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December 9, 2014 <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 zoning district(s) of surrounding lands; <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 the zoning districts; and <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That Verdad Real Estate, Inc., is hereby granted a use permit pursuant to <br />Section 40.1- 2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct a <br />7- Eleven convenience store with gasoline sales at the northeast corner of the <br />intersection of Effingham Street and Lincoln Street, also referenced as 1811 Effingham <br />Street, Portsmouth, Virginia, and being more particularly described as: <br />UP -14 -15 <br />1811 Effingham Street <br />ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the <br />appurtenances thereunto belonging, lying, being and situated in the City of Portsmouth, <br />Virginia and being known, numbered and designated as "Parcel C" on that certain plat <br />titled "Minor Subdivision Plat of a Portion of Property Owned by City of <br />Portsmouth /Proposed Development Parcels /Effingham Commercial Center /Portsmouth, <br />Virginia ", which said plat was prepared by Parrish Layne Design Group, Engineers <br />Surveyors Planners, is dated July 20, 2014, and was recorded in the Clerk's Office of <br />the Circuit Court for the City of Portsmouth, Virginia in Map Book 23 at Pages 237 and <br />238. <br />BEING a portion of that certain property conveyed to Economic Development Authority <br />of the City of Portsmouth, Virginia by Deed from the City of Portsmouth, Virginia dated <br />July 24, 2014 and recorded in the Clerk's Office of the Portsmouth Circuit Court as <br />Instrument Number 140006910. <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 is subject to the approval of a site plan, as required by the <br />Code of the City of Portsmouth, Virginia (2006). <br />