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99-8798r 55 RESOLUTION NO. 8798 RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 76th Street and Garfield Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a 40-unit condominium housing development on land generally located Y2 block east of Garfield Avenue South between 76th and 77th Streets WHEREAS, the City has fully considered the request for approval of the conditional use permit; and 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 40-unit condominium housing development, as described in City Council Letter No. 268, on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions before an occupancy permit will be issued and remaining in compliance with the conditions for the duration of the permit: . That a sediment and erosion control plan be approved by the Public Works Director. . That a stormwater management plan be approved by the Public Works Director. . That the property be replatted. . That a signage plan be submitted and approved by the Community Development Director. . That a revised landscape plan be submitted relocating the ash trees proposed along 76th Street to allow for visibility from Harriet Avenue, including denser shrubs at the end of the parking areas, ensuring that any planting that does not survive for one year must be replaced and that a landscape escrow be submitted. . That a tree protection plan be submitted and approved by the Community Development Director. . That the developer approach each property owner on the west side of Harriet Avenue and, for those owners wanting additional screening, provide one to two trees on each property in a location agreed to by the owner and the developer and ensuring that any planting that does not survive for one year must be replaced. . That this resolution be recorded with the County, pursuant to Minnesota statute 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 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 8th day of November, 1999. ~< .~~.~ Martin J. Kirs M yor ATTEST: ~hU1/P/) yO~ Thomas P. Ferber, City Clerk '-'