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Planning Commission Agenda 07-06-2021 AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday,July 6, 2021 -6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Paul Konsor, Andrew Tapper, Alison Zimpfer, and Eric Hagen Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC), and Ron Hackenmueller 1. General Business A. Call to Order B. Consideration of approving minutes a. Regular Meeting Minutes —June 1, 2021 C. Citizen Comments D. Consideration of adding items to the agenda E. Consideration to approve agenda 2. Public Hearing A. Public Hearing—Consideration of a Request for Conditional Use Permit for a Group Residential Facility, Multi-Family in an R-3 District Applicant: Dawn Rogosheske B. Public Hearing—Consideration of a Request for Variance to Cul-de-Sac Length, Rezoning to Planned Unit Development, Development Stage Planned Unit Development and Preliminary Plat for 28 Twin Home Units in the R-2 (Single Family and 2 Family Residential) District Applicant: Mark Elliot Homes C. Public Hearing—Consideration of a Request for Rezoning to Planned Unit Development, Development Stage Planned Unit Development and Preliminary Plat for 94 Townhome Units in the B-4 (Regional Business) District Applicant: Monticello Meadow Townhomes, LLC (Peter Stalland) 3. Regular Agenda A. Consideration of a request for a one-year extension of a Variance to the required 10' side yard setback in the Mississippi Wild Scenic Recreational River District in the R-1 (Single-Family Residence) District Applicant: Chris Holtz B. Consideration of the Community Development Director's Report 4. Added Items 5. Adjournment MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday,June 1, 2021 -6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Paul Konsor, John Alstad, and Alison Zimpfer Commissions Absent: Andrew Tapper and Eric Hagen Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), and Ron Hackenmueller 1. General Business A. Call to Order Paul Konsor called the Regular Meeting of the Planning Commission to order at 6:00 p.m. B. Consideration of approving minutes a. Regular Meeting Minutes— May 4, 2021 JOHN ALSTAD MOVED TO APPROVE THE REGULAR MEETING MINUTES — MAY 4, 2021. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED, 3-0. C. Citizen Comments None. D. Consideration of adding items to the agenda None. E. Consideration to approve agenda PAUL KONSOR MOVED TO APPROVE THE AGENDA. ALISON ZIMPFER SECONDED THE MOTION. MOTION CARRIED, 3-0. 2. Public Hearing A. Public Hearing—Consideration of a Request for Preliminary and Final Plat for Deephaven 2 and Conditional Use Permit for Cross and Joint Access and Parking Applicant: Mark Buchholz Steve Grittman provided an overview of the application. Grittman explained the proposed plat for a single parcel (just less than one acre in size) in the Deephaven development area. He noted that the location is in the southwest corner of the parcel with access from Cedar Street. The remainder of the proposed Deephaven 2nd Addition was proposed to placed in a new outlot. Grittman explained that the zoning is B-4 (Regional Business) and will accommodate the development of what is proposed to be a counseling clinic, which is a permitted use in the district. Grittman explained that the lot is easily compliant with the B-4 Zoning District regulations. Planning Commission Minutes—June 1st, 2021 Page 11 5 The applicants do not intend to utilize the Conditional Use Permit at this time; however, staff recommend approving such application to accommodate the extension of their parking lot to the north or south when needed. Staff recommended approval of the application with conditions as noted in Exhibit Z. John Alstad asked for clarification on the purpose of cross and joint access parking. Grittman noted that the ordinance requires a setback for parking and circulation areas from any property line of at least six feet. By conditional use permit, an applicant can eliminate that setback if they are going to accommodate cross access between their parking lot and neighboring development. Paul Konsor noted that the design that was submitted by the applicant was different than that showed in the preliminary Chelsea Commons plan. Konsor clarified that the application was for plat approval and asked about design approval. Grittman confirmed and explained that design approval would be in accordance with the zoning ordinance requirements. Grittman noted that office buildings are permitted in the B-4 District and the City does not have a lot of design authority for this specific development. The applicants had a conversation with the City and they are interested in retaining their design rather than the Chelsea Commons concept. The City can still accomplish the goals of the Chelsea Commons project with the application as presented. The plan also still accommodates a public plaza gateway pathway. Paul Konsor opened the public hearing. Hearing no comments, the public hearing was closed. Decision 1: Consideration of a Preliminary Plat for Deephaven 2 (Second Addition) creating one buildable parcel and an Outlot for future development. PAUL KONSOR MOVED TO ADOPT RESOLUTION NO. PC-2021-017, RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT, SUBJECT TO THE CONDITIONS IN THE EXHIBIT Z WITH THE REMOVAL OF ITEM 7 OF THIS REPORT, AND BASED ON THE FINDINGS THEREIN. ALISON ZIMPFER SECONDED THE MOTION. MOTION CARRIED, 3-0. Decision 2: Consideration of a Conditional Use Permit for cross access with future commercial development to the north. ALISON ZIMPFER TO ADOPT RESOLUTION NO. PC-2021-018, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR CROSS ACCESS, SUBJECT TO THE APPLICABLE CONDITIONS OF EXHIBIT Z WITH REMOVAL OF ITEM 7 OF THIS REPORT, AND BASED ON THE FINDINGS THEREIN. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 3-0. Planning Commission Minutes—June 1st, 2021 Page 2 1 5 EXHIBIT Z Conditions of Plat Approval Proposed Deephaven 2 1. Reconfiguration of the platted lot lines to meet the requirements of the City Engineering Department in its report dated May 271", 2021. 2. Reconfiguration of the proposed site plan to accommodate driveway changes that avoid interference with stormwater improvements. 3. Platting of the property to include a public pathway/open space easement over the rear 30 feet of the subject property, in exchange for prior public pathway considerations on this parcel, and the adjoining residential development. 4. The temporary blanket easement over the remaining Outlot A would remain in place until such time as those parcels are ready to develop. 5. The applicant shall verify plat naming convention with the Wright County surveyor. 6. The developer execute a Development Agreement for the terms and conditions of the plat. :7. The develepeF veFif� plat Ra...i''t, ­--tien f9F the plat with the Wright GewRt�­ Spey eF, 8. Considerations of other staff and Planning Commission. 3. Regular Agenda A. Consideration of a request for a six-month extension of an amendment to Conditional Use Permit for accessory structure in an A-O (Agriculture/Open Space) District to accommodate an open, covered patio over existing outdoor entertainment space. Applicant: Monticello Country Club Angela Schumann reviewed the extension request for the previously approved amendment to Conditional Use Permit (CUP) for Monticello Country Club. The applicant was approved for a 16,000 square foot canopy that would extend from their existing building. The applicant noted the difficulty of finding labor and construction materials and has asked for a six-month extension to continue the validity of the CUP and delay the construction of the facility. PAUL KONSOR MOVED TO APPROVE A SIX-MONTH EXTENSION (NOVEMBER 24, 2021) FOR THE AMENDMENTTO CONDITIONAL USE PERMIT AS APPROVED ON MAY 26, 2021. ALISON ZIMPFER SECONDED THE MOTION. MOTION CARRIED, 3- 0. Planning Commission Minutes—June 1st, 2021 Page 3 1 5 B. Consideration to find that the disposal (sale) of Lot 2, Block 1,Jefferson Commons 1'Addition by the City of Monticello is consistent with the Monticello 2040 Comprehensive Plan Angela Schumann explained that the request is on behalf of the City of Monticello, who is in the middle of a pending sale, for Lot 2, Block 1, Jefferson Commons Is'Addition. The pending sale relates to a property between Deegan Avenue and Highway 25. The property is about 2.7 acres and would require development consistent with the zoning and subdivision ordinance. The Comprehensive Plan guides the parcel as Community Commercial and is zoned B- 4. Therefore, the sale of commercial development is consistent with the Comprehensive Plan. Paul Konsor asked if there was a way to understand what the intention of the land would be. Schumann noted that with discussions with any proposed buyer, staff provides information required by the zoning and subdivision ordinance to ensure the use is consistent. Schumann noted that a land use application for the parcel could occur at a future point. PAUL KONSOR MOVED TO ADOPT RESOLUTION PC-2021-019 FINDING THAT THE PROPOSED DISPOSAL OF LOT 2, BLOCK 1,JEFFERSON COMMONS 1ST ADDITION BY THE CITY OF MONTICELLO IS CONSISTENT WITH THE CITY OF MONTICELLO 2040 COMPREHENSIVE PLAN. ALISON ZIMPFER SECONDED THE MOTION. MOTION CARRIED, 3- 0. C. Consideration of an update on City and EDA-related Downtown Activities Angela Schumann noted that the Planning Commission, as a part of their on- going discussions regarding the workplan, inquired about the status of activities in the downtown and the status of the City's focus on downtown. The City Council earlier this year held a strategic planning session talking about projects already in progress and projects they would like to focus on in the coming years. Downtown remains a priority for the City Council, outlined in the goals and objectives of the Downtown Small Area Plan. The EDA also remains focused on their activities in the downtown. D. Consideration of the Community Development Director's Report Angela Schumann provided the Community Development Director's Report as provided in the agenda. 4. Added Items None. 5. Adjournment ALISON ZIMPFER MOVED TO ADJOURN THE MEETING AT 6:43 P.M. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 3-0. Recorder: Jacob Thunander Planning Commission Minutes—June 1st, 2021 Page 4 1 5 Approved: July 6th, 2021 Attest: Angela Schumann, Community Development Director Planning Commission Minutes—June 1st, 2021 Page 5 1 5 Planning Commission Agenda—07/06/21 2A. Consideration of a Conditional Use Permit for Group Residential Facility, Multi- Family in an R-3 District, and amendment to the use table, Table 5-1 of the Zoning Ordinance. Applicant: Dawn Rogosheske Prepared by: Community Meeting Date: Council Date (pending Development Director/NAC 07/06/2021 Commission action): 07/12/21 Additional Analysis by: Chief Building and Zoning Official Property: Legal: Lengthy legal Address: 612 W 5`" Street PI D: 155-010-0090 Planning Case Number: 2020-020 Land Use Designation: Mixed Neighborhood Zoning Designation: R-3, Medium Density Residence District The purpose of the "R-3" Medium Density Residence district is to provide for medium density housing in multiple family structures ranging up to and including twelve (12) units and directly related, complementary uses. Overlays/Environmental Regulations Applicable: NA Current Site Use: Single Family Group Residential Facility (Serving 6 or fewer residents) Surrounding Land Uses: North: Railroad and street right of way East: Multi-family townhome South: Single-family residential /multi-family townhome West: Multi-family residential Project Description: The applicants are seeking re-authorization of a CUP granted in April of 2020. The applicants currently operate a group residential facility on the subject property, serving up to six residents with needed services. The residents in the existing facility are developmentally disabled adults with a variety of needs and care. 1 Planning Commission Agenda—07/06/21 The applicants have a large residential home on a 16,500 square foot parcel. The upper floor of the structure is unfinished at present. The applicants' narrative suggests that they are seeking to finish additional residence rooms to increase facility capacity by an additional 6 rooms, or up to 12 residents total. The residents share common area facilities including living space, kitchen and dining space, and other activities space. State regulations provide that such uses are to be allowed, with the potential that a city may require a Conditional Use Permit. Under the current ordinance, a Group Residential Facilities, Multi-Family use requires a CUP in the R-3 District. A. REFERENCE & BACKGROUND On April 271", 2020, the City Council granted a Conditional Use Permit as recommended by the Planning Commission for the proposed Group Residential Facility, Multi-Family. The Monticello Zoning Ordinance requires that the use commence within one year of approval or the CUP becomes void. As the applicant/property owner did not proceed with work as authorized under the prior CUP, the applicant is not seeking reauthorization of the CUP. The applicants would develop the expanded group residential facility by finishing the existing upstairs level —currently just framed but unoccupied —to create six new bedrooms. Tenants would share the common facilities with the existing six- bedroom tenants on the finished main level. In the 2020 application, an exterior deck was the only modification to the exterior of the home. The 2021 application shows the addition of a small structure on the exterior rear garage portion of the home to accommodate accessible lift equipment for residents. As a condition of approval, the exterior of this platform lift area shall be consistent with the balance of the exterior. The applicant has also provided detailed floor plans illustrating the interior layout in conformance with zoning code requirements. These plans are consistent with the prior review and approval. R-3 Zoning District. The R-3 District allows Group Residential Facilities, Multifamily by Conditional Use Permit. The standards for such facilities are provided in Section 5.2(C)(3)(b)(i) Group Residential Facility, Multi-Family. Conditional Use Permit. Group Residential Facility, Multi-Family shall require authorization through a Conditional Use Permit following the provisions of Section 2.4(D) of this ordinance, and be subject to the following conditions: 2 Planning Commission Agenda—07/06/21 1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. Comment: The total square footage of the facility is over 6,400 square feet. The requirement for 520 square feet per resident is met. 2. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above. Comment: The facility will include on-site staffing at all times, but no overnight accommodations for staff are required. 3. The property shall be developed to provide 2 off-street parking spaces for staff and one space per 3 residents for visitors. Comment: The existing garage shows space for 4 vehicles, sufficient for the maximum of 3 staff on-site during any shift. In addition, there appears to be space for up to 5 parked vehicles in the driveway area, meeting the resident space requirement. 4. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this ordinance, with the exception that the use shall be exempt from curb requirements. Comment: The driveway and parking areas are paved. 5. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property. Comment: The property is approximately 16,400 square feet, with open/green space covering over 6,900 square feet of the site, or approximately 42% of the site. 6. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. Comment: The applicants' building is an existing structure which is similar in character to the existing one- and two-story residences in the immediate area. The building is constructed of compliant residential building materials. A front porch and dormer windows on the front fagade add to the residential character of the property. The garage is side-loaded and is well-screened from the adjacent townhomes. The exterior building modification for the platform lift shall be compatible with the balance of the principle building and subject to the review and comment of the Building Official. B. ALTERNATIVE ACTIONS 1. Motion to approve a Conditional Use Permit for Group Residential Facility, Multi-Family for 612 51" Street West, based on findings in Resolution PC-2021- 3 Planning Commission Agenda—07/06/21 020 and subject to conditions in Exhibit Z. 2. Motion to deny the Conditional Use Permit based on findings to be made by the Planning Commission. C. STAFF RECOMMENDATION Staff recommends approval of the requested Conditional Use Permit reauthorization, subject to conditions in Exhibit Z. D. SUPPORTING DATA: A. Resolution 2021-020 B. Aerial Site Image C. Applicant Narrative D. Floor Plans E. Site Images F. Open Space Calculation G. Monticello Zoning Ordinance, Excerpt 4 Planning Commission Agenda—07/06/21 EXHIBIT Z Conditions of Approval Rogosheske Conditional Use Permit 612 5' Street West 1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. 2. Living accommodations for on-site resident staff may be accommodated as needed and shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above. 3. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property. 4. The exterior building addition shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. 5. Comments of the Building Official, and other staff and Planning Commission. 5 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-020 RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A GROUP RESIDENTIAL FACILITY, MULTI-FAMILY, IN AN R-3, MEDIUM DENSITY RESIDENCE DISTRICT, ADDRESS: 612 W 5T" STREET PID: 155-010-0090 WHEREAS, the applicant has submitted a request to remodel an existing Group Residential Facility to accommodate additional adult residents; and WHEREAS, the site is zoned Medium Density Residence District (R-3) and, which allows such use by Conditional Use Permit; and WHEREAS, the proposed use and development are consistent with the Comprehensive Land Use Plan designation of"Mixed Neighborhood"; and WHEREAS, the applicants have provided materials documenting the proposed layout of the improvements to the existing building; and WHEREAS, the exterior dimensions of the proposed building will not be affected by the proposed remodeling; and WHEREAS, the additional residents will result in a total occupancy of the building that is similar to other allowed uses in the R-3 District, including Assisted Living or Medium Density Residential; and WHEREAS, the residents are under the care of staff and are not likely to significantly increase traffic in the neighborhood; and WHEREAS, the Planning Commission held a public hearing on July 61", 2021 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 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-020 1. The applicant has provided building plans that, subject to review by the City's Building Department, will demonstrate adequate compliance with various applicably Zoning Ordinance, Fire Code and Building Code requirements. 2. The applicant can provide adequate site plan documentation of compliance with the relevant aspects of the City's Zoning regulations related to Group Residential Facilities, Multi-Family. 3. The building is a large structure which will accommodate the proposed use without crowding the subject property or neighboring parcels. 4. The site appears adequate to accommodate vehicular traffic and parking, as well as open space and other requirements to accommodate the use. 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 approve the Conditional Use Permit for a Group Residential Facility, Multi-Family, subject to the conditions identified in Exhibit Z of the Staff report, as listed below: 1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. 2. Living accommodations for on-site resident staff may be accommodated as needed and shall be deducted from the principal dwelling square footage for purposes of determining density in (1) above. 3. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property. 4. The exterior building addition shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. 5. Comments of the Building Official, and other staff and Planning Commission. ADOPTED this 6"day of July, 2021 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: Paul Konsor, Chair ATTEST: 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-020 Angela Schumann, Community Development Director 3 0 v u S � h 0 uc o 1S�,db y1" T � W 0 O O � O � p O T T T 1S b1• � ono 0 S�N�i� o 00 � T T o N T o 1S b,�aS�N E L � � o L o un T N f. O OOi C 10 T O O — c +-+ c T O 0 1S3N,� r O o r, T Ln Q) h a) — .- a) can cn S � c O o O aA T T � et LO � T St. Andrews House St. Andrews house is licensed by the MN Department of Human Services that provides a supervised environment for adults that are unable to live independently due to a debilitating physical or mental condition since 2007. St. Andrews has staff on shift 24 hours a day to assist any client with their activities of daily living. Unlike larger corporations we pride ourselves with a family-type environment that keeps the clients at ease and safe. Presently living at St. Andrews is 4 clients that have their own bedroom. There is a total of 6 bedrooms on the main level. The clients share common space areas. The common areas consist of 2 living rooms, 2 kitchens, and 2 laundry rooms. Presently square footage is 3,200. St. Andrews offers to keep older adults connected to their home communities when they no longer have the independence to do it themselves. Some of the services St. Andrew provides are assisting the individual with daily personal care, aiding in daily recreational or vocational activities, providing transportation to medical appointments, shopping, and recreational activities, preparing and serving meals and dispensing medications. With the expansion there will be no change to the services being provided. The next stage for St. Andrews is to become an Assisted Living facility and stop Adult Foster Care. Home and Community Based Services Designation license (HWS) will be applied for. To accomplish this the addition that is already in existence, would need to be finished. We will be adding 6 more bed rooms and another living room for new clients which would increase the square footage by 2,900. The only exterior change would be a deck added to the upper level to the garage for a fire escape. We will also be receiving a new license for Temporary Comprehensive Home Care. This license will allow St. Andrews to provide Assisted Living. We already have a system in place with 14 employees, operation will stay the same since 2007. 