <br />more particularly described as: <br />U P-13-03 <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 shall be <br />observed by the applicant and any successor in interest: <br />(a) Development of the drive-through facility on the north end of the building shall be <br />in substantial conformity with the Concept Site Plan (CP-15) dated December 20, 2012 <br />prepared by Robertson Loia Roof Architects and Engineers and the Elevations prepared <br />by CR architects & design dated December 19, 2012, except for such modifications as <br />may be necessary during the review and approval of the Site Plan to comply with the <br />Zoning Ordinance requirements and other requirements of the City Code. The <br />relocation of this drive-through facility during the expansion of the building shall also be <br />approved by this Use Permit, subject to the requirements of the ordinance and Site Plan <br />review and approval. <br />(b) Additional requests for drive-through facilities, other than the relocation of this <br />drive-through due to the expansion, will require an additional Use Permit. <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 />Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright <br />Nays: None <br />- City Manager's Report - <br />13 - 138 -Adoption of an ordinance to appropriate $2,500,000 in the FY 2012-13 <br />Capital Improvement Fund to purchase household recycling carts and collection <br />vehicles to support a comprehensive citywide recycling program. Vision <br />Principle: Change and New Directions. <br />