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<br />December 11. 2007 <br /> <br />Motion by Mr. R. Smith, and seconded by Ms. Psimas, to adopt the following <br />resolution approved on first reading at the November 27, 2007 meeting, and was <br />adopted by the following vote: <br /> <br />07 -478 (f): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-07-22) TO NEW TESTAMENT <br />BAPTIST CHURCH TO EXPAND A CHURCH AND MODIFYING CERTAIN <br />CONDITIONS OF USE PERMIT UP-05-31 PERTAINING TO THE CHURCH'S CHILD <br />CARE FACILITY AT 401 AND 403 RAPIDAN STREET. <br /> <br />WHEREAS, New Testament Baptist Church has made application pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of <br />a use permit (UP-07 -22) to expand a church, Portsmouth, Virginia and to modify certain <br />conditions of use permit UP-05-31 pertaining to the church's child care facility at 401 <br />and 403 Rapidan Street; 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 the granting of the <br />application for a use permit with conditions for the expansion of applicant's church and <br />for the modification of certain use permit conditions for the operation of a child care <br />facility by the applicant. <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 New Testament Baptist Church is hereby granted a use permit <br />pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) to <br />expand a church at 401 and 403 Rapidan Street, Portsmouth, Virginia, and being more <br />particularly described as: <br /> <br />UP-07-22 <br /> <br />All that certain lot, piece or parcel of land, with the buildings and improvements thereon, <br />situate, lying and being in the City of Portsmouth, Virginia, and bounded and described <br />as follows: Beginning at the northern corner of the intersection of Rapidan Street and <br />Greenwood Drive, proceed N 24036'W as distance of 198.17 feet to a point along <br />Rapidan Street; thence N 24038'51"W a distance of 39.36 feet to a point; thence N <br />65004'E a distance of 100.00 feet to a point; thence S 24036'42" E a distance of 238.9 <br />feet to a point; thence S 6J014'13" W a distance of 100.00 feet along Greenwood Drive <br />to the point of beginning. <br />