09-10-2024 Resolution 12239RESOLUTION NO. 12239
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AND A
AMENDED PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN
AT 140 – 66TH STREET WEST
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 n amended planned
unit development for a retail use with over 50,000 square feet of gross floor area , on land
that is legally described in Exhibit A, attached; and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
and recommended approval of the requested Amended Planned Unit Development Final
Development Plan and Conditional Use Permit at its August 26, 2024 meeting; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet of
the subject property on August 15, 2024, and published in the Sun-Current on August 15,
2024; and
WHEREAS, the request meets those requirements necessary for approving a n
Amended Planned Unit Development as specified in Richfield’s Zoning Code, Section
542.09, Subd. 3 and as detailed in City Council Staff Report No.121; 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.121; and
WHEREAS, the City has fully considered the request for approval of an amended
planned unit development, final development plan and conditional use permit;
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, and the findings listed in the Required Findings Statement.
2.An amended planned unit development, final development plan and conditional use
permit are approved for a retail use with over 50,000 square feet of gross floor area
as described in City Council Report No.121, on the Subject Property legally
described as attached.
3. The approved amended planned unit development, final development plan and
conditional use permit are subject to the following conditions:
a) That the applicant obtains written consent from Popeye’s for the portion of the
improvements that are located on Popeye’s property.
b) Prior to issuance of any construction permits, the plans shall be revised to
comply with all items detailed in the City’s Administrative Review Committee
Report dated August 12, 2024.
c) The applicant shall record this Resolution with the County, pursuant to
Minnesota Statutes Section 462.36, Subd. 1 and the City’s Zoning Ordinance
Section 547.09, Subd. 8.
d) The parking lot landscaping elements that are located on the HUB Center parcel
(to the east) will be attributed toward the internal parking lot landscaping
requirement for the subject site. To memorialize this understanding , a copy of
this resolution of approval must also be recorded against the HUB Center parcel.
e) Proof of having recorded this resolution of approval against both parcels must be
submitted to the City prior to the issuance of an occupancy permit.
f) Required changes to the Declaration of Covenants, Restrictions and Easements
must be approved by the HRA prior to issuance of construction permits.
g) This does not constitute approval of any signage; sign permits are required and
must be applied for separately.
h) Any signs on the building’s north facade shall only be lit during hours of
operation.
i) Final site plan, landscaping plan, building elevations, photometric plans and
details must be approved by the Community Development Department prior to
installation. A final sediment and erosion control plan must be submitted to and
approved by the Public Works Director.
j) The applicant shall provide an updated and accurate existing parking count.
k) The mural shall not contain any text or logos, subject to staff review and
approval.
l) All windows shall maintain two-way visibility year round.
m) Sidewalk displays are not permitted any time of year.
n) Both the property owner and tenants are responsible for ensuring that all
appropriate measures are taken so that shopping carts will stay on the property,
and are collected from the parking lot as needed to maintain ease of bike, ped
and vehicular circulation.
o) The applicant is responsible for obtaining all required permits, and compliance
with all other City, County and State regulations, including the MN Department of
Agriculture.
p) Prior to the issuance of an occupancy permit the Developer must submit a
surety equal to 125% of the value of any required improvements or conditions of
approval that are not yet complete.
q)The property owner is responsible for the ongoing maintenance and tending of
all exterior improvements in accordance with approved plans.
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
September, 2024
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
EXHIBIT “B”
HUB CENTER PARCEL LEGAL DESCRIPTION
Lot 2, Block 1, Richfield Hub Superblock.
A portion of the above being registered property described as follows:
The North 254.85 feet of the most Easterly 250 feet of Lot 2, Block 1, Richfield Hub
Superblock.