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�esolution 8.9�1-0� Page ? WHEREAS, the Mermaid PUD currently does not allow retail uses; and, WHEREAS, the property located at 2200 County Highway 10, legally described as Lot 1, Block 1, Mermaid Addition and Outlot A, Mermaid Addition; was approved by the City Council for bowling lanes, hotel, banquet center, night club and lounge and restaurant uses; and, WHEREAS, the property owners wish to amend the PUD Agreement by adding "retail" as an allowed use for the site in order to redevelop the proposed 1.4 acre lot into a retail center; and, WHEREAS, the Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding these requests 1. Staff Report 2. Preliminary Plat 3. Zoning Map 4. Aerial View 5. Site Plan NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Preliminary Plat date stamped August 13, 2008 submitted by Charlie and Dan Hall subject to the following conditions: 1. The applicant shall arrange to have an acceptable Title Commitment provided to the City Attorney for review prior to the final approval of the subdivision by the City Council. 2. The applicant shall satisfy any additional requirements made by the City Attorney in a plat opinion. 3. The applicant shall pay a park dedication fee in an amount to be determined by the City Council. 4. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this PUD Amendment request: 1. The property in question, 2200 County Highway 10, described by the PUD Agreement as the "Mermaid" is zoned Planned Unit Development (PUD).