Res 2021- 02 CAP for 1498 Mendota Hts RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-02
RESOLUTION APPROVING A CRITICAL AREA PERMIT
FOR 1498 MENDOTA HEIGHTS ROAD
[PLANNING CASE NO.2020-25]
WHEREAS, Dakota County (the "Applicant") requests approval of a critical area permit
(CAP) as proposed under Planning Case No. 2020-25, for the property located at 1498 Mendota
Heights Road, and legally described in attached Exhibit A; and
WHEREAS, the Subject Property is guided State Park in the 2030 Comprehensive Plan
and identified as "SP-State Park" on the official zoning map for the City of Mendota Heights; 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
special zoning approval, and the Applicant is seeking permission to construct a new
restroom/picnic shelter facility; information center kiosk, parking lot expansion, new trail
connections, and other passive recreational and park improvements; and
WHEREAS, on December 17, 2020, the Mendota Heights Planning Commission
conducted a public hearing on the proposed CAP application, and whereupon closing the hearing,
recommended unanimously (5-0 vote) to approve the critical area permit, which would allow the
Applicant to construct to construct the new restroom/picnic shelter facility and other related park
improvements, with certain conditions and specific findings of fact to support said approval; and
WHEREAS, on January 12, 2021, the Mendota Heights City Council conducted a separate
public hearing on this matter, and whereupon closing that hearing, declared that the Critical Area
Permit proposed under Planning Case No. 2020-25 be approved, based on the following findings
of fact:
A. The proposed project meets the purpose and intent of the Critical Area Overlay
District, with little to no impacts to the river corridor, bluff area, adjacent waterway
or surrounding properties.
B. The proposed project meets and is supported by the goals and policies of the
community's own 2030 Comprehensive Plan and future 2040 Comprehensive Plan,
C. The proposed work and areas of disturbance are in areas already developed or areas
found not to be significant to cause irreparable damage(s) to the bluff or
surrounding properties. The improvements are minimal, reasonable and within the
spirit and intent of the Critical Area.
D. The proposed improvements are in keeping with the existing development and
character of the park and trailhead area.
E. The expansion and construction of this new shelter/restroom facility and other
related park improvements are allowed under city zoning ordinance, and will
comply with all standards and regulations of the State Building Code and other
applicable ordinances.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the critical area permit as proposed under Planning Case No. 2020-22 and for The Big Rivers
Regional Trail Park, located at 1498 Mendota Heights Road, is hereby approved withthe following
conditions:
1. The final grading plan, including new storm pond details and calculations, must be
submitted to the Public Works Director prior to issuance of any grading or land disturbance
permit.
2. All grading and construction activity will be incompliance with applicable federal,
state, and local regulations and codes, as well as in compliance with the City Land
Disturbance Guidance Document.
3. All disturbed areas in and around the project site shall be restored and have an
established and permanent ground cover immediately after the project is completed.
4. A building permit must be
approved by
the City
of Mendota Heights
prior to the
commencement of any new
construction
work on
the shelter/restroom
facility.
5. Connection charges for sanitary sewer and water main shall be paid prior to
issuance of any building permits.
6. Full erosion control plans and measures, including silt fence, bales and/or bio-filtration
rolls must be in place prior to any construction and maintained throughout the duration of
project.
The plans for the new parking lot and new access improvements must be reviewed and
approved by the Public Works Director prior to start of arty construction.
8. A SWPPP shall be developed for the project. Protected bluffs shall have a double silt fence
installed for added protection in these areas.
Res. 2021-02 Page 2 of 4
9. An NPDES (National Pollution Discharge Elimination System) permit and a Minnesota
Dept. of Transportation drainage permit is required.
10. No structures, hard -surfaced improvements, or tree and vegetation removals will
be allowed within the 40-foot bluff impact zone.
11. Any
future work
to replace or improve the existing monument sign near the front entry
must
be reviewed
and approved under separate sign permit application to
the city.
