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14-10916r RESOLUTION NO. 10916 RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOMENT, FINAL DEVELOMPENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW A PUBLIC SCHOOL FACILITY WITHIN THE "HUB" SHOPPING CENTER AT 100 WEST 66TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests an amendment to the Planned Unit Development, Final Development Plan and Conditional Use Permit to allow a public school to occupy the 26,185 square foot building within the HUB Shopping Center development legally described in Exhibit A; and WHEREAS, the public school would serve approximately 300 students in grades 6- 12; and WHEREAS, the Planning Commission of the City of Richfield recommended approval of the requested amendment at its January 27, 2014 meeting; and WHEREAS, the requested amendment meets those requirements necessary for approving a Planned Unit Development as specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff Report No. 43; and WHEREAS, the requested amendment meets those requirements necessary for approving a Conditional Use Permit as specified in Richfield's Zoning Code, Section 547.09, Subd.6 and detailed in City Council Staff Report No. 43; and WHEREAS, the City has fully considered the request for approval of the amended Planned Unit Development, Final Development Plan and Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended Planned Unit Development, Final Development Plan and Conditional Use Permit are issued to allow a public school, as described in City Council Staff Report No. 43, in the 26,185 square foot building on the Subject Property legally described in Exhibit A. 2. This amended Planned Unit Development, Final Development Plan and Conditional Use Permit is subject to the following conditions: a) That the applicant schedule a follow-up meeting with the City Engineer to discuss the adequacy of the approved draft traffic plan within eight weeks of opening for class. b) A bicycle rack that can accommodate a minimum of three bicycles is required to be maintained at all times. c) That the applicant obtains a permit from the Public Works Department prior to any work within the right-of-way. d) That parking lot screening in the form of large planters is installed per the approved landscape plan dated 2/3/14. •e) Required planters in front of the building and within right-of-way must be continuously maintained and include live plant materials during the spring, summer and fall and decor over the winter. f) Sign permits must be applied for separately. This resolution does not constitute approval of any signs. g) That the conditions and stipulations of all previously approved plans not specifically changed through this amendment remain effective. h) The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated January 7, 2014 and compliance with all other City and State regulations. i) That the recipient of this amended Planned Unit Development, Final Development Plan and Conditional Use Permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 547.09, Subdivision 8. j) Prior to the issuance of an occupancy permit, the applicant shall: a) Submit a copy of the recorded resolution; and b) Submit a surety equal to 125% of the value of any landscaping and/or site improvements°(based on two bids including labor cost) not yet complete. 3. The Planned Unit Development, Final Development Plan and Conditional Use Permit shall remain in effect for so long as conditions regulating it are observed, and shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2014. 10 I Debbie Goettel, Mayor ATTEST: Ali 'I .'AlA T esa Schyma, Dep y City Clerk EXHIBIT A Lots 2 and 3, Block 1, Richfield Hub Superblock, according to the recorded plat thereof, Hennepin County, Minnesota. Together with that part of vacated Pleasant Avenue described as follows: All that part of the Southeast Quarter of the Northwest Quarter of Section 27, Township 28, Range 24, Hennepin County described as follows: Beginning at the most northerly northwest corner of Lot 3, Block 1, Richfield Hub Superblock, as platted and of record in the office of the County Recorder; thence South 00 degrees 20 minutes 18 seconds West, assumed bearing, along the westerly line of said Lot 3, a distance of 142.11 feet; thence South 89 degrees 56 minutes 52 seconds West, a distance of 30.00 feet, to the most westerly line of said Lot 3; thence North 00 degrees 20 minutes 18 seconds East along the northerly extension of said most westerly line, a distance of 142.11 feet to the westerly extension of the most northerly line of said Lot 3; thence along said westerly extension 30.00 feet to the point of beginning. Together with all that part of said Southeast Quarter of the Northwest Quarter described as follows: Commencing at the intersection of the southerly extension of the westerly line of said Lot 3 and the southerly line of said Southeast Quarter of the Northwest Quarter; thence North 00 degrees 20 minutes 18 seconds East along said southerly extension a distance of 183.00 feet to the most westerly southwest corner of said Lot 3 and the actual point of beginning of the land to be described; thence North 89 degrees 59 minutes 52 seconds East along the southerly line of said Lot 3 a distance of 48.13 feet to a westerly line of said Lot 3; thence South 00 degrees 25 minutes 38 seconds West a distance of 33.00 feet to the most southerly southwest corner of said Lot 3; thence North 89 degrees 59 minutes 52 seconds East along the southerly line of said Lot 3 a distance of 253.99 feet to the southeast corner of said Lot 3; thence South 00 degrees 25 minutes 38 seconds West along the westerly line of Lot 2 said Block 1 and its southerly extension a distance of 107.00 feet to a line drawn parallel with and 43.00 feet northerly of said southerly line of Southeast Quarter of the Northwest Quarter; thence South 89 degrees 59 minutes 52 seconds West parallel with said southerly line of said Southeast Quarter of the Northwest Quarter a distance of 35.90 feet; thence North 00 degrees 20 minutes 18 seconds East a distance of 27.00 feet; thence North 89 degrees 59 minutes 52 seconds East parallel with said southerly line of said Southeast Quarter of the Northwest Quarter a distance of 15.00 feet to a line drawn parallel with and 282.00 feet easterly of said southerly extension of the westerly line of said Lot 3; thence North 00 degrees 20 minutes 18 seconds East along said parallel line a distance of 71.56 feet to the north line of the south 141.56 feet of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 59 minutes 52 seconds West along said north line of the south 141.56 feet a distance of 282.00 feet to said southerly extension of the westerly line of said Lot 3; thence North 00 degrees 20 minutes 18 seconds East along said southerly extension a distance of 41.44 feet to the point of beginning.