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<br />November 28. 2006 <br /> <br />WHEREAS, the Planning Commission has recommended the granting of 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 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 working in <br />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 Missionary Baptist Church is hereby granted a use permit <br />pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for <br />the operation of a religious-based child care center at 2714 Frederick Boulevard, and <br />being more particularly described as: <br /> <br />UP-06-13 <br /> <br />Beginning at the southwest corner of Elliott Avenue and Frederick Boulevard; thence, in <br />a southwesterly direction 760':t to a point; thence, in a northerly direction 365':t to a <br />point; thence, in an easterly direction 430':t to a point; thence, in a northerly direction <br />30':t to a point; thence, in a southeasterly direction 280':t 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 center shall provide services for no more than 118 children at anyone time. <br /> <br />(b) The age of the children shall be 3 to 5 years. <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 Monday through Friday 6:30 a.m. to <br />6:00 p.m. <br /> <br />(e) The applicant shall maintain the eight (8) foot high fencing for the 15,000+ square <br />foot outdoor play area. <br /> <br />(f) The outdoor play area fencing shall be landscaped with a combination of trees <br />and shrubs to shield it from view along Frederick Boulevard. The Director of Planning <br />shall approve the final landscaping plan. <br /> <br />(g) Outdoor play hours shall be between 8:00 a.m. and 6:00 p.m. <br /> <br />(h) The applicant shall utilize the church's parking lot for staff parking and the drop <br />off and pick up of students. <br />