05-24 Resolution No. 11365 RESOLUTION NO. 11365
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
TO BE BUILT AT APPROXIMATELY
66TH STREET AND 16TH 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 allow construction of a multi-tenant commercial building on
properties currently addressed as 6601 — 16th Ave., 6609 — 16th Ave., 6615 — 16th
Ave., 6600 — 17th Ave., 6608 — 17th Ave., and 6614 — 17th Ave., and adjacent vacated
right-of-way. The property is legally described as:
Lots 1-3 and 14-16, Block 1, Cedar Sunrise Addition, Hennepin County, Minnesota; and
That part of vacated 17th Avenue South described as follows:
Beginning at the northeast corner of Block 1, CEDAR-SUNRISE ADDITION,
according to the recorded plat thereof, Hennepin County, Minnesota; thence on
an assumed bearing of South 00 degrees 06 minutes 08 seconds East, along the
west line of said vacated 17th Avenue South, a distance of 200.47 feet to the
southeast corner of Lot 3 of said Block 1; thence North 89 degrees 57 minutes 16
seconds East, along the easterly prolongation of the south line of said Lot 3, a
distance of 60.00 feet to the intersection of the easterly prolongation of the south
line of said Lot 3 with the east line of said vacated 17th Avenue South; thence
North 00 degrees 06 minutes 08 seconds West, along said east line of vacated
17th Avenue South, a distance of 73.86 feet; thence North 25 degrees 26
minutes 49 seconds West a distance of 140.17 feet to the point of beginning.
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 April 24, 2017 meeting; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property on April 11, 2017 and published in the Sun-Current on February
April 13, 2017; and
WHEREAS, the requested final development plan and conditional use permit
meet 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. 83; 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. 83; 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 multi-tenant commercial development as described in City Council
Report No. 83, 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.
• Vacation of right-of-way legally described above must be completed.
• The property must be platted and the plat recorded prior the issuance of a
certificate of occupancy.
• The Developer must continue to work with Community Development and
other City staff to finalize the following items. Items must be approved by
Community Development prior to the issuance of a building permit.
o The sidewalk connection directly to the north side door of the full-service
restaurant space is required. Continue to discuss landscape, hardscape,
and fencing in this area.
o Continue to discuss direct sidewalk connection from east patio to parking
lot.
o Provide pedestrian access/crossing from 16th Avenue (west side) to
building entrances.
o Continue to discuss final location of transformer and required screening
and/or artistic treatment.
o Coordinate public art, decorative bike racks, and artistic wrap on
transformer with City staff.
o The Developer and City staff will work together to ensure that pedestrians
traveling north from 17th Avenue are able to safely cross the eastern
drive/exit.
• Plans must include channelization to prohibit left turns from development
south onto 16th Avenue.
• Odor control systems are required to mitigate cooking odors in accordance
with City Code Subsection 544.27.
• Drive-thru equipment specifications including information about noise levels
and volume controls must be approved by the Community Development
Director prior to installation. Equipment must include Automatic Volume
Control (AVC). City noise ordinances shall apply.