Res 2005- 43 CUP 820&840 Sibley Mem HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 -43
A RESOLUTION APPROVING A CUP FOR A PUD, PUD PRELIMINARY
DEVELOPMENT PLAN, COMPREHENSIVE PLAN AMENDMENT FROM LB
TO MR -PUD AND HR -PUD, REZONING FROM B1 -A TO MR -PUD AND HR-
PUD, PRELIMINARY PLAT, CRITICAL AREA PERMIT, CUP FOR FILL, AND
VARIANCE FOR IMPERVIOUS SURFACE 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 CUP for a PUD, PUD Preliminary Development Plan, Comprehensive Plan
Amendment from LB to MR -PUD (Parcel 1) and HR -PUD (Parcel 2), Rezoning from B-
1A to MR -PUD (Parcel 1) and HR -PUD (Parcel 2), Preliminary Plat, Critical Area
Peunit, CUP for Fill, and Variance for Impervious Surface 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 Planning Commission held a public hearing on this application
at their regular meeting on May 24, 2005; and
WHEREAS, the City Planner recommended several conditions for approval of
this application; and
WHEREAS, The Planning Commission was deadlocked 2 -2 (with three
Commissioners excused from the meeting) on whether or not to recommend that the
Council approve the CUP for a PUD, PUD Preliminary Development Plan,
Comprehensive Plan Amendment from LB to MR -PUD (Parcel 1) and HR -PUD (Parcel
2), Rezoning from B -1A to MR -PUD (Parcel 1) and HR -PUD (Parcel 2), Preliminary
Plat, Critical Area Permit, CUP for Fill, and Variance for Impervious Surface for a Multi -
Family Residential Redevelopment as presented to the Planning Commission on the
evening of May 24, 2005 and as shown in Planning Case #05 -08;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a CUP for a PUD, PUD Preliminary Development Plan,
Comprehensive Plan Amendment from LB to MR -PUD (Parcel 1) and HR -PUD (Parcel
2), Rezoning from B-1A to MR -PUD (Parcel 1) and HR -PUD (Parcel 2), Preliminary
Plat, Critical Area Permit, CUP for Fill, and Variance for Impervious Surface 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 to a
minimum of 10 feet.
2. The applicant shall increase the front setbacks for front-loaded garage units to a
minimum of 26 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 foim of cash ($2700
per residential unit), payable upon signing of the final plat. The applicant shall
pay the appropriate Park Dedication for each portion of the development before
the final plat for each portion is signed by the City.
5. The applicant and the City shall enter into a Contract for Development for the
property 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
stonnwater 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 CUP for a PUD, PUD Preliminary
Development Plan, Comprehensive Plan Amendment from LB to MR-PUD (Parcel 1)
and HR-PUD (Parcel 2), Rezoning from B-1A to MR-PUD (Parcel 1) and HR-PUD
(Parcel 2), Preliminary Plat, Critical Area Permit, CUP for Fill, and Variance for
Impervious Surface 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 29st day of June, 2005.
ATTEST:
By
/ todea-e—t-a...e.--
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY 0 MENDOTA IGHTS
f iorec4er
By
Jo
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