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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2002-075 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT STAGE PLAN AND CONDITIONAL USE PERMIT FOR SUNFISH PONDS WHEREAS, at the June 4, 2002 meeting, the Lake Elmo City Council approved the Open Space Concept Plan (dated May 31, 2002) from St. Croix Land/Jed Wier to develop a combined site of 40 acres with 16 single family detached building sites. WHEREAS, the Lake Elmo Planning Commission, at a Public Hearing held August 12, 2002, reviewed and recommended approval of the Open Space Preservation Development Stage Plan and Conditional Use Permit, based on the following finding: 1. That the application complies with the Conditional Use Permit standards of Section 300.06 Subd. 4A. WHEREAS, the Lake Elmo City Council, at its August 20, 2002 meeting, reviewed and approved the Open Space Preservation Development Stage Plan and Conditional Use Permit for "Sunfish Ponds" based on the recommendation of the Lake Eh-no Planning Commission, and based on the following conditions: 1. The applicants' secure a Wetlands Evaluation from a qualified Wetlands Evaluator. The OP Development Stage Plan shall reflect protection of the identified wetlands; and, OP Preserved Open Space calculations shall be adjusted to also reflect the areas of those identified Wetlands. No waiver of the Buildable Area/Preserved Open Space formulas of the zoning ordinance is approved. 2. Compliance with City Engineer recommendations. 3. That the road paving width will not exceed 22 feet. 4. That the roadway bubble adjacent to Lots 3, 4, 5, Block 2 will be removed. 5. That the mature existing trees on the east side will not be distributed. 6. That the first option for the OP easement is to go to the Minnesota Land Trust. In any case, an OP easement is retained by the City.