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Planning Commission Agenda 04-02-2019AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, April2nd, 2019 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, Ron Hackenmueller 1. General Business A. Call to Order B. Consideration of approving minutes a. Special Meeting Minutes — February 26, 2019 b. Regular Meeting Minutes — March 5, 2019 C. Citizen Comments D. Consideration of adding items to the agenda E. Consideration to approve agenda 2. Public Hearings A. Continued Public Hearing - Consideration of a request for amendment to Monticello Zoning Ordinance Chapter 5 and Chapter 8, Section 4 related to use, standards and definitions for Event Centers, Places of Public Assembly, Personal Services, and Commercial Recreation — Indoor. Applicant: City of Monticello B. Public Hearing - Consideration of a request for amendment to Planned Unit Development for Indoor Self-Storage Facilities Applicant: Ken Spaeth C. Public Hearing - Consideration of a request for amendment to Title 11 — Monticello Subdivision Ordinance Applicant: City of Monticello 3. Regular Agenda A. Consideration of the Community Development Directors Report 4. Added Items 5. Adjournment MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 5th, 2019 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison Present Staff Present: 1. General Business A. Call to Order Charlotte Gabler Angela Schumann, Steve Grittman (NAC), Ron Hackenmueller Brad Fyle called the Regular Meeting of Monticello Planning Commission to order at 6 p.m. B. Consideration of approvin� minutes a. Re�ular Meetin� Minutes — Februarv 5, 2019 MARC SINIPSON MOVED TO APPROVE THE REGULAR MEETING MINUTES — FEBRUARY 5, 2019. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 4-0 WITH SAM MURDOFF ABSENT. C. Citizen Comments None. D. Consideration of addin� items to the a�enda N/A. E. Consideration to approve a�enda N/A. 2. Public Hearin�s A. Public Hearin� - Consideration of a request for amendment to Monticello Zonin� Ordinance Chapter 5 and Chapter 8, Section 4 related to use, standards and definitions for event centers, places of public assemblv, personal services, and commercial recreation - indoor Applicant: Citv of Monticello Brad Fyle stepped away from the podium, acting Chair Sam Murdoff took over presiding over the meeting. Steve Grittman requested that the acting Chair open the Public Hearing first. Sam Murdoff opened the Public Hearing. Grittman explained that the request was staff initiated due to a recent request from Brad Fyle to open an event center. Grittman stated that the Commission had made a determination related to that request, noting that in the past, event centers were included under the use: Places of Public Assembly. Due to the growing trend of Planning Commission Minutes — March 5, 2019 Page 1 � 3 event centers, staff proposed having the event center use as its own separate use and clarifying the use and standards within the ordinance. Staff provided an overview of the proposed amendment to the Planning Commission. Grittman explained the main difference between places of public assembly and event centers is the regularity of events. He suggested that event centers be allowed as conditional permit uses in commercial districts besides the B-1 district. Murdoff asked for clarification on the proposed ordinance and where event centers would be allowed. Marc Simpson asked for the proposed definitions of places of public assembly and event centers. Grittman read the definitions. Simpson asked if there have been any other recent requests for event centers in Monticello. Staff declined. Discussion about existing buildings and businesses and if they would be considered event center uses occurred. Charlotte Gabler asked if the same standards and agreement for parking in the downtown would be applicable. Grittman confirmed. Gabler asked if signage would be the same as the normal code. Grittman confirmed. Gabler noted a revision of the proposed language to not allow event centers in industrial districts. No outdoor storage would be allowed for event centers. John Alstad asked if the event center use would only be an indoor type use. Grittman confirmed and added that any outdoor event would require a special permit as applicable by city rules. KATIE PETERSON MOVED TO TABLE ACTION ON THE ITEM FOR ADDITIONAL TIME FOR REVIEW. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 4-0. 3. Re�ular A�enda The regular agenda order was moved in front of the Public Hearings due to the absence of Sam Murdoff. A. Consideration to appoint one representative to the 2040 Monticello Communitv Vision & Comprehensive Plan Proposal Review Sub-Committee Angela Schumann indicated that the City Council approved funding for an updated Comprehensive Plan for the City. She explained that staff were looking for a member from the Planning Commission to volunteer for a subcommittee to review proposals for the updated plan document. The subcommittee would recommend to the City Council a few of the firms that provided proposals to the City. MARC SINIPSON MOVED TO NOMINATE COMMISSIONER JOHN ALSTAD AS THE PLANNING COMMISSION REPRESENTATNE TO 2040 MONTICELLO COMMUNITY VISION & COMPREHENSNE PLAN Planning Commission Minutes — March 5, 2019 Page 2 � 3 PROPOSAL REVIEW SUB-COMMITTEE, PENDING COUNCIL APPROVAL OF A SUB-COMMITTEE. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 4-0 WITH SAM MURDOFF ABSENT. B. Consideration of an update on Rental Ordinance Review and Department of Buildin� Safetv & Code Enforcement Update Ron Hackenmueller provided an update to the Commission. Hackenmueller explained what the Building Department does and discussed his team. He stated that the City of Monticello passed a rental ordinance in 2007 and explained the process. He noted that in 2018, rental property owners were 100 percent in compliance with completing the application. In 2018, the Building Department received $45,000 in revenue for the rental applications received. They also completed 257 rental inspections. Hackenmueller also explained that another part of their department is utilized for code enforcement. He stated that the City is on a complaint basis for blight due to low staffing of the department. Hackenmueller stated that there was an increase in questions received on the Citizen Service online forum. A majority of questions were regarding building and rental inspections, sign permits, and blights. Lastly, Hackenmueller explained the number of building departments processed and the value. C. Consideration of the Communitv Development Directors Report Angela Schumann provided the Community Development Director's Report as noted in the agenda. 4. Added Items :�� , None. 5. Adiournment KATIE PETERSON MOVED TO ADJOURN THE MEETING AT 6:49 P.M SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander Approved: April 2, 2019 Attest: Angela Schumann, Community Development Director Planning Commission Minutes — March 5, 2019 Page 3 � 3 Planning Commission Agenda: 04/02/19 2A. Continued Public Hearin� - Consideration of a request for amendment to Monticello Zoning Ordinance Chapter 5 and Chapter 8, Section 4 related to use, standards and definitions for Event Centers, Places of Public Assemblv, Personal Services, and Commercial Recreation — Indoor. Applicant: City of Monticello (NAC) A. REFERENCE AND BACKGROUND: Planning Commission tabled this item at the March regular meeting. Staff have re-posted and re-published the public hearing notice on this item should Commission wish to take additional comment in hearing. Staff have prepared draft ordinance language relating to Event Centers as a specific use classification within the Zoning Ordinance. The Planning Commission requested this language as an amendment consideration to better respond to related inquiries and provide use direction to interested developers. Northwest Associated Consultants has prepared a cover memo outlining the proposed amendment. Since the March meeting, staff did make minor changes to the proposed ordinance, suggesting that hours of operation for event centers be established by the CUP. A conditional use permit is recommended for all districts. If the Planning Commission elects to allow the use as permitted in some zoning districts, it may wish to establish a limitation on the number and hours of events within the performance standards. Language restricting hours of operation were proposed in the March version of the ordinance. In addition, the Commission had noted that the event center use is not proposed to be allowed within industrial districts, so the district notation was removed from the definitions as shown. As noted in the prior report, staff have also had an opportunity to discuss the draft amendment with the City's legal counsel with no issues identified. B. ALTERNATIVE ACTIONS: Motion to recommend approval of Ordinance Na X as related to use, standards and definitions for Event Centers, Places of Public Assembly, Personal Services, and Commercial Recreation — Indoor, based on a finding that the proposed amendments will benefit the intent of the regulations and the process for application. 2. Motion to recommend approval of Ordinance No X as related to use, standards and definitions for Event Centers, Places of Public Assembly, Personal Services, and Commercial Recreation — Indoor with changes to the language as recommended by the Commission and based on a finding that the proposed amendments will benefit the intent of the regulations and the process for application. Motion to recommend denial of the proposed Ordinance Na X related to use, standards and definitions for Event Centers, Places of Public Assembly, Personal Planning Commission Agenda: 04/02/19 Services, and Commercial Recreation — Indoor, based on findings to be made by the Planning Commission. 4. Motion to table action on the item. C. STAFF RECOMMENDATION: Staff recommends approval of the ordinance amendment, subj ect to any changes requested by the Commission. As noted in prior reports on this item, the current ordinance leaves a significant area of discretion as related to the classification of event- center type uses. Clarity is needed to reflect consistency with the Commission and Council's preferred direction these uses and for staff to be better prepared in working with proposals of this nature. The proposed ordinance provides the needed clarity within the use allowances and definitions as it relates to event centers and similar uses. D. SUPPORTING DATA: A Memorandum — Northwest Associated Consultants B. Ordinance No. X C. Ordinance Excerpts CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY OF MONTICELLO ZONING ORDINANCE WITHIN THE CITY OF MONTICELLO DEFINING AND REGULATING EVENT CENTERS, PLACES OF PUBLIC ASSEMBLY, AND RELATED LAND USES THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 5.1(A) — Use Table — Explanation of Use Table Structure is hereby amended to read as follows: 5.1 A Uses Not Provided for Within Zonin� Districts �h In any zonin� district, whenever a proposed use is neither specifically allowed nor denied, the Communitv Development Department r�*.� r��' shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zonin� district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and established conditions and standards relatin�to development of the use. Where such a determination is made, the requirements established for the listed use shall a�ply as minimum standards for the proposed use. Additional requirements mav be a�lied to address differences between the listed use and the proposed use. If no comparable use determination can be made, the use will be considered prohibited in which case an amendment to the ordinance text would be required to clarify if, where and how a proposed use could be established. Section 2. Section 52(D) — Use Specific Standards, is hereby amended as follows: Places of Public Assembly In the CCD, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street-level architecture as defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan." (b) Site planning shall minimize parking lot development adj acent to public areas in the district, including streets, pathways, and open spaces. Section 3. Section 52(F) — Use Specific Standards, is hereby amended as follows: ��:r -.�r.s��rr.ts::e�sa��retr.sr.�s�r�rr� r�ti•��re�:�seees*sse�e�s�s�r�:�: r:�rr:�r.��er.e�r.�� r:*ssr.szei�sr.r.�sir:�sr.��. . . . .. „. . Section 4. Section 8.4, Definitions, is hereby amended such that the definitions of the following terms shall read as follows: COMMLJNITY DEVELOPMENT DEPARTMENT: Those departments assigned by the City�ge� Administrator to oversee the various aspects of development and zoning within the City. Such departments may include, but are not limited to planning zoning building safety, code enforcement and engineering. ENTERTAINIVIENT, INDOOR COMMERCIAL: An establishment providing completely enclosed recreation or entertainment activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Tr�'„�'��' ;r *'�;� �'��r;*;�r �'��"'�� Examples of indoor commercial entertainment businesses include bowling allevs, roller e� and ice-skating rinks, billiards halls, swimmin� pools, motion picture theaters, and �a�e� similar amusements. �''�� '^�� Indoor commercial entertainment uses do not include event centers or adult uses. ENTERTAINIVIENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, � golf driving ranges, sand volleyball courts, go-carts,� and miniature golf courses. �e Outdoor commercial entertainment uses does not include proj ectile weapon ranges (archery or shooting), sports stadiums or drive-in movie theaters. PLACE OF PUBLIC ASSEMBLY: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic 2 activities, religious services, and other similar activities, including buildings in which such functions and activities are held. Places of public assembly are characterized by individuals arrivin� and departin� at re�,ularlv scheduled times and do not include event centers. Common characteristics of places of public assemblv, which differentiate such uses from event centers, mav include but are not limited to, the followin�: 1. Re�,ular activitv schedules 2. No display and/or sale of retail commercial �oods or services 3. The �eneration of traffic at routine time periods 4. Predictable traffic volumes durin� activities 5. Locations that mav be in commercial, industrial, or residential zonin� districts. Section 5. Section 8.4, Definitions, is hereby amended to add the following: EVENT CENTER: A multi-purpose commercial venue (�ublic or privately-owned) used for the purposes of performances, trade shows, corporate functions, sportin� events, private receptions or parties, holida� at� herin�s or similar attractions. Common characteristics of event centers, which differentiate such uses from places of public assemblv, often include but are not limited to, the followin�: 1. Varied and/or irre�,ular activitv schedules � 2. The displav and/or sale of retail commercial �oods 3. The �eneration of hi�h traffic volumes at varied time periods 4. Commercial activities and uses in coordination with the events 5. Locations in commercial districts 6. Alcohol service as licensed Accessorv uses mav include food preparation facilities, concessions, offices, museums, parks, athletic trainin� or practice facilities, stores, restaurants, structured parkin� facilities. and batron transbortation facilities. Event centers do not include adult uses and places of public assembl� Section 6. Section 5.1, Table 5-1, is hereby amended to add the following: Section 7. Section 5.1, Table 5-lA, is hereby amended to add the following: Section 8. Section 52 (F) (14), Use-Specific Standards - Event Centers, is hereby added to read as follows: � �h (14) Event Centers (a) Proximitv to Residential Uses. Propertv upon which event centers are located shall not abut residentially zoned propert� (b) Parkin�. Off-street parkin� for event centers shall be provided in in accordance with Section 4.8 of this Ordinance. (c) Event Size. Event Centers shall be allowed a maximum event size as specified bX the conditional use permit. (d) Number of Events. (i) Event Centers in the B-3 and B-4 District are not restricted in the number of events allowed unless restricted by the conditional use permit. (ii) Event centers in the B-2 District mav be limited to certain davs or number of events bv the Citv Council ber the conditional use bermit. (e) Hours of Operation. Event Center hours of operation shall be as established by the Citv Council ber the Conditional Use Permit. (f) Noise Re�,ulations. Event centers shall be subj ect to the noise-related provisions of Cit.� (g) Food Re�ulations. Event centers may serve food and bevera�es as an accessory activitv in accordance with all a�licable Federal, State, and Citv re�,ulations. � (h) Overni�ht accommodations. Overni�ht accommodations are not allowed. (i) Accessibilitv. All buildin�s used in conjunction with event centers shall meet applicable accessibilitv requirements imposed bv State or Federal law. (j) Code Compliance. The buildin�(s) used for the event center shall meet anv and all a�licable Federal, State, and local codes, includin� those which a�lv to sanitarv facilities. (k) Outdoor Events. All events shall take place within the event center buildin�(s), unless otherwise allowed in the zonin� district or Citv Code. Section 9. Section 4.8, Off Street Parking Table 4-7, is hereby amended to add the following: TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE Use Type Minimum # of Spaces and Additional Re uirements Commercial Uses Event Center One (1) parkin� space for each two and one-half (2.S��uests, measured bv building capacitv based on buildin� code limits of all areas used for the event, and one 1) parking space for each 200 square feet for areas devoted to food preparation, event sta�i�, and other su�ort activities. Section 10. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 11. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete Ordinance are available online and at Monticello City Hall for examination upon request. Brian Stumpf, Mayor ATTEST: Jeff O'Neill, Administrator AYES: NAYS: ��li�d� ��r��1�� 4��Oi�4A��dh ��t 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Monticello Planning Commission Angela Schumann, Community Development Director FROM: Stephen Grittman DATE: February 28, 2019 RE: Monticello — Event Centers Ordinance Amendment FILE NO: 191.06 — 18.15 Attached to this memorandum is a draft ordinance related to the creation of a separate land use category labeled "Event Centers". Two primary changes have elevated event centers to the point where treating them as a separate land use category is helpful. First, the event center use has grown by expanding to new venues out from more traditional reception halls that were part of other public assembly venues. Common traditional venues have been churches or hotel "ballroom" types of facilities. Historically, zoning ordinances have accounted for larger events as a common accessory activity to these public assembly uses. Particular growth in the number of events seeking commercial facilities that may have been non-traditional locations has raised a potential conflict with merely assuming that events were a commonplace accessory activity. Second, and driving the first item, is the increasing variation in the size of events now seeking other locations. As more people seek outside venues for smaller events, the number of such activities has grown. As such, it is no longer a safe assumption that irregular gatherings or "assemblies" will be rare and occasional, or that the impacts of allowing event gatherings will remain inconsequential to the surrounding neighborhood. To address this issue, staff has proposed the attached draft for discussion at the Planning Commission. In essence, the event center activity is being distinguished from the previous category of use labeled "public assembly". The distinguishing characteristics tend to be the "predictability" of the gathering. Public assembly is viewed as a use that generates relatively predictable gatherings at regular times. For these uses, zoning regulations can rely on that predictability to address impacts on surrounding land uses. The event center use is distinguished by a wide variety of sized of assemblies that may or may not follow regular schedules — they would often be commercial in nature, and may or may not include alcohol licensing as an aspect of the use. Perhaps the most important aspect of the proposed ordinance is to ensure that assemblies within residential zones continue to include only the expected impacts on residential neighborhoods. To address this issue, the event center use is steered to commercial districts, including the CCD. The ordinance includes language that, through the CUP process, event centers that may have proximity to sensitive areas — such as residential areas — may expect to see restrictions on hours of operation or similar considerations. The ordinance is provided, still in a preliminary format, to permit Planning Commission comment and input at this early stage. Staff would expect to fine tune the details of the ordinance with using that input, and present a more formal ordinance for consideration at a subsequent meeting. 