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Res 1999 - 36 Approving a Conditional Use Permit for Land Reclamation Under Certain Conditions & Building Permit Authorization for a Dakota County HRA Townhome Development on Lexington AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 99-36 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION UNDER CERTAIN CONDITIONS AND BUILDING PERMIT AUTHORIZATION FOR A DAKOTA COUNTY HItA TOWNHOME DEVELOPMENT ON LEXINGTON AVENUE WHEREAS, The Dakota County HR.A has applied for a Rezoning from B1-A to R-3 and a Conditional Use Permit for Land Reclamation for 24-unit townhome development as proposed on plans on file in Planning Case No. 99-13; and WHEREAS, The Planning Commission of the City of Mendota Heights discussed this application at their regular meetings on Apri127, 1999 and May 25, 1999; and WHEREAS, There was no one present to comment at the public hearing on this application at either Planning Commission meeting, and WHEREAS, The Planning Commission voted 6-0 (with one Commissioner absent) on May 25, 1999 to recommend that the City Council approve this application, NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for Land Reclamation for 24-unit townhome development as proposed on plans on file in Planning Case No. 99-13 and building permit authorization is hereby approved under the following conditions: 1. All R-3 zoning requirements are met. 2. A trail easement document prepared by the City is signed by the HRA. 3. The sidewalks and play areas are installed at the time the units are constructed. 4. The grading, drainage and utility plans are approved by the City Engineer. 5. A development agreement between the City and the developer is executed to detail all of the conditions of the site and building plan approval, including but not limited to the use of steel siding on all residential buildings, shutters on the windows of the buildings, landscaping in the central parking area, and the provision of $18,000 in park dedication. 6. The land reclamation plan meets all ordinance requirements. 7. The land reclamation plan is approved by the City Engineer. 8. The HRA considers crime prevention through environmental design (CEPTED) 9. The HRA submits a replat showing all units, and access easements if deemed necessary by the City Attorney, for approval by the City Attorney and said replat is filed with the Dakota Couniy recorder's office. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that neither the Conditional Use Permit nor the building permit shall expire before December 31, 2000 in order to provide the applicant time to complete the project during the year 2000. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that this approved Conditional Use Permit for Land Reclamation for 24-unit townhome development as proposed on plans on file in Planning Case No. 99-13 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, 1999. ATTEST: By Ka een M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By �,.� � li�J•�►-�--� Charles E. Mertensotto, Mayor