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June 26, 2012 <br />(e) Avoids significant deterioration of water and air resources, and other natural <br />resources; <br />(f) Maintains safe and adequate egress and ingress onto the site and safe road <br />conditions around the site; <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 />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That Wheelabrator Portsmouth, Inc., is hereby granted a use permit pursuant <br />to Section 40.1-5.11 E(6)(c) of the Code of the City of Portsmouth, Virginia (2006) to <br />install a sign at the corner of Elm Avenue and Portsmouth Boulevard, on property more <br />particularly identified as 3801 Elm Avenue. <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 />(a) The proposed sign shall be located outside of the required sight triangle at the <br />intersection of Elm Avenue and Victory Boulevard, as shown on Exhibit A, attached <br />hereto and made a part hereof. <br />(b) The free standing sign shall not exceed 32 square feet in area or 12 feet in <br />height. <br />(c) Lighting of the sign shall be limited to external lighting positioned so as to not <br />create glare on any of the adjoining rights-of-ways. <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br />Ayes: Cherry, Edmonds, Heretick, Moody, Randall, Whitehurst, Wright <br />Nays: None <br />Motion by Mr. Whitehurst, and seconded by Mr. Edmonds, to adopt the following <br />ordinance approved on first reading at the June 12, 2012 meeting, and was adopted by <br />the following vote: <br />12-239(8): <br />"ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY ADOPTING A <br />MASTER PLAN FOR PARKS, RECREATION, AND LEISURE SERVICES." <br />Ayes: Cherry, Edmonds, Heretick, Moody, Randall, Whitehurst, Wright <br />Nays: None <br />- City Manager's Report - <br />12 - 258 -Adoption of an ordinance to transfer $450,000 from the FY 2011-12 <br />General Fund Operating Budget to the FY 2011-12 Capital Improvement Fund for <br />the Cradock recreational facilities improvements. Vision Principle: A Robust and <br />Prospering Economy for Working Men and Women. <br />Background: <br />• The Development Agreement, executed February 29' 2012, between the <br />Portsmouth Redevelopment and Housing Authority and Cradock Properties, LLC <br />requires the City to deliver $450,000 to the Escrow Agent for the funding of its share of <br />the Cradock Recreational Facilities Improvements. <br />• The funding source for the city's share is budgeted in the FY12 General Fund <br />Operating Budget. <br />• The initial closing did not occur on or before to June 1, 2012 as stated in the <br />Development Agreement. If closing does not occur on or before June 30, 2012, the <br />close of FY12, transferring these funds to the CIP will sustain the commitment of this <br />