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11-10533r RESOLUTION NO. 10533 RESOLUTION AUTHORIZING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW A 94-UNIT APARTMENT BUILDING AT 6401 LYNDALE AVE, 515 64TH STREET WEST AND 521 64TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the planned unit development, final development plan and conditional use permit to allow an additional four residential units and increased setbacks on land located at 6401 Lyndale Avenue South, 515 64th Street West and 521 64th 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 adjacentY2 of vacated alley, Hennepin County, Minnesota. WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested amendment at its June 27, 2011 meeting; 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 June 14, 2011; and WHEREAS, the requested amendment meets 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. 150; and WHEREAS, the requested amendment 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. 150; and WHEREAS, the City has fully considered the request for approval of the 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 for a residential development as described in City Council Report No. 150, 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 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 and landscaping 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 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 amended 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. 9 Adopted by the City Council of the City of Richfield, Minnesota this 12th day of July, 2011. Debbie Goettel, Mayor ATTEST: NarCc7.Giblat ity Clerk