07-9995r
RESOLUTION NO. 9995
RESOLUTION AUTHORIZING AN AMENDMENT
TO THE CITY BELLA PLANNED UNIT DEVELOPMENT,
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF SCREENING ENCLOSURES AND
THE RESTRICTION OF PUBLIC PARKING UNDERGROUND
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 at 6600
and 6640 Lyndale Avenue South, legally described as:
Tract A, Registered Land Survey No. 1745, Hennepin County, MN.
WHEREAS, the Planning Commission held a public hearing on the original request
for a Planned Unit Development, Final Development Plan and Conditional Use Permit on
October 24, 2000 and voted unanimously to recommend approval of this original request.
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
December 11, 2000 and voted unanimously to approve the plan.
WHEREAS, the Planning Commission held a public hearing on the request for an
amendment to the Final Development Plan and Conditional Use Permit on June 4, 2002
and voted unanimously to recommend approval of the amended plan.
WHEREAS, the City Council held a public hearing on the request for an
amendment to the Final Development Plan and Conditional Use Permit on July 9,2002
and voted unanimously to approve the amended plan.
WHEREAS, the Planning Commission held a public hearing on the request for an
amendment to the Final Development Plan and Conditional Use Permit on August 27,
2007 and voted 4-3 on September 24,2007 to recommend approval of the amended plan.
WHEREAS, notice. of the public hearing was published in accordance with City and
State requirements.
WHEREAS, the City Council conducted a public hearing on the amendment to the
Final Development Plan and Conditional Use Permit on October 9,2007.
WHEREAS, the proposed amendment meets those requirements necessary for
approval of a Final Development Plan and Conditional Use Permit as specified in
Richfield's Zoning Code, Section 536.17, Subd.4; and
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
City Bella development as described in City Council Staff Report No. 259, on
the Subject Property legally above.
3. The Final Development Plan and Conditional Use Permit are subject to
completion of the following conditions before a Certificate of Occupancy will
be issued:
. All screening materials must be approved by the Community Development Director
prior to installation.
4. An independent traffic study to determine if adequate parking is available will
be necessary prior to the leasing of any space on the Subject Property to a
full-service restaurant or other use with potentially high parking demand.
5. 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.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
October 2007. f;lJ..IL' ~
Debbie Goettel, Mayor
ATTEST:
~ ~
NanCY~ity Clerk