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Approved November 15, 2005 j responded that the post office has pulled in their own architects for the interior of the building. Zisla asked Fernelius why the city is requiring a Declaration of Covenants and Deed Restrictions to insure buildings and respected land use concepts if the PUD is providing those restrictions. This will create dual coverage which may be difficult to change if the city decides to change or get rid of the PUD and/or the owner of the property changes. Fernelius replied that the Declaration of Covenants is the mechanism to record the PUD. Zisla voiced his objection over the dual coverage and directed staff to check with the City Attorney to see if there is a different way to record the PUD. O'Keefe inquired if the City had looked at the traffic flow of having a post office located in the development. Nordes replied that because the proposed post office is the retail portion only that there would be less traffic than the current post office which is the retail and annex center. Fernelius also stated that the City has been aware of the possibility of the post office located within the development and is comfortable with the traffic flow. Motion by Schiferl, Second by O'Keefe to CLOSE THE PUBLIC HEARING. 5 Ayes, 0 Nays, MOTION CARRIED. TO MOVE THE PROPOSED RESOLUTION FOR APPLICATION GP05-01 with the FOLLOWING AMENDMENTS TO NOW READ AS FOLLOWING: 1. Item six under the Findings of Fact and under one of Conditions of Approval: The proposed change for building D is to allow at retail/post office land use and to continue a plaza/courtyard function for community events. 2. For Resolved, under four: The final site plans submitted for building D (post office and court yard/plaza) for review and approval by the City Council. 3. Under the Covenants and Deed Restrictions: amend paragraph five to read Declaration of Covenants and Restrictions. 4. Finding of Fact number three should be inserted into the Condition of Approval. After additional discussion by the Commission and Staff there was a Motion by Schiferl, Second by O'Keefe to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF GP05-01 with the above amendments and following conditions: 1. Final Site Plans are submitted for Building D (post office) for review and approval by the City Council. 2. A Declaration of Covenants and Deed Restrictions is reviewed and approved by the City Planner and the City Attorney for Building D and Building E (Block 1, Lots X and Y, Main Street Village Addition to New Brighton) and filed with Ramsey County. 3. The developer shall be required to have at least 50% of the floor area for Building E for food service and restaurant use. I:\COMMISSIONS\PLANNING\Minutes\2005\10-18-2005.doc