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Res 2018- 22 CUP and Wetlands Permits McDonald's 2020 Dodd RoadReceipt:# 551768 COND $46.00 Return to: SIMPLIFILE 4844 NORTH 300 W #202 PROVO UT 84604 11 11 1 1 3248772 1 11 1 11 11 1 1 Recorded on: 5/4/20 8 2:07 PM By: TMB, Deputy Office of the County Recorder Dakota County, Minnesota Joel T Beckman, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-22 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR McDONALD'S PROPERTY LOCATED AT 2020 DODD ROAD (PLANNING CASE NO. 2018-05) WHEREAS, Landform, acting on behalf of McDonald's USA, LLC (the "Applicants") have applied for a Conditional Use Permit and Wetlands Permit, as proposed under Planning Case No. 2018-05, for the McDonald's restaurant property located at 2020 Dodd Road, and legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as MU - PUD (Mixed Use—Planned Unit Development); is zoned B-4 Shopping Center District; and located adjacent to an established wetland or water feature according to the city's Wetlands Map; and WHEREAS, Section 12 -1F -5-F of the City Code allows "drive-in and fast food restaurants" as a conditional use under the B-4 Shopping Center District, with Section 12-1D-13- 4 providing additional requirements related to such uses; and WHEREAS, Section 12-2-6 of the City Code requires a wetlands permit for any work conducted within 100 -ft. of an adjacent wetland or recognized water feature; and WHEREAS, the Applicants seek permission to remodel the exterior and interior building materials and elements of the existing fast-food restaurant facility, provide a small building addition, and modify/re-stripe the parking areas; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this planning item at the regular meeting of February 27, 2018, whereby a planning staff report was presented and received by the commission, comments from the Applicant and general public were received and noted for the record, and upon closing the hearing, the Planning Commission recommended unanimous approval of the critical area permit and wetlands permit requests for the property located at 2020 Dodd Road, with certain findings of fact and conditions as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the requested Conditional Use Permit and Wetlands Permit, as proposed under Planning Case No. 2018-05 for the McDonald's restaurant property located at 2020 Dodd Road, is hereby approved with the following findings of fact: 1. Although the Subject Property falls under the general standards and rules of the B- 4 Shopping Center District, the City of Mendota Heights recognizes, acknowledges and accepts the continued use of this fast food restaurant use, and further determined this use to be an acceptable and allowable use to continue under this remodeling plan, along with the following statements of support: a. this project will enhances the overall appearance of the restaurant building and property; b. McDonald's intends to leave intact most of the existing impervious surfaces, which should help stoiniwater management and improve drainage in this commercial area; c. sustains and supports the growth of an existing, historical and successful local business operating since 1978; and d. addresses several existing legal non -conformities. 2. Additional plantings will be installed to provide an effective screening measures. 3. No part of the existing parking lot is planned for expansion, and no part of the adjacent wetland feature will be impacted or affected under this project. 4. The proposed project is compliant with the standards for granting a conditional use permit and wetlands pellnit, and can be considered consistent with the Comprehensive Plan, including (but not limited to): a. Enhance and protect the natural and living environment (ref. — no impact to the Wetlands); b. Support industrial and commercial developments in designated areas. 5. The proposed project is designed to minimize or cause no impacts to the adjacent wetland areas, and is therefore compliant with the standards for a wetlands permit. 6. The proposed exterior treatments of the building are deemed appropriate and acceptable. 7. The existing parking on the Subject Property site of 61 parking spaces is recognized as a legal non -conformity. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit and Wetlands Permit, as proposed under Planning Case No. 2018-05, for the McDonald's restaurant property located at 2020 Dodd Road, is hereby approved with the following conditions: 1. Building and grading permits shall be issued prior to and construction of the proposed project. 2. The proposed trash/recycling container enclosure structure shall be repainted to match the new exterior colors of the restaurant building. Res 2018-22 page 2 3. In order to facilitate a reduction of impervious surface and assist with storm water runoff drainage and treatment; and to recognize and acknowledge the legal, non- conforming status of this fast-food restaurant use on this site since 1978, a two foot (2') reduction in the codified depth dimension of parking stalls is allowed for stalls that abut 90 -degrees to a curb or walkway, and the subject site is allowed to provide and continue to operate with only 61 parking spaces. 4. All ground level and rooftop mechanical utilities, other than low profile rooftop units, shall be completely screened with materials used in the construction of the principal structure, an approved screening device and/or landscaping material that provides at a minimum of 90% or more opacity. 5. A complete and detailed landscaping plan must be submitted to the City for review and approval as part of the new building permit process. City staff shall approve said plan to ensure compliance with applicable City Code provisions. 6. A final Sign Package/Plan shall be submitted for review to the city prior to the issuance of any sign permit or installation of any new signs on the subject site. 7. All new Lighting shall be subject to the standards stated in Section 12-1I-15 of the Zoning Ordinance. 8. 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. 9. The property shall comply with the applicable commercial property maintenance standards, as required by City Code. Adopted by the City Council of the City of Mendota Heights this 6th day of March, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS cwt Gu C Neil Garlock, Mayor Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2018-22 page 3 EXHIBIT A Legal Description McDonald's — 2020 Dodd Road, Mendota Heights, MN 55120 PID# 27-48400-01-010 LOT 1, BLOCK 1, MENDOTA PLAZA, CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA Res 2018-22 page 4 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) s.s. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 4tn day of May, 2018. (SEAL) 2-)„.0 Lorri Smith, City Clerk