Res 2022- 15 CUP to Amend PUD L7 B1 Mendota Plaza CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-15
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE
2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT—
FINAL DEVELOPMENT PLAN TO
LOT 7, BLOCK 1, MENDOTA PLAZA EXPANSION ADDITION
[PLANNING CASE NO. 2021-131
WHEREAS At Home Apartments, LLC ("At Homes" or "Applicant" or "Developer") in
cooperation with Mendota Mall Associates, LLC (Paster Properties and as "Owner") has applied
for a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development (PUD)
—Final Development Plan, in order to develop a new 79-unit apartment building known as Phase
III/Lot 7, as proposed under Planning Case 2021-13 (the "Project") and for the 2,04 acre vacant
parcel generally located behind The Mendota Plaza Mall building,north of South Plaza Drive and
east of South Plaza Way, legally described in Exhibit A; and
WHEREAS the conditional use permit to amend the PUD as presented herein would
authorize the construction of a 136,036 square foot apartment building with four stories,containing
no more than 79-units; and
WHEREAS the Mendota Heights Planning Commission took this matter up initially at
their regular meeting of August 24,2021,whereby the commission heard comments and testimony
under a public hearing on this matter, and continued this matter to the October 26, 2021 regular
meeting, whereby the commission heard additional comments and testimony from the Developer
and general public, and upon closing the hearing and follow-up discussion on this item, the
Planning Commission recommended denial (by 6-1 vote) of the conditional use permit to amend
the 2009 Mendota Plaza Planned Unit Development, with certain findings-of-fact supporting said
recommendation of denial: and
WHEREAS on November 3, 2021, the Mendota Heights City Council held a regular
meeting to initially discuss action on determining Planning Case 2021-13, and after receiving
additional comments and testimony from the Developer and general public, elected to table this
matter to the November 16, 2021 meeting; and
WHEREAS, at the November 16, 2021 City Council meeting, the Developer requested
the City Council table the vote on their[original] Phase 111/89-unit apartment proposal to a meeting
in January, 2022, whereby the Developer agreed to work with a council workgroup comprised of
two councilmember (Councilors Duggan and Mazzitello)to work with the Developer and discuss
certain modifications to the size and scope of the proposed Phase III apartment project; and
Res. 2022-1 S Page I of 7
WHEREAS,on December 13,2021,the City hosted a public engagement meeting inviting
the general public to attend and offer comments, concerns, suggestions or ideas to the Developer
regarding their Phase III plan,which included(but not solely limited to)building size,walkability
of the development site and throughout the Plaza area, additional green space of the site and
throughout the Plaza area, and traffic flow in/out of and throughout the Plaza area; and
WHEREAS, on December 16, 2021 the Developer and the Owner met with the council work
group and city staff to discuss suggested revisions to the Phase III Project plans, which included:
A. Provide for more green space by a)redistributing,reducing or eliminating(outdoor)
parking; and b) moving the building to the east;
B. Establish setbacks from adjacent curb lines (rather than the property line) of 15-25
feet, with the clarification that the setback did not need to be the same all the way
around the building;
C. Adjust building size by a) considering a 3-story building; b) reducing the number
of units to a total closer to 60 units,and c)reducing the overall height of the building
by removing the proposed fourth floor or"push"the building deeper in the ground;
D. That suggestions and ideas for changes to the Mendota Plaza were being made
separate from the At Home Apartments, LLC Phase III/Lot 7 application; and over
the course of the public input process for the At Home Apartments housing
proposals, residents and the City Council expressed a desire for: a) additional
greenspace/community space within the [mall's] north parking area; b) additional
native plantings, benches, walking paths and educational signage within the site,
thus reducing hardscape; and c) improvements to traffic patterns and traffic flow;
and
E. The City has committed to studying, in partnership with MNDOT, Dakota County
and residents, the larger resident complaint of traffic on Hwy. 62 and Hwy.
149/Dodd Road, A Traffic Solutions Committee will be established to review this
issue.
