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Res 2009- 29 Approving Final Plat for 750 Hwy 110CITY OF 1 1! HEIGHTS DAKOTA ! UNTY, MINNESO RESOLUTION 09 -29 RESOLUTION . ! 1 1 it PLANNED DEVELOPMIENT AND FINAL PLAT OF 1 1! PLAZA EXPANSION 1' 750 HIGHWAY 0 WHEREAS, Mr. Ken Henk, on behalf of Mendota Mall Associates, has applied for a Final Development Plan for a Planned Unit Development and Final Plat for 750 Highway 110 [see attached legal description] as proposed in Planning Case #08 -11; and WHEREAS, the City Council at their regular meeting on January 20, 2009 approved an application from Mendota Mall Associates, LLC for a Preliminary PUD, Preliminary Plat, Wetlands Permit and Conditional Use Permit for grading for Mendota Plaza Expansion (Planning Case #08 -11); and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a PUD Final Development Plan and Final Plat, for Mendota Plaza Expansion as proposed in Planning Case #08 -11 is hereby approved with the following condition: 1. The applicant and the City shall enter into a Development Agreement for the property prior to any final approvals for the project. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed Mendota Plaza Expansion is consistent with the intent of the MU -PUD District. 2. The proposed land use is consistent with the Comprehensive Plan. 3. The proposed project utilizes the Planned Unit Development (PUD) zoning flexibility to enhance the development of the property by placing units in areas that will minimize impacts on adjoining land uses. 4. The proposed project is consistent with the requirements of the PUD section of the City's zoning ordinance. 5. The flexibility requested by the applicant for the subject PUD will not result in negative impacts on neighboring property or land uses. 6. The proposed plan has been designed to minimize impacts on the wetland areas and the vegetation adjoining the wetland areas. 7. The trail connections proposed in the plan will facilitate recreational opportunities in this portion of the community. BE IT FURTHER RESOLVED that the Planned Unit Development Final Development Plan and Final Plat for Mendota Plaza Expansion as proposed in Planning Case #08 -11 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. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Development Agreement with Mendota Mall Associates, LLC. Adopted by the City Council of the City of Mendota Heights this 21s day of April, 2009. ATTEST: •/ M I By �_�_ By — Kath en M. Swanson, City Clerk John