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<br />AUQust 23. 2005 <br /> <br />3. That the use permit is approved subject to the following conditions which <br />the applicant and any successor in interest shall observe: <br /> <br />(a) The childcare center shall provide services for no more than twenty (20) children, <br />ages 2 % to 12 years old. <br /> <br />(b) Days and hours of operation shall be Monday through Friday, 6:00 a.m. to 6:00 <br />p.m. <br /> <br />(c) Outdoor play hours shall be limited to between the hours of 8:00 a.m. and 6:00 <br />p.m. <br /> <br />(d) The 2,016 square foot play area shall be maintained and shall be enclosed with <br />fencing that is at least four (4) feet in height. <br /> <br />(e) The applicant shall provide seven (7) off street parking spaces, four (4) of which <br />shall be solely dedicated and for the private use of the 300 Cherokee Road facility. <br /> <br />(f) The applicant shall provide and maintain a Group 3 Landscaping buffer for the <br />parking area. <br /> <br />(g) The center shall be maintained in accordance with the revised site plan and floor <br />plan submitted May 2005 <br /> <br />(h) The center shall be operated and maintained in accordance with all <br />required inspections by the City Fire Department, Public Health Department, and <br />Building Official and shall include annual inspections. <br /> <br />(i) The center shall be operated in compliance with all applicable codes, ordinances, <br />and regulations of federal, state, and local governments, and all required licenses and <br />permits shall be obtained and remain in effect during the operation of the center. <br /> <br />(j) The applicant shall adhere to the approved trash-handling plan approved by the <br />Director of General Services on September 24, 2003. <br /> <br />(k) All required taxes and fees associated with the property and the operation shall <br />be paid in a timely manner. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br />05 - 360(c) <br /> <br />"A RESOLUTION GRANTING A USE PERMIT TO SPRINTCOM, INC., FOR AN <br />EXTENSION OF AN EXISTING CELLULAR TOWER AND THE COLLOCATION OF <br />NEW COMMUNICATION EQUIPMENT AT 44 ALABAMA AVENUE. <br /> <br />WHEREAS, Sprintcom, Inc., has made application pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit to <br />extend the height of an existing cellular tower and to collocate new communication <br />equipment on the tower at 44 Alabama Avenue; and <br /> <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS, the Planning Commission has recommended granting the <br />application for a 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 working <br />in the neighborhood of the proposed use; <br />