WHEREAS the Mendota Heights City Council wishes to adopt written findings-of=fact in
support of the motion to approve Planning Case No. 2021-13, consistent with Minn. Stat. § 15.99;
and
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
conditional use permit(CUP to amend the 2009 Mendota Plaza Planned Unit Development(PUD)
—Final Development Plan as proposed under Planning Case No. 2021-13, is hereby approved with
the following findings of fact:
1) The proposed amendment to the 2009 Mendota Plaza Planned Unit Development
Final Development Plan is consistent with the 2040 Comprehensive Plan. In
particular, the Project is consistent with the City's goal to provide a range of
housing options to enhance the opportunity for people of all generations and in all
stages of life to reside in the City of Mendota Heights. Currently,the City contains
mostly high-end and mid-range valued single-family homes; and this Project
Res. 2022-15 Page 2 of 7
provides much needed multi-family housing stock, consistent with the stated goal
of the Comprehensive Plan. The Project is designed to provide more affordable
units with smaller square footage and high-end amenities, but it will be available to
people of all generations.
2) The Project enhances the City's stated goal in the Comprehensive Plan of
sustainability. The Project promotes sustainability and resilience by utilizing
design features such as a solar arrays on roof, low flow toilets and showerheads,
and single-metered water for each residential unit to encourage conscientious use
of water. The Project includes energy-efficient appliances, poured concrete, and
adequate insulation. The parking is contained within the envelope of the building
to reduce the impervious surface of the apartment building and grounds. The
Project provides for added green space and landscaping to include pollinator
friendly gardens and native trees.
3) The proposed amendment to the 2009 Mendota Plaza Planned Unit Development
Final Development Plan is consistent with the applicable City Code requirements
for such a development in the Mixed Use-PUD zoning district.
4) The Project falls within the density range of 21 —30 units/acre, which is consistent
with the density for a MU-Mixed Use land category in the 2040 Comprehensive
Plan. The City Council specifically accepts and adopts the density calculation as
presented in the Planning Reports dated July 27, 2021, August 24, 2021, and
October 26,2021,all of which were presented to the Planning Commission on those
respective dates, and also the Council Memo Packet Report and information
provided in the February 2, 2022 council packet, which included a density
calculation provided in the presentation to the City Council at the February 2,2022
meeting, all of which are hereby fully incorporated into the approval of this
Resolution.
5) The Project will be an effective and unified treatment of the existing development
within the established PUD.
6) Financing for this proposed development is available and will be provided by the
developer with certain conditions between the developer and their lender, and in an
amount sufficient to assure completion of the proposed apartment development,
which will contribute to the completion of the overall planned unit development in
this MU-PUD district area.
7) The Project utilizes the flexibility of the planned unit development and other zoning
standards to enhance the development of the property, without negatively
impacting surrounding land uses and natural resources.
8) The design of the Project provides reasonable building and parking lot setbacks and
a reasonable number of parking stalls. In particular,the Project provides 21 surface
parking spaces and 125 underground (interior) spaces, for a total of 146 spaces.
Res. 2022-1 S Page 3 of 7
This provides a ratio of 1.85 parking spaces/unit, which is consistent with other
apartment uses in the Mixed Use district.
9) The approved parking ratio of 1.85 spaces per unit serves to encourage more open
space on this site; and helps reduce impervious surfaces.
10) The building and parking setbacks, building architecture and design, building
height and scale, unit sizes and numbers, parking numbers, greenspace, public and
private park and/or outdoor space improvements,impervious surface coverage, and
the overall density of this development as presented with the Phase III Mendota
Heights Apartments Project Plans (dated 01/24/2022 and presented to the City
Council on 02/02/2022), does not pose any threat to the general health, safety and
welfare of the surrounding properties,nor diminishes the usefulness of the planned
development of this property.
11) The Project is not excessive compared to the originally planned development for
the site, which is located proximate to roads with substantial capability to
accommodate traffic generated by the Project. Based upon the traffic analysis
prepared for this application,the proposed development will generate fewer vehicle
trips or daily traffic entering/leaving this area than the original proposed
commercial childcare center development previously proposed in the 2009 PUD.
This 79-unit apartment building is estimated to increase traffic by 428 vehicles on
Dodd Road; yet this predicted increase in traffic is minimal and will not adversely
affect public safety or the general welfare.
