Res 2004- 19 Approving Wetlands Permit, CUP @Hwy 13 and Hwy 55CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04 -19
A RESOLUTION APPROVING A
WETLANDS PERMIT, PRELIMINARY PLAT,
CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT,
AND FOR A RESIDENTIAL -STYLE OFFICE DEVELOPMENT
AT THE SOUTHWEST CORNER OF HIGHWAY 13 AND HIGHWAY 55
WHEREAS, Klingelhutz Development Company has applied for a Conditional
Use Permit for a Planned Unit Development, Preliminary Plat and Wetlands Permit, for
Individually -Owned Town Office Buildings in the vicinity of the Southwest Corner of
Highway 13 and Highway 55 (see attached legal descriptions) as proposed in Planning
Case #04 -05; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on February 24, 2004, and;
WHEREAS, The Planning Commission voted 4 -2 to approve this application
under certain conditions enumerated below;
( ) NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit for a Planned Unit Development,
Preliminary Plat, Wetlands Permit, for Individually -Owned Town Office Buildings for
the Southwest Corner of Highway 13 and Highway 55 as proposed in Planning Case #04-
05 is hereby approved.
BE IT FURTHER RESOLVED, by the City Council of the City of Mendota
Heights that the above approval is based on the following conditions:
1. The City finds that the proposed project fulfills the purpose of planned unit
development by providing a higher quality project than that which would otherwise
be achieved through conventional zoning.
2. The City shall use its best efforts to acquire the excess MnDOT right -of -way, north of
the proposed project site. If the City is successful in acquiring this property, provided
the applicant is in compliance with all terms of the City's approval and the
Development Agreement to be executed between the City and the applicant, the City
shall give the applicant the first opportunity to purchase the land from the City in an
amount equal to all costs incurred by the City in acquiring the property and such
property shall be legally combined with the southerly parcel as a condition of the
approval of Phase 1 of the project.
15. The applicant shall incorporate comments and recommendations of the City
Engineer regarding the Approval of a Wetlands Permit.
16. Two more handicapped spaces shall be added to the seven spaces shown on the plan
presented to the Planning Commission on the evening of February 24, 2004, for a
total of nine handicapped parking spaces. The location, design, and access to these
spaces shall be in accordance with applicable state and/or federal law.
17. The Developer shall make diligent efforts to effect the tumb ack of the north end of
Waters Drive from the state to the City of Mendota Heights, in order for the City to
vacate said portion of the street for Phase lI of the Development.
18. The Developer shall return to a regularly scheduled Council meeting for approval of
the Final Development Plan and Final Plat of Phase I of this Planned Unit
Development. Similarly, the Developer shall also return to a regularly scheduled
Planning Commission meeting and Council meeting for approval of the Preliminary
Development Plan of Phase II of this Planned Unit Development.
19. This approval is conditional upon, the Developer and the City shall execute a
Development Agreement covering items including, but not necessarily limited, to, the
fulfillment of the above conditions, the payment of monetary park dedication, the
dedication of any public streets or easements as required by the City Engineering
Department, and the installation of and payment for all public improvements.
BE IT FURTHER RESOLVED that the Conditional Use Permit for a Planned
Unit Development, Preliminary Plat and Wetlands Permit for Individually -Owned Town
Office Buildings for the Southwest Corner of Highway 13 and Highway 55 as proposed
in Planning Case #04 -05 under the above conditions would not have an adverse impact
on the health, safety, and general welfare of the citizens of the community and the
surrounding land, and would not be adverse to the general purpose and intent of the
Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
This 16th day of March, 2004.
ATTEST:
CITY COUNCIL
CITY OT-MENDOTA HEIGHTS
By By
Kathl en M. Swanson, City Clerk Jol