06-9773r
RESOLUTION NO. 9773
RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION FOR
RYAN COMPANIES US, INC.
WHEREAS, Ryan Companies US, Inc ("Applicant") has requested preliminary
approval to combine and subdivide several tracts of land located generally between 63rd
Street and 66th Street and 1ih Avenue and Trunk Highway 77 (TH 77); and
WHEREAS, the proposed subdivision is to be known as CEDAR POINT
COMMONS; and
WHEREAS, the Planning Commission held a public hearing on the request for a
preliminary plat on April 24, 2006 and voted unanimously to recommend approval; and
WHEREAS, a public hearing on the proposed plat of CEDAR POINT COMMONS
was held on Tuesday, June 13, 2006, at which all interested persons were given the
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
as follows:
1. The proposed plat of CEDAR POINT COMMONS satisfies the requirements of the
City's subdivision ordinances, provided that the property contained within the plat is
rezoned as provided in Bill No. 2006-9
2. Preliminary approval is granted to the Applicant for the plat of CEDAR POINT
COMMONS, subject to the following conditions:
. The property within the plat must be rezoned as provided in Bill No. 2006-9.
. The developer shall submit title evidence to the City Attorney for review, and all owners
as determined by the City Attorney must execute the final plat.
. The developer must obtain final approval of the vacation of those portions of 65th street,
64th Street, 18th avenue, and Cedar Avenue that lay within the area proposed to be
platted.
. Prior to final plat approval, the developer shall execute and deliver to the City a
subdivision agreement that addresses the construction of public and private
improvements necessary for the proposed development including:
a) The developer's agreement to coordinate and pay for necessary relocations of public
utilities from public rights of way that are vacated;
b) The developer's agreement to pa~ special assessment for improvements of the
intersection of 66th Street and 1 i avenue equal to 20% of the cost of the project, with
a minimum of $460,000.00 and a maximum of $910,000.00;
c) The developer's agreement to complete the construction of the intersection
improvements at 66th Street and 1 ih Avenue if the City's contractor fails to complete
construction by August 1 ,2007; and
d) The developer's agreement to maintain, repair, replace, and restore landscape
plantings and irrigation systems, and special retaining wall treatments that will be
located between the curb lines of 66th Street and17th Avenue.
. Prior to final plat approval, 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 the property. Prior to release of the final plat by the City, the developer
must provide assurances satisfactory to the City Attorney that the approved declaration
or instrument has been recorded or will be recorded against the property such that the
restrictions will be enforceable against all entities that hold interests in the property.
. Prior to final plat approval, the applicant must provide easements for all relocated
utilities.
. Prior to final plat approval, the applicant must obtain review of the plat by the
Metropolitan Airports Commission.
. Prior to final plat approval, the applicant must obtain review of the plat by Hennepin
County and the Minnesota Department of Transportation, as required by Minn. Stat. S
505.03.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
June, 2006.
M~~J~
ATTEST:
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