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13-10871r RESOLUTION NO. 10871 RESOLUTION APPROVING AN AMENDMENT TO A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6330 AND 6400 LYNDALE AVENUE TO ALLOW UP TO 7,000 SQUARE FEET OF RESTAURANT SPACE WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the final development plan and conditional use permit for a planned unit development on land generally located at 6330 and 6400 Lyndale Avenue and legally described as: Lots 1 and 2, Block 1; Outlots B and C, Lyndale Gardens, 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 November 25, 2013 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property on November 12, 2013; 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. 274; 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. 274; and WHEREAS, the City has fully considered the request for approval of an amendment to the 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 amendment that will allow up to 7,000 square feet of restaurant space is approved as described in City Council Report No. 274, on the Subject Property legally described above. 3. The approved amendment is subject to the following conditions: • The Community Development Director may, upon analysis, approve additional square footage for take-out only (no seating) food and beverage establishments. • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. • All outstanding conditions of plat approval granted June 11, 2013 (Res. No. 10802) must be completed prior the issuance of a building permit. • Restaurants require odor control unless deemed unnecessary by the Community Development Director. • Parking stalls may not be used for snow storage. • With the exception of restaurant size limitations, all stipulations of previously approved PUD resolutions No. 10780 and 10801 remain in effect. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. ( r) i 1 Debbie Goettel, Mayor ATTEST: ',..,_,,ttcx/iAtA4 A/6_cp, Nancy Gib s, City Clerk