14-10932r RESOLUTION NO. 10932
RESOLUTION APPROVING AN AMENDMENT TO THE
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 an amendment to the Final Development Plan and Conditional Use Permit for
a Planned Unit Development to allow construction of an 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 amendment at its April 28, 2014 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 April 17, 2014; and
WHEREAS, the request 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. 90; 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. 90; and
WHEREAS, the City has fully considered the request for approval of the amended
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 amended 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. 90, 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.
• 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.
• All conditions of the previous Planned Unit Development remain in effect.
• The applicant is responsible for obtaining all required permits, compliance with
all requirements detailed in the City's Administrative Review Committee Reports
dated May 9, 2013 and April 8, 2014, 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.
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 13th day of May,
2014.
. / - F/I
Debbie Goettel, Mayor
ATTEST:
v. q „�
4
Nancy Gibbs, ity Clerk
EXHIBIT A
LEGAL DESRCRIPTIONS
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.
520 78th Street West
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.
7724 Harriet Avenue South
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.
500 78th Street West
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.
501 West 77th Street
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.
401 77th Street W
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. 711184
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. 711184
Parcel C:
All that part of the East Three Quarters of the Southeast Quarter of the Southwest Quarter
of the Southwest Quarter 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 Three Quarters of the Southeast Quarter of
the Southwest Quarter of the Southwest Quarter 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 Quarter of the Southeast Quarter of the
Southwest Quarter of the Southwest Quarter, Section 34, Township 28, Range 24,
according to the United States Government Survey thereof and situate in Hennepin
County, Minnesota.
Abstract Property