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February 25, 2014 (f) Maintains safe and adequate egress and ingress onto the site and safe road conditions around the site; (g) Allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in their zoning district(s); (h) Complies with all other city, state, and federal laws and regulations. 2. That the applicant is hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct a recreation center for its residents on the subject property, which is more particularly described as: UP-14-01 4211 County Street Beginning at the southeastern corner of Caroline Avenue and County Street; thence, in an easterly direction 360'+/- to a point; thence in a southerly direction 217'+/- to a point; thence in a westerly direction 360'+/- to a point; thence in a northerly direction 217'+/- to a point of the beginning; and consisting of Tax Map 312, Parcel 8. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The facility shall be limited to no more than twenty eight 28 patient beds at any time. (b) The development shall comply with the site plan prepared by Stephen I Boone & Associates, P.C., dated December 8, 2013 except for minor modifications required during site plan review and approval. Minor modifications and additions may be approved in the future subject to approval of the Planning Director. (c) The facility shall maintain the existing parking areas along the northern and southern portions of the site. (d) The applicant shall utilize the City's tree species list to select appropriate trees to meet the remaining 6,200 square foot tree canopy required in Chapter 36 of the City Code for the Residential Single Family RS-75 zoning district. The landscaping plan shall be approved during the Site Plan Review Process. (e) The facility shall maintain the use of a private waste hauler to dispose of trash and other waste generated by the group home. (f) The owner developer shall be responsible for upgrades to water and sewer as necessary including the installation of a backflow preventer device approved by the Public Utilities Department. (g) The facility shall be operated in compliance with applicable codes ordinances and regulations of federal state and local government and all required licenses and permits shall be obtained and remain in effect during the operation of the facility. (h) Taxes and fees associated with the property shall be paid when due. (i) Construction and use of the recreation center is explicitly conditioned upon compliance with the conditions imposed by the Planning Commission in its approval of a Chesapeake Bay Preservation Act Exception, CBPA-14-01 on January 7, 2014. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by the City Council." Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright Nays: None - City Manager's Report - 14 - 75 -Adoption of an ordinance to appropriate $211,400 in the FY 2013-14 General Fund to be used for the purchase and sale of EZPass transponders. Vision Principle: Efficient, Responsive Government.