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City Council Resolution 2024-100CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2024-100 A RESOLUTION APPROVING A AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR PUD FOR A 2-LOT SUBDIVISION IN THE CARCONE SECOND ADDITION WHEREAS, the applicant is seeking a replatting of a parcel currently subject to a Planned Unit Development approval; and WHEREAS, the applicant is seeking an amendment to a Conditional Use Permit PUD approval concurrent with the preliminary plat to accommodate the proposed project; and WHEREAS, the site has previously been platted, but put to only partial improvement and use; and WHEREAS, the amended PUD anticipates no changes to the lots in the subdivision, with the exception that legal descriptions for PUD areas requirement updating as a result of the replat; and WHEREAS, the proposed lots will be consistent with requirements of the City's Subdivision and Zoning Ordinance requirements under the appropriate PUD standards; and WHEREAS, the subject property may continue to accommodate existing nonconformities, but not expansion, and that any future development will require correction of the nonconformities at the time of said development; and WHEREAS, the Planning Commission has reviewed the application for the plat pursuant to the regulations of the applicable ordinances and land use plans and policies; and WHEREAS, the Planning Commission held a public hearing on October 1, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, and has recommended approval of the Amendment to Conditional Use Permit for PUD; and WHEREAS, the City Council has considered all of the comments of the Planning Commission, the public, and the staff report, which are incorporated by reference into the resolution, and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the approval for Amendment to Conditional Use Permit for PUD: CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2024-100 1. The proposed uses are consistent with the intent and purpose of the original B-3, Highway Commercial District, and the existing Conditional Use Permit PUD for the site. 2. The proposed uses will be consistent with the existing and future land uses in the area in which they are located, including the Monticello Comprehensive Plan. 3. The impacts of the improvements are those anticipated by the existing and future land uses and are addressed through standard review and ordinances as adopted. 4. The proposed access and development details meet the intent and requirements of the applicable zoning regulations and are consistent with the applicable land use policies and ordinances. 5. The proposed PUD is not anticipated to negatively impact surrounding residential properties, and instead is expected to encourage long term affordable residential uses on the subject property. 6. Approval of the PUD will not result in the need for additional road or utility infrastructure other than that being provided for the proposed use and should not otherwise negatively impact the health or safety of the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota that the Monticello City Council approves the Amendment to Conditional Use Permit for PUD for the Carcone Second Addition, subject to the conditions of Exhibit Z of the staff report, as follows: 1. The plat is recorded as proposed, together with the amendment to PUD. 2. The applicant provides any additional right of way required for the Sandberg Road cul-de-sac or other requirements of the City Engineer. 3. The approval and recording of the plat incorporates the existing development and improvements on Lot 2, with no changes under this PUD Amendment. 4. The approval and recording of the plat implies no specific development approvals or uses for Lot 1. Development of Lot 1 is subject to future applications for such approvals as required under the City's zoning regulations. 5. Existing non -conformities and encroachments may remain until such time a new use or development is approved for Lot 1. At that time, nonconformities will require correction, or further amendments to the West Metro PUD to accommodate them. 6. Compliance with the terms of the City's Engineering Staff letter dated September 20, 2024. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2024-100 7. Comments and recommendations of other Staff and Planning Commission. ADOPTED this 281" day of October, 2024 by the City Council of the City of Monticello, Minnesota. MONTICELLO CITY COUNCIL By: G Lloyd Hilgart, Mayor ATTEST: Jnnif Sc e' er, City Clerk