16-11218r RESOLUTION NO. 11218
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT APPROXIMATELY 6400 LYNDALE 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 include shoreline improvements and quasi-public amenities in coordination
with adjacent mixed use development, on land generally located along the eastern shore of
Richfield Lake (the "Property"), legally described as:
Outlot B, Block 1, Lyndale Gardens, 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 May 23, 2016 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 May 10, 2016; and
•
WHEREAS, the requested final development plan and conditional use permit meets the
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. 104;
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. 104; 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 shoreline improvements and quasi-public amenities adjacent to a future
mixed use development site as described in City Council Report No. 104, 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.
• A parking plan must be submitted to and approved by the Community
Development Director prior to the scheduling of any events at the performance
stage.
• Cross-access and shared parking agreements must be recorded against all
parcels (Lots 1 & 2, Outlots B & C, Block 1, Lyndale Gardens) prior to the
issuance of building permits for the amphitheater.
• Community gardens must be managed and maintained in a clean and orderly
fashion with proper waste disposal.
• Final stormwater management plans must be approved by the Public Works
Director.
• The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report 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.
• The property owner is responsible for maintenance and replacement of all
approved landscaping.
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 June,
2016.
10 CN
'..
Debbie Goettel, Mayor
ATTEST:
iVAdiftH Elizeth VanHoose, City Clerk