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Res 2018- 38 Wetlands Permit 1179 Centre Pointe CircleCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-38 RESOLUTION APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 1179 CENTRE POINTE CIRCLE WHEREAS, Sherburne -Slater Construction (the "Applicants"), acting on behalf of Hugh Cullen (the "Owner/Developer") have applied for a Wetlands Permit under Planning Case No. 2018-11 for the property generally located at 1179 Centre Pointe Circle, and legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is guided LB -Limited Business in the 2030 Comprehensive Plan, is situated in the B-1 Limited Business District, and is located adjacent to an established pond feature, which is identified on the city's Wetlands Map; and WHEREAS, the Applicants seek permission to construct a new 30,000 sq. ft. professional office building with new surface parking area on the Subject Property, and WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related improvements, grading, and/or removals made within one -hundred (100) feet of a wetland or water resource -related area requires a wetlands permit; and WHEREAS, on May 22, 2018, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended unanimous approval (7-0 vote) of the Wetlands Permit for the property located at 1179 Centre Pointe Circle, with certain findings of fact and amended conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the requested Wetlands Permit for the property located at 1179 Centre Pointe Circle, as proposed under Planning Case No. 2018-11, is hereby approved with the following findings of fact: A. No part of the new building and parking lot areas will physically or negatively affect the adjacent pond (wetland) feature as proposed under this new office development project. B. The proposed project is compliant with the standards for granting a wetlands permit, and can be considered consistent with the Comprehensive Plan, including (but not limited to): i. Enhance and protect the natural and living environment (ref. — no impact to the Wetlands); ii. Support industrial and commercial developments in designated areas. C. 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. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit proposed under Planning Case No. 2018-11 is hereby approved with the following conditions: 1. The Developer/Owner shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit. The work authorized by the permit shall be completed within twelve (12) months from the date of issuance. Extension(s) will be made according to Section 12-2-8.B of Zoning Code. 2. A building permit must be approved prior to the commencement of any construction work; and full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. 3. 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. 4. 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. 5. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed. Any new trees and restored buffer areas shall be planted with approved native trees and pollinator friendly and wetland suitable plantings, as per the city's Native Plant List. Res 2018-38 page 2 Adopted by the City Council of the City of Mendota Heights this 5th day of June, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri mith City Clerk Drafted by City of Mendota Heights TB Res 2018-38 page 3 EXHIBIT A Legal Description Parcel ID: 27-88101-01-020 (Abstract) LOT 2, BLOCK 1, YORKTON CENTRE POINTE SOUTH 2ND ADDITION, CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA Res 2018-38 page 4 Receipt:# 596046 SUP $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-38 3296143 Recorded on: 3/11/2019 3:02 PM By: TMB, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 1179 CENTRE POINTE CIRCLE WHEREAS, Sherburne -Slater Construction (the "Applicants"), acting on behalf of Hugh Cullen (the "Owner/Developer") have applied for a Wetlands Permit under Planning Case No. 2018-11 for the property generally located at 1179 Centre Pointe Circle, and legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is guided LB -Limited Business in the 2030 Comprehensive Plan, is situated in the B-1 Limited Business District, and is located adjacent to an established pond feature, which is identified on the city's Wetlands Map; and WHEREAS, the Applicants seek permission to construct a new 30,000 sq. ft. professional office building with new surface parking area on the Subject Property, and WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related improvements, grading, and/or removals made within one -hundred (100) feet of a wetland or water resource -related area requires a wetlands permit; and WHEREAS, on May 22, 2018, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended unanimous approval (7-0 vote) of the Wetlands Permit for the property located at 1179 Centre Pointe Circle, with certain findings of fact and amended conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the requested Wetlands Permit for the property located at 1179 Centre Pointe Circle, as proposed under Planning Case No. 2018-11, is hereby approved with the following findings of fact: A. No part of the new building and parking lot areas will physically or negatively affect the adjacent pond (wetland) feature as proposed under this new office development project. B. The proposed project is compliant with the standards for granting a wetlands permit, and can be considered consistent with the Comprehensive Plan, including (but not limited to): i. Enhance and protect the natural and living environment (ref. — no impact to the Wetlands); ii. Support industrial and commercial developments in designated areas. C. 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. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit proposed under Planning Case No. 2018-11 is hereby approved with the following conditions: The Developer/Owner shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit. The work authorized by the permit shall be completed within twelve (12) months from the date of issuance. Extension(s) will be made according to Section 12-2-83 of Zoning Code. 2. A building permit must be approved prior to the commencement of any construction work; and full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. 3. 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. 4. 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. 5. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed. Any new trees and restored buffer areas shall be planted with approved native trees and pollinator friendly and wetland suitable plantings, as per the city's Native Plant List. Res 2018-38 page 2 Adopted by the City Council of the City of Mendota Heights this 5th day of June, 2018. Drafted by; City of Mendota Heights 1161 Victoria Curve Mendota Heights, MN 55118 TB Res 2018-38 page 3 EXHIBIT A Legal Description Parcel ID: 27-88101-01-020 (Abstract) LOT 2, BLOCK 1, YORKTON CENTRE POINTE SOUTH 2ND ADDITION, CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA Res 2018-38 page 4