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May 27, 2014 <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it finds that the use for which the permit is sought: <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />(c) Is compatible with the character of surrounding lands and the uses permitted in <br />the zoning district(s) of surrounding lands; <br />(d) Is configured to minimize adverse effects, including the visual impacts of the <br />proposed use on adjacent lands; <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 the zoning districts; and <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That SP-One Properties, LLC is hereby granted a use permit pursuant to <br />Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to operate an <br />assisted living facility with 20 beds in an existing building located at 3301 Armistead <br />Drive, and being more particularly described as: <br />U P-14-06 <br />3301 Armistead Drive <br />ALL THAT certain lot, piece or parcel of land, with the improvements thereon numbered <br />3301 North Armistead Drive, situate, lying and being in the City of Portsmouth, Virginia, <br />being more particularly bounded and described as follows: to -wit: <br />BEGINNING at a point on the South side of North Armistead Drive, at the northwest <br />corner of Lot 51, as shown on the plat of North Truxtun, which plat is duly recorded in <br />the Clerk's Office, Circuit Court, City of Portsmouth, Virginia in Map Book 2, page 37, et <br />seq., to which reference is hereby made for a more particular description; thence <br />running along the south side of North Armistead Drive, North 89 degrees 16' west, 295 <br />feet more or less, to the northwest corner of Lot 50, as shown on said plat; thence <br />running South 0 degrees 40' along the east side of Lot 50, a distance of 118 feet to a <br />point; thence running South 89 degrees 16' East, 295 feet, more or less; thence North 0 <br />degrees 44' East, 118 feet to the Point of Beginning; being shown on said plat as an <br />unnumbered parcel of land lying between Lots 50 and 51. <br />BEING all the property conveyed from Sassy Properties, LLC to SP-One Properties, <br />LLC by Deed of Bargain and Sale dated August 26, 2010 and recorded in the Clerk's <br />Office of the Circuit Court for the City of Portsmouth, Virginia as Instrument Number <br />100008870. <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 />