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c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. The Planning Commission and City Council determined the PUD and Special Use Permit criteria were met based on the following findings: a. The proposed patio is consistent with the Comprehensive Plan. In. The revised patio design would meet the intent to create a pedestrian friendly downtown environment, respect existing circulation patterns, and enhance the visual character of the site. c. Conditions are recommended to ensure the proposal is compatible with residential uses nearby. Now THEREFORE BE IT RESOLVED that based upon the above Findings of Fact, the lication for a Planned Unit Development Amendment (PU2011-001) and Special Use mit (SP2011-009) are hereby approved, subject to the following conditions: The original patio design submitted by the applicant shall be acceptable subject to the applicant entering into an Encroachment Agreement satisfactory to the City Attorney, drafted at the applicant's expense, and recorded against the property. The agreement shall include language stating it will be the applicant's expense should the patio need to be temporarily removed to accommodate drainage or utility needs within the easement area. In lieu of entering into the agreement, the applicant may implement the revised patio design that allows a 4' clear path on both sides so as to protect the integrity of the easement. No bar or server stations are permitted on the outdoor dining patio so as to avoid any unnecessary noise. The restaurant's audio entertainment system shall not be part of any exterior audio capabilities the patio might have. Only background music shall be permitted on the patio, but may not be audible at the front door of any residence across 5`h AVE NW. Prior to use of the patio, the applicant shall pay the "Exterior Public Seating" fee of $650 to the Public Safety Department in accordance with liquor license requirements. The applicant shall obtain all necessary permits from the Building Official in association with an increase seating capacity within an assembly area. The applicant will be required to pay additional Sewer Access Charges (SAC) for the increased seating, including but not limited to the Metropolitan Council SAC charges estimated at 2 additional SAC fees for a total of $4,460. No events are permitted on the outdoor dining patio. Under no circumstances shall the restaurant access door to the patio be propped open. No signage, streamers, banners, balloons or the like may be displayed within the outdoor dining patio, unless allowed through issuance of a Temporary Sign Permit. The following hours of operation shall be honored: Sun. — Thurs: stop serving food at I 1pm, close at midnight, Fri. & Sat: close at regular bar close time.