Res 2018- 32 Prelim Plat of Orchard Heights, Variance, Wetlands Permit 1136 & 1140 Orchard Place CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-32
RESOLUTION APPROVING A PRELIMINARY PLAT OF THE ORCHARD
AND A VARIANCE AND WETLANDS PERMIT
FOR THE PROPERTIES LOCATED AT
1136 & 1140 ORCHARD PLACE
WHEREAS, Marcel Eibensteiner of Royal Oaks Realty (the "Developer"), acting
on behalf of Marilyn Olin and David Olin (the "Property Owners") has applied for a
preliminary plat to be titled "The Orchard", along with a related variance to exceed the
normal length of a cul-de-sac roadway and wetlands permit for work in and around an
established water feature, as proposed under Planning Case 2017-14, located at 1136 and
1140 Orchard Place (the "Subject Property"), and legally described in Exhibit A; and
WHEREAS, on June 27, 2017, the Mendota Heights Planning Commission held an
initial public hearing on this plat, variance and wetlands permit applications, whereby a
planning staff report was presented and received by the commission, comments from the
general public and Developer were received and noted for the record, and upon closing the
hearing the Planning Commission recommended to table this matter to the July 25, 2017
meeting; and
WHEREAS, on July 25, 2017, the Mendota Heights Planning Commission received
a supplemental planning staff report and an updated presentation regarding this new
subdivision plat matter,re-opened the public hearing and allowed additional comments from
the general public and Developer, and upon closing the hearing the Planning Commission
offered a motion to recommend approval of the plat, variance and wetlands permit, but said
motion failed 2 votes for and 3 against said adoption, which thereby constituted a
recommendation of denial; and
WHEREAS, on August 15, 2017,the City Council received the recommendation of
denial from the Planning Commission, and after discussion between city staff, city council
and the Developer,the council elected to adopt Resolution No. 2018-57, a resolution denying
a preliminary plat of Orchard Heights and its related variance and wetlands permit for
property located at 1136 and 1140 Orchard Place, with certain findings of denial; and
WHEREAS, the case of Royal Oaks Realty, Inc., David J. Olin, James Olin Marital
Family Trusts (the "Plaintiffs") vs. the City of Mendota Heights (the "Defendant") came
before the Honorable Karen J. Asphaug, Judge of District Court, on December 14, 201 7 at
the Dakota County Judicial Center, in Hastings, Minnesota, whereby the Plaintiffs' motion
for summary judgment against the Defendant was granted on March 8, 2018, and the City
was ordered by said Court to "unconditionally approve the Orchard Heights Preliminary Plat
under the City's standard subdivision ordinance, including the variance for the proposed cul-
de-sac; and
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council,
that the Preliminary Plat of The Orchard, along with its related Variance and Wetlands Permit
as originally proposed under Planning Case 2017-14, are all hereby approved with the
following amended conditions:
1. The existing single family dwellings and detached accessory buildings must
be removed prior to the Final Plat being recorded by Dakota County.
2. In lieu of land dedication,the Developer/Applicant shall pay a park dedication
fee in the amount of $4,000 per unit (18 lots — 2 existing lots = 16 x
$4,000/unit, or $64,000) is collected after City Council approval and before
the Final Plat is recorded by Dakota County or issuance of any permits.
Res. 2018-32 Page 2 of 5
3. All new homes within this development shall have an automatic fire
sprinkler/fire suppression system, reviewed and approved by the City
Building Official.
4. The final grading plan must be submitted and approved by the Public Works
Director prior to any grading or land disturbance operations, pursuant to
Mendota Heights Ordinance §12-1-E-2.
5. Street grades in excess of 6% - but no more than 8% are hereby allowed in
certain locations as shown on the submitted Plans. In the event the Plans are
revised in the future, the Developer must make every effort to meet the 6%
grade standard along this roadway section.
6. The cul-de-sac roadway is allowed to be constructed with no less than a 30-
6. face-to-face street width.
7. A SWPPP shall be developed for the project as required by Mendota Heights
Ordinance. §14-1-6. Protected waters shall have a double silt fence/redundant
BMP, and a separate NPDES permit is required, per MPCA rules.
8. No disturbances shall occur within a 20-foot wide wetland buffer,which shall
include provisions for no cutting (non-mowing) and a natural vegetation
buffer area around the delineated edges of the wetland. The buffer strip shall
be shown and dedicated on the final plat.
9. No utilities may be buried at a depth greater than 20 feet.
10. Any proposed retaining wall(s) greater than 4 feet in height require
engineered drawings.
11. All Plans shall be reviewed and approved by St. Paul Regional Water Service
(SPRWS). SPRWS requires inspection of the public utilities and water supply
to the fixtures.
Res. 2018-32 Page 3 of 5
12. The Developer/Applicant shall submit a lot survey as part of any building permit
application as required by Mendota Heights Ordinance § 11-2-3 (B).
