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September 24, 2002 <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 Loretta Armstrong is hereby granted a use permit pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (1988) to operate a child care <br />center (S.I.C. 835) at 1000 County Street, and being more particularly described as: <br /> <br />UP-02-17 <br /> <br />2900 Elm Avenue and 1211 Centre Avenue <br /> <br />Beginning at the southwest corner of Elm and Centre <br />Avenue; thence, in a westerly direction 150'_+ to a point; <br />thence, in a southerly direction 108'_+ to a point; thence, in an <br />easterly direction 25'_+ to a point; thence, in a northerly <br />direction 81'_+ to a point; thence, in an easterly direction <br />125'_+ to a point; thence, in a northerly direction 27'_+ to a <br />point of the beginning. <br /> <br />2814 Elm Avenue <br /> <br />Beginning at the northwest corner of Elm and Centre <br />Avenue; thence, in westerly direction 125'_+ to a point; <br />thence, in a northerly direction 27'_+ to a point; thence, in an <br />easterly direction 125'_+ to a point; thence, in a southerly <br />direction 27'_+ to a point 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 childcare center shall be limited to no more than 27 <br />children at any one time. <br /> <br /> (b) Children under the age of five shall not be permitted above the first floor of <br />the structure. <br /> <br /> (c) Indoor hours of operation shall be limited to the hours between 5:00 a.m. <br />and 8:00 p.m. <br /> <br /> (d) <br />p.m. <br /> <br />Outdoor play hours shall be limited to the hours between 8:00 a.m. to 6:00 <br /> <br /> (e) The 2,700 square foot outdoor play area shall be enclosed with fencing <br />that is six feet in height. <br /> <br /> <br />