12) The Project adequately provides sidewalks to enhance walkability for future
residents of the 79-unit apartment building to encourage residents to access nearby
retail and commercial areas on foot.
13) Construction of the proposed high-density residential development will contribute
to a significant amount of the Metropolitan Council's Year 2040 forecasted
population and household increases.
14) The proposed apartment development use occurs in a residential "Focus Area"
identified in the city's 2040 Comprehensive Plan,and therefore is in character with
other surrounding uses in this mixed-use commercial and high density residential
project area, and the new residents projected for this site will help support and
contribute to the economic sustainability of the surrounding retail and commercial
uses.
15) The Sixth Amendment to the Planned Unit Development Agreement dated
November 2016 provides that Section 3.2 is deleted in its entirety as it relates to the
Mendota Plaza Expansion Second Addition, which includes this Project. Section
3.2 governed the timeframe in which the development must be completed. Since
3.2 was deleted in its entirety, there is currently no completion deadline in place,
and accordingly, there is no timeframe limitation that prevents City Council from
Res. 2022-15 Page 4 of 7
approving this Project. Furthermore, City Council has the authority to adjust the
deadlines for development projects consistent with the City Code,
16) The City has the authority to place reasonable conditions upon the property subject
to this land use request, including a deadline for completion of the Project.
Conditions must be directly related to and roughly proportional to the impact
created by the conditional use permit.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, as proposed
under Planning Case 2021-13, is hereby approved with the following conditions:
1. The Applicant shall draft appropriate amendments to the existing Development
Agreement required by approval of the proposed project, to be reviewed and
approved by the City Attorney and approved by the City Council.
2. Any new final building plan approved under this PUD Amendment shall be
constructed only in conformance to the PUD Plans approved by the city council;
and all approved building and site must be 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.
3. Any drainage and utility easement or any other easements that may be impacted by
the physical placement of the new apartment structure or other improvements must
be vacated and re-established/dedicated as necessary,per the direction of the Public
Works Director.
4. All new signage must comply with the sign standards in the Mendota Heights Plaza
PUD Agreement.
5. A park dedication fee of$4,000/residential unit shall be paid at time of building
permit approval.
6. Rooftop mechanical units shall be of a low profile variety. All ground-level and
rooftop mechanical utilities, other than low profile rooftop units, shall be
completely screened with one or more of the materials used in the construction of
the principal structure, to be reviewed by the Planning Department and verified as
part of the building permit review process.
7. A final landscape plan shall be submitted to the City and reviewed by the city's
Natural Resources Coordinator and Community Development Director for
approval; and all new trees and plant material shall be designed to comply with the
city's pollinator friendly and native plantings policy; all landscaped areas shall be
irrigated; and plants used to provide an effective screening element for building
utility areas.
Res. 2022-15 .Page 5 of 7
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(V/2) times the value of such screening,
landscaping, or other improvements, to be included as part of the Development
Agreement.
9. The owner, tenant and 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.
10. The proposed water system shall be designed and constructed to Saint Paul
Regional Water Service (SPRWS) standards.
It. 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.
12. Building and grading permits shall be obtained from the City prior to
commencement of any construction.
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 and
other fire safety measures or improvements as determined by the city's Fire
Marshal and/or Building Official.
14. The building permit for the new 79-unit apartment building (Phase III/Lot 7) will
not be issued or approved until completion of Phase 11----58-Unit Apartments by the
Developer.
Adopted by the City Council of the City of Mendota Heights this 15th day of February, 2022.
CITY COUNCIL
CITY OF AJENDOTA HEIGHTS
Mayor StiKphanie Levine
ATTEST
Lorri Smith, City Clerk
Res. 2022-15 Page 6 of 7
EXHIBIT A
Legal Description
PID No. 27-48401-01-070
Lot 7, Block 1, Mendota Plaza Expansion Addition, Dakota County, Minnesota.
(Abstract Property)
Drafted by: City of Mendota.Heights
1101 Victoria Curve
Mendota Heights, MN 5 5 11 S
Res. 2022-15 Page 7 of 7
3532480
Receipt:# 836812
COND $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 4/l/2022 9:52 AM
By: AS, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
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 2022-15 Approve a Conditional
Use Permit for a Planned Unit Development - Phase III, Lot 7, At Home
Apartments is an exact copy of the resolution on file in my office adopted by the
Mendota Heights City Council.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-15
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE
2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT —
FINAL DEVELOPMENT PLAN TO
LOT 7, BLOCK 1, MENDOTA PLAZA EXPANSION ADDITION
[PLANNING CASE NO. 2021-131
WHEREAS At Home Apartments, LLC ("At Homes" or "Applicant" or "Developer") in
cooperation with Mendota Mall Associates, LLC (Paster Properties and as "Owner") has applied
for a conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development (PUD)
— Final Development Plan, in order to develop a new 79-unit apartment building known as Phase
III/Lot 7, as proposed under Planning Case 2021-13 (the "Project") and for the 2,04 acre vacant
parcel generally located behind The Mendota Plaza Mall building, north of South Plaza Drive and
east of South Plaza Way, legally described in Exhibit A; and
WHEREAS the conditional use permit to amend the PUD as presented herein would
authorize the construction of a 136,036 square foot apartment building with four stories, containing
no more than 79-units; and
WHEREAS the Mendota Heights Planning Commission took this matter up initially at
their regular meeting of August 24, 2021, whereby the commission heard comments and testimony
under a public hearing on this matter, and continued this matter to the October 26, 2021 regular
meeting, whereby the commission heard additional comments and testimony from the Developer
and general public, and upon closing the hearing and follow-up discussion on this item, the
Planning Commission recommended denial (by 6-1 vote) of the conditional use permit to amend
the 2009 Mendota Plaza Planned Unit Development, with certain findings -of -fact supporting said
recommendation of denial: and
WHEREAS on November 3, 2021, the Mendota Heights City Council held a regular
meeting to initially discuss action on determining Planning Case 2021-13, and after receiving
additional comments and testimony from the Developer and general public, elected to table this
matter to the November 16, 2021 meeting; and
WHEREAS, at the November 16, 2021 City Council meeting, the Developer requested
the City Council table the vote on their [original] Phase 111/89-unit apartment proposal to a meeting
in January, 2022, whereby the Developer agreed to work with a council workgroup comprised of
two councilmember (Councilors Duggan and Mazzitello) to work with the Developer and discuss
certain modifications to the size and scope of the proposed Phase III apartment project; and
Res. 2022-1 S Page I of 7
WHEREAS, on December 13, 2021, the City hosted a public engagement meeting inviting
the general public to attend and offer comments, concerns, suggestions or ideas to the Developer
regarding their Phase III plan, which included (but not solely limited to) building size, walkability
of the development site and throughout the Plaza area, additional green space of the site and
throughout the Plaza area, and traffic flow in/out of and throughout the Plaza area; and
WHEREAS, on December 16, 2021 the Developer and the Owner met with the council work
group and city staff to discuss suggested revisions to the Phase III Project plans, which included:
A. Provide for more green space by a) redistributing, reducing or eliminating (outdoor)
parking; and b) moving the building to the east;
B. Establish setbacks from adjacent curb lines (rather than the property line) of 15-25
feet, with the clarification that the setback did not need to be the same all the way
around the building;
C. Adjust building size by a) considering a 3-story building; b) reducing the number
of units to a total closer to 60 units, and c) reducing the overall height of the building
by removing the proposed fourth floor or "push" the building deeper in the ground;
D. That suggestions and ideas for changes to the Mendota Plaza were being made
separate from the At Home Apartments, LLC Phase III/Lot 7 application; and over
the course of the public input process for the At Home Apartments housing
proposals, residents and the City Council expressed a desire for: a) additional
greenspace/community space within the [mall's] north parking area; b) additional
native plantings, benches, walking paths and educational signage within the site,
thus reducing hardscape; and c) improvements to traffic patterns and traffic flow;
and
E. The City has committed to studying, in partnership with MNDOT, Dakota County
and residents, the larger resident complaint of traffic on Hwy. 62 and Hwy.
149/Dodd Road, A Traffic Solutions Committee will be established to review this
issue.
