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Res 2020- 14 CUP to 2002 PUD & Master Plan The Village at Mendota HeightsCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-14 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AUTHORIZING AN AMENDMENT TO THE 2002 PLANNED UNIT DEVELOPMENT AND MASTER PLAN FOR THE MENDOTA HEIGHTS TOWN CENTER (N/K/A THE VILLAGE AT MENDOTA HEIGHTS) LOCATED AT 725 LINDEN STREET AND 735 MAPLE STREET WHEREAS, Grand Real Estate Advisors (the "Applicant") has applied for a conditional use permit to amend a previously approved planned unit development (PUD) and final master development plan for the development originally titled The Mendota Heights Town Center, which is now known as The Village at Mendota Heights, as proposed under Planning Case No. 2020-01 and for the properties legally described in Exhibit A; and WHEREAS, this amendment seeks to amend the "West Neighborhood" of this original Mendota Heights Town Center PUD plan, which called for fourteen (14) residential townhomes and five (5) home -office style townhomes, to be replaced with a new mixed -used development consisting of a three-story, 48 -unit senior apartment building with an attached sit-down style cafe/restaurant, with underground and surface parking facilities, initially titled "Mendota Heights Senior Apartments"; and WHEREAS, on January 28, 2020, the Mendota Heights Planning Commission received a planning staff report and presentation on this planning application item, held a public hearing on this matter, received comments from the public and Applicant, and whereby this item was tabled by the commission to the February 27, 2020 regular meeting; and WHEREAS, at the February 27, 2020 meeting, staff and the Applicant provided additional information for the planning commission's consideration, re -opened the public hearing, heard additional comments from the public, and after closing the hearing, the commission recommended unanimously (7-0 vote) to approve the conditional use permit authorizing an amendment to The Mendota Heights Town Center (n/k/a The Village at Mendota Heights) Planned Unit Development and its Master Development Plan, with certain findings of fact to support such approval, and with certain conditions of approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit authorizing an amendment to The Mendota Heights Town Center (n/k/a The Village at Mendota Heights) Planned Unit Development and its Master Development Plan, as proposed under Planning Case No. 2020-01, is hereby approved with the following findings of fact: The proposed amendment to a Planned Unit Development Final Development Plan is consistent with the Comprehensive Plan and applicable City Code requirements for such a development. 2. The proposed amended planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site 3. 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. 4. 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. 5. The proposed PUD should be approved with a higher density allotment, due to: a. it will be an effective and unified treatment of the development; b. the development plan includes provisions for the preservation and replacement of natural amenities; c. 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 d. the new PUD Amendment plans can be and will be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. e. The proposed increased density is consistent with surrounding suburban communities and would allow for adequate open space as part of the proposed development; and f. 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 6. Construction of the proposed high-density residential development will help contribute to meeting the projected Metropolitan Council's 2040 forecasted population and household numbers. Res 2020-14 Page 2 7. The new mixed-use senior residential with a restaurant use would be in character with other surrounding uses in the existing PUD area. 8. The proposed trail and pedestrian connections included as part of the mixed-use development project will facilitate a walkable and livable environment within the overall Village at Mendota Heights PUD and the surrounding neighborhoods. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit authorizing an amendment to The Mendota Heights Town Center (n/k/a The Village at Mendota Heights) Planned Unit Development and Master Development Plan, as proposed under Planning Case No. 2020-01, is hereby approved with the following conditions: 1. The Developer shall enter into a Development Agreement with the City of Mendota Heights, in a form prepared by the city attorney; and final draft shall be approved by the city council. 2. Developer shall provide a clearly marked crosswalk on Maple Street over to the separated parking lot, with final location and design approved by Public Works Director. 3. Necessary drainage and utility easements shall be included on the Final Plat, as determined by the Public Works Director and if necessary the Saint Paul Regional Water Services. 4. 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. 5. Any ground -level mechanicals and utility appurtenances, must be screened with vegetation or one or more of the materials used in the construction of the principal structure, which must be reviewed and approved by the Planning Department as part of the building permit process. 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 park dedication fee of $4,000/residential unit shall be paid at time of building permit approvals. Res 2020-14 Page 3 8. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half (11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 9. 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. 10. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. 11. Building and grading permits shall be obtained from the City prior to construction commencement. 12. 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. 13. 