13-10780r RESOLUTION NO 10780
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT 6330, 6400 AND 6430 LYNDALE AVENUE
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 include a 151-unit, 6-story residential building; 9,000 square feet of retail
space; 2,600 square feet of restaurant; and outdoor activity areas in coordination with an
adjacent retail development, on land generally located at 6330, 6400 and 6430 Lyndale
Avenue and legally described in the attached Exhibit A; and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
and recommended approval of the requested final development plan and conditional use
permit at its February 25, 2013 meeting; 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 February 12, 2013; 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. 62; 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. 62; 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 mixed use development as described in City Council Report No. 62,
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:
• This approval is contingent upon the following land use approvals, each of
which is integral to the overall development plan of the Subject Property: (a)
approval of the final plat for LYNDALE GARDENS, a subdivision consisting
of three lots and three outlots and incorporating the lands now located at
6330, 6400 and 6430 Lyndale Avenue; (b) approval of the final development
plan and conditional use permit for the property proposed to be platted as Lot
1, LYNDALE GARDENS, according to the Proposed Planned Unit Parcel
Division Exhibit on file in the Community Development Department.
• A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• The property must be platted and the plat recorded prior the issuance of a
building permit.
• Cross-access and shared parking agreements must be recorded against all
parcels prior to the issuance of a certificate of occupancy.
• Restaurants require odor control unless deemed unnecessary by the
Community Development Director.
• Restaurant space may not exceed 2,600 square feet unless supported by
parking analysis.
• This approval includes sign locations only. Separate sign permits are
required.
• Final building plans/elevations for the retail building must be submitted to and
approved by the Community Development Director prior to the issuance of
building permits.
• Final lighting plans must be submitted to and approved by the Community
Development and Public Works Directors.
• A final sediment and erosion control plan must be submitted to and approved
by the Public Works Director.
• Final stormwater management plans must be submitted to and approved by
the Public Works Director.
• Final plans for sidewalks and improvements in and along the right-of-way
must be submitted to and approved by the Community Development and
Public Works Directors.
• A maintenance agreement related to sidewalks and landscaping must be
executed prior to issuance of a Certificate of Occupancy.
• Final utility plans must be submitted to and approved by the Public Works
Director.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report and compliance with all other City and State regulations.
• Prior to the issuance of an occupancy permit the Developer must submit a
surety equal to 125% of the value of any improvements not yet complete.
• The property owner is responsible for replacing any required landscaping
that dies.
• This permit shall expire one year after is has been issued unless: 1) the use
for which the permit was granted has commenced; 2) building permits have
been issued and substantial work performed; or 3) upon written request of
the applicant, the Council extends the expiration date for an additional period
not to exceed one year.
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.
6. This resolution will not become effective until the effective date of Ordinance No.
2013-4 (Ordinance Rezoning the Subject Property).
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
March, 2013.
Debbie Goettel, Mayor
ATTEST:
\` J L v/S-mil
Nancy Gibbsfity Clerk
EXHIBIT A
LEGAL DESRCRIPTIONS
6400 & 6430 Lyndale Ave
PARCEL A:
Par 1:
That part of the following described land and accretions thereto lying northerly of the
northerly line of Registered Land Survey No. 1560 and its extensions:
That part of Government Lot 3 in Section 28, Township 28, Range 24 described as
follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94
feet South from the Northeast corner thereof; thence West at a right angle to said East
line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet;
thence West at a right angle a distance of 123.5 feet to the Southerly extension of the
West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension
to its intersection with a line drawn parallel with and distant 192.67 feet South of the
Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's
Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the
Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence
South along said Southerly extension to its intersection with a line drawn parallel with and
distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along
said parallel line to its intersection with the Southerly extension of the East line of the
North-South alley platted in said Block 2; thence North along said Southerly extension to
the South line of the East-West alley platted in said Block 2; thence West along said
South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial
Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the
bed of Grass Lake; thence Southeasterly along said mean center line, determined in
Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560,
Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along
the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly
extension of the Northwesterly line of Tract A, Registered Land Survey No. 675,
Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension
and along the Northwesterly line of said Registered Land Survey No. 675 to the East line
of said Government Lot 3; thence North along said East line to the point of beginning;
except that part of the East 176.5 feet thereof lying Northerly of a line bearing South 82
degrees West (assuming the East line of said Government Lot 3 to bear North and
South) from a point on said East line distant 1176.3 feet South of the Northeast corner of
said Lot 3.
Par 2:
That part of Government Lot 3, Section 28, Township 28, Range 24, Hennepin County
Minnesota, described as follows: Commencing at the intersection of the East line of said
Government Lot 3 with the Northwesterly line of Tract A, Registered Land Survey No.
675, Hennepin County, Minnesota; thence on an assumed bearing of South 55 degrees
14 minutes West along the Northwesterly line of said Tract A and its extension a distance
of 178.99 feet to the actual point of beginning; thence South 72 degrees 50 minutes 34
seconds East to the West line of Tract C, in said Registered Land Survey No. 675;
thence Northerly along said West line to the Northwesterly corner of said Tract C; thence
South 55 degrees 14 minutes West to the actual point of beginning.
Par 3:
Tracts A and B, Registered Land Survey No. 1560, Hennepin County, Minnesota.
Torrens (Certificate of Title No. 1075759)
PARCEL B:
Par 1:
That part of Government Lot 1 in Section 27, Township 28, Range 24 lying Southwesterly
of the Southwesterly line of Lyndale Avenue South and Northwesterly of Registered Land
Survey No. 675, Hennepin County, Minnesota.
Par 2:
That part of the following described land and accretions thereto lying southerly of the
northerly line of Registered Land Survey No. 1560 and its easterly extension:
That part of Government Lot 3 in Section 28, Township 28, Range 24 described as
follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94
feet South from the Northeast corner thereof; thence West at a right angle to said East
line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet;
thence West at a right angle a distance of 123.5 feet to the Southerly extension of the
West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension
to its intersection with a line drawn parallel with and distant 192.67 feet South of the
Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's
Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the
Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence
South along said Southerly extension to its intersection with a line drawn parallel with and
distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along
said parallel line to its intersection with the Southerly extension of the East line of the
North-South alley platted in said Block 2; thence North along said Southerly extension to
the South line of the East-West alley platted in said Block 2; thence West along said
South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial
Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the
bed of Grass Lake; thence Southeasterly along said mean center line, determined in
Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560,
Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along
the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly
extension of the Northwesterly line of Tract A, Registered Land Survey No. 675,
Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension
and along the Northwesterly line of said Registered Land Survey No. 675 to the East line
of said Government Lot 3; thence North along said East line to the point of beginning.
Par 3:
All of Tract A;
Tract B, except the northwesterly 15 feet of said Tract B, and except that part of the
southwesterly 55 feet of said Tract B lying southeasterly of said northwesterly 15 feet
thereof,
all in Registered Land Survey No. 675, Hennepin County, Minnesota.
Together with a non-exclusive easement for driveway purposes over the Northwesterly
15 feet of Tract B, Registered Land Survey No. 675, Hennepin County, Minnesota as
shown in deed Doc. No. 536923; (as to land in Par 3).
Torrens (Certificate of Title No. 1169344)
STRIP PARCEL:
The Northwesterly 15 feet of Tract B, Registered Land Survey No. 675, County of
Hennepin.
6330 Lyndale Ave
Par 1:
That part of Government Lot 3, Section 28, Township 28, Range 24 described as follows:
Beginning at a point on the East line of said Government Lot 3 distant 1131.3 feet South
from the Northeast corner of said Government Lot 3; thence on an assumed bearing of
North along said East line a distance of 70.36 feet; thence West at a right angle a
distance of 176.5 feet; thence South at a right angle a distance of 95.17 feet, more or
less, to an intersection with a line bearing South 82 degrees West from the point of
beginning; thence North 82 degrees east 178.23 feet; more or less, to the point of
beginning.
Par 2:
That part of Government Lot 3, Section 28, Township 28, Range 24, beginning at a point
on the East line of said Lot distant South 1176.3 feet from the Northeast corner thereof;
thence North on said East line 45 feet; thence South 82 degrees West to a line drawn
parallel with and distant 176.5 feet West of the East line of said Government Lot 3 thence
South along said parallel line to a line drawn South 82 degrees West from the point of
beginning thence North 82 degrees East to said point of beginning.
Torrens Property, Certificate of Title No. 743681