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05-08 Resolution No. 11495 RESOLUTION NO. 11495 RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE RICHFIELD URBAN VILLAGE 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 modifications to an existing restaurant building with a drive thru in the planned unit development known Richfield Urban Village, located at approximately 67th Street West and Lyndale Avenue, property legally described as: LOT 1 BLOCK 1, RICHFIELD URBAN VILLAGE, 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 April 23, 2018 meeting; and WHEREAS, notice of the public hearing was mailed to properties within 350 feet of the subject property and published in the Sun Current newspaper on April 12, 2018; and WHEREAS, the requested amendment to the final development plan and conditional use permit meets those requirements necessary, as specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and Section 547.09, Subd. 6, and as detailed in City Council Staff Report No.78; 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 modifications to an existing restaurant building with a drive thru, including the replacement of menu board signage with three (3) dynamic display signs, as described in City Council Report No.78; 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 April 5, 2018 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 8th day of May, 2018. Pat Elliott, Mayor ATTEST: Elizabeth4an100e, Y Cit Clerk