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§88 <br /> <br />November 26.. 1996 <br /> <br /> WHEREAS, the Planning CommiSsion has recommended the granting of said <br />use permit with conditions. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />That the use for which the permit hereinafter-described 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 Gladys B. Hill is hereby granted a use permit pursuant to Section 40- <br />43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a child <br />day-care center on property ~ocated at 2605 Elliott Avenue, and being more <br />particularly described as: <br /> <br />UP-96-12 <br /> <br />Beginning on the south right-of-way of Elliott Avenue 135'+ west from its intersection <br />with the west right-of-way of Deep Creek Boulevard; thence southeasterly 222.59' to <br />a point; thence, west 97.55'+ to a point; thence, northwesterly 196.52'+ to the south <br />right-of-way of Elliott Avenue; thence, northeasterly along said right-of-way to the <br />point of the beginning. <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br />(a) No more than 118 Children shall be enrolled in the facility. <br /> <br /> (b) No more than twenty-seven (27) children under 2-1/2 years of age may <br />occupy the facility at any one time. Such children may only occupy Suites 1 and 2 <br />as designated on the floor plan, identified as Exhibit A, attached hereto and made a <br />par[ hereof; <br /> <br /> (c) All food preparation facilities shall meet all applicable Fire, Health and <br />Building Code requirements; <br /> <br /> (d) The use permit shall not be transferable except to Milton Hill and/or Benita <br />Hill or to a legal entity owned or controlled by the applicant, Milton Hill and/or Benita <br />Hill; <br /> <br /> (e) The facility shall be developed in accordance with the existing and <br />proposed floor plans set out in Exhibits A and B and the submitted site plan, <br />identified as Exhibit C. Exhibits B and C are also attached hereto and made a part <br />hereof; <br /> <br /> (f) No more than 73 children shall occupy the front outdoor play area~ and no <br />more than twenty (20) children shall occupy the rear outdoor play area at any time; <br /> <br /> <br />