Res 1995 - 07 Approving a Conditional Use Permit for a Planned Unit Development for Mendota Meadows�
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 95-0 7
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED
LJNIT DEVELOPMENT FOR MENDOTA MEADOWS
WHEREAS, Mr. John Mathern, Mendota Homes, has applied for a Conditional Use
Pernut for a Planned Unit Development to allow for construction of a thirty-six (36) unit
townhouse project together with a day care facility; and
WHEREAS, the Mendota Heights Planning Commission conducted the required public
hearings to consider Mr. Mathern's proposal at their August 23, 1994, September 27, 1994 and
October 25, 1994 meetings; and
WHEREAS, based upon concerns for the public health, safety and welfaze and the
following specific requests:
It fails to meet the impervious surface requirements of Section 22 and in fact
exceeds them by 20 percent (22.1B).
2. It fails to meet the density requirements of Section 22 utilizing for that purpose
the calculation process of Section 22.3(3) and applying the MR-PUD requirement
of not more than four units per calculated acre.
3. Even assuming that a variance from the impervious surface requirements and/or
the density requirements of Section 22 was permitted, the applicant has presented
no evidence of hardship and in fact has advised the Planning Commission that his
failure to meet those requirements is entirely for the economic advantage of
additional units which Ordinance clearly indicates is not a justification for
variance.
4. It is the fmding of the Planning Commission based on the evidence before it that
the traffic generated by a proposed day care center to serve 117 children and the
pro�cimiiy of its entrance to Trunk Highway 149 is inconsistent with the
maintenance of public safety and health at the intersection of Mendota Heights
Road and Dodd Road, and in fact increases a public safety problem.
5. There is a clear lack of any hard evidence before the Planning Commission to
support the requirement of Section 22 that adequate funding is available to the
applicants to complete the project.
the Planning Commission voted unanimously to recommend denial of the request; and
WHEREAS, the City Council at its November 15, 1994 meeting based upon the
Planning Commission's recommendation, voted to deny Mr. Mathern's request, but allow him to
make a new revised application directly to the City Council that would remove the Day Care
facility; and
Wi�REAS, Mr. Mathern has now submitted a modified plan that eliminates the Day
Care facility and meets the City's impervious surface requirements and density requirements; and
WHEREAS, this final plan is an effective and unified treatment of the development
possibilities and preserves the unique natural amenities of the azea; and
WHEREAS, this final plan has been designed to harmonize with the surrounding
adj acent area; and
WHEREAS, appropriate financing is available to assure completion of the plan.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota
Heights grant a Conditional Use Permit for a Planned Unit Development for Mendota. Meadows
according to the plans submitted and dated 7-28-94, as revised on 8-4-94, 9-9-94, 10-11-94, 11-
11-94, 11-23-94, 12-20-94 and 1-6-95, with the following condition:
Subject to approval of the terms and conditions within the Developer's Agreement
for this project.
Adopted by the City Council of the City of Mendota Heights this 17th day of January, 1995.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �� �r �f�c.r.`�.-C�'
Chazles E. Mertensotto, Mayor
ATTEST:
���
athleen M. Swanson, City Clerk