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<br />5. <br /> <br />Site plan approval shall be granted to <br />a particular phase of the Project, or <br />amendment thereto, only if the City <br />Council finds that the proposed site <br />plan is consistent with the terms and <br />conditions of this Conditional Use <br />Permit, the PUD Agreement (including <br />all plans incorporated therein), and <br />the Developers Agreement. <br /> <br />e <br /> <br />6. The City Council may, when approving <br />individual site plans, impose such <br />conditions as it shall deem necessary <br />to ensure that the Project complies <br />with the requirements of this <br />Conditional Use Permit approval and <br />the City Code of Ordinances. <br /> <br />E. Special Conditions. <br /> <br />2. <br /> <br />1. The Conditional Use Permit for the <br />Project is contingent upon preliminary <br />and final plat being approved by the <br />City Council. <br /> <br />A security fence shall be provided <br />around all storm drainage ponds as <br />determined by the City Council to <br />provide for public safety. <br /> <br />e <br /> <br />3. The appropriate permits shall be <br />obtained from the Minnesota Department <br />of Transportation authorizing the <br />necessary grading and improvements for <br />right-in/right-out access off <br />Highway 169. <br /> <br />4. All storm drainage ponds shall be <br />designed in accordance with the Best <br />Management Practice guidelines. This <br />calls for a 4:1 side slopes above the <br />static water level with a bench area <br />of approximately 10:1 at the water <br />level and 3:1 beneath the standing <br />water level. <br /> <br />5. <br /> <br />The Developer shall indemnify and hold <br />the City harmless from any claim from <br />the owner or operator of the Burger <br />King facility located at Highway 169 <br />and School Street related to loss of <br />access due to a median being <br />constructed down the middle of School <br />Street. <br /> <br />e <br /> <br />14. <br />