06-9772r
RESOLUTION NO. 9772
RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR THE CEDAR POINT COMMONS PROJECT
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a final development plan and conditional use permit for a
commercial development of 29.6 acres on land generally located between 17th
Avenue and Trunk Highway 77 (TH 77) and 63rd and 66th Streets, legally
described in Exhibit A; and
WHEREAS, the Planning Commission held a public hearing on the
request for a final development plan and conditional use permit on April 24, 2006
and voted unanimously to recommend approval; and
WHEREAS, the Environmental Assessment Worksheet for the project has
been found adequate; and
WHEREAS, notice of the public hearing was published in the Sun-Current
and mailed to property owners within 350 feet of the subject property on June 1,
2006; and
WHEREAS, the City Council conducted a public hearing on the final
development plan and conditional use permit on June13, 2006; and
WHEREAS, the proposed commercial use is consistent with the goals,
policies, and objectives of the City's Comprehensive Plan:
A. The Comprehensive Plan Guide Plan designates the
project area as Regional Commercial/Office and the
proposed development is consistent with this
designation.
B. An objective of the Comprehensive Plan is to "advocate
and support with municipal investment a high quality
visual environment throughout the City and particularly
along major transportation corridors." The proposed
development is consistent with this objective.
C. The development is also consistent with the following goal of the
Comprehensive Plan: "Provide an economic climate within
Richfield that will encourage the availability of quality goods,
services and employment opportunities for residents."
D. The development is consistent with the Comprehensive Plan
goal to, "Promote diverse development that will broaden the tax
base while reinforcing the residential character of Richfield," and
with its accompanying objective, "promote development that can
support itself and broaden the tax base."
E. The development is consistent with the following
Comprehensive Plan objective: "promote Richfield's locational
advantage within the greater metropolitan area."
F. The development is consistent with the Comprehensive Plan
objective to "address the means to improve the visual quality
throughout the City, concentrating on design districts and
transportation corridors, beginning with land use coordination."
G. The development is consistent with the description of the Cedar
Avenue Corridor subarea plan that states as follows: "The
proposal for the Corridor area between East 63rd Street and
Diagonal Boulevard is proposed to be largely redeveloped to
attract regional commercial and office."
WHEREAS, the commercial use is consistent with any officially adopted
redevelopment plans or urban design guidelines:
A. A redevelopment project area has been established. The proposed
project is consistent with that project area.
B. The project area provides for the facilitation of redevelopment of land
for the construction of commerciallretail development better suited to
withstand airport noise.
C. The project area provides modern transit stops with bus pullouts and
landscaping.
D. The project area provides newer designed, high-volume street
intersections better able to control traffic and interface with pedestrian
traffic.
E. The project area provides for bikeways, pathways for non-vehicular
traffic.
F. The project area enhances streetscape with decorative concrete,
pedestrian lighting, and landscape features.
WHEREAS, the commercial use is or will be in compliance with the
performance standards specified in Section 541 of this code:
A. Lighting will provide adequate levels for safe use of parking
areas. The lighting will meet City ordinance requirements for
less than D.5-foot candles at any residential property line. One
hour after store closings, only safety lighting will remain on.
B. The development will include 1,521 parking stalls, which is
appr()ximately 92 percent of the number of stalls that would be
required under the City's parking standards. The reduction in
parking stalls is acceptable because of the transit-oriented
nature of the development. It is expected that many shoppers
and employees will use modes of transportation other than cars.
Shared parking and differences in peak parking needs for the
different businesses are also expected to reduce the parking
demand.
C. Several traffic improvements are planned in the vicinity of the
development, including a new roundabout at 1 ih Avenue and
66th Street and improvements to TH 77 and 66th Street. Those
improvements, which have received necessary approvals, will
accommodate the traffic of the development as well as future
development south of 66th Street. The development includes
transit-oriented elements, including bus pull-outs on 66th Street,
twenty-foot sidewalks throughout the development to allow for
comfortable walking and strolling space for shoppers, and bike
racks to be located throughout the development to allow
shoppers and employees the choice of using alternative modes
of transportation to the development. The project will be
accessible by foot, public transportation, bicycle, and motor
vehicle.
D. The City Zoning Ordinance requirements for landscaping are
exceeded by the proposed landscaping plan. The developer will
provide trees of 3 % inch and 4 inch caliper, where the code
requires only 2-~ inch caliper. Shade trees will be planted
along the perimeter every 30 feet as required by code. The
development will include approximately 462 trees, where the
code requires only 329 trees. The east side of 1ih Avenue has
a 27 -foot wide berm that will be planted with multiple layers of
over-story and ornamental trees and shrubs from 65th Street to
64th Street to separate the parking from the street and minimize
the intrusion of headlights into the neighborhood. From 64th
Street to 63rd Street the berm will turn to a heavily landscaped
edge with evergreen shrubs for year-round screening.
E. Trash will be accommodated inside the truck wells of Home
Depot and SuperTarget. Trash will be accommodated inside
the buildings for all other buildings.
F. Electrical and utility service lines will be installed underground.
G. The west elevation of the SuperTarget and Home Depot
buildings and the south elevation of the SuperTarget building
will use a concrete block material that looks like brick. The
building materials on the other buildings will include the
concrete block material, metal panels and glass, and the
architecture for the buildings is four-sided architecture.
H. Roof-top mechanical equipment will not be visible. from
surrounding roadways, and if it is found to be visible all roof-top
mechanical equipment will be screened with like material of the
building(s) and approved by the Community Development
Department.
I. The development complies with the City's surface water
management plan. The developer will construct a regional pond
in the MnDOT right-of-way that is located to the north of Cedar
Point Commons and to the west of TH 77. The regional pond
will be designed and constructed to retain and treat stormwater
runoff for 130 acres, including the 3D-acre Cedar Point
Commons development as well as future runoff from the west of
17th Avenue and portions to the south of 66th Street in the
Cedar Avenue Corridor. The stormwater design takes
advantage of the soil conditions that will allow infiltration of
stormwater. The majority of the storm sewer will be perforated
pipe to allow water to be dispersed throughout the site as the
water flows to the pond. The developer has also included a
water infiltration landscape area in the parking lot between
SuperTarget and Home Depot as a way to reduce stormwater
runoff.
WHEREAS, the commercial use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or proposed improvements:
There are adequate facilities, utilities and services to support the development.
With the proposed improvements as identified in the Environmental Assessment
Worksheet, there will be adequate roadways to serve the development; and
WHEREAS, the commercial use will not have undue adverse impacts on
the public health, safety, or welfare:
A. The development is designed to be pedestrian-friendly and
transit-oriented, and planned traffic improvements will
accommodate additional traffic generated by the development.
B. The development includes a screen wall approximately 800 feet
in length along TH 77. The wall will screen almost all delivery
activity behind Home Depot and SuperTarget. Complementary
plantings will blend with the screen wall and architectural
facades.
C. The development includes significant landscaping to provide a
buffer and screening from residential development to the west.
D. The developer has consulted with a noise consultant to mitigate
the noise impacts on the development caused by the
neighboring airport. The developer has incorporated several
features into its development in order to mitigate noise,
including: orientating the site to the west, away from the airport;
locating the majority of doors to face north, south and west,
away from the airport; limiting the number of windows facing
east - only .02% of all the building facades is comprised of
windows; and using building materials (other than windows) that
reduce noise levels so as to meet applicable noise standards;
and
WHEREAS, there is a public need for such use at the proposed location;
the Comprehensive Plan description of the Cedar Avenue Corridor plan states as
follows: "The intersection of East 66th Street and Cedar Avenue affords the
opportunity to attract a major regional commercial use such as a regional retail
center;" and
WHEREAS, the commercial use meets or will meet all the specific
conditions set by this code for the granting of a final development plan and
conditional use permit; and
WHEREAS, the City has fully considered the request for approval of the
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:
1. The City Council adopts as its Findings of Fact the WHEREAS
clauses set forth above, and all the facts set forth in the
Background Section of City Council Report No. 142.
2. A final development plan and conditional use permit are approved
for a commercial use as described in City Council Report No. 142,
on the Subject Property legally described in Exhibit A.