3 full time employee and 11 part time employees. We presently have 2-3 staff on from 8am to 8pm. We have 1 staff on from 8pm to 6am. Service is provided 24/7. St. Andrews House 612 5t" Street West Monticello, MN 55362 Property Description Sect-11 Twp-121 Range-025 ORIGINAL PLAT MONTICELLO Lot-008 Block-009 LTS 8 & TH PRT of LTP DES COM NELY COR TH NWLY 33ft TH SWLY Property ID: 155-010-009080 St Andrews is an AFC. It is for our clients, like living in a home. One to four adults with disabilities and seniors live together in the house, each with their own bedroom. The living rooms, bathrooms, kitchens, and any other rooms are shared. A caregiver also is present in the house that is there 24/7 to provide services to the clients. We like to pride ourselves on the quality of care we provide to our clients. We take them to their doctor appointments and many community events from St. Cloud to Rogers. We like to keep older adults connected to their home communities when they no longer have the independence to do it themselves. Our overall plan is to finish the addition above the main facility and to increase capacity for a total of 10 clients. St. Andrews house already falls under Housing Support (formerly Group Residential Housing) as Adult Foster Care. Also under Housing Support is Board and Lodge, Supervised living facilities, Boarding Care Homes and Housing with Services establishments. We are unsure of what Monticello's policies are for the above services. We are in the planning stages and would like the recommendation of what would best fit in Monticello. St. Andrew's Home Dawn Rogosheske, RN Provider/Owner Cell: 612-963-5412 Alt- Wyett Rogosheske: 612-963-2355 St. Andrews Home Phone: 763-295-6001 Fax: 763-295-6001 *Please Note to Call the Group Home Before Sending Fax 612 5th Street, Monticello, MN 55362 LL E o m aa1 ¢ m LU co CD COO O UofF- ) Lo NO) Lc,W:, �N R y3¢� O ZZ (n Z U M cW LLJ ZLj W coN ,�LL, O M „ u� O Z O LuLLZ O >�� _ of W Q Q O NX o OL CQ N t !zgU) ) J- o (i) QUOQu(QUJi H (L N w E Q (nWW d ¢Z> F N - r m t y m Y 3 c tt $ c O 0 A a O y 0 O O C ag N E IF. 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W.� � 1 • '� �" i o� � �. ..1 =}4 '�:�f- .—� IT � ;G k,:' � IyM, I ;�� i F ,�apP" '� �� s .� r• � c g tt �'" 1. �' 5 / il��� ,} y . �� .. ,. � _ S�1" v II +ej F k d ` s 9 �ry ► 11 1 a lie jo— L � r♦ ++ i = f •\ �l r N O N r-I O Open/Green Space i► 492A 1 q. Feet Qet. 5471. eet 3�9 ` - -• - - 1 1in =47ft N A June 28, 2021 AMo❑Tv of Map Powered By DataLink nticello wsb CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (C) Regulations for Residential Uses (i) No overnight facilities are provided for the children served. Children are delivered and removed daily. (ii) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (b) Group Residential Facility,Multi-Family (i) Group Residential Facility,Multi-Family shall require authorization through a conditional use permit following the provisions of Section 2.4(D)of this ordinance, subject to the following conditions: 1. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling. 2. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in(1)above. 3. The property shall be developed to provide 2 off-street parking spaces for staff and one space per 3 residents for visitors. 4. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this ordinance, with the exception that the use shall be exempt from curb requirements. 5. The property shall maintain a minimum of 30%landscaped green space based on the gross area of the property. 6. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located. (4) Manufactured Homes/Manufactured Home Park (a) Manufactured Homes in General All manufactured homes within the City of Monticello shall be built in conformance with the manufactured home building code and comply with all provisions of this ordinance. (b) Manufactured Home Parks Development of new manufactured home parks shall be encouraged to use the planned unit development(PUD)process to allow the City to vary or modify the strict application and requirements for manufactured home parks to more readily accommodate this type of development. However, absent development through a PUD,the following requirements shall apply: (ii) In General: 1. The minimum total manufactured home park area shall be five acres. 2. Each designated mobile home site shall not be less than 2,500 sf. Page 368 City of Monticello Zoning Ordinance Planning Commission Agenda—07/06/2021 2B. Public Hearing—Consideration of a Request for Variance to Cul-de-Sac Length, Rezoning to Planned Unit Development, Development Stage Planned Unit Development and Preliminary Plat for 28 Twin Home Units in the R-2 (Single Family and 2 Family Residential) District. Applicant: Mark Elliot Homes Prepared by: Northwest Meeting Date: Council Date (pending Associated Consultants (NAC) 07/06/2021 Commission action): 07/26/21 Additional Analysis by: Community Development Director, Chief Building and Zoning Official, Community & Economic Development Coordinator, Project Engineer, Fire Marshal A. REFERENCE AND BACKGROUND Property: Legal Description: Unplatted PI D: 155-500-101402 Planning Case Number: 2021-014 Request(s): Preliminary Plat/Rezoning from R-2, Single and Two-Family Residence District to PUD, Planned Unit Development District/Development Stage PUD Deadline for Decision: July 23, 2021 (60-day deadline) applications extended to September 21, 2021 (120-day deadline) Land Use Designation: Mixed Density Residential Zoning Designation: R-2, Single and Two-Family Residence District Overlays/Environmental Regulations Applicable: NA Current Site Uses: Vacant Surrounding Land Uses: North: Vacant Land, Single Family Residential (R-2) East: Vacant Land (R-3) South: Existing Single-Family Residential (B-3) West: Single Family Residential (R-1) 1 Planning Commission Agenda—07/06/2021 Project Description: The applicant proposes to plat the property with a public street, developing 14 two-family buildings (total of 28 units). w, G �m God Cowx Rd M • L w6 ,a 1h t •� Q ANALYSIS: Preliminary Plat The parcel size is just under 7 acres, accounting for the required Elm Street right of way dedication. As such, the proposed density is approximately 4.1 units per acre, below the ranges projected for the Mixed Density Residential Land Use category in the Comprehensive Plan, which calls for between 8-12 units per acre. The density is also below the 6.2 units/acre range allowable in the current R-2 zoning district. The property abuts an R-1, Single Family neighborhood on its western boundary, which is just under 3 units per acre. The project development is consistent with the allowed uses in the R-2 District and serves as an appropriate transition between the single family and higher density land uses planned for property to the east and north. The project would be served with a public street accessing Elm Street and curving to the south with a cul-de-sac design of just over 700 feet in total length. The Subdivision Ordinance limits cul-de-sac streets to 600 feet. However, in this case, it is not possible to serve the site and continue the street to another external connection. To accommodate the longer-than-typical dead-end street design, staff recommends a pedestrian connection from the end of the cul-de- 2 Planning Commission Agenda—07/06/2021 sac as noted in the Pedestrian Circulation paragraph below. Although a variance was noticed for the length, the design can be accommodated through the PUD without the need for variance. The plat creates a series of 28 building lots, each 45 feet in width by 82 feet in depth, in pairs. The building lots are surrounded by a common area lot owned and maintained by a Homeowner's Association. The narrative does not identify whether the HOA will have responsibilities for other maintenance, such as building exteriors or individual driveway snow removal. With the final PUD and plat, the applicant will be asked to clarify that information. The plat includes right of way dedication for Elm Street, as well as a portion of undedicated 71n Street in the southwest corner of the site. The City Engineer has noted a need for additional right of way width on Elm Street to meet collector route standards. This should not impact lot layout. The plat shows a discrepancy in the legal description along the west boundary adjacent to the single-family neighborhood. This discrepancy would typically be resolved by the applicant and the County Surveyor during formal County plat review and is added below as a condition of approval. Park Dedication The Parks, Arts and Recreation Commission has recommended that no land dedication be required as a part of this subdivision. Instead, a cash payment in lieu of land according to the City's schedule would be required. Site and Building Data As noted, the property is just under 7 acres. There is inadequate frontage on 7t" Street to establish another outlet from the development, and connections to either 7t" Street or Elm Street would result in access locations too close to the existing 7t"/Elm intersection. As such, the cul-de-sac length is an exception requested through the PUD zoning. The street serves a total of 14 two-family buildings, 28 individual units. Each unit is approximately 40 feet wide by 56 feet in length (2,200 square feet), one level, slab-on grade, including a garage of 550 square feet. Net livable floor area is approximately 1,650 square feet, meeting the R-2 minimum square footage requirements. The buildings are designed with the garages adjoining each other in the pairs of units, set back from the public street at 30 feet, consistent with the typical requirements for the R-2 zoning. Similarly, rear setbacks of 30 feet are maintained, and side-to-side building separations appear to be 20 feet, again consistent with the R-2 setback standards that would require 10 feet on each side (total of 20 foot separation). 3 Planning Commission Agenda—07/06/2021 To accommodate the unit lots as shown, Lots 9 and 10 are somewhat crowded into the northwest corner of the site, resulting in a greater setback from the street than most other units, and placing these two more in the rear yards of the adjoining property. An option would be to shift units 11— 26 counterclockwise around the cul-de-sac and allow unit 26 to move closer to the right of way as a result. The R-2 zoning requirements would allow a 20 foot setback for this "side yard" on a corner site such as this one. In this way, all units would retain a more balanced setback from the street and avoid the rear yard setting of units 9 and 10. Off-Street Parking The project illustrates driveways that would serve the two-car garages and narrow at the right of way line to meet the city's driveway width requirement. Each unit would have two garage spaces, plus two driveway parking spaces. There would be opportunities for on-street visitor parking when needed due to the width of the building areas between units. Pedestrian Circulation The plan does not show pedestrian improvements for the project. The following requirements would be standard considerations for residential projects: • Add a 10' bituminous pathway along Elm Street. • Work with neighboring owner and/or Parks Department to connect Elm Street pathway to the 7t" Street pathway. • Add 6' concrete sidewalk along one side of the internal street. • Provide a sidewalk connection/outlet from the proposed cul-de-sac to Elm Street pathway. Landscaping The ordinance establishes a baseline tree planting requirement for residential property of two 2" caliper trees per unit. No additional unit planting plan is required. As a PUD, staff would recommend additional tree and shrub planting to buffer the rear building exposures from Elm Street, and an enhancement of the ponding areas beyond just seeding as now proposed. In addition to these enhancements, staff would recommend some planting to separate future patio spaces in the rear of each pair of units. Patios are not shown on the site plans, but rear access doors are included that would appear to provide access to such a space. Creating a common plan to address patio privacy for individual patio owners could minimize future conflicts over how to create that buffer. In addition, a bufferyard requirement is applied when the proposed development abuts land uses that vary from the proposed project. In this case, a bufferyard requirement of Type "A" would be required along the west property line. 4 Planning Commission Agenda—07/06/2021 For an "A" buffer, the landscaping ordinance requires a planting density of the following: • 2 ACI of canopy trees + • 10 ACI of understory trees + • 15 small shrubs per 100 linear feet The west boundary is approximately 540 feet in length, which results in a requirement for 11 ACI of canopy trees, 54 ACI of understory trees, and 81 small shrubs. The landscaping plan proposes 10 ACI of canopy trees in the buffer area, 12 ACI of understory trees, and more than 81 shrubs. The plan notes suggest that a portion of the required buffer tree planting would be accounted for with some of the saved trees along the property boundary. Staff's concern with this approach is that those saved trees consist of Siberian Elm and Boxelder, both of which are undesirable species. It would be staff's recommendation that they be removed from the site; but in any case, should not be applied to the buffer planting requirement. As such, the understory tree planting in the buffer should be increased with an additional 42 ACI of such trees. Tree Protection The tree removal plan proposes the removal of a large number of existing trees, the majority of which are Siberian Elm and some Green Ash. Both species are undesirable, and pose no issue for removal. One tree is a large Sugar Maple in the northeast corner of the site, listed at 46 inches in diameter. This is considered a "significant tree" under the City's tree protection requirements and must be replaced with other tree planting on site of at least 18 ACI. That minimum replacement quantity is met on the plan with other tree planting beyond the requirements listed above. Fencing Unless proposed to address the patio screening/buffering noted above and any requirements of the proposed retaining walls along the north edge of the site, no fencing is now included in the plan. Building Size & Materials The building plans submitted illustrate a mix of design styles in a vinyl product. However, the applicant has indicated that building materials are proposed to include a mix of LP lapped siding and stone wainscot on the main level, with a mix of LP board and batten and shakes on the upper front-and rear-facing gables. Side and rear wall materials are shown as lapped siding. The proposed elevations present a significant level of detail and reflect the enhanced design required as part of a PUD. The LP siding is a superior product to vinyl, which is shown on the original version of the plan submission. The applicant has indicated that LP would be used, and the plans would be revised as a part of the final PUD plan set. 5 Planning Commission Agenda—07/06/2021 Lighting No separate lighting plan is proposed. Street lighting would be required per City subdivision standards. Trash/Recycling No common trash is proposed. Individual trash containers would be required to stored within the garages. Signage The applicant has not provided any monumentation signage at this point. Erosion Control/Drainage The City Engineering has provided separate comment on drainage. Utilities The City Engineering has provided separate comment on utility plans. Phasing The project is proposed as a single phase. PUD Zoning The project requires a PUD, accomplished by establishment of a PUD Zoning District applicable to the subject site. In this case, PUD is being requested to: (1) accommodate the additional length of the cul-de-sac street (just over 700 feet); (2) accommodate building lots that do not have direct frontage on a public street, but rather rely on access across a common lot owned by an HOA; In response, staff is seeking additional landscape treatments of the exposed areas along Elm Street and around the stormwater ponding. Apart from these, the project appears to be well designed as consistent with the City's requirements for PUD consideration. B. ALTERNATIVE ACTIONS Decision 1: Consideration of a Preliminary Plat for Stony Brook Village 1. Motion to adopt Resolution No. PC 2021-021 recommending approval of the Stony Brook Village preliminary plat, subject to conditions in Exhibit Z and based on findings in said Resolution. 6 Planning Commission Agenda—07/06/2021 2. Motion to deny the adoption of Resolution No. PC 2021-021 recommending approval of the Stony Brook Village preliminary plat, based on findings to be made by the Planning Commission. 3. Motion to table action on Resolution No. PC 2021-021. Decision 2: Consideration of a Rezoning to PUD, Planned Unit Development District 1. Motion to adopt Resolution No. PC 2021-022 recommending approval of the Stony Brook Village rezoning to PUD, subject to conditions in Exhibit Z and based on findings in said Resolution. 2. Motion to deny the adoption of Resolution No. PC 2021-022 recommending approval of the Stony Brook Village rezoning to PUD, based on findings to be made by the Planning Commission. 3. Motion to table action on Resolution No. PC 2021-022. Decision 3: Consideration of a Development Stage PUD 1. Motion to adopt Resolution No. PC 2021-023 recommending approval of the Stony Brook Village Development Stage PUD, subject to conditions in Exhibit Z and based on findings in said Resolution. 2. Motion to deny the adoption of Resolution No. PC 2021-023 recommending approval of the Stony Brook Village Development Stage PUD, subject to conditions in Exhibit Z and based on findings in said Resolution. 3. Motion to table action on Resolution No. PC 2021-023. C. STAFF RECOMMENDED ACTION Staff recommends approval of the Preliminary Plat, Rezoning to PUD, and Development Stage PUD for Stony Brook Village, with the conditions noted in Exhibit Z, and as referenced in the accompanying resolutions. The project is consistent with the land use plan and zoning for the site. The proposed project provides an appropriate level of transition in densities and unit styles for the existing and proposed land uses in the area. As a proposed PUD, the project offers enhanced architectural detail in the home design and site layout. D. SUPPORTING DATA A. Resolution PC-2021-021, Preliminary Plat B. Resolution PC-2021-022, Rezoning C. Resolution PC-2021-023, Development Stage PUD 7 Planning Commission Agenda—07/06/2021 D. Ordinance No. XXX, Draft E. Aerial Site Image F. Applicant Narrative G. Certificate of Survey H. Civil Plans, including: a. Cover b. Existing Conditions c. Preliminary Plat d. Preliminary Grading, Drainage & Erosion Control e. Preliminary Utility Plan f. Civil Details g. Landscaping Plan h. Landscaping Notes i. Vegetation Preservation & Protection Plan I. Colored Elevations J. Elevations & Floor Plans K. City Engineer's Letter, dated June 24t", 2021 L. Monticello Zoning Ordinance, Excerpts M. Letter of Public Comment Z. Conditions of Approval 8 Planning Commission Agenda—07/06/2021 EXHIBIT Z Conditions of Approval Stony Brook Village Preliminary Plat, Development Stage PUD 1. Revise the landscaping plan to increase understory tree planting along the west buffer of at least 42 ACI. Remove unwanted species including Siberian Elm and Boxelder trees as a component of the landscaping plan. 2. Replace the Specimen Tree loss as required by city ordinance. 3. Revise the landscaping plan to add additional planting along the Elm Street exposure and the stormwater ponding areas. 4. Clarify the potential for porches or patios in the rear of the units. 5. Address landscaping in the areas of the patios to provide additional privacy screening and buffering. 6. Address the discrepancy in west lot line location with the County Surveyor as a part of the Plat recording process. 7. Consideration of shifting building/lot locations around the cul-de-sac to minimize the siting of buildings behind adjoining structures as noted in this report. 8. Provision of sidewalk along the internal street, pathway along Elm Street, and a sidewalk connection from the end of the cul-de-sac to the Elm Street pathway. 9. Compliance with the terms of the City's engineering staff letter dated June 241n 2021. 10. Comments and recommendations of other staff and Planning Commission. 9 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-021 RECOMMENDING APPROVAL OF A PRELIMINARY PLAT FOR STONY BROOK, A RESIDENTIAL SUBDVISION WHEREAS, the applicant owns unplatted property along Elm Street in the R-2, Single and Two-Family Residential Zoning District; and WHEREAS, the applicant has submitted a request to plat said property into 28 two-family unit lots and one common lot, along with public street dedication and other features, under a PUD; and WHEREAS, the site is guided for medium density residential uses under the label Mixed Neighborhood 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 plat will comply with the required policies and requirements of the Subdivision Ordinance, contingent on conditions noted in this resolution and upcoming Final Plat review comments; and WHEREAS, the Planning Commission held a public hearing on July 6, 2021 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 Preliminary Plat provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by putting the existing and proposed improvements and parcels to a low to medium density residential use. 2. The proposed improvements on the site under the Preliminary Plat are consistent with the needs of the development in this location as a mixed residential area. 