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June 11, 2019 <br /> <br /> 2. That PMIG 1021, LLC is hereby granted a use permit pursuant to Section <br />40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct and operate <br />a drive-through oil change facility at 800 Frederick Boulevard, Portsmouth, Virginia, Tax <br />Parcel 0301-0080, being more particularly described as: <br /> <br />UP-19-06 <br /> <br />800 Frederick Boulevard (Tax Parcel 0301-0080) <br /> <br />ALL THAT certain tract or parcel of land situate in the City of Portsmouth, in the <br />Commonwealth of Virginia, being more particularly described as follows: <br /> <br />Beginning at the iron pin marking the southwest corner of Air Line Boulevard and <br />Frederick Boulevard; thence along the west right-of-way line of Frederick Boulevard along <br />an arc to the left having a radius of 490.74 feet a distance of 10.77 feet to an iron pin; <br />thence continuing along the west right-of-way line of Frederick Boulevard S. 27 degrees <br />05’ 30” E a distance of 126.44 feet to a point on curvature; thence along an arc to the <br />right having a radius of 15.00 feet a distance of 31.41 feet to a point of tangency located <br />in the northwest right-of-way line of South Street; thence along the north right-of-way line <br />of South Street N. 87 degrees 6’ 30” W a distance of 194.64 feet to an iron pin; thence N. <br />45 degrees 20’ 30” W. a distance of 9.17 feet to an iron pin located in the south right-of- <br />way line of Air Line Boulevard N. 44 degrees 39’ 30” E. a distance of 128.93 feet to a nail <br />set in asphalt pavement; thence N. 59 degrees 43’ 46” E a distance of 71.73 feet to the <br />point of beginning. <br /> <br />IT BEING all that certain property conveyed to PMIG 1021, LLC, a Virginia limited liability <br />company, by Deed from Fast Fare, Inc. dated June 22, 2004 and recorded in the <br />Portsmouth Circuit Court Clerk’s Office as Instrument Number 040013615. <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 project shall be constructed in substantial conformity with that certain plan <br />titled Conceptual Site Plan (6 Space) – Take 5 Oil – 800 Frederick Boulevard, Portsmouth, <br />Virginia dated March 5, 2019 and those elevations titled Northeast, Northwest, Southwest <br />and Southeast Elevations for Take 5 Oil Change 800 Frederick Boulevard, Portsmouth, <br />VA 23707 dated February 11, 2019, both prepared by American Engineering, Virginia <br />Beach, Virginia, subject to modifications required by the City Code and ordinances. <br /> <br />(b) In order to comply with the recommendations of the Comprehensive Plan, Build <br />One Portsmouth, the applicant shall install sidewalk along South Street and install code <br />compliant site landscaping. <br /> <br />(c) The proposal must obtain approval through the Site Plan Review Process prior to <br />beginning site development activities. <br /> <br />(d) The proposal shall adhere to the Use Specific Standards outlined in Portsmouth <br />City Code 40.1-4.3(C)(11)(c) – Automobile Repair and Service, Without <br />Painting/Bodywork. <br /> <br />(e) The development shall comply with all applicable codes, ordinances and <br />regulations of federal, state and local government, including, but not limited to, the Virginia <br />Uniform Statewide Building Code. <br /> <br />(f) All taxes/fees associated with the property and/or the proposed use shall be paid <br />when due, as determined by the City Treasurer. <br /> <br />REVOCATION OF PERMIT: <br />4. Violation of any of the conditions set forth <br /> <br />herein may serve as grounds for revocation of the use permit by City Council.” <br /> <br />Ayes: Battle, Clark, Glover, Lucas-Burke, Moody, Psimas, Rowe <br />Nays: None <br /> <br /> <br /> <br /> <br />