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Betty's Pies, page 8 CITY OF LINO LAKES RESOLUTION NO. 05-163 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR OUTDOOR DINING, AND THE PLANNED UNIT DEVELOPMENT — FINAL PLAN FOR BETTY'S PIES WHEREAS, the City has received an application for a planned unit development — final plan approval for property currently described to -wit: Outlot E, THE VILLAGE NO. 3, Anoka County, Minnesota. ; and WHEREAS, the City has approved a final plat entitled THE VILLAGE NO. 4, which will create the parcel on which the Betty's Pies is proposed to be constructed. This parcel will be described as: Lot 2, Block 2, THE VILLAGE NO. 4 ; and WHEREAS, the planned unit development — final plan approval request is based on the following submittals: • 1. Betty's Pies Plan Set received September 27, 2005. 2. Betty's Pies Outdoor Dining Plan received October 5, 2005. 3. Village No. 4 Final Plat received September 7, 2005 ; and WHEREAS, at their meeting on October 12, 2005, the Planning & Zoning Board recommended approval of the planned unit development — final plan subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed planned unit development — final plan meets the requirements of the City's zoning ordinance, subdivision ordinance, and the Lino Lakes Town Center Design and Development Guide, subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the planned unit development — final plan for the Betty's Pies subject to the following conditions: 1. A site performance agreement between the city and the developer must be completed prior to the issuance of building permits. • 2. Issues discussed in the S.E.H. engineering review memo must be addressed to the satisfaction of city staff. 3. Operation and maintenance agreements for the site, including provisions for stormwater facilities, must be submitted for review by city staff prior to the issuance of building permits.