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07-9936r RESOLUTION NO. 9936 RESOLUTION AUTHORIZING AN AMENDMENT TO THE PLANNED UNIT DEVELOMENT, 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 an amendment to the planned unit development, final development plan and conditional use permit for the mixed use development on land generally located in the northwest quadrant of 66th Street and Trunk Highway 77, legally described in Exhibit A. WHEREAS, the City Council held a public hearing on the original request for a planned unit development, final development plan, and conditional use permit on June 13, 2006 and voted to recommend approval. WHEREAS, the Planning Commission held a public hearing on the request for an amendment to the final development plan and conditional use permit on May 14, 2007 and voted to recommend approval of the amended plan. WHEREAS, notice of the public hearing was mailed to property owners within 350 feet of the subject property on April 30, 2007. WHEREAS, the City Council conducted a public hearing on the amendment to the final development plan and conditional use permit on May 22,2007. WHEREAS, the proposed amendment is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. WHEREAS, the commercial use is consistent with any officially adopted redevelopment plan or urban design guidelines. WHEREAS, The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code: Adequate provision has been made for lighting, traffic, parking, landscaping, utilities, exterior treatment of buildings, screening mechanical equipment, dumpster enclosures and stormwater management. WHEREAS, The proposed 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. WHEREAS, There is a public need for such use at the proposed location. The area has been identified for mixed use development in the Cedar Avenue Corridor Redevelopment concept master Plan. WHEREAS, The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. A bank is an allowable uses in the PC-2 district. WHEREAS, the City has fully considered the request for approval of the amendment to the final development plan and conditional use permit. 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 final development plan and conditional use permit are approved for the TCF Bank as described in City Council Report No. 132, on the Subject Property legally described in Exhibit A. . 3. The Conditional Use Permit is subject to the following conditions and in addition to those specified in Section 526.27, Subdivision 6 of the City's Zoning Ordinance: . TCF Bank shall be developed and maintained in conformance with the following plans: 1. TCF Landscape Plan, dated 4/23/07 2. Lighting Plan, dated 6/29/06 3. Dimensional Site plan (south), dated 6/29/06 with revision 4. Grading Plan, dated 6/29/06 with revision 5. Storm Sewer Plan, dated 6/29/06, with revision . The property owner and/or tenant are responsible for replacing any required landscaping that dies. . The three trees located on the west elevation of the building will be replaced with the originally approved 3.5-inch caliper Greenspire Linden trees. . The trellis at TCF Bank will be designed as illustrated in the approved plans, included with the staff report. . Building materials shall be an integral color palette to the overall development and shall be maintained in conformance with the approved plans. . All rooftop mechanicals will be screened from all directions. . All exterior speaker noise shall comply with Section 930 of the City Code. . Any wall pack lighting on the building must be shielded. . Need to paint service doors, mechanical equipment and gas and electrical meter boxes to match wall color. . All trash removal shall be handled internally in the TCF Bank building. . Any changes to the signage that is not shown on the approved plans will require a minor amendment to the Cedar Point Commons PUD. . Tenant must apply and receive approval of separate sign permit from Inspection Department before any signage is installed. . Any electronic sign can not be displayed do to the current moratorium on electronic signs. . A 60 foot no build easement will be maintained between the north elevation of the TCF Bank and the SuperTarget building per Building Code requirements. . The building address must be displayed on the building before a Certificate of Occupancy is issued. 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 2007. Adopted by the City Council of the City of RiChR~ th~aY, Debbie Goettel, Mayor ATTEST: '-h~{VL<6;:jJ;vJ Nancy Gibbs, ity Clerk Exhibit A LOTS 1 THROUGH 8, BLOCK 1, LOTS 1 THROUGH 4, BLOCK 2, OF THE CEDAR POINT COMMONS PLAT.