13. Future construction on the newly -created parcels will be compliant with all
applicable City Code and Building Code provisions
Adopted by the City Council of the City of Mendota Heights this 17th day of April, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Res. 2018-32 Page 4 of 5
EXHIBIT A
Legal Description
Lots 1 through 18, Block 1, The Orchard, Mendota Heights, Dakota County, Minnesota
PID Nos. / Addresses:
1)
27-75400-01-010 / 1830 Orchard Heights Lane, Mendota Heights, MN
55118
2)
27-75400-01-020 / 1838 Orchard Heights Lane, Mendota Heights, MN
55118
3)
27-75400-01-030 / 1844 Orchard Heights Lane, Mendota Heights, MN
55118
4)
27-75400-01-040 / 1852 Orchard Heights Lane, Mendota Heights, MN
55118
5)
27-75400-01-050 / 1858 Orchard Heights Lane, Mendota Heights, MN
55118
6)
27-75400-01-060 / 1866 Orchard Heights Lane, Mendota Heights, MN
55118
7)
27-75400-01-070 / 1872 Orchard Heights Lane, Mendota Heights, MN
55118
8)
27-75400-01-080 / 1878 Orchard Heights Lane, Mendota Heights, MN
55118
9)
27-75400-01-090 / 1884 Orchard Heights Lane, Mendota Heights, MN
55118
10)
27-75400-01-100 / 1892 Orchard Heights Lane, Mendota Heights, MN
55118
11)
27-75400-01-110 / 1881 Orchard Heights Lane, Mendota Heights, MN
55118
12)
27-75400-01-120 / 1875 Orchard Heights Lane, Mendota Heights, MN
55118
13)
27-75400-01-130 / 1871 Orchard Heights Lane, Mendota Heights, MN
55118
14)
27-75400-01-140 / 1865 Orchard Heights Lane, Mendota Heights, MN
55118
15)
27-75400-01-150 / 1859 Orchard Heights Lane, Mendota Heights, MN
55118
16)
27-75400-01-160 / 1851 Orchard Heights Lane, Mendota Heights, MN
55118
17)
27-75400-01-170 / 1841 Orchard Heights Lane, Mendota Heights, MN
55118
18)
27-75400-01-180 / 1833 Orchard Heights Lane, Mendota Heights, MN
55118
Res. 2018-32 Page 5 of 5
Receipt:# 599662
RES $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-32
111 iil 1�1 �11iiiii11i i11 ilii I
Recorded on: 4/10/2019 9:34 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
RESOLUTION APPROVING A PRELIMINARY PLAT OF THE ORCHARD
AND A VARIANCE AND WETLANDS PERMIT
FOR THE PROPERTIES LOCATED AT
1136 & 1140 ORCHARD PLACE
WHEREAS, Marcel Eibensteiner of Royal Oaks Realty (the "Developer"), acting
on behalf of Marilyn Olin and David Olin (the "Property Owners") has applied for a
preliminary plat to be titled "The Orchard", along with a related variance to exceed the
normal length of a cul-de-sac roadway and wetlands permit for work in and around an
established water feature, as proposed under Planning Case 2017-14, located at 1136 and
1140 Orchard Place (the "Subject Property"), and legally described in Exhibit A; and
WHEREAS, on June 27, 2017, the Mendota Heights Planning Commission held an
initial public hearing on this plat, variance and wetlands permit applications, whereby a
planning staff report was presented and received by the commission, comments from the
general public and Developer were received and noted for the record, and upon closing the
hearing the Planning Commission recommended to table this matter to the July 25, 2017
meeting; and
WHEREAS, on July 25, 2017, the Mendota Heights Planning Commission received
a supplemental planning staff report and an updated presentation regarding this new
subdivision plat matter, re -opened the public hearing and allowed additional comments from
the general public and Developer, and upon closing the hearing the Planning Commission
offered a motion to recommend approval of the plat, variance and wetlands permit, but said
motion failed 2 votes for and 3 against said adoption, which thereby constituted a
recommendation of denial; and
WHEREAS, on August 15, 2017, the City Council received the recommendation of
denial from the Planning Commission, and after discussion between city staff, city council
and the Developer, the council elected to adopt Resolution No. 2018-57, a resolution denying
a preliminary plat of Orchard Heights and its related variance and wetlands permit for
property located at 1136 and 1140 Orchard Place, with certain findings of denial; and
WHEREAS, the case of Royal Oaks Realty, Inc., David J. Olin, James Olin Marital
Family Trusts (the "Plaintiffs") vs. the City of Mendota Heights (the "Defendant") came
before the Honorable Karen J. Asphaug, Judge of District Court, on December 14, 201 7 at
the Dakota County Judicial Center, in Hastings, Minnesota, whereby the Plaintiffs' motion
for summary judgment against the Defendant was granted on March 8, 2018, and the City
was ordered by said Court to "unconditionally approve the Orchard Heights Preliminary Plat
under the City's standard subdivision ordinance, including the variance for the proposed cul-
de-sac; and
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council,
that the Preliminary Plat of The Orchard, along with its related Variance and Wetlands Permit
as originally proposed under Planning Case 2017-14, are all hereby approved with the
following amended conditions:
1. The existing single family dwellings and detached accessory buildings must
be removed prior to the Final Plat being recorded by Dakota County.
