04-12-2022 Resolution No. 11970Resolution No. 11970 1
RESOLUTION NO. 11970
RESOLUTION APPROVING AN AMENDMENT TO A
PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT
PLAN, AND CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A BUILDING ADDITION TO AN
ELEMENTARY SCHOOL AT 6500 NICOLLET AVENUE SOUTH
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 construction of an addition onto an elementary school building in the planned unit
development at HUB Shopping Center, located at 6500 Nicollet Avenue South, property
legally described as:
LOT 1, BLOCK 1, RICHFIELD HUB SUPERBLOCK, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, the Planning Commission of the City of Richfield held a public
hearing at its January 24, 2022 meeting and did not recommend approval of the
requested amendment to the final development plan and conditional use permit based
on the applicant’s inability to meet parking requirements; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property and published in the Sun Current newspaper on January 13,
2022; and
WHEREAS, the applicant has modified their requested amendment to the final
development plan and conditional use permit in order to provide more off-street parking;
and
WHEREAS, the requested amendment to the final development plan and
conditional use permit meets those requirements necessary for approving a major
amendment to a planned unit development as specified in Richfield’s Zoning Code,
Section 542.13, Subd. 3 and as detailed in City Council Staff Report No. 63; 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:
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 to allow a building expansion on an existing elementary
Resolution No. 11970 2
school building, as described in City Council Report No. 63, 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:
A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
The applicant must return to the City within two years of this approval with
plans to provide the lessor of 80 parking stalls or the number of parking stalls
that meets the requirements of the zoning code at the time of that application,
through a combination of any of the following:
i. Constructing additional off-street parking on site. Administrative site
plan approval is required for surface parking; a major amendment is
required for structured parking.
ii. Acquiring additional property nearby and providing proof of ability to
provide additional off-street parking through lot combination or a shared
parking agreement, as outlined in subsection 544.13, Subd. 11, of the
Zoning Code. Administrative site plan approval is required for surface
parking; a major amendment is required for structured parking.
iii. Securing additional parking on another property adjacent to the school
through a shared parking agreement as outlined in subsection 544.13,
Subd. 11, of the Zoning Code. Administrative site plan approval may be
required.
The applicant must negotiate and execute a separate agreement detailing the
specific terms and penalties associated this requirement. This agreement
must be executed prior to the issuance of a certificate of occupancy.
All required parking spaces shall remain available year round and shall not be
used for snow storage.
A minimum of 75 bike parking spaces are required to be eligible for the 5%
reduction in required off-street auto parking spaces.
The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans.
Separate sign permits are required.
The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City’s Administrative Review Committee
Report dated January 6, 2022, 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.
Unless specifically modified by this resolution, all previous conditions of
approval remain in place.
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
Resolution No. 11970 3
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.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
April, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk