11-26 Resolution No. 11678
RESOLUTION NO. 11678
RESOLUTION APPROVING A SITE PLAN AND VARIANCES
FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT AND GROCERY STORE
AT 6200 AND 6228 PENN AVENUE SOUTH
WHEREAS
, an application has been filed with the City of Richfield which requests
approval of a site plan and variances for a multifamily residential development and grocery
store on land (“subject property”) that is legally described in the attached Exhibit A; and
WHEREAS
, the Planning Commission held a public hearing and recommended
approval of the site plan and variances at its October 28, 2019 meeting; and
WHEREAS
, notice of the public hearing was published in the Sun Current and
mailed to properties within 350 feet of the subject property on October 17, 2019; and
WHEREAS
, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances where
enforcement would cause “practical difficulty” to the owners of the property under
consideration; and
WHEREAS
, the request meets those requirements necessary for approving a site
plan as specified in Zoning Code Section 547.13, and variances as specified in Section
547.11, as detailed in the “Code Requirements / Required Findings” document attached to
City Council Staff Report No. 148; and
WHEREAS
, the City has fully considered the request for approval of the site plan
and variances; and
NOW, THEREFORE, BE IT RESOLVED
, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council makes the following general findings:
a. The Property is zoned Mixed Use Community (MU-C) and is located in the
Penn Avenue Corridor (PAC) overlay.
b. Multifamily dwellings are permitted in the MU-C District. The Penn Avenue
Corridor District provides for a balanced mix of commercial, office and
residential uses that together create a cohesive and pedestrian-friendly area.
c. The proposed density and building height conform to the Comprehensive
Plan and Zoning Code.
d. With respect to the proposed site plan, the City Council finds that it will
adequately serve the purpose for which it is proposed and will not have
adverse effects upon public safety or the general welfare.
e. In the MU-C District, the maximum allowed front building setback is 20 feet.
On the apartment parcel, the proposed front setback to Penn Avenue is
141.6 feet. The maximum impervious surface coverage allowed is 80%. On
the grocery store parcel, the proposed impervious surface coverage is
84.2%. Variances from Section 537.07, Subdivision 1 are required.
2. Based on the above findings and those detailed in the “Code Requirements /
Required Findings” document attached to City Council Report No. 148, a site plan
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Resolution No. 11678
and variances are approved for a multi-family residential development and grocery
store at 6200 and 6228 Penn Avenue South, respectively. Approval of the site plan
is subject to the following conditions:
Parking & cross-access easements between the two parcels are required and
must be recorded prior to the issuance of a Certificate of Occupancy.
A minimum of 145 surface parking spaces shall remain available year round.
A revised landscaping plan including tree quantities and sizes that conform to
Zoning Code Section 544.03 must be submitted to and approved by the
Community Development Director, prior to 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 inclusion of electrical
infrastructure to light trees along Penn Avenue is recommended.
Final lighting plans must be submitted to and approved by the Community
Development Director. Pedestrian scale lighting shall highlight building
entrances. Lighting in the right-of way must be approved by Public Works.
Pedestrian routes through the property must meet minimum ADA requirements.
To ensure that vehicle hoods do not encroach on walkways, curb stops are
required in parking stalls that abut a pedestrian route at a perpendicular angle.
Final plans for sidewalks and improvements in and along the right-of-way must
be submitted to and approved by the Public Works Director. Sidewalks shall
continue across the driveway curb cuts, per Public Works requirements.
Coordinate boulevard tree species and placement with the City Forester.
Final stormwater management plans must be submitted to and approved by the
Public Works Director. Plans must meet all requirements of the City’s Surface
Water Management Plan and Richfield Bloomington Water Management
Organization. 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.
The applicant is responsible for obtaining all required permits, compliance with
all requirements detailed in the City’s Administrative Review Committee Report
dated October 10, 2019, and compliance with all other applicable City and State
regulations.
A recorded copy of this 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.
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.
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.
During construction, the applicant shall minimize parking and traffic impacts on
public streets related to worker/construction vehicles.
This approval does not constitute approval of specific signs. Sign permits are
required and must be applied for separately.
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Resolution No. 11678
3. The approved site plan and variances shall expire one year from issuance unless
building permits have been issued and substantial work has been performed, or
upon written request by the Developer, the Council extends the expiration date for
an additional period of up to one year, per Zoning Code Section 547.13, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
November, 2019.
r I
Maria Regan Go alez, Mayor
ATTEST:
t it/
Elizabeth VanHoose, City Clerk
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Resolution No. 11678
EXHIBIT A
LEGAL DESRCRIPTION
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Resolution No. 11678