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O'NEIL PROPERTY PLANNED UNIT DEVELOPMENT which are to be preserved so construction activity does not damage the trees or their root systems, and die off from construction disturbance does not occur. The type of fencing and its placement shall be approved by the City Forester prior to issuance of any grading or building permits. The property owner and/or developer shall be responsible for maintaining the fencing in good repair throughout construction and for assuring construction activity and the parking of equipment is kept out of these areas. 9. Buffer Area; Screening Fence A critical element in the approval of this PUD is the preservation of a buffer area at least 50 feet deep along County Road H2. No construction of any buildings, paving, or other improvements, other than installation of utility lines, landscaping and berming, shall be permitted in this area. The specific treatment to be used in the buffer area shall be as shown on the approved development stage plan . Areas used for installation of utility lines shall be revegetated in accordance with the approved landscaping plan. The existing tree cover to be retained shall be preserved as provided in #8. No pedestrian or vehicular access shall be permitted through this buffer area. A screening fence shall be installed along County Road H2 (as shown on the development stage plan) and tied off at each end to prevent pedestrian traffic from the PUD development off the site. The fence shall be opaque and at least six feet in height. The area shown for office buildings may be graded and seeded until such time as the office buildings are developed, 10. Landscaping; Highway 10 Design Theme A detailed landscaping plan showing species, numbers and sizes of all plant materials has been provided as part of the development stage plan. The overall character of the landscape plan shall preserve the forested feel of the site, with allowance made for visibility of the PUD development from Highway 10. Prior to approval of permits for any O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 4 OF 9 building construction, the property owner shall grant an easement to the City for 15 feet in width along the Highway 10 frontage for use in implementing a Highway 10 design theme, as provided in Section 21. The property owner and/or developer shall incorporate landscaping materials necessary to implement the design theme selected for the Highway 10 frontage, if such a theme has been selected at the time building permits are requested. If a theme is selected subsequent to that time, the easement shall allow the City or City's agent to implement this design theme, The design improvements shall not unreasonably obstruct the visibility of the PUD development from Highway 10. During the lifetime of the PUD development, the property owner shall be responsible for the replacement of any dead or dying plant materials, and shall maintain the landscaping through regular watering, mowing, mulching, feeding, weeding and pruning. 11. Wetland; Wetland Buffer Area The wetland on the O'Neil property is protected by the Minnesota Department of Natural Resources (#171 W). No construction is permitted in the wetland, at or below an elevation of 895.8 feet or as determined by a wetland delineation study accepted by the Department of Natural Resources and the Rice Creek Watershed District. Construction in the wetland buffer area is anticipated as shown in the development stage plan, and will include water quality ponds (NURP ponds) and a portion of the theater, restaurant, and retail buildings, trash enclosures and parking areas. The detailed location of these improvements shall be established at the development plan stage. The property owner and/or developer shall obtain approval of a wetland alteration permit from the City for these encroachments into the buffer area prior to issuance of any building and grading permits. A minimum 10 foot wide natural buffer easement shall be provided adjacent to the wetland. 12. Drainage The approval of this PUD includes approval of a preliminary drainage MOUNDS VIEW PLANNING CASE N0.517-98/471-97 EXHIBIT 1 OF RESOLUTION NO, 544-99 APPROVED BY THE MOUNDS VIEW PLANNING COMMISSION ON 4/15/98