02-24 Resolution No. 11723
RESOLUTION NO. 11723
RESOLUTION APPROVING AN AMENDED
FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT AT
6501 WOODLAKE DRIVE
WHEREAS
, an application has been filed with the City of Richfield which
requests approval of an amended final development plan and conditional use permit to
allow an additional retail building with drive-up ATM and associated site changes at the
planned unit development commonly known as Market Plaza & Village Shores, located
at 6501 Woodlake Drive, on property 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 amendment to the final
development plan and conditional use permit at its December 9, 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 November 28, 2019; and
WHEREAS
, the City Council finds that while the drive-up ATM would be located
less than 500 feet from the drive-thru of a substantially similar use (BMO Harris Bank at
Woodlake Centre), that existing drive-thru is not prominently visible from the intersection
of Lyndale Avenue and 66th Street, and therefore the addition of the ATM lane would
not create a detrimental overconcentration of similar drive-thru uses in this area; and
WHEREAS
, the requested amendment to the 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. 37; 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. 37; and
WHEREAS
, the City has fully considered the request for approval of an amended
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. An amended planned unit development, final development plan and conditional
use permit are approved for an additional retail building with drive-up ATM and
associated site changes as described in City Council Report No. 37, on the
Subject Property legally described above.
Resolution No. 11723
3. The approved planned unit development, final development plan and conditional
use permit are subject to the following conditions:
Customer entrances on the north and south façade shall remain unlocked and
accessible to the public during all business hours.
Where a pedestrian route crosses the parking lot surface, a distinct paving
material shall be used. Where parking spaces abut the pedestrian route, car
stops shall be used to prevent vehicle encroachment onto the walkway.
West of the building, paved surface shall be reduced to only that which is
necessary to facilitate trash pickup and egress from required building exit(s).
The extent of any retaining wall and/or railing placed near the right-of-way
shall be limited to only that which is necessary for public safety, due to grade
changes. Railing design requires approval by the Community Development
Director prior to issuance of building permits.
Snow storage is prohibited in the Market Plaza parking lot, and on the entire
bank outlot property. All surface parking spaces must remain available year
round. All walkways and stairways shall be cleared of snow and other debris.
The proposed public art piece shall be installed within two years of approval.
Easements for cross-access, parking, and signage are required. Proof of
recording said easements must be submitted to the City prior to issuance of a
certificate of occupancy.
The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
All new utility service must be underground.
All utilities must be screened from public view in accordance with Section
544.05. A screening plan is required prior to the issuance of a building permit.
No additional freestanding signage shall be permitted, except for smaller
directional signs as necessary. Separate sign permits are required; this
resolution does not constitute approval of any signs.
A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
Subdivision of the property is required and must be recorded with the County.
The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City’s Administrative Review Committee
Report dated November 18, 2019 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.
A maintenance agreement must be executed and approved by the Public
Works Director prior to issuance of a Certificate of Occupancy.
As-builts or $7,500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final Certificate of Occupancy.
Unless specifically modified by this resolution, all conditions of prior approvals
remain in place.
Resolution No. 11723
4. This amendment to the 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 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 24th day of
February, 2020.
r\(.),
k,A !4 ,01?
Maria Regan Gonza -z, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Resolution No. 11723
EXHIBIT A
LEGAL DESCRIPTION
Tracts A, B, C, E, F, and G, REGISTERED LAND SURVEY NO. 1635
AND
Tracts A & B, REGISTERED LAND SURVEY NO. 1864, Hennepin County, Minnesota
Resolution No. 11723