Res 2017- 69 Rezoning, Prelim Plat, CUP, WP, Michael Dvlp 1260 & 2180 Hwy 13 Receipt:#553465 3250417
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 2017-69
RESOLUTION APPROVING A REZONING, PRELIMINARY PLAT,
CONDITIONAL USE PERMIT AND WETLANDS PERMIT APPLICATIONS
TO MICHAEL DEVELOPMENT OF MINNESOTA, LLC FOR THE
NEW MENDOTA HEIGHTS APARTMENT DEVELOPMENT
(LOCATED AT 2160 AND 2180 HIGHWAY 13)
WHEREAS, Michael Development of Minnesota, LLC (the "Applicant" and/or
"Developer") applied for a Rezoning, Preliminary Plat, Conditional Use Permit and Wetlands
Permit Applications for New Mendota Heights Apartment Development, as proposed under
Planning Case No. 2017-1, located at 2160 and 2180 Highway 13 (the "Subject Property"), and
legally described in Exhibit A; 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 site's future
land use from existing "B - Business" to "HR -PUD High Density Residential -Planned Unit
Development"; and on August 21, 2017, the Metropolitan Council officially accepted and
approved said land use change related to this project; and
WHEREAS, on June 20, 2017, the City Council approved the establishment of Tax
Increment Financing District No. 2, a redevelopment district within the city's existing Municipal
Development District No. 1, in order to financially assist the Developer with specific and eligible
costs to help construct these new market rate apartment building on the site, and;
WHEREAS, the Developer is requesting a rezoning of the Subject Property from
existing "B-3 General Business District" to a new "HR -PUD High Density Residential — Planned
Unit Development", a new Preliminary Plat to be titled "Mendota Heights Apartments", which is
the replatting of certain identified and legal parcels generally located east of Highway 13,
between Acacia Boulevard to the north and Victoria Avenue to the south; and the Conditional
Use Permit is for the establishment of the new Planned Unit Development district and related
development plan of the new multi -family apartment buildings; and the Wetlands Permit is
needed due to the proximity of work adjacent to Lake Lemay; and
WHEREAS, on August 22, 2017, the Mendota Heights Planning Commission held a
public hearing on this planning item; 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 Rezoning, Preliminary Plat, Conditional Use Permit and Wetlands Permit
Applications for New Mendota Heights Apartment Development, as proposed under Planning
Case No. 2017-20, with certain findings of fact and conditions as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the Rezoning, Preliminary Plat, Conditional Use Permit and Wetlands Permit Applications for
the new Mendota Heights Apartment Development, as proposed under Planning Case No. 2017-
20, located at 2160 and 2180 Highway 13, are all hereby approved with the following findings of
fact:
A. The proposed Planned Unit Development Plan, both preliminary and final plans,
are consistent with the Comprehensive Plan and applicable City Code
requirements for such a planned development in this area.
B. The proposed PUD should be approved the higher density, because:
i. it will be an effective and unified treatment of the development;
ii. the development plan includes provisions for the preservation of unique
natural amenities;
iii. financing is available to the applicant on conditions and in an amount which
is sufficient to assure completion of the planned unit development and the
PUD is consistent with the comprehensive plan; and
iv. the PUD can be and will be planned and developed to harmonize with any
existing or proposed development in the areas surrounding the project site.
C. 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.
D. The reduced setback and building separation does not pose any threat to the
general health, safety and welfare of the surrounding properties or diminishes the
usefulness of the planned development of this property.
E. The reduced parking ratio should be supported due to the strong desire to reserve
or encourage more open space on this site; and help reduce any hard surface
impacts that additional parking would require.
F. Construction of the proposed high-density residential development will contribute
to a significant amount of the Metropolitan Council's Year 2040 forecasted
population and household increases.
G. The proposed project is specifically designed to minimize impacts on the nearby
wetland areas (Lemay Lake) and will meet all requirements of the Wetlands
Overlay Ordinances.
H. The proposed trail and pedestrian connections included as part of the proposed
project will facilitate recreational opportunities.
I. High Density Residential land use would be in character with other surrounding
properties and the existing vegetation and adjacent commercial uses, due to the
added setbacks and natural buffering between the proposed high-density housing
and nearby low-density residential housing.
J. The proposed increased density is consistent with surrounding suburban
communities and would allow for adequate open space as part of the proposed
development.
K. The increased density provides for construction of a housing type that is lacking
in the City and would help to reach the forecasted population projections.
Res 2017-69 Page 2 of 5
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
Rezoning, Preliminary Plat, Conditional Use Permit and Wetlands Permit Applications for the
new Mendota Heights Apartment Development, as proposed under Planning Case No. 2017-20,
located at 2160 and 2180 Highway 13, are all hereby approved with the following conditions:
1. The Developer shall enter into a Development Agreement with the City of
Mendota Heights.
2. Necessary drainage and utility easements shall be included on the Final Plat, as
determined by the Engineering Department and Saint Paul Regional Water
Services.
3. All new buildings shall be constructed only in conformance to building and site
plans certified by a registered architect and engineers (as applicable); and in
accordance with all architectural and building standards found under Title 12-1E-
8, Subpart F "Architectural Controls" and Subpart G — Structural, Electrical and
Mechanical Requirements.
4. Rooftop mechanical units shall be of a low profile variety. All ground -level and
rooftop mechanical utilities, other than low profile rooftop units, shall be
completely screened with one or more of the materials used in the construction of
the principal structure, to be reviewed by the Planning Department and verified as
part of the building permit review process.
5. The Landscape Plan shall be reviewed by Master Gardeners for compliance with
city pollinator friendly ordinance policy.
6. Plant material shall be utilized as a screening element for any building utility
areas, but shall not obstruct fire department connections or hydrants, to be
reviewed by the Planning and Fire Departments and verified as part of the
building permit review process.
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 (1 1/2) times the value of such
screening, landscaping, or other improvements, to be included as part of the
Development Agreement.
8. The Developer and/or 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. All
landscape areas must be irrigated.
9. A MnDOT Right -of -Way Access Permit shall be obtained for the proposed access
onto State Highway 13, as shown in the proposed plans prior to final approval.
10. Provide outlet velocity from underground infiltration area (energy dissipation)
11. Rainfall intensity shall be by Atlas 14.
Res 2017-69 Page 3 of 5
12. Provide water quality model.
13. 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.
14. Building and grading permits shall be obtained from the City prior to construction
commencement.
15. 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.
16. All applicable fire and building codes, as adopted/amended by the City, shall
apply and the buildings shall be fully -protected by an automatic fire sprinkler
system.
17. All new buildings must comply with the Aircraft Noise Attenuation standards as
found under Title 12-4-1 of City Code.
18. The Developer with work with the fire department personnel in determining final
design, location and specifications to the fire safety access road to the rear
sections of the new buildings.
19. That a right-of-way vacation process is executed for Hilltop Avenue, formally
known as Doughty Street, prior to the recording of the final plat.
20. The Developer will revise the planned five foot (5') concrete walk along Highway
13 to an eight -foot (8') bituminous trail with a minimum of a 5' boulevard. This
trail should extend south to Victory Avenue, with ADA compliant ramps and
crosswalks including on Acacia Drive. This would also include any necessary
easements or right-of-ways.
Adopted by the City Council of the City of Mendota Heights this 5th day of September, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
6'-‘1--P.-..-q
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Document drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2017-69
Page 4 of 5
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 2017-69 Page 5 of 5
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