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16-11210r RESOLUTION NO. 11210 RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW OCCASSIONAL EMPLOYEE PARKING BY LAKEWINDS FOOD COOPERATIVE EMPLOYEES AT 6430 LYNDALE AVENUE SOUTH WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield which requests an interim use permit to allow Lakewinds Food Cooperative (the "Applicant") employees to occasionally park at property legally described as follows: Lot 4, Block 1, Lyndale Gardens Addition, Hennepin County, MN WHEREAS, the Property is zoned Planned Mixed Use (PMU); and WHEREAS, private parking lots are not permitted as a principal use of property in any zoning district in the City; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent; and WHEREAS, the Planning Commission held a public hearing on May 23, 2016 to review the application for an interim use permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed interim use permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: The proposed interim use is not a permitted primary use within the City. In accordance with Subsection 547.15 Subd. 3e the City Council finds that the temporary nature of the interim use eliminates the detriment that a stand-alone parking lot will have to a mixed use area. Also, the infrequent nature of the use (no more than 45 days per year) makes the deferral of parking lot improvements reasonable in this instance. 2. An interim use permit for employee parking by Lakewinds Food Cooperative employees at the property legally described above, as described in City Council Staff Report No. 84 is approved with the following conditions: a. The property may be used for employee parking for no more than 45 days per year. b. Landscaping, either in the ground or in large planters, shall be installed along the eastern property line to screen the lot and provide a barrier to limit potential customer parking. c. Signs must be installed to prohibit non-employee parking. d. The interim use permit will expire two (2) years from its effective date (June 14, 2018), or upon violation of the conditions under which the permit was issued, whichever occurs first. e. The Community Development Director may issue one administrative extension of this permit for up to one additional year. Reasons for an extension would include redevelopment plans for Lots 1 and 2 of this block that would impact its future use. An extension shall not be granted solely based on cost to improve the site to meet City requirements. The annual monitoring fee, as dictated by City Code, will apply to this extension. ' f. A parking study shall be required prior to the issuance of permits for a permanent parking lot on this lot. This lot shall be combined with an adjacent lot prior to the issuance of permits for a permanent parking lot. g. The interim use permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of June 2016. idia; fig •ebbie Goettel, ayor ATTEST: am ElizabetH VanHLose, ity Clerk