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November 24, 2020 IT BEING the same property conveyed to Portsmouth ARD CGP, LLC by Deed of Bargain and Sale from Portsmouth Redevelopment and Housing Authority dated March 12, 2020 and recorded as Instrument Number 202004626 in the Portsmouth Circuit Court Clerk’s Office. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The development shall be in substantial compliance with both the Capital Growth Buchalter Multi-Tenant Concept Plan for 1817 Frederick Boulevard prepared by Vanesse Hangen Brustlin, Inc (VHB) dated September 24, 2020 and the rendered concept elevations titled “Portsmouth Building Shell, Portsmouth, VA” prepared by the GPD Group, Inc., except where modifications may be required to comply with all applicable local, state, and federal codes and regulations. Without limitation, architectural elevations for the development shall be submitted with the initial site plan submission. (b) The use authorized by this UP-20-05 shall be limited to substantially the area of “Lot D” on that certain Multi-Tenant Concept Plan prepared by Vanesse Hangen Brustlin, Inc. (VHB), dated September 24, 2020, and placed on file with the Department of Planning, subject only to modifications to the preliminary lot lines shown on the said Concept Plan as a result of the final platting of the property. A subdivision plat creating “Lot D” as a separate parcel must be approved prior to, or concurrent with, site plan approval for the development. Recordation of the plat shall occur before any building permits are issued. (c) The development must comply with Portsmouth City Code Article 40.1-5.6(F)(4) Building Orientation, Article 40.1-5.1(N)(1) Required Stacking, Article 40.1-5.6(F)(6) Outparcel Development, Article 40.1-5.6(F)(10) Glazing, and all additional applicable requirements of the City Code of the City of Portsmouth, Virginia (2006). (d) The development shall be constructed and operated in compliance with all applicable codes, ordinances and regulations of federal, state and local government, and all required licenses and permits shall be obtained and remain in effect during the operation of the development. (e) All taxes/fees associated with the development and the property shall be paid when due, as determined by the City Treasurer. REVOCATION OF PERMIT: 4. Violation of any of the conditions set forth herein may serve as grounds for revocation of the use permit by City Council.” 20-272(b): “RESOLUTION GRANTING A USE PERMIT (UP-20-06) TO CAPITAL GROWTH BUCHALTER TO CONSTRUCT AND OPERATE AN APPROXIMATELY 2,300 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 2,300 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: