Res 2022-68 Approving MRCCA Permit 1010 Sibley Memorial3558449
Receipt:# 862510
RES $46.00
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5072 NORTH 300 W
PROVO UT 54604
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Recorded on: 9/19/2022 10:07 AM
By: CAC, 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, Christine Lusian, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2022-68 RESOLUTION APPROVING A
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO
MICHAEL FRATTALLONE AND PROPERTY LOCATED AT 1010 SIBLEY
MEMORIAL HIGHWAY [PLANNING CASE NO. 2022-14] is an exact copy of the
resolution on file in my office adopted by the Mendota Heights City Council on September 6,
2022.
Signed and sealed by my hand on this 6 day of September 2022.
Christine Lusian, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-68
RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
(MRCCA) PERMIT TO MICHAEL FRATTALLONE AND PROPERTY LOCATED AT
1010 SIBLEY MEMORIAL HIGHWAY
[PLANNING CASE NO.2022-141
WHEREAS, Michael Frattallone (the "Owner/Applicant") applied for a Mississippi River
Corridor Critical Area (MRCCA) permit for land disturbance and vegetation removal activities on
the property located at 1010 Sibley Memorial Highway (State Trunk Highway 13), and legally
described in Exhibit A (the "Subject Property"); and
WHEREAS, the site improvements and upgrades by the Applicant include the following:
(i) new grading (land disturbance) to place a new open recreation turf grass area; (ii) vegetation
clearing and removal of dead/diseased/infected trees, removal of buckthorn and other invasive
plantings — including Canada thistle and others; (iii) replanting of trees and native planting
materials for buffer protections, understory plantings and slope stability measures; and (iv) a new
sand volleyball court, all proposed and presented under Planning Application No. 2022-14; and
WHEREAS, the Subject Property is guided LA — Low Density Residential in the 2040
Comprehensive Plan, zoned R-1 One Family Residential, and is situated in the Mississippi River
Corridor Critical Area Overlay District; and
WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area
Overlay District, a permit is required to approve any new development activities involving a
building permit, land disturbance, vegetation removal, or special zoning approval, and the
Applicant is seeking permission for certain site improvements, including grading, clearing and
planting of certain trees and materials throughout the site, all under the rules and standards
established by the Mississippi River Corridor Critical Area Overlay District ordinance and
standards; and
WHEREAS, on August 23, 2022, the Mendota Heights Planning Commission conducted
a public hearing on the proposed MRCCA Permit application, and whereupon closing the hearing,
recommended favorably (5-1 vote) to approve the MRCCA Permit to the Applicant, which would
allow certain site improvements as noted herein and on the Subject Property, with certain
conditions and finding -of -fact to support said approval.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that
the MRCCA Permit proposed under Planning Case No. 2022-14, may be approved, based on the
following findings of fact:
1. The proposed site improvements and construction activities of grading and
replanting (restoring) the areas of the subject property are deemed minimally
invasive; necessary to correct erosion issues and help reduce stormwater runoff or
negative impacts to the adjacent natural environment and properties.
2. The overall construction of these site improvements, including new trees and
landscaping, will comply with all standards and regulations of the MRCCA
Ordinance.
The improvement and construction work as detailed in this report and on the
landscape, plan is all reasonable and within the spirit and intent established under
the MRCCA Overlay District regulations.
4. The proposed work will not be detrimental to the health, safety or general welfare
of the community; does not create any known hazards; will not seriously depreciate
surrounding property value; and is in harmony with the general purpose and intent
of the City Code and the Comprehensive Plan.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the MRCCA
Permit requested by the Applicant and proposed under Planning Case No. 2022-14, which would
allow the necessary site improvements and upgrades on the Subject Property, is hereby approved
with the following conditions:
The new improvements and work described, illustrated and detailed on the
"Landscape Plan- Frattallone Residence — 1010 Sibley Memorial Hwy." and any
other plans related to this project, shall be the only work or improvements allowed
and approved under this new MRCCA Permit.
2. All new native plantings will be consistent the MN Savanna Mix — Shortgrass seed
planting list as provided by the Applicant. The backyard space shall be planted
with a woodland sedge grass planting seed mix and wildflower seed mix.
3. No existing trees or vegetation is allowed to be removed unless they are identified
as diseased, dying, or dead, or considered invasive or noxious vegetation. Any
other trees or vegetation requested to be removed by the Applicant must be
reviewed and approved by the city's Natural Resources Coordinator.
4. Full erosion and sedimentation measures will be put in place prior to and during
any new grading, planting and construction work activities.
5. All grading and construction activity will follow applicable federal, state, and local
regulations and codes, as well as in compliance with the City's Land Disturbance
Guidance Document. The Applicants must submit and receive a SWPP Permit and
NPDES Permit (if necessary) prior to start of any new construction work.
6. All work on site will only be performed between the hours of 7:00 AM and 8:00
PM Monday through Friday; 9:00 AM to 5:00 PM weekends.
Res. 2022-68 Page 2 of 4
The City will issue a certificate of compliance after the vegetation restoration plan
requirements have been completed to the satisfaction of Public Works Director.
The loss of trees on the south side of the property be evaluated for replanting; and
the Applicant will agree to re -plant fourteen (14) new trees (to replace the 14
removed from the front yard space) throughout the property.
9. A three-year maintenance plan shall be required and submitted to city staff.
Adopted by the City Council of the City of Mendota Heights this 6"' day of September, 2022
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie _ evine, Mayor
ATTEST:
i'
f-
Christine L�an, City Clerk
Drafted by: City of Mendota Heights
I101 Victoria Curve
Mendota Heights, MN 55118
Res. 2022-68 Page 3 of 4
EXHIBIT A
PROPERTY ADDRESS: 1010 Sibley Memorial Highway, Mendota Heights, MN 55118
PID: 27-03700-08-011 and 27-03700-08-012
LEGAL. DESCRIPTION:
Real property in the County of Dakota, State of Minnesota, described as follows:
The West One Hundred Twenty feet (120') and the South Three Hundred Eighty-five feet (385')
of Lot 8, Auditors Subdivision No. 2 Mendota;
and
Lot 8, Auditors Subdivision No. 2 Mendota, except for the West One Hundred Twenty feet (120)
and the South Three Hundred Eighty-five feet (385') of said Lot 8, Auditors Subdivision No. 2
Mendota.
Res. 2022-68 Page 4 of 4