3. The final development plan and conditional use permit are subject
to completing the following conditions before being issued:
Ongoing Conditions and Requirements
1) The site shall be developed and maintained in substantial conformance with
the following plans, unless modified by the conditions below
a) Site Plan, dated 6/1/06
b) Elevations,
i) Target, including wall signs and roof logo, dated 3/20/06
ii) Home Depot, including wall signs, dated 1/20/06
iii) Retail Building, dated 4/4/06
iv) Outbuildings, dated 3/31/06
c) Building materials, dated 2/27/06
d) Grading Plan, dated 6/1/06
e) Utility Plan, dated 6/1/06
f) Lighting Plan, dated 6/1/06
g) Landscaping Plan, dated 6/1/06
h) Removals Plan, dated 6/1/06
i) Traffic Signage and Striping Plan, dated 6/1/06
j) Project signs, dated 4/27/06 and 3/31/06
k) Cedar Point Operations, Appendix A
2) Uses not allowed in the planned unit development include: stereo installation,
taxi or limousine service, vehicle parts store, tree trimming services,
assembly, light manufacturing, and warehouse, auto or boat saleslleasing,
service stations, auto detailing, car washes, public-mechanical garage, and
public-auto body garage.
3) Future buildings and additions require major planned unit development
amendment.
4) Design of future buildings shall be similar to SuperTarget and Home Depot.
5) Maximum height of buildings should be 100 feet (based on Minneapolis-St.
Paul International Airport Zoning Ordinance).
6) The property owner is responsible for replacing any required landscaping that
dies.
7) Property owner and tenants are responsible for ensurinq all appropriate and
reasonable measures are taken so that shoppinq carts will stay on the
property.
8) Concrete commercial driveway aprons required at all entrances between
public streets/ private & City property.
9) Trash containers shall be stored inside buildings or within the Target or Home
Depot truck wells.
1 O)Plans approved by City Council are subject to any changes set forth by
required code compliance and policy.
11)Buildings shall be constructed to meet noise standards set forth in the report
of Orfield, dated May 18, 2005. Improvements for noise shall include:
a) Orientation of the entire site to the west.
b) Majority of all doors in the development face north, south, and west. Away
from the north-south runway.
c) Cedar Point Commons building materials meeting all Orfield requirements,
except windows.
12)During construction, 17th Avenue and 66th Street must be kept free of debris
and sediment, and the tree protection fencing and erosion control fencing
must be maintained.
Before the issuance of the Final Development Plan and Conditional Use
Permit
1) If applicable, evidence of watershed district approval.
2) The developer must provide to the City Attorney for review a declaration of
covenants or similar instrument that provides for common access and shared
parking consistent with the development plan and that provides for ongoing
maintenance of property.
Before issuance of demolition permits
1) Installation of tree preservation fencing according to approved tree protection
plan, wetland protection fencing, temporary rock driveways and erosion
control measures, as developer acquires property.
2) Attend a pre-construction meeting.
Before issuance of grading permits (not including the interim grading
permit for the utility relocation)
1) Submit construction-parking plan for Public Works review and approval.
2) Submit Sanitary Sewer Extension permit from MPCA.
3) Submit NPDES Permit - Construction Stormwater - from MPCA.
4) Purchase wetland banking credits for stormwater pond.
5) Submit wetland replacement permit from Corps of Engineers, if applicable.
6) Submit encroachment permit for grading from MnDOT.
7) Submit watermain extension approval from Department of Health.
8) Submit permit for connection to interceptor sewer from Met Council, if
applicable.
9) Submit tax abatement county funding approval.
1 O)Submit revised site plans with the following changes for staff review and
approval:
a) Sidewalks should be at least 6 feet wide only if there is at least 4 feet of
landscaping between the curb and sidewalk for snow storage, otherwise
sidewalks should be at least 10 feet.
b) Add bollards in front of Home Depot between sidewalk and parking lot.
c) Add trash containers in front of out buildings' entrances to the stores.
11 )Submit revised removals plan with the following note: "Removal of structures
shall be permitted by the City of Richfield." The City of Richfield will require
the removal of watermain and related structures by Ryan, but the watermain
remains property of the City and the City will recycle the watermain. The City
will take hydrants for spare parts. The City may also salvage signs and
streetlights. Any utility or structure not taken by the City for salvaging or
recycled will need to be disposed of by the contractor.
12)Submit revised utility plans for staff review and approval with the following
change: add "and all requirements and standards of the City of Richfield" to
all utility notes mentioning construction shall conform to standard
specifications.