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. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-021 4. The development and building designs successfully fulfill the intent of the City's development plans and regulations. 5. The flexibility from Subdivision Regulations in the Preliminary Plat for the project is consistent with the intent of the City's economic development objectives, 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 the Preliminary Plat for Stony Brook, subject to the conditions listed in Exhibit Z of the staff report as follows: 1. Revise the landscaping plan to increase understory tree planting along the west buffer of at least 42 ACI. Remove unwanted species including Siberian Elm and Boxelder trees as a component of the landscaping plan. 2. Replace the Specimen Tree loss as required by city ordinance. 3. Revise the landscaping plan to add additional planting along the Elm Street exposure and the stormwater ponding areas. 4. Clarify the potential for porches or patios in the rear of the units. 5. Address landscaping in the areas of the patios to provide additional privacy screening and buffering. 6. Address the discrepancy in west lot line location with the County Surveyor as a part of the Plat recording process. 7. Consideration of shifting building/lot locations around the cul-de-sac to minimize the siting of buildings behind adjoining structures as noted in this report. 8. Provision of sidewalk along the internal street, pathway along Elm Street, and a sidewalk connection from the end of the cul-de-sac to the Elm Street pathway. 9. Compliance with the terms of the City's engineering staff letter dated June 24, 2021. 10. Comments and recommendations of other staff and Planning Commission. ADOPTED this 61"day of July, 2021, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-021 Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-022 RECOMMENDING APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE AND MAP, CREATING THE STONY BROOK PUD DISTRICT, AND REZONING THE SUBJECT PROPERTY TO STONY BROOK PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the applicant owns property along Elm Street, currently zoned R-2, Single and Two-Family Residence District; and WHEREAS, the applicant has submitted a request to plat said property into 28 residential building lots and one common lot under a PUD; and WHEREAS, the site is guided for medium density residential uses under the label Mixed Neighborhood 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 residential uses; and WHEREAS, the proposed PUD falls below the densities prescribed in the Comprehensive Plan, but create positive density transition between the adjoining single family and other higher density property in the area; and WHEREAS, the Planning Commission held a public hearing on July 6, 2021 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 of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The Rezoning provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by putting the existing and proposed improvements and parcels to appropriate residential densities for the area. 2. The proposed improvements on the site under the PUD Zoning are consistent with the needs of the development in this location as a mixed residential area. 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. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-022 4.. The PUD flexibility for the project is consistent with the intent of the City's economic development objectives, 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 the creation of the Stony Brook PUD District and rezoning of the subject property to Stony Brook PUD District. ADOPTED this 61"day of July, 2021, bythe Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-023 RECOMMENDING APPROVAL OF A DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT FOR STONY BROOK, A 28 UNIT TWO-FAMILY RESIDENTIAL PROJECT WHEREAS, the applicant owns property along Elm Street, currently zoned R-2, Single and Two-Family Residence District; and WHEREAS, the applicant has submitted a request to plat said property into 28 residential building lots and one common lot under a PUD; and WHEREAS, the site is guided for medium density residential uses under the label Mixed Neighborhood 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 residential uses; and WHEREAS, the proposed PUD falls below the densities prescribed in the Comprehensive Plan, but create positive density transition between the adjoining single family and other higher density property in the area; and WHEREAS, the Planning Commission held a public hearing on July 6, 2021 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 improvements and parcels to a low to medium density residential use. 2. The proposed improvements on the site under the PUD are consistent with the needs of the development in this location as a mixed residential area. 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. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-023 4. The development and building designs successfully fulfill the intent of the City's development plans and regulations. 5. The PUD flexibility for the project is consistent with the intent of the City's economic development objectives, 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 the Development Stage PUD for Stony Brook, subject to the conditions listed in Exhibit Z of the staff report as follows: 1. Revise the landscaping plan to increase understory tree planting along the west buffer of at least 42 ACI. Remove unwanted species including Siberian Elm and Boxelder trees as a component of the landscaping plan. 2. Replace the Specimen Tree loss as required by city ordinance. 3. Revise the landscaping plan to add additional planting along the Elm Street exposure and the stormwater ponding areas. 4. Clarify the potential for porches or patios in the rear of the units. 5. Address landscaping in the areas of the patios to provide additional privacy screening and buffering. 6. Address the discrepancy in west lot line location with the County Surveyor as a part of the Plat recording process. 7. Consideration of shifting building/lot locations around the cul-de-sac to minimize the siting of buildings behind adjoining structures as noted in this report. 8. Provision of sidewalk along the internal street, pathway along Elm Street, and a sidewalk connection from the end of the cul-de-sac to the Elm Street pathway. 9. Compliance with the terms of the City's engineering staff letter dated June 24, 2021. 10. Comments and recommendations of other staff and Planning Commission. ADOPTED this 61"day of July, 2021, bythe Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2021-023 By: Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 3 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY AMENDING THE TEXT AND ZONING MAP, ESTABLISHING THE STONY BROOK PUD DISTRICT, AND REZONING THE FOLLOWING PROPERTY FROM R-2, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT TO PUD, STONY BROOK PLANNED UNIT DEVELOPMENT DISTRICT: BLOCK 1, LOTS 1-29, STONY BROOK THE CITY COUNCIL OF THE CITY OF MONTICELL0 HEREBY ORDAINS: Section 1. Section 3.8, Planned Unit Development Districts, of the Zoning Ordinance of the City of Monticello is hereby amended to add the following: (13) Stony Brook PUD District (a) Purpose. The purpose of the Stony Brook PUD District is to provide for the development of certain real estate subject to the District for two-family residential land uses. (b) Permitted Uses. Permitted principal uses in the Stony Brook PUD District shall be two-family residential uses as found in the R-2 Single and Two-Family Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated , 2021, and development agreement dated , 2021, as may be amended. The introduction of any other use from any 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. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Stony Brook PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-2, Single and Two-Family Residential District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, exterior building materials or colors, lot coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (P)(10). The City may require that substantial changes in overall use 1 ORDINANCE NO. of the PUD property be processed as a new project, including a zoning district amendment. Section 2. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from A-O, Agricultural Open Space to R-1, Single Family Residence District: PID NUMBERS: 155-500-101402 (See attached Legal Description) Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. 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 5. 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. ADOPTED BY the Monticello City Council this day of , 2021. Lloyd Hilgart, Mayor ATTEST: Rachel Leonard, City Administrator AYES: NAYS: 2 -4-j O u o O M L p O C tC! C6 o O !O r u r • MINNESOTAST r to ro a-j C � N � E 0- c o O o 0 � N pci ua � r O D N N O a O c . O � o a-J OtLo N C N O O p •O � i N U LO o u — � c6 � o +j 1 a� � � O � J � 4-j O Q � o LO O M O O M N — O p O w N E L W _ 0 STONY BROOK VILLAGE Residential Development Narrative Monticello, MN Existing Conditions The 7.5-acre site is located in the northwest quadrant of Elm Street & 71" Street W. in Monticello, Minnesota. The site is currently vacant. Historical aerial photos indicate the site was once used for automobile storage. The site is sparsely treed and consists mostly of Siberian Elm with a smaller amount of Ash, Cottonwood, Boxelder and Maple. No wetlands are present on the site. The site is zoned R-2 Residential Multifamily. The Developer Mark Elliot Homes (MEH) is an experienced developer/home builder in the Twin Cities that has developed 3 communities and built over 350 homes, including in the cities of Cottage Grove, Inver Grove Heights Lakeville, Farmington, Rosemount and Buffalo. MEH understands the financial obligations of land development, including the need to put up a financial surety for the construction costs and to pay development & application fees; all of which will be detailed in the Developers Agreement. Neighborhood Goals Stony Brook Village will convert a vacant lot into a residential neighborhood with 28 twin home units. The identified goals in creating this new neighborhood include: • Provide housing and an increased tax base for the City of Monticello by redeveloping a historically underused parcel. • Develop a PUD project that follows R-2 zoning standards as much as feasible. • Provide increased residential market diversity with the development of quality slab-on- grade twin homes. • Creating a neighborhood layout that is sensitive to the existing conditions, including availability of utilities, natural grades and drainage patterns. • Assist the City in enhancing the pedestrian and trail connectivity of the area. • Enhancement of a small community feel. The Neighborhood General Site Information The proposed 7.5-acre Stony Brook Village consists of 28 twin home units with a typical lot size of 45 feet wide by 82 feet deep with common space that will be maintained by the Home Stony Brook Village Narrative 5/17/2021 1 Owners Association (HOA). Minimum setbacks are proposed to be consistent with R-2 standards: front setback of 30 feet; side setback of 10' feet, 20 feet between buildings; corner lot side setback of 20 feet and rear yard setback of 30 feet. The site will have one cul-de-sac to serve all the units with road access from Elm Street. The twin homes will be one story slab-on-grade units with 1,605 square feet of living space and 9' ceilings throughout. The floor plan includes two bedrooms with a den, a master bathroom and a % bathroom. Layout There are a number of site conditions that were reviewed and considered in the layout of Stony Brook Village. These include: • Existing Terrain and Drainage. The site is generally flat but gradually drains to Elm Street. This drainage pattern will be maintained but enhanced with stormwater best management practices and engineered outlets connected to Elm Street storm sewer. • Tree Screening. Perimeter tree and landscape planting will provide a sense of place and privacy screening for the residents and neighbors. • Utilities. Water & sewer will be extended to the site from existing stubs in Elm Street. 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Maximum Density through PUD or Performance Standards =5,445 sq. ft.per unit(8.0 units per gross acre) Typical R-2 Building Types Base Density = 4 Minimum Lot — — ' Unit Type Area/Unit Base Density Single Family 10,000 square feet 4.3 units/acre Duplex/Two-Family 7,000 square feet 6.2 units/acre Townhome* 7,000 square feet 6.2 units/acre 10,000 sq ft for I s` Multi-Family 5.9—6.7 - unit+ 4,000 sq ft for (3-4 units) * units/acre each additional unit *By Conditional Use Permit Only " Minimum Lot Width R-2 District Original Plat Lot Width 80 feet 66 feet Typical R-2 Lot Configuration r City of Monticello Zoning Ordinance Page 91 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (F) R-2:Single and Two Family Residence District REQUIRED YARDS(in feet) I Minimum Roof Max Height Minimum Minimum Minimum Pitch&Soffit Floor Areas Finished Floor Building Front Interior Street Rear (stories/ (sq ft) Areas (sq ft) Width (vertical rise/ [I] Side Side feet) [3] [3] (ft) horizontal run) 1,050 Minimum Single Family 30 10 20 30 2.5 stories foundation finished 24 [2] 35 feet 1 1,800 square finishable[3] footage must 5"/ 12" 10 2.5 stories 1,050 be equivalent Duplex 30 20 30 to the 24 No minimum [2] 35 feet foundation principal use soffit Townhouse 11400 unit Multi Family 30 10 20 30 2.5 stories 35 feet finishable foundation 24 Building I I size [1]: For the Original Plat of Monticello and Lower Monticello,where adjacent structures(excluding accessory buildings within same block)have front yard setbacks different from those required,the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1)adjacent structure,the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. [2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or less in the Original Plat of Monticello and Lower Monticello shall be at least six(6)feet. [3]: Finishable and finished square footage is exclusive of attached garage space ■ An attached garage shall be included with all principal residential structures in the R-2 district. ■ See Section 5.3(B)for all general standards and limitations on accessory structures. Accessory The minimum floor area for all attached garages shall be 450 sq.ft. Structures No portion of any attached garage may be more than 10 feet closer to the street that the principal structure. ■ Except for single family buildings,any driveway leading directly to an attached garage may not exceed 18' in width at the front yard property line ■ Section 3.3, Common District Requirements Other Section 3.4(B). Standards Applicable to All Residential Base Zoning Districts Consult (nott ■ Regulations Section 4.1 1, Building Materials all inclusive) Section 4.8. Off-Street Parking ■ Section 4.1, Landscaping and Screening Standards 1:20 foot setback from a street abutting a side yard 7 UNITS/ACRE Mo z:Duplex on a corner lot BASE DENSITY= 3 3.6 UNI S i AC 3:Minimum lot dimensions and sizes are GROSSRE--_ met � 44:30 foot rear yard setback for principal structures ' 2 5 gyp.... ........ 1p 5:io foot side yard setbacks on 7 shared interior lot lines 6:30 foot frontyard setback 7:6 foot interior side yard setback is allowed on lots of record in the Original Plat of Monticello and Lower Monticello Page 92 City of Monticello Zoning Ordinance wsb June 24, 2021 Mr. Matt Leonard City Engineer/Public Works Director City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Stony Brook Village Preliminary Plat/PUD Plans— Engineering Review City of Monticello Project No. 2021-014 WSB Project No. R-018305-000 0 U Z Dear Mr. Leonard: w m We have reviewed the Stony Brook Village Preliminary Plat and PUD plans dated May 3, 2021 as prepared by Westwood Professional Services, Inc. The applicant proposes to construct 28 twin- home lots with a 7.5 acre subdivision. co The plans and engineering documents were reviewed for general conformance with the City of m Monticello's general engineering and stormwater management standards. We offer the following cD comments regarding the engineering and stormwater management standards. Preliminary Plat& General Z 1. Elm Street right-of-way is shown as a minor collector, it should have a full right-of-way 7 width of 80' or 40' each side of the centerline instead of the 33' shown. U) J 0 2. Provide an actual street name for the development. Label adjacent street name on the a w plat/plans. Z Z 3. On the plat, show and note drainage and utility easements and outlot locations. 4. At the conclusion of the Final Plat submittal provide copies to the City of all required cocD permits from regulatory agencies (MCES, MPCA, MDH, NPDES, etc.) w Z) U) Existing Conditions (Sheet 3) Ui D 5. Add a removals plan to the set (could be included with the existing conditions plan). w Label existing utilities pipe sizes and material types and include hatching/notes for Q removals of all existing improvements (structures, curb, bituminous, concrete aprons, Q fences, etc.) proposed to be impacted with the project. Z w x 0 K:\018305-000\Admin\Docs\2021-05-24 Submittal\_2021-06-24 LTR-MEH Stonybrook PUD-WSB Engineering Review.docx Stony Brook Village Preliminary Plat&PUD Plans—Engineering Comments June 24,2021 Page 2 Preliminary Grading, Drainage, Erosion Control (Sheet 4) 6. An NPDES permit is required for land disturbing activity of one acre or more. With final plan provide a SWPPP meeting NPDES requirements. A more detailed review of the erosion/sediment control plans will be conducted with the final plat submittal. 7. Provide additional drainage and utility easement for the storm sewer adjacent to Lots 22 and 23. Easement widths should meet 1:1 slope requirements with the invert of the pipe and have a minimum width of 20' centered on the pipe. 8. Provide rim/invert elevations for all proposed inlets. Provide pipe grades/slopes and sizing for all pipes. 9. Provide maintenance agreements for who owns and maintains retaining walls in the future. Retaining walls greater than 4 feet in height shall be designed and certified by a registered professional engineer and shall include a safety railing at the top of the wall. A drainage swale is required behind all retaining walls. 10. Show all storm sewer maintenance access routes for structures outside of the street, add a note saying that"maintenance access shall be a minimum of 12-feet wide with 10% max side slopes" to the grading plan. 11. Rear and side-yard drainage swales shall have a minimum 2% grade. Verify all swales meet the minimum 2% grade and provide drainage arrows and grade percentages at each swale location. 12. Clarify where the area at the southern and southwestern corner of the development drains. Provide flow areas and proposed spot elevations. 13. Update typo of 77t" Street to 7t" Street'. Street Improvements 14. A 10'wide pedestrian trail will need to be added along Elm Street. 15. A 6'wide concrete sidewalk will need to be added along one side of the internal development street. 16. The radius to back of curb of the cul-de-sac (46') does not meet the requirement of City standard detail plate 5010 (50'). 17. Provide horizontal curve information for all segments of the proposed street. 18. With final plat/plans provide the following: a. Subgrade draintile will not be required unless clayey or those with high silt content are encountered. The applicant's geotechnical engineer shall be responsible for reviewing and providing a final recommendation. b. Draintile (Rigid PVC)will be required in locations where sump pumps are proposed to be connected. Include tracer wire and cleanouts every 200 feet. See City detail plate No. 4011 and Appendix D of the City's general specifications. c. Show mailbox cluster locations on the plans. K:\018305-000\Admin\Docs\2021-05-24 Submittal\_2021-06-24 LTR-MEH Stonybrook PUD-WSB Engineering Review.docx Stony Brook Village Preliminary Plat&PUD Plans—Engineering Comments June 24,2021 Page 3 d. Provide a street lighting plan. Show streetlights on utility and street plans. Preliminary Utility Plan (Sheet 5) 19. With final construction plans, provide confirmation of MDH (watermain) and MPCA (sanitary sewer) plan review and permitting. 20. A note should be added to the plans that the City will not be responsible for any additional costs incurred that is associated with variations in the utility as-built elevations. These elevations shall be verified in the field prior to construction. 21. Reference that plans should comply with the requirements in the City General Specifications on the Cover Sheet. 22. A note should be added saying the City specifications require that sanitary sewer and storm sewer require televising. Video files shall be provided to the City for review. 23. The building department will review the hydrant location/spacing and emergency vehicle access/circulation and provide comments separately from this letter. Hydrant spacing shall be no more than 400 feet. 24. Show/note dimension of drainage and utility easements where pipes are present. 25. Provide dimension for 10-foot separation between the watermain and sanitary sewer. Add a dimension note(s) on the plan view. 26. Note the material grade of the water and sanitary sewer pipe. 27. Shift sanitary manhole MH-7 and the hydrant at the end of the cul-de-sac to the east to move the hydrant and valve further away from the Lot 17/18 driveway. 