Loading...
00-8969r 1 RESOLUTION NO. 8969 RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE BEST BUY CAMPUS PROJECT WHEREAS, an application has been filed with the City of Richfield which requests approval of a final development plan and conditional use permit for an office development of 1.59 million square feet on land generally located between 76th Street and 1-494 and Knox and Penn Avenues, legally described in Exhibit A; and WHEREAS, the Planning Commission held a public hearing on the request for a final development plan and conditional use permit on September 26, 2000 and voted unanimously to recommend approval; and WHEREAS, the Environmental Impact Statement for the project has been found adequate; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property on November 29, 2000; and WHEREAS, the City Council conducted a public hearing on the final development plan and conditional use permit on November 27,2000 and December 11, 2000; and WHEREAS, the proposed office use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan: A. The Comprehensive Plan Guide Plan designates the project area as Regional Commercial/Office and the proposed development is consistent with this designation. B. An objective of the Comprehensive Plan is to "advocate and support with municipal investment a high quality visual environment throughout the City and particularly along major transportation corridors." The proposed development is consistent with this objective. C. The development is also consistent with the following goal of the Comprehensive Plan: "Provide an economic climate within Richfield that will encourage the availability of quality goods, services and employment opportunities for residents." D. The development is consistent with the Comprehensive Plan goal to, "Promote diverse development that will broaden the tax base while reinforcing the residential character of Richfield," and with its accompanying objective, "promote development that can support itself and broaden the tax base." E. The development is consistent with the following Comprehensive Plan objective: "promote Richfield's locational advantage within the greater metropolitan area." F. The development is consistent with the Comprehensive Plan objective to "address the means to improve the visual quality throughout the City, concentrating on design districts and transportation corridors, beginning with land use coordination." G. The development is consistent with the description of the 1-494 West subarea plan that states as follows: "The area between 1-35W and Penn Avenue offers the same future commercial development potential as its counterpart to the east of 1-35W." H. Although housing is not part of the development that is currently being proposed for the subject area, approximately $7 million of the tax increment generated by the development will be placed in a housing fund to finance construction and rehabilitation of affordable and market rate housing throughout the community; and WHEREAS, the office use is consistent with any officially adopted redevelopment plans or urban design guidelines: A redevelopment district has been established for this area. The proposed project is consistent with that district; and WHEREAS, the office use is or will be in compliance with the performance standards specified in Section 541 of this code: Adequate provision has been made for lighting, traffic, parking, landscaping, utilities, exterior treatment of buildings, screening mechanical equipment, dumpster enclosures and stormwater management; and WHEREAS, the office use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements: There are adequate facilities, utilities and services to support the development. With the proposed improvements as identified in the Environmental Impact Statement, there will be adequate roadways to serve the development; and WHEREAS, the office use will not have undue adverse impacts on the public health, safety, or welfare; and WHEREAS, there is a public need for such use at the proposed location: the Comprehensive Plan description of the 1-494 West subarea plan states as follows: "The area between 1-35W and Penn Avenue offers the same future commercial development potentia.1 as its counterpart to the east of 1-35W;" and WHeREAS, the office use meets or will meet all the specific conditions set by this code for the granting of a final development plan and conditional use permit; and WHEREAS, the City has fully considered the request for approval of the 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 final development plan and conditional use permit are approved for an office use as described in City Council Report No. 333, on the Subject Property legally described in Exhibit A. 3. The final development plan and conditional use permit are subject to completing the following conditions before a certificate of occupancy will be issued: . That a final landscape plan be submitted to and approved by the Community D~velQpment Dir~ctor. . That a final sediment and erosion control plan be submitted to and approved by the Public Works Director. . That a final stormwater management plan be submitted to and approved by the Public Works Director. . That a final utility plan be submitted to and approved by the Public Works Director. . That a final plan for walkways and sidewalks, both public and private, be submitted to and approved by the Public Works Director. . That a final plan for internal traffic circulation, including parking garage