2 C��'i`E� 3: i15� Si��fi��t��5 Section 5. I Use Table �ubsection (A) F�cplanation of Use Table Structure CHAPTER 5: USE STANDARDS 5.1 Use Table (A) Explanation of Use Table Structure (1) Organization of Table 5-1 Table 5-1 organizes all principal uses by Use Classifications and Use Types. (a) Use Classi�cations The Use Classifications are: Agricultural Uses; Residential Uses; Civic and Institutional Uses; Office Use; Commercial Uses; and Industrial Uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and commercial uses). The Use Classifications then organize land uses and activities into specific "Use Types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. (b) Use Types The specific Use Types identify the specific uses that are considered to fall within characteristics identified in the use Classifications. For example; detached dwellings, parks and recreational areas, and schools are "Use Types" in the Single Family Residence District. (2) Symbols used in Table 5-1 (a) Permitted Uses = P A"P" indicates that a use is permitted by right, subject to compliance with all other applicable provisions of this ordinance. Uses may be subject to special regulations as referenced in the "Additional Requirements" column. (b) Conditionally Permitted Uses = C A"C" indicates that a use is permitted provided the City can establish conditions necessary to ensure the use is compatible to the proposed location and surrounding properties. Inability of the City to establish conditions to adequately control anticipated impacts is justification for denial of a conditionally permitted use. Conditional Uses may also be subject to special regulations as referenced in the "Additional Requirements" column. City a� i��nt�eeiio Coning'ir�inc�ne� I��€; .s�s �'HAPTER S: USE STAfilDARDS Section 5. I Use Table Subsection (A) F�cplanation of Use Table Structure (c) Interim Permitted Uses = I An "P' indicates that a use may be permitted for a brief period of time provided certain conditions are met, and a specific event or date can be established for discontinuance of the use. Inability of the City to establish conditions to adequately control anticipated impacts is justification for denial of an interim permitted use. Interim Permitted Uses may also be subject to special regulations as referenced in the "Additional Requirements" column. (d) Prohibited Uses = Shaded Cells A shaded cell indicates that the listed use is prohibited in the respective base zoning district. (e) Unlisted Uses If an application is submitted for a use that is not listed in Table 5-1, the Community Development Department is authorized to classify the new or unlisted use into an existing Use Type that most closely fits the new or unlisted use. If no similar use determination can be made, the use will be considered prohibited in which case an amendment to the ordinance text would need to be initiated to clarify if, where, and how a proposed use could be established. �h`�� :��`� ;�� c�� f�Ion�ieeiso �or�ir�g �rcr'ir�ante er-IA�rE� s: usE sr��aAa�s Section 5. I Use Table �ubsection (A) F�cplanation of Use Table Structure � � . .- . � -. �.. . . . . -. -. • . -. Residential Uses 5.2(Cl( I 1 Attached Dwelling Types 5.2(Cl(21(al - Duplex p C 5.2(Cl(21(bl - Townhouse C p 5.2(Cl(21(cl - Multiple-Family C P C C 5.2(Cl(21(dl Detached Dwelling p p p p p p None Group Residential P P P P P 5 2(C1(31 Facility, Single Family Group Residential C C C 5.2(C1(31 Facility, Multi-Family Mobile & Manufactured C C C P C 5.2(C1(41 Home / Home Park Civic & Institutional Uses Active Park Facilities P P P P P P P P P P P P p p p None (public) Active Park Facilities P P P P P P P 5 2(D1(11 (private) Assisted Living Facilities C P C C P 5•2(Dl(21 Cemeteries C C C C C C C 5•2(Dl(31 Clinics/Medical Services C p p C None Essential Services p p p p p p p p p p p p p p p None Hospitals C p p C 5.2(D1(41 Nursing/Convalescent C C C C C C C C C P P 5.2(Dl(5l Home Passenger Terminal C C C C None Passive Parks and Open P P P P P P P P P P P P p p p None Space Place of Public Assembly C C C C C p C 5.2(D)(6) Public Buildings or Uses C C C C C C C P C C P P C P P 5•2(Dl(7l Schools, K-12 C C C C C C � � 5.2(Dl(81 Schools, Higher Education None C Utilities (major) C C C 5.2(D1(91 O�ce Uses Offices P P P P P P P 5.2(El City of Monticello Zoning Ordinanc� Page 325 CHAPTER S: USE STAhlDARDS Section 5. I Use Table Subsection (A) F�cplanation of Use Table Structure � � . .- . � -. �.. . . . . -. -. • . -. Commercial Uses Adult Uses P P 3.7(Kl Auction House C 5.2(Fl(21 Auto Repair — Minor C C P P 5.2(F1(31 Automotive Wash Facilities P C 5.2(F1(41 Bed & Breakfasts C C C C C 5.2(F1(51 Brew Pub P P 5.2(F1(61 Business Support Services P P P P P None Commercial Lodging C P P 5.2(F1(71 Communications/Broadcasting P P P P 5.2(Fl(81 Convenience Retail C P P P 5.2(Fl(91 Country Club C 5.2(F�( I 0� Day Care Centers C C P P C 5.2(F�( I I� EntertainmentlRecreation, p p C C C 5.2(F�(12� Indoor Commercial EntertainmentlRecreation, C C C C 5.2(�(13� Outdoor Commercial Financiallnstitution P C P 5.2(�(14� Funeral Services P P 5.2(�(15� Kennels (commercial) C 5.2(�(16� Landscaping / Nursery P 5 2(�(17� Business Personal Services C P P P 5.2(�(2 �� Production Brewery or Micro-Distillery without P P 5.2(�( I 0�. Taproom Production Brewery or 5 2(�(23� Micro-Distillery with C C C C C 5 2(G�( I I� Taproom or Cocktail Room Recreational Vehicle Camp C 5.2(�(24� Site Repair Establishment C P P P P 5.2(�(25� Restaurants C P P C 5.2(�(26� Retail Commercial Uses (other) Buildings Less than P P P 5.2(�(27� 10,000 SF Retail Commercial Uses (other) Buildings Over 10,000 C P P 5.2(�(27� SF Pag� �� City af �onticelfo Zonrng �rdinanee er-IA�rE� s: usE sr��aAa�s Section 5. I Use Table �ubsection (A) F�cplanation of Use Table Structure � � . .- . � -. �.. . . . . -. -. • . -. Specialty Eating C P P P 5.2(�(28�. Establishments Vehicle Fuel Sales C C C 5.2(�(29�. Vehicle Sales and Rental C 5.2(�(30�. Veterinary Facilities C 5.2(�(31 �. (Rural) Veterinary Facilities C C C 5.2(F�(31 � (Neighborhood) Wholesale Sales P P P None Industrial Uses Auto Repair — Major C P P 5.2(G1( I 1 Bulk Fuel Sales and p p 5 2(Gl(21 Storage Contractor's Yard, � � � 5 2(G1(31 Temporary Extraction of Materials I I I 5.2(Gl(4l General Warehousing C C P P 5.2(Gl(51 Heavy Manufacturing C 5.2(Gl(61 Industrial Services C P None Land Reclamation C C C C C C C C C C C C C C C 5.2(G1(71 Light Manufacturing P P P 5.2(Gl(81 Machinery/Truck Repair & Sales P P 5'2(Gl(91 Recycling and Salvage Center C C 5.2(G�( I 0� Self-Storage Facilities C P 5.2(G�( I I� Truck or Freight C C 5.2(G�( I 2� Terminal Waste Disposal & Incineration C 5.2(�(13� Wrecker Services C P 5.2(�(14� City of Monticello Zoning Ordinanc� Page 327 Ci 7�iPTE� S: USE ST��iD�iR�5 Section 5.2 Use-Speci fic Standards Subsection (D) Regulations for Civic and Institutional Uses (b) New cemeteries shall be located on a site or parcel that fronts an arterial or collector street. (c) Cemeteries shall include adequate space for the parking and maneuvering of funeral processions. (d) Interments shall take place at least 50 feet from any lot line. (e) Cemeteries shall not be located within one-half mile of Interstate Highway 94. (4) Hospitals A hospital shall: (a) Be located on a site of at least five acres. (b) Be located on a parcel that fronts or has direct access to an arterial or collector street. (c) Be served by public water and wastewater systems. (5) Nursing or Convalescent Home (a) Side yards shall be double the minimum requirements established for the applicable district. (b) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with section 41(G) ofthis ordinance. (c) One (1) off-street loading space in compliance with Section 4.8 of this ordinance is installed. (6) Places of Public Assembly (a) Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. (b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. (c) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with section 41(G) ofthis ordinance. City a� i'i�-nt�ee�io �onsng'rvir��ne� ��; .s.�� f-t�P�� : 115� S°1`.�P�fCi��i�S Section 5.2 Use-Speci fic Standards Subsection (D) Regulations for Civic and Institutional Uses (d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 41(F) of this ordinance. (e) Adequate off-street loading and service entrances are considered and satisfactorily provided. (f) Public Assembly in the B-3 District: (i) Shall only be allowed on properties of 10 acres in size or more. (ii) Public Assembly uses in the B-3 District must occupy buildings of at least 20,000 gross square feet of area. (iii) Public Assembly uses in the B-3 District shall provide off-street parking areas that are designed to meet their unique traffic patterns and parking accumulation ratios. For the B-3 district, the requirement shall be one parking space per 2.5 seats in the main assembly area, based on the building code calculation for maximum occupancy. (iv) Proposed Public Assembly applications in the B-3 District will be required to provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without negatively impacting the adjoining public streets. Private and/or public street improvements may be required to ensure no negative impacts. (v) CUP applications for Public Assembly uses in the B-3 District will require the identification of the principal use, and those other uses of the subject property that are proposed as accessory uses. All such uses must be allowed in the B-3 District. (7) Public Buildings or Uses: (a) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with section 4.1(G) of this ordinance. (b) Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. (8) Pre-K-12 Schools (public or private): (a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. Section 4.1(F): Standards,� Vehicular Use Area LandscapinQ �h`�� ;�� c�� f�Ion�ieeiso �or�ir�g �rcr'ir�ante C�-i�il�i`E� S: i�5� Si��f��t�L35 Section 5.2 Use-Speci fic Standards Su�section (F) Regulations for Commercial Uses (vi) Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. (c) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (d) In addition to items (a) through (c) above, day care centers in the I-1 district, shall adhere to the following additional requirements: (i) Only be allowed as a secondary combination use which complements a primary business; (ii) Only be conducted in the principal building, and not exceed 20% of the total principal building square footage; (iii) Be physically separated from the other activities occurring in the principal building; (iv) Not have a dedicated entrance (other than emergency e�ts) from the exterior of the principal building; (v) Not have dedicated off-street parking or signage. (12) Entertainment/Recreation — Indoor Commercial (a) No auctions shall take place on the premises. (b) Outdoor storage shall be prohibited. (c) Noise shall be controlled consistent with the standards of this ordinance. (d) When abutting a residential use, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with section 41(G) of this ordinance (13) Entertainment/Recreation — Outdoor Commercial Se�tion 41 �G): (a) When abutting a residential use, the property shall be screened with at least a St�ndards,� semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with section Perimeter Buffers 41(G) ofthis ordinance. (b) Adequate measures to contain the proposed activity on the subject site shall be provided (c) Dust and noise are controlled consistent with City Ordinance. City a� i��nt�eeiio Coning'ir�in�ne� Ir��; .s�� f-t�P�� : 115� S°1`.�P�fCi��i�S Section 52 Use-Speci fic Standards Subsection (F) Regulations for Commercial Us,� ; (ii) Dry cleaning operations shall be self-contained in terms of noise and fumes with no venting to outside of building. (iii) Dry cleaning facilities shall have direct access to majorthoroughfare via driveway or frontage road. (c) Tattoo parlors shall be restricted to the B-4 district. (22) Places of Public Assembly In the CCD, F-1 sub-district, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street-level architecture as defined in the City's Comprehensive Plan, and detailed in the document "Embracing Downtown Monticello." (b) Site planning shall minimize parking lot development adjacent to public areas in the district, including streets, pathways, and open spaces. (23) Production Breweries and Micro-Distilleries with Accessory Taproom or Cocktail Room Production Breweries and Micro-Distilleries with Accessory Taproom or Cocktail Room shall be allowed by conditional use permit in the CCD, B-3 and B-4 Districts, provided that: (a) The owner ofthe brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to Minn. Statutes Section 340A301. (b) The Brewery or Micro-Distillery includes an accessory brewer's taproom or cocktail room for the on-sale of products produced on-site, and such room shall require the applicable license from the City of Monticello, according to City Code Section 3-1-13. (c) On-site sale of beer in the form of growlers shall require a Brewery License for Off-Sale of Malt Liquor, according to City Code Section 3-1-13. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello. (d) Tota1 production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off-sale malt liquor license. wJ`�� 1�.�: ;� �.� �� r�ront�eeiso Cor�ing tJrc�rr�arree �`�� f �� i�f�l�r`�� `}� ��F ;x� 8.4 De finitions ��section (B) Lots DWELLING: A building or portion thereof designated exclusively for residential occupancy, including one-family, two-family, and multiple family dwellings, but not including hotels, motels, and boarding houses. DWELLING, ATTACHED: A structure intended for occupancy by more than one family, including duplexes, townhomes, multi-family dwellings, apartments, and condominiums. Accessory dwelling units as defined and permitted by this ordinance are incidental to a principal dwelling unit and are not considered to be attached dwellings. DWELLING, DUPLEX OR TWO-FAMILY: Any building that contains two separate dwelling units with separation either horizontal or vertical on one lot that is used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or occupied for living purposes. DWELLING, SINGLE FAMILY DETACHED: Any building that contains one dwelling unit used, intended, or designed to be guilt, used, rented, leased, let or hired out to be occupied, or occupied for living purposes by one (1) family. DWELLING, MULTIPLE FAMILY: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other but sharing hallways and main entrances and exits. DWELLING iTNIT: An area within a structure designed and constructed to be occupied by one family which includes permanent provisions for living, cooking, and sanitation. Dwelling unit does not include hotels, motels, group residential facilities, correctional facilities, nursing/convalescent home, rehabilitation centers, or other structures designed for transient residence. EFFICIENCY APARTMENT: A dwelling unit consisting of one (1) principal room exclusive of bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking (kitchenette). ENTERTAINMENT, INDOOR COMMERCIAL: An establishment providing completely enclosed recreation or entertainment activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice-skating, billiards, pool, motion picture theaters, and related amusements. This use does not include adult uses. ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial City a� i��nt�eeiio Coning'ir�inc�ne� I��€; ��s �t-i��;�� a :�� Section 8.4 De f�=�=°�a.r. � m� Subsection (B) L��:ry; entertainment businesses include, but are not limited to, a golf driving range, sand volleyball courts, go-carts, or a miniature golf course. This use does not include projectile weapon ranges (archery or shooting), a stadium or a drive-in movie theater. ERECT: Activity of constructing, building, raising, assembling, placing, affi�ng, attaching, creating, painting, drawing or any other way of bringing into being or establishing. EROSION: The wearing away of the ground surface as a result of the movement of wind, water, ice and/or land disturbance activities. EROSION CONTROL: A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION PREVENTION: Measures employed to prevent erosion. Examples include, but are not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR: A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function ofthe essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. Essential Services do not include buildings or uses that include human occupancy or activity beyond occasional service or maintenance. EXTRACTION OF MATERIALS: the development or e�traction of a natural resource in excess of four hundred (400) cubic yards from its natural occurrences on affected land without processing. EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the year. �� City �j iYiont�ee�so �onrr�g �rainan�e �`,��"�� .�� I�ii�i�%i5 `}� ��F ;x� 8.4 De finitions ��section (B) Lots PERMITTEE: Applicant for and recipient of an approved permit. PERSON: An individual, firm, partnership, association, corporation, or organization of any kind. PERSONAL SERVICES: Establishments that primarily engage in providing services generally involving the care of the person or person's possessions. Personal services may include but are not limited to: laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios. PHASING (in relation to grading): Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. PLACE OF PUBLIC ASSEMBLY: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which such functions and activities are held. PLAN REQUIREMENTS AND DESIGN GUIDELINES: Manual detailing City specifications for all plan requirements. PLANNED UNIT DEVELOPMENT: A type of development which may incorporate a variety of land uses planned and developed as a unit. The planned unit development is distinguished from the traditional subdivision process of development in that zoning standards such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources as may be required. PLANTING STRIP: Areas intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk. PORTABLE CONTAINER: A large container designed and rented or leased for the temporary storage of commercial, industrial, or residential household goods that does not contain a foundation or wheels for movement. PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. City a� i��nt�eelio Coning'ir�inc�ne� I��€; �.� i°' Planning Commission Agenda — 4/02/2019 2B. Public Hearing — Consideration of a reauest for an amendment to the Spaeth Industrial Park Planned Unit Development District and related ordinance text amendments. Applicant: Ken Spaeth. (NAC) Property: Planning Case Number: Legal: Lot 2, Block 3, Oakwood Industrial Park Address: 108 Dundas Road 2019-007 A. REFERENCE & BACKGROUND Request(s): Deadline for Decision: Land Use Designation: Zoning Designation: Overlays/Environmental Regulations Applicable: Current Site Use: Surrounding Land Uses: North: East: South: West: Amendment to an approved PUD District to accommodate industrial self-storage, and related amendments to definitions and uses in the Monticello Zoning Ordinance. Apri129, 2019 Placesto Work PUD, Spaeth Industrial Park PUD District The purpose of the Spaeth Industrial Park PUD District is to provide for the development of certain real estate subj ect to the District for industrial land uses. NA Vacant Industrial Industrial Medium Density Residential Industrial Project Description: The applicant received approval for an Industrial PUD in 2017. The PUD proj ect incorporates a series of individua16,976 square foot industrial buildings, each of which can be subdivided into 3 separate 2,325 square foot bays. The applicant seeks amendments to permit these bays to be used by individuals for "self-storage" or private use, rather than restricted to industrial uses otherwise permitted in the district and the area. Planning Commission Agenda — 4/02/2019 This action would include creating definitions and threshold requirements for "Commercial Self-Storage" and "Industrial Self-Storage, and allocating each to specific locations. Finally, as a part of this amendment, the applicant also seeks the following clarifications to the original PUD: • Consideration of any final signage requests; • Increasing building height from 16 feet to a proposed 18 feet; • Providing for flexibility in internal (rear) door size and location; and • Phasing as it relates to pavement improvements. ANALYSIS As noted, the applicant wishes to accommodate use and ownership of the individual bays for personal storage or hobby use, in addition to the industrial uses of the site otherwise allowed in the district. In Monticello's zoning ordinance, "Self-Storage" is a use allowed by Conditional Use Permit in the B-3, Highway Business District, and as a permitted use in the I-1, Light Industrial District. General Warehousing is a Conditional Use in the B-3 and IBC (Industrial Business Campus) Districts, and Permitted in the I-1 and I-2 (Heavy Industrial) Districts. General Warehousing is defined as follows: GENERAL WAREHOUSING: Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse The zoning ordinance does not have a definition of "Self-Storage". In Monticello, and the surrounding region, "Self-Storage" businesses are characterized by buildings that have a variety of sizes of storage units in larger buildings, which rent to any user by the month. Sizes of units typically range as small as 50 square feet to 400 square feet — there are a few locations that have a limited supply of space up to 1,000 square feet in area. Warehousing in contrast, is characterized by larger facilities that nearly always have separate dock or overhead door access, and typically are long-term uses of property, rather than short term rentals. 