Res 2018- 01 Reaffirming Findings Michael Development Receipt:#553465 3250419
RES Ret $46.00
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4844 NORTH 300 w#202 Recorded on:5/15/2018 3:30 PM
By:CGK,Deputy
PROVO UT 84604 Office of the County Recorder
Dakota County,Minnesota
Joel T Beckman,County Recorder
Receipt:# 553274
RES $46.00
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4844 NORTH 300 W #202
PROVO UT 84604
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Recorded on: 5/14 20 8 3 42 PM
By: CAC, Deputy
Cert # 64422 66385
Office of the Registrar of Titles
Dakota County, Minnesota
Joel T. Beckman, Registrar of Titles
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-01
RESOLUTION REAFFIRMING AND ADOPTING ADDITIONAL FINDINGS
RELATING TO THE APPROVAL OF A COMPREHENSIVE PLAN AMENDMENT,
REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT, AND FINAL
PLAT TO MICHAEL DEVELOPMENT OF MINNESOTA, LLC FOR THE NEW
MENDOTA HEIGHTS APARTMENT PLANNED UNIT DEVELOPMENT
(LOCATED AT 2160 AND 2180 HIGHWAY 13)
WHEREAS, Michael Development of Minnesota, LLC (the "Developer") originally
applied for a Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Final Plat,
Conditional Use Permit and Wetlands Permit for the Mendota Heights Apartment planned unit
development, a new 140 unit market rate residential apartment development (the "Project") as
proposed under Planning Case No. 2017-19, and located at 2160 and 2180 Highway 13 (the
"Subject Property"), and legally described in Exhibit A; and
WHEREAS, the Subject Property is eligible for a Planned Unit Development because
the Project consists of residential uses that would not otherwise be permitted uses in the B-3
zoning district in which the Subject Property is located; and
WHEREAS, on June 6, 2017, the City Council adopted Resolution No. 2017-43, which
approved an amendment to the 2030 Comprehensive Plan to re -guide the Subject Property's
future land use from existing "B -Business" to "HR -PUD High Density Residential -Planned Unit
Development"; and
WHEREAS, on September 5, 2017, the City Council adopted Resolution No. 2017-69,
which approved the rezoning of the Subject Property from "B-3 General Business District" to a
new "HR -PUD High Density Residential — Planned Unit Development", a Preliminary Plat to be
titled "Mendota Heights Apartments," a Conditional Use Permit for the establishment of the new
planned unit development district and its related development plan of the new multi -family
apartment buildings, and a Wetlands Permit; and
WHEREAS, on November 21, 2017, the City Council adopted Resolution No. 2017-95,
which approved a Final Plat for the Subject Property; and
WHEREAS, pursuant to City Code Title 12-1K-1, a planned unit development may be
created as a base zoning district, and the purpose of the planned unit development district is to
encourage a flexibility in the design and development of land in order to promote its appropriate
use, to facilitate adequate and economical provision of streets and utilities, to preserve the natural
and scenic qualities for open areas, to encourage a diversity of housing types within a given
development and within the community as a whole, and to limit development to a scale
appropriate to the existing terrain and surrounding land uses, and for such PUD districts, the ten
(10) acre minimum area requirement may be waived at the discretion of the city; and
WHEREAS, pursuant to City Code Title 12-1K-2, a Planned Unit Development is
generally defined "...as any development project which proposes to utilize ten (10) or more
contiguous acres of land (the project area) ... "; and
WHEREAS, under Title 12-1K-2, the City Council may reduce the ten (10) acre
requirement for a planned unit development, but to no less than five (5) acres, only if it finds that
the planned unit development, in addition to meeting all of the standards and objectives of Title
12-1K-5, also meets the following criteria:
a. Is determined by the council to be "infill type development" that would be
difficult to develop under the zoning district or districts comprising the
project area.
b. Will not require any wetlands permit.
c. Will not require any critical area variance.
d. Will not increase traffic or parking estimates for the project area above the
level reasonably estimated for a permitted use for the project area's size in
the zoning district in which it is situated.
e. Provides a landscaped buffer around the perimeter of the entire project
area unless expressly waived by the council.
