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Res 2016- 29 CUP, CAP Sibley Propane PlantCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-29 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND CRITICAL AREA PERMIT FOR THE SIBLEY PROPANE PLANT WHEREAS, Xcel Energy, on behalf of the property owner, has applied for a conditional use permit for the existing use and a critical area permit for improvements to an existing structure at the Sibley Propane Plant as proposed in Planning Case 2016-06 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on March 22, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit and critical area permit requests as proposed in Planning Case 2016- 06 are hereby approved with the following findings of fact: 1. The existing use pre -dates the current City Code and development of the surrounding residential uses. 2. The existing natural vegetative/landscape buffers and fencing provide adequate screening without compromising site security. 3. The existing use meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 4. There are no proposed grading activities or vegetation removal and the existing structure will not be expanded in size or height. 5. The proposed project meets the purpose and intent of the Critical Area Overlay District Chapter of the City Code. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit and critical area permit requests as proposed in Planning Case 2016-06 are hereby approved with the following conditions: 1. Future improvements on the subject property that expand, alter, or otherwise change the existing use or site conditions in any manner shall require an amendment to the conditional use permit, including a critical area permit if applicable. 2. All applicable permits are obtained from the City prior to construction of the proposed project. Adopted by the City Council of the City of Mendota Heights this fifth day of April, 2016. CITY COUNCIL CITY -OF NNDOTA HEIGHTS Sandra Krebsbaeh; T41ayor ATTEST: Lorri Smith, City Clerk EXHIBIT A Legal Description PID: 27-01400-75-011 SECTION 14 TWN 28 RANGE 23 ALL OF GOVT LOT 6 S OF SIBLEY MEM HGWY EX E 945 FT PID: 27-02300-02-013 SECTION 23 TWN 28 RANGE 23 PT OF NE 1/4 & OF GOVT LOTS 2 & 8 BEGS LINE OF NE 1/4 OF NE 1/4 945FT W OF E LINE S 280.6FT W 414.7FT DEF NW 26D10M 266.5FT R 13D29M 149.7FT R 46D12M 44.7FT TO N 1/4 1/4 LINE W 279.2FT TO W LINE OF E 40RDS OF GOVT LOT 2 N 40RDS E 40RDS N TO NE COR GL 2 (BEING NW COR OF NE 1/4 OF NE 1/4) E 375 FT S TO BEG EX 3.18ACS FOR HGWY EX SOFT X SOFT TRACT KNOWN AS ELECTRIC NO 1931 EX PARCEL 27-02300-014-02 Res 2016-29 page 2 Receipt:# 489106 COND $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS MN 55118 liQes Zo1G,- 2.9 3183622 11111111111111119iIWIiiiP��411 Recorded on 3/24 2017 9:13 AM By: DDW, Deputy Office of the County Recorder Dakota County, Minnesota Joel T Beckman, County Recorder