CY48-24

Request of Mesenbrink Construction & Engineering, Inc. for an amended preliminary plat review and the final plat review of Mesenbrink Subdivision, and for the zoning of the subject property from T-Transition to B-1, Community Business District, O-R, Office Residential District, R-4, Multiple Family Dwelling District, and R-2, One- and Two-Family Dwelling District. The subject property is described as part of the West 30 acres of the SW ¼, Section 15-108-26, except the South 330 feet of the West 330 feet thereof, AND The SE ¼ of the NW ¼ of the SE ¼; The S. ½ of the NE ¼ of the SE ¼; The SE ¼ of the SE ¼; The SW ¼ of the SE ¼, Except the West 30 acres thereof; all in Section 15, Township 108, Range 26, Blue Earth County, Minnesota, with some exceptions. (Blue Earth County PID R430915400003 and R430915400009).

The anticipated date of final City Council action is December 9, 2024. 

The applicant and owner is Mesenbrink Construction and Engineering, Inc. 

The applicant is seeking a review of an amended preliminary plat, and the final plat review of Mesenbrink Subdivision, and for the zoning of the subject parcels. 

The subject property is located on the easterly side of CSAH 12, also known as 589th Avenue, near the eastern terminus of Hofman Road's roundabout. It is legally described as part of the West 30 acres of the SW ¼, Section 15-108-26, except the South 330 feet of the West 330 feet thereof, AND The SE ¼ of the NW ¼ of the SE ¼; The S. ½ of the NE ¼ of the SE ¼; The SE ¼ of the SE ¼; The SW ¼ of the SE ¼, Except the West 30 acres thereof; all in Section 15, Township 108, Range 26, Blue Earth County, Minnesota, with some exceptions. The associated Blue Earth County parcel identification numbers are R430915400003 and R430915400009. 

The subject property is currently an agricultural field and the northern portion is an existing wetland. 

The subject property is zoned T, Transition, which is a zoning classification used for annexed property prior to its official zoning. 

The northern portion of the subject area contains a public water, a wetland and, as a result, the property is subject to the City's shoreland ordinance. There are also wetlands located throughout the site in the currently farmed agricultural field. 

The subject parcels are proposed to be served by public utilities. 

 

Mankato City Code Chapter 11 provides standards for Subdivision and Development Regulations (platting).

The Site Plan and Traffic Advisory Committee met on November 5, 2024 and submitted the following comments. 

1. Applicant shall be aware that during an in person meeting with BMI and Mesinbrink, we discussed possibilities of a shallower sanitary sewer main. Need to explore the feasibility of serving properties to the east in another manner if this is why. - Noted. 
2. If not paid already, differed assessment of $178,162.97 (without interest) are due on the property. An additional year of interest would be applied if not paid before 2025. -Noted.
3. Applicant shall be aware that lot can have only one zoning designation. - Noted. We would like the entire Lot 3, Block 1, to be rezoned to OR (see revised preliminary plat)
4. Applicant shall sign cul-de-sac as no parking.-Noted. Signs to be added to the final construction notes. 
5. Applicant to review if an access easement shall be provided over the existing gas easement on the north side of Hoffman Road.- Noted. Future bus stop to be discussed during the Planned Unit Development process for Block 1. 
6. Applicant does need to enter into a subdivision agreement to address public items in the plat.- Noted. 
7. Applicant shall be aware that all existing conditions will continue to apply such as parkland dedication, etc.-Noted. 
8. Applicant shall pay notice fee as invoiced for the notices mailed. -Noted. Fees have been paid. 

Mesenbrink Construction & Engineering, Inc. is seeking an amended preliminary plat review and the final plat review of Mesenbrink Subdivision, and for the zoning of the subject property from T-Transition to B-1, Community Business District, O-R, Office Residential District, R-4, Multiple Family Dwelling District, and R-2, One- and Two-Family Dwelling District. The subject property is described as part of the West 30 acres of the SW ¼, Section 15-108-26, except the South 330 feet of the West 330 feet thereof, AND The SE ¼ of the NW ¼ of the SE ¼; The S. ½ of the NE ¼ of the SE ¼; The SE ¼ of the SE ¼; The SW ¼ of the SE ¼, Except the West 30 acres thereof; all in Section 15, Township 108, Range 26, Blue Earth County, Minnesota, with some exceptions. (Blue Earth County PID R430915400003 and R430915400009). 

