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<br />April 22. 2008 <br /> <br />WHEREAS, Integrated Living Communities of Portsmouth, L.L.C., has made <br />application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia <br />(2006) for the granting of a use permit (UP-08-06) to expand an existing assisted living <br />facility located at 4916 West Norfolk Road and 3911 Cedar Lane onto property located <br />at 4908 West Norfolk Road, Portsmouth, Virginia; 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. <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 Integrated Living Communities of Portsmouth, L. L. C., is hereby <br />granted a use permit pursuant to Section 40-43.1 of the Code of the City of Portsmouth, <br />Virginia (2006) to expand an existing assisted living facility onto property located at <br />4908 West Norfolk Road, Portsmouth, Virginia, and being more particularly described <br />as: <br /> <br />UP-08-06 <br /> <br />Subject portion of 4908 West Norfolk Road <br /> <br />Beginning at the northeastern right-of-way intersection of Cedar Lane and West Norfolk <br />Road; thence S 760 31' 03" W, distance of 305.78' to a point; thence S 820 14' 20" W, a <br />distance of 118.93' to a point; thence N 020 54' 02" E, a distance of 179.39' to the True <br />Point of Beginning; thence N 020 54' 02" E, a distance of 120.27' to point; thence N 790 <br />48' 02" E, a distance of 54.63' to a point; thence S 130 31' 58" E, a distance of 112.18' <br />to a point; thence S 760 28' 00" W, a distance of 88.56' to the True Point of 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 applicant shall maintain a contract with a commercial waste hauler for all <br />refuse collection on the site. Waste management on the site shall conform to Chapter <br />16 of the City Code. <br /> <br />(b) The facility shall comply with all conditions associated with Use Permit UP-03-03 <br />approved by the City Council in 2003 by Resolution R-03-12. <br />