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40 Resolution 521-97 CUP for Children's Home Society August 6, 1997 Page 3 A condition of approval has been included which requires any signage proposal be in accordance with the Mounds View Sign Code, and with any overall sign package for the Community Center established by the City of Mounds View h. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet,except as provided in Section 1123.02 Subd.1.c. It is approximately 550 feet between the play yard and the closest point along the Highway 10 right-of-way, which exceeds the minimum distance of 200 feet. i. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license,as provided in Section 502 of the Municipal Code,or a license for an adult establishment,as provided in Section 513 of the Municipal Code,is five hundred(500)feet or less,except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. 110 There are no businesses holding a license for adult businesses or liquor within 500 feet of this property. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends approval of a conditional use permit for a day care center for up to 98 children, to be operated by the Children's Home Society at 5394 Edgewood Drive, with the following conditions: 1. The applicant shall revise the site plan to show a tot lot area of at least 3 800 square feet prior to issuance of use and occupancy permits for this facility. 2. The applicant shall have access to a tot lot having at least 3800 square feet during the life of this permit, except that for the first year of operation(August 1997-August 1998), the applicant may use an alternative playground facility in City Hall Park to meet this requirement, due to phasing of the site grading where the day care center is to be located. Prior to operation of the day care center, the applicant shall provide to the City evidence of liability insurance in an amount acceptable to the City Attorney, which shall include provisions for holding the City harmless for any claims resulting from use of City Hall Park as an alternative playground facility. 3. Hours of operation shall not exceed 6:00 AM to 8:00 PM, Monday through Friday on a 41110 year round basis.