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Ord 302 Amend Critical Area Overlay DistrictCITY OFMENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE No. 302 AN ORDINANCE AMENDING ORDINANCE NO. 403 The City Council of the City of Mendota Heights does hereby ordain as follows: SECTION 1 Ordinance No. 403. known and referred to as "Mendota Heights Critical Area Overlay District Ordinance,, is hereby amended in the following respects: Section 2.3.0 is hereby amended in its entirety so that as amended it shall read as follows: C. Modifications. In the case of a minor development and/or change invovling a single family dwelling, and if the site plans conform to the standards of the Critical Area Overlay District Ordinance, the City Administrator shall bring the request to the attention of the City Council at its next regular meeting following receipt of an application for Critical Area Ordinance consideration. The City Council shall review such request and may, if it so determines, exempt the applicant from complying with any inappropriate requirements of this Ordinance. 1. Exceptions a. Movement of earth, by grading, which results in a cut or fill in excess of five feet (51) at any point on the subject property. b. When development of the property will result in the substantial alteration of grade or removal of natural vegetation, trees, shrubs, rock outcroppings, water course, or scenic amenities. Section 1AG is hereby amended in its entirety so that as amended it shall read as follows: 1.4G Substantial Alteration - Earth work that involves 100 or more bank (in situ) cubic yards of fill materials for the excavation, filling, grading, shaping, moving, soil correction, or general soil disruptions for the purpose of making improvements to the property or facilitating development of the property is allowed, with review by the Planning Commission and City Council, found to be in keeping with the goals, policies, and general intent of the City, and found to be in compliance with all applicable City, County, State or Federal regulations. Earth work that involves less than 100 bank (in situ) cubic yards for excavation, filling, grading, shaping, moving, or general soil disruption is allowed by the City, with review by the City Council, only when all work is performed consistent with City goals and policies. Bank material are those soils found in their natural undisturbed condition. Section 1.4H should be added to those definitions listed in Section 1.4 so that as added it reads as follows: I h. Vegetation - All plant growth including trees, shrubs, mosses, and grasses. Section 2.5A should be amended in its entirety so that as amended it shall read as follows: a. No development shall be permitted on slopes between twelve percent (120) and forty percent (400) or below the bluffline to the Mississippi River unless the applicant shall prove that the following conditions are met. SECTION 2 This Ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an Ordinance this 21st day of February, 1995. 0 ka-thleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS �4; P M-1 A Charles E. Mertensotto