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October 9, 2018 <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br /> by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That it finds that the use for which the permit is sought: <br /> <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br /> <br />(b) Is consistent with the comprehensive plan; <br /> <br />(c) Is compatible with the character of surrounding lands and the uses <br />permitted in the zoning district(s) of surrounding lands; <br /> <br />(d) Is configured to minimize adverse effects, including the visual impacts of <br />the proposed use on adjacent lands; <br /> <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br /> <br />(f) Maintains safe and adequate egress and ingress onto the site, and safe <br />road conditions around the site; <br /> <br />(g) Allows for the protection of property values and the ability of neighboring <br />lands to develop the uses permitted in the zoning districts; and <br /> <br />(h) Complies with all other city, state, and federal laws and regulations. <br /> <br /> 2. That the City of Portsmouth, Virginia is hereby granted a use permit <br />pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to <br />construct and operate a 300 foot communications tower at 2017 Frederick Boulevard, <br />Portsmouth, Virginia, Tax Parcel 0165-0021, being more particularly described as: <br /> <br />UP-18-05 <br /> <br />2017 Frederick Boulevard <br />(Tax Parcel 0165-0021) <br /> <br />THAT certain parcel of land consisting of approximately 4.74 acres, having a current <br />street address of 2017 Frederick Boulevard and a current Tax Parcel designation of <br />0165-0021, and generally bounded by Interstate 264 to the south, Frederick Boulevard to <br />the west, a railroad line to the north, and Tax Parcel 0165-0010 to the east. <br /> <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 /> <br />(a) The existing tower will be removed upon completion of the new tower structure <br />and installation of equipment. <br /> <br />(b) The location of the tower and general layout shall be generally in conformity with <br />the plans prepared by KCI Technologies and Motorola Solutions and dated June 14, 2018 <br />(Engineer’s seal), except for minor modifications approved by the Director of Planning or <br />where modifications may be required to comply with the requirements of the City Code. <br /> <br />(c) The height of the communications tower structure shall not exceed 300 feet <br />measured from the ground surface immediately adjacent to the tower, excluding <br />appurtenances and any requirements of the FAA. <br /> <br />(d) A Type B bufferyard as set forth in Section 40.1-5.2(E) of the Portsmouth City Code <br />shall be provided around the tower’s equipment compound where visible from off-site, <br />except at the gate which must be screened in a manner acceptable to the Director of <br />Planning. In addition any generator located on the tower site must be equipped with a <br />sound reduction cover to mitigate any noise impacts on nearby properties. <br /> <br /> <br /> <br /> <br /> <br />