12-11 Resolution No. 11577
RESOLUTION NO. 11577
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 183 apartments, 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 November 26, 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 November 13, 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. 221; 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. 221; 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. 221.
3. The approved planned unit development, final development plan and conditional
use permit are subject to the following conditions:
A recorded copy of this approved resolution must be submitted to the City prior
to the issuance of a building permit.
A preliminary plat must be approved prior to the issuance of a building permit
A final plat must be approved and recorded prior to the issuance of a certificate
of occupancy.
This approval does not constitute approval of specific signs. Sign permits are
required and must be applied for separately.
Resolution No. 11577
Final lighting plans must be submitted to and approved by the Community
Development and Public Works Directors. Pedestrian scale lighting shall
highlight building entrances.
Final landscaping plans noting the species, quantity, and sizes of trees and
shrubs must be submitted to and approved by the Community Development
Director. Additional landscaping and/or public art are required in areas where a
significant amount of underground parking structure is visible from public right-
of-way. The property owner is responsible for the ongoing maintenance and
tending of all landscaping in accordance with approved plans.
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.
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 utility plans must be submitted to and approved by the Public Works
Director. All new utilities must be underground.
A maintenance agreement related to sidewalks and landscaping must be
executed prior to issuance of a Certificate of Occupancy.
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 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.
As-builts or $7,500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final certificate of occupancy.
Prior to construction, the applicant shall hire an independent firm to conduct pre-
construction condition surveys of properties abutting Russell Avenue between
65th Street and 66th Street, and properties abutting 65th 1/2 Street between
Queen and Russell Avenues.
During construction, the applicant shall work to minimize parking and traffic
impacts on public streets related to worker/construction vehicles. Solutions could
include parking worker vehicles off-site and shuttling workers to the construction
site.
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.
Resolution No. 11577
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
December, 2018.
Pat Elliott, Mayor
ATTEST:
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Elizabeth VanHoose, City Clerk
Resolution No. 11577
EXHIBIT A
LEGAL DESRCRIPTIONS
Blocks 2 and 3, Harry Tickner's Subdivision of Lot 15, Richfield Gardens, according to the
plat thereof, Hennepin County Minnesota.
That part of Lot 1, Block 1, Richfield Gardens 2nd Addition, according to the plat thereof,
Hennepin County, Minnesota, described as lying westerly of the following described line;
Commencing at the Southwest Corner of said Lot 1, Block 1, thence South 89 degrees 45
minutes 12 seconds East, assumed bearing along the south line of said Lot 1, Block 1, a
distance of 125.10 feet, to the Point of Beginning of the line to be described; thence North
00 degrees 14 minutes 25 seconds West, parallel with the west line of said Lot 1, Block 1,
a distance of 70.00 feet more or less, to the angle point on the westerly line of said Lot 1,
Block 1 and there terminating.
Resolution No. 11577