11-10548r RESOLUTION NO. 10548
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6501 LYNDALE AVENUE AND
THE IMMEDIATELY ADJACENT HOUSING AND REDEVELOPMENT AUTHORITY
LAND
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 include 45,000 square foot fitness facility; 19,700 square foot retail building
and 9,000 square foot restaurant on land located at 6501 Lyndale Avenue and the
adjacent Housing and Redevelopment Authority land, legally described as:
Lots 1 and 2, Block 1, Heyman Addition, Hennepin County
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
and recommended approval of the requested final development plan and conditional use
permit at its July 25, 2011 meeting; and
WHEREAS, notice of the public hearing was published in the Sun-Current on June
16, 2011; and
WHEREAS, the Richfield City Council held a public hearing on August 9, 2011; and
WHEREAS, mailed notice of the public hearing was sent to residents and property
owners within 350 feet of the subject property on July 26, 2011; and
WHEREAS, the requested final development plan and conditional use permit 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. 171; 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. 171; 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 commercial development as described in City Council Report No.
171, 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.
• That the developer enters into good-faith negotiations to acquire the required
Housing and Redevelopment Authority land.
• 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 revised building renderings including 1) vertical architectural elements at
the northwest corner of the L.A. Fitness building and the southern end of the
retail building and 2) additional windows on both the L.A. Fitness (north and east
walls) and retail building be submitted to and approved by the Community
Development Director.
• That final building plans for the retail building include a door facing 66th Street.
• That a final lighting plan including upgraded decorative lighting fixtures be
submitted to and approved by the Community Development Director.
• That a revised site plan including additional pedestrian elements to anchor the
expanse of parking along 66th Street be provided to and approved by the
Community Development Director.
• That a final sediment and erosion control plan be submitted to and approved by
the Public Works Director.
• That a final storm water management plan be submitted to and approved by the
Public Works Director.
• That easements be recorded for the proposed rerouting of public storm sewer
and any other public utilities.
• That a final plan for sidewalks and improvements in and along the right-of-way
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.
• Prior to the issuance of an occupancy permit for either L.A. Fitness or the
retail building, Wellington Management, Inc. shall submit a surety equal to
125% of the value of any landscaping improvements not yet complete.
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 1
547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
August, 2011.
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Debbie Goettel, Mayor
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Nancy Gibb•. , ity Clerk