13)Submit a final stormwater management plan to and approved by the Public
Works Director.
14)Submit a final plan for walkways and sidewalks, both public and private, for
review and approval by staff.
15)Submit financial escrow to ensure compliance with grading and erosion
control plans. The city will not release the letter of credit or cash escrow until
the developer submits as-built drawings and a letter certifying that the utilities
and grading have been completed according to the plans approved by the
city.
16)AII concrete work on the right-of-way must be inspected by the City's
Engineering Department prior to pouring the concrete. A 24-hour notice is
required.
Before issuance of a building permit(s)
1) Submit performance surety for landscaping for 100% of the value.
2) Submit irriqation plan for staff review and approval.
3) Submit building samples to ensure color coordination.
4) Submit maintenance agreement for public improvements and a copy of the
maintenance agreement for the private property.
a) Maintenance Agreement shall include clarification on maintenance of
landscaping and snow removal on 66th Street and 17th Avenue.
b) Maintenance agreement shall clarify responsibility of temporary
maintenance of landscaping in the roundabout and medians on 66th
Street and 17th Avenue.
5) Submit MnDOT approval of landscaping plan along TH 77.
6) Submit amenities plan with benches with backs for staff review and approval.
7) Submit design of Home Depot's cart corrals.
8) Submit revised lighting plan for staff review and approval with the following
changes:
a) Show lighting effects on the building elements, particularly the trellises,
fins and signs.
b) Have sufficient light levels at entrance from 17th Avenue.
c) Have the circuits for lights along 66th Street and 17th Avenue separate
from site lighting.
d) Use high-pressure sodium lights along public streets.
e) Provide manufacture cut sheets for lighting fixtures.
f) All wall packs shall be shielded.
9) Submit revised building elevations for staff review and approval with the
following changes:
a) Removing the Home Depot lettering on the fins on the east fac;ade.
b) Reducing the lettering of the Home Depot sign on the north fac;ade from
five feet to four feet.
1 O)Submit hook-up fees for SAC and WAC.
11 )Submit roof top plan and cross section elevations demonstrating roof top
equipment on all buildings will be screen from the public right-of-way.
12)Submit recorded copy of this resolution.
Before issuance of occupancy permit(s)
1) Receive approval and record final plat.
2) Provide staff a copy of cross access and parking agreements between lots.
3) Complete all work within 17th Avenue and 66th Street right-of-way.
4) Mill and overlay of 17th Avenue. On other streets that are to be paved, paving
needs to be stopped perpendicular to the curbline. 65th Street, 17th and
Cedar Avenue show stepped patches, pave street full width up to furthest
extent of patching.
5) Need to screen or paint service doors, mechanical equipment and gas and
electrical meter boxes to match wall color.
6) Approval does not include the signs shown on the drawings. Separate sign
permits are required.
7) Target logo on roof must receive approval from City Council. The City
Council must deem the site as an unusual location.
8) The developer must provide evidence satisfactory to the City Attorney that the
declaration of covenants establishing access and parking rights and
maintenance obligations, as approved by the City Attorney, has been
recorded against the property and is enforceable against all entities that hold
interests in the property.
4. The 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 546.05, Subd. 9.
5. This resolution shall be effective upon the rezonino of the properties in
accordance with Transitory Ordinance No. 2006-9.
6. The City Clerk is directed that this resolution shall bear the same
number as the previous resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
June, 2006. This resolution replaces and supercedes the resolution as adopted on June
13,2006
~
ATTEST:
~~
Nancy Gibbs, . ity Clerk
Exhibit A
Legal Description
That part of the following described parcels of land:
Lots 1-6, Block 3; and Lots 1-12, Block 4; and Lots 1-16, Block 5; and Lots 3-8 and Lots 9-
14, Block 6; all in IVERSON'S SECOND ADDITION; and Lots 1-14; Block 1; and Lots 1-
14, Block 2; and Lots 1-5 and Lots 9-14 and the Southerly 25 feet of Lot 6, Block 3; and
Lots 1-4, Block 4; and Lots 1-2, block 5; all in IVERSON'S THIRD ADDITION; and Lots 1-
10, Block 5; and Lots 1-12, Block 8; and Lots 3-12, Block 15; all in the NEW FORD TOWN;
according to the recorded plats thereof, Hennepin County, Minnesota