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Res 2005- 85 Final Plan/Plat for MF Dev @ 820/840 Sibley Memorial Hwya CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05 -85 A RESOLUTION APPROVING A PUD FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR A MULTI - FAMILY RESIDENTIAL REDEVELOPMENT AT 820/840 SIBLEY MEMORIAL HIGHWAY WHEREAS, Mr. Dave Menke, on behalf of OPUS Northwest, LLC, has applied for a PUD Final Development Plan and Final Plat for a Multi - Family Residential Redevelopment at 820/840 Sibley Memorial Highway [see attached legal description] as proposed in Planning Case #05 -08; and WHEREAS, the City Council, at their regular meeting on June 29, 2005 approved an application from OPUS for a Conditional Use Permit for a Planned Unit Development, Comprehensive Plan Amendment, Rezoning, Subdivision, Critical Area Penniit, Conditional Use Permit for Fill, and Variance for Impervious Surface for a Multi - Family Redevelopment at 820 and 840 Sibley Memorial Highway (Planning Case #05- 08), 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 a Multi - Family Residential Redevelopment for 820/840 Sibley Memorial Highway as proposed in Planning Case #05 -08 is hereby approved on the following conditions: 1. The applicant shall increase the front setbacks for side - loaded garage units adjacent to the "public ring road" to a minimum of 10 feet. 2. The applicant shall increase the front setbacks for front - loaded garage units adjacent to the "public ring road" in most cases to a minimum of 26 feet as shown on the plan submitted to Council for their June 29, 2005 meeting, but in no case less than 20 feet. 3. The impervious surface coverage for the development shall be limited to 28% of the total site. 4. The applicant shall pay the required Park Dedication in the form of cash ($2700 per residential unit), according to the method described in the Development Agreement executed between the City and the Developer. 5. The applicant and the City shall enter into a Contract for Development for the property prior to any final approvals for the project. 6. 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. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The Comprehensive Plan Amendment is not likely to create significant burden on regional systems, and is consistent with metropolitan planning objectives. 2. The density of residential units for the project (110 units /25 acres = 4.4 units /acre) as proposed in Planning Case #05 -08 is appropriate for the property along Sibley Memorial Highway. 3. The project design as shown in the materials presented for Planning Case #05 -08 is consistent with the requirements of the Critical Area regulations. 4. The variance as outlined in the application for Planning Case #05 -08 is necessary for the reasonable use of the property by the applicant. The topography and natural drainage in the area makes engineering of the stormwater runoff characteristics of the property necessary and granting the variance for impervious surface coverage from 25% to 28% is indispensable for the future use of the property. 5. The rezonings proposed in Planning Application #05 -08 are consistent with the changes requested for the Comprehensive Plan. BE IT FURTHER RESOLVED that the PUD Final Development Plan and Final Plat for a Multi- Family Residential Redevelopment for 820/840 Sibley Memorial Highway as proposed in Planning Case #05 -08 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 20th day of September, 2005. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS By / o-uvv Kath en M. Swanson, City Clerk LEGAL DESCRIPTION & PIN Parcel 1 (820 Sibley Memorial Highway): The Easterly Nine Hundred Forty Five (945) feet of all that part of Government Lot Six (6), Section Fourteen (14), Township Twenty Eight (28), Range Twenty Three (23), which lies Southerly of the Southerly right -of -way line of Sibley Memorial Highway (State Trunk Highway No. 13), as established by Warranty Deed Document No. 524599, Dakota County, Minnesota. PIN: 27- 01400- 010 -76 Parcel 2 (840 Sibley Memorial Highway): The Easterly Nine Hundred Forty Five (945) feet of the North Quarter (N1/4) of the Northeast Quarter (NE1 /4) of the Northeast Quarter (NE1 /4) of Section Twenty Three (23), Township Twenty Eight (28), Range Twenty Three (23), Dakota County, Minnesota. Abstract Property. PIN: 27- 02300 - 010 -01