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t 01 <br /> April 25, 1995 <br /> <br /> (b) Will'not be the public use or injuriou~ <br />to the property: or improvements in the neighborhood; <br /> <br /> (c) Will be provided with sufficient landscaping to insure <br />compatibility with surrounding uses; <br /> <br /> (d) Will be a project that will be developed according to <br />a plan for parking, driveways and curb cuts which will provide <br />for safe and convenient traffic movement;and <br /> <br /> (e) Will be in accordance with the purposes of the City <br />of Portsmouth Zoning Ordinance. <br /> <br /> 2. That Gladys B. Hill is hereby granted a use permit <br />pursuant to Section 40-43.1 of the Code of the City of <br />Portsmouth, Virginia (1988) for the operation of a child <br />day-care center on property located at 2605 Elliott Avenue, <br />being more particularly described as: <br /> <br />and <br /> <br />UP-95-07 <br /> <br />Beginning on the south right-of-way of E11iott Avenue 135'~ west <br />from its intersection with the west right-of,way of Deep Creek <br />BouleVard; thence southeasterly 222.59' to a point; thence, west <br />97.55'~ to a point; thence, northwesterly 196.52'± to the south <br />right-of-way of Elliott Avenue; thence, northeasterly along said <br />right-of-way to the point of the beginning. <br /> <br /> 3. That this use permit is approved subject to the <br />following conditions: <br /> <br /> (a) No more than sixty-nine (69) children shall be <br />enrolled in the facility; <br /> <br /> (b) No more than twenty-seven (27) children, two and <br />one-half (2 1/2) years of age or younger, may occupy the <br />facility at any one time. Such children may only occupy Suites <br />i and 2 as designated on the floor plan, identified as Exhibit <br />A, attached hereto and made a part hereof; <br /> <br /> (c) Ail food preparation facilities shall meet all <br />applicable Fire, Health and Building Code requirements; <br /> <br /> (d) The use permit shall not be transferable except to <br />Milton Hill and/or Benita Hill or to a legal entity owned or <br />controlled by the applicant, Milton Hill and/or Benita Hill; <br /> <br /> (e) The facility shall be developed in accordance with <br />Exhibit A and the submitted site plan, identified as Exhibit B, <br />attached hereto and made a part hereof; <br /> <br /> (f) No more than thirty-three (33) children shall occupy <br />the front outdoor play area, and no more than twenty (20) <br />children shall occupy the rear outdoor play area at any time; <br /> <br /> (g) Indoor hours of operation shall be limited to the <br />hours of 6:00 a.m. to 6:00 p.m. Outdoor play hours shall be <br />limited to the hours of 10:00 a.m. to 6:00 p.m.; <br /> <br /> (h) The facility shall be inspected annually by the City's <br />Fire Prevention Bureau, Public Health Department and Building <br />Official and any deficiencies shall be corrected; <br /> <br /> <br />