Res 2020- 82 Deny Prelim Plat Valley View Oak 3rd AdditionCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-82
RESOLUTION DENYING A PRELIMINARY PLAT (SUBDIVISION)
OF VALLEY VIEW OAK 3RD ADDITION
WITH A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT
LOCATED AT NORTHWEST QUADRANT OF
VICTORIA CURVE AND GLENHILL ROAD
(PLANNING CASE NO. 2020-15)
WHEREAS, Michelle Culligan (the "Applicant' / "Developer" / "Subdivider") acting on
behalf of Larry and Mary Culligan (the "Owners") applied for a new preliminary plat (subdivision)
of lands to be titled "Valley View Oak Yd Addition," which include consideration and approval of
a critical area permit and a conditional use permit, all for the property generally located at the
northwest quadrant of Victoria Curve and Glenhill Road (the "Subject Property"), and which is
legally described in attached Exhibit A: and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the current
2030 Comprehensive Plan and is located in the R-1 One Family Residential District; and
WHEREAS, Title 11-1-1 of the City Code (Subdivision Regulations) allows the
subdivision of parcels, provided that the resulting lots are compliant with the requirements of the
applicable zoning district, and the Applicant requests to subdivide the Subject Property into six (6)
new parcels as proposed under a new subdivision plat titled "Valley View Oak 3`d Addition"; and
WHEREAS, pursuant to Title 12-3-1 of the City Code (Critical Area Overlay District), a
critical area permit is required for all development activities necessitating a building permit or any
new subdivision approval; and
WHEREAS, pursuant to Title 12-3-14, the Applicant requests approval of Conditional
Use Permit to develop and disturb areas on slopes between 18% - 40% throughout the site; and
WHEREAS, on November 24, 2020, a planning report was presented to the Mendota
Heights Planning Commission, a duly noticed public hearing on this planning matter was held,
and upon hearing all presentations from staff, the Applicant, professional consultants and the
general public, the commission ended the hearing, and thereafter recommended unanimously (6-0
vote) to deny the Preliminary Plat of Valley View Oak 3`d Addition," along with the related Critical
Area Permit and Conditional Use Permit for the property generally located NW Quadrant of
Victoria Curve & Glenhill Road, based on the findings -of -facts noted in the November 24, 2020
Planning Report, including the Applicant failed to meet the burden of proof and standards required
in granting such approval of this plat application, including finding the following::
The proposed plat does not demonstrate that it meets Title 12-3-14:E. as noted below:
New Subdivision: For new subdivisions approved after September 1, 2006, the subdivider
shall be required to demonstrate that any newly created parcel will be able to support a
buildable area consistent with the underlying zoning regulations, on grades less than
eighteen percent (1801o).
WHEREAS, on December 1, 2020, the Mendota Heights City Council conducted a
separate public hearing on this matter, receiving additional comment and testimony from the
Applicant and general public, whereupon a motion was made to approve the proposed Preliminary
Plat of Valley View Oak 3`d Addition, the Critical Area Permit, and the Conditional Use Permit
for the property generally located NW Quadrant of Victoria Curve & Glenhill Road, as proposed
under Planning Case No. 2020-15, but upon the roll -call of the council, said motion to approve
resulted in a split vote (2-2), thereby rendering the action on the resolution as a denial of the
request; and
WHEREAS, upon further discussion with staff and the Applicant, a follow-up motion was
made and approved (by 4-0 vote) to table this application item, with direction for city staff to work
with the Applicant and Councilmembers in attempt to resolve some outstanding site issues; and
WHEREAS, this matter came before the Mendota Heights City Council at the regular
meeting of December 15, 2020, whereby additional comments from the Applicant and general
public were allowed, and additional information was provided to the City Council for further
consideration.
NOW THEREFORE BE IT RESOLVED, that despite the additional information
provided by the Applicant, the Mendota Heights City Council declares the original
recommendation of denial by the Mendota Heights Planning Commission is hereby upheld and
affirmed, and the proposed Preliminary Plat of Valley View Oak Yd Addition", along with the
related Critical Area Permit and Conditional Use Permit for the property generally located NW
Quadrant of Victoria Curve & Glenhill Road, as proposed under Planning Case No. 2020-15 is
hereby denied, based on the modified findings -of -facts:
A. The grading and heavy construction activity necessary to achieve buildable areas
on grades less than eighteen (18) percent on the proposed lots endangers the safety
and welfare of adjoining properties as well as those below the proposed
Res 2020-82 Page 2
development. There is an unjustifiable risk that erosion, landslides, or other
hydrological instability may occur.
B. The proposed subdivision plat is not consistent with rules and standards set by the
Critical Area Overlay District, and is not in compliance with the general goals and
policies of the city's current and proposed comprehensive plan.
C. The proposed plat does not meet the overall purpose and intent of the Critical Area
Overlay District.
D. Per City Code Section 11-3-3, the City Council has the right to choose to approve
any proposed private common access for developments, and the Council hereby
declares the proposed private common access roadway is not consistent with the
general rules and standards of the city's Subdivision Regulation Ordinance, and
therefore is not supported for approval under this plat application.
E. The proposed work and disturbance to construct the improvements related to this
new single-family plat development are deemed too significant, unreasonable, and
not within the spirit and intent of the Critical Area Overlay District.
F. The proposed plat and the proposed work to install the necessary improvements,
including (but not limited to) the new private common access road, utilities,
stormwater pond, and new dwelling units is found to be a threat to the general
health, safety and welfare of the surrounding properties due to unresolved soil
instability issues and impacts to the groundwater and increased stormwater runoff
created by this development.
G. This plat development is found to pose a threat and could cause potential
irreversible damage to this heavily wooded, natural and unique local area.
H. This plat and its related improvements are hereby found to be in an area susceptible
to soil erosion with restrictive soils, and is therefore unsuitable due to potential risk
of landslides, and damaging effects caused by flooding, inadequate drainage,
challenging soil and rock formations with severe limitations for development,
severe erosion potential due to loss of established trees and vegetation, unfavorable
topography that have been deemed to be likely harmful to the health, safety or
welfare of the future residents of the proposed subdivision, the neighboring
properties and/or the community in general.
I. The factual findings and analysis found in the Planning Staff Report for Planning
Case No. 2020-15, dated and presented on November 24, 2020 (on file with the
City of Mendota Heights); the Planning Commission's report recommending denial
of this preliminary plat; and all other materials submitted to the City Council with
respect to this plat (on file with the City of Mendota Heights) are hereby fully
incorporated into this Resolution.
Res 2020-82 Page 3
Adopted by the City Council of the City of Mendota Heights this 151 day of December, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Clave
Mendota Heights, MN 55118
Res 2020-82 Page 4
oWAffro3lffU
PID No. 27-81251-01-010 and
27-81251-00-010
Lot 1, Block 1, and Outlot A, VALLEY VIEW OAK 2ND ADDITION, Dakota County,
Minnesota.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2020-82 Page 5