Res 2007- 19 Approving PUD/Plat for Lemay ShoresCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 07-19
A RESOLUTION APPROVING A DEVOLPMENT STAGE PLANNED UNIT
DEVELOPMENT, PRELIMINARY PLAT, AND WETLANDS PERMIT FOR
LEMAY SHORES
WHEREAS, Mr. Pat Hoffinan, on behalf of Hoffman- Mendota Shores, LLC, has
applied for a Development Stage Planned Unit Development, Preliminary Plat, and Wetlands
Permit Comprehensive Plan Amendment for LeMay Shores [see attached legal description] as
proposed in Planning Case #07-04; and
WHEREAS, The Planning Commission held a public hearing on this application at their
regular meeting on February 27, 2007; and
WHEREAS, the City Planner recommended approval of this application; and
WHEREAS, The Planning Commission recommended that the Council approve the
Development Stage Planned Unit Development, Preliminary Plat, and Wetlands Permit
for LeMay Shores as presented to the Planning Commission on the evening of February 27, 2007
and as shown in Planning Case #07-04;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Mendota Heights that a Development Stage Planned Unit Development, Preliminary Plat, and
Wetlands Permit for LeMay Shores as proposed in Planning Case #07-04 is hereby approved
with the following conditions.
1. All information regarding grading, drainage, and utilities shall be subject to the
review of the Public Works Director.
2. Street construction and cul-de-sac configuration is modified according to
recommendations of the Public Works Director.
3. The developer shall dedicate a conservation easement over Outlots A and B.
4. Any new structures in this project will not be eligible for future noise mitigation
under the Federal Aviation Administration Part 150 noise program for MSP, or any
MSP remedial mitigation programs, and require a statement to that effect be filed
against the deed for each property.
5. Sales/marketing materials presented to prospective buyers should include
notification of aircraft noise impact.
6. An aircraft noise impact notice should be filed against the deed in conjunction with
each closing agreement.
7. Residential structures should be evaluated by an independent acoustic expert, to
improve upon the acoustic performance experienced with the Augusta Shores
project, with the objective of providing outdoor-to-indoor noise attenuation that
provides residents the most protection feasible for speech and sleep interference
from aircraft noise.
That, similar to the Augusta Shores project, the overall project design should limit
exterior uses and the proposed "Townhomes" should be marketed to "empty nest"
buyers.
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 Development Stage Planned Unit
Development, Preliminary Plat, and Wetlands Permit 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.
Adopted by the City Council of the City of Mendota Heights this 6r'' day of March, 2007.
ATTEST:
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF TA HEIGHTS
By _
John er, yor
LEGAL DESCRIPTION & PIN
All of Lots 29, 30,3 1, 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.
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.
"TINT41 4
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 ".
Property ID #'s: 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