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City Council Resolution 2014-57CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014-057 APPROVING A PRELIMINARY AND FINAL PLAT AND DEVELOPMENT AGREEMENT FOR CEDAR STREET ADDITION, A COMMERCIAL SUBDIVISION IN A B -3 (HIGHWAY BUSINESS) AND B -4 (REGIONAL BUSINESS) DISTRICT AND APPROVING A CONDITIONAL USE PERMIT FOR CROSS ACCESS BETWEEN TWO ADJOINING BUSINESS PARCELS IN A B -3 HIGHWAY BUSINESS DISTRICT WHEREAS, Oppidan Inc., on behalf of Goodwill Easter Seals of Minnesota, has submitted an application for preliminary and final plat approval and a conditional use permit for cross access/ parking between adjoining business properties; and WHEREAS, the preliminary and final plat will meet design standards and other provisions outlined in Title XI, the Monticello Subdivision Ordinance subject to conditions enumerated below; and WHEREAS, Retail Commercial Uses are permitted in the B -3 Highway Business District, the underlying zoning of the parcel; and WHEREAS, Chapter 4, Section 4.8, Subsection G.(2)(iv.) provides for cross access /parking between adjoining business properties and the proposal meets the criteria outlined in the city code to provide for such use subject to the conditions enumerated below; and WHEREAS, the Planning Commission held a public hearing on May 6th, 2014 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; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval of the preliminary and final plat and conditional use permit: 1. The preliminary and final plat creates a parcel suitable for commercial development in a B -3 Highway Business district in accordance with Title IX, Monticello Subdivision Ordinance. 2. The proposed use of the site for Retail Commercial Uses is a permitted use in the B -3 Highway Business Zoning District. 3. The zoning ordinance provides for cross access /parking between adjoining business properties and such an arrangement in this location will reduce the number of access drives on Cedar Street enhancing traffic safety and facilitate vehicular circulation on the commercial properties. 4. Cross access /parking at this location meets all required conditional use permit evaluation criteria as outlined in Section 2.4(D)(4)(a) such that: a. The proposed use is consistent with the existing and future land uses in the area and will not diminish property values or be detrimental to the health, safety and welfare of persons in the area. b. The proposed use is consistent with the improvements and requirements for such uses in the applicable zoning district and sufficient infrastructure exists or is proposed to accommodate the use such as utilities and parking and loading facilities. c. The proposed use can reasonably occupy the subject property without negative impacts on surround properties or public facilities. 5. The cross access /parking proposal is subject to additional conditions as outlined in Chapter 4, Section 4.8, Subsection G.(2)(iv.) and shall meet those conditions as enumerated below. WHEREAS, after taking public comment, the Planning Commission recommended approval of the conditional use permit and preliminary and final plat of the Cedar Street Addition to the City Council per Resolution 2014 -048; and WHEREAS, the Monticello City Council reviewed the recommendation of the Planning Commission on May 27th, 2014; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELL 0, MINNESOTA, the preliminary and final plat of the Cedar Street Addition, with drainage and utility easements as required, is hereby approved contingent upon meeting all conditions of the subdivision ordinance; and the following conditions: 1. The final plat must show required drainage and utility easements around the perimeter of the parcel and such easements shall be dedicated to the city. 2. The final plat shall include the platting of the full right -of -way for Cedar Street. 3. The final plat shall include an easement through Outlot A for Dundas Road. 4. The proposed utility, grading, drainage, and erosion control plans are subject to review and comment by the City Engineer. The applicant shall comply with all recommendations of the City Engineer as provided in the comment letter dated May 1St, 2014. 5. The applicant shall execute a development agreement covering the terms of the City's Plat and CUP approval. 6. A sidewalk connection must be installed between the northeast drive access and north property line. 7. A trail connection must be provided from the parking lot to the trail along TH 25. 8. Additional landscaping must be provided at the southeast corner of the property to ensure sufficient screening of the loading area, 9. All landscaped areas must be irrigated. 10. The applicant must obtain approval from easement holders for all proposed tree and shrub plantings in easement areas. 11. The northeast driveway must be realigned per engineer's requirements; if parking spaces are removed as a result, a proof of parking area should be designated on the site. 12. Encroachment agreements must be filed with the city for all areas where drive aisles encroach on drainage and utility easements. 13. Future curb cut access locations between the parcel in question and the adjoining property to the north shall be subject to review and approval by the city. 14. Developer shall enter into a shared access and maintenance agreement with the adjoining property owner to the north to be recorded against both parcels if at such time the parcel to the north is developed and requires two access points from Cedar Street, unless alternative access plans are otherwise approved by the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, the Conditional Use Permit for Cross Access /Parking is hereby approved contingent upon meeting all conditions of the subdivision ordinance; and the following conditions: 1. A sidewalk connection must be installed between the northeast drive access and north property line. 2. A trail connection must be provided from the parking lot to the trail along TH 25. 3. Additional landscaping must be provided at the southeast corner of the property to ensure sufficient screening of the loading area. 4. All landscaped areas must be irrigated. 5. The applicant must obtain approval from easement holders for all proposed tree and shrub plantings in easement areas. 6. The northeast driveway must be realigned per engineer's requirements; if parking spaces are removed as a result, a proof of parking area should be designated on the site. 7. Encroachment agreements must be filed with the city for all areas where drive aisles encroach on drainage and utility easements. 8. Future curb cut access locations between the parcel in question and the adjoining property to the north shall be subject to review and approval by the city. 9. Developer shall enter into a shared access and maintenance agreement with the adjoining property owner to the north to be recorded against both parcels if at such time the parcel to the north is developed and requires two access points from Cedar Street, unless alternative access plans are otherwise approved by the City. BE IT FURTHER RESOL VED BY THE CITY COUNCIL OF MONTICELL0, MINNESOTA, that the document titled "Development Contract and Conditional Use Permit," with assignment of the specific terms and conditions for public improvements and the specific terms and conditions for plat development, is hereby approved. ADOPTED BY the Monticello City Council this 27th day of May, 2014. CITE' OF MONTICELLO ��44 - -- Clint Herbst, Mayor ATTEST: Jeff 1, City Administrator