2 Planning Commission Agenda — 4/02/2019 To accommodate the applicant's request, and avoid mixing smaller high-traffic self- storage with industrial uses, staff is suggesting that definitions be added to the zoning ordinance that distinguishes "Commercial Self-Storage" from "Industrial Self- Storage", and allocate each use to the appropriate zones or land use districts (since most of these facilities are developed through PUD zoning). Staff proposes the following definitions: COMMERCIAL SELF-STORAGE: A land use characterized by a variety of sized spaces available to the general public for rent on short-term periods, and for which size of individual spaces are less than 1,000 square feet in area. Commercial Self-Storage facilities are limited to storage use only, with no separate business activities permitted as part of the use. INDUSTRIAL SELF-STORAGE: A land use characterized by larger spaces available to occupants for the purposes of storage of commercial, industrial, or personal goods, as well as business, industrial, or hobby activities, provided that no such space is subdivided to a total area that is less than 1,000 square feet in area. Such spaces, if leased, shall be leased for long-term periods of no less than one year. For Industrial Self-Storage, staff would envision a restriction that each separate space be required to have its own overhead door and separate service door as a way of ensuring that the space is not further subdivided to sizes below the "industrial" threshold. That is, common overhead door access between occupants will not be permitted. Under these definitions, staff would recommend that "Commercial Self-Storage" be limited to the B-3 Zoning District, and that "Industrial Self-Storage" be limited to the I-1 and I-2 Districts as Permitted Uses, and IBC Districts as a Conditional Use. Staff would further recommend that "General Warehousing" be deleted as a use in the B-3 District. This use is much more typical of industrial areas, given large truck operations that would be inconsistent with the commercial intent and purpose of this district. The purpose of these distinctions is to limit the higher-traffic visits that commercial self-storage can generate from interfering with industrial traffic areas, and to limit the non-storage uses to the industrial areas. OTHER ITEMS: In discussing the application with the applicant, the following items are noted as additional clarifications to the previously approved Planned Unit Development. Planning Commission Agenda — 4/02/2019 Si�nage. The applicant is considering the potential for locating a freestanding sign on the property to identify occupants of the PUD, particularly as some do not have direct exposure to the public street. The applicant will be working on a proposed sign plan to present with the updated site plan as a part of this review. No PUD flexibility is being sought at this time and the applicant is expected to comply with all requires sign ordinance provisions as part of the PUD. Buildin� Height. The original PUD Plans anticipated a 16 foot building height. The applicant would like to amend that to 18 feet. This amendment is not expected to impact any aspects of the PUD, and would be effective for all buildings in the project. Rear poor Placement. The applicant is proposing to clarify that internal access doors (particularly rear-side overhead doors for individual units) are likely to shift in size and location, depending on the needs of the specific occupants. For such internal doors, no amendments will be required to accommodate this flexibility. However, overhead doors affecting the proposed parking configuration and count would require additional PUD amendment review. Phasin�. The phasing plan presented and approved for the PUD indicates that the project will be constructed in phases as building sites are sold and/or proposed by buyers. The applicant will construct the plat with utilities and the ring-road curb and pavement, filling in paved and curbed areas between buildings as building construction proceeds. As a further point of clarification, the applicant will need to work with City staff to maintain drainage and erosion control, as well as paved access and parking for constructed buildings. Paving beyond the internal lot lines of individual buildings may be required to maintain access and drainage, within the limits of the approved PUD site plan. B. ALTERNATIVE ACTIONS Motion to adopt Resolution No. PC-2019-011, recommending approval of the PUD District Amendment for Spaeth Industrial Park PUD District, and amendments to the Zoning Ordinance establishing "Commercial" and "Industrial" Self-Storage land uses. 2. Motion to deny adoption of Resolution No. PC-2019-011, based on findings to be stated by the Commission following the Public Hearing. 3. Motion to table action on the Resolution, pending additional information from applicant or staff. C. STAFF RECOMMENDATION Staff recommends approval of the amendments to the Zoning Ordinance and the Spaeth Industrial Park PUD District. The uses proposed by the applicant should integrate well in the industrial areas of the City, without introducing undue public � Planning Commission Agenda — 4/02/2019 activity in those locations. By separating "Commercial" and "Industrial" self-storage, the ordinance would acknowledge the differences between the attributes of these two distinct uses and provide a usable definition and use allowances for application of the code. With the amendment to the code, it is reasonable to incorporate the new "Industrial Self-Storage" use into the Spaeth PUD District, which is intended for storage and small-scale industrial business use. D. SUPPORTING DATA A. Resolution PC 2019-011 B. Ordinance No. X for Ordinance Amendments C. Ordinance Na X for Spaeth Industrial PUD D. Aerial Site Image E. Applicant Narrative F. Approved Spaeth Industrial Park Plans, excerpts including: a. Proj ect Location Plan b. Grading & Drainage Plan c. Site Plan d. Phasing Plan e. Building Elevations £ Floor Plan Z. Conditions of Approval EXHIBIT Z Conditions of Approval Spaeth Industrial Park — PUD Amendment The PUD will comply with the proposed definition and performance standards for Industrial Self-Storage uses. 2. The applicant will need to work with City staff to maintain drainage and erosion control, as well as paved access and parking for constructed buildings. Paving beyond the internal lot lines of individual buildings may be required to maintain access and drainage, within the limits of the approved PUD site plan. 3. The applicant will prepare a sign plan and updated site plan compliant with the City Sign Ordinance as a part of final stage PUD review for the proposed amendment. 4. Applicant execute an amendment to the Development Agreement for the plat and PUD reflecting the terms and conditions of any approval of the proposed amendment. 5 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2019- RECOMMENDING APPROVAL OF AMENDMENTS TO THE MONTICELLO ZONING ORDINANCE AFFECTING THE DEFINITIONS AND USES, THE SUBJECT ZONING DISTRICT, DEVELOPMENT AGREEMENT, PERMITTED USES, SITE PLAN, BUILDING PLANS, AND PHASING FOR SPAETH INDUSTRIAL PARK PUD WHEREAS, the applicant has submitted a request to divide its property along Dundas Road, PID No. 155018003020 into eight parcels; and WHEREAS, the applicant received original approvals for such subdivision and a PUD request; and WHEREAS, the applicant is seeking amendments to the PUD related to use, building height, signage, phasing and door placement; and WHEREAS, the applicant concurrently proposes to develop the property for industrial uses; and WHEREAS, the site is guided for industrial uses under the label "Places to Work" in the City's Comprehensive Plan; and WHEREAS, the proposed PUD, along with the companion Plat, are consistent with the long-term use and development of the property for industrial uses; and WHEREAS, the Planning Commission held a public hearing on Apri12, 2019 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: 1. The PUD provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by putting the existing and proposed buildings to industrial use. 2. The proposed improvements on the site under the PUD are consistent with the needs of the PUD in this location as an industrial area. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2019- 3. The improvements will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 4.. The PUD flexibility for the proj ect, including parcels without public street frontage, are consistent with the intent of the City's economic development obj ectives, as well as with the intent of the PUD zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves Ordinance No. 6XX, including the Zoning Ordinance Amendments, Zoning District Amendments and PUD Development Agreement Amendments as noted in the Staff Report for Apri12, 2019 and subj ect to the following conditions: The PUD will comply with the proposed definition and performance standards for Industrial Self-Storage uses. 2. The applicant will need to work with City staff to maintain drainage and erosion control, as well as paved access and parking for constructed buildings. Paving beyond the internal lot lines of individual buildings may be required to maintain access and drainage, within the limits of the approved PUD site plan. 3. The applicant will prepare a sign plan and updated site plan compliant with the City Sign Ordinance as a part of final stage PUD review for the proposed amendment. 4. Applicant execute an amendment to the Development Agreement for the plat and PUD reflecting the terms and conditions of any approval of the proposed amendment. ADOPTED this 2"d day of April, 2019, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING CONINIISSION : ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE, CHAPTER 5, TABLE 5-1 RELATING TO GENERAL WAREHOUSING AND SELF STORAGE USES; SECTION 5.2 (G) (13), RELATING TO THE PROVISION FOR "COMMERCIAL SELF STORAGE, AND 5.2 (G)(17) RELATING TO "INDUSTRIAL SELF STORAGE"; AND SECTION 8.4, DEFINITIONS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Section 1. Chapter 5, Table 5-1 is hereby amended as follows: "General Warehousing" is hereby deleted as a use in the B-3, Highway Business District. Section 2. Chapter 5, Table 5-1 is hereby amended as follows: "Self Storage" is relabeled to read "Commercial Self-Storage" Section 3. Chapter 5, Table 5-1 is hereby amended to add the following: "Industrial Self Storage" as a Permitted Use in the I-1 and I-2 Districts, and as a Conditional Use in the IBC District, subject to the requirements referenced in Section 5.2(G)(17). Section 4. Chapter 5, Section 5.2(G), Regulations for Industrial Uses, is hereby amended to add the following: Section 5.2(G) (17) Industrial Self Storage. (1) Such Facilities shall occupy no less than 1,000 square feet per individual storage unit in any complex or building. (2) All individual units shall have overhead door access and service access separate from other units, and no common access shall be permitted. (3) Individual units, if leased, shall be leased for periods of no less than twelve (12) months. Section 5. Chapter 8.4, Definitions is hereby amended to add the following: COMMERCIAL SELF-STORAGE: A land use characterized by a variety of sized spaces available to the general public for rent on short-term periods, and for which size of individual spaces are less than 1,000 square feet in area. Commercial Self-Storage facilities are limited to storage use only, with no separate business activities permitted as part of the use. INDUSTRIAL SELF-STORAGE: A land use characterized by larger spaces available to occupants for the purposes of storage of commercial, industrial, or personal goods, as well as business, industrial, or hobby activities, provided that no such space is subdivided to a total area that is less than 1,000 square feet in area. Such spaces, if leased, shall be leased for long-term periods of no less than one year. Section 6. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 7. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BYthe Monticello City Council this _ day of , 2019. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill, City Administrator VOTING 1N FAVOR: VOTING 1N OPPOSITION: ORDINANCE NO. X CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY AMENDING SECTION 2.4(0), THE "SPAETH INDUSTRIAL PARK PUD", A ZONING DISTRICT IN THE CITY OF MONTICELLO, THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section 2.4(0) (a) — Planned Unit Developments, Title 10 — Zoning Ordinance is hereby amended to read as follows: (a) Permitted Uses. Permitted principal uses in the Spaeth Industrial Park PUD District shall be i. Indoor industrial uses as found in the I-2, Heavy Industrial District of the Monticello Zoning Ordinance, subj ect to the � approved Final Stage Development Plans dated , and development agreement dated , 2017, as may be amended. � ii. The introduction of any other use from any district, including Conditional Uses in the I-2 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter �� 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. iii. Industrial Self-Stora�e, as defined bv the Monticello Zonin� Ordinance. Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ORDINANCE NO. X ADOPTED BYthe Monticello City Council this day of , 2019. ATTEST: Jeff O"T •„ " , • • , , AYES NAY� Brian Stumpf, Mayor ,� 0 � C O � 0 � a � � °� L U � -;.*'-�� jq �� f�l(l , � 4' - .�. r - _„-� _ � .� f�' , �I' r� ,�.�� =:, c � v j i ��,-'�la� � +r , `�•�� •}t�� y I � � � .ri, c��e � � ,��r� � �� I. r . — � � _ {� � � , � � �� r � 3, ��.. r 4 1 �� '7�'"�+� � : �, .. � • . 6 �. � ' -� �- �,� C �Is. . p • _' -:�: . v r� � _ GO 04 4 'r . . � �. � �� ,,. ..'S�a � �.��, �� . _. . -_ 7 �t I �� 4 , � ��:. � � ' i) ' E,. ° r. ".. _. � f�, ]� � r� � �g� -, : 7 r . /� �� R F r] � , �- ]� Y � ' � n ,r�` � _ � �,, � � ' � ' ..� �.�� pGE'pR :s - � � ��L • � N�y c�vw � - e-J-[0 r., i� • `(�+v .. � rt w '�y , _ e _ vr �. � � ,� � � � ,. �� ,.�: � . + `G: t � �' �:.^ ' C . � �:. .� . .. . , i�+ tr G�; � r .. . �r ,:�, "!,: �`�s� - -� r i . � 1�y: y �?.�� R� e. �!•r�. .. �� rr' � �n� • � �� ' Ir� ` : "a 1 ► oG �F- Cj . �I a. � - - ` �' - d � � ♦ F 4 ��a - !• J � � � 5 � � � i {� �j� r rt 1�`� -��`Y, r .V r �' _. xR � �:. �� ' ., ' �� ,• � v i� � =� " ��G �� - _ �-li:�'F_i Y�� (:� t�'.., n.._ "�' � � i� � � .,''r � ._ �y'��y r` i �,�� u7; �� F �� J �" {— 0 ' �.. �' � M ..._,�,/�,s ; . _ -'�, � ' i� '�, w � _ n _ ' j,'! � � � � bl� 5'd�Nna � �� 9•�.�� .... �: � a , ;d ,� ' � i r� � `� �. � -r i . F . r �. M . J l � ' `C � ". �. 4� �� ' � � . . 'i Q F � • a. w :,-� �� _. � � . . r � � � � �� _� {� � � � J � � � �,i. � I ��I e� . rG (/1 r "1'�.' . . :I�� i s `� � � � 1 . l[1 w}�� y � Q �} 4 �ra? � * i � "�► R'� . 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St. Michael, Mn. 56557 612-889-3100 2-25-19 City of Monticello Community Development Att: Angela In regards to the Spaeth Industrial Park I'm sending you a request to add self storage to the PUD. The buildings I'm building are 6976 sq. ft. and are to be subdivided into 3-units with 2325 sq ft, each. In asking for the amendment I would restrict subdividing the units any smaller with covenants approved by the city. The intent for the park is still for small business but adding additional uses of storage/man cave. We'd still abide by the no outside storage. 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Public Hearin� - Consideration of a request for amendment to Title 11— Monticello Subdivision Ordinance. Applicant: Citv of Monticello (AS) A. REFERENCE AND BACKGROUND: The City of Monticello is in the process of recodification of the full text of the Monticello City Code, with the exception of the Zoning Ordinance. The city is working with the League of Minnesota Cities/American Legal Publishing for the recodification. The city is responsible for maintaining its laws in current and comprehensive format for residents and stakeholders to use and access. The City Code, with the exception of the Zoning Ordinance, has not been substantially reviewed in a number of years. In many cases, provisions of the ordinance are outdated or inaccurate. In addition, state statutes may have been adopted which create additional inconsistency or inaccuracy within the code. As a result, the city's work with American Legal Publishing is an opportunity to review the code in full for reliability and accuracy. All city departments have been responsible for the review and update of various sections of the code. This review includes the Subdivision Ordinance. Subdivision regulations are an important tool in implementation of the Comprehensive Plan. The city's authority to regulate subdivision comes through Minnesota Statute 462.358, attached as supporting data and Statute 505. The statute provides the purpose for these regulations within its first subdivision, and does on to provide the framework under which cities regulate subdivision. With the 2008 Comprehensive Plan, an update to the Subdivision Ordinance was recommended. At this time, staff are presenting a revised Subdivision Ordinance for public hearing. The majority of the revisions to the document are structural in nature, with the content of the ordinance having been reorganized, reformatted, or revised for consistency in terminology and language update. Other changes or revisions are summarized below. 1. Exceptions to subdivision for lot line adjustments and administrative lot combinations and splits were consolidated to a single section area; previously they existing in both Exceptions and Conveyance by Metes and Bounds. The exception processes now require the review of both Planning Commission and Council. 2. Addition of commonly used definitions, including terminology, deletion of unused terms, and additional clarification to existing terms. 3. Update of the procedures for preliminary and plat review to reflect actual practice and to include provisions for findings related to approval, denial or required modification of plats. 4. Addition or clarification of subdivision plan and data submittal requirements. 5. Updating of Design Standards and Basic Required Improvements sections in accordance with the minimum improvements required per the city's Design Manual and Standard Specifications, as well as the zoning ordinance and other state and Planning Commission Agenda: 04/02/19 federal requirements. Revision to provisions relating to development agreements and addition of information on the process for city or developer-installed improvements are also proposed. 6. Clarification of the application of park dedication to residential PUD. Staff has provided a link to the current ordinance for use in comparing the proposed ordinance to the existing. Staff would recommend that Commission focus its review on the Subdivision Design Standards and Basic Required Improvements sections, as the majority of substantive change in ordinance language occurs in these sections. Planning Commission will note that the final renumeration of the code is not present in this draft. The final outline lettering and numbering will be undertaken by American Legal Publishing with the full code recodification. Once moved forward by the Planning Commission, the Subdivision Ordinance recodification will be placed within the full code revision presented to the City Council for review and adoption. B. ALTERNATIVE ACTIONS: Motion to adopt Resolution PC-2019-0XX recommending adoption of the recodified and amended Monticello Subdivision Ordinance. 2. Motion to adopt Resolution PC-2019-0XX recommending adoption of the recodified and amended Monticello Subdivision Ordinance, subject to those amendments as proposed by the Planning Commission. Motion to deny Resolution PC-2019-0XX recommending the adoption of the Monticello Subdivision Ordinance, based on findings to be made by the Commission. 4. Motion to table action on the item. C. STAFF RECOMMENDATION: Staff recommends Alternative #1 above. Updating of the City Code is a large undertaking but will result in an ordinance that is both more accessible and useable. The Subdivision Ordinance, as part of the larger document, has been updated to reflect consistency with current practice and design documents of the City. It will also be reviewed by American Legal for compliance with applicable statutes. D. SUPPORTING DATA: A. Subdivision Ordinance, Current: https://www. ci. monticello. mn.us/index. asp? SEC=6EAAF2C4-ESF 1-46EE-8310- SE14734F8566&DE=B7239EB3-A85A-4687-8D86-41C9E7528A85&Ty�e=B_BASIC B. Subdivision Ordinance, Proposed C. NIN Statute 463.358 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF CITY CODE - SUBDIVISIONS Section General Provisions Short title Purpose Scope Conditions for recording Effect of Provisions on other permits and agreements Severability Exceptions Interpretation Rules Definitions Amendment Variances Procedure Pre-application Procedure for preliminary plat Procedure for final plat Data Required for Preliminary and Final Plats Preliminary plat Final plat Subdivision Design Standards Conformity with other standards Interpretation of requirements Land requirements Blocks Lots Streets and Alleys Easements Erosion and Sediment Control Drainage Steep Slopes Wetland Systems Open Space and Landscaping Protected Areas Mail and paper box locations Parks, Open Space & Public Use Dedication requirements Cash contribution Combination of land dedication and cash contribution Delayed dedication payment Purchase or condemnation of lands Location and configuration of dedication Basic Required Improvements General Construction Improvements Street Improvements Sanitary Sewer and Water Distribution Improvements Grading Drainage and Stormwater Management Public Utilities Private Utilities Monument and Survey Requirements Pathways Other improvements Registered Land Surveys and Conveyance by Metes and Bounds Fees Base fee per application Staff and consultant fee Payment Violations Sale of lots from unrecorded plats Receiving or recording unapproved plats Misrepresentation as to construction, supervision or inspection of improvements Penalty GENERAL PROVISIONS § 152.001 SHORT TITLE. This chapter shall be known as the "Subdivision Ordinance of the City of Monticello", and will be referred to herein as "this chapter". § 152.002 PURPOSE. In order to safeguard the best interests of the city and to assist the subdivider in harmonizing his or her interests with those of the city at large, the following chapter is adopted in order that adherence to same will bring results beneficial to both parties. It is the purpose of this chapter to: Encourage well planned, efficient, and attractive subdivisions by establishing adequate standards for design and construction. Provide for the health and safety and general welfare of residents by requiring the necessary services such as properly designed streets and adequate sewage and water service. Place the cost of improvements against those benefiting from their construction. Secure the rights of the public with respect to public lands and waters. Make certain regulations and requirements for the platting of land within the city pursuant to the authority contained in Minnesota Statutes Annotated, including 452.358 and 505, which regulations the City Council deems necessary for the health, safety, and general welfare of this community. § 152.003 SCOPE. The provisions of this chapter relate to any division of a tract of land into two or more parcels by platting replatting, conveyance, registered land survey, or other means, and the combination or recombination of parcels that for which compliance with the zoning ordinance would be affected. § 152.004 CONDITIONS FOR RECORDING. No plat or any subdivision shall be entitled to record in the County Register of Deeds office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this chapter. § 152.005 EFFECT OF PROVISIONS ON OTHER PERMITS AND AGREEMENTS. No building permits will be considered for issuance by the city for the construction of any building structure, or improvement to the land or to any lot in a subdivision as defined herein until all requirements of this chapter have been fully complied with. Private Agr�eements. This chapter is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements on an easement, covenant, or other private agreement, the requirements of this chapter shall govern. 152.6 SEVERABILITY If any court of competent jurisdiction invalidates any provision of this ordinance, then such judgment shall not affect the validity and continued enforcement of any other provision of this ordinance. If any court of competent jurisdiction invalidates the application of any provision of this ordinance to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other building structure, or situation not specifically included in that judgment. If any court of competent jurisdiction rules invalid any condition attached to an approval under this ordinance, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment. No judgment of any court of competent jurisdiction shall be considered final until all appeals therefore have been exhausted. 152.7 EXCEPTIONS. When requesting a subdivision, combination or recombination, if any of the following conditions exist, the subdivider is required to present accurately drawn site and certified survey plan information for the proposed subdivision, combination or recombination, have the subdivision, combination or recombination reviewed by the Planning Commission, reviewed and approved by the City Council, and adhere to the park dedication requirements of this ordinance, Section X through X. A division which results in commercial or industrial parcels having an area of five (5) acres or more with frontage on a public right-of-way measuring three hundred (300) feet or more and which does not result in the division of the parcel into two or more lots, any one of which is less than five acres in area or 300 feet in width and which does not necessitate the dedication of a public right-of- way. Such division shall not cause any structure on the lot to be in violation of the Zoning Ordinance or said new portions of lots to be in violation of City Ordinance. Division of one (1) previously platted parcel into no more than two (2) buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. The adjustment of a lot line by the relocation of a common boundary and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. Division of an existing lot of record where the division is to permit the adding of a parcel of land to an abutting lot or lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this ordinance or the zoning ordinance, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. Combination of two (2) or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. Any easements which become unnecessary as a result of the division or combination must be vacated. In addition, new easements must be established as determined by the City Engineer. In the event that the County Recorder shall refuse to record an administrative subdivision due to the legal description of the proposed parcels or for any other reason, the applicant shall be required to comply with all of the requirements of the Subdivision Ordinance for Preliminary Plats. § 152.008 INTERPRETATION. In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Where the provisions of this chapter impose greater restrictions than those of any other ordinance, code provision, or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or code provision, or regulation impose greater restrictions than this chapter, the provisions of the statute, other ordinance or code provision, or regulation shall be controlling. § 152.009 RLTLES. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word SHALL is mandatory and not discretionary. § 152.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALLEY. A public right-of-way which affords a secondary means of access to abutting property APPLICANT. The owner, the owner's agent, or any other person having legal control, ownership, and/or interest in the land proposed to be subdivided. BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake. BOLJLEVARD. The portion of a street right-of-way not occupied by pavement. CERTIFICATE OF SURVEY. A document prepared by a registered land surveyor which precisely describes the area, dimensions, and location of a parcel or parcels of land. CTTY. The City of Monticello. CTTY COLTNCIL. The governing body of the City of Monticello. CTTY ENGINEER. The engineer employed or retained by the city, unless otherwise stated. COMPREHENSNE PLAN. Refers to the group of maps, charts, and texts that make up the comprehensive long-range plan of the city. COL7NTY. Wright County, Minnesota. CROSSWALK. A right-of-way owned by the city or other governmental entity which provides access for pedestrians across a street to adj acent streets or properties. DESIGN STANDARDS. The specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum, or maximum dimensions of such items as rights-of-way, blocks, easements, and lots. DEVELOPMENT AGREEMENT. A written agreement between city and applicant in conjunction with the approval by the city of a subdivision. EASEMENT. A grant by a property owner for the use of land for the purpose of constructing and maintaining drives, and utilities, including but not limited to, sanitary sewers, water mains, electric lines, communication lines, storm sewer, or storm drainage ways and gas lines, wetlands, conservation easements, and pathways, including sidewalks and trails. FINAL PLAT. A drawing or map of a subdivision meeting all of the requirements of the city and in such form as required by the county for the purposes of recording. IlVIl'ROVEMENT. Any drainage or stormwater facility, roadway, parkway, sidewalk, trail, pedestrian way or crossing, landscaping, lighting off-street parking area, grading, utility, lot improvement or other similar facility. INDIVIDUAL SEWAGE DISPOSAL SYSTEM A septic tank, seepage tile sewage disposal system, or any other sewage treatment device. INSPECTOR. An authorized representative of the City Council assigned to make any or all necessary inspection of the work performed and materials furnished by a developer. LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. LOT OF RECORD. Any lot which is a part of a subdivision the plat of which has been recorded in the County Recorder's office, or a lot described by metes and bounds the deed to which has been recorded in the Cunty Recorder's office, at the time this chapter becomes effective. METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of the section, lot or rea by described lines or portions thereof. OUTLOT. A lot remnant or parcel of land after platting which is intended as open space or other use and for which no building permit shall be issued. OWNER. Includes the plural as well as the singular and where appropriate shall include a natural person, partnership, firm association, public or quasi-public corporation, private corporation, or a combination of them. PARCEL. An individual lot or tract of land. PARKS AND PLAYGROUNDS. Public land and open spaces in the city dedicated or reserved for recreation purposes. PATHWAY. A public or private right-of-way providing access for a variety of non-motorized users including pedestrians and bicycles which may be a paved or unpaved trail or sidewalk facility and its related appurtenant facilities. PERCENTAGE OF GRADE. On street centerline, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance. PLANNING COMMISSION. The Planning Commission of the city. PRELIMINARY PLAT. A detailed drawing or map of a proposed subdivision meeting requirements herein enumerated. PRIVATE IMPROVEMENT. Any improvement for which the city does not assume ownership or the responsibility for maintenance operation, but which instead is owned, maintained and operated by a private property owner or group of private property owners. PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. PUBLIC IMPROVEMENT. Any improvement for which the city may ultimately assume the ownership and responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. RIGHT OF WAY. Land acquired by reservation or dedication intended for public use and intended to be occupied or which is occupied by a street, pathway, railroad, utility lines, pipelines, water lines, sanitary sewer lines, storm sewer lines, or other similar uses. SETBACK. The minimum horizontal distance between a building and a street, lot line, ordinary highwater mar, or bluff line. Distances are measured from the most outwardly extended portion of the structure at ground level. SIDEWALK. Any portion of the street between the curbline and the adjacent property line, intended for the use of pedestrians. STREET. The public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane, place, or boulevard, or otherwise designated. ARTERIAL STREET. A street carrying larger volumes of traffic and serving as a link between various sub-areas of the community. These streets are intended to provide a collection and distribution of traffic between highways and collector streets; hence regulation of direct access to property is critical. COLLECTOR STREET. A street which carries traffic from local streets to the maj or system of arterial streets and highways. Collector streets primarily provide principal access to residential neighborhoods, including a lesser degree, direct land access. LOCAL STREET. A street which is used primarily for access to abutting properties and for local traffic movement. CUL-DE-SAC STREET. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. SUBDIVIDER. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, the purpose of transfer of ownership or building development of, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided. TRAIL. A public or private right-of-way providing access for a variety of non-VARIANCE. A modification or variation of the provisions of this chapter as applicable to a specific piece of property. Modification of the allowable use within a district shall not qualify as a variance. WATERCOURSE: A channel or depression through which water flows, such as rivers, streams, ditches or creeks and may flow year-round or intermittently. ZONING ADMINISTRATOR. The individual(s) assigned by the City Administrator or City Council charged with the responsibility of administering and enforcing this chapter. ZONING ORDINANCE. The Zoning Ordinance or resolution controlling the use of land as adopted by the city. § 152.011 AMENDMENT. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued. Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. The City Clerk may forward the application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. The City Council may hold a public hearing on the amendment if deemed necessary by the City Clerk After consideration of the Planning Commission recommendation and hearing the City Council may adopt the amendment or any part thereof in such form as it deems advisable. Approval of an amendment shall require a majority vote of all members of the City Council. § 152.012 VARIANCES. Variances to this ordinance shall be processed and reviewed per Monticello Zoning Ordinance, Chapter 2, Section 4(C) and in accordance with the standards for hardship established by 462.356. PROCEDURE § 152.025 PRE-APPLICATION. Prior to the preparation of a preliminary plat, the applicant or owners may meet with the zoning administrator, and other appropriate officials in order to be made fully aware of all applicable ordinances, regulations, and plans in the area to be subdivided. At this time, or at subsequent informal meetings, the applicant may submit for informal, non-binding comment a general concept plan of the proposed subdivision. The concept plan can be presented in simple form but should show that consideration has been given to the relationship of the proposed subdivision to existing city facilities, to neighboring subdivisions and developments, to the topography of the site, and to the suitability of proposed transportation, drainage, and utility systems. § 152.026 PROCEDURE FOR PRELIMINARY PLAT. Filing. Per the published application calendar, the applicant shall file a request for preliminary plat approval and the accompanying fee and escrow as adopted by ordinance. After the city has received the request for a plat approval, it shall inform the applicant within ten (10) days whether the submittal was complete. If deemed not complete, the applicant will be informed of needed material or information to be made complete. If no notification of completion is made by the city within ten days, the request will be placed on a regular Planning Commission agenda for consideration. The application shall be accompanied by a fee and escrow as provided for by City Council ordinance. The application shall also be accompanied by electronic and print copies of a preliminary plat and supportive information in conformity with requirements of this chapter and application checklists. The preliminary plat shall be considered as being officially submitted only when all of the information requirements of this ordinance are complied with, the appropriate fees paid, and escrows deposited. Where appropriate, the city staff will meet with the applicant to discuss the request and related information. Upon receipt of all the required information, the Zoning Administrator may forward the application and required information to the appropriate city staff consultants and city commissions for review and technical reports. The applicant shall supply proof of title in a form approved by the City Attorney and the legal description of the property for which the subdivision is requested and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested subdivision. Hearing. When an application is determined to be complete, the Zoning Administrator shall schedule a public hearing for public review of the preliminary plat. The hearing shall be held after adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description and a description of the request and shall be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any such proceedings a set forth within this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter. Timeline for review of the preliminary plat shall be in accordance with M.S. 462.356. Technical Assistance Reports. The Zoning Administrator shall instruct the appropriate staff to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council. Review by Other Commissions or Jurisdictions. The Zoning Administrator shall refer copies of the preliminary plat to the Parks and Recreation Commission and/or county, state, or other public jurisdictions for its review and comments, where appropriate and when required as determined by the Zoning Administrator. In cases where a proposed subdivision is adjacent to a county or state highway, the subdivision shall be subjectto county and/or state approval. Planning Commission Action. The applicant or a designated representative thereof shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed requires. The Planning Commission shall make a recommendation to the City Council following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat, and the statutory review period will expire before the next regularly scheduled Planning Commission meeting, the Council may act on the preliminary plat without the Planning Commission's recommendation. City Council Action. Upon completion of the report and recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council. The report and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary or take action based on Planning Commission recommendation. The City Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare. The City Council shall adopt a resolution approving or denying the request. The Council shall approve or disapprove the preliminary plat within 120 days following delivery of an application completed in compliance with this chapter, unless the time for Council decision has been extended pursuant to a written agreement with the applicant. The City Council may deny or require modifications to a proposed preliminary plat when said plat fails to comply with any of the requirements of this ordinance, or other applicable regulations, including the zoning ordinance. In addition, the City Council may deny or require modifications to a proposed preliminary plat when the City Council finds that despite technical compliance with applicable ordinances, the plat design results in a likelihood of extraordinary public costs for future maintenance or the potential for public safety hazards that are not typical for subdivisions in the City. The City Council reserves the right to deny or require modifications to a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, watercourses, scenic points, prehistoric and historical spots, and similar community assets, which, if preserved, will add attractiveness and stability to the proposed development of the property. If the preliminary plat is denied by the City Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, the approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare, and convenience of the city. Approval of a preliminary plat shall be null and void unless within 360 days after receiving the last required approval of the preliminary plat there shall be submitted to the Zoning Administrator a final plat or plats for all or a portion of the approved preliminary plat in accordance with the conditions upon which approval was granted by the Council. An extension from this requirement may be granted by the City Council upon the reception of a request for extension. An extension shall be requested in writing and filed with the city at least 14 days before the voidance of the approved preliminary plat. There shall be no charge for the filing of such request. The request for extension shall state facts showing a good faith attempt was made to meet the final plat submission requirement. Such request shall be presented to the City Council for a decision. In the event of changes to city, county, state, and federal development regulations, the city may require a preliminary plat to be amended to incorporate applicable changes, except as may be prohibited by Minnesota Statutes. Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The city may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required for the amendment if the opinion of the city is that the scope of the changes does not constitute a new preliminary plat. A filing fee, as established \by the city, shall be charged for amendment processing. Approval of the preliminary plat shall not be considered binding in regard to subsequent final plat contemplation. § 152.027 PROCEDURE FOR F1NAL PLAT. Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate all changes, modifications, and revisions required by the city. Otherwise, it shall strictly conform to the approved preliminary plat. The application for final plat shall be accompanied by electronic and print copies of a preliminary plat and supportive information in conformity with requirements of this chapter and application checklists. Approval of the City Council. The final plat shall be submitted to the Zoning Administrator for distribution to the City Council and appropriate city staff. The city staff shall examine the final plat and prepare a recommendation to the City Council. The City Council shall certify final approval within sixty (60) days if the applicant has complied with all conditions and requirements of applicable regulations and conditions and requirements of the preliminary plat approval. If approved, the final plat and development agreement shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. Development Agr�eement. Before a final plat is approved by the City Council and prior to recording or registering a final plat, the owner or subdivider of the land covered by the plat shall execute and submit to the Council an agreement, which shall be binding on his, her. or their heirs, personal representatives, and assigns, which embodies the terms and conditions of the approval given by the City Council, including but not limited to, requirements set forth in this chapter and which controls the installation of all required improvements. The agreement will require all improvements in compliance with approved engineering standards and applicable regulations. Said development agreement shall provide for the supervision and inspection of the construction by the city engineer and shall provide for the fees and securities in connection to the improvements. Existing Special Assessments. When any existing special assessments which have been levied against the property described are to be divided and allocated to the respective lots in the proposed plat, city staff shall: Estimate the clerical cost of preparing a revised assessment role; File the same with the County Auditor; and Make such division and allocation. Recording Final Plat. If the final plat and development agreement are approved by the City Council, the applicant shall record them with the County Recorder within 100 days after the approval or approval of the final plat shall be considered void, unless a request for a time extension is submitted in writing and approved by the City Council. The applicant shall, immediately upon recording furnish the Zoning Administrator with a print and reproducible tracing of the final plat showing evidence of the recording. A final plat will be not released by the city for recording purposes until the applicant has satisfied applicable ministerial requirements of this chapter, including payment of fees, execution of a developer's agreement, deposit of surety, letters of credit, mylar copies of the final plat, easement and deed documents, and all other requirements of approval by resolution. No building permits shall be let for construction of any structure on any lot in the plat until the construction plans have been approved by the city,the city has received evidence of the plat and development agreement being recorded by the county and the provisions of the subdivision's development agreement have been satisfactorily met. Recording of Multiple Phased Plats. If a preliminary plat is final platted in stages, unless otherwise provided for in the development contract, all stages must be final platted into lots and blocks (not outlots) within three years after the preliminary plat has been approved by the City Council. If the final plats are not approved and recorded in accordance with this time frame, the preliminary plat approval shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council prior to the expiration of the three-year period. Extension. Within 30 days of the deadline of recording of the final plat, the applicant may file with the Zoning Administrator a written request that said deadline be extended six (6) months beyond the date the extension is granted. The Zoning Administrator shall place the request on the agenda of a regularly scheduled City Council meeting to be held within thirty (30) days of the extension filing if in their opinion no change has occurred in any land use restriction or the comprehensive plan, or any other official control affecting the use, development density, lot size, lot layout, or dedication or platting required or permitted by the preliminary plat. DATA REQUIRED FOR PRELIMINARY AND FINAL PLATS § 152.040 PRELIMINARY PLAT. The owner or subdivider shall prepare and submit a preliminary plat together with any necessary supplementary information. Contents. The preliminary plat shall contain the following information: Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions; Location of boundary lines in relation to a known section, quarter section, or quarter- quarter section lines comprising a legal description of the property; Names and addresses of the record fee owner; Scale of plat not less than one inch to 100 feet; Date and north point; Proj ect narrative. Certificate of survey signed by a registered land surveyor and current within six months of plat application to include legal description, all public utilities including pipe size, material type, depths, location and detail of private utilities or easements, any other easements of record; Existing conditions plan; Boundary line of proposed subdivision clearly indicated and to a close degree of accuracy; Existing zoning classifications for land within and abutting the subdivision; Location right-of -way width, and names of existing or planed streets, or other public ways, parks, and other public lands, permanent buildings and structures, easements, school districts, section and corporate lines within the plan and to a distance 350 feet beyond shall also be indicated; Boundary lines of adjoining unsubdivided or subdivided land, within 350 feet, identified by name and ownership, including all contiguous land owned or controlled by subdivider; Topographic data, including contours at vertical intervals of not more than two feet and all surface features and structures. Water courses, marshes, rock outcrops, delineated wetlands, power transmission poles and lines, size, location, and elevation of all appurtenances of existing public utilities and all quasi-public utilities, including the name and operating authority of each utility, and other significant features shall be shown. U. S. G. S. data shall be used for all topographic mapping where feasible. (1929 sea level data shall be used for all topographic mapping.) The flood elevation of all lakes, river, and wetlands shall also be shown; An accurate soil survey of the subdivision prepared by a qualified person; Location and size of existing sewers, water mains, culverts, stormsewer or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants shall be shown only on request; A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing. Deciduous trees that are less than six inches in diameter at a point five feet above natural grade, or tees that are diseased or invasive as defined by the department of natural resources may be exempted from this survey; Wetland data report shall be required and must consist of a wetland delineation report which identifies all wetlands, ponds, lakes, waterways, floodplains, and shorelines, and a wetland functional assessment summary. The wetland data report must be submitted with the preliminary plat. Proposed Design Features; A proposed grading plan showing the present and existing contours at two-foot contour interval, together with off-site existing contours depicting drainage patterns entering the proposed site, within 200 feet or more of the proposed subdivision is required unless waived by the City Engineer. If determined to be necessary by the City Engineer, one-foot contours may be required for proposed grading plans in order to ensure property drainage. High and low point elevations and emergency overflow elevations and routes shall be provided. The proposed grading plan shall demonstrate a design for the subdivision that respects the natural topography, and preserves existing trees, wetlands, and other natural features; Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross-sections, and proposed names of streets. The name of any street heretofore used in the county or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. Street names conform to the master street name and numbering system as adopted; Locations and widths of proposed streets and pathways; Layout, numbers, and preliminary dimensions of lots and blocks and dimensions of street frontage; Tabulation of the acreage of the full subdivision. Tabulation statement of the approximate square footage and dimensions of the individual lots. Minimum front and side street building setback lines. When lots are located on a curve, the width of the lot is measured at the building setback line; For each lot, specify building type, finished floor elevations and lowest opening elevations. Areas, other than streets, alleys, pathways and utility easements intended to be dedicated or reserved for public use, including the size of the area or areas in acres; Proposed location and routing of proposed sewer lines and identification of gravity mains or forcemains; Proposed location and routing of proposed water mains; A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees, and other vegetation that are to be planted; A stormwater management plan and erosion and sediment control plan in accordance with the requirements of the city's Design Manual and per Zoning Ordinance Chapter 4.10. Open space and landscaping plan. Other Information; The applicant shall supply proof of title in a form approved by the City Attorney and the legal description of the property for which the subdivision is requested and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested subdivision; Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population; If any zoning changes are contemplated, the proposed zoning plan for the areas; Where the subdivider owns property adj acent to that which is being proposed for the subdivision, the Planning Commission shall require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be shown to relate well with existing or potential adjacent subdivision; Where structures are to be placed on large lots (over 30,000 square feet), the preliminary plat shall indicate placement of structures so that lots may be further subdivided; Where potential subdivision and use of excessively deep (over 300 feet) lots exist, the preliminary plat shall indicate placement of structures so that lots may be further subdivided; A copy of all proposed private restrictions and covenants; Other information as may be requested by the engineer, surveyor, or Planning Commission. § 152.041 FINAL PLAT. The owner or subdivider shall submit a final plat together with any necessary supplementary information. Contents. The final plat prepared for recording purposes shall be prepared in accordance with provisions of state statutes and county regulations, and the final plat shall contain the following information: Names of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision; Location by section, township, range, county, and state, and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must mathematically close; The location of monuments shall be shown and described on the final plat. Locations of the monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles, and distances to the reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency of street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half inch or larger in diameter extending at least two feet below the finished grade due to the difficulty faced with frozen ground in the winter. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact locations of all markers shall be shown on the final plat together with accurate interior angles, bearings, and distances. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter; Location of lots, streets, public highways, alleys, parks, and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or ares of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lotlines; Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block; The exact locations, widths, and names of all streets to be dedicated; Location and width and intended use of all easements to be dedicated; Name of fee owner and surveyor preparing the plat; Scale of plat (the scale to be shown graphically and in feet per inch), date, and north point; Statement dedicating all streets. alleys, and other public areas, utility and drainage easements not previously dedicated as follows: streets alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated; and An accompanying letter from the county surveyor's office stating that the plat or land survey has been examined and approved. Certifications required. Notarized certification by owner and by any mortgage bolder of record of the adoption of the plat and the dedication of streets and other public areas; Notarized certification by a registered land surveyor to the effect that the plat represents a survey made by him or her and that monuments and markers shown therein exist as located and that all dimensional and geodetic details are correct; Certification showing that all taxes and special assessments due on the property have been paid in full if requested by the City Council or County Commissioners; and Space for certificates of approval and review to be filled in by the signatures of the Chairperson of the City Planning Commission and the Mayor and City Clerk The form of certificate by the Planning Commission is as follows. Reviewed by the Planning Commission of the City of Monticello this day of _ 20 Signed: _ Chairperson Attest: Secretary The form of approval of the City Council is as follows: Approved by the City of Monticello, Minnesota this day of ,20 Signed: _ Mayor Attest: City Clerk Recording required. A letter from the County Recorder's office stating the final plat has been recorded as approved by the City Council shall be received by the Building Official's office before any building permits may be issued. SUBDIVISION DESIGN STANDARDS § 152.055 CONFORMITY WITH OTHER STANDARDS. A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the city, and to all other Chapters of the official Code and Zoning Ordinance of the city. All subdivisions shall be designed to the city's current Design Manual and current City Specifications. § 152.056 1NTERPRETATION OF REQUIREMENTS. The design features set forth in this section are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets, and overall design as deemed appropriate considering the property being subdivided. § 152.057 LAND REQUIREMENTS. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding topography, or adverse soil, rock formation, or wetlands. Land subj ect to hazards to life, health, or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. Proposed subdivisions shall be coordinated with surrounding jurisdictions and/or neighborhoods so that the city as a whole may develop efficiently and harmoniously. § 152.058 BLOCKS. Block length. In general, intersecting streets determining block lengths shall be provided at such intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed 1,320 feet, nor be less than 500 feet in length, except where topography or other conditions justify a departure from this standard. In blocks longer than 800 feet, pathways and/or easements through the block may be required near the center of the block. Block width. The width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. § 152.059 LOTS. Area/width. The minimum lot area and width shall not be less than that established by the City Zoning Ordinance in effect at the time of adoption of the subdivision. Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the Zoning Ordinance. Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. Building sites. Each lot shall provide an adequate building finished floor elevation at least 12 inches above the top of the adjacent curb unless approved by the City Engineer upon the basis of plans submitted showing alternative, acceptable surface drainage measures. Frontage. Every lot must have the minimum frontage on a city-approved street other than an alley, as required in the City Zoning Ordinance. Access. Each lot shall directly access a public street. Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the City Zoning Ordinance, as may be amended. Watercourses. Watercourses shall be contained within abutting lots. Watercourses shall be protected by easement to the anticipated high water level (as determined by the city). Lots with easements protecting watercourses shall have sufficient dimensions and area above the normal water Drainage. Lots shall be graded so as to provide drainage away from building locations, subj ect to the approval of the City Engineer. A grading plan shall be submitted showing all lot grading and drainage provisions. Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots, or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots or outlot, rather than be allowed to remain as unusable parcels. Political boundaries. No subdivision shall extend over a political boundary or school district line without document notification to affected units of government. Frontage on two streets. Double frontage, or lots with frontage on two parallel streets, shall not be permitted except where lots back on major collector streets or county or state highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen plantings and/or buffering along the back lot line. As part of the subdivision review process, the submission of a buffering and screening plan may be required. Access to major collector streets. In the case where a proposed subdivision is adjacent to a major collector street, said streets to be defined by the city's Comprehensive Plan, there shall be no direct vehicular access from individual lots to such streets and roads. In the subdividing of small tracts of land fronting on limited access highways or major collector streets where there is no other alternative, a temporary access may be granted, subject to terms and conditions defined by the City Council and applicable county or state agencies. As neighboring land becomes subdivided and more preferable access arrangements become possible, temporary access permits shall become void. In cases where direct lot access to collector or arterial streets is allowed, special traffic safety measures including, but not limited to, provisions for on-site vehicle turnaround shall be required. In cases where a proposed subdivision is adjacent to a county or state highway, the subdivision shall be subjectto county and/or state approval. Outlots. Lot remnants and future subdivision development phases shall be platted as outlots. Typically stormwater ponds shall be contained within outlots. In cases where outlots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Outlots are also prohibited from qualifying for building permits. § § 152.060 STREETS AND ALLEYS. All streets shall be dedicated for public use except by approval through Planned Unit Development. Contiguous streets. Except for cul-de-sacs, streets shall connect with streets already dedicated in adj oining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of arterials and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served and in compliance with the Comprehensive Plan. Local streets and dead-end streets. Local streets should be so planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall not be longer than 600 feet, including a terminal turnaround which shall be provided at the closed end, with a right-of-way radius of not less than 60 feet. A 45-foot street surface radius will be required on all cul-de-sacs. Street plans for future subdivisions. Where the subdivision to be submitted includes only part of the tract owned or intended for development by the applicant, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the applicant. When determined necessary by the city, the plan shall extend streets and utilities to the property line of the adj acent tract and/or tracts. Temporary cul-de-sacs. In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements. Subdivisions abutting major rights-of-way. Wherever the proposed subdivision contains or is adj acent to the right-of-way of a U. S. or state highway or county thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of the right-of-way; provided, that due consideration is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between the street and right-of-way. The distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. Pathways. Pathways shall be established in accordance with the city's Comprehensive Plan for Parks, Pathways & Open Space, the city's Proposed Pathway Connections Guide, and in other areas where trails will serve an important transportation or recreational purpose as recommended and approved by the City Council. Trail corridors shall meet the following minimum requirements unless otherwise permitted by the City Council: Dedicated to the city as an easement for public trail purposes; Minimum 30-foot wide corridor; Minimum ten-foot wide surface; Compliant with the Americans with Disabilities Act (ADA); No above-ground utilities (i.e. lift stations, utility boxes) may be within the trail corridor; A landscape plan, including shrubs and trees, shall be required on trail corridors located in the side yard of residential lots. These landscape plantings shall be in addition to those required by other sections of this code; Due regard shall be shown for trees, wetlands and other environmental features when locating and constructing trails. Compliance with city, county and state transportation plans. Compliance with City, County and State Transportation Plans. All subdivisions adjacent to or incorporating planned streets which are identified in the city, County and State Transportation Plans, as amended, or existing streets shall comply with the minimum right-of-way, surfaced width and design standards as outlined in the plans or as recommended by the City Engineer. Infrastructure planning for safe routes to school shall be incorporated into subdivision and pathway design in accordance with the city's Comprehensive Plan for Parks, Pathways & Open Space, and the city's Proposed Pathway Connections Guide. Street design. The classification of street and determined right of way width shall be determined by the city's Comprehensive Plan. Minimum right-of-way widths, paving widths, angles of intersection, curb radii, distances along sides of sight triangles, horizontal alignments, vertical alignments, as well as maximum grades shall be in accordance with the following table: Street Design Design Minor Major Minor Local Cul- Private Element Arterial Collector Collector Streets de- Pathway Common Sacs Access** Right-of- g0 - 100 way 150 ft. 130 ft. ft 60 ft. 60 ft. 30 ft. 30 ft. width* Paving 32 width** 52 ft. 52 ft. 44 ft. 32 ft. ft./45 10 ft. 20 ft. ft. R Maxlmum 7.5% 7.5% 7.5% 8% 8% 8% 8% rade Minimum 0.50% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% rade Cross 2- < ...................2-3%Crown.....................> 2%max o rade 3 /oCrown Design 10 ton 9 ton 9 ton 9 ton 9 ton N/A 9 ton section Minimum angle 90 90 80 70 70 N/A 70 intersection Minimum 65 ft. 50 ft. 35 ft. 20 ft. 15 ft. — 20 ft. curb radius Grades for 25 feet 2 00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% before intersection Site Triangles (distance 690/30 490/30 250/30 250/30 along sides ft 490/30 ft ft. ft. ft. N/A 250/30 ft. of) through street/stop street Horizontal align (min. �00 ft. 500 ft. 300 ft. 200 ft. 75 ft. N/A 100 ft. radius of center line Vertical curves 650 ft. 475 ft. 325 ft. 250 ft. 100 ft. N/A 300 ft. (min. sight distance NOTE: Alternate right-of-way requirements may be required for specific thoroughfares based on anticipated traffic volume, planned function of street, jurisdiction of street, and character of abutting land use. Increased width will be set by the City Council upon recommendation of the Planning Commission and City Engineer. Based on future roadway functional classification **As measured from face of curb to face of curb. ***The City Council may choose to approve private common access for P.U.D., townhouse development, and the like, where appropriate. Standards for said access, however, shall comply with minimums as outlined for minor streets (except ROW) and all other provisions as required by the City Council. Streets in fZood hazard area. No street shall be approved if its final surface is at a lower elevation than two feet below the regulatory flood protection elevation. The City Council may require profiles and elevations of finished streets for areas subject to flooding. Fill may be used for streets, provided such fill does not unduly increase flood heights and provided any such fill would not result in a stage increase violating the requirements of M.S. Chapters 104 and 105, as such chapters may be amended, supplemented, or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency pursuant to its rules and regulations. Drainage openings shall not restrict the flow of water so as to unduly increase flood heights, and provided any such drainage opening would not violate the requirements of M. S. Chapters 104 and 105, as such chapters may be amended, supplemented, or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency pursuant to its rules and regulations. Reverse curves. Minimum design standards for minor arterial and maj or collector streets shall comply with Minnesota Department of Transportation State Aid Standards. Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the City Council. Private streets. Private streets and reserve strips, except in the case of planned unit developments, shall be prohibited and no public improvements shall be approved for any private street. If any person applies to subdivide or replat any land or parcels adjoining an existing private street, they shall be required to dedicate the private street for public use and schedule for improvement to public street standards at the time of final plat. Street intersections. Intersections having more than four corners shall be prohibited. Adequate land for future intersections and interchange construction needs shall be dedicated. Angles formed by the intersection of two streets shall comply with the provisions of division (I) above. Street intersection offsets. Street jogs in local streets shall have a centerline offset of not less than 150 feet. Street jogs in arterial and collector streets shall have a centerline offset of not less than 300 feet. Center line curvature. The minimum horizontal curvature of streets shall be in accordance with the 1VINDOT Highway Design Manual for the type of street and design speed. Half streets. Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable length of time elapsing before dedication of the remainder shall be considered in this decision. No permanent street improvement shall be permitted within a half street right-of-way. All lots having frontage or access solely from a half street are prohibited from being eligible for building permits. Dedication. All proposed streets shown on the subdivision shall be in conformity to city, county, and state plans and standards and be offered for dedication as public streets unless otherwise determined by the City Council. Curbs and gutters. Concrete curbs and gutters shall be required on all streets, unless otherwise directed by the City Council at the time the subdivision is approved. Pavement. Pavement shall be installed in accordance with the City Design Manual.Council. Sidewalk Sidewalks shall be provided on one side of all roadways and shall be installed in accordance with standards and specifications approved by the City Council. Private utilities In all subdivisions, all telephone, electric, and gas lines shall be placed underground within dedicated public ways or recorded easements in such a manner as to not conflict with other underground services. All underground installation of service lines within street rights-of-way shall be completed in a manner that will not disturb street surfacing. § 154.061 EASEMENTS. Municipal utility improvements lying within public easements shall become City property without further notice or action, with exception of approved private streets and private stormsewer systems. If the surface of the easement area of any portion thereof shall be disturbed by the operation, maintenance, replacement or removal activities in connection with the use of the easement, said surface and improvements shall be promptly restored by the fee owner of the easement area to their condition prior to the disturbance. Width and location. An easement for drainage and utilities at least six feet wide shall be provided along each side line of each lot and an easement of 12 feet wide shall be provided along the front and rear line of each lot. Continuous utility easement locations. Drainage and utility easements shall connect with easements established in adj oining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing. Guy wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys fall alongside lot lines. Storm water management ponds. New storm water management ponds that are constructed as part of subdivisions shall be covered by drainage and utility easements or outlots that are dedicated to the city. At least one side of a pond should be located adjacent to public right-of-way or an approved maintenance access route and adequate easement dedicated to provide access for future maintenance. § 152.062 EROSION AND SEDIMENT CONTROL. Erosion and sediment control standards shall comply with the city's engineering design guidelines ("design manual") as well as Chapter 4 of the city's zoning ordinance. The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. When soil is exposed, the exposure shall be for the shortest feasible period of time. In the event that permanent stabilization cannot be feasibly obtained within 14 days after construction activity in that portion of the site has temporarily or permanently ceased, and seven days if discharge points are located within one mile of an impaired or special water body, temporary soil stabilization BMPs must be implemented within the time frame. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development. § 152.063 DRAINAGE. Drainage facilities shall be in accordance with the City Design Manual and approved by the City Engineer. § 152.064 STEEP SLOPES. Subdivision design shall be consistent with limitations presented by steep slopes. Subdivisions shall be designed so that no construction or grading will be conducted on slopes steeper than 3:1 in grade. § 152.065 WETLAND SYSTEMS. Where the subdivision of a lot or tract of land contains drainageways, watercourses floodable areas, or wetlands, and thus may be unsuitable for development the areas shall be handled as follows. If the land is designated in whole or in part for public use on an adopted plan of the city, the developer shall dedicate the land to the city in accordance with § 152.075 through 152.079. If the land is not designated for public use on an official plan, then the developer shall cause the land to be carried in a private easement in the individual deeds affected thereby, and no permit shall be issued for a building permit. The developer may submit a proposal for development indicating how, through site and engineering design, the intent of this chapter will not be violated if approved. In addition, the developer shall provide a surety bond to the approving city to ensure that such will be done at a specific time if approved. Any development or platting shall comply with the city's zoning ordinance and/or county shoreland regulations. § 152.066 OPEN SPACE AND LANDSCAPING. Every subdivision shall include a landscape plan that identifies areas of public value, including significant views, natural vegetation, or watercourses, even where the features may be located upon private lots. The landscape plan shall provide for the addition of trees, shrubs, and ground covers or grasses that achieve the following objectives: Establish naturalized woodland areas in large spaces; Establish naturalized areas around storm water ponds; and/or Establish naturalized woodland areas at the edges of subdivisions, particularly in areas of land use changes or where the subdivision abuts a major roadway, utility line, or railroad. The landscaping plan shall be accompanied by a reliable estimate of installation costs. The subdivider shall provide a financial security that guarantees live growth of the plant materials for one complete year or two growing seasons from the date of installation. In the event the plant materials under this plan must be replaced due to death, disease, or other reason, the financial security shall be extended to cover an additional two years from the date of replacement. 152.067 PROTECTED AREAS. Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of wetlands, drainageways, watercourses, floodable areas, or steep slopes, the design of the subdivision shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of easements or outlots. In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the applicant shall be required to demonstrate that the proposed design will not require construction on slopes over 18%, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary. § 152.068 MAIL AND PAPER BOX LOCATIONS. Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. BOXES. All mail boxes, paper boxes and advertising boxes, wherein either mail is distributed, newspapers and magazines are distributed or advertising placed for the use of residents of the city. Requirements. The placement of all boxes shall comply with the following with the Cities Specifications Location of boxes on city streets. No boxes shall be placed within ten feet of any stone sewer inlet or any fire hydrant. Where there is more than one house on a city block, boxes shall be located in a cluster. Paper boxes and advertising boxes must be located in the same cluster as the mail boxes. The clusters shall be centrally located in the middle of the homes to be served. For cul-de-sacs the cluster shall be placed a minimum of ten feet from the beginning of the radius of the cul-de-sac. PARKS, OPEN SPACE, AND PUBLIC USE § 152.075 DEDICATION REQUIREMENT. The City Council recognizes that the preservation of land for park, open space and public use is essential to the health, safety and welfare of residents of the city. Therefore, pursuant to M. S. § 462.358, subd. 2b, as it may be amended from time to time, the City Council shall require all developers requesting platting or replatting of land to be used for residential purposes in the city to contribute an amount of land for public park and pathway purposes. The location of the land shall be at the discretion of the City Council. The amount of the land shall be reasonably commensurate with demand that the platting or replatting places on the city park system, as described in the comprehensive plan. For purposes of this section, an amount of land equal to 11 % of the total gross land area of the plat shall be presumptively defined as "reasonably commensurate". In the event that the subdivider objects to the 11% standard, the city shall, at the developer's request and expense, conduct a specific dedication study of the park system and the demand placed on the system by the proposed plat. Prior to conducting the study, the city shall obtain a waiver of statutory time lines for plat approval during the conduct of the study. No approval of final plats, nor construction of any improvements, shall occur until the park dedication study is completed, in lieu of land dedication, the City Council may require a cash contribution in accordance with state statutes or a combination of both. The City Council's decision on land and/or cash shall be made following recommendations from the city's Park & Recreation Commission and staff, in accordance with the comprehensive plan. In accordance with state statutes, where the City Council determines that the park dedication requirements shall be paid in a cash contribution, the amount of the contribution shall be based on the market value of the raw land not later than at the time of final plat. The city may require that the subdivider provide an appraisal or other comparable documentation to determine the market value. In the alternative the city may, by ordinance, establish a fee per residential unit that will meet the cash dedication requirement. The determination of the appropriate fee calculation shall be made by the City Council. To be eligible for park dedication credit, the land to be dedicated as a requirement of this section shall be useable, developable land. The City Council shall not accept for credit against a subdivider's park dedication requirement any of the following: Delineated wetlands; Land within a designated floodplain; Land encumbered by a utility easement such as a petroleum or electric power transmission line (except where such easement is a standard platting requirement of the city pursuant to 152.058, and where the city determines that the land within the easement will be usable for park, trail, or open space purposes); or Land within a drainage easement or other land required for stormwater treatment. The city may, at its discretion, accept lands in the above categories for park dedication purposes if it deems the dedication to be of public benefit. No credit shall be given against the subdivider's park dedication requirement, however, unless the city determines that the land will be used for a specific public park, pathway, or open space purpose. Land dedicated for park purposes shall be transferred to the city by warranty deed. The transfer of the land shall occur at the time of recording of the final plat. For multiple-phased developments, all of the park dedication land shown on the approved preliminary plat shall be transferred to the city upon recording of the first final plat, in the form of outlot(s) at the discretion of the City, and shall not be shown as "park" on the plat. The development agreement may permit the phasing of the land transfer. In addition, the development agreement shall grant the subdivider a license to enter the park dedication land for the purposes of required grading seeding or other work approved by the City Council. Parkland dedication requirements for Planned Unit Developments (PUDs) shall provide the minimum of 11% for park, open space or public use or cash in lieu of land per this ordinance. The removal of trees, topsoil, storage of construction equipment, burying of debris or stockpiling of surplus soils is strictly prohibited on land to be dedicated per this section. The subdivider shall provide the City with a certificate of survey that shows all features of the land to be dedicated. Agreements in this section shall be made as part of the development agreement presented for approval with the final plat. Failure of the Council and subdivider to reach agreement regarding he matters in this section shall constitute the basis for consideration to deny the plat. § 152.076 CASH CONTRIBUTION. All moneys collected from cash contributions shall be placed in a special fund from which only those public uses as listed in above may be constructed or improved or land for those same uses may be acquired. § 152.077 COMBINATION OF LAND DEDICATION AND CASH CONTRIBUTION A combination of land and cash may be required and approved by the City Council in satisfaction of the requirements of this chapter. In the event a combination of land and cash is required, the amount of land to be dedicated shall be credited against the total park dedication requirements and the remaining cash contribution shall be based on the percent of the remaining unfulfilled park dedication obligation. § 152.078 DELAYED DEDICATION PAYMENT. Upon petition by the developer, the Council may approve a delay in the actual dedication of the cash required in lieu of land until such time as development occurs on the property being platted, provided that a proper legal agreement is executed guaranteeing such dedication. Delayed dedication payment may be subj ect to interest payment per year as set by the City Council. § 152.079 PURCHASE OR CONDEMNATION OF LANDS. Where a proposed park, playground, or other recreational area, proposed school site, or other public ground that has been indicated in the official map and/or master plan is located in whole or in part within a proposed subdivision, the proposed public site shall be designated as such and should be dedicated to the city, school district, or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required under this section hereof for the proposed public site, the Council shall be required to act to approve or disapprove the plat of the subdivision for a period of 90 days after the subdivider meets all the provisions of the subdivision title in order to permit the Council, School Board, or other appropriate governmental unit to consider the proposed plat and to take the necessary steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official map or master plan. § 152.080 LOCATION AND CONFIGURATION OF DEDICATION. In such cases where the developer is required to dedicate land area, the City Council shall have the right to determine the geographic location and configuration of the dedication. BASIC REQUIRED IMPROVEMENTS § 152.090 GENERAL. Development Agr�eement Before a final plat is approved by the City Council and prior to recording or registering a final plat, the owner or subdivider of the land covered by the plat shall execute and submit to the Council an agreement, which shall be binding on his, her. or their heirs, personal representatives, and assigns, which embodies the terms and conditions of the approval given by the City Council, including but not limited to, requirements set forth in this chapter and which controls the installation of all required improvements. The agreement will require all improvements in compliance with approved engineering standards and applicable regulations. Said development agreement shall provide for the supervision and inspection of the construction by the city engineer and shall provide for the fees and securities in connection to the improvements. The owner or subdivider shall cause no private construction to be made on the plat or file or cause to be filed any application for building permits for the construction until all improvements required under this chapter have been made or arranged for in the manner following, as respects the streets to which the lots sought to be constructed have access. Trunk Utility Area Fees As a condition to subdivision plat approval, subdivider shall pay both a Trunk Storm Sewer, Trunk Sanitary Sewer Fee and a Trunk Watermain Fee to the City to fund the trunk storm sewer, trunk sanitary sewer and trunk watermain improvements required by the proposed development. The City shall establish the trunk fees by ordinance. The City shall incorporate these trunk fees into the development agreement with the subdivider, which shall be collected with any new subdivisions in accordance with the public improvement financing policy of Monticello, as may be amended. Securities In order to cover the legal, engineering and administrative costs and expenses incurred by the City in connection with the review and approval of the subdivision and the inspection of the actual installation and construction of the improvements, the owner or subdivider, shall, before recording the final plat, deposit with the city an escrow amount, which shall be based on a percentage of the engineer's estimate of the cost of the construction of the improvements. The percentages shall by set in the City of Monticello Fee Schedule. Construction Plans. Construction plans and specification for the required improvements conforming in all respects with all ordinances of the city shall be prepared at the expense of the owner or subdivider by a professional engineer registered by the state. Such plans and specifications shall be approved by the city engineer and shall become a part of the development agreements. Prints of said plans shall be filed with the city, as required by the city engineer. 