Res 2018- 29 Approve Amend to Final Dev Plan, Accept Findings Michael Devlp 2160 & 2180 Hwy 13 Receipt:#553465 3250420
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 2018-29
RESOLUTION APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT
PLAN AND ACCEPTING ADDITIONAL RECOMMENDATIONS AND FINDINGS
WITH REGARDS TO THE MENDOTA HEIGHTS APARTMENTS
PLANNED UNIT DEVELOPMENT (PUD)
(PROPERTIES LOCATED AT 2160 AND 2180 HIGHWAY 13)
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, 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 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, on January 2, 2018, the City Council adopted Resolution No. 2018-01,
whereby the Council stated new findings of fact and approved a determination that the Subject
Property qualified and met all the criteria established under Title 12-1K-2 of the City Code for the
City to allow a planned unit development of less than ten (10) acres, but to no less than five (5)
acres; and the City Council further determined they acted in a conservative manner when
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, pursuant to Section 12 -1K -6.G of the City Code, the Developer submitted an
application to consider a proposed Amendment to the Final Development Plan of the Mendota
Heights Apartments Planned Unit Development, as proposed under Planning Case No. 2018-09,
to allow a 60 -ft. separation between both apartment buildings; and reduce the surface parking lots
by 27 spaces and provide these under a new "proof -of -parking" plan for future use; and
WHEREAS, the Planning Commission was also asked to: (1) Provide comments and
recommendations to the City Council regarding City Council Resolution 2018-01, particularly
with respect to the City Council's findings as to whether the proposed development meets the
criteria set forth in Section 12 -1K -2.B for a planned unit development on land less than 10 acres
in size; and (2) Reaffirm its August 22, 2017 recommendation for approval of the rezoning of the
subject site from B-3 General Business to HR -PUD High -Density Residential Planned Unit
Development; and
WHEREAS, on March 27, 2018, the Mendota Heights Planning Commission conducted
a public hearing on this Amended Final Development Plan item, and gave full consideration of the
two follow-up requests noted above, whereby a planning staff report was presented and received
by the commission, comments from the Developer and general public were received and noted for
the record, and upon closing the hearing, the Planning Commission recommended unanimous (6-
0 vote) approval of the Amendment to the Final Development Plan of the Mendota Heights
Apartments Planned Unit Development (PUD), as proposed under Planning Case No. 2018-09,
and adopted the following three (3) separate recommendation for City Council's consideration:
1) The Amendment to the Final Development Plan of the Mendota Heights
Apartments Planned Unit Development (PUD), whereby the Developer is allowed
to provide a 60 -ft. separation between both apartment buildings; and reduce the
surface parking lot by 27 spaces and provide these under a new "proof -of -parking"
plan for future use is acceptable and recommended for approval.
2) The Planning Commission agrees and finds that the proposed planned unit
development meets all the criteria set forth in Section 12 -1K -2.B for a planned unit
development on land less than 10 acres in size; and supports and concurs in the
findings of fact made by the City Council on January 2, 2018 pursuant to Resolution
No. 2018-01.
Res 2018-29 Page 2 of 4
3) The Planning Commission reaffirms its August 22, 2017 recommendation for
approval of the rezoning of the subject site from B-3 General Business to HR -PUD
High -Density Residential Planned Unit Development, with the original conditions
of approval to remain in effect and unchanged.
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the
three (3) recommendations from the Planning Commission as noted above are hereby accepted
and adopted for approval under this resolution.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that its decision
to approve an Amendment to the Final PUD Plan, as proposed under Planning Case No. 2018-09,
along with the original Comprehensive Plan Amendment proposed under Planning Case No. 2017-
08, and the Rezoning, Preliminary Plat, Conditional Use Permit, and Final Plat for the new
Mendota Heights Apartment Planned Unit Development, as proposed under Planning Case No.
2017-19, 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, Resolution 2017-95, and Resolution 2018-01.
Adopted by the City Council of the City of Mendota Heights this 3rd day of April, 2018.
ATTEST:
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Lorri Smith, City Clerk
Document Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-29
Page 3 of 4
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 2018-29 Page 4 of 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 14th day of May, 2018.
(SEAL)
2-)„.0
Lorri Smith, City Clerk