WHEREAS the Mendota Heights City Council wishes to adopt written findings-of=fact in
support of the motion to approve Planning Case No. 2021-13, consistent with Minn. Stat. § 15.99;
and
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
conditional use permit (CUP to amend the 2009 Mendota Plaza Planned Unit Development (PUD)
— Final Development Plan as proposed under Planning Case No. 2021-13, is hereby approved with
the following findings of fact:
1) The proposed amendment to the 2009 Mendota Plaza Planned Unit Development
Final Development Plan is consistent with the 2040 Comprehensive Plan. In
particular, the Project is consistent with the City's goal to provide a range of
housing options to enhance the opportunity for people of all generations and in all
stages of life to reside in the City of Mendota Heights. Currently, the City contains
mostly high -end and mid -range valued single-family homes; and this Project
Res. 2022-15 Page 2 of 7
provides much needed multi -family housing stock, consistent with the stated goal
of the Comprehensive Plan. The Project is designed to provide more affordable
units with smaller square footage and high -end amenities, but it will be available to
people of all generations.
2) The Project enhances the City's stated goal in the Comprehensive Plan of
sustainability. The Project promotes sustainability and resilience by utilizing
design features such as a solar arrays on roof, low flow toilets and showerheads,
and single -metered water for each residential unit to encourage conscientious use
of water. The Project includes energy -efficient appliances, poured concrete, and
adequate insulation. The parking is contained within the envelope of the building
to reduce the impervious surface of the apartment building and grounds. The
Project provides for added green space and landscaping to include pollinator
friendly gardens and native trees.
3) The proposed amendment to the 2009 Mendota Plaza Planned Unit Development
Final Development Plan is consistent with the applicable City Code requirements
for such a development in the Mixed Use-PUD zoning district.
4) The Project falls within the density range of 21— 30 units/acre, which is consistent
with the density for a MU -Mixed Use land category in the 2040 Comprehensive
Plan. The City Council specifically accepts and adopts the density calculation as
presented in the Planning Reports dated July 27, 2021, August 24, 2021, and
October 26, 2021, all of which were presented to the Planning Commission on those
respective dates, and also the Council Memo Packet Report and information
provided in the February 2, 2022 council packet, which included a density
calculation provided in the presentation to the City Council at the February 2, 2022
meeting, all of which are hereby fully incorporated into the approval of this
Resolution.
5) The Project will be an effective and unified treatment of the existing development
within the established PUD.
6) Financing for this proposed development is available and will be provided by the
developer with certain conditions between the developer and their lender, and in an
amount sufficient to assure completion of the proposed apartment development,
which will contribute to the completion of the overall planned unit development in
this MU-PUD district area.
7) The Project utilizes the flexibility of the planned unit development and other zoning
standards to enhance the development of the property, without negatively
impacting surrounding land uses and natural resources.
8) The design of the Project provides reasonable building and parking lot setbacks and
a reasonable number of parking stalls. In particular, the Project provides 21 surface
parking spaces and 125 underground (interior) spaces, for a total of 146 spaces.
Res. 2022-1 S Page 3 of 7
This provides a ratio of 1.85 parking spaces/unit, which is consistent with other
apartment uses in the Mixed Use district.
9) The approved parking ratio of 1.85 spaces per unit serves to encourage more open
space on this site; and helps reduce impervious surfaces.
10) The building and parking setbacks, building architecture and design, building
height and scale, unit sizes and numbers, parking numbers, greenspace, public and
private park and/or outdoor space improvements, impervious surface coverage, and
the overall density of this development as presented with the Phase 111 Mendota
Heights Apartments Project Plans (dated 01/24/2022 and presented to the City
Council on 02/02/2022), does not pose any threat to the general health, safety and
welfare of the surrounding properties, nor diminishes the usefulness of the planned
development of this property.
11) The Project is not excessive compared to the originally planned development for
the site, which is located proximate to roads with substantial capability to
accommodate traffic generated by the Project. Based upon the traffic analysis
prepared for this application, the proposed development will generate fewer vehicle
trips or daily traffic enterinb"leaving this area than the original proposed
commercial childcare center development previously proposed in the 2009 PUD.
This 79-unit apartment building is estimated to increase traffic by 428 vehicles on
Dodd Road; yet this predicted increase in traffic is minimal and will not adversely
affect public safety or the general welfare.
