11-28 Resolution No. 11437 - UPDATEDRESOLUTION NO. 11437
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 a day care facility to complete development of the Cedar Point
Commons planned unit development located at approximately 66th Street East and
Richfield Parkway, property legally described as:
LOTS 1 AND 2, BLOCK 1, CEDAR POINT COMMONS 2ND ADDITION,
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 October 23, 2017 meeting; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property on October 10, 2017 and published in the Sun -Current on
October 12, 2017; 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. 200; 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. 200; 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 a day care facility serving 180 children, as described
in City Council Report No. 200, 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.
• The final plat of Cedar Point Commons must be approved by the City Council
and the plat recorded prior to the issuance of a building permit. A cross
access agreement between the parcels is required and must be recorded
prior to occupancy. Proof of recording must be provided to the City.
• The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
• The residential buffer requirement in Section 544.03, Subd. 6, as applied to
the west lot line abutting 6501 16th Avenue, is waived for a day care, school,
or similar uses. If the use of property changes substantially, the 15-foot buffer
requirement must be met before the new use may commence.
• Snow storage within the surface parking lot is prohibited. All parking spaces
must remain available year round.
• A final lighting plan complying with City requirements is required.
• Grading, drainage, erosion control, and utility plans must be approved by
Richfield Public Works. 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.
• 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 October 6, 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 28th day of
November, 2017.
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Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk