06-26 Resolution No. 11513 - REVISED
RESOLUTION NO. 11513
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
TO BE BUILT AT 101 66TH STREET EAST
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 three-story mixed-use building on the parcel
of land located at 101 66th Street East (“subject property”), legally described as:
Lots 7 and 8 except the south 50 feet of the west half of Lot 8, Goodspeed’s First
Plat, Hennepin County, Minnesota
WHEREAS
, the Planning Commission of the City of Richfield held a public
hearing at its April 23, 2018 meeting, 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 mailed to properties within 350 feet
of the subject property on April 10, 2018 and published in the Sun Current newspaper
on April 12, 2018; 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. 111; 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. 111; 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. 111, 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:
The Developer shall continue to work with Community Development staff to
finalize the following items. Items must be approved by the Community
Development Director prior to the issuance of a building permit:
Continue to discuss architectural features including the type and number
o
of building materials used on the north façade, particularly the design of
the commercial storefronts and material transitions between the
commercial and residential portion of the building.
If elevations allow, the walkway on the south side of the building should be
o
connected to the Stevens Avenue sidewalk, whether at grade or with
stairs through the retaining wall.
Continue to discuss transformer screening and/or artistic wrap treatment.
o
Continue to discuss landscape and hardscape in this area. The fenced
area shall not be larger than necessary to screen the transformer and
shall not be chain link fence.
If space allows without reducing parking, residential trash storage shall be
o
accommodated in the underground level or designed within the building.
Plans must include signage and a larger curb extension to physically prohibit
right turns from the development onto southbound StevensAvenue.
Raised berm and landscaping shall fully screen parking lot views from the
south. Screening opacity requirements shall be as follows: 100% opacity to 3-
4 feet height and 50% opacity to 6 feet height. Developer shall work with the
property owner at 6616 Stevens Avenue to devise a mutually acceptable
screening solution along the shared property line, in accordance with the
above opacity requirement.
With the consent and cooperation of the property owner at 6615 Stevens
Avenue, the developer shall install plantings on the property or boulevard
area to mitigate headlight impacts. A boulevard feature permit from Richfield
Public Works is required before planting on public right-of-way.
The existing wood fence abutting the property at 6613 1st Avenue shall be
replaced with new fence pickets/panels. Existing fence posts may be reused.
Permitted uses shall include those uses permitted in the Mixed-Use
Neighborhood District, except convenience stores. Additionally, the following
uses from the Mixed-Use Community District are permitted: offices/clinics,
health/athletic clubs, spas, yoga studios and class III restaurants without
drive-thru/drive-in service.
Space dedicated to restaurant uses shall not exceed 2,000 gross square feet.
Odor control systems are required to mitigate cooking odors in accordance
with City Code Subsection 544.27.
Commercial doors facing 66th Street and 1st Avenue shall not be locked
during business hours.
Signage on the south and east building facades shall not be lit between the
hours of 10:00 p.m. and 6:00 a.m., except any signage related to
underground parking or resident entry. Large-scale wall or projecting signage
shall not be used on the south or east elevation.
Bicycle parking is required for commercial uses, with a minimum capacity of
six (6) bicycles. An artistic or unique design/color is recommended. Enclosed
or underground bicycle parking is required for the residential uses.
• All parking spaces shall remain available year round.
• All new utility service must be underground.
• All utilities must be grouped away from public right-of-way and screened from
public view in accordance with Ordinance requirements. A screening plan is
required prior to the issuance of a building permit.
• The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with 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 April 5, 2018 and compliance with all other City and State
regulations. Separate sign permits are required.
• A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• 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.
• Final stormwater management plan must be approved by the Public Works
Director. Infiltration not allowed in high-vulnerability wellhead protection area.
• As-builts or $7,500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final certificate of occupancy.
• The Public Works Department will monitor traffic counts and patterns
following completion of the development.
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
June, 2018.
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Maria Regan Gonzalez, Mayor Pro Tempore
ATTEST:
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Elizabe anHoose, City Clerk
Resolution No. 11513