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Res 2024-07 Approve CUP Planning Case 2023-08CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-07 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR COMMERCIAL RECREATION USE IN THE I -INDUSTRIAL DISTRICT LOCATED AT 1415 MENDOTA HEIGHTS ROAD PLANNING CASE 2023-28 WHEREAS, Glenn Baron, (the Applicant and Owners' representative of Lamar, LLC), requests approval of a Conditional Use Permit (CUP) under Planning Case No. 2023-28, which would allow a new outdoor commercial recreation use accessory to the approved indoor commercial recreation use located at 1415 Mendota Heights Road, and legally described on Exhibit A; and WHEREAS, the subject property is guided Industrial in the 2040 Comprehensive Plan and situated in the I -Industrial Zoning District, and WHEREAS, Title 12-1G-2 of the City Code allows certain "outdoor commercial recreation" uses by Conditional Use Permit in the Industrial District, and the proposed outdoor Padel and Pickleball courts meet the qualifications and definitions as an outdoor recreational use accessory to an approved indoor recreational use; and WHEREAS, on November 28, 2023 and January 30, 2024, the Mendota Heights Planning Commission held a public hearing on this planning case item, whereby planning reports were presented and received by the commission, and comments from the applicant and public were allowed, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve the request from Glenn Baron for the CUP, which would allow the proposed outdoor commercial recreation use, located at 1415 Mendota Heights Road, as proposed and presented under Planning Case No. 2023-28, with certain conditions identified herein and specific findings -of -fact to support said approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2023-28 is hereby affirmed, and the Conditional Use Permit requested for the property located at 1415 Mendota Heights Road is approved based on the following findings -of -fact. 1. The Proposed outdoor recreation use (padel and pickleball courts) is consistent with the adopted Comprehensive Plan and the Zoning Ordinance for property in the Industrial district. 2. The proposed principal and accessory use are an adaptive reuse of an industrial building which is consistent with the City's goals for reinvestment and redevelopment with the industrial zoning district. Res. No. 2024-07 Page 1 1 3. The proposed outdoor padel and pickleball courts are accessory to the principal use of The Heights Racquet and Social Club which is an indoor commercial recreation use. 4. With the conditions included herein, the site will provide adequate parking for the multi - tenant building. All parking will be accommodated on -site and no adverse impacts off - site are anticipated. 5. The proposed outdoor recreation use of padel and pickleball courts is consistent with the surrounding light industrial uses and will not adversely impact the value of surrounding properties. 6. Parking is adequately provided onsite, and there will not be negative impacts to traffic flow on the surrounding roadway network. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit requested for the property located at 1415 Mendota Heights Road is hereby approved, with the following conditions: 1. All parking for the multi -tenant building must be accommodated on site. Any indication that the site is under parked may result in required amendments to the Site Plan and/or the Conditional Use Permit. 2. The hours of operation for the Outdoor Commercial Recreation (Padel and Pickleball Courts) shall be seasonal and limited to 7:00 AM to Dusk. 3. No additional exterior lighting was reviewed or approved as part of the Conditional Use Permit. Any exterior lighting, if related to lighting of the Pickleball/Padel courts, may require an amendment to the Permit. 4. The Applicant must obtain all necessary permits from the Public Works Director and comply with the Land Disturbance requirements. 5. The Applicant must obtain all required City permits, including but not limited to, a Grading Permit and Building Permit. 6. The Applicant must obtain any necessary permits from all applicable agencies with jurisdiction over the project. Adopted by the City Council of the City of Mendota Heights this 6th day of February 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS • Cf 4 2 Step'hanie'B. Levine, Mayor Res. No. 2024-07 Page 12 ATTEST: ,V frevtorR °-----5- Nanney Bauer, City Clerk Res. No. 2024-07 Page I3 EXHIBIT A Address: 1415 Mendota Heights Road PIN: 270330078070 Legal Description* THE NORTH 430.00 FEET OF THE SOUTH 1,750 FEFT OF THE EAST 660 FEET OF GOVERNMENT LOT 1 & 2, EXCEPT THE SOUTH 40 FEFT, SECTION 33 TOWNSHIP 28 RANGE 23, DAKOTA COUNTY, MINNESOTA; AND EXCLUDING PARCEL NO. 46D OF MINNESOTA DOT R/W MAP 19-93. [Abstract Property] Res. No. 2024-07 Page 14