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. Adopted by the City Council of the City of Mendota Heights this 4th day of March, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: L ri Smith, City Clerk Res 2020-14 Page 4 EXHIBIT A Legal Descriptions Parcel 1: Lot 1, Block 2, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-02-010 Parcel 2: Lot 1, Block 3, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-03-010 Parcel 3: Lot 2, Block 3, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-03-020 Parcel 4: Outlot D, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-00-040 Res 2020-14 Page 5 Receipt:# 738455 3435695 Return to. $46.00 t I IIIIII II II IIIII II II IIIII IIIII IIIII IIII III SIMPLIFILE 5072 NORTH 300 w Recorded on: 2/2/2021 1:19 PM By: CGK, Deputy PROVO UT84604 Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-14 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AUTHORIZING AN AMENDMENT TO THE 2002 PLANNED UNIT DEVELOPMENT AND MASTER PLAN FOR THE MENDOTA HEIGHTS TOWN CENTER (N/K/A THE VILLAGE AT MENDOTA HEIGHTS) LOCATED AT 725 LINDEN STREET AND 735 MAPLE STREET WHEREAS, Grand Real Estate Advisors (the "Applicant") has applied for a conditional use permit to amend a previously approved planned unit development (PUD) and final master development plan for the development originally titled The Mendota Heights Town Center, which is now known as The Village at Mendota Heights, as proposed under Planning Case No. 2020-01 and for the properties legally described in Exhibit A; and WHEREAS, this amendment seeks to amend the "West Neighborhood" of this original Mendota Heights Town Center PUD plan, which called for fourteen (14) residential townhomes and five (5) home -office style townhomes, to be replaced with a new mixed -used development consisting of a three-story, 48-unit senior apartment building with an attached sit-down style cafe/restaurant, with underground and surface parking facilities, initially titled "Mendota Heights Senior Apartments"; and WHEREAS, on January 28, 2020, the Mendota Heights Planning Commission received a planning staff report and presentation on this planning application item, held a public hearing on this matter, received comments from the public and Applicant, and whereby this item was tabled by the commission to the February 27, 2020 regular meeting; and WHEREAS, at the February 27, 2020 meeting, staff and the Applicant provided additional information for the planning commission's consideration, re -opened the public hearing, heard additional comments from the public, and after closing the hearing, the commission recommended unanimously (7-0 vote) to approve the conditional use permit authorizing an amendment to The Mendota Heights Town Center (n/k/a The Village at Mendota Heights) Planned Unit Development and its Master Development Plan, with certain findings of fact to support such approval, and with certain conditions of approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit authorizing an amendment to The Mendota Heights Town Center (n/k/a The Village at Mendota Heights) Planned Unit Development and its Master Development Plan, as proposed under Planning Case No. 2020-01, is hereby approved with the following findings of fact: 1. The proposed amendment to a Planned Unit Development Final Development Plan is consistent with the Comprehensive Plan and applicable City Code requirements for such a development. 2. The proposed amended planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site 3. 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. 4. 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. 5. The proposed PUD should be approved with a higher density allotment, due to: a. it will be an effective and unified treatment of the development; b. the development plan includes provisions for the preservation and replacement of natural amenities; 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 d. the new PUD Amendment plans can be and will be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. The proposed increased density is consistent with surrounding suburban communities and would allow for adequate open space as part of the proposed development; and f. 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 6. Construction of the proposed high -density residential development will help contribute to meeting the projected Metropolitan Council's 2040 forecasted population and household numbers. Res 2020-14 Page 2 7. The new mixed -use senior residential with a restaurant use would be in character with other surrounding uses in the existing PUD area. 8. The proposed trail and pedestrian connections included as part of the mixed -use development project will facilitate a walkable and livable environment within the overall Village at Mendota Heights PUD and the surrounding neighborhoods. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit authorizing an amendment to The Mendota Heights Town Center (n/k/a The Village at Mendota Heights) Planned Unit Development and Master Development Plan, as proposed under Planning Case No. 2020-01, is hereby approved with the following conditions: 1. The Developer shall enter into a Development Agreement with the City of Mendota Heights, in a form prepared by the city attorney; and final draft shall be approved by the city council. 2. Developer shall provide a clearly marked crosswalk on Maple Street over to the separated parking lot, with final location and design approved by Public Works Director. 3. Necessary drainage and utility easements shall be included on the Final Plat, as determined by the Public Works Director and if necessary the Saint Paul Regional Water Services. 4. 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-lE-8, Subpart F "Architectural Controls" and Subpart G — Structural, Electrical and Mechanical Requirements. 5. Any ground -level mechanicals and utility appurtenances, must be screened with vegetation or one or more of the materials used in the construction of the principal structure, which must be reviewed and approved by the Planning Department as part of the building permit process. 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 park dedication fee of $4,000/residential unit shall be paid at time of building permit approvals. Res 2020-14 Page 3 8. A performance bond or letter of credit shall be supplied by the applicant in an amount equal to at least one and one-half (11/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 9. 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. 10. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. 11. Building and grading permits shall be obtained from the City prior to construction commencement. 12. 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. 13. 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. Adopted by the City Council of the City of Mendota Heights this 4th day of March, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: L ri Smith, City Clerk Drafted by City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2020-14 Page 4 EXHIBIT A Legal Descriptions Parcel 1: Lot 1, Block 2, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-02-010 Parcel 2: Lot 1, Block 3, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-03-010 Parcel 3: Lot 2, Block 3, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-03-020 Parcel 4: Outlot D, Mendota Heights Town Center. Dakota County, Minnesota Abstract Property Parcel ID Number 27-48335-00-040 Res 2020-14 Page 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 27" day of January, 2021. Lorri Smith, City Clerk (SEAL)