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15-11075r RESOLUTION NO. 11075 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 1400 — 78TH STREET EAST, 1420 — 78TH STREET EAST, 1500 — 78TH STREET EAST AND 7711 — 14TH AVENUE 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 planned unit development to allow construction of a three-story automobile dealership and parking ramp at 1400 — 78th Street East, 1420 — 78th Street East, 1500 — 78th Street East, and 7711 — 14th Avenue, property legally described in the attached Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested final development plan and conditional use permit at its March 23, 2015 meeting; and WHEREAS, notice of the public hearing was mailed to properties within 350 feet of the subject property on March 10, 2015 and published in the Sun-Current on March 12, 2015 and; and WHEREAS, the requested final development plan and conditional use permit 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. 63; 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. 63; and WHEREAS, the City has fully considered the request for approval of a 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 planned unit development, final development plan and conditional use permit are approved for an automobile dealership as described in City Council Report No. 63, on the Subject Property legally described in Exhibit 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. • The property must be platted and the plat recorded prior the issuance of a certificate of occupancy. • The property owner must return to the City for approval of a minimum two- story parking ramp within four years of this approval. Construction of said ramp must be complete within five years of this approval. The property owner must negotiate and execute a separate agreement detailing the specific terms and penalties associated this requirement. This agreement must be executed prior to the issuance of a certificate of occupancy. • Separate sign permits are required. This resolution constitutes approval of a height (33 ft.) variation only. This variation is for one freestanding sign along 1-494. • Light levels may not exceed those proposed in approved plans. Lights must be dimmed to meet City standards between the hours of 10 p.m. and 7 a.m. daily. • All new utility service must be underground. • All utilities must be screened from public view. • Final 77th Street pedestrian lighting plan must be approved by the Public Works Director. A Maintenance Agreement related to lighting must be recorded prior to the issuance of a Certificate of Occupancy. • Entire sidewalk along 78th Street must be replaced with new 6-foot walk. • Final landscaping plans must be approved by the Directors of Public Works, Community Development and Mn-DOT (where applicable). Full site irrigation, including boulevards, is required. • The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. • A Construction and Maintenance Agreement must be recorded prior to the issuance of a final Certificate of Occupancy. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated February 26, 2015 and compliance with all other City and State regulations. • Minnesota Department of Transportation review required. Applicant must obtain all required permits for work in State right-of-way. • Final stormwater management plan must be approved by Public Works Director. Infiltration not allowed in high-vulnerability wellhead protection area. • 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. • As-builts or $7,500 cash escrow must be submitted to the Public Works Department prior to issuance of a final certificate of occupancy. 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 28th day of April, 2015. Debbie Goettel, Mayor ATTEST: Eliza e anHoose, City Clerk Exhibit A Legal Descriptions Parcel A: That part of the West 175 feet of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter, lying North of the South 339.5 feet thereof, Section 35, Township 28, Range 24, Hennepin County, Minnesota; and Parcel B: The South 339.5 feet of the West 175 feet of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota; and Parcel C: The East 125 feet of the West 300 feet of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota; and Parcel D: The Southeast Quarter of the Southwest Quarter of the Southeast Quarter, except the East 198 feet and except the West 300 feet thereof, of Section 35, Township 28, Range 24, Hennepin County, Minnesota.