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Res 2004- 43 Approving CUP for Le Cordon BleuCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 -43 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LE CORDON BLEU (BROWN COLLEGE) FOR A RESTAURANT AT MENDOTA HEIGHTS ROAD AND ENTERPRISE DRIVE WHEREAS, Mr. Ron Swanson has applied for a Conditional Use Permit on behalf of Le Cordon Bleu (Brown College) for a Restaurant at the northeast corner of Mendota Heights Road and Enterprise Drive (All of Lot 6 and that part of Lot 7, Block 1, Mendota heights Industrial Park, according to the recorded plat thereof Dakota County, Minnesota, lying southerly of the extension easterly of the north line of said Lot 6 through said Lot 7 to the east line of said Lot 7.) as proposed in Planning Case #04 -23; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on June 22, 2004; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit for a Restaurant as presented to the Planning Commission on the evening of June 22, 2004 and as shown in Planning Case #04 -23. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for a Restaurant for Mendota Heights Road and Enterprise Drive as proposed in Planning Case #04 -23 is hereby approved on the following conditions: The applicant shall submit a lighting plan to the City for review and approval. The lighting plan shall include a photometric plan showing that no light will spill onto neighboring properties, and the proposed hours of lighting. 2. The hours of operation for the restaurant shall be limited to 11:00 am to 10:00 pm from Tuesday to Sunday. The applicant shall be required to return to the City for approval of any changes to these hours of operation. 3. The culinary school shall reserve adequate parking spaces for the exclusive use of restaurant customers. 4. This Conditional Use Permit for a restaurant is being granted for an educational restaurant as part of a larger culinary school. In the event that the culinary school ceases operation, the Conditional Use Permit shall likewise cease. 5. If after the culinary school and restaurant are constructed and in operation, the Council perceives a traffic or safety problem with either pedestrians, bicyclists, or motorists between the new Le Cordon Bleu school building and the main Brown College campus building, Brown College, Le Cordon Bleu, and/or United Properties shall take some responsibility in assisting in paying the cost of any mitigation measures deemed necessary by the Council, including, but not limited to, the installation of a bicycle /pedestrian trail. BE IT F(JRTHER RESOLVED that the Conditional Use Permit for a Restaurant for Mendota Heights Road and Enterprise Drive as proposed in Planning Case #04 -23 under the above conditions would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 6th day of July, 2004. ATTEST: By e" -- Ka een M. Swanson, City Clerk � 1