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12-10624r RESOLUTION NO. 10624 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE RESTAURANT AT 800 66TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to a full-service restaurant with a gross floor area of 7,849 square feet at property commonly known as 800 66th Street West, property legally described as: Tracts A, B and D, Registered Land Survey No. 642, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its January 23, 2012 meeting; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for a full-service restaurant with intoxicating beverage service as specified in Richfield's Zoning Code, Section 534.07, Subdivision 6; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow a full-service restaurant with a gross floor area of 7,849 square feet, as described in City Council Letter No. 38, on the Subject Property legally described above. 2. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • Final landscaping plans shall be submitted to and approved by the Community Development Director; • Final lighting plans shall be submitted to and approved by the Community Development Director; • Final site plans addressing pedestrian connections be submitted to and approved by the Community Development Director; • Sign permits must be applied for separately. This approval does not constitute approval of any signs; • Final grading and drainage, erosion control/SWPPP, demolition, and utility plans must be reviewed and approved by the Public Works Director; • An odor control system is required; • That the recipient of this conditional use permit 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. • Prior to the issuance of an occupancy permit, the developer shall: a) Submit a copy of the recorded conditional use permit; and b) Submit a surety equal to 125% of the value of any landscaping improvements not yet complete. 3. This conditional use permit shall expire one year after it has been issued unless the use for which the permit was granted has commenced; or building permits have been issued and substantial work performed; or if an extension of no more than one additional year is granted by the Council upon written request of the applicant. 4. This 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 City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February 2012. `•ebbie Goettel, ayor ATTEST: { Nancy Gib City Clerk