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Res 2009- 10 Approving Prel Plat for 750 Hwy 110CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 09 -10 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR 750 HIGHWAY 110 WHEREAS, Mr. Ken Henk, on behalf of Mendota Mall Associates, has applied for a Preliminary Planned Unit Development, Preliminary Plat, Rezoning Request, Wetlands Permit and Conditional Use Permit for grading at 750 Highway 110 [see attached legal description] as proposed in Planning Case #08 -11; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on July 22, 2008; and WHEREAS, The Planning Commission recommended that the Council approve the Preliminary Planned Unit Development, Preliminary Plat, Rezoning Request, Wetlands Permit and Conditional Use Permit for grading at 750 Highway 110 as presented to the Planning Commission on the evening of July 22, 2008 and as shown in Planning Case #08 -11; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Preliminary Plat for 750 Highway 110 as proposed in Planning Case #08 -11 is hereby approved with the following conditions. 1. Applicant shall dedicate easements over trunk sanitary lines (30'), sewer lines (30') and water lines (to be determined by St. Paul Water). 2. The Preliminary Plat shall be conditioned upon the approval of the Final Planned Unit Development. 3. Park Dedication — 10% of the land value of unimproved property, as determined by the 2008 Dakota County Assessment. Park dedication is due with the Final PUD and Development Agreement. 4. Applicant shall enter into a Development Agreement with the City and pay all applicable fees and securities. The Development Agreement is subject to the review of the City Attorney and approval of the City Council. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed preliminary plat is consistent with the subdivision ordinance; 2. The proposed uses are consistent with the zoning ordinance for Mixed Use Planned Unit Development; 3. Per the conditions of the Final PUD approval, easements for public facilities including infrastructure and trail will be adequate. 4. This Preliminary Plat is necessary to conduct the site improvements outlined in the Preliminary Planned Unit Development described in planning case 08 -11. Adopted by the City Council of the City of Mendota Heights this 201h day of January, 2009. IINIMN — Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF ME DO A HEIG S By John r y r