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June 11, 2019 <br /> <br /> Motion by Ms. Lucas-Burke, and seconded by Ms. Psimas, to concur with the <br />recommendation of the Planning Commission that UP-19-07be approved on first reading, <br /> <br />and was adopted by the following vote: <br /> <br />Ayes: Clark, Glover, Lucas-Burke, Moody, Psimas, Rowe <br />Nays: Battle <br /> <br />- Unfinished Business - <br /> <br />19 - 193 - Use permit: <br /> <br /> Motion by Mr. Clark, and seconded by Ms. Lucas-Burke, to adopt the following <br />resolution approved on first reading at the May 28, 2019 meeting, and was adopted by <br />the following vote: <br /> <br />19-193: <br /> <br />“RESOLUTION GRANTING A USE PERMIT (UP-19-06) TO PMIG 1021, LLC TO <br />CONSTRUCT AND OPERATE A DRIVE-THROUGH OIL CHANGE FACILITY AT 800 <br />FREDERICK BOULEVARD, TAX PARCEL 0301-0080. <br /> <br /> <br />WHEREAS, <br /> PMIG 1021, LLC, the owner the subject property, by and through its <br />agent Edgar M. Castillo, has made application pursuant to Section 40.1-2.3B of the Code <br />of the City of Portsmouth, Virginia (2006) for the granting of a use permit to construct and <br />operate a drive-through oil change facility at 800 Frederick Boulevard, Tax Parcel 0301- <br />0080; and <br /> <br />WHEREAS <br /> , the applicant and the Planning Director have done all things required <br />to be done in connection with said application; and <br /> <br />WHEREAS <br /> , the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <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 permitted in the <br />zoning district(s) of surrounding lands; <br /> <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />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 road <br />conditions around the site; <br /> <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 /> <br />(h) Complies with all other city, state, and federal laws and regulations. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />