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RESOLUTION NO. 11-061 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVING A PLANNED UNIT DEVELOPMENT AND A SPECIAL USE PERMIT. WHEREAS, an application for an amendment to an existing Planned Unit ,elopment and Special Use Permit has been made by Pratt Ordway Properties to allow struction of an outdoor dining patio at 500 5`h AVE NW, and WHEREAS, the procedural history of the application is as follows: Application of a Planned Residential Development Amendment and Special Use Permit were made on April 29, 2011. The Planning Commission, pursuant to published and mailed notices, held a public hearing on May 17`h and all persons present were given an opportunity to be heard. The Planning Commission recommended the City Council approve the request, subject to conditions. The City Council considered the request on May 24, 2011. WHEREAS, the Planning Commission and City Council make the following Findings Fact with respect to the Planned Unit Development Amendment (PU2011-001) and -cial Use Permit (SP2011-009): The property is located at 500 51h Ave NW. The property is zoned B — 4, Downtown Business. The property is guided in the New Brighton Comprehensive Plan for CB, Community Business. The property has numerous PUD approvals on file dating back nearly 10 years. The proposed amendment would allow for construction of an outdoor dining patio at the corner of 5`h Avenue NW and 5a' Street NW, for use by the corner tenant of the building known as Building E. Per the PUD Amendment review criteria of Zoning Code Section 7-260(4), the PUD standards of Section 7-230 were considered and it was determined none of those standards would be impacted by the proposal. Per the PUD Amendment review criteria of Section 7-260(6), the Planning Commission and City Council also considered whether or not the proposal would be in conformance with the stated factors of Zoning Code Section 7-240(1-7). Per Zoning Code Section 5-340(4) outdoor dining requires review and approval of a Special Use Permit per the following standards of Section 8-130: a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health; safety, morals, comfort or general welfare. b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.