04-27 Resolution No. 11844RESOLUTION NO. 11844
RESOLUTION APPROVING AN
FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT THE NORTHEAST CORNER OF LYNDALE AVENUE AND 65TH STREET
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 allow construction of a five -story mixed -use building on the parcel
of land located at the northeast corner of Lyndale Avenue and 65t" Street ("subject
property"), legally described as:
Lot 1, Block 1, Lyndale Oaks Second Addition, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public
hearing at its March 22, 2021 meeting, and recommended approval of the amended
final development plan and conditional use permit; and
WHEREAS, notice of the public hearing was mailed to properties within 500 feet
of the subject property on March 9, 2021 and published in the Sun Current newspaper
on March 11, 2021; and
WHEREAS, the final development plan and conditional use permit meet 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. 64; 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. 64; 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. A planned unit development, final development plan and conditional use permit
are approved for a mixed -use development as described in City Council Report
No. 64, on the Subject Property legally described above.
3. The approved planned unit development, final development plan and conditional
use permit are subject to the following conditions:
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Resolution No. 11844
Reports dated February 26, 2021 and compliance with all other City and State
regulations.
• Permitted uses shall include those uses permitted in the Mixed -Use
Community District. Additionally, Class I and II restaurants exceeding 4,500
square feet in gross area require review of an amendment to the PUD.
• If a restaurant tenant is installed, odor control systems are required to
mitigate cooking odors in accordance with City Code Subsection 544.27.
• A boulevard feature permit from Richfield Public Works is required before
planting on public right-of-way.
• Final landscaping plans must be approved by the Community Development
Department prior to installation. Developer should consider native plantings
that meet screening requirements previously identified.
• Final trail/sidewalk continuous paved width adjacent to the intersection of
Lyndale Avenue and 65th Street shall be not less than 10 feet. Trail/sidewalk
width transitions, boulevard space, sight lines, and clear zone shall be
approved by the City Engineer prior to the issuance of a building permit.
• All parking spaces shall remain available year round.
• All new utility service must be underground.
• All utilities must be grouped away from public right-of-way and screened from
public view in accordance with Ordinance requirements. A screening plan is
required prior to the issuance of a building permit.
• The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
• This approval does not constitute approval of specific signs. Sign permits are
required and must be applied for separately.
• A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• 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.
• Final stormwater management plans must be approved by the Public Works
Director.
• As-builts or $7,500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final certificate of occupancy.
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. 11844
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
April 2021.
ft&WLPuwjAz:-
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Resolution No. 11844