13-10807r RESOLUTION NO. 10807
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE,
400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH 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 a 132,600 square foot automobile dealership and
service campus at 401-77th Street West, 501-77th Street, 7724 Harriet Avenue, 400-78th
Street West, 500-78th Street West and 520-78th Street West 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. 122; 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. 122; 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 an automobile dealership and service campus as described in City
Council Report No. 122, on the Subject Property legally described in Attachment A.
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.
• Minimum right-of-way requirement is 14 feet behind curb on City streets.
• Harriet Avenue must be vacated.
• The property must be platted and the plat recorded prior the issuance of a
building permit.
• The property owner and local Honda manager must meet with City staff annually
beginning in 2015 to discuss progress toward construction of the multi-story
parking ramp. A PUD amendment and building permit shall be required prior to
construction of the proposed parking ramp. If building permit application has not
been received by June 1, 2020, the property owner must return to the Council to
request an extension or amendment to the approved PUD.
• Separate sign permits are required. This approval constitutes height (35-ft) and
setback (3-ft from sidewalk) approval variations only. Up to four 35-foot tall
signs (one campus identifier and one per dealership) are permitted along 1-494
as shown on plans dated 5/13/13. An "entry element" wall with minimal signage
(shown on plan illustrations dated 5/9/13) is permitted on either side of Harriet
Avenue so long as a minimum distance of 3-feet is maintained between the wall
and the public sidewalk along 77th Street.
• An accessory car rental facility is permitted so long as no advertising, with the
exception of directional signage, is present.
• All new utility service must be underground.
• All utilities must be screened from public view.
• Final 77th Street pedestrian light selection and location must be approved by the
Public Works Director. A Maintenance Agreement related to lighting must be
recorded prior to the issuance of a Certificate of Occupancy.
• Final landscaping plans must be approved by the Directors of Public Works and
Community Development. Full site irrigation, including boulevards, is required.
• The property owner is responsible for the ongoing maintenance and tending of
all landscaping in accordance with approved plans.
• 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.
• Minnesota Department of Transportation review required. Applicant must obtain
all required permits for work in State right-of-way and connection to stormwater
system.
• Water Quality Treatment will be supplied regionally at a rate of $0.60/square foot
of surface that is tributary to the City's stormwater treatment facilities. Estimated
fee based on plans dated 4/29/13: $130,392.50
• Final stormwater management plan must be approved by Public Works Director.
• 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-builts or $7,500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final Certificate of Occupancy.
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 25th day of
June, 2013.
/.
6 . 1 ri
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, y Clerk
EXHIBIT A
LEGAL DESCRIPTIONS
Parcel 1:
That part of the East 150 feet of the West Half of the East half of the Southwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24,
lying South of the North 30 feet thereof and lying Northerly of State Highway, according to
the United States Government Survey thereof and situate in Hennepin County, Minnesota.
Parcel 2:
The South 44 feet of the North 324 feet of the East Quarter of the Southwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24,
Hennepin County, Minnesota.
Parcel 3:
That part of the East Quarter of the Southwest Quarter of the Southwest Quarter of the
Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota,
lying South of the North 324 feet thereof and lying North of the Northerly right of way line of
Highway No. 494 as acquired under Final Certificate filed as Document Number 3417875,
except the East 30 feet thereof.
Parcel 4:
The North 280 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter
of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County,
Minnesota, except the North 30 feet and the East 30 feet thereof, Hennepin County,
Minnesota.
Parcel 5:
The South 45 feet of the North 75 feet of the North 230 feet of the West Quarter of the
Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 28, Range 24, Hennepin County, Minnesota.
Parcel 6:
Parcel A:
That part of the East 65 feet of the West one-fourth of the Southeast Quarter of the
Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying
South of the North 314.25 feet thereof, and lying Northerly of a line running from a point in
the East line of the West one-fourth of said Southeast Quarter of the Southwest Quarter of
the Southwest Quarter distant 120 feet North of the Southeast corner thereof, to a point in
the West line of said Southeast Quarter of the Southwest Quarter of the Southwest
Quarter, distant 150 feet North of the Southwest corner thereof, Hennepin County,
Minnesota.
Torrens Property, Certificate No. 1359485
Parcel B:
That part of the West-one fourth of the Southeast Quarter of the Southwest Quarter of the
Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 230
feet thereof and lying Northerly of the following described line running from a point in the
East line of the West one-fourth of said Southeast Quarter of the Southwest Quarter of the
Southwest Quarter distant 120 feet North of the Southeast corner thereof to a point in the
West line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter
distant 150 feet North of the Southwest corner thereof, except the part of the East 65 feet
of said tract lying South of the North 84.25 feet thereof, according to the United States
Government Survey thereof and situate in Hennepin County, Minnesota.
Torrens Property, Certificate No. 1359485
Parcel C:
All that part of the East 1/4 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of
Section 34, Township 28 North, Range 24, West of the 4th Principal Meridian, lying West of
the East 330 feet, thereof and South of the North 220 feet thereof and North of the North
line of State Highway, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
Abstract Property
Parcel D:
The North 220 feet of all that part of the East 1/4 of the Southeast 1/4 of the Southwest 1/4 of
the Southwest 1/4 of Section 34, Township 28 North, Range 24, West of the 4th Principal
Meridian, lying West of the East 330 feet thereof. ALSO: The South 155 feet of the North
230 feet of the West 1/4 of the Southeast 1/4 of the Southwest 1/4 of the Southwest %,
Section 34, Township 28, Range 24, according to the United States Government Survey
thereof and situate in Hennepin County, Minnesota.
Abstract Property