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NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of the requested amendment to the conditional use permit is contingent on the following: 1. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. An escrow shall be established by city staff, and submitted with the city prior to issuance of a certificate of occupancy to ensure that this condition is met. 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the building between the hours of 10:00pm and 7:00am. 5. Any lighting associated with, or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. 6. Hours of operation shall be limited until 10 p.m. Sunday through Thursday and 11p.m. Friday and Saturday night. All delivery vehicles after 10 p.m. must park on the north side of the building located at 2510 Kenzie Terrace to minimize headlight glare onto the neighboring single-family residential areas to the south. 7. Additional natural landscaping/screening is required along the west side of the existing easternmost drive-aisle access to/from Lowry Avenue along the south border of the Property. Screening shall consist of coniferous shrubs and/or trees, in a quantity adequate to visually screen as much of the parking lot area as feasible, and shall be at least three (3) feet in height. All screening must comply with the City’s vision triangle standards to ensure adequate clear lines of vision at the intersection of the parking lot drive-aisle to ensure traffic and pedestrian sightlines and safety. An escrow shall be established by city staff, and submitted with the city prior to issuance of the certificate of occupancy to ensure that this condition is met. 8. (insert additional conditions as discussed) APPROVED in the regular session of the City Council on ___________________. ___________________________________ Jerome O. Faust, Mayor Attested: ___________________________________ 23