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December 16, 2003 <br /> <br /> WHEREAS, the City Council has considered the Planning Commission's <br />recommendation of denial of the use permit and the City Manager's recommendation of <br />approval of the 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 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 a use permit is hereby granted pursuant to Section 40-43.1 of the <br />Code of the City of Portsmouth, Virginia (1988) for the operation of a transloading and <br />warehousing facility at 3600 Elm Avenue, and being more particularly described as: <br /> <br />UP-03-25 <br /> <br /> Beginning at a point approximately 180' west of the <br />intersection of Old Burton's Point Road and Elm Avenue; <br />thence in a westerly direction approximately 1600' to a ~oint; <br />thence ~n a southerly direction approximately 35' to a ~oint; <br />thence ~n a westerly direction approximately 207' to a ooint; <br />thence ~n a northerly direction approximately 133' to a ooint; <br />thence ~n a easterly direction approximately 64' to a ~oint; <br />thence ~n a northerly direction approximately 47' to a ooint; <br />thence ~n a westerly direction approximately 8' to a ooint; <br />thence ~n a northerly direction approximately 580' to a ooint; <br />thence ~n a easterly direction approximately 6' to a ooint; <br />thence ~n a northerly direction approximately 213' to a ooint; <br />thence ~n a northwesterly direction approximately 49' to a <br />point; thence in a northerly direction approximately 99' to a <br />point; thence in a southerly direction approximately 880' to a <br />point; thence in a southeasterly direction approximately 860' <br />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 workforce hours of operation shall be 24 hours a day, Monday <br />through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday to accommodate future growth. <br /> <br /> (b) Truck traffic entering and exiting the facility shall be restricted to the hours <br />7:00 a.m. to 7:00 p.m. Monday through Friday. <br /> <br /> (c) The applicant shall comply with the trash/garbage plan approved by <br />General Services. <br /> <br />(d) No freight containers shall be stacked on property for storage purposes. <br /> <br /> <br />