WHEREAS, the City Council is to be conservative in exercising its discretion to permit
a planned unit development of less than ten (10) acres pursuant to Title 12-1K-2 of the City
Code; and
WHEREAS, since Resolution No. 2017-69 was adopted on September 5, 2017, the
Developer has revised its construction plans to show that no work will be done within 100 feet of
Lemay Lake; and
WHEREAS, since Resolution No. 2017-69 was adopted on September 5, 2017, the City
engaged a traffic engineer to conduct a traffic and parking analysis to determine if the Project
will increase traffic or parking estimates above the level reasonable estimated for a permitted use
for the project area's size in the zoning district in which it is situated; and
WHEREAS, the Project will have a total of 158 underground parking spaces and a total
of 112 surface parking spaces, which are more than adequate to meet the Project's off-street
parking needs for the reasons set forth on pages 8-9 of the August 22, 2017 Planning Staff
Report to the Planning Commission; and
WHEREAS, since Resolution No. 2017-69 was adopted on September 5, 2017, the City
Council received additional information related to the phrase "infill type development."
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that
its decision to approve a planned unit development on the subject property is based on Title 12-
1 K-2, Paragraph A.1 of the City Code, which grants authority to the City Council to approve a
planned unit development for a project that proposes uses that would not otherwise be permitted
in the zoning district that comprises the project area.
Res 2018-01 Page 2 of 8
NOW THEREFORE BE IT FURTHER RESOLVED, by the Mendota Heights City
Council that its decision to allow a planned unit development on less than ten (10) acres is based
on the following supplemental and additional findings of fact:
An "infill type development" includes a proposed development on an under-utilized
parcel of land that is located in an urban area that is largely developed and is already
served by public infrastructure. The parcels of land that are proposed for
development meet that standard. The parcels are served by all public infrastructure
and are surrounded by largely developed parcels of land. Both parcels are under-
utilized. The Larsen Garden Center has been shuttered for many years, and the one-
story Mendota Hotel is an under -utilization of that parcel and is not the highest and
best use of that parcel. Both parcels would be extremely difficult to develop under the
pre-existing zoning district.
2. The Project no longer requires a Wetlands Permit because the Developer's amended
final plans show that all grading and utility work will be done outside of the 100 -foot
boundary line from the established ordinary high water level of Lemay Lake.
3. The Subject Property is located outside the recognized and established critical area;
therefore the Project does not require any critical area permit or any critical area
variance.
4. The independent parking and traffic comparison study analyzed the projected vehicle
trips for the apartments compared to various retail/mixed-use/office uses. The report
demonstrates that the new residential development will produce significantly less
trips per day than a typical, permitted business/commercial use; and furthermore
indicated the parking for an apartment use would have less impact as well. The City
Council finds that the impacts due to increased traffic or parking estimates for the
project area would be less than those estimated for a typical permitted use under the
original B-3 District zoning standards, as further explained in the attached Exhibit B.
5. The landscape and tree planting plan was reviewed and given full consideration by
the City Council at the September 5, 2017 regular meeting. The Developer is not
impacting or removing the natural wooded tree -line buffer along the easterly
boundary of the Project area. The City Council finds that both the approved
landscape plan and nearby wooded area will provide an adequate landscaped buffer
around the perimeter of the entire project area.
6. In arriving at the above findings, the City Council has acted conservatively in
exercising its discretion to permit a planned unit development of less than ten (10)
acres on the Subject Property.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that its decision
to approve a Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Conditional Use
Permit, and Final Plat for the new Mendota Heights Apartment Development, as proposed under
Planning Case No. 2017-19 and located at 2160 and 2180 Highway 13, is re -affirmed pursuant to
the original and previously adopted findings of facts and conditions of approval listed in
Resolution 2017- 43, Resolution 2017-69, and Resolution 2017-95, along with the updated and
additional findings of facts listed herein.
