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00-8975r 7 RESOLUTION NO. 8975 RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CITY BELLA 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 a mixed use development on land generally located in the southwest quadrant of 66th Street and Lyndale Avenue, legally described in Exhibit A. WHEREAS, the Planning Commission held a public hearing on the request for a final development plan and conditional use permit on October 24, 2000 and voted unanimously to recommend approval. WHEREAS, the Environmental Assessment Worksheet for the project has been found adequate. 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. WHEREAS, the City Council conducted a public hearing on the final development plan and conditional use permit on December 11, 2000. WHEREAS, the proposed mixed-use development is consistent with the goals, policies, and objectives of the City's Comprehensive Plan: A. The proposed 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." B. The proposed development is consistent with the Comprehensive Plan goal to "Maintain and enhance Richfield's image as a distinct and livable community." C. The proposed development is consistent with the Comprehensive Plan objective to "maintain and provide quality amenities and a safe living environment for all residents." D. The proposed development is consistent with the Comprehensive Plan objective to "develop pedestrian and bike facilities that are functional, attractive, safe and accessible." E. The proposed development is consistent with the Comprehensive Plan objective to "promote the development of housing stock that is available to all income levels." F. The proposed development is consistent with the Comprehensive Plan objective to "minimize the impacts of parking." G. The proposed 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." H. The development is consistent with the description of the Lyndale-HUB- Nicollet subarea plan that states as follows: "Mixed use projects incorporating high density single and multiple family housing and commercial uses would be encouraged throughout the Lakes at Lyndale area." I. The Comprehensive Plan incorporates the master plan, The Lakes at Lvndale: the Richfield Lake Area Plan, and the proposed development is consistent with the following objectives of the master plan: take advantage of opportunities to provide more and varied housing and use redevelopment to provide new commercial investment and upgrade commercial/retail. WHEREAS, The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines: This area has been identified for redevelopment since 1975. The design is also consistent with the vision of the Lakes at Lyndale plan. The proposed project is consistent with the tax increment financing plan for the area. WHEREAS, The proposed 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. WHEREAS, The proposed 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. WHEREA$, The use will not have undue adverse impacts on the public health, safety, or welfare. WHEREAS, There is a public need for such use at the proposed location. The area has been identified for mixed uSe deVelopment in the Lakes at Lyndale plan. The Lakes at Lyndale plan calls for increased housin~ densities in the downtown area. WHEREAS, The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. Office, retail and multi-family housing are allowable uses in the PC-2 district. 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 a mixed-use development as described in City Council Report No. , 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 Development Director. . That a tree protection plc;ln be submitted to and approved by the Community Development Director. . 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 lighting plan be submitted to and approved by the Community Development and Public Safety Directors. . That a plan for an odor control system for any restaurant be submitted to and approved by the Community Development and Public Safety Directors. . That a final plan for trash storage and removal be 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 developer submit a final plat. . That aplan for parking during construction be submitted to and approved by the Community Development and Public Works Directors. . That a left turn arrow be installed at the traffic signal at 66th Street and Lake Shore Drive. . That a landscaped center median be installed in Lake Shore Drive. . That a final determination regarding traffic impacts be made and any necessary improvements needed to maintain adequate levels of service be made, subject to the approval of the Community Development and Public Works Directors. . That an interim parking plan be submitted and approved by the Community Development and Public Works Directors for the 2001 to 2003 construction period. . That a resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 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, as 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. ~u Martin J.' . Mayor ATTEST: