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Res 1990 - 10 Approving a Conditional Use Permit for a Planned Unit Development & Preliminary Plat to Allow Duffy Development Company to Construct Lexington Plaza Business Development Located at the SE Corner of Lexington Ave & Hwy 110m City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90-1b RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT TO ALLOW DUFFY DEVELOPMENT COMPANY TO CONSTRUCT LEXINGTON PLAZA BUSINESS DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF LEXINGTON AVENUE AND TRUNK HIGHWAY 110 WHEREAS, the Lexington Plaza proposal has been the subject of numerous public hearings at the Planning Commission and City Council levels with adequate public input; and WHEREAS, at their September 5, 1989 meeting City Council approved in concept the Lexington Plaza plans presented that evening dated September 5, 1989 and directed staff to prepare a resolution approving the Planned Unit Development and incorporation all the details and concerns addressed at the City Council hearing and in the staff and Planning Commission reports. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that the City does hereby formally approve a conditional use permit for a planned unit development and preliminary plat for the Lexington Plaza Development subject to the following conditions: 1. The signing of a Developer's Agreement in a form and sub- stance acceptable to the City Council. That agreement to include a covenant preventing the removal of the screening wall and evergreens located along Mary Adele Avenue until three years after the construction of the replacement berm and evergreens. 2. A 4.41 acre variance from the minimum PLanned Unit Develop- ment size of 10 acres. 3. A fifteen (15) foot rear yard setback variance. 4. A fourteen (14) foot parking lot setback variance. 5. Thirty (30) foot pylon sign setback variance for the two pylon signs. 6. Application by Developers for the rezoning of the Ethan Allen site, 1044 Highway 110 from B-3 to B-2, and inclusion within the Lexington Plaza Planned Unit Development. The City agrees to allow a use variance for a furniture store, or a garden supply store, provied it is conducted entirely within an enclosed structure. 7. That a convenience store/gas station be permitted as pro- posed, subject tot he limitations that the area not exceed fifteen percent (15%) of the total center capacity and that there be no more than six pumps (12 fueling positions). The City grants a 30 foot setback variance for convenience store/gas station [18.2(2)6b]. � .� � 8. That the proposed furniture store, minor auto repair, drive- in bank, interior decoration studio, picture framing, dra- pery shop, floor covering store, photographic store, nutri- tional counseling store, locksmith, medical and dental clinic, be allowed as use variance [19.2(6)]. Said uses not to exceed the following percentages of the total center `-'�:� size: Furniture store: Fifty percent (50%); Minor Auto: Ten percent (10%); Drive-in Bank: Ten percent (10%). 9. Final review of all engineering details by the Engineering Department. 10. Final review of building plans and specifications, grading and landscaping plans, and lighting and signage plans, by the City staff including the City Planner. Adopted by the City Council of the City of Mendota Heights this 6th day of March, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS , _�_�--- By : ��'V o n rtmann, Acting Mayor ATTEST: � �, thleen M. Swanson, City Clerk