16-11228r RESOLUTION NO. 11228
RESOLUTION APPROVING AN AMENDED
FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR THE CEDAR POINT COMMONS
PLANNED UNIT DEVELOPMENT
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 construction of two commercial retail buildings and a day care facility to complete
development of the planned unit development known at the Cedar Point Commons
development and located at approximately 66th Street East and Richfield Parkway,
property legally described as:
LOTS 1,2,3,5 AND 7, BLOCK 1, CEDAR POINT COMMONS, HENNEPIN
COUNTY, MINNESOTA
AND
LOTS 1-4, BLOCK 2, CEDAR POINT COMMONS, HENNEPIN COUNTY,
MINNESOTA
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 July 26, 2016 meeting; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property on June 14, 2016 and published in the Sun-Current on June 16,
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.125; 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. 125; 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 two commercial retail buildings and a day care
facility as described in City Council Report No. 125, 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.
• Additional architectural emphasis must be placed on tenant doors facing 66th
Street (western commercial building). A minimum of two customer entrances
must be maintained on the south side of this building.
• Additional emphasis on pedestrian walkway between existing and approved
commercial building (pad site) should be discussed with City staff.
• Sidewalk from 66th Street must provide direct connection to tenant entrances
(western commercial building).
• City staff is authorized to make final approvals (through a minor amendment
process) of the day care facility so long as said improvements meet all Code
requirements.
• A final landscape plan including parking lot screening that meets or attempts
to meet Zoning Code requirements. Modifications may be made in order to
accommodate the adjacent Three Rivers Park District Trail.
• 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
must remain available year round.
• Odor control systems are required for restaurants in the western commercial
building in accordance with Subsection 544.27 of the City Code.
• Separate sign permits are required.
• A final lighting plan complying with City requirements is required.
• 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.
• Properties west of Richfield Parkway must be replatted. Final plat approval is
required within one year of this approval.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated May 24, 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, Minnesota this 23rd day of
August, 2016.
Debbie Goettel, Mayor
ATTEST:
(„7. 17
Kari Sinning, put • erk