Previous Approvals 
In early 2023, the City of Mankato received a development proposal, known as Mesenbrink Mixed-ues Development Project, located on an approximately 105-acre parcel in Blue Earth County Minnesota (which has been annexed into the City of Mankato). The proposed project would construct a new mixed-use development consisting of retail space, apartment units and single-family residential units.  The area was previously subject to an environmental review for this area as part of the Greater East Mankato Infill Service District AUAR. The Greater East Mankato Infill Service District AUAR approval has expired, and therefore the applicant conducted the Environmental Assessment Worksheet (EAW). 
 
The EAW documented the purpose and need of the project along with the anticipated social, economic, and environmental effects. The EAW was made available for public and agency review beginning on February 7, 2023. In addition to the standard comment period, staff notified the adjacent property owners and rental properties of the EAW and held an open house on March 1, 2023, to gather additional comments.

An original electronic copy of the EAW is available for review at the City’s website at: https://www.mankatomn.gov/home/showpublisheddocument/12958/638107513590968202. 

The comment period ended on March 9, 2023. The applicant submitted responses to the comments submitted during the comment period of the EAW. The responses can be found in the Findings of Fact and Conclusions. The City Council adopted a resolution making a negative declaration on the need for an Environmental Impact Statement.

Following the EAW review, Mesenbrink Construction & Engineering, Inc. requested a Land Use Amendment to change the guided land use from Public/Semi-Public to Medium Density Residential to allow for a mixed-use development including single-family dwellings, apartment units, and commercial uses. At the time, the City’s Land Use Plan showed the area to be guided as Public/Semi-Public. Mesenbrink Construction & Engineering, Inc. submitted plans for the development of this site with a mix of low-, medium-, and high density residential and commercial development and is requesting a change to the Land Use Plan and Map to Medium Density Residential to support their development request. The City Council approved the Land Use Plan amendment on July 24, 2023.

A request for a conditional use permit to allow wetland sequencing and replacement was approved by City Council on August 12, 2024. 

Current Request 
The current request for an amendment from the previously reviewed preliminary plat is due to the modifications to the lot and block sizes to achieve the standards in Mankato City Code and for the zoning of the subject property from the T-Transition to B-1, Community Business District, O-R, Office Residential District, and R-2, One- and Two- Family Dwelling District. 

Lots and Block Standards 
The proposed Mensenbrink Subdivision plat contains just under 105 acres and includes 3 blocks. Block 1 includes 3 lots, Lot 1 is 2.59 acres and is noted to contain a "C-Store" ; Lot 2 is 3.04 Acres and is identified as "61 unit building and retail"; and Lot 3 is 19.03 Acres and is shown to contain multiple family dwelling structures and is identified as, "proposed PUD".  

Block 2 includes one, 21.75 acre lot, which includes a single-family home development. The applicant has indicated that a planned unit development will be requested for the subject development.  Block 3 includes one 43.19 acre lot, which also includes a single-family home development and a large wetland complex. This development will also have a requested planned unit development. 

The city code criteria outlines that the maximum length of blocks shall be 1,200 feet. The blocks represented in this plat meet the required maximum block length. 

Easements 
An existing 90' wide Northern Natural Gas Main easement traverses through approximately the middle of the subject subdivision and borders the entire southerly boundary of the proposed platted lots and blocks. A recommended condition is included herein that the applicant will be responsible for securing any necessary permits from the easement holder for the proposed improvements shown in the easement area, including the proposed public improvements. 

Standard five-foot drainage and utility easements are shown on the interior lot lines and a 40' utility easement is shown between Lot 1 and 2 and Lot 3. There is also an 80' Northern Gas Easement at the southern property line. 

