16-11189r RESOLUTION NO. 11189
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT AT
211 76TH STREET WEST; 7600, 7608, AND 7644
PILLBURY AVENUE SOUTH; AND AN ADJACENT
30-FOOT STRIP OF LAND
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 an 88-unit assisted living facility 211 76th
Street West and 7600, 7608, and 7644 Pillsbury Avenue South, as well as the adjacent
30' x 75' strip of land, property legally described as follows:
Lots 1, 2, 4, and 5, Block 4, R.C. Soens Addition, according to the recorded plat thereof
on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota.
Lot 3, Block 4, R.C. Soens Addition, except the Easterly 121.99 feet of the North 75 feet,
according to the recorded plat thereof on file or of record in the office of the Registrar of
Titles, Hennepin County, Minnesota.
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 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 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. 43; 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. 43; 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 88-unit assisted living facility as described in City Council
Report No. 43, 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:
• Approval of the related Comprehensive Plan amendment by the Metropolitan
Council.
• Development on the above described properties shall be limited to 88 units.
Additional units may not be approved through the minor amendment process
described in Subsection 542.13 of the Richfield Zoning Code.
• 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.
• Odor control system required to mitigate cooking odors.
• Separate sign permits are required. This resolution constitutes approval of a
size variances to allow approximately 65 square feet of total sign area divided
between two monument signs.
• 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 property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated February 4, 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.
• 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 22nd day of
March, 2016.
gditip)-
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk