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November 24, 2020 20-272(a): “RESOLUTION GRANTING A USE PERMIT (UP-20-05) TO CAPITAL GROWTH BUCHALTER TO CONSTRUCT AND OPERATE AN APPROXIMATELY 2,500 SQUARE FOOT RESTAURANT WITH DRIVE-THROUGH ON A PORTION OF 1817 FREDERICK BOULEVARD (TAX PARCEL 0189-0320). WHEREAS , Capital Growth Buchalter, the authorized agent for Portsmouth ARD CGB LLC, the owner of the subject property, has made application pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to construct and operate an approximately 2,500 square foot restaurant with drive- through on a portion of 1817 Frederick Boulevard (Tax Parcel 0189-0320); and WHEREAS , the applicant and the Planning Director have done all things required to be done in connection with said application; and WHEREAS , the Planning Commission has recommended the approval of the application for a use permit. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it finds that the use for which the permit is sought: (a) Complies with the applicable standards of the Zoning Ordinance; (b) Is consistent with the comprehensive plan; (c) Is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; (d) Is configured to minimize adverse effects, including the visual impacts of the proposed use on adjacent lands; (e) Avoids significant deterioration of water and air resources, and other natural resources; (f) Maintains safe and adequate egress and ingress onto the site, and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning districts; and (h) Complies with all other city, state, and federal laws and regulations. 2. That Capital Growth Buchalter is hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct and operate an approximately 2,500 square foot restaurant with drive-through on a portion of 1817 Frederick Boulevard, the said property being more particularly described as: UP-20-05 1817 Frederick Boulevard (Tax Parcel 0189-0320) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging, situate, lying and being in the City of Portsmouth, Virginia and labeled as “Residual Parcel D-1” on that certain plat titled “Subdivision of Seaboard Square/Phase 2/Portsmouth, Virginia” prepared by Horton & Dodd, P.C., dated October 15, 2010, and recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia in Map Book 23 at Pages 27-36.