Streets
Of the approximately 105 acres within the proposed subdivision, 14.62 acres of the platted subdivision are proposed to be right of way areas, including streets and other public infrastructure. The proposed preliminary plat includes the extension and dedication of Hoffman Road (5.83 acres). The 100' proposed right of way width for Hoffman Road is consistent with Chapter 11 of Mankato City Code, which requires right of way widths for minor arterial connections of 100'. According to the Long Range Transportation Plan the functional classification of the subject street is a minor arterial.

Hoffman Road will provide access to the site from County Road 12 and will extend to the eastern property line. A temporary turnaround is shown at the eastern end of Hoffman Road. The subdivision agreement will address the extension of Hoffman Road, and the removal of the proposed turnaround area. 

The current request for an amendment from the previously reviewed preliminary plat is due to the modifications to the lot and block sizes to achieve the standards in Mankato City Code. The proposed plat includes three blocks. Block 1 includes 3 lots as follows: Lot 1, which is 2.59 acres, Lot 2 which is 3.04 acres and Lot 3, which is 19.03 acres. Block 2 has one lot, Lot 1, which is 21.75 acres. Block 3 has one lot, Lot 1, which is 43.19 acres. The plat also dedicates to the public Hoffman Road which includes an area for storm water retention on the northern side of the subdivision. 

Storm water ponds, approximately 6.54 acres of area, located to the north of Hoffman Road are also shown to be contained in the right of way, and will be dedicated to the public with the plat. 

Dedication of half of the current 211th Lane, a township road encompassing approximately 2.25 acres, to the east and south of the subdivision, is shown on the plat. A recommended condition is included herein that outlines the developer/applicant shall enter into a subdivision agreement addressing public improvements within the subdivision including 211th Lane as well as Hoffman Road and the storm water facilities within the subdivision.

The other road networks within the development are proposed to be private road systems. Recommended conditions are included herein that include that at the time of submission for a final plat, the applicant shall submit covenants that address the private streets and private utilities that are shown. The covenant will need to address ownership, construction, and maintenance of the private streets and utilities. 

During the Environmental Assessment Worksheet (EAW) process, a traffic study was completed for the proposed project. The following provides a summary of the study, traffic operations and recommendations.  

• •AM and PM peak hour traffic operations were analyzed for the 2025 and 2045 conditions without and with the Proposed Project.
• The Proposed Project will generate 704 trips (276 entering and 428 exiting) during the morning traffic peak hour, 710 trips (395 entering and 315 exiting) during the evening traffic peak hour and 7,876 daily trips.
• Results of the traffic analysis for year 2025 for both the AM and PM peaks without the Proposed Project indicate acceptable operations with minimal vehicle delay and back-ups at adjacent intersections.
• Results of the traffic analysis for year 2025 for both the AM and PM peaks with the Proposed Project indicate acceptable operations with minimal vehicle delay and back-ups.
• Results of the traffic analysis for year 2045 AM Peak with and without the Proposed Project indicate the intersection of TH 22 and Hoffman Rd will be approaching capacity without improvements, long delays and long vehicle queues for some movements.
• Results of the traffic analysis for year 2045 PM Peak with and without the Proposed Project indicate acceptable operations with minimal vehicle delay and back-ups.

No mitigation measures are required to accommodate site-generated traffic. That said, if conditions deteriorate at the intersection of TH 22 and Hoffman Road by 2045, MnDOT should consider redesigning the intersection. Potential minimal improvements including extension of the existing westbound right turn lane back to Coneflower Lane and conversion of the lane to a shared through and right turn lane will provide adequate additional capacity. The new through and right turn lane from Coneflower Lane will require the reduction of the TH 22 southbound to westbound protective island and will change the right turn movement to permissive rather than free flowing. Preliminary analysis indicates this improvement alone will provide adequate LOS for the intersection and all approaches. Also, protected permissive traffic signal phasing on the north and southbound TH 22 approaches which is currently used at the TH 22 and Bassett Drive intersection could be considered. It is noted, the TH 22 volumes are greater at Bassett Drive, and the speed through the Bassett Drive intersection is only 45 mph. The change to protected/permissive phasing may or may not be practical as the speeds on TH 22 presently are 55 mph through the Hoffman Road intersection. That said, with the MAPO emphasis on urbanizing the study area through the year 2045 it is possible the speed on TH 22 will be reduced through the Hoffman Road intersection in the future. This improvement by itself would not restore operations to acceptable levels but could enhance the LOS by reducing overall delay. For long term areawide strategies it is suggested some of the potential improvements included in MnDOT’s TH 22 Corridor study be reviewed and further developed. 

