10-10413rRESOLUTION NO. 10413
RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL
USE PERMIT FOR THE LYNDALE COMMONS PROJECT
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a final development plan and conditional use permit fora 90-unit residential
development on land located at 6401 Lyndale Avenue South, 515 64t" Street West and
521 64t" Street West, legally described as:
Lot 11, 12, 13, 14, 15, 16, 17 and the Northwesterly 25 feet of Lot 18, Block 6,
"Lyndale Oaks", according to the recorded plat thereof, and situated in Hennepin County,
Minnesota, together with that part of the vacated alley that accrued to said Lots by reason
of the vacation thereof; and
Lot 10, Block 6, Lyndale Oaks Addition, including adjacent'/ of vacated alley,
Hennepin County, Minnesota.
WHEREAS, the Planning Commission held a public hearing on the request for a
final development plan and conditional use permit on July 26, 2010 and recommended
approval; and
WHEREAS,. notice of the public hearing was published in the Sun-Current and
mailed to residents and property owners within 350 feet of the subject property on July 13,
2010; and
WHEREAS, the City Council considered the final development plan and conditional
use permit on September 14, 2010; and
WHEREAS, the proposed residential use is consistent with the goals, policies, and
objectives of the City's Comprehensive Plan:
a) The City's Comprehensive Plan designates these properties as part of
a larger mixed use district encompassing the 66t" Street and Lyndale
Avenue Area.
b) The Comprehensive Plan describes the intent in this area "is to
continue the expansion of the city center area by incorporating
residential housing at 50+ units per acre..."
c) The PUD plan and rezoning are also consistent with the following
Comprehensive Plan Houisng Policy: "Encourage the creation of
`move-up' housing through new construction and home remodeling."
d) The PUD plan and rezoning are consistent with the Comprehensive
Plan goal to, "Ensure sufficient diversity in the housing stock to provide
for a range of household sizes, income levels and needs."
WHEREAS, the residential use is consistent with the purposes of the Zoning Code
and the purposes of the zoning district in which the project will be located. The proposed
use complies with the purpose of the Zoning Code to assist in the implementation of the
City's Comprehensive Plan by adding additional high-density housing to the City's
"downtown" area. The use is consistent with the intent of the Planned Multi-Family
Residential (MR-3) District; and
WHEREAS, the residential use is consistent with any officially adopted
redevelopment plans or urban design guidelines. The Lakes at Lyndale Plan was
incorporated into and updated through the Comprehensive Plan update process. The
proposed use is consistent with guidance for Mixed Use development in this area; and
WHEREAS, the residential use is or will be in compliance with the performance
standards specified in Section 544 of the Zoning Code. The proposed use will comply with
landscaping, screening, architectural, lighting, parking, pedestrian circulation, utility and
stormwater management requirements; and
WHEREAS, the residential use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or proposed improvements. There
are adequate facilities, utilities and services to support the development; and
WHEREAS, the residential use will not have undue adverse impacts on the public
health, safety, or welfare. Adequate provisions have been made to protect the public
health, safety and welfare; and
WHEREAS, there is a public need for such use at the proposed location. There is a
need for new and larger rental dwelling units in the City; and
WHEREAS, the commercial use meets or will meet all the specific conditions set by
this code for the granting of a final development plan and conditional use permit; and
WHEREAS, the City has fully considered the request for approval of the 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 final development plan and conditional use permit are approved for a residential
development as described in City Council Report No. 170, on the Subject Property
legally described above.
3. The 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 property owner is responsible for replacing any required landscaping
that dies.
• This approval does not include the signs shown on the drawings. Separate
sign permits are required.
• That a final lighting plan be submitted to and approved by the Community
Development Director and Public Works Director.
• That a final sediment and erosion control plan be submitted to and approved
by the Public Works Director.
• That a final stormwater management plan be submitted to and approved by
the Public Works Director.
• That a final plan for walkways and sidewalks, both public and private, be
submitted to and approved by the Community Development Director and
Public Works Director.
• That a maintenance agreement related to sidewalks, landscaping and park
area be executed.
• That a final utility plan be submitted to and approved by the Public Works
Director.
• That a traffic control plan for disruptions on Lyndale Avenue be submitted
and approved by the Public Works Director.
• That a final plan and maintenance agreement for the proposed "pocket park"
be submitted to and approved by the Recreation Services Director.
• That the property be platted.
• Prior to the issuance of an occupancy permit, Michael Development shall:
i. Receive approval and record final plat;
ii. Submit a copy of Hennepin County's approval of the final plat; and
iii. Submit a surety equal to 125% of the value of any landscaping
improvements not yet complete.
4. The 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, S.ubd. 9
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
September, 2010.
Deb ie Goettel, Mayor
ATTEST:
Nancy Gibbs 'ty Clerk