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05-10-2022 Resolution No. 11974RESOLUTION NO. 11974 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 7700 PILLSBURY AVENUE SOUTH 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 a four-story 55-unit multi-family residential building on the parcel of land located at 7700 Pillsbury Avenue South (“subject property”), legally described as follows: Lot 6, Block 4, R.C. Soens Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield held a public hearing at its April 25, 2022 meeting, and recommended approval of the 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 April 12, 2022 and published in the Sun Current newspaper on April 14, 2022; 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. 76; 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. 76; 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. 76, 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: Four vehicle parking stalls exceeding the maximum shall be shown on revised plans and constructed as reserved stalls. The applicant may request approval from the Community Development Directed with evidence that said stalls are needed. The applicant shall install, at minimum, Seven Electric Vehicle charging stations and must provide 18 EV capable stalls. At least 50 percent of the bicycle parking racks in the garage shall be available generally to tenants and not tied for a vehicle parking stall leases. Final landscaping plans must be approved by the Community Development Department prior to installation. 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 in manner consistent with the submitted landscaping plan. The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City’s Administrative Review Committee Report dated March 24, 2022 and compliance with all other City and State regulations. Separate sign permits are required. 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 plan must be approved by the Public Works Director. Infiltration not allowed in high-vulnerability wellhead protection area. 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. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of May 2022. Mary B. Supple, Mayor Pro Tempore ATTEST: Kari Sinning, City Clerk