13-10801r RESOLUTION NO. 10801
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT 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 allow construction of a 25,000 square foot retail store in coordination with
an adjacent mixed use development, on land generally located at 6400 and 6430 Lyndale
Avenue and legally described in the attached Exhibit A:
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 May 29, 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 May 14, 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. 109; 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. 109; 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.
109, 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:
• 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 and other similar food preparation facilities require odor control
unless deemed unnecessary by the Community Development Director.
• Separate sign permits are required. This approval does not constitute approval
of signs.
• Final building materials must be approved by the Community Development
Director.
• The applicant must discuss alternative pavement treatments for crosswalks
throughout the parking lot area with City staff. Final paving plans must be
approved by the Community Development and Public Works Directors.
• Final lighting plans, including street lighting and Sheppard Hook pedestrian
lighting in accordance with Public Works requirements, must be submitted to
and approved by the Community Development and Public Works Directors. A
maintenance agreement related to lighting must be recorded prior to the
issuance of a Certificate of Occupancy.
• The property owner is responsible for the ongoing maintenance and tending of
all landscaping in accordance with approved plans.
• Final landscaping plans must be approved by the Directors of Public Works and
Community Development. Full site irrigation, including boulevards, is required.
• A construction and maintenance agreement must be recorded prior to the
issuance of a final Certificate of Occupancy.
• The applicant is responsible for obtaining all required permits, compliance with
all requirements detailed in the City's Administrative Review Committee Report
dated May 9, 2013 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.
• As-built or $7,500 cash escrow required prior to issuance of final Certificate of
Occupancy.
• This permit shall expire one year after it 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.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
June, 2013. /i/
Debbie Goettel, Mayor
AT EST:
Nancy Gibbs, i y Clerk
EXHIBIT A
LEGAL DESRCRIPTION
Lot 3, Block 1, Lyndale Gardens, Hennepin County, Minnesota