12) The Project adequately provides sidewalks to enhance walkability for firture
residents of the 79-unit apartment building to encourage residents to access nearby
retail and commercial areas on foot.
13) Construction of the proposed high -density residential development will contribute
to a significant amount of the Metropolitan Council's Year 2040 forecasted
population and household increases.
14) The proposed apartment development use occurs in a residential "Focus Area"
identified in the city's 2040 Comprehensive Plan, and therefore is in character with
other surrounding uses in this mixed -use commercial and high density residential
project area, and the new residents projected for this site will help support and
contribute to the economic sustainability of the surrounding retail and commercial
uses.
15) The Sixth Amendment to the Planned Unit Development Agreement dated
November 2016 provides that Section 3.2 is deleted in its entirety as it relates to the
Mendota Plaza Expansion Second Addition, which includes this Project. Section
3,2 governed the timefrarne in which the development must be completed. Since
3.2 was deleted in its entirety, there is currently no completion deadline in place,
and accordingly, there is no timeframe limitation that prevents City Council from
Res. 2022-15 Page 4 of 17
approving this Project, Furthermore, City Council has the authority to adjust the
deadlines for development projects consistent with the City Code.
16) The City has the authority- to place reasonable conditions upon the property subject
to this land use request; including a deadline for completion of the Project.
Conditions must be directly related to and roughly proportional to the impact
created by the conditional use permit.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
conditional use permit to amend the 2009 Mendota Plaza Planned Unit Development, as proposed
under Planning Case 2021-13, is hereby approved with the following conditions:
1. The Applicant shall draft appropriate amendments to the existing Development
Agreement required by approval of the proposed project, to be reviewed and
approved by the City Attorney and approved by the City Council.
2. Any new final building plan approved under this PUD Amendment shall be
constructed only in conformance to the PUD Plans approved by the city council;
and all approved building and site must be 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.
Any drainage and utility easement or any other easements that may be impacted by
the physical placement of the new apartment structure or other improvements must
be vacated and re-established/dedicated as necessary, per the direction of the Public
Works Director.
4. All new signage must comply with the sign standards in the Mendota Heights Plaza
PUD Agreement.
5. A parr dedication fee of $4,000/residential unit shall be paid at time of building
permit approval,
6. Rooftop mechanical units shall be of a low profile variety. All ground -level and
rooftop mechanical utilities, other than low profile rooftop units; shall be
completely screened with one or more of the materials used in the construction of
the principal structure, to be reviewed by the Planning Department and verified as
part of the building permit review process,
A final landscape plan shall be submitted to the City and reviewed by the city's
Natural Resources Coordinator and Cormnunity Development Director for
approval; and all new trees and plant material shall be designed to comply with the
city's pollinator friendly and native plantings policy; all landscaped areas shall be
irrigated; and plants used to provide an effective screening element for building
utility areas.
Res. 2022-15 Page 5 of 7
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 (1 a/2) times the value of such screening,
landscaping, or other improvements, to be included as part of the Development
Agreement.
9. The owner, tenant and 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.
10. The proposed water system shall be designed and constructed to Saint Paul
Regional Water Service (SPRWS) standards.
11. 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.
12. Building and grading permits shall be obtained from the City prior to
commencement of any construction.
13. All applicable fire and building codes, as adopted/amended by the City, shall apply
and the buildings shall be fially-protected by an automatic fire sprinkler system and
other fire safety measures or improvements as determined by the city's Fire
Marshal and/or Building Official.
14. The building permit for the new 79-unit apartment building (Phase III/Lot 7) will
not be issued or approved until completion of Phase 11— 58-Unit Apartments by the
Developer.
Adopted by the City Council of the City of Mendota Heights this 15th day of February, 2022.
CITY COUNCIL
CITY OF NJENDOTA HEIGHTS
Mayor St phanie Levine
ATTEST
LIS
Lorri Smith, City Clerk
Res. 2022-15 Page 6 of 7
EXHIBIT A
Legal Description
PID No. 27-48401-01-070
Lot 7, Block 1, Mendota Plaza Expansion Addition, Dakota County, Minnesota.
(Abstract Property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5 5 11S
Res. 2022-15 Page 7 of 7