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May 27, 2014 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Portsmouth (formerly Deep Creek Magisterial District of Norfolk County), Virginia, and known, numbered and designated as Lot 30, as is shown on a certain plat entitled: "Cavalier Manor-Section 15, Portsmouth, Virginia", dated January 7, 1960, made by Baldwin and Gregg, Civil Engineers and Surveyors, which said plat is duly recorded in the Clerk's Office of the Circuit Court (formerly Court of Hustings) for the City of Portsmouth, Virginia, in Map Book 3, at page 46, to which plat reference is hereby made for a more particular description of said property. BEING all that property conveyed to Russell S. Spralling by Deed of Gift from Tonya A. Spralling and Russell S. Spralling dated April 15, 2009 and recorded in the Clerk's Office of the Circuit Court for the City of Portsmouth, Virginia as Instrument Number 090006094. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicants and any successor in interest: (a) Days and hours of operation shall be limited to Monday through Friday no earlier than 5:00 a. m. to no later than 8:30 p. m. (b) The applicants shall create one (1) additional off-street parking space on the property in order to comply with Portsmouth City Code Section 40.1-5.1 Off-Street Parking, Loading and Circulation. A total of four (4) off-street parking spaces shall be maintained during the facility's days and hours of operation to accommodate one (1) space for the full-time staff member and three (3) spaces for the drop off/pick up of children. (c) The applicants' proposed vehicle use area shall comply with Portsmouth City Code Section 40.1-5(G)(3) Vehicular Use Area Demarcation. The applicants shall submit a site plan that provides compliance with Section 40.1-5(G)(3) for approval by the Zoning Administrator. (d) 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 Family Child Day Care Home. (e) All taxes/fees associated with the property shall be paid when due. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council." Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright Nays: None Motion by Mr. Moody, and seconded by Mr. Meeks, to adopt the following resolution approved on first reading at the May 13, 2014 meeting, and was adopted by the following vote: 14-181 (c): "RESOLUTION GRANTING A USE PERMIT (UP-14-06) TO SP-ONE PROPERTIES, LLC TO OPERATE AN ASSISTED LIVING FACILITY WITH 20 BEDS IN AN EXISTING BUILDING LOCATED AT 3301 ARMISTEAD DRIVE. WHEREAS, SP-One Properties, LLC, the owner of the subject property, has made application pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for a use permit to operate an assisted living facility with 20 beds in an existing building located at 3301 Armistead Drive; and WHEREAS, the applicants and the Planning Director have done all things required to be done in connection with said application; and