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Res 2017- 52 CUP Amending PUD The PlazaCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-52 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT — FINAL DEVELOPMENT PLAN LOCATED AT 796-820 HIGHWAY 110 WHEREAS, Mendota Mall Associates, LLC (Paster Properties) has applied for a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development (PUD) — Final Development Plan, as proposed under Planning Case 2017-12, for the property located at 796-820 Highway 110, and legally described in Exhibit A; and WHEREAS, the conditional use permit to amend the PUD as presented herein would facilitate the construction of a new 17,000 sq. ft. office building for Gemini Medical; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regulax meeting of June 27, 2017, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended approval (by 6-0 vote) of the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, with certain findings of fact and conditions of approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit to amend 2009 Mendota Plaza Planned Unit Development (PUD) — Final Development Plan as proposed under Planning Case 2017-12, is hereby approved with the following findings of fact: A. The proposed amendment to a Planned Unit Development Final Development Plan is consistent with the Comprehensive Plan and applicable City Code requirements for such a development. B. The proposed project utilizes the planned unit development (PUD) zoning flexibility to enhance development of the property without negatively impacting surrounding land uses and natural resources. C. Approval and construction of the proposed 17,000 sq. ft. office fulfills the intended and planned development of this lot with an "office building" type use. D. This office development helps sustains and supports the ongoing financial success of the overall Mendota Plaza development; ensures the continued economic benefits to the community by adding another level of commercial property to the tax rolls; and provides another important employment base and opportunity for the community. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, as proposed under Planning Case 2017-12, is hereby approved with the following conditions: 1. The Applicant or Owners shall draft appropriate amendments to the existing Development Agreement required by approval of the proposed project, to be reviewed for substance and content by the City Attorney, and approved by the City Council. 2. Rooftop mechanical units shall be of a low profile variety and must be screened from public view. All ground-level meters, junction boxes, and mechanical utilities shall be screened with either decorative building materials or natural, year round vegetation screening measures, to be reviewed by the Planning Department and verified as part of the building permit review process. 3. Plant material shall be utilized as a screening element for building utility areas, but shall not obstruct fire department connections or hydrants, which must be reviewed by the Planning and Fire Departments, and verified as part of the building permit review process. 4. As an alternative to sod, portions of the westerly sloped area of the subject site should be planted with sedge grasses, native plantings or pollinator friendly plantings (or combination thereo�. 5. All trees and landscaped areas, including parking lot islands shall be maintained with an underground irrigation/sprinkler system. 6. The loading service bay area along the south edge of the building shall be screened from public view and roadways. Natural materials are recommended; and the screen shall achieve 75% opaciiy year round. 7. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half (11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 8. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 9. Should this site experience larger than expected parking demands, or if the city receives numerous complaints from neighboring property owners of illegal parking on the access road or local streets, the Owners shall agree to install the "proof of parking" as shown on said plans, per City directive. Res 2017-52 page 2 10. A final Lighting Plan shall be submitted at time of building permit review that includes all new proposed building lighting, parking lot lighting, and full details and specifications of luminaire and light heads. 11. The Applicant (Gemini Medical) and the current property owners (Mendota Mall Associates, LLP) must acknowledge the existing retaining wall encroachment near the northwest corner of the subject site, and provide for the ownership and maintenance responsibilities of such wall under the amended Development Agreement. 12. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards, including written approval of the design layout prior to final City Council approval. 13. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 14. The radiuses of the parking lot entrances and parking aisles shall be such that fire truck turning movements are unimpeded, to be reviewed and approved by the Fire Department. 15 16. 17 The underground storm water structure shall support fire equipment weight if required to be driven over by a fire truck. All applicable fire and building codes, as adopted/amended by the City, shall apply and the building shall be fully-protected by an automatic fire sprinkler system. Building and grading permits shall be obtained from the City prior to construction commencement. Adopted by the City Council of the City of Mendota Heights this St" day of July, 2017. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Y��� vU ' Neil Garlock, Mayor Res 2017-52 page 3 EXHIBIT A Legal Descriptions PID 27-48401-01-080 Lot 8, Block l, Mendota Plaza Expansion, Dakota County, Minnesota Res 2017-52 page 4 Receipt:# 528551 COND $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS MN 55118 3223908 IIIII (III) IIIII IIIII IIII) IIIII IIIII IIII IIII Recorded on: 11/20/2017 9:53 AM By: AS, Deputy Office of the County Recorder Dakota County, Minnesota Joel T. Beckman, County Recorder ���it � � — �i