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R-07-59 A RESOLUTION GRANTING A USE PERMIT (UP-07-22) TO NEW TESTAMENT BAPTIST CHURCH TO EXPAND A CHURCH AND MODIFYING CERTAIN CONDITIONS OF USE PERMIT UP-05-31 PERTAINING TO THE CHURCH'S CHILD CARE FACILITY AT 401 AND 403 RAPID AN STREET. WHEREAS, New Testament Baptist Church has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit (UP-07-22) to expand a church, Portsmouth, Virginia and to modify certain conditions of use permit UP-05-31 pertaining to the church's child care facility at 401 and 403 Rapidan Street; 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 granting of the application for a use permit with conditions for the expansion of applicant's church and for the modification of certain use permit conditions for the operation of a child care facility by the applicant. 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) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or injurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and conver~ient traffic movement; and ( e) Will be in accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That New Testament Baptist Church is hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) to