28. With final plat submittal, provide the following: a. Water, sanitary sewer, storm sewer profiles. b. Include crossings of utilities in profiles. c. Add notes at crossings to the effect of"Maintain 18" Separation, Install 4" Rigid Insulation". d. Provide water and sanitary sewer service locations to each lot along with standard elevation information. e. Label all watermain fittings. f. Private utility conduit crossings shall be shown for the joint trench. This will be coordinated with the City and private utility companies prior to construction commencing. g. If dewatering is anticipated, provide a dewatering plan. 29. Update typo of 77t" Street to 71" Street'. 30. Show the storm sewer schedule, add the build depth of each structure. Catch basin manholes are not allowed to be deeper than 6 feet plus the sump. The minimum catch basin depth is 4 feet per the City's Design Manual. 31. Note connections to existing storm sewer structures and storm sewer pipe stubs. K:\018305-000\Admin\Docs\2021-05-24 Submittal\_2021-06-24 LTR-MEH Stonybrook PUD-WSB Engineering Revi—do- Stony Brook Village Preliminary Plat&PUD Plans-Engineering Comments June 24,2021 Page 4 32. Abandon existing utility services per City requirements. Civil Details (Sheet 6 and 7) 33. Include all applicable water, sanitary sewer, and storm sewer City standard detail plates. 34. Provide typical section/detail for stormwater improvements and control structures. 35. Include updated typical street section detail. City staff will provide. Preliminary Landscape Plans (Sheet 8 and 9) 36. Update typo of 77th Street to 71h Street'. 37. See additional comments directly from City Staff. Traffic& Access 38. Based on the proposed site plan and number of homes proposed (28 townhomes), the development will not generate enough trips to require turn lanes on Elm Street. The driveway is spaced far enough from 71h Street so as not to impact traffic operations at either location. 39. A sight line analysis should be completed for the development access that includes consideration for proposed landscaping and other visual impacts. Provide a detail/exhibit. Stormwater Management 40. Rate Control - Based on information provided rate control is being met. Existine Peak Discharge Rates OffsRe(ds) Storm XR-Existing Total Offsite Event 1X-Existing North Drainage 2X-Existing East Drainage 3X-Existing West Drainage Drainage 2-Yr 0.00 0.00 0.00 0.00 10-Yr 0.14 0.20 0.01 0.34 30D-Yr 2.28 3.32 0.46 5.70 Prooased Peak Discharee Rates Offsite fcfs) _ Storm 15-Proposed North 2R-Combined Pond 3S-Proposed West PR-Proposed Total Offisite Event Drainage-Offiste Discharge to Storm Sewer Drainage-Offsite Drainage 2-Yr 0.00 0.00 0.00 0.00 10-Yr 0.01 0.20 0.01 0.21 100-Yr 0.26 L61 0.39 17A 41. Volume Control - Based on the stormwater summary volume control is being met. Infiltration Volumes(cf) Treatment Volume Treatment Volume Basin Subcatchment Required Provided 1P 2.1S 4916 8133 2P 2.2S 5857 10704 NA 15,3S ❑ 0 TOTAL 10772 18837 K:\018305-000\Admin\Docs\2021-05-24 Submittal\_2021-06-24 LTR-MEH Stonybrook PUD-WSB Engineering Review.docx Stony Brook Village Preliminary Plat&PUD Plans—Engineering Comments June 24,2021 Page 5 42. Water Quality - Provide calculations on the sizing of the pre-treatment areas and treated volumes in the stormwater narrative report similar to the tables above. 43. Show EOF as being stabilized or reinforced to handle flow. 44. Provide maintenance access to infiltration basins. If access is planned off of Elm Street show locations as to not interfere with pipes and EOF's. Stormwater Modeling 45. Drainage Maps and sub catchment areas do not match. Verify all drainage areas and sub catchments. Explain any difference in numbers and why drainage cannot be routed to infiltration basins if necessary. 46. Provide HydroCAD model in future submittals so verification of modeling information can be confirmed. 47. Provide pipe sizing calculations to verify they are designed for the 10-yr rain fall event. Wetlands 48. The applicant has indicated there are no wetlands within the site. No wetland permitting is needed. The City, or agents of the City, are not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City's standards. Please have the applicant provide a written response addressing the comments above. Please give me a call at 763-287-8532 if you have any questions or comments regarding this letter. Sincerely, WSB ;�L James L. Stremel, PE Senior Project Manager K:\018305-000\Admin\Docs\2021-05-24 Submittal\_2021-06-24 LTR-MEH Stonybrook PUD-WSB Engineering Revi—docx From: Lynn Moeller To: Develooment Services Subject: Re public hearing for 701 Elm Date: Monday,June 28,2021 2:55:45 PM Hello, I think it is quite disturbing and very sad that there is a consideration of putting in a cul-de-sac with 28 twin home units on the property at the corner of 7th and Elm. This will not only increase the traffic in the area but disturb the single family homes next to that property and cause those homes to lose a significant amount of privacy that this field allows and will also displace a significant amount of wildlife that also needs to continue to have a place to live. We chose this area due to the quietness of the neighborhood,the feel of being out away from the cities despite being just down the road from shopping.There is already too much speeding of cars down 7th without the addition of 28 units. It does not make any sense to displace wildlife and cram in 28 units there. If this horrible idea continues to become a reality then those that are destroying a perfectly good piece of open space,destroying the privacy of those that live along the land and destroying the peace and quiet of a great neighborhood that does not need more people in it then the company that is doing this should be required to place privacy fences on the property lines to assist those that currently border the property in replacing the privacy the field provided and decrease the likelihood of those that will move there from entering private property.The destruction of trees and bushes should also be considered as those are needed to assist humans with living by giving us all oxygen to breathe. Please consider leaving undeveloped properties inside the city limits alone and undeveloped/undisturbed for wildlife,plants and tree growth. Thank you Sent from my Whone Planning Commission Agenda—07/06/21 2C. Consideration of a Request for Rezoning to Planned Unit Development, Development Stage Planned Unit Development and Preliminary Plat for 94 Townhome Units in the B-4 (Regional Business) District. Applicant: Monticello Meadow Townhomes, LLC (Peter Stalland) Prepared by: Community Meeting Date: Council Date (pending Development Director 07/06/2021 Commission action): NA Additional Analysis by: NA Property: Outlot C, Monticello Business Center PID 155-098-000030 Planning Case Number: 2021-010 Land Use Designation: Commercial-Residential Flex Zoning Designation: B-4, Regional Business District Overlays/Environmental Regulations Applicable: NA Current Site Use: Vacant Surrounding Land Uses: North: Vacant East: Multi-family townhome/Industrial South: Vacant/Commercial West: Vacant Project Description: The applicants had submitted a land use application requesting approval of a Development Stage PUD, Preliminary Plat and Rezoning to PUD for a 94-unit townhome development in the planning area known as "Chelsea Commons". At this time, it is our understanding that the applicant intends to table or withdraw that series of land use applications. The applicant intends to present a new concept for consideration at a joint workshop of Planning Commission and City Council on July 7t", 2021. The staff review memorandum and supporting data for that concept are included in the Joint Workshop agenda. 1 Planning Commission Agenda—07/06/21 A. REFERENCE & BACKGROUND As noted, it is staffs understanding at the time of this report that the applicant intends to withdraw or table their application for platting and PUD for a proposed 94-unit townhome project. Staff has provided below a summary of the land use, zoning and site details for the proposed project area. Also included are the materials submitted for the preliminary plat, development stage PUD and rezoning application. A final staff report and engineering analysis was not completed for the townhome proposal, as the applicant requested that review of the townhome proposal be halted to allow presentation and comment on the new preferred concept. Land Use The subject property is guided Commercial-Residential Flex, a mixed-use designation within the Monticello 2040 Plan. The City is working through the development of a Small Area Plan for the 100-acre area which includes this site. The land use and design process for Chelsea Commons will be a consideration for any use which comes forward for the site. The submittal proposes the conversion of the property from its current commercial zoning of B-4 (Regional Business) to a residential use. The residential land use would be considered within the Comprehensive Plan guidance as Commercial-Residential Flex and accommodations for mixed-use development. This is subject to those comments relating to the on-going planning effort for Chelsea Commons. Plat The proposed townhome development parcel consists of approximately 10.7 acres in area but is currently an unsubdivided portion of a larger 31.54 acre parcel. Under the original preliminary plat/development stage PUD application, the applicant proposed to plat Outlot C of Monticello Commerce Center into two parcels, one for development and another that shall remain an outlot for future development. The lot to be platted for development is proposed to be further platted into 94 townhome lots with a variety of unit configurations proposed. Site Plan The applicant had previously presented a site plan for a townhome development at a concept stage PUD workshop. During the workshop, staff provided an outline of items for the Commission and Council to consider with any further review. Those items are identified below. They are still relevant considerations for any continued review of the townhome project. 2 Planning Commission Agenda—07/06/21 • First is the compatibility of the project with the expectations of the City in developing the Chelsea Commons area. To maximize the benefits of the public infrastructure, it is expected that development in the study area will be designed to take full advantage of those spaces. In this regard, the City is proposing to aggregate what are typically individual site development requirements (such as stormwater ponding, open and landscaped green space, and public road access), into a consolidated unified public system that serves all of the study area uses. Similar to the Deephaven project, these initial development proposals provide context to the developing framework for the overall Plan. The Planning Commission and Council's feedback regarding this proposal's relationship to the vision for the Chelsea Commons area will be valuable to the developer as they consider their plans. • Second, because the City expects to make significant investments in the public improvements for Chelsea Commons, it is also expected that development in the study area will be intense enough to pay its share of the costs. • Third, the proposal in the current concept plan relies on a system of private elements, including streets, parking, building design, etc., to serve the project. The adequacy of those elements for typical day-to-day use —and their compliance with basic City of Monticello zoning requirements - must also be addressed. • Fourth, provision of public spaces as a typical dedication requirement of PUD and platting. The site plan anticipates full build-out of the 10 acres, with the location of public space (stormwater and park lands) significantly left for other parcels. The resolution of the contribution of those spaces to the Chelsea Commons plan will need to be resolved as an ongoing aspect of the proposed plan review process. • Last, the level of aesthetics and amenities provided by the development, including those related to site landscaping and building design. B. ALTERNATIVE ACTIONS Any action necessary is subject to the request put forward by the developer/applicant. If the applicant withdraws their applications for the townhome project, no action is required. If the applicant tables their applications for the townhome project, the Commission will need to act to table action on the requests to a specified date. C. STAFF RECOMMENDATION None at this time. 3 Planning Commission Agenda—07/06/21 D. SUPPORTING DATA All supporting data listed below are those submitted for the preliminary plat, development stage PUD and rezoning application for the 94-unit townhome project. Materials for the new concept to be presented for the site are included in the Joint Workshop agenda. A. Aerial Site Image B. Applicant Narrative C. Existing Conditions D. Preliminary Plat— Monticello Business Center 81" Addition E. Preliminary Plat— Monticello Meadow Townhomes F. Preliminary PUD Site Plan G. Lot Tabulations H. Utility Plans I. Grading Plans J. Landscaping Plan K. Architectural Plans L. Clubhouse Floorplan M. Community Association Documents 4 1� C) 'gyp �y 3/1�d 3N�1+SJlV21J w 0 � fJ W V 0 p N m + C7 N F= �J W W C) Q c7 ® ® = FIEL .:RES+TrCIR p u ®® Run > w 1►�3 J'd3 m 0 o 0 0 co ♦ alb Q O O L M o O O �O oo o 0 N 01 O N p U� ' O U O Q) Q o r r O d r — O N N E S st M O U S+ ;• "' V) o SZ N O o w, z a 4.1 c� r wo N p > a o 0 0 T J ENGINEERING _ Cubed SURVEYING PLANNING June 7, 2021 City of Monticello Attn: Angela Schumann 505 Walnut Street, Suite 1 Monticello, MN 55362 RE: Cover Letter-Applications for Rezone,PUD and Preliminary Plat- Monticello Meadow Townhomes Dear Ms. Schumann, Enclosed are applications for the Monticello Meadow Townhomes project. The project will create 94 single family townhome units across 10.73 acres. The area of the project is currently a portion of Outlot C, Monticello Business Center. A plat is proposed which will allow for creation of a new parcel for the development(Monticello Business Center Eighth). This plat would be signed by the current land owner. An optional plat is proposed by the developer which would allow for the townhomes to be sold as individual units based on a Lot and Block legal description for each of the 94 townhome lots along with common elements on Lot 95. The remnant portion of Outlot C will become a new Outlot to be further developed at a later date. The project will need to be approved as part of a Planned Unit Development per City Code Chapter 2.4(0). NOTE:In the Table of Contents the Code Chapter is denoted as "O"but references are to "P"in the text. There is not a section P so reference to Section O or P should be considered interchangeable. Since the property is currently zoned B-4 Business District, a rezone application is also required following Chapter 2.4(B). The property is part of the Chelsea Commons small area plan which depicted residential uses in the area of the project. Adjacent zoning is R-2 to the east on the east side of Edmonson Ave and R-3 to the south on the south side of School Boulevard. Based on the style of building, we have determined that the project would most closely match the R-3 Medium Density Residential District Townhouse (Chapter 3.4(H). Areas of flexibility will be with regards to maximum density and rear yard setbacks where are addressed in the PUD portion of this letter. The townhomes are all two story units. Buildings are combinations of 4, 6 and 8 units per building. All units have a front access along with a rear patio. End units have a main level bedroom. All of the units have a 2 car garage of a minimum 450 square feet with 22 foot drive aprons. The developer intends to rent the units which provide significantly more square footage than conventional rental units. Due to development costs, it is prudent to ensure the units can be individually sold. Therefore the sanitary sewer and water utilities have been designed with individual building services to meet city and state building code requirements. A preliminary plat for the individual lots is included for review comments. A decision on whether to plat the 94 lots will be determined prior to submittal of the final PUD and documents associated to the requisite Development Agreement. 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to Below is a summary of findings following City Code for the applications requested: Chapter 2.4(B) - Zoning Ordinance Text and Zoning Map Amendments 1 -Purpose and Scope - The requested map amendment is subject to the procedures of Section 2.4(P), Planned Unit Development 2 -Initiation of Proceedings - (a) This request is being initiated by the owner of the property on behalf of the developer purchasing the property which is pursuant to Section 2.3(B), Authority to File Applications. 3 -Application - (b) i) Name of applicants) - Baldur Real Estate, LLC - Attn: Peter Stalland. Property Owner- Occelo -Attn: Shawn Weinand ii) Narrative explaining the request and reasons the changes area supported in the Comprehensive Plan - The 10.7 acres parcel depicted is currently zoned B-4 Business District. Adjacent zoning is R-2 to the east on east side of Edmonson Ave and R-3 to the south on the south side of School Boulevard. We have determined that the project would most closely match the R-3 Medium Density Residential District Townhouse (Chapter 3.4(H). The property is part of the Chelsea Commons small area plan which depicted residential uses in the area of the project. iii) Legal description of all property proposed for change - Lot 1, Block I Monticello Business Center Second iv) Existing and Proposed Land Use and Zoning Designations - Current land use if agricultural farm field. Proposed land use is townhome development. Zoning is currently B-4 Business District. Proposed zoning is R-3 Medium Density Residential District Townhouse as part of a PUD with flexibilities described in the PUD application. v) A map of the property to be omitted- A separate map has been omitted as the parcel requesting the change matches the boundary of the improvements depicted on the Preliminary Plat and Site Plan for the PUD. vi) Location of text to be added, amended or deleted in the ordinance -Not applicable City Code Title 11, Chapter 4 and Chapter 2.4(P)(9)(b) - Preliminary Plats) Title 11, Chapter 4 -The City website links to codelibrary.amlegal.com which does not show a Title 11 but does link to Title XV: Land Usage - Chapter 152 Subdivision- 152.040 Preliminary Plat. The items listed are similar to the Preliminary Plat Checklist so we deferred to providing the information listed on the checklist. Chapter 2.4(P)(9)(b) - PUD Procedure - PUD Development Stage, Preliminary Plat& Rezoning i) Initiation of Proceedings - Application is signed by seller and buyer and with within 6 months of the Concept Proposal review ii) Application -All criteria has been met or will be met as outlined in parks Ithru 4 of this section of the Code. iii) Specific PUD Development Stage, Preliminary Plat and Rezoning Submittal Requirements - The 24 items listed are on the face of the plans submitted or within the text of this letter. The PUD Checklist and Preliminary Plat Checklist were followed for both plats and submittals. iv) Review - Procedure of review is noted. No additional comment is required at this time. G-Cubed Inc., 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to Chapter 2.4(P) - Planned Unit Developments 1 thru 6 -Procedural requirements are noted. For Section 5 - PUD Qualifications - This PUD is considered for land in single ownership or control with the caveat that the following circumstance is also a valid qualification considering the Chelsea Commons plan (c) The PUD process is desirable 7 -Expectations of a Development Seeking a Rezoning to PUD - PUD is designed to allow flexibility from the application of standard zoning regulations to achieve a variety of public values that will be identified for each specific PUS project. The following are components the Monticello Meadow Townhomes provide the City which warrants adoption of the PUD. a) Ensure high quality construction standards and use of high quality construction materials. - The units being created are intended to be rental units that are higher quality than what is generally associated with rental properties. The units and facilities will incorporate stylish and durable finishes. A list of the products is noted in the architectural exhibits attached to the application. b) Promote a variety of housing styles... - The units provide points of entry in the front as well as rear of the buildings to access private patios. The units have flexibility in the interior layout to have 2 and 3 bedroom units to serve different demographics. End units are provided with main floor bedrooms that provide zero entry living in situations of handicap or for aging residents that wish to avoid stairs whenever possible. Roof pitches are 5:12 for the highest main roof and vary at lower elevations to provide varying roof lines. c) Eliminate repetition of similar housing types... - The buildings are generally in a grid pattern but have slight twists to reduce the repetition that sight lines of similar planned developments. The end units with their main level bedrooms provide a structural component that breaks up the buildings and repetition of patios in the rear yards. d) Promote aesthetically pleasing design within the neighborhood and appears attractive and inviting from surrounding parcels - The buildings incorporate components to create a pleasing building. The layout provides contrast from the right of way and adjoining properties which can be landscaped to further accentuate the architecture and greenspace provided around and in between the buildings. The main entrance and community building will be the focal point as one enters the site by vehicle. e) Incorporate extensive landscaping and site amenities in excess of what is required by code- The inclusion of the community building and attached amenities like the pavilion/gazebo area sets this project apart from other developments. The community building is 4000 sq ft including not only the management office but the mail room, conference room, fitness room, party room, men's and women's bathrooms with showers, a fireplace room with seating and tables for games and residence office space to get away and work in private. This building is attached to an outdoor feature with an outdoor fireplace and grill. All of this is centrally located for resident's enjoyment. All of the site will be landscaped in excess of the minimum standards with plantings and structural features that provide undulation in an otherwise flat landscape. f) Provide high-quality park, open space, and trail opportunities that exceed the expectations established in the Comprehensive Plan. In concert with the Chelsea Commons plan, the site will provide a trail connection along its southerly edge and connections to the trails on the plan to the north and west. The sidewalk required along Edmonson Ave is proposed to meander in and out of the right of way(easement to be provided). This provides a higher quality pedestrian walkway system. G-Cubed Inc., 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to g) Provide access to a convenient and efficient multi-modal transportation system to service the daily needs of residents at peak and non peak use levels, with high connectivity to the larger community. This component is not clearly defined at this time as rooftops like the ones proposed by this project are required to get the commercial uses that are proposed elsewhere in the Chelsea Commons plan. h) Promote development that is designed to reduce initial infrastructure costs and long-term maintenance and operation costs - The layout is an efficient use of the sewer and water mains required to serve the units. The infrastructure is within private property so the costs for municipal maintenance are minimal over the life of the utilities. i) Where applicable, maximize the use of ecologically based approaches to stormwater management, restore or enhance on-site ecological systems, and protect off-site ecological systems including Low Impact Development practices. - The site and surrounding lands are currently fields without any trees or ecologically sensitive or desirable features. The soil borings were consistent in showing 1.5 feet of topsoil over sand. The stormwater design is for the Water Quality Volume to be allowed to infiltrate in shallow basins around the buildings with any excess runoff being collected and conveyed via pipe to a basin under the power lines to the south. When the lake project becomes a reality, this piped water can be routed to the lake and the basin can be modified to provide the stormwater treatment for the property located south of the powerlines which currently has a temporary basin within its limits which is likely to be filled to allow for a more efficient development of that property. j) Facilitate a complementary mix of lifecycle housing - The units have a mix with end units with main floor bedrooms and two and three bedroom options on the second level. The majority of the units will have 3 bedrooms that are highly sought by families of all ages. k) Preserve and protect important ecological areas identified on the City's natural resource inventory -Not applicable as there are no areas to be protected within the project limits. 1) Accommodate higher development intensity in areas where infrastructure and other systems are capable of providing appropriate levels of public services, and required lower intensity in areas where such services are inadequate, or where natural features require protection and/or preservation - The project is requesting flexibility to allow for a higher density which is warranted based on the availability of the public services. 8 - Areas of Flexibility a) The City may consider an increase in the density or intensity of the project, along with related reductions in lot width and size if the PUD provides substantially more site amenities and public values, as outlined in Section 24(P)(7), than could be achieved in a conventional development for the applicable land use zone. The applicant is requesting an increase in the density from 7.0 units/acre to 8.8 units per acre. The townhouse buildings provide more bedrooms and amenities than multifamily buildings also allowable within the R-3 district and with allowable densities up to 12 units per acre. The townhouse style provides more square footage and more bedroom options along with more privacy than multifamily buildings could provide. This is a product that is not adequately provided within the City. The project will include a clubhouse with multiple amenities for residents. In addition to the management office in the clubhouse, there are rooms for private parties, fitness programs and other events that build on the community connections. The site also provided pedestrian connectivity to Edmonson Ave as well as the planned pathways and parkland areas proposed with the Chelsea Common small area plan. G-Cubed Inc., 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to b) The City may consider flexibility with regard to land uses, setbacks, lot size, width, depth among other zoning standards when reviewing a PUD rezoning request. Specifications and standards for lots shall be at the discretion of City Council, and shall encourage a desirable living or working environment which assists in achieving the goals set out for PUDs. Following the setbacks listed in Table 3-8 for R-3 Development Standards, the buildings adhere to all setbacks except in eight locations where the end units with main floor bedrooms are located and extend beyond the recommended 30 foot rear wall setback to the property line. The applicant is requesting flexibility on these particular setbacks for the following reasons. Five of the setback deviations are along the right of way for Edmonson Ave. The buildings along the right of way were rotated to ensure a "tunnel"view wasn't created. The additional bedroom that extends into the general setback further break up the building lines. Two of the setbacks are over 25 feet, one is over 18 feet and the other two are 14 feet. The closest walls are still 45 feet from the new curb that would be placed on the west side of Edmonson Ave that will be widened as part of this project. The other setback deviations are on the west side of the site and would look over the proposed lake feature. Those three setbacks are also just the main floor bedrooms. All other units are in excess of 30 feet from the west property line. In all situations, the architectural components of the building add to the character of the building without infringing on any buffer yards or utilities. c) The City may consider flexibility in the phasing of a PUD development. No additional flexibility in Phasing is considered at this time. The intent is to start construction upon approvals and continue to build based on market need until the project is built out. R-3 Townhouse Max Density=7 units per gross area Proposing 8.8 units per gross area with flexibility based on Minimum Provided Base Lot Area 20,000 sq ft 467545 sq ft(10.73 acres) Net lot area per du 4500 sq ft(max) 4974 sq ft Front Setback 30 feet Not applicable -private street Corner side setback 25 feet Not applicable -no corner lots Interior side setback 20 feet 15' to 40' Rear setback to building 30 feet 13' to 75' Clear open space from R/W 25 feet 14' to 73' Clear open space from P/L 10 feet 13' to 75' Buffer Req. to Single Family B buffer Not Applicable Common open space per du NA Landscaping 16 ACl/acre+2 shrubs per 10 ft bulding perimeter- provided Parking Requirements 2.5 spaces/du 4+ spaces provided-2 enclosed Architecture 20% street coverage Roofs 5:12 pitch 5:12 on main, varies Unit Square Feet 1000 sq ft finished >1000 sq ft average Garages Attached Compliant Garage Setback 30 feet from ROW Compliant Garage Doors Max. 16' wide to street Compliant Landscaping Special features Community building, etc. Open Space NA Community building, etc. Parking NA Additional parking is provide G-Cubed Inc., 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to Building Materials See Architectural Architecture See Architectural Site Work See Landscape plan Housing for Seniors NA End units do have main floor bedrooms If you any questions or comments, feel free to call. Thank you, Mark R. Welch, PE Enclosures: I - Land Use Application- For Rezone, PUD and Preliminary Plat 2 - PUD and Preliminary Plat Checklists 3 - Geotechnical Report- Chosen Valley Testing 4 - Title Commitment - Outlot C, Monticello Business Center 5 - Preliminary Plat for Monticello Business Center Eighth 6 - Preliminary Plat for Monticello Meadow Townhomes 7 - Preliminary PUD Site Plan for Monticello Meadow Townhomes 8 - Preliminary Architectural Renditions for Townhomes and Clubhouse 9 - Preliminary Construction Plans for Public and Private Utilities 10 - Preliminary Grading Plan for Monticello Meadow Townhomes 11 - Preliminary Drainage Report for Monticello Meadow Townhomes 12 - Preliminary Landscape Plan Cc: Monticello Meadow Townhomes, LLC, Attn: Peter Stalland-buyer/developer Ocello LLC, Attn: Shawn Weinand- Outlot C property owner/seller G-Cubed Inc., 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to ENGINEERING _ Cubed SURVEYING PLANNING June 18, 2021 City of Monticello Attn: Angela Schumann 505 Walnut Street, Suite I Monticello, MN 55362 RE: Additional information for PUD and Preliminary Plat- Monticello Meadow Townhomes Dear Ms. Schumann, We have compiled the additional information you requested in your June 11 th letter. Following the bullet points in that letter: • An existing conditions map has been created and is attached as exhibit 13 - Existing Conditions Map • A Lot Tabulation spreadsheet was created and is attached as exhibit 14 -Lot Tabulations. • At this juncture, there is not a photometric lighting plan. We did however add potential onsite light poles that are identified on the legend. One is located at the drive entrance in line with Farmstead Drive. Four others are located where offstreet parking is proposed, one each at the north and south parking locations and one on either end of the parking at the community building. There will be additional wall mounted lighting but all lighting will be compliant with lighting standards in Section 4.4 Exterior Lighting. We are not proposing street lighting along Edmonson. If that is a request or requirement of the City, Please let us know. • The community building will have a location within it for trash. No exterior dumpsters will be required. An update to the community building footprint with labeling of the rooms is attached. Note we flipped the building in the site plan to orient the side doors away from residents patios. • The sidewalks and trails have been labeled for widths on exhibit 7 - Prelim PUD Site Plan -Monticello Meadow Townhomes 6-16-2021.pd£ The concrete sidewalk along Edmonson is 6 feet, the concrete sidewalks inside the site will be 5 feet and bituminous trails are planned at 10 feet width. • Attached are 15a- Community Rules for Apartments - Draft version.pdf for rental rules and 15B - HOA Declaration- Draft version.pdf for for sale private covenants and restriction. • Owner and applicant were sending in the signed original of the application. There are minor items that we cleaned up since the original submittal. One being a second easement for the power line was depicted incorrectly. It does not impact the townhome site but has less impact on the remnant property. We were also able to add more details to the Construction and Grading plans. New and updated exhibits are listed below. 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to If you any questions or comments, feel free to call. Thank you, Mark R. Welch, PE Enclosures: 5 - Preliminary Plat for Monticello Business Center Eighth 6-14-2021 6 - Preliminary Plat for Monticello Meadow Townhomes 6-18-2021 7 - Preliminary PUD Site Plan for Monticello Meadow Townhomes 6-18-2021 813- Preliminary Clubhouse floorplan 9 - Preliminary Construction Plans for Public and Private Utilities 6-17-2021 10 - Preliminary Grading Plan for Monticello Meadow Townhomes 6-18-2021 13 - Existing Conditions Map 14 - Lot Tabulations 15A- Community Rules for Apartments - Draft version 15B - HOA Declaration -Draft Version Cc: Monticello Meadow Townhomes, LLC, Attn: Peter Stalland-buyer/developer Ocello LLC, Attn: Shawn Weinand- Outlot C property owner/seller G-Cubed Inc., 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦ Fax 507-867-1665 ♦ www.ggg.to I � w € a ag w x" a N N Knb WSz. rc is g O §§W. 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J j � z 2 �n w¢ � cc a z V O z Z w Q F— LU O m Q p co Z Q 0 cr LU V ¢O < > °' co J V , CC ~ LLI mm •Q w W S}Ft. y 1Nt, 0 0 Q J V - 0 W O S3NOH NMOl 0730UNON L' � U-) v) Z 0 Q a_ w U) Z) 0 o m w z J o w U U- w _ } O °Ic-n a z a w w w U LL L Uo wb-j Lj _ _ ww F O ct� ❑ n rn, . t!; O' z u�C7J u r ___ N Q ` `___� Q N O Q lv�\J IL Li w n m O of Ua C7 � 0 0 X X Q w w ) i 0 z J IL w j o Or = u w m- J M UM COMMUNITY RULES FOR MONTICELLO MEADOW TOWNHOMES ADRESS Office: PHONE NUMBER Web: WEBSITE THE TERMS OF THIS ADDENDUM SHALL ALSO APPLY TO THE RESIDENT(S) OCCUPANTS, AGENTS AND INVITEES. 1. FITNESS CENTER. When using the fitness center, Resident agrees to the following: • Residents and guests will adhere to the rules and regulations posted in the fitness center and Management policies. • The Fitness Center is not supervised. Resident(s) are solely responsible for their own use of equipment. • Resident(s) will keep Fitness Center locked at all times during Resident's visit to the Fitness Center. • Resident(s) will not admit any person to the Fitness Center who has not registered with the Management office. • Resident(s) must accompany guests, and no glass, smoking, eating, alcoholic beverages, pets, or black sole shoes are permitted in the Fitness Center. • Resident(s) shall observe quiet hours between 10:00 pm and 6:00 am during which time music or television noise will not be permitted in the fitness center. • The fitness center will be available for use 24 hours a day, 7 days a week unless otherwise communicated by Management. II. PACKAGE RELEASE. This Community does accept packages on behalf of Residents. Resident(s) gives Owner permission to sign and accept any parcels or letters sent to Resident(s) through UPS, Federal Express, Airborne, United States Postal Service or the like. Resident agrees that Owner does not accept responsibility or liability for any lost, damaged, or unordered deliveries, and agrees to hold Owner harmless for the same. III. AUTOMOBILES/BOATS/RECREATIONAL VEHICLES. • Only 2 (two)vehicles per apartment unit are allowed. • All vehicles must be registered at the Management office. • Any vehicle(s) not registered, considered abandoned, or violating the Lease, this Addendum, or the Community Rules, in the sole judgment of Management, will be towed at the vehicle owner's expense after a 12 twelve hour notice is placed on the vehicle. • Notwithstanding this, any vehicle illegally parked in a fire lane, designated no parking space or handicapped space, or blocking an entrance, exit, driveway, dumpster, or parked illegally in a designated parking space, will immediately be towed, without notice, at the vehicle owner's expense. • The washing of vehicles is not permitted on the property unless specifically allowed in designated area. • No repairs and/or maintenance of any vehicle are allowed at anytime unless prior written authorization is obtained from Management. • No recreational vehicles or boats are allowed in the underground garage or above ground parking areas at any time. Small recreational vehicles and boats are allowed inside the outside garages provided that they fit properly inside the rental garage space. IV. FIRE HAZARDS. In order to minimize fire hazards and comply with city ordinances, Resident shall comply with the following: • No person shall knowingly maintain a fire hazard. • Grills, Barbeques, and any other outdoor cooking or open flame devices are not allowed. • Flammable or combustible liquids and fuels shall not be used or stored in the units, near exits, stairways, breezeways, or areas normally used for the ingress and egress of people. • No person shall block or obstruct any exit, aisle, passageway, hallway or stairway leading to or from any structure. • Resident(s) are solely responsible for fines or penalties caused by their actions in violation of local fire prevention codes. V. DRAPES AND SHADES. Drapes or shades installed by Resident, when allowed, must be lined in white and present a uniform exterior appearance. VI. WATER BEDS. Resident shall not have water beds or other water furniture in the dwelling without prior written permission of Owner. VII. BALCONY or PATIO. Balconies and patios shall be kept neat and clean at all times. No rugs, towels, laundry, clothing, appliances or other items shall be stored, hung or draped on railings or other portions of balconies or patios. Vill. SIGNS. Resident shall not display and signs, exterior lights or markings on dwelling. No awnings or other projections shall be attached to the outside of the building of which dwelling is a part. IX. SATELLITE DISHES/ANTENNAS. No satellite dishes are allowed. I have read, understand and agree to comply with the preceding provisions. Resident Date Resident Date Owners Representative Date MONTICELLO MEADOW TOWNHOMES RULES INSERT ADRESS WEBSITE PHONE NUMBER TENANT: APT: DATE: THESE RULES APPLY TO ALL TENANTS,THE MEMBERS OF THEIR HOUSEHOLD, GUESTS,VISITORS AGENTS AND INVITEES AT ALL TIMES OFFICE HOURS: 1. Office hours in Building No. 3 (13890 McKenna Road NW) will be Tuesday-Friday 9am to 6pm; Saturday 10am to 5pm; and Sunday noon to 4pm.The management office will move from Building No. 3 to Building No. 2 (13854 McKenna Road NW) when the building is completed which is anticipated to be in April 2019. The management offices are located in the lobbies next to the front entrances of the buildings. FITNESS CENTER: 1. Tenant will adhere to the rules posted in the fitness center and Management policies. 2. The Fitness Center is not supervised. Tenant is solely responsible for their own use of the equipment. 3. Tenant shall keep the Fitness Center locked at all times during Tenant's use. 4. Tenant is required to be with their guests at all times in the Fitness Center. 5. No glass, food, smoking, eating, alcoholic beverages, drugs, and/or pets are allowed in the Fitness Center. 6. Tenant shall observe quiet hours between 10:00pm and 6:00am every day during which time music or TV noise will not be permitted. 7. The Fitness Center will be available for use 24 hours a day, 7 days a week unless otherwise communicated by Management. 8. During the COVID crisis, management may set temporary rules limiting hours, number of occupants in the fitness room at any given time, and any other necessary requirements to maintain the health and well being of the residents. RECEIVING PACKAGES: 1. Management will accept packages for the Tenant during normal office hours in Building No. 3. Any deliveries at times other than normal business hours will be the responsibility of the Tenant. When Building No. 2 is completed, there will be a Luxor package system installed in the lobby which will be available to Tenants at all hours of the day/night. VEHICLES: 1. Only two (2)vehicles per apartment unit are allowed. 2. All vehicles must be registered at the Management office. 3. Any vehicles not registered, considered abandoned, or violating any terms of the Tenant's lease, community rules, or management policies will be towed at the owner's expense after a 12 hour notice is placed on the vehicle. 4. Any vehicle that is illegally parked in a fire lane, no parking/handicapped space, or blocking an entrance, exit, driveway, or dumpster will be towed immediately without notice at the owner' expense. 5. No vehicle maintenance, washing, or repair is allowed on the premises at any time. 6. No recreational vehicles or boats are allowed in the underground garage or above ground parking areas at any time. Small recreational vehicles and boat are allowed inside the outside garages provided they fit properly inside the garage. FIRE HAZARDS: 1. No person shall knowingly maintain a fire hazard. 2. Grills, barbeques, and any other outdoor cooking or open flame devices are not allowed. 3. Flammable or combustible liquids and fuels shall not be used or stored anywhere on the premises. DRAPES/SHADES: 1. Drapes or shades must be approved by management prior to installation. WATER BEDS: 1. Water beds or other water furniture are not allowed. BALCONY: 1. Balconies shall be kept neat and clean at all times. No rugs, towels, laundry, clothing or other items shall be stored, hung or draped on the railings or other areas of the balconies. SIGNS: 1. Tenant shall not display any signs, exterior lights, or markings on the building. SATELLITE DISHES: 1. No satellite dishes or antennas are allowed. SMOKE FREE POLICY: 1. No smoking is allowed at any time anywhere on the premises, either inside or outside of any of the buildings in the development. Tenant understands this policy applies to Tenant, its household members, guests, and visitors and that a violation of this policy by Tenant, its household members,guests, or visitors who come to visit Tenant will be grounds for termination of Tenant's lease. PEST TREATMENT: 1. Tenant is responsible for notifying Management immediately upon discovering evidence of any insect infestation in Tenant's apartment unit. This includes, but is not limited to, bed bugs which can be present in Tenant's clothing, furniture, personal property, or anywhere in the apartment unit. 2. In the event of a possible infestation in Tenant's unit, Tenant agrees to allow Management to access Tenant's apartment at reasonable times to inspect, treat, and eliminate the pest. Management may require Tenant to pay for some or all of the expense of the pest eradication depending upon the circumstances of the infestation. This decision is solely in Management's discretion. 