09-26 Resolution No. 11414 RESOLUTION NO. 11414
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
TO BE BUILT BETWEEN
66TH AND 68TH STREETS AND
17TH AND CEDAR AVENUES
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-family development on property legally
described as:
Lots 4-13, Block 2, Wexler's Addition; Lots 1-8, Block 3, Wexler's Addition, and Lots 1-
16, Block 4, Wexler's Addition, all in 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 August 28, 2017 meeting; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property on August 15, 2017 and published in the Sun-Current on August
17, 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. 158; 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. 158; 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. 158, 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 preliminary plat must be approved prior to the issuance of a building permit.
• A final plat must be approved and recorded prior the issuance of a certificate .
of occupancy.
• Building A surface parking lot should have one ingress/egress point unless
design options rejected by Fire Chief.
• The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
• The applicant must comply with all City requirements not specifically
•
amended by the approved plans.
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated August 4, 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.
• As-builts or $7,500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final certificate of occupancy.
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 26th day of
September, 2017.
Pat Elliott, Mayor
ATTEST:
r
Elizab-'h VanHoose, City Clerk