12-10673r RESOLUTION NO. 10673
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL
USE PERMIT FOR AN AUTO BODY/ MECHANICAL REPAIR SHOP
AT 301 77TH STREET WEST
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 planned
unit development to allow construction of an auto body/ mechanical repair shop at 301
West 77th Street, legally described as:
Lot 1, Block 1, Candlewood Hotel, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public
hearing and recommended approval of the proposed final development plan and
conditional use permit on June 25, 2012; 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 June 11, 2012; and
WHEREAS, the requested final development plan and conditional use permit
meets those requirements necessary for approving a planned unit development as
specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City
Council Staff Report No. 125; and
WHEREAS, the request meets those requirements necessary for approving a
conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6
and as detailed in City Council Staff Report No. 125; and
WHEREAS, the City has fully considered the request for approval of a planned
unit development, 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.
2. A planned unit development, final development plan and conditional use permit
are approved for a commercial development as described in City Council Report
No. 125, on the Subject Property legally described above.
3. The approved planned unit development, final development plan and conditional
use permit are subject to the following conditions:
• A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• That the developer acquires the required Housing and Redevelopment
Authority parcel.
• That a revised site plan with 1) a reduced driveway apron to improve
pedestrian safety, 2) a drive that conforms to City Detail requirements (on file
with Public Works), 3) a parking plan that removes perpendicular parking off
of the shared drive or address Public Works safety concerns in a mutually
agreed-upon manner, and 4) a minimum of 14 feet of dedicated right-of-way
must be submitted to and approved by the Community Development and
Public Works Directors prior to issuance of a building permit.
• That a revised landscape plan identifying the species of existing trees be
submitted. Any Ash trees within the City right-of-way must be removed and
replaced with a City-approved variety.
• That a stormwater management plan be submitted to and approved by the
Public Works Director prior to issuance of a building permit.
• That revised lighting plans in substantial agreement with code requirements
be submitted to and approve by the Community Development Director.
• That windows adjacent to 77t Street allow two-way visibility.
• That all mechanical and utilitarian items be screened from public areas.
• That all repair, assembly, disassembly, and maintenance of vehicles take
place within the enclosed building.
• That all plans required by and detailed within the Administrative Review
Committee Report dated April 3, 2012 be submitted and approved by the
relevant Department.
• The property owner is responsible for replacing any required landscaping that
dies.
• This approval does not include signs. Separate sign permits are required.
• Prior to the issuance of an occupancy permit, the applicant shall submit a
surety equal to 125% of the value of any site improvements (based on two
bids including labor cost) not yet complete.
4. The approved planned unit development, final development plan and conditional
use permit shall expire one year from issuance unless the use for which the
permit was granted has commenced, substantial work has been completed or
upon written request by the developer, the Council extends the expiration date
for an additional period of up to one year, as required by the Zoning Ordinance,
Section 547.09, Subd. 9.
5. The approved planned unit development, 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 547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of
July, 2012.
/i`/
Debbie Goettel, Mayor
ATTEST:
AL 4
Nancy Gib 41 ity Clerk