14-10954r RESOLUTION NO. 10954
RESOLUTION APPROVING AN AMENDMENT TO THE
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT 6501-6545 LYNDALE AVENUE
(LYNDALE STATION)
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 modifications to the proposed third
building (Phase II) of the Lyndale Station development, legally described as:
LOTS 1-3, BLOCK 1, LYNDALE STATION, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the Planning Commission of the City of Richfield held a public
hearing and recommended approval of the requested amendment at its August 11,
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 July 15, 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. 143; 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. 143; 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. An amended Planned Unit Development, Final Development Plan and
Conditional Use Permit are approved for a modified third building including a
drive-through facility and an accessory trash building as described in City Council
Report No. 143, on the Subject Property legally described above.
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.
• All conditions of the previous Planned Unit Development remain in effect
unless specifically modified by this resolution.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Reports dated April 10, 2014 and July 10, 2014, and compliance with all
other City and State regulations.
• Use of the approved drive-through facility shall be limited to coffee shop
tenants. Use by any other type of restaurant or business requires an
amendment to this approval.
• Separate sign permits are required. This approval constitutes a setback
variation permitting the "Lyndale Station" to be located approximately one
foot from the property line.
• Final approval of all site lighting by the Community Development
Department is required.
• All new utility service must be underground.
• All utilities must be screened in accordance with City Code requirements.
• The property owner is responsible for perpetual maintenance of all
landscaping in accordance with approved plans.
• That a maintenance agreement related to the accessory trash structure
and surrounding walkways be executed.
• Odor control is required for restaurants and the accessory trash structure.
• Required parking must be available year-round. This development
requires a minimum of 350 parking stalls.
• Prior to the issuance of an occupancy permit the developer must submit a
surety equal to 125% of the value of any improvements and/or requirements
not yet complete. This surety shall be provided in the manner specific by
the Zoning Code.
• This permit shall expire one year after it is has been issued unless: 1) the
use for which the permit was granted has commenced; 2) building permits
have been issued and substantial work performed; or 3) upon written
request of the applicant, the Council extends the expiration date for an
additional period not to exceed one year.
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 26th day of
August, 2014.
Debbie Goettel, Mayor
ATTEST:
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Nancy Gibb ity Clerk