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City Council Resolution 2022-26CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2022-26 APPROVING A CONDITIONAL USE PERMIT FOR CROSS ACCESS FOR LOT 1, BLOCK 1 DEEPHAVEN AND LOT 4, BLOCK 1, 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 (a commercial lot); and WHEREAS, the cross access between the subject property is required to facilitate internal vehicle circulation for businesses in the area without traffic demand on the public streets; and WHEREAS, the cross parking facilitates joint parking uses between the commercial portions of the development area; and WHEREAS, the Planning Commission has reviewed the application for Condition Use Permit pursuant to the regulations of the Monticello Zoning Ordinance; and WHEREAS, the Planning Commission held a public hearing on January 4, 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, the Planning Commission 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. 2022-26 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 17th, 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. ADOPTED this 28th day of February 2022, by the City Council of the City of Monticello, Minnesota. 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2022-26 MONTICELLO CITY COUNCIL 11 1 ATTEST: � r r nifer Schreiber, City Clerk