and internal building operations, be submitted to and approved by the Public Works Director. . That a final lighting plan be submitted to and approved by the Community Development and Public Safety Directors. . That a final signage plan be submitted to and approved by the Community Development Director. . That the final Travel Demand Management Plan be submitted to and approved by the Community Development Director. . That, at such time that the south portion of the property is taken for roadway purposes, a revised design for the south edge and for any replacement parking be submitted to and approved by the City Manager. . That a final plat be submitted. . That a final certificate of occupancy will not be issued until such time that improvements to 76th Street, exit ramp from 35W at 76th Street, Penn Avenue, Penn Avenue bridge, and Knox Avenue be substantially completed and operational. . That Best Buy obtain an agreement from the City of Bloomington to providing for relocation of the water lines that are within the project area. . That a Voluntary Investigation and Clean Up Phase II Investigation ReportNoluntary Response Action Plan be completed. . That the developer obtain an Indirect Source Permit and National Pollutant Discharge Elimination System (NPDES) permit from the Pollution Control Agency. . That the term of the conditional use permit, as provided by zoning ordinance section 546,05, subd. 8, be extended for one additional year. . That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. . That the City agrees to continue to work with the Fountainhead and Colony Apartments on an access solution at Knox Avenue and 76th Street based on Alternative 10C and refinements. 4. 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, ~s required by the Zoning Ordinance, Section 546.05, Subd.9 Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 2000. h?~U Martin J. Kirs ,Mayor ATTEST: ';~ fl, Deborah J. Guih ,Deputy City Clerk Exhibit A Legal Description That part of the following described parcels of land: Block 1, "JACOBSEN AND QUIST, THIRD ADDITION", All of "McHARDY'S ADDITION", Block 1, ROBERT WEBER'S FIRST ADDITION, Blocks 1 and 2, JUNGELL AND JOHNSEN'S FIRST ADDITION, Block 1, A.N. TACK'S FIRST ADDITION, all according to the recorded plats thereof, Together with Tracts A, B, C and D, REGISTERED LAND SURVEY NO. 618; Tract B, REGISTERED LAND SURVEY NO. 1037; Tracts A, B, C, D, E, F, G, H, I, J, K, L and M, REGISTERED LAND SURVEY NO. 800, files of Registrar of Titles Together with vacated Oliver Avenue South, vacated Newton Avenue South, vacated Morgan Avenue South, vacated Logan Avenue South, vacated 77th Street West and vacated 78th Street West, AND The Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. described as commencing at the southwest corner of said Section 33; thence on an assumed bearing of North 89 degrees 59 minutes 25 seconds East, along the south line of said Section 33, a distance of 60.00 feet to a line 60.00 feet east of and parallel with the west line of said Section 33; thence North 0 degrees 13 minutes 20 seconds East, along said parallel line, a distance of 253.51 feet to the point of beginning of the land to be described; thence continuing North 0 degrees 13 minutes 20 seconds East, along said parallel line, a distance of 80.00 feet to the northeasterly right of way line of Interstate No. 494 per Document Number 3419310; thence North 70 degrees 16 minutes 28 seconds West, along said northeasterly right of way line of Interstate No. 494, a distance of 28.64 feet to a line 33 feet east of and parallel with said west line of Section 33; thence North 0 degrees 13 minutes 20 seconds East, along the last described parallel line, a distance of 343.81 feet to the south line of the north 83.00 feet of the south 113.00 feet of the north half of the Southwest Quarter of said Southwest Quarter of Section 33; thence North 89 degrees 59 minutes 45 seconds West, along said south line of the north 83.00 feet of the south 113.00 feet of the north half of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 33.00 feet to said west line of Section 33; thence North 0 degrees 13 minutes 20 seconds East, along said west line of Section 33, a distance of 83.00 feet to the north line of said south 113.00 feet of the north half of the Southwest Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 59 minutes 45 seconds East, along said north line of the south 113.00 feet of the north half of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 50.00 feet to a line 50.00 feet east of and parallel with said west line of Section 33, also being the west line of said Block 1, "JACOBSEN AND QUIST, THIRD ADDITION"; thence North 0 degrees 13 minutes 20 seconds East, along the last described parallel line, a distance of 510.83 feet to the northwest corner of said Block 1, "JACOBSEN AND QUIST, THIRD ADDITION", thence South 89 degrees 56 minutes 01 seconds East, along the north line of said Block 1, "JACOBSEN AND QUIST, THIRD ADDITION" and its easterly extension, a distance of 277.61 feet to the west line of "McHARDY'S ADDITION"; thence North 0 degrees 12 minutes 17 s~GOnds East, along selid west line of "McHARDY'S ADDITION", a distance of 0.39 feet to the westerly extension of the north line of Lots 1 & 16 said "McHARDY'S ADDITION"; thence South 89 degrees 58 minutes 55 seconds East, along said north line of Lots 1 & 16, "McHARDY'S ADDITION", the north line of Block 1, ROBERT WEBER'S FIRST ADDITION, and the north line of