Minutes 09/26/2006 - Laserfiche WebLink

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September 26, 2006 (a) Will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use; (b) Will not be detrimental to the public use or InJurious to the property or improvements in the neighborhood; (c) Will be provided with sufficient landscaping to Insure compatibility with surrounding uses; (d) Will be a project that will be developed according to a plan for parking, driveways, and curb cuts which will provide for safe and convenient traffic movement; and (e) Will be In accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That The Elizabeth River Project and B. David Peck are hereby granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) to excavate and sell excavated material at 1141 Victory Boulevard, Portsmouth, Virginia, and being more particularly described as: UP-06-08 Beginning at a point on the northern property line of property now or formerly owned by Giant Imports, Inc. (D.B. 1273, Pg. 1049), said point being located N 84006'00" E 881.23 feet from an iron pin at the intersection of the northern property line of Giant Imports, Inc. and the eastern right-of-way of Victory Boulevard (120' R/W); thence leaving the northern line of Giant Imports, Inc., through the property of Paradise Creek Land Co. (D. B. 1036, Pg.346), N 240 11'49" W 133.47 feet to a point, N 110 30'33" E 740.38 feet to a point. N 39009'41" E 58.55 feet to a point, N 84032'46" E 284.26 feet to a point, N 62054'24" E 268.50 feet to a point on the Port Wardens line of Paradise Creek (M.B. 33, Pg.58- Chesapeake); thence with the Port Wardens line N 79056'00" E 101.44 feet to a point at the northwest corner of Giant Imports, Inc.; thence with the western line of Giant Imports, Inc., S 05053'49" E 976.76 feet to a rail found in concrete; thence with the northern line of Giant Imports, Inc., S 84006'00" W 856.77 feet to the point of the beginning, containing 716,271 square feet or 16.443 acres. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicants and any successors in interest: (a) The property shall be rezoned to a suitable district to allow for the nature park. (b) The proposal shall submit to the Site Plan Review Process and a formal Erosion and Sedimentation Plan review. (c) The applicant shall obtain a Land Disturbance Permit. (d) The applicant shall obtain a Mineral Mining Permit from the Virginia Department of Mines, Minerals and Energy and all other appropriate permits prior to the start of work. (e) Excavation activities shall be performed Monday through Friday, 8:00 a.m. to 4:00 p.m. and 6:00 p.m. to 9:00 p.m.