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Res 2009- 08 Approving Wetlands Permit for 750 Hwy 110CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 09 -08 A RESOLUTION APPROVING A WETLANDS PERMIT 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 408 -11; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Wetlands Permit for 750 Highway 110 as proposed in Planning Case #08 -11 is hereby approved with the following conditions. 1. The Wetlands Permit shall be conditioned upon the review of the MN Wetland Conservation Act Permit Application. 2. The Wetlands Permit shall be conditioned upon the approval of the Final Planned Unit Development. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed treatment of the existing wetland is consistent with the character and use of the site and neighborhood, and will not negatively impact public health, safety and welfare. 2. The proposed application is consistent with the intent of the Wetlands Ordinance, which is to provide for the protection, preservation and maintenance of water resource related areas and to minimize the disturbance which may result from land alterations. 3. This Wetlands Permit 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 20th day of January, 2009. ATTEST: CITY COUNCIL CITY OF MEWVTA 11E,IGHTS By 1.P_,Q._ a By — Kath1 en M. Swanson, City Cleric John H