Res 2009- 11 Approving Prel Planned Unit Development @ 750 Hwy 110CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 09 -11
A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT
DEVELOPMENT FOR 750 HIGHWAY 110
WHEREAS, Mr. Ken Henk, on behalf of Mendota Mall Associates, has applied
for a Preliminary Planned Unit Development, Preliminary Plat, Rezoning Request,
Wetlands Permit and Conditional Use Permit for grading 750 Highway 110 [see attached
legal description] as proposed in Planning Case #08 -11; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on July 22, 2008; and
WHEREAS, The Planning Commission recommended that the Council approve
the Preliminary Planned Unit Development, Preliminary Plat, Rezoning Request,
Wetlands Permit and Conditional Use Permit for grading 750 Highway 110 as presented
to the Planning Commission on the evening of July 22, 2008 and as shown in Planning
Case #08 -11;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Preliminary Planned Unit Development for 750 Highway
110 as proposed in Planning Case #08 -11 is hereby approved with the following
conditions.
1. Park Dedication —10% of the land value of unimproved property, as determined
by the 2008 Dakota County Assessment. Park dedication is due with the Final
PUD and Development Agreement.
2. Applicant shall enter into a Development Agreement with the City and pay all
applicable fees and securities. The Development Agreement is subject to the
review of the City Attorney and approval of the City Council. The Development
Agreement shall be in a form substantially similar to the draft Development
Agreement which has been provided to the applicant and shall address the
outstanding issues which have been discussed with the applicant including, but
not limited to:
a. Hours of operation for retail use
b. Complete development schedule
c. Performance bond or other security for completion of development
landscaping
d. Building height and material
e. Building setbacks
f. Signage
g. Lighting
h. Easements
i. Traffic improvements
j. Site landscaping and maintenance
k. Park dedication
BE IT FURTHER RESOLVED that in support of the above approval, the
Council hereby makes the following Findings of Fact:
1. The planned unit development is consistent with the comprehensive plan of
the community;
2. The planned unit development is an effective and unified treatment of the
development possibilities on the project site and the development plan
provisions for The preservation of unique natural amenities such as streams,
stream banks, wooded cover, rough terrain, and similar areas;
3. The planned unit development can be planned and developed to harmonize
with any existing or proposed development in the areas surrounding the
project site; and
4. Financing is available to the applicant on conditions and in an amount which
is sufficient to assure completion of the planned unit development.
Adopted by the City Council of the City of Mendota Heights this 20th day of January,
2009.
ATTEST:
By geen ��,
Kath M. Swanson, City Clerk
CITY COUNCIL
CITY OF A H TS
By Jo e , ;:D
_a