3. If Tenant fails to notify or cooperate with Management in regard to this problem, Management has the right to terminate Tenant's lease and obtain immediate possession of Tenant's apartment. 4. Under no circumstances should Tenant attempt to eradicate a pest problem. It is Tenant's responsibility to notify Management and allow Management to determine and implement the best pest control method to solve the problem. MAINTENANCE: 1.Tenant is not responsible for maintaining and/or changing the furnace filters that are located in the closet outside of the unit on the deck. Management will notify the Tenant at certain times during the year when Management will need to enter Tenant's unit and change, clean, and/or maintain the furnace. STORAGE: 1.Storage of any of Tenant's personal items is allowable only in designated leased storage rooms or outside garages. Tenant shall not store any items in the underground garage stall (other than Tenant's vehicle) or in the outside parking stall. I HAVE READ, UNDERSTAND,AND AGREE TO THE ABOVE WRITTEN RULES TENANT: DATE: TENANT: DATE: RECEIVED BY MANAGEMENT: By DATE: COMMON INTEREST COMMUNITY NUMBER A Planned Community Monticello Meadow Townhomes DECLARATION This Declaration is made in the County of Olmsted, State of Minnesota, on this day of . 2021 by MONTICELLO MEADOW TOWNHOMES,LLC, a Minnesota limited liability company,hereinafter referred to as "Declarant",pursuant to the Provisions of Minnesota Statutes Chapter 515B,known as the Minnesota Common Interest Ownership Act(the "Act"), for the purpose of creating Monticello Meadow Townhomes, a Planned Community. WHEREAS, Declarant is the owner of certain real property located in WRIGHTCounty, Minnesota, legally described as: Lots 1 —94, Block 1, MONTICELLO MEADOW TOWNHOMES COMMON INTEREST COMMUNITY NUMBER , according to the recorded plat thereof, Wright County, State of Minnesota. and Declarant desires to submit said real property and all improvements thereon (collectively the "Property")to the Act, and, WHEREAS,Declarant desires to establish on the Property,a plan for a permanent residential community to be owned, occupied and operated for the use,health, safety and welfare of its resident Owners and Occupants,and for the purpose of preserving the value,the structural quality, and original architectural and aesthetic character, of the Property, and, WHEREAS,the Property is not subject to a master association as defined in the Act. WHEREAS,the Property is subject to the provisions of the City of Monticello Planned Unit Development for Monticello Meadow Townhomes. 1 WHEREAS, the Property does not include any shoreland as defined in M.S., sec. 103F.205. THEREFORE,Declarant makes the Declaration and submits the Property to the Act as a planned community under the name of MONTICELLO MEADOW TOWNHOMES COMMON INTEREST COMMUNITY NUMBER , initially consisting of the 94 Units, as referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the Property, and that the Property shall be owned,used, occupied and conveyed subject to the covenants,restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right,title or interest therein, and their heirs,personal representatives, successors and assigns. Wherever the provisions of this Declaration contradict or conflict with the provisions of Monticello City Code,City Code shall govern. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Association" shall mean Monticello Meadow Townhomes Homeowners Association, Inc., a nonprofit corporation which has been created pursuant to Chapter 317A of the laws of the State of Minnesota and Minnesota Statues Section 51513.3-101,whose members consist of all Owners as defined herein. 1.2 'Board" shall mean the Board of Directors of the Association as provided for in the By Laws. 1.3 "By Laws" shall mean the By Laws governing the operation of the Association, as amended from time to time. 1.4 "Common Elements" shall mean all parts of the Property except the Units, including all improvements thereon, owned by the Association for the common benefit of all the Owners and Occupants. The Common Elements are legally described in Exhibit B attached hereto. 2 1.5 "Common Expenses" shall mean and included all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration. 1.6 "Dwelling" means a building constructed for the purpose of habitation; but does not include appurtenant recreational facilities, detached garages, driveways, walkways, patios, boundary walls, retaining walls not necessary for the structural stability of the dwelling, landscaping, fences, nonpermanent construction materials, off-site improvements, and all other similar items. 1.7 'Eligible Mortgagee" shall mean any Person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit,and which has requested the Association, in writing,to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.8 "Governing Documents" shall mean this Declaration, and the Articles of Organization and By Laws, as amended from time to time, all of which shall govern the use and operation of the Property. 1.9 "Member" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and"Member"may be used interchangeably in the Governing Documents. 1.10 "Occupant" shall mean any person or persons,other than the Owner, in possession of or residing in a Unit. 1.11 "Owner" shall mean a person who owns a Unit,but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of Section 515B.1-103(29)of the Act. The term"Owner" includes, without limitation,contract for deed vendees and holders of a life estate. 3 1.12 "Party Wall" shall mean the shared wall between two Dwellings. 1.13 "Person" shall mean a natural individual, corporation, limited liability company,partnership, trustee,other or legal entity capable of holding title to real property. 1.14 "Plat" shall mean the recorded plat depicting the Property pursuant to the requirements of Section 51513.2-110(d)of the Act, and satisfying the requirements of Minnesota Statues Chapter 505, 508, or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 1.15 "Property' shall mean all of the real property submitted to this Declaration, including the Dwellings and all other structures and improvements located thereon now or in the future. The Property as of the date of this Declaration is legally described in Exhibit A attached hereto. 1.16 "Rules and Regulations" shall mean the Rules and Regulations of the association as approved from time to time pursuant to Section 5.6. 1.17 "Unit" shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including any amended or supplemental Plat recorded from time to time in accordance with the Act and including all improvements thereon,but excluding the Common Elements. Any term used in the Governing Documents, and defined in the Act and not in this Section, shall have the meaning set forth in the Act. SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES 2.1 Units. There are currently 94 Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. The Unit identifiers and locations of the Units are shown on the Plat,which is incorporated herein by reference, and schedule of Units is set forth on 4 Exhibit A. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name. 2.2 Unit Boundaries. The front,rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.2 all spaces, walls, and other improvements within the boundaries of a Unit are a part of the Unit. 2.3 Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on or across the Common Elements as shown on the Plat, subj ect to any restrictions set forth in the Declaration. 2.4 Use and Enjoyment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, subject to any restrictions authorized by the Declaration. 2.5 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance,repair and replacement as described in Section 13. 2.6 Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of the appurtenant easements for encroachments as described in Section 13. 2.7 Declarant's Easements. Declarant shall have and be the beneficiary of easements for construction and sales activities as described in Section 15.6. 2.8 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 2.9 Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall be appurtenant thereto,and shall be permanent, subject only to termination in accordance with the Act or the terms of the easement. Any recorded easement benefiting or 5 burdening the Property shall be construed in a manner consistent with, and not in conflict with,the easements created by this Declaration. 2.10 Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property; subject to the Declaration and the right of the Association to impose reasonable Rules and Regulations governing the use of the Property. SECTION 3 COMMON ELEMENTS 3.1 Common Elements. The Common Elements and their characteristics are as follows: a. Lot 95, MONTICELLO MEADOW TOWNHOMES COMMON INTEREST COMMUNITY NUMBER , according to the recorded plat thereof,WrightCounty, State of Minnesota constitutes Common Elements. The Common Elements include those parts of the Property designated as Common Elements on the Plat or in the Act. The Common Elements are owned by the Association for the benefit of the Owners and Occupants. b. The Common Elements shall be subject to appurtenant easements for services,public and private utilities, access,use and enjoyment in favor of each Unit and its Owners and Occupants, including,but not limited to the right of the Association to establish reasonable Rules and Regulations governing the use of the Property; C. Subject to Sections 5, 6, and 9, all maintenance,repair,replacement,management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance,repair,replacement,management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Section 6. e. The City will not accept the dedication of any private street unless it is brought into 6 conformance with City street standards at the expense of the property owners. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association, and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. 4.2 Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Common Expenses shall be permitted as provide in Section 6.1. 4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. 4.4 Authority to Vote. The Owner or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner,may cast the vote allocated to such Unit at meetings of the Association;provided, that if there are multiple Owners of a Unit, only the Owner or his designated Person may cast such vote. 7 SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including by not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Documents and the Act,be responsible for the operation,management and control of the Property. The Association shall have all powers described in the Governing Documents, the Act and the statute under which it is incorporated. All power and authority of the Association shall be vested in the board,unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. 5.2 Operational Purposes. The Association shall operate and manage the Property for the purposes of(1) administering and enforcing the covenants,restrictions, easements,charges and liens set forth in the Governing Documents and the Rules and Regulations (ii)maintaining,repairing and replacing those portions of the Property for which it is responsible and(iii)preserving the value and architectural uniformity and character of the property. 5.3 Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees,guests,heirs,personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4 By Laws. The Association shall have By Laws and any amendments thereto shall govern the operation and administration of the Association. 5.5 Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing documents and the Act; 8 provided,however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 5.6 Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets: Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for Common Expenses shall be determined and assessed against the Units by the Board,in its discretion; subject to the limitations set forth in Sections 6.2 and 6.3, and the requirements of the By Laws. Assessments for Common Expenses shall include annual assessments and may include special assessments. Expense allocations are set forth in Section 4.2, subject to the following qualifications: a. Any Common Expense or portion thereof benefiting fewer than all of the Units may be assessed exclusively against the Units benefited,on the basis of(equality, (ii)square footage of the area being maintained,repaired or replaced, or(iii)the actual cost incurred with respect to each Unit. b. Reasonable attorney fees and other costs incurred by the Association in connection with(i) the collection of assessments and(ii)the enforcement of the Governing Documents,the 9 Act,or the Rules and Regulations, against an Owner or Occupant or their guests,may be assessed against the Owner's Unit. C. Fees, charges,late charges, fines and interest may be assessed as provided in Section 515B.3-116(a) of the Act. d. Assessments levied under Section 51513.3-116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportions to their Common Expense liabilities. e If any damage to the Common Elements or another Unit is caused by the act or omission of any owner or Occupant, or their guest,the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. f. If any installment of an assessment becomes more than 30 days past due,then the Association may,upon 10 days written notice of the Owner, declare the entire amount of the assessment immediately due and payable in full. g If Common Expense liabilities are reallocated for any purpose authorized by the Act, Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. h Assessments under Subsections 6.1a-g shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Annual assessments shall be established and levied by the Board, subject only to the limitations set forth in Section 6.2 and 6.3. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve fund sufficient to cover the periodic cost of maintenance,repair and replacement of the Common Elements and those parts of the Units for which the Association is responsible. 10 a. Until a Common expense assessment is levied-Declarant shall pay all accrued expenses of the common interest community. b. After a Common Expenses assessment is levied,the annual assessment may be subsequently increased by the Board, subject to Section 6.2.c. C. Until the termination of the period of Declarant control described in Section 15.6,the increase in the annual assessment for any year shall not exceed the greater of(i)the increase in the U.S. Department of Labor Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for All Items for the prior year, or(ii) 5%of the total annual assessment for the Association's previous fiscal year,unless such increase is approved by the vote of a majority of those Owners voting in person or by proxy, at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. 6.3 Special Assessments. In Addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part(i)the cost of any foreseen or unbudgeted Common Expense (ii) general or specific reserves for maintenance,repair or replacement, and(iii)the maintenance,repair or replacement or any part of the Common Elements, and any fixtures or other property related thereto. Notwithstanding the foregoing, any special assessment shall be subject to approval by the vote of majority of those Owners voting, in person or by proxy, at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. 6.4 Liability of Owners for Assessments. The obligation of any Owner to pay assessments shall commence at the later of(i)the recording of the Declaration or amendment thereto which creates the Owner's Unit, or(ii)the time at which the Owner acquires title to the Unit, subject to the alternative assessment program described in section 6.6. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is 11 absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off,by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit,by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents,or for their failure to fulfill any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 16. In addition to any remedies provided elsewhere in the Governing documents or by law, for the purpose of enforcing its rights hereunder. 6.5 Declarant's Alternative Assessment Program. Notwithstanding anything to the contrary in this Section 6, if a Common Expense assessment has been levied, any Unit owned by Declarant for initial sale may, at the Declarant's election,be assessed at the rate of 25%of the assessment levied on other Units of the same type until a certificate of occupancy has been issued with respect to such Unit by the municipality in which the Unit is located. This reduced assessment shall apply to each Unit owned by Declarant at the time that the Unit is created, and shall continue until the issuance of the certificate of occupancy as previously described. There are no assurances that this alternative assessment program will have no effect on the level of services for items set forth in the Association's budget. 6.6 Assessment Lien. The Association has a lien on a Unit for any assessment levied against that Unit from the time the assessment becomes due. If an assessment payable in installments,the full amount of the assessment is a lien from the time the first installment thereof becomes due. Fees,charges, late charges, fines and interest charges imposed by the Association pursuant to Section 515B.2-102(a)(10), (11)and(12)of the Act are liens, and are enforceable as assessments,under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 6.7 Foreclosure of Lien: Remedies. A lien for Common Expenses may be foreclosed against a Unit under the laws of the State of Minnesota(i)by action,or(ii)by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire,hold, lease,mortgage and convey any Unit so acquired. The Owner and any other Persons claiming an interest in the Unit,by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the 12 foreclosure. The Association shall, in addition,have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Unit. 6.8 Lien Priority: Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except(i)liens and encumbrances recorded before the Declaration, (ii)any first mortgage on the Unit, and(iii)liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if a first mortgage on a Unit is foreclosed,the first mortgage was recorded on or after June 1, 1994, and no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, or 582,then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to Sections 515133-115(a), (h)(1)to (3), (i),and(1)of the Act which became due,without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. 6.9 Voluntary Conveyances: Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer,unless expressly assumed by the buyer. The lien of such assessments,however, shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year,which statement shall be binding on the Association, seller and buyer. The Association reserves the right to charge a reasonable fee in accordance of Section 515133- 102(12)of the Act for providing said statements. SECTION 7 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties,by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit,covenant and agrees that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents,the occupancy,use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 13 7.1 General. The Property shall be owned, conveyed, encumbered,leased,used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an Interest in the Property,their heirs,personal representatives, successors and assigns. 7.2 Subdivision Prohibited. No Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units and without approval of the City of Monticello through the platting process. 7.3 Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient,hotel, commercial, business or other non-residential purposes, except as provided in Section 7.4. Any lease of a Unit(except for occupancy by guests with the consent of the Owner) for a period of less than 30 days,or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.4 Business Use Restricted. No business,trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted,maintained or permitted in any Unit or the Common Elements; except(1)an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom,provided that such uses are incidental to the residential use,do no involve physical alteration of the unit and do not involve any observable business activity such as signs, advertising displays,bulk mailings, deliveries, or visitation or use of the Unit by customers or employees and(ii)the Association may maintain offices on the Property for management and related purposes. 7.5 Leasing. Leasing of Units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions: (1)that no Unit shall be leased for transient or hotel 14 purposes, (ii) that no Unit may be subleased, (iii)that all leases shall be in writing, and(iv)that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents,the Rules and Regulations and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. 7.6 Parking. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Association. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Associations to tow illegally parked vehicles or to remove unauthorized personal property. Parking of motor vehicles on the private street and Owners' driveways shall be permitted occasionally as temporary parking for service vehicles and/or guest parking. Owners shall park motor vehicles within their enclosed garages. 