Utilities 
Public utilities will be extended to the property via the Hoffman Road right-of-way. The execution of the services within the private road areas will be privately constructed and maintained.  The City of Mankato will reserve the right to inspect and require corrective action for issues related to private services.  The applicant will be required to submit an agreement addressing access to the private utilities and addressing maintenance of the private utilities (including costs). All the public improvements within the subdivision will be subject to a subdivision agreement.

The applicant's narrative outlines that the proposed stormwater development design and associated stormwater management plan will meet all local, state, and federal regulations including, but not limited to, the MPCA NPDES Construction Stormwater Permit, the City of Mankato MS4 Permit, and the City of Mankato Grading Manual. These documents require the proposed development compared to the existing conditions to:

• not increase discharge rates, not increase total suspended sediments (TSS),
• not increase total phosphorus (TP),
• and where soils permit, retain 1.1 inches of runoff from all new and reconstructed impervious surfaces.

The applicant has provided that the proposed grading plan will ensure that overflows are designed to protect existing and proposed infrastructure from flooding that could otherwise result from increasingly large and intense rainfall events caused by climate change.

The existing agricultural drain tile is anticipated to be taken out of operation by abandonment and/or removed/bulkhead when encountered. Protections, such as outlet removal, will be considered and noted in the plan. Among other considerations, the contractor(s) will be made aware of the sensitivity to prevent sediment from entering the basin.

Wetlands and Shorelands 
The subject parcel contains wetland areas and shoreland areas that are subject to additional review considerations.

Several wetlands have been delineated on the site, and these are reflected on the plat. The large wet area on the northern side of the parcel is considered public water and is surrounded by wetlands. As mentioned, on August 12, 2024, the conditional use permit for wetland sequencing and replacement was approved by City Council. The public water wetland will remain, and the other wetlands on the site will purchase credits. All wetland banking credits, for the wetlands approved for replacement, shall be purchased prior to any work occurring in the subdivision. 
 
In 2022, the City of Mankato adopted a Shoreland Ordinance, and the proposed subdivision will be subject to the City of Mankato Shoreland ordinance since the area on the northern side of the development is located in a shoreland. The applicant has completed the DNR's "PUD/Cluster Evaluation sheet" relative to the allowable setback, density, coverage and other applicable shoreland components. The proposed shoreland impacts have been evaluated by the Department of Natural Resources, the DNR, and the following comments were provided: 

• The most current version of the preliminary plat documents, dated 1/25/2024, shows an open space calculation of 55.8%; this adequately meets the >50% open space requirement outlined by the shoreland ordinance. During this meeting, it was also defined that this calculation included natural open space only and excluded any backyard or landscaped features.
• The 75-foot shoreland impact zone is to be protected via covenant. No development or mowing will be allowed in this area. This boundary will be restricted by signage to discourage tampering.
• For Unnamed Basin #07-71W, if any area was used in the calculation as an unsuitable area, that will need to be defined, as this same area cannot be duplicated in another calculation should future development occur on the adjacent parcels. The City of Mankato must keep this information accessible should any future developments arise.
• In the current preliminary plat, impervious surface coverage per lot is 23.8%. As part of the covenant for this PUD, a homeowner’s association will manage additions on a lot-by-lot basis so as not to exceed an impervious surface coverage of 25%, with no possibility for variance for increased coverage within the shoreland area. This limitation should be expressly identified to sellers at the point of sale.

