06-9770r
RESOLUTION NO. 9770
RESOLUTION AUTHORIZING AN AMENDED CONDITIONAL USE PERMIT FOR
EDUCATIONAL FACILITY WITH ACCESSORY DAY CARE AT
FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF PENN AVENUE AND
75TH STREET
WHEREAS, an application has been filed with the City of Richfield which request
approval of an amendment to a conditional use permit to allow a new education facility with
accessory day care at the property legally described as:
That part of the South 1031.25 feet of the Northeast Quarter of the
Southeast Quarter of Section 32, Township 28, Range 24 lying East of the
East line of Sheridan Avenue South and North of Saint Richards Addition.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested amendment to the conditional use permit at the Subject
Property at its May 22, 2006 meeting; and
WHEREAS, this requested amendment to the conditional use permit at the Subject
Property meets those requirements necessary for issuing a conditional use permit as
specified in Richfield's Zoning Code, Sections 521.07, Subdivisions 2 and 11, and 546.05,
Subdivision 6, except as explained in Staff Report No. 118; and
WHEREAS, the City has fully considered the request for approval of the
amendment to the conditional use permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. An amendment to the conditional use permit is issued for a new education
facility with accessory day care, as described in Staff Report No. 118, on the
Subject Property legally described above.
2. The amended conditional use permit at the Subject Property is subject to the
following conditions in addition to those specified in Section 521.07,
Subdivisions 2 and 11 of the City's Zoning Code:
· That the recipient of the amended conditional use permit record this resolution with the
County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield
Zoning Code 546.05, Subdivision 7.
· Demolition of the current Lincoln Hills facility located on the Subject Property must take
place within 120 days of the conclusion of the 2007-2008 regular school year.
· That a utility and drainage easement over the south 60 feet of the property, for the
purpose of construction of future utilities, be conveyed to the City.
· That a Landscape Cash Escrow Agreement be filed with the City prior to issuance of
building permits.
. That a copy of an agreement between District 287 and St. Richard's Church for the
provision of temporary construction and overflow parking be provided to the Community
Development Department.
. That a copy of an agreement between District 287 and the owners of 7501 Sheridan
Avenue be provided to the Community Development Department.
. That all landscaping be maintained and replaced as necessary in accordance with
Richfield Landscape Standards.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
June, 2006.
k~W
Martin J. Kirsc ayor
ATTEST:
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