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<br />I <br />I. <br />I <br />I <br />I <br />I <br />I <br />I <br />. <br />.e <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />Ie <br />I <br /> <br />.MJ)EN HIlLS CITY COUNCIL - SEPTEMBER 11, 1995 <br /> <br />3 <br /> <br />Mr. Ringwald noted the City is required, within five days of mRking its decision on the adequacy <br />of the EA W, to notify all persons on the EA W distribution list, all persons who provided written <br />comments during the 30 day public comment period, and to any other person upon written request. <br /> <br />Mr. Ringwald indicated staff concludes that the development proposal, as modified by its <br />recommendations is consistent with the Comprehensive Plan and City Code. <br /> <br />Mr. Ringwald indicated staff concludes, and the developer has agreed to the following: a) that the <br />development proposal should comply with the intent of the City Shoreland Management and <br />Floodplain regulations, even though the development project is not located in the shoreland area or <br />in a floodplain; b) to comply with certain tree and vegetation preservation measures, even though <br />the City has no tree protection ordinance; c) to provide a butTer adjacent to the wetlands which will <br />be protected by a conservation easement; d) to receive approval of and comply with the required <br />permits from the Rice Creek Watershed District, Department of Natural Resources and Minnesota <br />Pollution Control Agency. He noted the development proposal has received the necessary <br />nationwide permit from the US Army Corps of Engineers. <br /> <br />Mr. Ringwald pointed out the project in this development proposal is a one-time effect. In general, <br />the construction of residential units is considered to be a non-reversible effect Given that, the rules <br />and regulations which govem residential construction are geared towards prevention and mitigation <br />of those effects during the design and approval process, rather than reversing them through time. <br /> <br />Mr. Ringwald noted there are currently no anticipated future development projects which are <br />associated to this development proposal. The previously described prevention and mitigation <br />measures have been established to minimi7e the long term or cumulative effects of this 16 unit <br />residential project. <br /> <br />Mr. Ringwald reported the ongoing public regulatory authority over the project is limited to those <br />agencies who the developer is required to receive approval from prior to commencement of the <br />project. The approval of and compliance with the permit requirements of these agencies will be a <br />condition of the Planned Unit Development. <br /> <br />Mr. Ringwald explained the 16 unit residential project in this development proposal is subject to a <br />myriad of ongoing public regulations which have been designed to mitigate the environmental <br />effects of these types of projects. He noted the proposed conditions of approval for this PUD, as <br />recommended by staff and agreed to by the developer, would prohibit future modification to this <br />development proposal without further public input and City Council approval. <br /> <br />Mr. Ringwald reported the rules and regulations which apply to this development are based on well <br />established practices by the reviewing agencies to prevent and mitigate the anticipated effects of the <br />development activity. <br />