Res 2018-01 Page 3 of 8
Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
L -d
Neil Garlock, Mayor 1
ATTEST:
Lorri Smith, City Clerk
Document Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-01 Page 4 of 8
EXHIBIT A
Legal Descriptions
for
2160 and 2180 Highway 13, Mendota Heights MN 55120
Parcel ID 27-75200-05-110 and 27-75200-05-420 (Torrens - Certificate of Title No. 64422)
Address: 2160 Highway 13, Mendota Heights, MN 55120
Lots Eight (8), Nine (9), Ten (10), Eleven (11); and the South Sixty-five (65) feet of Lots Thirty-
nine (39), Forty (40), Forty-one (41) and Forty -Two (42), all in Block Five (5) of Adelia Taylor's
Addition to the City of St. Paul, Dakota County, Minnesota.
AND
Parcel ID 27-75200-05-380 and 27-75200-05-160 (Torrens - Certificate of Title No. 66385)
Address: 2160 Highway 13, Mendota Heights, MN 55120
Lots Twelve (12), Thirteen (13), fourteen (14), Fifteen (15), Sixteen (16); and the South Sixty-
five (65) feet of Lots Thirty-four (34), Thirty-five (35), Thirty-six (36), Thirty-seven (37) and
Thirty-eight (38), all in Block Five (5) of Adelia Taylor's Addition to the City of St. Paul, Dakota
County, Minnesota, except that part thereof shown as Parcel 269 on Minnesota Department
of Transportation Right of Way Plat No. 19-98.
AND
Parcel ID 27-75200-05-020 and 27-75200-05-050 and 27-75200-05-070 (Abstract property)
Address: 2160 Highway 13, Mendota Heights, MN 55120
Lots 1 through 7 inclusive; and lots 34 through 42 inclusive, except the south 65 feet of said
Lots 34 through 42, all in Block 5, Adelia Taylor's Addition to the City of St. Paul, except that
part thereof shown as Parcel 269 on Minnesota Department of Transportation Right of Way
Plat No. 19-98.
AND
Parcel ID: 27-28400-01-080 (Abstract property)
Address: 2180 Highway 13, Mendota Heights, MN 55120
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, FURLONG ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota 55120.
AND
That portion of Hilltop Avenue, as dedicated on the plats of ADELIA TAYLOR'S ADDITION and
FURLONG ADDITION, according to the recorded plats thereof, Dakota County, Minnesota, which
lies easterly of the easterly line of the MINNESOTA DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY PLAT NO. 19- 98 and lies westerly of the westerly line of Thomas Street.
Res 2018-01 Page 5 of 8
EXHIBIT - B
WSW
Iu
Infrastructure • Engineering • Planning • Construction
Memorandum
TO: JIr. Tim Benetti, Community Development Director.
Mr. Ryan Rnzek, Public fVorks Director.
City of Mendota Heights
FROM: Charles Rickart, P.E., POE, Principal/Traffic Engineer
WSB & Associates, Inc.
DATE: December 12, 2017
RE: Michael Development
Traffic and Parking Comparison
City of Mendota Heights,. MN
ITSB Project No. 11303-000
701 Xenia Avenue South
Suite 4300
Minneapolis, MN 55416
Tel: 763 541-4800
Fax: 763 541-1700
Michael Development of Minnesota LLC i proposing the development of the property located at
2180 and 2160 Highway 13 in the City of Mendota Heights. The development is proposed to
include two 70 -unit apartment buildings with 270 parking spaces. One of the requirements
through the Planned Unit Development (PUD) approval process is to document that the
development "Trill not increase traffic or parking estimates for the project area above the level
reasonably estfittated for a permitted use for the project area 's size in the zoning district in
which it is situated".
The purpose of this memorandum is to provide a comparison of the traffic generation and
parking requirements between the proposed Michael Development and other potential uses of the
site. The following sections provides this documentation.
