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<br />September 23. 2008 <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 Cingular Wireless PCS, L. L. C., 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 />construct and operate a communications tower at 2600 Airline Boulevard, Portsmouth, <br />Virginia, and being more particularly described as: <br /> <br />UP-08-11 <br /> <br />(2600 Airline Boulevard) <br /> <br />Beginning at a point on the northern right-of-way line of Airline Boulevard at the <br />common boundary line between the subject property and the property of Warren L. <br />Holland (D.B. 694, P. 761); thence northerly along the common property line of Warren <br />L. Holland N210 34' 33" W 872.08' to a point in a ditch, a common point in the boundary <br />hereby conveyed, Warren L. Holland and Bolin; thence along said ditch N450 35' 36"E <br />15.35' to a point in the ditch; thence N190 39; 22"E 50.52' to a pipe in the ditch; thence <br />N02D 27' 36"E 119.40 to a pipe in the ditch; thence N120 05' 15"E 152.43' to a pipe in <br />the ditch; thence N190 01' 18"E 62.86' to an iron pin set' thence S740 52' 55" E 275.68' <br />to an iron pin set; thence S160 33' 09"W, 0.76' to an iron pin set; thence S740 54' 42"E <br />162.00' to an iron pin set; thence S380 46' 30"E 1 08.55' to an iron pin set on the <br />Western RIW line of Victory Boulevard; thence southerly along the Western RIW line of <br />Victory Boulevard the following courses and distances: A curve to the left with a radius <br />of 999.63' and a length of 54.42' to a point; S880 21' 02"W 29.00', S030 19' 46'E 60.33', <br />N840 59' 26"E 29.00', a curve to the left with a radius of 999.93' and a length of 0.97' to <br />a point; S050 03' 55"E 12.05' a curve to the right with a radius of 2946.93' and a length <br />of 173.30' to a point; S290 53' 34"W 34.63' to a point on the northern right-of-way line of <br />Airline Boulevard, S600 00' 34" W 27.54' to an iron pin; thence continuing along the <br />northern right-of-way line of Airline Boulevard, along a curve to the right with a radius of <br />200.00' and a length of 17.53' to an iron pin; thence continuing along the northern right- <br />of-way line of Airline Boulevard, along a curve to the left with a radius of 87.03' and a <br />length of 115.88' to an iron pin; thence continuing along the northern right-of-way line of <br />Airline Boulevard, S600 00' 34" W 104.40 to the point of beginning., the above described <br />parcel containing 11.170 acres. <br />