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January 8, 2002 <br /> <br /> WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That it finds that the use for which the permit is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing or <br />working in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to the public use or injurious to the property or <br />improvements in the neighborhood; <br /> <br /> (c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br /> (d) Will be a project that will be developed according to a plan for parking, <br />driveways, and curb cuts which will provide for safe and convenient traffic movement; <br />and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br /> 2. That West Side Christian Church is hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) to operate a <br />religious facility based child care center (S.I.C. 835) at 535 Cherokee Road, and being <br />more particularly described as: <br /> <br />UP-01-23 <br /> <br />Beginning at a point approximately 90' to the east of the <br />southeast intersection of Cherokee Road and Navajo Trail; <br />thence, in an easterly direction approximately 325' to a point; <br />thence, in a southerly direction approximately 432' to a point; <br />thence, in a westerly direction approximately 325' to a point; <br />thence, in a northerly direction approximately 448' to a point <br />of the beginning. <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 occupancy of the child care center shall be limited to 50 children. <br /> <br /> (b) Indoor hours of operation shall be limited to between the hours of 6:00 a.m. <br />and 6:00 p.m. <br /> <br />(c) Outdoor play shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. <br /> <br /> (d) The outdoor play area shall be enclosed with fencing that is at least four feet <br />in height. <br /> <br /> (e) The applicant shall maintain a minimum of eight off-street parking spaces for <br />the child care center. <br /> <br />(f) The center shall comply with the submitted site plan and floor plan. <br /> <br /> (g) The applicant shall provide a plan approved by the City's Department of <br />General Services to store, handle, and remove trash/garbage on site. <br /> <br /> (h) The facility shall be subject to all required inspections by the City's Fire <br />Department Bureau, Health Department, and Building Official. Inspections shall include <br />an initial inspection prior to occupancy and annual inspections thereafter. <br /> <br /> (i) The applicant shall comply with all applicable codes, ordinances, and <br />regulations of federal, state and local governments and shall obtain and maintain in <br />effect all necessary licenses and permits. <br /> <br /> <br />