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08-08 Resolution No. 12113RESOLUTION NO. RESOLUTION APPROVING A AMENDED CONDITIONAL USE PERMIT FOR A PRESCHOOL AND DAY CARE AT 7132 PORTLAND AVENUE WHEREAS, an application has been filed by Tierra Encantada, with the City of Richfield, which requests an increase in capacity from 244 children to 330 children, for the preschool and day care at Hope Church, 7132 Portland Avenue, legally described as follows: Lot 1, Block 1, Hope Presbyterian Church Addition; And also that part of the East Quarter of South Quarter of Southeast Quarter of Northeast Quarter of Northeast Quarter Lying South of the North 90 Feet thereof except road. WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit at its July 24, 2023 meeting; and WHEREAS, notice of the public hearing was published in the Sun Current and mailed to properties within 350 feet of the subject property on July 13, 2023; and WHEREAS, the requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield’s Zoning Code, Subsection 547.09 and 514.07, Subdivision 8, as detailed in City Council Staff Report No.____; 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.The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above, and the findings listed in the Required Findings Statement. 2.The requested conditional use permit for a 330 child preschool and day care, as described in the City Council Staff Report, on the property legally described above, is hereby approved, subject to the following conditions: a)That the applicant records this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City’s Zoning Ordinance Section 547.09, Subd. 8. A recorded copy of the approved resolution must be submitted to the City prior to the issuance of an occupancy permit. b)Any new rooftop or ground mechanical equipment must be screened, per Zoning Code Section 544.05. c)Sign permits are required for any signs greater than six square feet in size. d)No lighting changes are proposed or approved. 12113 Res. 12114 93 e)Four bicycle racks shall be installed to accommodate 8 bicycles, per Section 544.17, prior to Certificate of Occupancy. Style and location of racks to be reviewed and approved prior to installation. f)The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated June 23, 2023, and compliance with all other City, County and State regulations. g)Bike racks to be installed prior to Certificate of Occupancy. h)Prior to the issuance of an occupancy permit the applicant must submit a surety equal to 125% of the value of any improvements and/or requirements not yet complete. This surety shall be provided in the manner specified by the Zoning Code. 3.The conditional use permit shall expire one year after issuance unless 1) the use for which the permit was granted has commenced; or 2) building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 4.This 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 City’s Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of August 2023. _______________________ Mary B. Supple, Mayor ATTEST: ___________________________ Dustin Leslie, City Clerk Tierrra Encantada (7132 Portland Ave.) Code Requirements / Required Findings Part 1 – Conditional Use Permit: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (547.09, Subd. 6): 1.The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. The proposed use is consistent with the “Public/Quasi-Public” guiding designation. The Comprehensive Plan does not have any goals or policies specifically related to day care facilities, however, the proposal provides a much needed services to families. 2.The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of the Zoning Code is to protect and promote the public health, safety, aesthetics, economic viability, and general welfare of the City. The purpose of the R “Low Density Residential” district is to protect and preserve the low density residential character and provide residential locations that are safe, attractive, and quiet. The proposal is consistent with both these purposes. 3.The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. There are no specific redevelopment plans or design guidelines that apply to the property. 4.The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The property will maintain the status quo in regards to performance standards requirements. Since no building expansion is proposed, the site may continue with its present nonconformities, if there are any – a comprehensive review was not conducted, except for parking which is compliant. 5.The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City’s Public Works and Engineering Departments have reviewed the proposal and do not anticipate any issues. 6.The use will not have undue adverse impacts on the public health, safety, or welfare. The proposed use is not anticipated to have any adverse impacts to public health, safety and welfare. 7.There is a public need for such use at the proposed location. The use is in high demand; the public need is strong. 8.The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. The use will comply with the two specific conditions listed by the R district for state licensed day care facilities serving more than 15 children.