7.7 Animals. No animal may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. However,the Board shall have the exclusive authority to prohibit, or to allow and regulate,by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. 7.8 Quiet Enjoyment: Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance,nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 7.9 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws,nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant 15 7.10 Alterations. Except for those made by Declarant in consideration of its initial sale of a Unit, no alternations, changes,improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise(collectively referred to as "alterations")shall be made,or caused or allowed to be made,by any Owner or Occupant, or their guests in any part of the Common Elements, or in any part of the Unit which affects the Common Elements or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by it, as provided in Section 8. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 7.11 Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.12 Access to Units. All Units are subject to entry for maintenance purposes under Section 9 and for enforcement purposes under Section 14. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restriction on Alterations. The following restrictions and requirements shall apply to alterations on the Property: a. Except as expressly provided in this Section 8, and except for alterations made by Declarant in consideration of its initial sale of a Unit,no structure,building, addition, deck,patio, fence,wall, enclosure,window, exterior door, sign, display, decoration, color change, shrubbery, antenna, satellite communication devices,material topographical or landscaping change,nor any other exterior improvements to or alteration of any Dwelling 16 or any other part of a Unit which is visible from the exterior of the Unit(collectively referred to as "alterations"), shall be commenced, erected or maintained in a Unit,unless and until the plans and specifications showing the nature,kind, shape,height,color, materials and locations of the alterations shall have been approved in writing by the Board of Directors or a committee appointed by it.For the purposes of this section,the term "structure"includes,but is not limited to, any kind of fence including invisible fence. Notwithstanding the foregoing,Declarant's written consent shall also be required for alterations until Declarant no longer owns any unsold Unit and has no further ownership rights in the Property. b. The criteria for approval shall include and require, at a minimum, (i)substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii)comparable or better quality of materials as used in existing improvements, (iii)ease of maintenance and repair, (iv)adequate protection of the Property,the Association, Owners and Occupants from liability and liens arising out of the proposed alteration, and(v)compliance with governmental laws, codes and regulations. C. Alterations described in Section 16 shall be governed by that Section. 8.2 Review Procedures. The following procedures shall govern requests for alterations under this Section: a. Detailed plans, specifications and related information regarding any proposed alteration in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty(60)days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The Board of Directors shall give the Owner written notice of approval or disapproval. If the Board of Directors fails to approve or disapprove within sixty(60)days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have 17 been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. 8.3 Remedies for Violations. The Association may undertake any measures, legal or administrative,to enforce compliance with this Section and shall be entitled to recover from the Owner causing or permitting the violation all attorney's fees and costs of enforcement,whether or not a legal action is started. Such attorneys fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner. In addition,the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit. SECTION 9 MAINTENANCE 9.1 Maintenance by Association. The Association shall provide for all maintenance,repair or replacement(collectively referred to as "maintenance")of the Common Elements as well as any portion of the Units lying outside of the landscaping improvements initially provided or as later installed as part of any alterations made pursuant to Article 8 above (this"maintenance shall be limited in scope to covering only lawn mowing and weed control over those portions of property sodded/seeded with grass; maintenance as needed on installed sprinkler systems; and snow/ice removal on public roads and walkways as needed. The Association shall have no obligation to provide for the maintenance of Dwellings. 9.2 Optional Maintenance by Association. Notwithstanding anything contained herein to the contrary, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property,the Association may, at its election, with the approval of a majority of votes cast in person or by proxy at a meeting called for such purposes,provide for exterior maintenance of a Dwelling or Dwellings as follows: paint and replace roofs, gutters,downspouts, decks, garage doors (except hardware), exterior siding and other building surfaces, and clean glass exteriors, and(ii)provide for lawn, shrub and tree maintenance where the Owner(s) of such Dwelling(s)have neglected to undertake exterior maintenance to the point where such neglect impairs, or detracts from,the architectural 18 character,quality, and uniform and high standards for appearance of the Property, as determined by a majority vote at the meeting referenced herein. 9.3 Maintenance by Owner. Except as otherwise specifically provided herein, all maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. The Association may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs as provided in Section 9.2 and assess the Unit and the Owner for the cost thereof 9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if,in the judgment of the Association,the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guest, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected(and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. SECTION 10 PARTY WALLS 10.1 General Rules of Law to Applv. Each wall built as part of the original construction of the Dwellings and located on the boundary line between Units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Section,the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 10.2 Repair and Maintenance. The Owners of the Units which share the party wall shall be responsible for the maintenance repair and replacement of party wall in proportion with their use;provided (i)that any maintenance,repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner, and(ii)that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for their respective shares of the cost to the extent not covered by insurance. 10.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or 19 other casualty, any Owner who has the wall may, with the consent of the Association,restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his or her share of the cost of restoration thereof, provided,however,that the cost of restoration resulting from destruction or other casualty resulting from the acts or omissions of certain Owners shall be the financial responsibility of such Owners, and the Association may assess the responsible Owners for their share of the costs,without prejudice to the right of an Owner to recover a larger contribution from the other Owner. Insurance claims shall be made promptly following any casualty. 10.4 Weatherproofing. Notwithstanding any other provision of this Section, any Owner who, by his negligent or willful act, causes a party wall to be exposed to the elements shall bear the whole cost of the repairs necessary for protection against such elements. 10.5 Right to Contribution Runs With Land. The right of any Owner to contributions from any other Owner under this Section shall be appurtenant to the Unit and shall pass to such Owner's assign and successors in title. 10.6 Arbitration. In the event of any dispute arising concerning a party wall, and if the same is not resolved within thirty (30)days of the event causing the dispute,the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association,upon the written demand of the Association or any Owner whose Dwelling shares the party wall. Each party agrees that the decision of the arbitrators shall be final and conclusive of the questions involved. The fees of the arbitrators shall be shared equally by the parties,but each party shall pay its own attorney fees or other costs to its case. SECTION 11 INSURANCE 11.1 Required Coverage. The Association shall obtain and maintain, at a minimum, the following policies of insurance, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota: a. Comprehensive public General liability insurance covering the use,operation and 20 maintenance of the Common Elements,with minimum limits of$1,000,000 per occurrence,against claims for death,bodily injury and property damage, and such other risks as are customarily covered by A Residential Associations policy(ies) for a project similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. In the event the Association were to own or purchase a structure, the policy shall include such additional endorsements, coverage and limits with respect to such hazards as may be required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasimg or financing a mortgage on such structure or unit. b. Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers,manager,trustees,employees or persons responsible for handling funds belonging to or administered by Association if deemed to be advisable by the Board or required by the regulations of the FHA or FNMA as a precondition to the purchase or financing of a mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured and shall, if required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or financing of a mortgage on a Structure,be written in an amount equal to the greater of(1)the estimated maximum of Association funds, including reserves, in the custody of the Association or management agent at any given time while the bond is in force, or(ii)a sum equal to three months aggregate assessments on all Units plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers,or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. C. Workers'Compensation Insurance as required by law. d. Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. 21 C. Such other insurance as the Board may determine from time to time top be in the best interests of the Association and the Owners. 11.2 Premiums: Improvements Deductibles. All insurance premiums shall be assessed and paid as a Common Expense. The insurance will not cover the Units and Owners should obtain their own policy to cover their Unit, personal property and personal liability similar to that provided with a Homeowner's Insurance policy. 11.3 Loss Payee: Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to the Association.. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. 11.4 Waivers of Subrogation. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an Owner,members of the Owner's household, officers or directors, as application, and, if available,waivers of any defense based on co-insurance or of invalidity from any acts of the insured. 11.5 Cancellation:Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason,without at least 30 days prior written notice to the Association,. 11.6 Owner's Personal Insurance. Each Owner should obtain personal insurance coverage at his or her own expense covering fire and other casualty to their Unit,personal property and personal liability. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Association. SECTION 12 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 12.1 Reconstruction. The obligations and procedures for the repair,reconstruction or disposition of the Property following damage to or destruction thereof shall be governed by the Act. Any 22 repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved upon. Notice of substantial damage or destruction shall be given pursuant to Section 18.10. 12.2 Condemnation and Eminent Domai. In the event of a taking of any part of the Property by condemnation or eminent domain,the provisions of the Act shall govern;provided,that notice shall be given pursuant to Section 18.10. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with their priorities established by the Act and the Governing Documents, as their interest may appear. 12.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to a Eligible Mortgagee pursuant to Section 18.10. SECTION 13 EASEMENTS 13.1 Easement for Encroachments. Each Unit shall be subject to an exclusive easement for encroachments in favor of the adjoining Units for fireplaces,walls,roof overhangs, air conditioning systems, decks,balconies,patios,utility installations and other appurtenances (1)which are part of the original construction on the adjoining Unit or the Property or(ii)which are added pursuant to Section 8. If there is an encroachment by a Dwelling,or other building or improvement located in a Unit,upon another Unit or Dwelling as a result of the construction,reconstruction,repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Dwellmig,building or improvements and for the maintenance thereof, shall exist;provided that with respect to improvements or alterations added pursuant to Section 8,no easements shall exist unless the same have been approved and constructed as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. 13.2 Easement for Maintenance.Repair. Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an 23 exclusive, appurtenant easement on and over the Units for the purposes of maintenance,repair, replacement and reconstruction of the Units, and utilities serving the Units,to the extent necessary to fulfill the Association's obligations under the Governing Documents. 13.3 Utilities Easements. The Property shall be subject to non-exclusive, appurtenant easements for all utilities,water and sewer, and similar services,which exist from time to time,as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utilities companies providing service to the Units for the installation and maintenance of utilities metering devices. 13.4 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance,repair, replacement and reconstruction. SECTION 14 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act,the Governing Documents,the Rules and Regulations,the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 14.1 Entitlement to Relief. The Association may commence legal action to recover sums due for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an 24 action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner,or by any Owner against the Association or another Owner, to enforce compliance with the Governing Documents,the Rules and Regulations,the Act or the decisions of the Association. No Owner,however,may withhold any assessments payable to the Association, or take (or omit)other action in violation of the Governing Documents,the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. 14.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal,the Association shall have the right,but not the obligation,to implement any one or more of the following actions against Owners and Occupants and/or their guests,who violate the provisions of the Governing Documents,the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges of up to 15% of each late payment of an assessment or installment thereof. C. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments,together with all costs of collection and late charges,are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines,penalties or charges for each violation of the Act,the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities;provided,that this limitation shall not apply to deck,balcony or patio easements, appurtenant to the Unit, and those portions of the Common Elements providing 25 utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to 30 days thereafter, for each violation. f. Restore any portions of the Common Elements damaged or altered, or allowed to be damaged or altered, and to assess the cost of such restoration against the responsible Owners and their Units. g. Enter any Unit in which, or as to which, a violated or breach of the Governing Documents exists which materially affects,or is likely to materially affect in the near future,the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Dwelling or other part of the Property or the property of the Owners or Occupants, and to summarily abate and remove, at the expense of the offending Owner or Occupant, any structure,thing or condition in the Unit which is causing the violation;provided,that any Improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. h. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the property is located. 14.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 14.3.d.e or f. of this Section, the board shall upon written request of the offender conduct a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least 10 days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request by the Board, and with at least 10 days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of the hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten days following the hearing, if not delivered to the offender at the hearing. 26 14.4 Lien for Charges. Penalties, Etc. Any assessments,charges, fines,penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the of imposition of the remedy but shall not be final as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 14.5 Cost of Proceeding and Attorneys Fees. With respect to any collection measures, or any measures or actions, legal, administrative, or otherwise,which the Association takes to enforce the provisions of the Act, governing Documents or Rules and Regulations,whether or not finally determined by a court or arbitrator,the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association,reasonable attorney's fees,and interest(at the highest rate allowed by law)on the delinquent amounts owed to the Association. 14.6 Liability for Owner's and Occupant's Acts. An Owner shall be liable for the expense of any maintenance,repair or replacement of the Property rendered necessary by such Owner's acts or omissions,or by that of Occupants or guests in the Owner's Unit,to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates,resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. 14.7 Enforcement by Owners. The provision of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents,the Rules and Regulations, and the Act as provided therein. SECTION 15 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following special 27 declarant rights within the meaning of Section 515B.1-103(31) of the Act for as long as it owns a Unit,or for such shorter period as may be specifically indicated: 15.1 Complete Improvements. To complete all the Units and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by the Declaration, and to make alterations in the Units and Common Elements to accommodate its sales facilities. 15.2 Relocate Boundaries and Alter Units. To relocate boundaries between Units and to otherwise alter Units owned by it,to the extent permitted by Section 16. 15.3 Sales Facilities. To construct,operate and maintain a sales office,management office, model Units and other development sales and rental facilities within the Common Elements and any Units owned by Declarant from time to time, located anywhere on the Property. 15.4 Sims. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant and on the Common Elements. 15.5 Easements. To have and use easements, for itself, its employees, contractors, representatives, agents, and prospective purchasers through and over the Common Elements for the purpose of exercising its special declarant rights. 15.6 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board pursuant to Section 515B.3-103 of the Act,until the earliest of.(i)voluntary surrender of control by Declarant, (ii)an Association meeting which shall be held within 60 days after conveyance to Owners other than a Declarant of 75%of the total number of Units authorized to be included in the Property or(III)the date three(3)) years following the date of the first conveyance of a Unit to an Owner other than a Declarant. Notwithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than 33 1/3%of the directors at a meeting of the Owners which shall be held within 60 days following the conveyance by Declarant of 50%of the total number of Units authorized to be included in 28 the Property. 