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<br />September 28. 2010 <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) Complies with the applicable standards of the Zoning Ordinance; <br /> <br />(b) Is consistent with the comprehensive plan; <br /> <br />(c) Is compatible with the character of surrounding lands and the uses permitted in <br />the subject property's zoning district; <br /> <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <br /> <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br /> <br />(f) Maintains safe and adequate egress and ingress onto the site and safe road <br />conditions around the site; <br /> <br />(g) Allows for the protection of property values and the ability of neighboring lands to <br />develop the uses permitted in their zoning district(s); <br /> <br />(h) Complies with all other city, state, and federal laws and regulations. <br /> <br />2. That Holy Communion Lutheran Church is hereby granted a use permit <br />pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for <br />the operation of a child care center 6220 Portsmouth Boulevard, and being more <br />particularly described as: <br /> <br />UP-10-06 <br /> <br />6220 Portsmouth Boulevard <br /> <br />The parcel described as beginning approximately 224 feet northeast of the intersection <br />of Portsmouth Boulevard and Bob White Street; thence northeast approximately 309 <br />feet to a point; thence southeast approximately 585 feet to a point; thence south <br />approximately 133 feet to a point; thence northwest approximately 499 feet to a point <br />along Portsmouth Boulevard; thence northeast approximately 190 feet to a point; thence <br />northwest approximately 70 feet to the point of beginning. (Tax Map 625, Parcel 33) <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicants and any successor in interest: <br /> <br />(a) The establishment shall operate generally in accordance with the approved site <br />layout and floor plans. Minor changes may be approved by the Director of Planning. <br /> <br />(b) The occupant load of the childcare activities in the cottage shall be limited to <br />twenty (20) children aged 3 years and older and two (2) staff members. The occupant <br />load of the childcare activities in the church facility shall be limited to a total of ten (10) <br />children, including four (4) below the age of 2 1/2 and two (2) staff members. <br />Occupancy shall comply with the requirements of the Building Official and/or Fire <br />Marshall. A certificate of occupancy shall be obtained prior to providing childcare <br />services. <br />