Loading...
Res 2019- 39 Interim Use Permit Southview Design 2383 Pilot Knob RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-39 RESOLUTION APPROVING AN INTERIM USE PERMIT TO SOUTHVIEW DESIGN FOR TEMPORARY OFF-SITE PARKING AREA IN THE I -INDUSTRIAL DISTRICT - LOCATED AT 2383 PILOT KNOB ROAD (PLANNING CASE NO. 2019-10) WHEREAS, Southview Design (the "Applicant") applied for an Interim Use Permit, which would allow for the temporary parking of employee vehicles on adjacent property owned by the Minnesota Department of Transportation (MnDOT), which is located next to the Applicant's own property of 2383 Pilot Knob Road (the "Subject Property"), as presented under Planning Case No. 2019-10, and legally described in attached Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting of May 28, 2019; whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended approval (by 7-0 vote) of the Interim Use Permit with certain findings of fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that Interim Use Permit, which would allow for the temporary parking of employee vehicles on adjacent property owned by the Minnesota Department of Transportation (MnDOT), which is located next to the Applicant's own property of 2383 Pilot Knob Road, as presented under Planning Case No. 2019-10, is hereby approved with the following findings of fact: A. The proposed interim use allowing an unpaved off-site parking facility for Southview Design will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor depreciate surrounding property values. B. The proposed interim parking use conforms [partially] to the general purpose and intent of the zoning code and comprehensive plan, including some performance standards. The City however, supports the efforts of Southview Design to provide off-site parking for their seasonal employees next to their business site; and will be required to keep and maintain this site in a neat and orderly fashion, and that they shall meet all conditions during the term of construction. C. The date or event that will terminate the use can be identified with certainty (on December 31, 2020). D. Applicant has agreed to any conditions that the city deems appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of restoring the temporary parking site upon expiration or revocation of the interim use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Interim Use Permit for the property located next to 23 83 Pilot Knob Road, and as presented under Planning Case No. 2019-10, is hereby approved with the following conditions: 1. The interim use shall terminate by December 31, 2020. Any extension of this interim use permit must be submitted to the City of Mendota Heights at least sixty (60) days prior to the expiration date, and approved by the City Council. 2. The former railway right-of-way shall be used for the parking of seasonal employee vehicles only. No commercial or business/work trucks, semi -trailers, storage containers, dumpsters, refuse or landscaping equipment or materials will be allowed to be stored in this area. 3. The temporary parking area shall be properly maintained during the duration of the Interim Use Permit by the Applicant; and if the City deems the site is not being adequately maintained, the Applicant shall provide the appropriate maintenance to the satisfaction of the City. 4. The Applicant shall provide a financial surety in an amount negotiated between Southview Design and the City Administrator, to ensure the MnDOT owned property will be vacated, cleaned and restored to its pre -parking state, upon the expiration or revocation of the interim use permit, either by the City or MnDOT. 5. Any new or additional lighting (if provided), shall be temporary only, with downcast, shielded light heads, and all lighting directed away from the adjacent Pilot Knob Roadway. 6. No direct access to this interim parking facility will be allowed on to Pilot Knob Road. 7. The interim use permit is shall comply with the provisions established under 12- 1L-6-1: INTERIM USES and the conditions approved herewith, and shall be periodically reviewed to ensure compliance with the applicable codes and policies and, if necessary, amended accordingly. Res 2019-39 Page 2 Adopted by the City Council of the City of Mendota Heights this 4th day of June, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: V_0_z't1_j- Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-39 Page 3 EXHIBIT A Subject Property Address: 2383 Pilot Knob Road, Mendota Heights MN 55120 Parcel ID Number: 27-03300-04-010 LEGAL: PT OF SE 1/4 OF NE 1/4 LYING SE OF TH# 13 & S OF RR EX PARCEL 46B ON MNDOT R/W PLAT 19-94, SECTION 33 TWN 28 RANGE 23 Legal Description of MnDOT Owned Lands: Parcel ID Number: 27-03300-01-050 Part of the former CMSP & P Railroad in NE 1/4; SECTION 33 TWN 28 RANGE 23, lying east of TH# 13 right-of-way, and west of Dakota County Road # 31 right-of-way (Pilot Knob Road). Receipt:# 614719 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-39 