Res 2007- 54 Approving Final PUD Plan/Plat for Lemay ShoresCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 07 -54
A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT FINAL
DEVELOPMENT PLAN, FINAL PLAT, AND DEVELOPMENT AGREEMENT FOR
LEMAY SHORES
WHEREAS, Mr. Pat Hoffinan, on behalf of Hoffinan- Mendota Shores, LLC, has
applied for a Final Development Plan for a Planned Unit Development and Final Plat, for LeMay
Shores [see attached legal description] as proposed in Planning Case #07 -04; and
WHEREAS, the City Council at their regular meeting on March 6, 2007 approved an
application from Hoffman- Mendota Shores, LLC for a Development Stage PUD, Preliminary
Plat and Wetlands Permit for LeMay Shores (Planning Case #07 -04),
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Mendota Heights that a PUD Final Development Plan and Final Plat, for LeMay Shores as
proposed in Planning Case #07 -04 is hereby approved with the following conditions:
1. The applicant and the City shall enter into a Development Agreement for the property
prior to any final approvals for the project.
2. The plans shall be subject to review and approval by the City Engineering staff, the Fire
Department, and the Police Department prior to any final approvals for the project.
3. The Developer shall enter into a no -use or conservation easement agreement with
Catholic Cemeteries on a portion of the land designated as exception on the plat.
4. The Developer must obtain access and right of way permits from the Minnesota
Department of Transportation.
BE IT FURTHER RESOLVED that in support of the above approval, the Council
hereby makes the following Findings of Fact:
1. The proposed LeMay Shores is consistent with the intent of the R -1 District and the
standards of the Aircraft Noise Attenuation ordinance.
2. The project land use is consistent with the recently amended Comprehensive Plan.
3. The proposed development is significantly lower in residential density thant the
allowance for areas designated as low density residential.
4. The proposed project utilizes the Planned Unit Development (PUD) zoning
flexibility to enhance the development of the property by placing units in areas that
will minimize impacts on adjoining land uses.
5. The proposed project is consistent with the requirements of the PUD section of the
City's zoning ordinance.
6. The flexibility requested by the applicant for the subject PUD will not result in
negative impacts on neighboring property or land uses.
7. The proposed plan has been designed to minimize impacts on the wetland areas and
the vegetation adjoining the wetland areas.
8. The proposed plan has been designed to maximize the preservation of natural views
for adjoining property owners.
9. The trail connections proposed in the plan will facilitate recreational opportunities in
this portion of the community.
BE IT FURTHER RESOLVED that the Planned Unit Development Final Development
Plan and Final Plat for Lemay Shores as proposed in Planning Case #07 -04 under the above
conditions would not have an adverse impact on the health, safety, and general welfare of the
citizens of the community and the surrounding land, and would not be adverse to the general
purpose and intent of the Zoning Ordinance.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to
execute the Development Agreement with Hoffman- Mendota Homes, LLC.
Adopted by the City Council of the City of Mendota Heights this 5h day of June, 2007.
ATTEST:
By
Kathl en M. Swanson, City Clerk
CITY COUNCIL
CITY OF ME"N]DOTA HEIGHTS
By l
John Hub , ayor
LEGAL DESCRIPTION & PIN
All of Lots 29, 30, 31, and 35, all in AUDITOR'S SUBDIVISION NO. 34, MENDOTA,
according to the recorded plat thereof on file and of record in the Office of the Registrar
of Titles, Dakota County, Minnesota.
Umn
That part of Lots 37 and 38 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA,
which lies southerly, southeasterly and easterly of MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLATS NO. 19 -95 AND 19 -96, according to
the recorded plats thereof on file and of record in the Office of the County Recorder,
Dakota County, Minnesota.
we
That part of Lot 40 of sold AUDITOR'S SUBDIVISION NO. 34, MENDOTA which lies
easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
PLAT NO. 19 -96 and which lies southwesterly of the following described line:
Beginning at the northwest corner of sold Lot 32; thence southeasterly to a point on the
east line of said Lot 40, distant 252.87 feet south from the northeast corner of said Lot 40
and said described line there terminating.
. ,
That part of Lots 32 and 33 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA,
which lies southwesterly of the following described line:
Beginning at the northwest corner of said Lot 32; thence southeasterly to a point on the
east line of said Lot 40, distant 252.87 feet south from the northeast corner of said Lot 40
and said described line there terminating.
Lot 39 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA except on -half acre of
said Lot 39, conveyed to Golde Conoyor, by deed recorded in the Office of the Register
of Deeds of Dakota County, Minnesota, in Book "Z -2 of Deed, page 92 ".
Except that part of said Lots 33 and 40 described as follows: Commencing at the
northwest corner of said Lot 32; thence southeasterly to a point on the east line of said lot
40, distant 252.87 feet south from the northeast corner of said lot 40; thence North 40
degrees 19 minutes 49 seconds West along last course 180.17 feet to the point of
beginning of said Exception; thence continuing North 40 degrees 19 minutes 49 seconds
West 242.93 feet; thence South 49 degrees 40 minutes 11 seconds West 116.57 feet;
thence South 25 degrees 43 minutes 58 seconds West 34.93 feet; thence South 03 degrees
59 minutes 54 seconds South West 26.03 feet; thence South 22 degrees 11 minutes 44
seconds East 102.84 feet; thence South 60 degrees 54 minutes 30 seconds East 35.66 feet;
thence South 79 degrees 53 minutes 03 seconds East 96.57 feet to the intersection with a
line drawn South 51 degrees 46 minutes 06 seconds West from the point of beginning;
thence North 51 degrees 46 minutes 06 seconds East 124.75 feet to the point of
beginning.
Property ID #Is: 27-04100-010-29;
27-04100-101-41;
27-04100-010-31;
27-04100-101-32;
27-04100-010-35;
27-04100-101-37;
27-04100-010-39;
27-04100-010-40