Adopted by the City Council of the City of Mendota Heights this 12n day of January, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
-�/
Lorri Smith, City Clerk
Res. 2021-02 Page 3 of 4
EXHIBIT A
Property Address: 1498 Mendota Heights Road, Mendota Heights, MN 55120
Property ID No.: 27-03300-80-010
Legal Description:
That port of Go Government
lot 4, Section 3N Township 28 North, Range 23 West, Dakota County, Minnesota described as follows: Commencing at the southeast
orner of said Government Lot a thence North Right
degrees 55 minutes 42 seconds West to assume bearing along the south line of said Government Lot 4 a
d stance of be des feet to corner continue
MN North
Right of Way Plat No. 142 se according to athelong
recorded map thereof, and the point of beginning of the
property to be described: thence continue North 89 degrees 55 minutes 42 seconds West along said south line of Government fat 4 . distance of 318.00 feet
to the easterly right of way of Chicago and Northwestern Railroad; thence northerly along said railroad07fight of way i distance of nd% t feet along a
on —tangential curve concave in the west having a radius of North 0 feet and a central angle of o7 degrees n minutes id seconds, the chord of said curve
beers North 00 degrees 5 minutes a seconds East; thence North o3 degrees 02 minutes 21 seconds West tangent to said curve along said railroad rib of
way n distance of 619.45 feet; thence North 89 degrees north
minutes id seconds East a distance of 417.92 feet; thence North ea degrees h minutes
scones East a distance of 3South 8 a point 5 the north line of said Government Lot 4 which is 1Gover feet from the northeast corner thereof as measured
along said north line; thence South ri degrees ; t minutes 18 seconds es along said north line of Government Lot 4 a distance of y a feet to the .1
westerly right of way of Sibley Memorial Highway; thence South a degrees 30 minutes 25 seconds West along said highway right of way a distance 3 83
feet: thenceangle southerly along said highway right 2 way a distance of ouch 0 feet along a tangential c concave to the west having a radius of 2633.1n feet
and a central angle of f degrees 32 minutes 24 seconds; thence South right
degrees 02 minutes 49 seconds West along said highway right a woo tangent to
said c o distance 9 6 f feet; thence southerly along said highway right of way a distance of 1South feet along a tangential 31 seconds
to the west
havingua radius of 14tange feat and a central angle of 2 degrees t; minutes 42 seconds; thence South 09 degrees 53 minutes said highway
West long said
highway right of way tangent to said curve o distance of 2Plat feet; thence South 10 degrees 45 minutes 46 seconds West along said highway right a way
a distance of .5 feet
feet to the boundary of said MNDOT Plat No. thence
So thence North 79 degrees 06 minutes 42West
seconds West along 7.1 boundary a
distance of 27.58 feet to corner D4 said MNDOT di anceo93; thence South 05 degrees 16 minutes 37 seconds West a distance of ntial c feet corner
f33 said MNOGT Plat radius
of
thence southerly a distance le of 01 feet to corner1 B2 said seconds,
Plat No. ord of along o bears
curve concave to
the west having a radius of once So feet and a central angle of 01 degrees West
minutes 52 seconds, the herd of said .6 feet
South 14 degrees 17
minutes ; seconds West; thence South 14 degrees 53 minutes 20 seconds West tangent to said c a distance of 24.67 feet to comer 81 said 8.83 Plat
and a 93; thence southerly a distance m 137.84 feet to the point of beginning along a tangential curve concave to the west having a radius of 2258.83 feet
and a central angle of 03 degrees 29 minutes 47 seconds.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2021-02 Page 4 of 4
3442152
Receipt:# 744807
SUP $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 2/24/2021 3:31 PM
By: SMK, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-02
RESOLUTION APPROVING A CRITICAL AREA PERMIT
FOR 1498 MENDOTA HEIGHTS ROAD
[PLANNING CASE NO.2020-251
WHEREAS, Dakota County (the "Applicant") requests approval of a critical area permit
(CAP) as proposed under Planning Case No. 2020-25, for the property located at 1498 Mendota
Heights Road, and legally described in attached Exhibit A; and
WHEREAS, the Subject Property is guided State Parr in the 2030 Comprehensive Plan
and identified as "SP-State Park" on the official zoning map for the City of Mendota Heights; 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
special zoning approval, and the Applicant is seeking permission to construct a new
restroomlpicnic shelter facility; information center kiosk, parking lot expansion, new trail
connections, and other passive recreational and park improvements; and
WHEREAS, on December 17, 2020, the Mendota Heights Planning Commission
conducted a public hearing on the proposed CAP application, and whereupon closing the hearing,
recommended unanimously (5-0 vote) to approve the critical area permit, which would allow the
Applicant to construct to construct the new restroomlpicnic shelter facility and other related park
improvements, with certain conditions and specific findings of fact to support said approval; and
WHEREAS, on January 12, 2021, the Mendota Heights City Council conducted a separate
public hearing on this matter, and whereupon closing that hearing, declared that the Critical Area
Permit proposed under Planning Case No. 2020-25 be approved, based on the following findings
of fact:
A. The proposed project meets the purpose and intent of the Critical Area Overlay
District, with little to no impacts to the river corridor, bluff area, adjacent waterway
or surrounding properties.
B. The proposed project meets and is supported by the goals and policies of the
community's own 203 0 Comprehensive Plan and future 2040 Comprehensive Plan.
C. The proposed work and areas of disturbance are in areas already developed or areas
found not to be significant to cause irreparable damage(s) to the bluff or
surrounding properties. The improvements are minimal, reasonable and within the
spirit and intent of the Critical Area.
D. The proposed improvements are in keeping with the existing development and
character of the park and trailhead area.
E. The expansion and construction of this new shelter/restroom facility and other
related park improvements are allowed under city zoning ordinance, and will
comply with all standards and regulations of the State Building Code and other
applicable ordinances.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the critical area permit as proposed under Planning Case No. 2020-22 and for The Big Rivers
Regional Trail Park, located at 1498 Mendota Heights Road, is hereby approved withthe following
conditions:
1. The final grading plan, including new storm pond details and calculations, must be
submitted to the Public Works Director prior to issuance of any grading or land disturbance
permit.
