09-25 Resolution No. 11548
RESOLUTION NO. 11548
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 218 apartments and 72 townhomes , on land that is legally
described as; and
Blocks 1-2, IVERSON’S SECOND ADDITION, Hennepin County, Minnesota;
together with
That part of East 64th Street as dedicated on the plat of, IVERSON’S SECOND
ADDITION, Hennepin County, Minnesota which lies easterly of the southerly extension of
the westerly line of Block 1 said IVERSON’S SECOND ADDITION; and which lies westerly
of the southerly extension of the easterly line of said Block 1.
WHEREAS,
the applicant has represented their intent to purchase all of the
properties legally described above (collectively, the “Development Area”);
WHEREAS
, the City understands that land use approvals may be necessary to
move forward with the remaining property acquisitions in this Development Area and is
thereby making an accommodation by considering this application prior to the final
acquisition of all land in the Development Area; 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 August 27, 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 August 14, 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.169; 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. 169; 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 multi-family residential development as described in City Council
Report No. 169, in the Development Area.
3. The approved planned unit development, final development plan and conditional
use permit are subject to the following conditions:
The applicant must acquire all properties in the Development Area or must
return to the City Council for approval of an amended resolution to remove
properties not acquired.
A recorded copy of this approved resolution, or an approved amended
resolution, if applicable, must be submitted to the City prior to the issuance of
a Certificate of Occupancy.
The property in the Development Area must be platted. A preliminary plat
must be approved prior to the issuance of a building permit and a final plat is
required prior to the issuance of a certificate of occupancy.
Approved buildings must comply with noise attenuation construction
requirements of the Airport Runway Overlay District.
Staff is authorized to approve minor site modifications related to setbacks
along the northern boundary of the townhomes.
Prior to the issuance of building permits, the applicant must enter into a lease
with the City for pocket park improvements and walkways on remnant park
property to the north of the Development Area. Park improvements must
include a sign indicating that the space is available to the public.
This approval does not constitute approval of specific signs. Sign permits
are required and must be applied for separately. Sign setbacks may be
modified if necessary for visibility, provided that signs do not interfere with
Public Works activities.
Final lighting plans must be submitted to and approved by the Community
Development and Public Works Directors.
Final landscape plans that include greater variation in tree size (caliper
inches) must be approved by the Community Development Director.
Additional landscaping or varied building treatments are required in areas
where a significant amount of underground parking structure is visible.
Central greenspace and walkways must be maintained as quasi-public space
without any barriers to public access.
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.
Resolution No. 11548
• The applicant is responsible for obtaining all required permits, and complying
with all requirements detailed in the City's Administrative Review Committee
Report and all other applicable City and State regulations.
• Prior to the issuance of a Certificate of Occupancy, the Developer must
submit a surety equal to 125% of the value of any improvements not yet
complete.
• The property owner is responsible for maintaining landscaping in accordance
with approved plans.
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 25th day of
September, 2018
Pat Elliott, Mayor
ATTEST:
Eliza eth Van oose, City lerk
Resolution No. 11548