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06-11 Resolution No. 11629 RESOLUTION NO. 11629 RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT AT 6540 PENN AVENUE WHEREAS , an application has been filed with the City of Richfield which requests approval of an amended final development plan to allow modifications to a parcel of land located at 6540 Penn Avenue (“subject property”), legally described as: LOT 1, BLOCK 1, RICHFIELD GARDENS 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA WHEREAS , on January 11, 2011, the City Council approved a final development plan for a planned unit development to allow construction of a retail pharmacy building on the subject property; and WHEREAS , on December 11, 2018, the City Council approved a final development plan for a planned unit development to allow construction of an apartment complex (“NOVO”) on property directly adjacent to and including a small portion of the subject property; and WHEREAS , the owner of subject property wishes to subdivide the subject property and convey said portion of the lot to the owner of the adjacent property to facilitate construction of said apartment complex; and WHEREAS , the Planning Commission held a public hearing and recommended approval of the requested amendment to the final development plan at its May 29, 2019 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 on May 16, 2019; and WHEREAS , the requested amendment to the final development plan meets those requirements necessary, as specified in Richfield’s Zoning Code, Section 542.09, Subd. 3, and as detailed in City Council Staff Report No. 78; and WHEREAS , the City has fully considered the request for approval of an amended final development plan and planned unit development; 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. Resolution No. 11629 2. An amended final development plan and planned unit development are approved to allow modifications to a parcel of land located at 6540 Penn Avenue, as described in City Council Report No. 78, on the Subject Property legally described above. 3. The amended planned unit development and final development are subject to the following conditions: • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of building permits for the NOVO development. • The applicant is responsible for obtaining all required permits, and for compliance with all other City and State regulations. • Unless specifically modified by this resolution, all previous conditions of approval as stated in City Council Resolution No. 10472 remain in place. 5. The amended planned unit development and final development plan shall remain in effect for so long as conditions regulating it are observed, and 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 11th day of June, 2019. 1-)r\GI-Akc, 1° -)} \c-U2 Maria Regan Gonzalez, Mayor ATTEST: Wail/ 6/24 Elizabeth VanHCity Clerk Resolution No. 11629