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November 26, 2013 <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) The development of the site shall be in substantial conformity with the concept <br />plans titled Royal Farms, 3601 Victory Boulevard prepared by MSA, P.C., dated August <br />16, 2013, and the Architectural Elevations prepared by Ratcliffe Architects, dated <br />August 14, 2013, except as may be necessary to comply with the conditions below and <br />any modification required by the Portsmouth City Code during site plan review and <br />approval. <br />(b) Vehicular access to Rapidan Street shall be prohibited, consistent with the <br />requirements of the Ordinance. <br />(c) A buffer yard consistent with the requirements of Section 40.1-5.2(E) Type C, <br />Option 1 shall be provided along the street frontage of the property adjacent to Rapidan <br />Street. <br />(d) The facility shall be operated in compliance with applicable codes, ordinances <br />and regulations of federal, state and local government and all required licenses and <br />permits shall be obtained and remain in effect during the operation of the convenience <br />store. <br />(e) All taxes/fees associated with the property 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 />Ayes: Cherry, Meeks, Moody, Psimas, Randall, Wright <br />Nays: Edmonds <br />13-458 (d) <br />Motion by Mr. Meeks, and seconded by Ms. Psimas, to adopt the following <br />resolution approved on first reading at the November 12, 2013 meeting, and was <br />adopted by the following vote: <br />"RESOLUTION GRANTING A USE PERMIT (UP-13-16) TO MSA, INC., TO ALLOW <br />PARKING IN EXCESS OF 175% OF REQUIRED PARKING AT 3601 VICTORY <br />BOULEVARD. <br />WHEREAS, MSA, Inc., has made application pursuant to Section 40.1-2.3(B) <br />of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to <br />allow parking in excess of 175% of the required parking in conjunction with the <br />construction of a convenience store with gasoline sales at 3601 Victory Boulevard; 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 />(c) Is compatible with the character of surrounding lands and the uses permitted in <br />the subject property's zoning district; <br />