The letter goes on to indicate that a Public Waters Work Permit will be required for stormwater outflow into the Public Water, Unnamed Basin #07-71W to mitigate potential impacts. Further, it notes that a zero net increase in wetland flood stage and flood stage duration for the 5-100-year rainfall events will need to be achieved for the required Public Waters Work Permit and documented with approved hydrology modeling. 

Further, the DNR correspondence indicates that Wetland Conservation Act (WCA) permitting will be required for any subsequent wetlands impacted by the development and the outcomes of these processes may affect the final platting determination. 

The Shoreland criteria requires a property owners association agreement (for residential PUD's) with mandatory membership and all in accordance with the requirements of Part 6120.3800, subpart 5. (C). Deed restrictions, covenants, permanent easements, or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, (uncontrolled) beaching of watercraft, and construction of commercial buildings in residential PUD'S; and 2) ensure the long-term preservation and maintenance of open space will also be required to the project to achieve the shoreland standards. Conditions are included herein that require the submission of said documentation at the time of a future request for a final plat or other zoning requests. 

The DNR has submitted an updated letter stating the permit application has been submitted for the Public Waters Work Permit, and that provided their consent to the applicant's requested review of the final plat. 

Parkland Dedication 
Natural resource areas, including areas outside the present city boundaries, should be targeted for joint preservation policies with the county and state. The City adopted a shoreland ordinance which serves as a joint preservation policy with the County and the State of Minnesota.  The ordinance required review and approval from the State of Minnesota. Blue Earth County also has a shoreland ordinance.
 
There is a park in Groh Farm Subdivision which falls in the area delineated in the adopted Parks and Open Spaces Plan as needing a park. 

The applicant will be required to make a payment-in-lieu of parkland dedication.  The payment will be $176,193 (based on $159,303 for 98.59 acres of residential development and $16,890 for 5.63 acres of commercial development).

Other required approvals 
Planned unit development will be required prior to construction. 

Final Plat
On April 8, 2024, the Mankato City Council approved the original preliminary plat. At that time the applicant proposed a preliminary plat that showed only 2 blocks. The amended preliminary plat shows 3 blocks. Block 1 has 3 lot, while Block 2 and 3 are both 1 block. 

Block 1 has 3 Lots, Lot 1 is 2.59 acres, Lot 2 is 3.04 acres, and lot 3 is 19.03. Block 1 is in the south-west corner of the plat along County State Aid Highway 12 and Hoffman Road and will be accessed via private road. Block 2 is 1 lot that is 21.75 acres. Block 2 is located in the south-east corner of the plat and will have private road access off the extension of Hoffman Rd. Block 3 is 1 lot that is 33.77 acres. Block 3 is at the northeast corner of the plat and will have private road access off the extension of Hoffman Road. The proposed rezoning is consistent with the land use plan. 
 
The final plat also shows a large wetland on the northern section of the plat. The wetlands that are shown within the Blocks are wetlands that have not yet been replaced. However, as mentioned before, the project has been approved a wetland sequencing and replacement plan on August 12, 2024 by the City Council. The plat also dedicates to the public Hoffman Road which includes an area for storm water retention on the northern side of the subdivision. 

Rezone

This request also includes the rezoning of the subject areas. The property was officially annexed into the City of Mankato on June 5, 2024, and at the time of official annexation, properties are assigned a temporary zoning category of T-Trasnition. The applicant is now seeking the official zoning of the property in accordance with the underlying Land Use Plan.

Block 1 Lot 1 and Lot 2 is proposed to have a B-1, Community Business District. Block 1 Lot 3 is proposed to OR, Office Residential zoning district. Block 2  and 3 are both proposed to be zoned R-2, One- and  Two- Family Zoning district designation. 







 

Staff finds that the rezoning of the plat from T-Transition to Community Business District, OR, Office Residential, and R-2, One- and Two- Family Dwelling District, is in the best interest and promotes the health and welfare of the community, and osin conformity with the comprehensive plan of and for the City. 

