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16-11184r RESOLUTION NO. 11184 RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6501 WOODLAKE DRIVE WHEREAS, an application has been filed with the City of Richfield which requests approval of an amended final development plan and conditional use permit to allow an additional 50 units of housing and site changes at the planned unit development located at 6501 Woodlake Drive, 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 amendment to the final development plan and conditional use permit at its February 22, 2016 meeting; and WHEREAS, notice of the public hearing was mailed to properties within 350 feet of the subject property on February 9, 2016 and published in the Sun-Current on February 11, 2016 and; and WHEREAS, the requested amendment to the 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. 34; 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.34; and WHEREAS, the City has fully considered the request for approval of an 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 an additional 50 housing units and site improvements as described in City Council Report No. 34, 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 parking lot islands, including those surrounding the pedestrian walkway, must be landscaped (including living plant materials) in accordance with Code requirements. • A minimum of five percent of parking lot area must be devoted to landscape islands with shade trees in accordance with Code requirements. • The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. • Snow storage within the surface parking lot is prohibited. All parking spaces and the area between trellis structures must remain clear year round. • Odor control system may be required to mitigate cooking odors. • Separate sign permits are required. This resolution constitutes approval of sign size variances as stated in City Council Report No. 34. • All new utility service must be underground. • All utilities must be screened from public view in accordance with Ordinance requirements. A screening plan is required prior to the issuance of a Building Permit. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated February 8, 2016 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. • Unless specifically modified by this resolution, all previous conditions of approval remain in place. 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, Miner tt6it3 h,day of March, 2016. 1 1 Mic ael owa'd, Mayor Pro Tempore ATTEST: CGte ; Elizabeth anHoose, City lerk EXHIBIT A LEGAL DESCRIPTION Parcel 1: Tracts B, C, D and E, Registered Land Survey No. 1634, Files of Registrar of Titles, County of Hennepin. (Torrens Certificate No. 832511) Parcel 2: Tracts A, C, E and G, Registered Land Survey No. 1635, Files of Registrar of Titles, County of Hennepin. The boundaries of said Survey have been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case Nos. 10017 and 17641. Together with all easements, restrictions,covenants, charges and liens contained In that certain Declaration of Easements, Covenants and Restrictions dated August 1, 1985, filed of record in the office of the County Recorder, Hennepin County, Minnesota, on October 17, 1985, as Document No. 5043157. Together with all rights and easements contained In that certain Ingress and Egress Easement dated September 25, 1985, flied of record in the office of the Registrar of Titles, Hennepin County, Minnesota, on February 19, 1986, as Document No. 1705297. (Torrens Certificate No. 832512) Parcel 3: Tracts B and C, Registered Land Survey No. 1679, Files of Registrar of Titles, County of Hennepin, together with easement for pedestrian access as contained in Easement filed of record August 19, 1996, as Document No. 2734832. (Torrens Certificate Nos. 832510 and 842450) Note: Parcel designations are for convenience of reference only, and do not constitute an Integral part of the legal description.