12-10 Resolution No. 11700
RESOLUTION NO. 11700
RESOLUTION APPROVING AN AMENDED
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 an amended final development plan to allow modifications to approved plans
for a planned unit development 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.
EXCEPT
Lot 6, Block 2, IVERSON’S SECOND ADDITION, Hennepin County, Minnesota
WHEREAS, on September 25, 2018, the City Council approved a final development
plan for a planned unit development to allow construction of 218 apartments and 72
townhomes on the subject property;
WHEREAS, Resolution No. 11548 specifically stated that the City understood that
land use approvals could be necessary to move forward with the remaining property
acquisitions in this development area and was thereby making an accommodation by
considering the application prior to the final acquisition of all land in the development area;
and
WHEREAS, the Applicant has been unable to acquire the property at 6433 – 16th
Avenue; and
WHEREAS, the Applicant has applied for an amendment to the final development
plans that would allow construction of 218 apartments and 64 townhomes; and
WHEREAS, a public hearing to consider the request was held by the Richfield
Planning Commission on November 25, 2019; 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 November 14, 2019; and
WHEREAS, the requested amended 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. 159; 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. 159; and
WHEREAS, the City has fully considered the request for approval of a planned unit
development, final development plan and conditional use permit; and
WHEREAS, the City remains hopeful that the property at 6433 – 16th Avenue will
be acquired by the Developer at some time in the future and desires to avoid the
substantial hardship caused by a full new application process; and
WHEREAS, the City has considered that the development of 6433 – 16th Avenue in
the manner originally proposed and approved by Resolution No. 11548 is in the public
interest and will complete the development in the manner prescribed by the City’s
Comprehensive Plan, and hereby votes and approves that in the event the Developer is
able to acquire the property, the Developer may submit an updated Planned Unit
Development plan to be administratively approved by the Community Development
Director, or designee; 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:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth
above.
2. An amended 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. 159, in the Development Area.
3. The amended planned unit development, final development plan and conditional
use permit are subject to the following conditions:
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. City staff is authorized to make changes
required by the Hennepin County Recorder’s Office to facilitate the recording
of this resolution.
The property in the Development Area must be platted prior to the issuance
of a certificate of occupancy.
Unless specifically modified by this resolution, all previous conditions of
approval stated in City Council Resolution No. 11548 remain in place.
4. The amended 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 amended 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 10th day of
December, 2019.
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Maria Regan Gonz :z, yor
ATTEST:
Elizabeth
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