04-11 Resolution No. 11351 RESOLUTION NO. 11351
RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT FOR THE SHOPS AT LYNDALE
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 a new restaurant building with a drive thru to replace the former
Don Pablos restaurant building in the planned unit development known at The Shops at
Lyndale, located at approximately 77th Street West and Lyndale Avenue, property
legally described as:
LOTS 1, 2, 3, 4, 5 AND OUTLOT A, BLOCK 1, THE SHOPS AT LYNDALE,
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 March 27, 2017 meeting; and
WHEREAS, the Planning Commission recommended the inclusion of a
pedestrian connection to the existing pedestrian network within the development; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property on March 14, 2017 and published in the Sun-Current on March
16, 2017 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. 63; 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. 63; 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 to allow a new restaurant building with a drive thru to
replace the former Don Pablos restaurant building, as described in City Council
Report No. 63, 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 pedestrian connection to the existing pedestrian network is required,
subject to approval by Community Development and Public Works staff.
• A minimum of 4 bicycle parking spaces are required near the main entrance.
Include on revised plans sufficient parking for a minimum of 4 bikes.
• The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
• Separate sign permits are required.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated March 10, 2017 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 11th day of
April, 2017.
Pat Elliott, Mayor
ATTEST:
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Elizabeth VanHoose, City Clerk