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December 11. 2007 UP-07-21 That parcel described as beginning at a property pin located at the northwest corner of the property at on Mount Vernon Avenue. Thence, proceeding S 63019'03"E, 90.00 feet more or less to a point thence, thence proceeding S 26040'57"W 1 0.00 feet more or less to a point, thence proceeding S 63019'03"E 90.00 feet more or less to a point, thence proceeding S 26040'57"W 90.31 feet more or less to a point, thence proceeding N 63019'03"W 90.00 feet more or less to a point, thence proceeding S 26040'57"W 172.15 feet more or less to a point, thence proceeding N 63019'03"W 79.86 feet more or less to a point, thence proceeding N 26040'57"W 262.15 feet more or less back to the point of beginning. Property is also known as Tax Map 1 09, Parcel 105 and 1439 Mount Vernon Avenue. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The establishment shall be operated in compliance with all applicable codes, ordinances, and regulations of federal, state, and local governments. (b) A five-foot high chain link fence shall enclose the play area. (c) Two 30-foot long Landscaping Group 5 buffers will be planted around the play area, beginning at the corner of Mount Vernon Avenue and Larchwood Street and running along both streets. The rest of the play area, with the exception of the space where the play area borders the church building, will have a Landscaping Group 3 buffer. Where possible, the buffer will be planted outside of the fence that encloses the play area. (d) The hours of operation will be limited to the hours from 6:00 a.m. to 7:00 p.m. The use of the play area shall be limited to the hours between 10:00 a.m. and sunset (e) The number of children shall be limited to fifty. (f) The applicant shall comply with the Statewide Building Code. (g) The applicant shall comply with all applicable codes, ordinances and regulations of federal, state and local governments and shall obtain and maintain in effect all necessary licenses and permits. (h) Any taxes and fees associated with the operation shall be paid when due. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by the City Council." Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley Nays: None Motion by Ms. Randall, and seconded by Ms. Psimas, to adopt the following ordinance approved on first reading at the November 27, 2007 meeting, and was adopted by the following vote: 07 -478 (e): "ZONING AMENDMENT ORDINANCE Z-07-14." Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley Nays: None