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Res 2022- 12 Wetlands Permit Resurrection Cemetery CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-12 RESOLUTION APPROVING A WETLANDS PERMIT FOR RESURRECTION CEMETERY LOCATED AT 2101 LEXINGTON AVENUE (PLANNING CASE NO. 2021-23) WHEREAS, Southview Design (as the"Applicant") and acting on behalf of The Catholic Cemeteries (as the "Owners") are seeking a Wetlands Permit as presented under Planning Case No. 2021-23, and for the property generally identified as Resurrection Cemetery, located at 2101 Lexington Avenue South(the"Subject Property"), as described in attached Exhibit-A; and WHEREAS, the Subject Property is guided Public/Semi-Public in the 2040 Comprehensive Plan, and situated in the R-1 One Family Residential District; and WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related improvements,grading,and/or removals made within one-hundred(100)feet of a wetland or water resource-related area in the city requires a wetlands permit; and WHEREAS, the Applicants requested approval to remove a ring of invasive plantings in and around a wetland pond on the Subject Property, and restore the disturbed areas based on an initial landscaping replacement plan designed by the Applicant; and WHEREAS, on December 28, 2021 the Mendota Heights Planning Commission held an public hearing on this matter, and whereupon closing the hearing and discussion, elected to table this item, and directed the Applicant to work with the city staff to develop a more suitable native planting buffer that aligns with the goals of the comprehensive plan,the surface water management plan and land disturbance guidance document for the improvement of water quality; and WHEREAS, on January 25, 2022, the Planning Commission re-considered this wetlands permit application along with a revised landscape plan from the Applicant, indicating a new wetland seed mixture (MnDOT Seed Mix 433-261), which will provide a more suitable and adequate vegetative buffer around the pond, and voted unanimously (7-0 vote) to recommend approval of the Wetlands Permit with findings-of-fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council,that the recommendation from the Planning Commission is hereby affirmed, and the Wetlands Permit requested for Resurrection Cemetery,located at 2101 Lexington Avenue South is hereby approved with the following findings of fact: A. The requested pond embankment stabilization work and related landscaping work in and around the pond is a reasonable request for this very large and open cemetery property. B. All new work should have very little, if any negative impacts to the existing on-site drainage or the drainage from the surrounding properties or areas. C. Owner/Applicant will provide additional and suitable wetland protective vegetation and plantings around the perimeter of the existing pond, which help ensures storm water run-off quality; and any soil and contaminant runoff is reduced or minimized from the subject property. D. The work contemplated under this wetlands permit shall be done in accordance with the rules and standards of the City's Land Disturbance Guidance document, and meets a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. BE IT FURTHER RESOLVED,by the Mendota Heights City Council that the Wetlands Permit requested for Resurrection Cemetery, located at 2101 Lexington Avenue South, and as presented under Planning Case No. 2021-23, is hereby approved with the following conditions: 1. The revised Landscape Plan for Resurrection Cemetery, dated 01/18/2022, along with the MnDOT Seed Mix List #33-261 shall be the approved plan and vegetation replacement for this Wetlands Permit/Planning Case No. 2021-23. 2. Any grading and/or construction activity related to the pond improvement work 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. 3. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. Erosion barriers shall be placed along the outer edges of the pond site and pond edge and remain place throughout the duration of the project and the surrounding lands have been properly restored. 4. Any new site construction or removal shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. Adopted by the City Council of the City of Mendota Heights this 15"' day of February, 2022. CITY COUNCIL Wani DOTA HEIGHTS r( ne, Mayor ATTEST: Lorri Smith, City Clerk Res. 2022-12 Page 2 of 3 EXHIBIT-A Legal Description PID# 27-04100-41-012 LOTS 2 2124 34 38 41 & LOTS 8 11 &20 EX PT OF LOTS 2 8 11 &20 SHOWN AS PARCEL 212 ON MN DOT R/W PLAT 19-1 & 19-2 & EX PT OF LOT 20 S`LY SE`LY&RLY OF MN DOT R/W PLAT 19-98 & 19-99&PT LOTS 33 AND Tax 40 LYING NE'LY OF LINE BEG NW COR LOT 32 SAID AUDITORS SUBDIVISION NO 34 S 40DI9M49S E 1623.90 FT S 49D40MI IS W 116.57 FT Description S 25D43M58S W 34.93 FT S 3D59M54S W 26.03 FT S 22D1 IM44S E 102.84 FT S 60D54M30S E 35.66 FT S 79D53M3S E 96.57 FT N 51D46M6S E 124.75 FT S 40D19M49S E 180.17 FT TO POINT OF BEGINNING, IN AUDITORS SUBDIVISION NO 34, DAKOTA COUNTY, MINNESOTA. The plat of Resurrection Cemetery was executed in behalf of The Diocese on December 19, 1933 and it was filed with the Register of Deeds of Dakota County December 27, 1933 in Book J of Plats,page 19. TORRENS PROPERTY Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 5511 Res. 2022-12 Page 3 of 3