152.091 CONSTRUCTION IMPROVEMENTS No final plat shall be approved by the City Council without first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein, meet the minimum requirements of all applicable ordinances. Drawings showing all improvements as built shall be filed with the City Clerk. No final plat shall be approved by the City Council on land subject to flooding or containing poor drainage facilities and on land which would make adequate drainage of the streets and lots impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for residential occupancy and provide adequate street and lot drainage and conform to applicable regulations of other agencies such as the U. S. Corps of Engineers or the Department of Natural Resources, the final plat of the subdivision may be approved. In addition, the plats may not be approved if the cost of providing municipal services to protect the floodplain area would impose an unreasonable economic burden upon the city. As a condition of final plat approval, the development agreement shall make provision in the manner hereinafter set forth for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the city, which improvements may include, but are not limited to items included in subsections XXX of this section. The installation of said improvements shall be in conformity with city approved construction plans and specifications and all applicable city standards and sections of this Code. The subdivider shall not commence with construction of improvements until financial assurances are provided as contained in the development agreement. Developer Installed Improvements. No owner or subdivider shall be permitted to start work on any improvements without providing the city a financial security, in a form acceptable to the city and consistent with city ordinance or policy as adopted by the City Council, guaranteeing the improvement will be installed in accordance with all laws, rules, regulations and policies as approved by the City. The amount of the financial security shall be 125% of the engineer's estimate of the total cost of the improvements to be installed, as verified by the City Engineer and set forth in the development agreement. In the event the required improvements are not completed within the specified timeline, all amounts held in the development agreement as security may be drawn upon by the city and applied by the city to the cost of completing the required improvements. If the available securities are not sufficient to complete the required improvements, the necessary additional cost to the city shall be assessed against the subdivision. Securities may be reduced from time to time prior to improvement acceptance upon submission of formal request by the owner or subdivider. No reduction of security shall be authorized unless the improvements associated with the reduction request have been inspected by the city and found to be in compliance with this ordinance and satisfactory evidence of contractor payment has been provided. Prior to any public improvement being accepted by the City, the owner or subdivider shall post a maintenance bond or other security in a form acceptable to the city naming the city as obligee in an amount deemed appropriate by the City Council to insure the maintenance of the improvements for a period of 24 months from the date of acceptance or approval by the city. The owner or sudivider shall continue to be responsible for defects, deficiencies and damage to improvements during development of the subdivision. No inspection approval of release or reduction of funds from the security as to any component or category shall be deemed to be city final approval of the improvements or otherwise release the owner or subdivider of its obligation relating to the completion of the improvement within the final subdivision release on all improvements and maintenance is issued by the City Council declaring that all improvements have in fact been constructed as required. The applicant shall provide to the City grading and utility as-built drawings of all improvements. The owner or subdivider engaged in the development of lands and properties may request City participation in the payment of the costs of certain improvements. City participation shall be negotiated with the subdivider and established by the City Council pursuant to entering into a development agreement. The council shall on a case-by-case basis determine infrastructure impact on areas outside the subdivision. City-required oversizing of infrastructure beyond the appropriate standard residential or commercial equivalent shall be eligible for funding by the city. Source of city funding shall not be a determinate of financial participation. Nothing in this section shall prohibit or prevent the city from establishing a fee, charge, or assessment against the subsequent subdivider/developers which benefit from the prior improvements for the purpose of maintaining or upgrading the public improvements. All of the required improvements to be installed under the provisions of this subchapter shall be inspected during the course of their construction by the City Engineer. All of the inspection costs pursuant thereto shall be paid by the owner or subdivider in the manner prescribed in division (X) above. The city shall have the right to install any or all of the required improvements as it may elect and upon such terms and conditions as it may deem appropriate under the circumstances. City Installed Improvements. Any person desiring to have improvements installed may request the City to install the improvements, if the request is accompanied by a written petition signed by 100% of the landowners pursuant to M. S. Chapter 429 and a waiver of assessment appeal. Acceptance of the request shall be discretionary on the part of the City Council, based on the benefit to the property owners, and subject to the following conditions and as authorized by State law. Prior to the making of such required improvements, the City Council shall require the owner or subdivider to pay to the city an amount equal to a minimum of 25% and up to 100% of the estimated total cost of the improvements, including not only construction but all indirect costs. The actual percentage to be determined by the city in each case based on its review of the following: The financial background of the developer; The normalcy of the unit charge for putting in the improvement; An evaluation of the cost recovery potential through the sale of the land; The likelihood of success of the development; and Developer default on any outstanding assessment payment in the past 12 months. This payment must be made to the city prior to the City Council adopting the resolution ordering the proj ect. If approved by the City Council, the city may cause the improvements to be made and special assessments for all costs of the improvements to be levied on the benefitted land, except any land which is or shall be dedicated to the public. The total project cost, less the deposit, will be assessed 100 % against the benefitted property payable in not more than ten annual installments with interest at a rate of at least 1.5 %(rounded up to the nearest 0.25%) over the rate paid on bonds issued to finance the improvements or, if financed internally, over the then equivalent rate the city determined it would have to pay on bonds issued at that time, provided, however.at the entire assessment balance outstanding against a given parcel is to be paid in full prior to the issuance of a certificate of occupancy permit for principal use of new construction on that parcel or within 180 days after a building permit for new construction is issued, whichever comes first. Water, sanitary sewer, and storm sewer lateral lines shall be assessed 100% against the benefitted property within the proposed subdivision. These assessments shall be made on a residential housing unit basis. Water, sanitary, and storm sewer trunk lines shall be assessed 100% against the benefitted property, whether or not the services are made immediately available to the property, on a net platted area basis. The assessments will be made in accordance with the City Trunk Fee Policy. The cost of constructing permanent streets, including curb and gutter, will be 100% assessed against benefitted property based on front footage. Corner lots shall be assessed for frontage only with no charge made for the long side lot footage. Costs resulting from intersections and side lot footage shall be included in the total amount to be assessed and apportioned over the net assessable footage. In the case of off-shaped lots, the footage shall be measured at the building setback line; however, in no event shall the assessable footage be less than the minimum lot width as required by the city. In the event a building permit is applied for prior to completion of installation of the improvements, the payment to the city shall be in an amount equal to 125% of the estimated total assessment. Upon completion of the proj ect and determination of the actual cost to be assessed, any overcharge will be refunded and any additional cost will be due the city within 30 days of notification of the additional cost. If, for any reason, subsequent to having made the advance payment to the city the developer should withdraw from the proj ect the city is entitled to retain an amount equal to the city's cost related to the proj ect to that time, and the balance shall be refunded to the developer. At the request of the owner or subdivider, the city may agree to spread all of the assessments against the subdivision on a per lot or residential housing unit basis rather than on the various methods set forth in divisions X, X, or X above. In all cases, the procedure for local improvements prescribed in M.S . Ch. 429, as it may be amended from time to time, shall be followed. The requirements of this subchapter are intended to be compatible with the assessment policy ordinance Section X through X. Minimum Improvements. It is hereby the policy of the city to, as soon as practicable after the approval of the proposed plat, require the installation of all of the following improvements within the subdivision. In addition to those below, additional improvements may be required by development agreement. Trunk and lateral sanitary sewer Trunk and lateral water main Storm drainage facilities Stormwater maintenance Streets Concrete curb and gutter Street traffic control devices Lot grading Trail development Sidewalk Development Electricity (within one-fourth mile) Natural gas (within one-fourth mile) Communications (within one-fourth mile) Water shut-off boxes Street striping and signing Streetlights Landscaping Monuments As-built plans Easement and deeds § 152.091 STREET IMPROVEMENTS. The full width of the right-of-way shall be graded, including the subgrade of the areas to be paved, in accordance with standards and specifications as approved by the City Engineer. All streets to be paved shall be of an overall width in accordance with the standards and specifications as approved by the City Engineer. Curb and gutter will be constructed as required by the standards and specifications as approved by the City Engineer. If deemed necessary by the city engineer and council, the owner or subdivider shall install street traffic control signals. The signalization shall be constructed in conjunction with the street unless the council grants a waiver to delay signalization. In the event such waiver is granted, the owner or subdivider shall deposit with the city a sum of money equivalent to the engineer's estimated cost of the signalization. Street trees and boulevard sodding shall be planted in conformance with the standards and specifications as approved by the City Engineer. Street signs shall be installed in conformance with the standards and specifications as approved by the City Engineer. Street lights shall be installed in conformance with the standards and specifications as approved by the City Engineer. Mailbox clusters shall in installed in conformance with the standards and specifications as approved by the City Engineer. § 152.092 SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS. Sanitary sewers shall be installed as may be required by standards and specifications approved by the City Engineer. Sanitary sewer mains and service connections stubbed in to the property line shall be installed to serve all lots in the subdivision and other such properties served by the subdivision sewer main, when the location of such plat is within an area of the city which is either being assessed for sanitary sewer service or for which such service has been authorized by the council. Water mains and service connections stubbed in to the property line shall be installed to serve all lots in the subdivision and other such properties served by the subdivision water main when the location of such plat is within an area of the city which is either being assessed for water service or for which such service has been authorized by the council. City water facilities, including pipe fittings, hydrants, and the like, shall be installed as may be required by standards and specifications approved by the City Council. Where city water facilities are not available for extension into the proposed subdivision, the City Council may by ordinance grant approval for such water facilities to serve all properties within a subdivision where a complete and adequate neighborhood water distribution system is designed in conjunction with the subdivision and complete plans for the system are submitted for approval of the City Council. Where city sewer and water facilities are not available for extension into proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with appropriate state regulations. 152.XXX GRADING, DRAINAGE AND STORMWATER MANAGEMENT Storm drainage. A system of drainage shall be provided that will conform and implement the city's comprehensive stormwater plan. Storm sewers, culverts, storm water inlets and other drainage facilities will be required where they are necessary to ensure adequate storm water drainage for the subdivision. Where required, the drainage facilities shall be constructed in accordance with the standards and specifications as adopted by the City Council. Stormwater maintenance. Upon successful establishment of permanent erosion control facilities the subdivider shall safeguard the storm sewer system from excess siltation caused by construction until full buildout within a subdivision, including the sodding the subdivider shall clean all storm sewers and shall also remove silt from all ponding areas which received runoff from the development as well as all temporary erosion control devices (i.e., silt fence). Lot gr�ading. All lots shall be graded in accordance with the final grading plan. In addition, erosion control measures shall be followed to eliminate erosion. Upon completion of the grading at least four inches of topsoil shall be applied to all exposed ground areas. And said areas shall be landscaped in accordance with the final landscape plan. § 152.093 UTILITIES. All necessary utility easements must be recorded prior to utility installation. Electricity. The subdivider shall be responsible for providing electric service to the plat. Whenever possible, a joint trench shall be utilized for small utilities (cable, fiber, gas, electric, telephone). Communications. The subdivider shall be responsible for providing phone service to the plat. Whenever possible, a joint trench shall be utilized for small utilities (cable, fiber, gas, electric, telephone). Natural gas. The subdivider shall be responsible for providing natural gas service to the plat. Whenever possible, a joint trench shall be utilized for small utilities (cable, fiber, gas, electric, telephone). 152.94 MONUMENT AND SURVEY REQUIREMENTS Official monuments, as designated and adopted by the County Surveyor's Office and approved by the County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor's irons to be indicated, each angle of the point of the boundary perimeter to be so monumented. Proper survey monumentation shall be placed at each lot corner and points of curvature and tangency along street rights-of-way. All Unites States, state, county, or other official bench marks, monuments, or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and block, as an aid to future surveys, shall be shown on the plat. To ensure that all irons and monuments are correctly in place following the final grading of a plat, a security shall be required until a certificate from the surveyor has been provided to the city verifying the placement of all monuments in accordance with this section. 152.95 PATHWAYS Trail development. Trail improvements shall be installed as shown on the final plat and/or master trail plan. All accessible bikeway/walkway trailways shall be constructed per the standard detail plats approved by the City Engineer. Grades and specifications shall be as approved by the City Engineer and shall meet all city, state and federal requirements. Sidewalks. All single-family subdivisions shall have not less than a six-foot-wide concrete sidewalk on at least one side of each through street or anticipated through street to provide for safe pedestrian traffic. All multifamily subdivisions shall have concrete sidewalks not less than six feet wide on both sides of the main public street spine, unless otherwise approved by city council. Sidewalks may be required on culs-de-sac. All sidewalks shall be located within the road right-of-way. Wherever possible, placement of the sidewalk within the right-of-way should allow for a minimum of a one-foot separation between the edge of the sidewalk and the residential property line. Cost of sidewalk construction within the subdivision shall be borne by the subdivider and not eligible for credit against park and trail dedication fees. The design must meet current standards of the city, comply with the Americans for Disabilities ACT (ADA), and be shown on the preliminary plat for approval. All sidewalks required by the city shall be constructed as shown on the Cities Standard Detail Plates. OTHER IMPROVEMENTS Water shutoff boxes. The water shut-off boxes shall be adjusted at the time the final boulevard grade is established. Water shut-off boxes shall remain visible after the boulevard sod is installed. Easement acquisition and deed. Prior to the time of construction, the owner or subdivider shall obtain and supply all easements and deeds required for the proj ect. At the time the proj ect is complete and turned over to the city, all easements not dedicated on the final plat shall be deeded to the city in a separate recordable document. As-built plans. Upon completion of installation of all required improvements, the subdivider shall file with the city copies of plans and specifications showing all improvements as finally constructed and installed in both digital and paper form as required by the city engineer. Such as-built drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS § 152.105 REGISTERED LAND SURVEYS. It is the intention of this subchapter that all registered land surveys in the city should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this chapter for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationship of proposed tracts in such registered land surveys and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively in accordance with the standards set forth in this chapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts unless so approved. § 152.106 CONVEYANCE BY METES AND BOUNDS. No conveyance in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five acres or less in area and 300 feet in width unless the parcel was a separate parcel of record at the effective date of this chapter. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method, and the city may refuse to take over tracts as streets or roads or to improve repair, or maintain any such tracts. FEES § 152.120 BASE FEE PER APPLICATION. To defray administrative costs for processing of subdivision applications, variances, or appeals, a base fee as adopted by resolution shall be paid by all applicants. § 152.121 STAFF AND/OR CONSULTANT FEE. In order to defray the additional cost of processing the applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant's request plus all material cost for the request. MATERIALS shall include, but not be limited to, maps, graphs, charts, drawings, and the like, and all printing or reproduction of same. STAFF AND/OR CONSLTLTING TIME shall include any time spent in either researching for or actual production of materials. The hourly rate for STAFF AND/OR CONSULTING TIME shall be established and made available to the applicant by the City Clerk prior to production of any materials, and the applicant shall be given a reasonable estimate of projected time and/or material costs. § 152.122 PAYMENT. Fees for application shall be payable at the time applications are filed with the City Clerk and are not refundable unless application is withdrawn prior to start of review for referral to the Planning Commission. A deposit to cover staff or consulting time and materials will be established as adopted by resolution and required by the City Clerk at the time the base fee is paid. Any portion of the deposit not spent to defray the above-mentioned costs will be refunded to the applicant within 90 days after the application process is completed. Fees as established by the development agreement are payable per the terms and conditions as assigned by the development agreement. VIOLATIONS § 152.135 SALE OF LOTS FROM UNRECORDED PLATS. It shall be unlawful to sell, trade, or otherwise convey or offer to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless the plan, plat , or replat shall have first been recorded in the office of the County Register of Deeds. § 152.136 RECEIVING OR RECORDING UNAPPROVED PLATS. It shall be unlawful to receive or record in any public office any plans, plats, or replats of land laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public or private use or for the use of purchasers or owners of lots fronting on or adjacent thereto and located within the jurisdiction of this chapter unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. § 152.137 MISREPRESENTATION AS TO CONSTRUCTION SUPERVISION, OR 1NSPECTION OF IMPROVEMENTS. It shall be unlawful for any person, firm, or corporation owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys, or avenues of the addition or subdivision or any sewer in the addition or subdivision has been constructed according to the plans and specifications approved by the City Council or has been supervised or inspected by the city when the improvements have not been so constructed, supervised , or inspected. § 152.999 PENALTY. Anyone violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. Each month during which compliance is delayed shall constitute a separate offense. MINNESOTA STATUTES 2018 462358 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. Subdivision L[Repealed, 1980 c 566 s 35] Subd. la. Authority. To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within this area. Subd. 2. [Repealed, 1980 c 566 s 35] Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of floodplains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations may prohibit, restrict or control development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained. The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, bond, or other financial security in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. A municipality may require that an applicant establish an escrow account or other financial security for the purpose of reimbursing the municipality for direct costs relating to professional services provided during the review, approval and inspection of the proj ect. A municipality may only charge the applicant a rate equal to the value of the service to the municipality. Services provided by municipal staff or contract professionals must be billed at an established rate. When the applicant vouches, by certified letter to the municipality, that the conditions required by the municipality for approval under this subdivision have been satisfied, the municipality has 30 days to release Copyright U 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462358 MINNESOTA STATUTES 2018 and return to the applicant any and all financial securities tied to the requirements. If the municipality fails to release and return the letters of credit within the 30-day period, any interest accrued will be paid to the applicant. If the municipality determines that the conditions required for approval under this subdivision have not been satisfied, the municipality must send written notice within seven business days upon receipt of the certified letter indicating to the applicant which specific conditions have not been met. The municipality shall require a maintenance or performance bond from any subcontractor that has not yet completed all remaining requirements of the municipality. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462353, subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid that is, no later than at the time of final approval or under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. "Fair market value" means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the municipality's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the municipality and the applicant, or based on the market value as determined by the municipality based on an independent appraisal of land in a same or similar land use category. (d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. ( fl Cash payments received must be placed by the municipality in a special fund to be used only for the purposes for which the money was obtained. (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Copyright U 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2018 462358 (h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. Subd. 2c. Nexus. (a) There must be an essential nexus between the fees or dedication imposed under subdivision 2b and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. (b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. (c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the municipality. Subd. 3. [Repealed, 1980 c 566 s 35] Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state-aid highway shall also be subj ect to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. A municipality must approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's zoning and subdivision regulations unless the municipality adopts written findings based on a record from the public proceedings why the application shall not be approved. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been Copyright U 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462358 MINNESOTA STATUTES 2018 agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the municipality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. Subd. 3c. Effect of subdivision approval. For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. Subd. 4. [Repealed, 1982 c 415 s 3] Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted municipal subdivision regulations apply, shall attach to the instrument of conveyance either. (a) recordable certification by the clerk of the municipality that the subdivision regulations do not apply, or that the subdivision has been approved by the governing body, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality in this case because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or (b) a statement which names and identifies the location ofthe appropriate municipal offices and advises the grantee thatmunicipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonapplicability, or waiver from the municipality. In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five per centum of the purchase price of the land. Subd. 4b. Restrictions on �ling and recording conveyances. (a) In a municipality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no conveyance of land Copyright U 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2018 462358 to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after Apri121, 1961 or to an unapproved plat made after such regulations become effective. (b) The foregoing provision does not apply to a conveyance if the land described: (1) was a separate parcel of record April l, 1945 or the date of adoption of subdivision regulations under Laws 1945, chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or (2) was the subject of a written agreement to convey entered into prior to such time, or (3) was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width on January 1, 1966, or (4) was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980, or (5) is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or (6) is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. (c) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. (d) Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than $100 for each lot or parcel so conveyed. (e) A municipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. Subd. 5. Permits. Except as otherwise provided by this section all electric and gas distribution lines or piping, roadways, curbs, walks and other similar improvements shall be constructed only on a street, alley, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of the municipality, or which has otherwise been approved by the governing body. When a municipality has adopted an official map, no permit for the erection of any building shall be issued unless the building is to be located upon a parcel of land abutting on a street or highway which has been designated upon an approved plat or on the official map or which has been otherwise approved by the governing body, and unless the buildings conform to the established building line. This limitation on issuing permits shall not apply to planned developments approved by the governing body pursuant to its zoning ordinance. No permit shall be issued for the construction of a building on any lot or parcel conveyed in violation of the provisions of this section. Subd. 6. Variances. Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be Copyright U 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462358 MINNESOTA STATUTES 2018 granted only upon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Subd. 7. Vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Subd. 8. Plat approval under other laws. Nothing in this section is to be construed as a limitation on the authority of municipalities which have not adopted subdivision regulations to approve plats under any other provision of law. Subd. 9. Unplatted parcels. Subdivision regulations adopted by municipalities may apply to parcels which are taken from e�sting parcels of record by metes and bounds descriptions, and the governing body or building authority may deny the issuance of permits or approvals, building permits issued under sections 326B.101 to 326B.194, or other permits or approvals to any parcels so divided, pending compliance with subdivision regulations. Subd. 10. Limitations. Nothing in this section shall be construed to require a municipality to regulate subdivisions or to regulate all subdivisions which it is authorized to regulate by this section. Subd. 11. Affordable housing. Forthe purposes ofthis subdivision, a"development application" means subdivision, planned unit development, site plan, or other similar type action. If a municipality, in approving a development application that provides all or a portion of the units for persons and families of low and moderate income, so proposes, the applicant may request that provisions authorized by clauses (1) to (4) will apply to housing for persons of low and moderate income, subj ect to agreement between the municipality and the applicant: (1) establishing sales prices or rents for housing affordable to low- and moderate-income households; (2) establishing maximum income limits for initial and subsequent purchasers or renters of the affordable units; (3) establishing means, including, but not limited to, equity sharing, or similar activities, to maintain the long-term affordability of the affordable units; and (4) establishing a land trust agreement to maintain the long-term affordability of the affordable units. Clauses (1) to (3) shall not apply for more than 20 years from the date of initial occupancy except where public financing or subsidy requires longer terms. History: 1965 c 670 s 8; 1971 c 842 s 1; 1973 c 67 s 1; 1973 c 176 s 1; 1975 c 98 s 1; 1976 c 181 s 2; 1978 c 786 s 16,17; 1980 c 560 s 6; 1980 c 566 s 25-33; 1981 c 85 s 7; 1982 c 41 S s 2; 1982 c 507 s 23; 1985 c 194 s 24; 1986 c 444; 1989 c 196 s 1; 1989 c 200 s 1; 1989 c 209 art 2 s 1; 1995 c 254 art 1 s 90; art 3 s 6, 7; 2000 c 497 s 1; 2001 c 7 s 74; 2002 c 31 S s 1; 2004 c 178 s 2, 3; 2006 c 209 s 1; 2006 c 269 s 1; 2006 c 270 art 1 s 6; 2007 c 116 s 1; 2007 c 140 art 4 s 61; art 13 s 4; 2013 c 85 art S s 41 Copyright U 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Planning Commission Agenda - 04/02/19 3A. Communitv Development Director's Report Council Action on Commission Recommendations • Consideration to approve a Development Sta�e Planned Unit Development for Vehicle Sales & Rental for a Recreational Vehicle Dealership, and Preliminarv Plat for Groveland Fifth Addition (Revised Application) Applicant: Monticello RV — Scott Kunz City Council approved the requests onMarch llth, 2019. • Final Sta�e Planned Unit Development (PUD) and Rezonin� to PUD for Lot 1, Block 1, Groveland 5th Addition and Final Plat and Development A�reement for Groveland 5th Addition City Council approved the requests on March 25th, 2019. Monticello 2040 Community Vision & Comprehensive Plan Update Proposals for the Monticello 2040 Community Vision & Comprehensive Plan are due on April lst, 2019. An update on the number of proposals and tentative date for the first Proposal Review Subcommittee meeting will be provided at the Commission meeting. The current make-up of the subcommittee is as follows: • City Council: Lloyd Hilgart, Charlotte Gabler as liaison • Planning Commission: John Alstad • Economic Development Authority: Tracy Hinz • Parks & Recreation Commission: Karen Vetsch • Industrial & Economic Development Committee: To be appointed on 4/2/19 • Staff Liaisons: Community Development, Engineering, Economic Development, Administration Initiative Foundation Grant Award The City of Monticello received a$10,000 Grant from the Initiative Foundation to supplement a Coalition of Utility Cities study on community impact of the Monticello Nuclear Generation Plant and future transition. A high-level review of potential impacts will be completed by the Minnesota Center for Energy and the Environment. The study will look at tax base consequences, jobs and income shifts, land-use adjustments and potential residual environmental issues and infrastructure needs-adjustments. The report will be shred with the Planning Commission when available. Highway 25 Coalition The City Council adopted a resolution encouraging the Highway 25 Coalition to consider a broad economic development analysis of the five proposed river crossing options resulting from the initial Highway 25 Coalition Transportation Study. More information on the Coalition and its work can be found here. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2019-18 A RESOLUTION IN SUPPORT OF ECONOMIC DEVELOPMENT ANALYSIS OF TH 25 TRANSPORTATION IMPROVEMENTS CONNECTING I-94 TO US 10 WHEREAS, the City of Monticello is a founding partner in the Highway 25 Coalition, whose mission is to develop a unified effort among local and state interests for the purposes of joint planning and funding for necessary regional transportation improvements to improve the functionality, capacity and safety of TH 25 between I-94 and US 10; and WHEREAS, the Highway 25 Coalition has embarked upon a transportation study to examine the impacts of continued growth in the region and its impacts on the corridor, which has resulted in the identification of a river crossing as a priority improvement; and WHEREAS, a second river crossing connecting Wright and Sherburne Counties has the potential to create incredible, dynamic, and long-lasting economic benefit for the affected communities, as well as long-term impacts on land use, transportation and economic development for the entire region; and WHEREAS, a river crossing is a major generational infrastructure improvement which requires the cooperation and commitment of multiple jurisdictions, extensive environmental review, significant funding resources, and the modification or expansion of transportation patterns and corridors; and WHEREAS, Sherburne County has recognized a second river crossing's economic development potential for 3600 acres of developable area, including proposed rail park facilities; which at full development may result in an estimated 1000+ freight vehicles passing through Monticello to I- 94 daily; and WHEREAS, the eventual decommissioning of electric generating facilities in the region requires a planning collaboration for the betterment of land use and economic opportunity in Wright and Sherburne Counties; and WHEREAS, grants are available for assisting with funding of studies and economic development initiatives intended to assist communities in transition due to transformation of the energy economy; and WHEREAS, the transportation study undertaken by the Coalition has yielded a river bridge crossing alternative located beyond the jurisdictional boundaries represented in the current Joint Powers Agreement, but within the boundaries of the Monticello Orderly Annexation Area, WHEREAS, the City of Monticello seeks to understand how a second river crossing will affect existing public and private investment, preserve and enhance current economic vitality, influence quality of life, neighborhood livability, and create new economic opportunity for the region; and WHEREAS, the City of Monticello desires additional information on a second river crossing's potential impact to the supporting transportation networks, and the opportunity the TH 25 corridor represents in relationship to regional economic development goals; and WHEREAS, as development pressure in undeveloped areas along the river increases, it is in the best interest of the Coalition to provide for more complete long-term planning to enable more effective decision-making in river crossing alignment areas; and WHEREAS, the City of Monticello believes the transportation study undertaken by the Highway 25 Coalition has been valuable in revealing that broader analysis of the TH 25 corridor and suggested river crossing alternatives is warranted to fully explore the ability to harness the development and economic potential and manage and mitigate the impacts of a second river crossing, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the City of Monticello hereby recommends a collaborative effort by the Highway 25 Coalition to complete a regional economic development analysis of the identified transportation alternatives to enhance the transportation study in progress, improve available information for infrastructure grant applications, and to support future decision-making by the Coalition. This recommendation is further supported by a financial commitment by the City of Monticello for the proposed economic development analysis. BE IT FURTHER RESOLVED, BY THE CITY CDUNCIL OF THE CITY OF MONTICELLO, that the City of Monticello hereby proposes that such study evaluate: ■ The economic impact for each entity as a result of each alternative; ■ Land uses most likely to develop in support of the alternatives, including intensity and extent; The transportation systems and networks necessary to support the alternative river crossing locations and rail park, with the goal of reinforcing and supporting the connectivity between TH 25, I-94 and US 10, including: • Grade-separated rail crossings • Collector road systems throughout the impacted region, including collector connections back to TH 25 • Other system improvements ■ An understanding of the volume and disbursement of varying traffic types resulting from each alternative, including freight, regional, commuter and local traffic. ■ An understanding of the modifications and costs thereof to achieve the change ■ The framework for providing utilities and other public service systems in support of each improvement and its development area; ■ Other impacts as determined by the partners of the Coalition. ■ Priorities and recommendations resulting from the data collection and analysis. BE IT FURTHER RESOL VED, BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, that the City of Monticello hereby proposes that continued discussion of transportation and economic development analyses include representatives of the stakeholders within the broader geographic region encompassing the proposed river crossing alternatives. ADOPTED BY the Monticello City Council this 25th day of February, 2019. CITY OF MO TICELLO B'rian Stumpf, May r ATTEST: .�� Jeff�, ' City Administrator