City Council Resolution 2022-22CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2022-22
APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT
FOR DEEPHAVEN 3
WHEREAS, Buchholz Construction has requested platting of a commercial property,
with a Conditional Use Permit to allow cross access between Deephaven (a residential
project), and Deephaven Third Addition (4 commercial lots), and cross parking between the
commercial parcels; and
WHEREAS, the proposed Plat, along with the companion Conditional Use Permit, are
consistent with the long-term use and development of the property for commercial uses;
and
WHEREAS, the plat will comply with the required policies and requirements of the
Subdivision Ordinance, contingent on conditions noted in this resolution and upcoming
Final Plat review comments; and
WHEREAS, the Planning Commission held a public hearing on January 4th, 2022 on
the application and the applicant and members of the public were provided the opportunity
to present information to the Planning Commission; and
WHEREAS, on January 4, 2022, the Planning Commission recommended approval of
the preliminary plat of Deephaven 3 following the public hearing and consideration; and
WHEREAS, the City Council has considered all of the comments and the staff report,
which are incorporated by reference into the resolution the following Findings of Fact in
relation to the recommendation of approval:
1. The proposed uses are consistent with the intent and purpose of the B-4, Regional
Business District, as well as the PUD District affecting the residential areas in the
project.
2. The proposed uses are consistent with the existing and future land uses in the area
in which they are located.
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 shared access meets the intent and requirements of the applicable
zoning regulations, pursuant to the conditions attached to the Conditional Use
Permit.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2022-22
5. The proposed cross access is not anticipated to negatively impact surrounding
commercial properties, and instead may encourage future commercial development
in the lots of Deephaven 3.
6. Approval of the CUP for cross access will not result in the need for additional road or
utility infrastructure and should not otherwise negatively impact the health or safety
of the community.
7. Parking will be adequate based on the available and future off-street parking on the
property and enhanced by the shared parking allowances.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello,
Minnesota, that the Monticello City Council approves the Final Plat for Deephaven 3,
subject to the conditions listed in Exhibit Z of the staff report as follows:
1. Evidence (or updated easement language) is provided for the required shared and
cross access easement corresponding to the proposed access from Cedar Street and
Chelsea Road and an agreement is provided for the cross access along Edmonson
Avenue.
2. Easement provisions are made for the required pedestrian connections from the
plaza outlot to the public and residential areas as required by the Pointes at Cedar
Small Area Plan.
3. Lot access issues shall be subject to comment and recommendation by the City
Engineer.
4. Compliance with the comments of the City Engineer dated December 17, 2021 and
February 23, 2022, including those related to the necessary right of way for
intersection improvements.
5. Execution and recording of the development agreement for Deephaven 3.
6. A separate and individual development agreement with accompanying fees and
securities is required prior to development of each individual lot.
7. Verification of cross easement for stormwater purposes satisfactory to the City
Engineer.
8. Execution of a stormwater maintenance agreement satisfactory to the City Engineer.
9. Considerations of other Staff and the City Council.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the
document titled "Development Contract for "Deephaven 3" with assignment of the specific
terms and conditions for public improvements and the specific terms and conditions for plat
development, is hereby approved.
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CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2022-22
ADOPTED this 28th day of February 2022, by the City Council of the City of Monticello,
Minnesota.
MONTICELLO CITY COUNCIL
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