2. In lieu of land dedication, the Developer/Applicant shall pay a park dedication
fee in the amount of $4,000 per unit (18 lots — 2 existing lots = 16 x
$4,000/unit, or $64,000) is collected after City Council approval and before
the Final Plat is recorded by Dakota County or issuance of any permits.
Res. 2018-32 Page 2 of 5
3. All new homes within this development shall have an automatic fire
sprinkler/fire suppression system, reviewed and approved by the City
Building Official.
4. The final grading plan must be submitted and approved by the Public Works
Director prior to any grading or land disturbance operations, pursuant to
Mendota Heights Ordinance §12-1-E-2.
5. Street grades in excess of 6% - but no more than 8% are hereby allowed in
certain locations as shown on the submitted Plans. In the event the Plans are
revised in the future, the Developer must make every effort to meet the 6%
grade standard along this roadway section.
6. The cul-de-sac roadway is allowed to be constructed with no less than a 30-
6. face-to-face street width.
7. A SWPPP shall be developed for the project as required by Mendota Heights
Ordinance. §14-1-6. Protected waters shall have a double silt fence/redundant
BMP, and a separate NPDES permit is required, per MPCA rules.
8. No disturbances shall occur within a 20 -foot wide wetland buffer, which shall
include provisions for no cutting (non -mowing) and a natural vegetation
buffer area around the delineated edges of the wetland. The buffer strip shall
be shown and dedicated on the final plat.
9. No utilities may be buried at a depth greater than 20 feet.
10. Any proposed retaining wall(s) greater than 4 feet in height require
engineered drawings.
11. All Plans shall be reviewed and approved by St. Paul Regional Water Service
(SPRWS). SPRWS requires inspection of the public utilities and water supply
to the fixtures.
Res. 2018-32 Page 3 of 5
12. The Developer/Applicant shall submit a lot survey as part of any building permit
application as required by Mendota Heights Ordinance § 11-2-3 (B).
13. Future construction on the newly -created parcels will be compliant with all
applicable City Code and Building Code provisions
Adopted by the City Council of the City of Mendota Heights this 17th day of April, 2018.
Drafted by: City of Mendota Heights
1141 Victoria Curve
Mendota Heights, MN 55118
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Res. 2018-32 Page 4 of 5
EXHIBIT A
Legal Description
Lots 1 through 18, Block 1, The Orchard, Mendota Heights, Dakota County, Minnesota
PID Nos. / Addresses:
1)
27-75400-01-010 / 1830 Orchard Heights Lane, Mendota Heights, MN
55118
2)
27-75400-01-020 / 1838 Orchard Heights Lane, Mendota Heights, MN
55118
3)
27-75400-01-030 / 1844 Orchard Heights Lane, Mendota Heights, MN
55118
4)
27-75400-01-040 / 1852 Orchard Heights Lane, Mendota Heights, MN
55118
5)
27-75400-01-050 / 1858 Orchard Heights Lane, Mendota Heights, MN
55118
6)
27-75400-01-060 / 1866 Orchard Heights Lane, Mendota Heights, MN
55118
7)
27-75400-01-070 / 1872 Orchard Heights Lane, Mendota Heights, MN
55118
8)
27-75400-01-080 / 1878 Orchard Heights Lane, Mendota Heights, MN
55118
9)
27-75400-01-090 / 1884 Orchard Heights Lane, Mendota Heights, MN
55118
10)
27-75400-01-100 / 1892 Orchard Heights Lane, Mendota Heights, MN
55118
11)
27-75400-01-110 / 1881 Orchard Heights Lane, Mendota Heights, MN
55118
12)
27-75400-01-120 / 1875 Orchard Heights Lane, Mendota Heights, MN
55118
13)
27-75400-01-130 / 1871 Orchard Heights Lane, Mendota Heights, MN
55118
14)
27-75400-01-140 / 1865 Orchard Heights Lane, Mendota Heights, MN
55118
15)
27-75400-01-150 / 1859 Orchard Heights Lane, Mendota Heights, MN
55118
16)
27-75400-01-160 / 1851 Orchard Heights Lane, Mendota Heights, MN
55118
17)
27-75400-01-170 / 1841 Orchard Heights Lane, Mendota Heights, MN
55118
18)
27-75400-01-180 / 1833 Orchard Heights Lane, Mendota Heights, MN
55118
Res. 2018-32 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 9th day of April, 2019.
Lorri Smith, City Clerk
(SEAL)