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HomeMy WebLinkAbout2018-43RESOLUTION NO. 2018 -43 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT FOR THE DAYCARE LOCATED AT 4025 UNIVERSITY AVENUE NE. WHEREAS, based on neighborhood complaints about excessive outdoor noise during evening hours, the Community Development Director is requesting an amendment to the Conditional Use Permit at the following site: ADDRESS: 4025 University Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE FOLLOWING IS REQUESTED: An amendment to the Conditional Use Permit per Code Section 9.106 (P)(12)(c)(d), to restrict outdoor operations at the property located at 4025 University Ave NE to between 8:00 am and 6:00 pm. WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on August 8tn, 2018; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights adopts the amended Conditional Use Permit, including the added outdoor hours of operation condition: CONDITIONS 1. A maximum of 56 children are allowed to be enrolled at the daycare. 2. Seventy five (75) square feet of outdoor, fenced in, play space per child is required to be maintained. 3. A fence of at least six (6) feet in height and at least 80% opacity shall be constructed around the north, south and east sides of the property. The fence shall be constructed and operable no later than February 15, 2019. 4. Outdoor hours of operation, including outdoor play time, shall be limited to between 8:00 AM to 6:00 PM Monday through Friday; and. 10:00 AM to 4:00 PM Saturday and Sunday. 5. At least seven (7) paved onsite parking spaces are required. 6. The daycare must maintain proper licensing with the State of Minnesota at all times. 7. All other applicable local, state and federal regulations must be followed at all times. City of Columbia Heights - Council Resolution ORDER OF COUNCIL Passed this 13th day of August, 2018. Offered by: Buesgens Seconded by: Novitsky Roll Call: All Ayes r Donna Schmitt, Mayor Attest: Nancy Boker, Council Secretary Pro Tern Page 2