2. All grading and construction activity will 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.
3. All disturbed areas in and around the project site shall be restored and have an
established and permanent ground cover immediately after the project is completed.
4. A building permit must be approved by the City of Mendota Heights prior to the
commencement of any new construction work on the shelterlrestroom facility.
Connection charges for sanitary sewer and water main shall be paid prior to
issuance of any building permits.
Full erosion control plans and measures, including silt fence, bales and/or bio-filtration
rolls must be in place prior to any construction and maintained throughout the duration of
project.
7. The plans for the new parking lot and new access improvements must be reviewed and
approved by the Public Works Director prior to start of any construction.
A SWPPP shall be developed for the project. Protected bluffs shall have a double silt fence
installed for added protection in these areas.
Res. 2021-02 Page 2 of 4
4. An NPDES (National Pollution Discharge Elimination System) permit and a Minnesota
Dept. of Transportation drainage permit is required.
10. No structures, hard -surfaced improvements, or tree and vegetation removals will
be allowed within the 40-foot bluff impact zone.
it. Any future work to replace or improve the existing monument sign near the front entry
must be reviewed and approved under separate sign permit application to the city.
Adopted by the City Council of the City of Mendota Heights this 12"' day of January, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Res. 2021-02 Page 3 of 4
EXHIBIT A
Property Address: 1498 Mendota Heights Road, Mendota Heights, MN 55120
Property ID No.: 27-03300-80-010
Legal Description:
That part of Government Lot 4, Section 33, Township 28 North, Ronge 23 West, Dakota County, Minnesota described as follows; Commencing at the southeast
corner of said Government Lot 4; thence North 89 degrees 55 minutes 42 seconds West assumed bearing along the south line of said Government Lot 4 a
distance of 312.44 feet to corner B205, MNDOT Right of Way Plat No. 19-93, according to the recorded reap thereof, and the point of beginning of the
property to be described; thence continue North 89 degrees 55 minutes 42 seconds West along said south line of Government Lot 4 a distance of 318.00 feet
to the easterly right of way of Chicago and Northwestern Railroad; thence northerly along said railroad right of way a distance of 387.97 feet along a
non —tangential curve concave to the west having a radius of 2963.54 feet and a central angle of 07 degrees 30 minutes 03 seconds, the chord of said curve
hears North 00 degrees 42 minutes 41 seconds East; thence North 03 degrees 02 minutes 21 seconds West tangent to said curve along said railroad right of
way n distance of 619.45 feet; thence North 89 degrees 35 minutes 27 seconds East a distance of 417.92 feet; thence North 18 degrees 18 minutes 58
seconds East a distance of 317.52 to a point on the north line of said Government Lot 4 which is 135.00 feet from the northeast corner thereof as measured
along said north line; thence South 89 degrees 56 minutes 18 seconds East otong said north line of Government Lot 4 a distance of 64.52 feet to the
westerly right of way of Sibley Memorial Highway; thence South 01 degrees 30 minutes 25 seconds West along said highway right of way a distance of 8.15
feet; thence southerly along said highway right of way a distance of 102.69 feet along a tangential curve contrive to the west having a radius of 2633.13 feet
and a central angle of 03 degrees 32 minutes 24 seconds; thence South 05 degrees 02 minutes 49 seconds West along said highway right of way tangent to
said curve a distance of 9.49 feet; thence southerly along said highway right of way ❑ distance of 125.08 feet along a tangential curve concave to the west
having a radius of 1479.16 feet and a central angle of 04 degrees 50 minutes 42 seconds; thence South 09 degrees 53 minutes 31 seconds West along said
highway right of way tangent to said curve a distance of 279.55 feet; thence South 10 degrees 45 minutes 46 seconds West along said highway right of way
a distance of 253.72 feet to the boundary of said MNDOT Plat No. 19-93; thence North 79 degrees 06 minutes 42 seconds West along said boundary a
distance of 27.58 feet to corner 84 said MNDOT Plat No.19-93; thence South 05 degrees 16 minutes 37 seconds West a distance of 267.17 feet to corner
B3 said MNDOT Plat No.19-93; thence southerly a distance of 67.75 feet to corner B2 said MNDOT Plat No. 19-93 along a non —tangential curve concave to
the west having a radius of 3241.04 feet and a central angle of 01 degrees 11 minutes 52 seconds, the chord of said curve bears South 14 degrees 17
minutes 24 seconds West; thence South 14 degrees 53 minutes 20 seconds West tangent to said curve a distance of 24.67 feet to corner 61 said MNDOT Plat
Na.19-93; thence southerly a distance of 137.84 feet to the point of beginning along a tangential curve concave to the west having a radius of 2258,83 feet
and a central angle of 03 degrees 29 minutes 47 seconds.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2021-02 Page 4 of 4
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 2021-62 Approving a Critical Area Permit for
1498 Mendota Heights Road 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 24th day of February, 2021.
Lorri 'Smith, City Clerk
(SEAL)