Staff respectfully submits the following findings of fact for the Preliminary and Final Plat. 

1. General Requirements
   1. The site is designed in conformance with the location and widths of streets, the general drainage situation, lot sizes and arrangement.
   2. A drainage study has been submitted to verify compliance with the City drainage requirements.
   3. The site provides storm drains and stormwater ponds that outlet into the adjacent Public Water. A condition is included herein that requires that a Public Waters Work Permit is required to verify that the rate of discharge is acceptable for the proposed outfall and at the rates and volumes allowed by the MS4 permit.
   4. On-site wetlands have been delineated, and will be required to be avoided or approval in place for replacement prior to submittal for a final plat. 
2. Streets
   1. The street right-of-way widths conform to the standards listed in Chapter 11 of Mankato City Code by meeting the right-of-way standards.
   2. The applicant will be dedicating the required land for the Hoffman Road extension as well as the land for the adjacent township roads. All other access corridors within the development are proposed to be private.
3. Easements
   1. The preliminary plat provides the standard easements required in Chapter 11 of the Mankato City Code.
   2. An existing Northern Natural Gas easement traverses the site, which is proposed to remain. 
4. Block Standards
   1. The blocks within the subdivision were designed for the intended end use as residential and commercial lots.
5. Lot Standards
   1. The lots within the subdivision are intended for residential and commercial development. The lots are designed in conformance with the standards set forth in Chapter 10.
   2. The concept plans submitted for the commercial development depict areas for off-street parking.
   3. The concept plan for the residential areas achieves larger lot sizes that will address corner lot requirements.  
6. Public Sites and Open Spaces
   1. The applicant will be making a $176,193 payment-in-lieu of parkland dedication. The Parks and Open Space Plan shows the area near the public water as open space, which will be maintained as such. The area will be served by a community park to be located in the Groh Farm Subdivision, which falls in the area delineated by the Parks and Open Space Plan in need of a park. 

Staff recommends approval of the Mesenbrink preliminary plat recommends the approval of the preliminary plat and final plat with the following conditions: 

1. At the time of submission for a final plat, the applicant shall provide a complete draft copy of the proposed property owners association documents and deed restrictions, covenants, and permanent easements or other instruments. The documents shall address, but are not limited to, private streets, private utilities, current and future building envelopes, future additions, and how this will be privately managed. Membership in the property owners association shall be mandatory and in accordance with all applicable shoreland standards. The deed restriction shall properly address future vegetative and topographic alterations, construction of additional buildings, and shall ensure the long-term preservation and maintenance of open space in accordance with the shoreland and DNR criteria. 
2. The applicant shall enter into a subdivision agreement addressing public improvements within the subdivision including Hoffman Road, 211th Lane, and public storm water facilities within the subdivision. 
3. The applicant will be responsible for all required permitting and authorization for the proposed improvements associated with the natural gas easement. Written authorization from the easement holder acknowledging the proposed development, and providing consent for the proposed improvements, shall be in place prior to the submission of a final plat. 
4. Prior to submission of a planned unit development, the applicant shall have applied for and obtained all necessary Public Waters Work Permit(s) from the Department of Natural Resources, DNR, for the proposed project. 
5. Applicant shall install signs at the required open space area at intervals acceptable to the DNR, and other applicable parties.
6. The applicant shall submit a request for the desired residential rental density within the new low-density residential areas, and this shall proceed for review along with the ordinance amendment for rezoning, platting, etc. for the development.
7. Bulk, height, setback, density, coverage, parking and other underlying zoning district criteria will apply to the subject lots and blocks. 
8. Approval of this preliminary plat does not imply future approval of planned unit developments or other future zoning requests.
9. All wetland banking credits, for the wetlands approved for replacement, shall be purchased prior to any work occurring in the subdivision. 
10. All previous conditions from the previous approvals shall remain applicable. 

Staff recommends the approval of the rezoning from T-Transition to R-2, One- and Two- Family Dwelling District, OR Office Residential, and B-1, Community Business District.