11-10472RESOLUTION NO. 10472
RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL
USE PERMIT FOR CVS PHARMACY
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a final development plan and- conditional use permit fora 12,900 square foot
retail development on land located on the south half of 6528 Penn Avenue South, legally
described as:
That part of Lot 16, "Richfield Gardens", according to the recorded plat thereof,
Hennepin County, Minnesota, which lies southerly of a line described as
commencing at the southeast corner of said Lot 16; thence northerly, along the
easterly line of said Lot 16, a distance of 219.69 feet to the point of beginning of the
line to be described; thence westerly, deflecting to the left 90 degrees OO minutes
00 seconds, to the west line of said Lot 16 and said line there terminating..
Together with:
Lot 3; Block 3, HARRY TICKNER'S SUBDIVISION OF LOT 15, RICHFIELD
GARDENS, according to the recorded plat thereof, said Hennepin County.
WHEREAS, the Planning Commission held a public hearing on the request for a
final development plan and conditional use permit on November 22, 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
November 11th, 2010 and November 9, 2010; respectively; and
WHEREAS, the City Council considered the final development plan and conditional
use permit on January 11, 2011; and
WHEREAS, the proposed residential use inconsistent with the goals, policies, and
objectives of the City's Comprehensive Plan: _
a) The PUD plan is consistent with the Comprehensive Plan
designation of this property as part of a larger mixed use district
stretching along Penn Avenue from Highway 62 to 68th Street.
b) The PUD plan is consistent with the described intent of this
designation to "create a traditional neighborhood center that is a
vibrant, pedestrian-oriented district...[that] would accommodate
residential, shopping, recreational and business uses in a flexible
arrangement that captures the spirit and intent of the Penn
Avenue Revitalization Master Plan." [4-22]
c) -The PUD plan is consistent with the Penn Avenue Master Plan
vision for this area as a continued home for the Arc's Value
Village store, additional retail and surface parking. The PUD plan
is consistent with the Penn Avenue Design Guidelines in that it
appropriately transitions between the public street and private
development.
d) The PUD plan and rezoning are also consistent with the
expressed desire for "enhance[d] business opportunities...either
as .part of upgrading existing retail areas, expanding new retail
business opportunities and/or seeking new and/or redevelopment
opportunities for offices, entertainment and service businesses."
[4-16]
WHEREAS, the retail use is consistent with the purposes of the Zoning Code and
the purposes of the zoning districts 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 enhancing business opportunities through target redevelopment.
This use is consistent with the intent of the Mixed Use -Community and Penn Avenue
Corridor Overlay Districts; and
WHEREAS, the retail use is consistent with any officially adopted redevelopment
plans or urban design guidelines. The Penn Avenue Master 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 retail use is or will be in compliance with the performance
standards specified -in Section 544 of the Zoning Code. The proposed use will
substantially comply with performance standards. Variations are supported by the
specifics of the project; and
WHEREAS, the retail use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. There are or will be
adequate facilities, utilities and services to support the development; and
WHEREAS, the retail 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 enhanced and upgraded retail 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 retail
development as described in City Council Report No. , 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 authorizes submittal of a sign permit for an off-site sign at the
corner of 66th Street and Penn Avenue. Sign permits are required for all signs
and applications must be submitted to the Building Official.
• 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, retaining wall
and stormwater requirements be executed.
• That the property be platted:
• That a permanent cross access agreement between the two proposed parcels
be executed and a copy provided to the City.
• That all new utilities be installed underground and not through new overhead
wires.
• -That a final utility plan be submitted to and approved by the Public Works
Director.
• That appropriate permits and approvals related to stormwater, work within the
right-of-way, sidewalk closures, detours and bus stop relocation be obtained by
the developer.
• -Prior to the issuance of an occupancy permit, Velmeir Companies shall:
o Receive approval and record final plat;
o Submit a copy of Hennepin County's approval of the final plat; and
o 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, Subd. 9
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
January, 2011.
~.
Debbie Goettel, Mayor
ATTEST:
V~
Nancy Gib ,City Clerk