Block 1, JUNGELL AND JOHNSEN'S FIRST ADDITION, and their extensions, a distance of 656.39 feet to Line A described below; thence North 0 degrees 13 minutes 20 seconds East, along said Line A, a distance of 33.00 feet to the north line of the Southwest Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along said north line of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 163.80 feet; thence South 0 degrees 13 minutes 20 seconds West, parallel with said west line of the Southwest Quarter of Section 33, a distance of 33.00 feet to a line 33.00 feet south of and parallel with said north line of the Southwest Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along the last described parallel line, a distance of 164.01 feet to the east line of said Southwest Quarter of the Southwest Quarter of Section 33; thence North 0 degrees 11 minutes 46 seconds East, along said east line of the Southwest Quarter of the Southwest Quarter of Section 33, a distance of 33.00 feet to the north line of the Southeast Quarter of said Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along said north line of the Southeast Quarter of the Southwest Quarter of Section 33, a distance of 165.84 feet to the northeast corner of the west 5 acres of said Southeast Quarter of the Southwest Quarter of Section 33; thence South 0 degrees 11 minutes 46 seconds West, along the east line of said west 5 acres, a distance of 33.00 feet to a line 33.00 feet south of and parallel with said north line of the Southeast Quarter of the Southwest Quarter of Section 33; thence South 89 degrees 58 minutes 55 seconds East, along the last described parallel line, a distance of 140.00 feet to the northerly extension of the east line of said Tract A, REGISTERED LAND SURVEY NO. 618; thence South 0 degrees 11 minutes 46 seconds West, along said east line of Tract A, and the east lines of said Tracts B, C and D, REGISTERED LAND SURVEY NO. 618, and the east line of said Tract S, REGISTERED LAND SURVEY NO.1 037, a distance of 1161.63 feet to the southeast corner of said Tract B, REGISTERED LAND SURVEY NO. 1037; thence South 86 degrees 14 minutes 46 seconds West, along the south line of said Tract B, REGISTERED LAND SURVEY NO. 1037, a distance of 60.64 feet to the southwest corner of said Tract B, REGISTERED LAND SURVEY NO.1 037; thence South 0 degrees 11 minutes 46 seconds West, parallel with the west line of said Southeast Quarter of the Southwest Quarter of Section 33, a distance of 2.54 feet; thence South 86 degrees 26 minutes 20 seconds West a distance of 79.67 feet to the east line of said west 5 acres of the Southeast Quarter of the Southwest Quarter of Section 33; thence North 0 degrees 11 minutes 46 seconds East, along said east line of the west 5 acres of the Southeast Quarter of the Southwest Quarter of Section 33, a distance of 5.01 feet to the northerly right of way line of West 78th Street per Doc. No. 5110315; thence South 86 degrees 26 minutes 20 seconds West, along said northerly right of way line of West 78th Street per Doc. No. 5110315, a distance of 166.20 feet to an angle point in said northerly right of way line of West 78th Street per Doc. No. 5110315; thence South 0 degrees 11 minutes 46 seconds West, along said northerly right of way line of West 78th Street per Doc. No. 5110315, a distance of 1.86 feet to an angle point in said northerly right of way line of West 78th Street per Doc. No. 5110315; thence South 89 degrees 59 minutes 25 seconds West, along said northerly right of way line of West 78th Street per Doc. No. 5110315 and its extension, a distance of 656.41 feet to an angle point in said northerly right of way line of West 78th Street per Doc. No. 5110315; thence North o degrees 11 minutes 14 seconds East, along said northerly right of way line of West 78th Street per Doc. No. 5110315, a distance of 20.03 feet to an angle point in said northerly right of way line of West 78th Street per Doc. No. 5110315; thence North 70 degrees 16 minutes 28 seconds West, along said northerly right of way line of West 78th Street per Doc. No. 5110315, a distance of 278.43 feet to the intersection with a line 180.00 feet northeasterly of and parallel with Line 3 per said Doc. No. 5110315; thence northwesterly a distance of 38.95 feet, along the last described parallel line, being a non-tangential curve concave to the north, having a radius of 11279.16 feet, a central angle of 0 degrees 11 minutes 52 seconds and a chord which bears North 85 degrees 27 minutes 36 seconds West; thence North 85 degrees 21 minutes 40 seconds West, along the last described parallel line and tangent to the last described curve, a distance of 77.19 feet; thence westerly a distance of 100.08 feet along the last described parallel line, being a tangential curve concave to the south, having a radius of 5909.58 feet and a central angle of 0 degrees 58 minutes 13 seconds to the intersection with Line 4 per said Doc. No. 5110315; thence North 79 degrees 01 minutes 39 seconds West a distance of 119.94 feet to the point of beginning. Line A is described as beginning at a point on said south line of the Southwest Quarter of Section 33 distant 984.00 feet east of said southwest corner of the Southwest Quarter of Section 33; thence North 0 degrees 13 minutes 20 seconds East, parallel with said west line of the Southwest Quarter of Section 33, a distance of 1313.52 feet to the north line of said Southeast Quarter of the Southwest Quarter of Section 33 and said Line A there terminating.