01-9026r
58
RESOLUTION NO. 9026
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
AT 6244 KNOX AVENUE (MADISON PARK)
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit for a Commercial Wireless Telecommunication
Service tower and antenna on land generally located at 6244 Knox Avenue South
(Madison Park), legally described as:
That parcel which lies east of the east line of Block One of Henry Thernell's
Addition, west of the west line of Block Five of Grass Lake Terrace Addition, north
of the north Right of Way line of 63rd Street, and south of the south Right of Way
line of Minnesota Trunk Highway 62, all in the City of Richfield, Section 28,
Township 28, Range 24.
WHEREAS, the City has fully considered the request for approval of the conditional
use permit; and
WHEREAS the proposed use is consistent with the goals, policies, and objectives
of the City's Comprehensive Plan; and
WHEREAS the proposed use is or will be in compliance with the performance
standards specified in Sections 426 of City Code; and
WHEREAS the proposed use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or proposed improvements; and
WHEREAS the use will not have undue adverse impacts on the public health,
safety, or welfare; and
WHEREAS there is a public need for such use at the proposed location; and
WHEREAS the proposed use meets or will meet all the specific conditions set by
the City Code for the granting of such conditional use permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for a Commercial Wireless
Telecommunication Service tower and antennae, as described in City Council
Staff Report No. 87 on the Subject Property legally described above.
2. The conditional use permit is subject to the following stipulations:
. That the equipment structure shall be located on the north side of the
berm, which follows the MNDOT fence along HWY 62;
. That the equipment structure shall be installed on a poured concrete pad,
which extends at least six inches beyond the perimeter of the equipment
and which shall allow a six-foot mowing path between the pad and the
MNDOT fence. If a retaining wall is necessary, it shall not exceed a
height of 2 feet;
. That luminaire specifications shall be provided. The location of the
luminaire shall be provided to City staff in advance of instaUation. Qwest
shall be responsible for electric service to luminaire; I
. That vehicles used for installation of concrete pad, equipment, and
antenna shall use the bituminous path to enter and exit the construction
site;
. That the path of electric service cable shall follow outside of the
bituminous path and shall not be allowed to travel beneath;
. That Blue Spruce trees in landscape plan shall be replaced with Austrian
Pine or Red Pine;
. That a fence enclosure shall not be erected to screen mecHanical
equipment; I
. That the lease between the City of Richfield and Qwest shalll state that
Qwest shall agree to repair damage to park caused from equipment
installation within 30 days of installation; I
. That Qwest shall notify the Recreation Department of installation
schedule at least seven days in advance so that adjustments can be
made to the summer playground program and evening athl~tic
association usage; , I
. That Qwest repair any damage to the path resulting from th~ use of
vehicles for installation of concrete pad, equipment and antenna.
Also, I
. That this resolution be recorded with the County, pursuant to Minnesota btatute
Section 462.36, subdivision 1.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall ex~ire if normal
operation of the use has been discontinued for 12 or more monthsl, as required
by the Zoning Ordinance, Section 546.05, Subd. 9
Adopted by the City Council of the City of Richfield, Minnesota this 9tHl day of April,
2001.
~.Li
Martin J. Kir , Mayor
ATTEST:
i~ i .JkU>
Nan~ City Clerk