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07-24 Resolution No. 11526 RESOLUTION NO. 11526 RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A K-8 SCHOOL AT THE HUB SHOPPING CENTER PLANNED UNIT DEVELOPMENT WHEREAS , an application has been filed with the City of Richfield which requests approval of an amended final development plan and conditional use permit to allow construction of a new K-8 public school building to replace the Bremer Bank building in the planned unit development at Hub Shopping Center, located at 6500 Nicollet Avenue, property legally described as: Lot 1, Block 1, RICHFIELD HUB SUPERBLOCK, according to the recorded plat thereof, Hennepin County, Minnesota WHEREAS , the public school would initially serve approximately 380 students in grades K-5, expanding to a projected enrollment of 470 students in grades K-8; and WHEREAS , the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested amendment to the final development plan and conditional use permit at its June 25, 2018 meeting; and WHEREAS , notice of the public hearing was mailed to properties within 350 feet of the subject property on June 12, 2018 and published in the Sun Current newspaper on June 14, 2018 and; and WHEREAS , the requested amendment to the final development plan and conditional use permit 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. 126; and WHEREAS , the request meets those requirements necessary for approving a conditional use permit as specified in Richfield’s Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No. 126; and WHEREAS , the City has fully considered the request for approval of an amended planned unit development, final development plan and conditional use permit; and NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Richfield, Minnesota, as follows: WHEREAS 1. The City Council adopts as its Findings of Fact the clauses set forth above. 2. An amended planned unit development, final development plan and conditional use permit are approved to allow a new K-8 public school building at 6500 Resolution No. 11526 Nicollet Avenue, as described in City Council Report No. 126; on the Subject Property legally described above. 3. The approved planned unit development, final development plan and conditional use permit are subject to the following conditions:  A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit.  Fence height shall not exceed six (6) feet. Fence material shall be a decorative metal style. Chain link or vinyl fence shall not be used in areas visible from public right-of-way. Along Nicollet Avenue, fence shall not extend into the required five (5) foot front yard setback.  The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans.  Prior to the issuance of a Certificate of Occupancy, the applicant must provide proof to the City that a minimum of 64 parking spaces are available to staff and visitors. 75 parking stalls are required for maximum enrollment of 470 students. Parking may be provided through a combination of any of the following: (i) constructing additional parking on site or (ii) securing additional parking on adjacent property. Plans for construction of additional on-site parking must be approved by the Community Development Department.  All required parking spaces shall remain available year round and shall not be used for snow storage.  A parking utilization study may be used to reduce required parking at the Community Development Director’s discretion.  Separate sign permits are required. This resolution does not constitute approval of any signs.  The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated May 10, 2018 and compliance with all other City and State regulations.  Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete.  Unless specifically modified by this resolution, all previous conditions of approval remain in place. 4. The approved planned unit development, final development plan and conditional use permit shall expire one year from issuance unless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning Ordinance, Section 547.09, Subd. 9. 5. The approved planned unit development, final development plan and 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, Subd. 10. Resolution No. 11526 Adopted by the City Council of the City of Richfield, Minnesota this 24th day of July, 2018. Pat Elliott, Mayor ATTEST: EI'abe h ran oo e,� lerk Resolution No. 11526