Existing Site Background
The following is summary of the existing conditions for the sites:
• Total site area = 237.454 sf (5.45 acres)
o 2160 Hwy 13 (Garden Center Property) = 107.909 sf (2.48 acres)
o 2180 Hwy 13 (Motel Property) = 104,681 sf (2A0 acres)
o Hilltop Avenue ROW = 24,864 sf (.57 acres)
• Zoned B-3 General Business District
o Setbacks to parking = 20ft front yard, 20ft side yard. 20ft rear yard
o Floor Area Ratio (FAR) = _50
o Number of Floors = 2
With these assumptions, the approximate area of the site that could be used for development is
estimated to be 196,000 sf. With a .50 FAR the total development area would be approximately
98,000 sf total or, 49,000 sf per floor.
Res 2018-01
Page 6 of 8
Michael Development — Traffic and Parking Comparton
City of Mendota Height
December )2, 2017
Page 2 of 3
Based on the B-3 General Business District zoning the uses that could be developed on the site
can be from those listed not only in the B-3 District but also from the B-1 Limited Business
District or the B-2 Neighborhood Business District. The uses that would be reasonable for this
site based on its location and surrounding uses could include:
• Medical / Dental Office
• General Office
• General Retail
• Convenience / Gas Station
• Sit -Down Restaurant (not fast food)
The anticipated uses and approximate site development size were used to prepare the traffic
generation and parking requirement estimates.
Site Traffic Generation Comparison
The site traffic generation comparison was prepared using proposed Michael Development
apartment use and the reasonable site development land uses discussed above. The comparison
also included an alternative assuming a mixed-use development of the site.
The traffic generation rates used to estimate the proposed site traffic is documented in the
Institute of Transportation Engineers Trip Generation Manual, 9th Edition. These rates are the
result of extensive surveys of the trip -generation for other similar type land uses. The manual is a
nationally accepted document for determining development site traffic generation.
Table 1 below shows the results of the trip generation comparison of the daily trips for each land
use type.
Table 1 - rriu Generation Com arison
Use
Size
ITE Code
ITE 1ZateM
Daily Trips
..„
Apartment
140 units
120
6.65/du
931
3ktedicaliDental Office
98,000 sf (1)
720
36.134:sf
3541
General Office
98,000 sf (1)
710
11 03iksf
1081
General Retail
49.000 sf
826
44_321ksf
2172
Mixed Use
Convenience / Gas
3.000 sf
853
845.60ksf
1628
Sit Down Restaurant
5.000 sf
932
127 15ksf
636
Retail
41.000 sf
826
44 32ksf
1818
Total Mixed Use
49,000 sf
4082
Source: InsOutte of Transportation EngineTrip Generation Manual, 9th Edition
(1) — Anrun two floor:,
Res 2018-01
Page 7 of 8
Nfichael Development — Traffic and Parking Comparison
City of Mendota Heights
December 22, 2017
Page 3 of 3
Site Parking Requirement Comparison
The site parking requirement comparison was prepared using the same land uses that were
included in traffic generation comparison. The parking rates for the B-3 comparison land uses
were based on the City Code for "Off Street Parking and Loading". The number of parking
spaces included with the Michael Development was based on agreement during the PLT)
approval process. rable 2 below shows the results of the parking requirement comparison.
Table 2 - Parkiiis Rei,uire,uent Com arison
use
Size
itv ode Rate
CC
-
Parking
Spaces
Apartment
140 units
PUD
270
Medical/Dental Office
98,000 sf (1)
112.00sf
490
General Office
98.000 sf 0)
1/200sf
490
General Retail
49.000 sf
711000sf
343
Mixed Use
Convenience i Gas
3.000 sf
4+ 11150sf
20
Sit Down Restaurant
5,000 sf
(13 emp1000 seats)(2)
Vempl + V3 seats
80
Retail
41,000 sf
711000sf
287
Total Mixed Use
49,000 sf
387
(1) — A5SUMeS two floor]
(2) - Assumes 1 employee for each 4�0f and 1 seat for each 25sf
Conclusion
Based on the site traffic generation comparison and site parking comparison shows that the
approved Michael Development apartment development would generate less traffic and require
less parking than that of a reasonable B-3 development_
Res 2018-01
Page 8 of 8
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 14th day of May, 2018.
(SEAL)
2-)„.0
Lorri Smith, City Clerk