3315768 Recorded on: 7/19/2019 8:58 AM By: DRA, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING AN INTERIM USE PERMIT TO SOUTHVIEW DESIGN FOR TEMPORARY OFF-SITE PARKING AREA IN THE I -INDUSTRIAL DISTRICT - LOCATED AT 2383 PILOT KNOB ROAD (PLANNING CASE NO. 2019-10) WHEREAS, Southview Design (the "Applicant") applied for an Interim Use Permit, which would allow for the temporary parking of employee vehicles on adjacent property owned by the Minnesota Department of Transportation (MnDOT), which is located next to the Applicant's own property of 2383 Pilot Knob Road (the "Subject Property"), as presented under Planning Case No. 2019-10, and legally described in attached Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting of May 28, 2019; whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended approval (by 7-0 vote) of the Interim Use Permit with certain findings of fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that Interim Use Permit, which would allow for the temporary parking of employee vehicles on adjacent property owned by the Minnesota Department of Transportation (MnDOT), which is located next to the Applicant's own property of 23 83 Pilot Knob Road, as presented under Planning Case No. 2019-10, is hereby approved with the following findings of fact: A. The proposed interim use allowing an unpaved off-site parking facility for Southview Design will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor depreciate surrounding property values. B. The proposed interim parking use conforms [partially] to the general purpose and intent of the zoning code and comprehensive plan, including some performance standards. The City however, supports the efforts of Southview Design to provide off-site parking for their seasonal employees next to their business site; and will be required to keep and maintain this site in a neat and orderly fashion, and that they shall meet all conditions during the term of construction. C. The date or event that will terminate the use can be identified with certainty (on December 31, 2020). D. Applicant has agreed to any conditions that the city deems appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of restoring the temporary parking site upon expiration or revocation of the interim use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Interim Use Permit for the property located next to 23 83 Pilot Knob Road, and as presented under Planning Case No. 2019-10, is hereby approved with the following conditions: 1. The interim use shall terminate by December 31, 2020. Any extension of this interim use permit must be submitted to the City of Mendota Heights at least sixty (60) days prior to the expiration date, and approved by the City Council. 2. The former railway right-of-way shall be used for the parking of seasonal employee vehicles only. No commercial or business/work trucks, semi -trailers, storage containers, dumpsters, refuse or landscaping equipment or materials will be allowed to be stored in this area. 3. The temporary parking area shall be properly maintained during the duration of the Interim Use Permit by the Applicant; and if the City deems the site is not being adequately maintained, the Applicant shall provide the appropriate maintenance to the satisfaction of the City. 4. The Applicant shall provide a financial surety in an amount negotiated between Southview Design and the City Administrator, to ensure the MnDOT owned property will be vacated, cleaned and restored to its pre -parking state, upon the expiration or revocation of the interim use permit, either by the City or MnDOT. 5. Any new or additional lighting (if provided), shall be temporary only, with downcast, shielded light heads, and all lighting directed away from the adjacent Pilot Knob Roadway. 6. No direct access to this interim parking facility will be allowed on to Pilot Knob Road. 7. The interim use permit is shall comply with the provisions established under 12- 1L-6-1: INTERIM USES and the conditions approved herewith, and shall be periodically reviewed to ensure compliance with the applicable codes and policies and, if necessary, amended accordingly. Res 2019-39 Page 2 Adopted by the City Council of the City of Mendota Heights this 4th day of June, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: V_0_z't1_j- Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-39 Page 3 EXHIBIT A Subject Property Address: 2383 Pilot Knob Road, Mendota Heights MN 55120 Parcel ID Number: 27-03300-04-010 LEGAL: PT OF SE 1/4 OF NE 1/4 LYING SE OF TH# 13 & S OF RR EX PARCEL 46B ON MNDOT R/W PLAT 19-94, SECTION 33 TWN 28 RANGE 23 Legal Description of MnDOT Owned Lands: Parcel ID Number: 27-03300-01-050 Part of the former CMSP & P Railroad in NE 1/4; SECTION 33 TWN 28 RANGE 23, lying east of TH# 13 right-of-way, and west of Dakota County Road # 31 right-of-way (Pilot Knob Road). 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 19th day of July, 2019.