06-26 Resolution No. 11515
RESOLUTION NO. 11515
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
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 include 30 condominiums, 8 townhomes, 66 apartments, and
approximately 6,000 square feet of retail space that will coordinate with already-
constructed outdoor activity areas and retail space, on land that is legally described in the
attached Exhibit A; and
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 May 29, 2018 meeting; and
WHEREAS
, notice of the public hearing was published in the Sun-Current and
mailed to properties within 500 feet of the subject property on May 15, 2018; and
WHEREAS
, the requested 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. 112; 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. 112; 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:
WHEREAS
1. The City Council adopts as its Findings of Fact the clauses set forth
above.
2. A planned unit development, final development plan and conditional use permit are
approved for a mixed use development as described in City Council Report No.
112, 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 property must be platted and the plat recorded prior the issuance of a
building permit.
Cross-access and shared parking agreements must be recorded against all
parcels prior to the issuance of a certificate of occupancy.
Resolution No. 11515
Executed maintenance agreements for sidewalks that cross/straddle property
lines must be submitted to City prior to the issuance of final occupancy
permits.
Signage for the various elements of this development may be placed on
other parcels within the development (off-site signs) with the permission of
the property owner. This approval does not constitute approval of specific
signs. Sign permits are required and must be applied for separately.
Wayfinding signage for public access to Richfield Lake required.
Public art required in accordance with City policies and development
agreement.
Approval of final site plans, building plans, elevations, etc. for the retail
building must be submitted as a minor amendment. If the proposal varies
significantly from conceptual plans, a major amendment may be required.
Final lighting plans must be submitted to and approved by the Community
Development and Public Works Directors.
A final sediment and erosion control plan must be submitted to and approved
by the Public Works Director.
Final stormwater management plans must be submitted to and approved by
the Public Works Director. All applicable stormwater fees must be paid to the
Public Works Department.
Final plans for sidewalks and improvements in and along the right-of-way
must be submitted to and approved by the Community Development and
Public Works Directors.
A maintenance agreement related to sidewalks and landscaping must be
executed prior to issuance of a Certificate of Occupancy.
Final utility plans must be submitted to and approved by the Public Works
Director.
The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City’s Administrative Review Committee
Report 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.
The property owner is responsible for replacing any required landscaping
that dies.
This permit shall expire one year after is has been issued unless: 1) the use
for which the permit was granted has commenced; 2) building permits have
been issued and substantial work performed; or 3) upon written request of
the applicant, the Council extends the expiration date for an additional period
not to exceed one year.
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,
Resolution No. 11515
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
June, 2018
W\CA'kk-11ALi/v1U11)\-7--
Maria Regan Gonzalez, Mayor Pro Tempore
ATTEST:
Eliz et ¶nHoose, City Clerk
Resolution No. 11515
EXHIBIT A
LEGAL DESRCRIPTIONS
6328 Aldrich Avenue
: The South 45.00 feet of the North 225.00 feet of that part of
Government Lot 3, Section 28, Township 28, Range 24, lying south of the south line of Lot
4, Block 2, Ray’s Lynnhurst 2nd Addition, which lies between the southerly extension of
the East line of said Block 2 and the East line of the alley in said Block 2 and its southerly
extension.
And
Lots 1-2, Block 1, Lyndale Gardens and Outlot C, Lyndale Gardens
PROPOSED PLATTED LEGAL DESCRIPTIONS
Lots 1-3, Block 1, Lyndale Gardens 2nd Addition
Resolution No. 11515