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NOW, THEREFORE, <br />Portsmouth, Virginia: <br /> <br /> July 27, 2004 065 <br /> <br />BE IT RESOLVED by the Council of the City of <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 St. Mark Deliverance Center is hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation <br />of a child care center at 3801 Turnpike Road, and being more particularly described as: <br /> <br /> .U P-04-12 <br /> <br /> Beginning at a point 737'+ southwest of the southern corner of <br /> Rodman Avenue and Turnpike Road; thence, in a southwesterly direction <br /> 315.22' + to a point; thence, in a southeasterly direction 354'_+ to a point; <br /> thence, in a northeasterly direction 320'_+ to a point; thence, in a <br /> northwestern direction 380'_+ to the 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 applicants and any successor in interest: <br /> <br /> (a) The center shall provide services for no more than 77 children with no <br />more than five infants. <br /> <br /> (b) The age of the children shall be from newborn to twelve years old. <br /> <br /> (c) The center shall comply with the submitted site plan and floor plan. <br /> <br /> (d) The days and hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday <br />through Friday. <br /> <br /> (e) The applicant shall utilize the grassed area on the eastern side of the <br />property for the outdoor play area. <br /> <br /> (f) The 2,500 square foot outdoor play area shall be enclosed with a 4-foot <br />high chain link fence. <br /> <br /> (g) No more than 27 children shall occupy the play area at any one time. <br /> <br /> (h) The eastern perimeter of the play area shall be landscaped to provide <br />screening from the adjacent residential property. <br /> <br /> (i) Outdoor play hours shall be between 8:00 a.m. and 6:00 p.m. <br /> <br /> (j) Twelve parking spaces shall be maintained for the childcare center. <br /> <br /> (k) The applicant shall provide a dumpster for the childcare center as required <br />by the Department of General Services <br /> <br /> <br />