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08-10163rRESOLUTION NO. 10163 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES FOR UP TO 75 CHILDREN AT .6301 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which. requests a conditional use permit for day care facilities serving up to 75 children on land generally located at 6301 Penn Avenue, legally described as: LOTS 1, 2, 22, 23 & 24, RAY'S LYNNHURST ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of the requested conditional use permit at 6301 Penn Avenue at its October 27, 2008 meeting, and WHEREAS, this requested conditional use permit at 6301 Penn Avenue meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd.6; and WHEREAS, the City has fully considered the request for approval of the 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 to allow day care facilities serving up to 75 children, as described in City Council Staff Report No. 252, on the Subject Property legally described above. 2. This conditional use permit at 6301 Penn Avenue is subject to the following conditions in addition to those specified in Section 514.07 Subdivision 9 of the City's Zoning Ordinance: • The applicant must be granted an exception to the development moratorium currently in place over this property. • All parking and landscaping, areas must be constructed in accordance with the approved plan. • All parking areas must be surrounded by curb and gutter in accordance with standards of the Public Works Department. • Parking areas must be resurfaced and striped in accordance with approved plans. • Site plans must comply with the landscaping, entry way and signage standards of the Penn Avenue Corridor Design Guidelines that are discussed in City Council Staff Report No. 252. • Final landscape plans must be submitted to and approved by the Community Development Department prior to installation. • That the recipient of this 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. 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 547.09, Subdivision 8. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October, 2008. e ie oette , ayor ATTEST: ancy i ity er