15.7 Consent to Certain Amendments. As long as Declarant owns any unsold Unit,Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects or may affect Declarant's rights under the Governing Documents. SECTION 16 RIGHTS TO-RELOCATE UNIT BOUNDARIES AND ALTER UNITS Existing or future Units may be altered and Unit boundaries may be relocated only in accordance with the following conditions: a. Combining Units. An Owner may make improvements or alterations to such Unit or,may, after acquiring an adjoining Unit,remove or alter any intervening partition or create apertures therein in accordance with Section 51513.2-113 of Act and Subsection d of this section. b. Relocation of Boundaries. The boundaries between adjoining Units may be relocated in accordance with Section 51513.2-114 of the Act and Subsection d of this Section. C. Subdivision or Conversion. No additional Units may be created by the subdivision or conversion of a Unit(within the meaning of the Act)into two or more Units,nor into other Units or Common Elements. d. Requirements. The alteration,relocation of boundaries or other modification of Units or the Dwellings or other structures located therein(collectively referred to herein as "alteration"or "alterations")pursuant to this Section, Section 8, and the Act may be accomplished only in accordance with the following conditions: (1) No Unit may be altered if,thereafter,the Dwelling affected by the alteration, would no longer be habitable or practicably usable for its intended purpose or would violate any law, code or ordinance of any government authority having 29 jurisdiction over the Property. (2) No alteration may be made which adversely affects the structural or functional integrity of any building system or the structure support or weather-tight integrity of any portion of any building or other structure. (3) The prior written consent of the Association shall be required for any alteration, except alterations by Declarant. Where required, such consent shall be requested in writing by each Owner whose Unit is proposed to be altered, accompanied by such explanation, drawings and specifications relating to the proposed alterations as may be reasonably required by the Association or the first mortgage of the Unit. The Association shall give such Owner(s)notice in an expeditious manner, granting, denying or qualifying its consent. (4) As a precondition to consenting to alterations the Association may require, among other things, the following: (i)that all alterations will be done in a workmanlike manner and without impairing the structural,mechanical or weather-tight integrity of the Building: (ii)that the Common Elements and altered Units will be repaired and/or restored in the future as required by the Association: (iii) that the construction of the alterations will not create dangerous conditions for any Owners or Occupants: (iv)that the Property, the first mortgagees and the Owners and Occupants will be protected from liens and other liability arising from the alterations: and(v)that the alterations will be done compliance with the applicable laws,regulations and ordinances of the governmental authorities having jurisdiction over the Property. (5) The Association may require that the Owners of the Units to be altered pay all costs of processing and documentation for the request and the preparation and recording of any necessary amendment to the Governing Documents, including without limitation such costs as filing, architects and attorneys fees, incurred by the Association in connection with the alterations. 30 SECTIONS 17 AMENDMENTS Except as otherwise provided in the Act,this Declaration may be amended by the consent of(i) Owners of Units to which are allocated at least sixty-seven percent(67%)of the votes in the Association, (ii)the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned)required by Section 18 as to matters prescribed by said Section and(iii)the consent of Declarant to certain amendments as provided in Section 15.8. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the By Laws. Consents of Eligible Mortgagees and the Declarant shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 18 RIGHTS OF ELIGIBLE MORTGAGES Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and protections: 18.1 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one percent(51%)of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any amendment to the Governing Documents which causes any change in the following: (i)voting rights; (ii)assessments, assessment liens, or priority of assessment liens; (iii)reserves for maintenance,repair and replacement of Common Elements; (iv)responsibility for maintenance and repairs; (v)reallocation of interest in the Common Elements, or rights to their use; (vi)redefinition of any Unit boundaries; (vii)expansion or contraction of the Property or the addition annexation or withdrawal of property to or from the Property; (ix)insurance or fidelity bonds; (x)leasing of Units; (xi)imposition of any restriction on an Owner's right 31 to sell or transfer his or her Units; (xii)a decision by the Association to establish self management when professional management is in effect as required previously by the Governing documents or an Eligible Mortgagee; (xiii)restoration or repair of the Property(after a hazard damage or partial condemnation)in a manner other than that specified in the Governing Documents; (xiv)any action to terminate the legal status of the Planned Community after substantial destruction or condemnation occurs; or(xv)any provisions that expressly benefit Eligible Mortgagees or insurers or guarantors of mortgages. 18.2 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven percent(67%)of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned)shall be required to (i) abandon or terminate the Planned Community; (ii)change the allocations of voting rights, Common Expense obligations or interest in the common Elements; (iii)partition or subdivide a Unit except as permitted by statute; (iv)abandon,partition, subdivide, encumber or well the Common Elements; or(v)use hazard insurance proceeds for other than the repair,replacement or reconstruction of the Property, except as otherwise provided by law. 18.3 Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of the Owner and Eligible Mortgagee thereof, and the Association. 18.4 No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions. 18.5 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale,that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure,takes the Unit free of any claims for unpaid assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition or possession of the Unit by said first mortgages holder or purchaser, (i) except as provided in Section 6.7 and the Act and(ii) except that any unreimbursed assessments or charges may be reallocated among all Units in accordance with their interests in the Common Elements. 18.6 Priority of Taxes and Other Charges. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to 32 the Property as a whole. 18.7 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party,priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affection the property promptly upon receipt of notice from the condemning authority. 18.8 Requirements Management Agreements. The term of any agreement for professional management of the Property may not exceed two (2)years. Any such agreement must provide at a minimum for termination without penalty or termination fee by either party, (i)with cause upon thirty(30) days prior written notice, and(ii)without cause upon ninety(90) days prior written notice. 18.9 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business hours, and to receive free of charge,upon written request, copies of the Association's annual reports and other financial statements. Financial statements, including those which are audited, shall be available within one hundred twenty(120) days of the end of the Association's fiscal year. 18.10 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit number or address,the holder, insurer or guarantor shall be entitle to timely written notice of, a. a condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; b. a 60 day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; C. a lapse,cancellation or material modification of any insurance policy maintained by the Association; and d. a proposed action which requires the consent of a specified percentage of Eligible 33 Mortgagees. SECTION 19 MISCELLANEOUS 19.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 19.2 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 19.3 Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against Declarant for Indemnification pursuant to the Act,the Association shall promptly tender the defense of the action to its insurance carrier,and give Declarant written notice of such tender,the specific nature of the action and an opportunity to defend the action. 19.4 Notice. Unless specifically provided otherwise in the governing documents or the Act, all notices required to be given by or to the Association,the Board of Directors,the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery,or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant the By Laws shall be effective upon receipt by the Association. 19.5 Conflicts. In the event of any conflict among the provisions of the Act, the Declaration, the By-Laws or any Rules or Regulations approved by the Association,the Act shall control. As among the Declaration,By-Laws and Rules and Regulations,the Declaration shall control, and as between the By- Laws and the Rules and Regulations,the By-Laws shall control. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Act. 34 MONTICELLO MEADOW TOWNHOMES, LLC. By: Its: President STATE OF MINNESOTA ) COUNTY OF OLMSTED ) The foregoing instrument was acknowledged before me this day of , 2021,by the President of Monticello Meadow Townhomes, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: NAME Address City Phone EXHIBIT A Monticello Meadow Townhomes Common Interest Community Number Lots 1 —94, Block 1; MONTICELLO MEADOW TOWNHOMES COMMON INTEREST 35 COMMUNITY NUMBER , according to the recorded plat thereof, Wright County, State of Minnesota. Unit No. Unit Identifier 1 Lot 1, Block 1, Monticello Meadow Townhomes 2 Lot 2, Block 1, Monticello Meadow Townhomes 3 Lot 3, Block 1, Monticello Meadow Townhomes 4 Lot 4, Block 1, Monticello Meadow Townhomes 5 Lot 5, Block 1, Monticello Meadow Townhomes 6 Lot 6, Block 1, Monticello Meadow Townhomes 7 Lot 7, Block 1, Monticello Meadow Townhomes 8 Lot 8, Block 1, Monticello Meadow Townhomes 9. Lot 9, Block 1, Monticello Meadow Townhomes 10 Lot 10, Block 1, Monticello Meadow Townhomes Continue through 94 units EXHIBIT B "COMMON ELEMENTS" Lot 95,MONTICELLO MEADOW TOWNHOMES COMMON INTEREST COMMUNITY NUMBER according to the recorded plat thereof,Wright County, State of Minnesota. 36 Planning Commission Agenda—07/06/21 3A. Consideration of a request for a one-year extension of a Variance from required side yard setbacks for a house and garage addition in the Mississippi Wild and Scenic Recreational River (MWSRR) District. Applicant: Chris Holtz Prepared by: Community Meeting Date: Council Date (pending Development Director 07/06/2021 Commission action): N/A Additional Analysis by: Chief Building & Zoning Official Property: Legal: Lot 2, Manhattan Lots Address: 305 Riverview Drive, Monticello, MN Planning Case Number: 2020-018 A. REFERENCE & BACKGROUND On July 7th, 2020,the Planning Commission granted a Variance to the required sideyard setback in the Mississippi Wild Scenic and Recreational Overlay District. The applicant proposes to build an addition which will include a garage along the western side of the property. The processing of a variance is necessary to accommodate the construction of the home & garage addition with setbacks less than ten feet from a property line, as required in the MWSRR District, at approximately 67' from the property line. The garage would extend forward from the addition toward County Highway 39, with three garage doors facing the road. Due to the grade of the lot, a lower garage level is also planned below the primary garage, accessed from a lower part of the front yard via a shared driveway that serves this property and the adjacent property to the east. That space would be partially garage with a single garage door, and the remainder would be storage using a standard service door. Per Section 2.4 of the City's zoning ordinance, Variance approvals expire if a building permit has not been secured within one (1) year of the date of the approval. However, the ordinance allows an extension with a written request by the applicant showing good cause. Such requests shall be presented to the Planning Commission. The applicants have submitted a written request which staff believes meets this requirement for extension. As no appeal was received for the application, the Planning Commission acts as the Board of Adjustment and Appeals on this request. B. ALTERNATIVE ACTIONS 1. Motion to approve a one-year extension (July 7t", 2022) for the Variance 1 Planning Commission Agenda—07/06/21 approved on July 71", 2020 for 205 Riverview Drive. 2. Motion to deny an extension based on findings to be made by the Planning Commission. C. STAFF RECOMMENDATION Staff recommends approval of the requested Conditional Use Permit extension. D. SUPPORTING DATA: A. Aerial Image B. Extension Request C. Original Staff Report and Exhibits 2 From: Chris Holtz To: Jacob Thunander Subject: Chris Holtz addition update Date: Tuesday,June 1,2021 1:03:10 PM Hey Jacob, sorry for the delay. Right now I'm working on getting everything squared away with the building permit. I just sent Bob the updated survey. I'm also waiting to hear back from a couple builders on some final numbers. If they end up coming back to expensive because of the shortages I may need to apply for the extension and begin work in the fall. If they come back at a reasonable rate I plan to start digging by the end of the month. Thanks for reaching out and I'll be in touch when I get the final answers. Sent from my T-Mobile 5G Device Get Outlook for Android o Lp v O - u O 0 T O V T a v v V 4 { N L N t LO T � O l� LC� T 0 3 c W o a� L_ M N Lf) O CM O N O O c O OLn r o O .� Lr) T f6 Lr) O a 4-1 LM In T N � roCW �P c o y T LO co o o T O � o o $ = o L(� U J T To whom this may concern, I'm applying today for a variance in regards to the addition I would like to build onto my existing home.Since I've bought the property 6 years ago I have really grown to love the property and spot I'm in.When I purchased the home I wasn't planning on growing my family in that house but as we know plans change.To avoid having to sell the home in search of something bigger I have talked to many builders, building officials, DNR officials,and Dennis Taylor(land surveyor).The plan would be to build and 80x36 addition turning what is typically an unusable hill spanning the majority of my property, into a home that will accommodate my growing family. The only issue we have run into is that because the property lines don't run parallel to my existing home the addition will be crossing the 10' minimum setback to the west side. It will be crossing that 10'setback by about 3.5' at the southwest corner slowly moving back to meet the minimum 10' setback about 25-30' into the addition. If the builders of the existing home were to have initially built the house to run parallel to the property line I would be able to adjust the building plans to meet the requirement. Unfortunately if I have to meet that 10' setback at the front of the addition, not only will it eliminate some of the things I have laid out inside the house it will also cause the outside of the house to look very odd from the front view.That being said, ive spoken a few times with the DNR and also sent him a copy of the survey, he stated that he looks for the impervious surface area that would be on the land after the addition is built. As long as it is under 20% he usually doesn't make any comments on additional drainage requirements. My survey states that it will be at 16%,well under that 20% mark he looks for.After looking at my survey he stated he wouldn't see any issues unless brought forth by the City. In closing I would ask you to please consider allowing the variance and allow me to turn my existing home into the home of my family's future.Thank you for your consideration and taking the time to look over my project plans. If you have any questions I can be best reached at 320-761-8025. Thank you and have a wonderful day! Chris Holtz N j o X3� r^y, mZ y o V h w q 3az �O q o e IZI oa<o F vl W a0 a t L3 JO O pQ 3W w op >>� °qN N4 § �„ oi IN, syn eaZe N�Qoam�oas�0o WE -25 znr��-O .. °a a: 6VIM x o aw�o�z 3Let u o It _ OO F � 0O W UOF 0 o .i o wYJ a awe aso i lo W-Sc m3zq ¢ Q w�gv�rco�o \V� ¢ 0 0 �a >oo 0 i m mo W N- ` zoaoa eyy _ s 0. \ \ a k v 8 : w is ¢ o g / 0 )` O U K a 2 N U pry ! 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'��i�J a > k 9T' s .dy 1 A 91 Ali 11 - t ' v AA — �1 '' �1 �r: •x �r 1 K 6 t, a G .r � pe$3._�^�..i+, ate( .•�l y�'� } - .. �_ MIA q , f, s " .4 a , � I F �ej'Itt N M 1 • '�. y � e13�dJ�' y,� �€tr � JI. i , I 4 Al gp 5 �I q � can r .r s Y Y t' fi 1 � q � n Y e i 1 �N7 M >. Y ky x�' �1 � Saws �� �s\�Vi,•���11 '1r a � E 'P e ♦ _ ` 1 • Yn{� ak - tr t`{'y' ,1��S``S���•+h l oV s / • g t s+ CITY OF OFFICE: 763-295-2711 FAX: 763-295-4404 ,�kmontice 0 505 Walnut Street Suite 11 Monticello, MN 55362 July 1, 2020 Re: Holtz Variance City Project#2020-018 The Engineering Department has reviewed the application and offers the following comments: General Comments 1. Please provide proposed elevations, proposed finish floor elevations, and drainage arrows on the survey. 2. Currently the survey shows the existing driveway, please update to show proposed driveway. 3. If retaining walls are required to accommodate grading please show on the survey. Retaining walls greater than 4 feet in height shall be designed and certified by a registered professional engineer and shall include a railing/fence at the top of the wall. The City is not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City's standards. Please have the applicant provide a written response addressing the comments above. Please contact the Engineering Department with any questions. Sincerely, r7/ Ryan4Melhouse Engineering Technician www.ci.monticel lo.mn.us Planning Commission Agenda—07/06/21 3B. Community Development Director's Report Council Action on/related to Commission Recommendations A. Consideration to approve a six-month extension of an amendment to Conditional Use Permit for accessory structure in an A-O (Agriculture/Open Space) District to accommodate an open, covered patio over existing outdoor entertainment space. Applicant: Monticello Country Club Approved on consent agenda; consistent with Planning Commission approval. B. Consideration to adopt Resolution 2021-XX approving a Preliminary Plat and Final Plat for Deephaven 2 (2nd Addition), Development Agreement and Trail Easements and a Conditional Use Permit for cross-access with adjoining commercial property. Applicant: Deephaven Development LLC/Mark Buchholz Approved on consent agenda; consistent with Planning Commission approval. Council also approved a vacation of temporary easement for trail in favor of new easements related to final trail configuration from the residential multi- family at Deephaven to the planned plaza in the northwest. Chelsea Commons Small Area Plan Work on preparation of the Chelsea Commons Small Area Plan is continuing with planning and engineering staff beginning to pull the varying components of the effort into a coordinated plan. Since the time of the joint City Council, EDA, Planning Commission and PARC workshop on May 4th, the following benchmarks have occurred: 1. PARC meeting on June 2nd to detail landscape architecture and public space themes and gather recommendations 2. Completion of large vignette space concepts for gateways, Edmonson Avenue, bridges and plazas 3. Estimates of building square footages, unit counts, public space improvement quantities 4. Baseline, good and great packages for estimation purposes 5. Traffic counts, data analysis and draft traffic study preparation 6. Preliminary grading plan with lake levels and lowest floor elevations for development nodes determined 7. City Council and stakeholder workshop on June 23rd regarding the proposed re- configuration of Dundas Road. It is anticipated that a "traveling" workshop will be making its way to the City's various boards and commissions in early July for the next phase of the naming exercise for the area. The schedule for the Small Area Plan anticipated a presentation of the Small Area Plan for adoption in June of 2021. However, with the addition of the grading/stormwater, 1 Planning Commission Agenda—07/06/21 traffic and detailed financial components, the estimated completion date for the full plan is early August. Upcoming Workshops and Special Meetings • Monday, July 121": Joint Planning and Council meeting on site at the Jameson/Malone/Rand/City site to familiarize members with the site. Previously, the City had considered a concept proposal for a portion of the property. It is recommended that the Planning Commission and City Council understand site conditions prior to future development requests. Council Updates Council Highlights— May https://www.ci.monticello.mn.us/index.asp?SEC=F18BE4DO-OB7D-49F9-8773- D1B2526EE7D3&DE=A26929C1-0923-43F6-B35B- A93FB766197B&Type=BBASIC Council Connection— May https://www.ci.monticello.mn.us/AgendaCenter/ViewFile/Item/124?filelD=846 2 Planning Commission—07/06/2021 ADD. Consideration of an Administrative Appeal to Monticello Zoning Ordinance Chapter 3.4 Residential Base Zoning Districts, Subsection (E) R-1: Single Family Residence District. Applicant: Erin Jones Prepared by: Community Development Meeting Date: Council Date (pending Director 07/06/21 appeal): 7/26/21 Additional Analysis by: Chief Building and Zoning Official REFERENCE AND BACKGROUND Property: Legal Description: Lot 10, Block 1, Club West 1212 Prairie Pine Court Planning Case Number: 2021 -025 Request(s): Administrative Appeal Deadline for Decision: August 31, 2021 (60-day deadline) Land Use Designation: Low Density Residential; (LDR): Intended for detached homes, usually on lots from 7,000 to 14,000 square feet. Housing in this designation includes single-family detached residential units as well as detached accessory structures. Other compatible uses, such as schools, nursing homes, private parks and religious facilities may also locate in this designation. Zoning Designation: R-1 Single Family Residence District The purpose of the "R-1" Single Family district is to provide for low density, single family, detached residential dwelling units and directly related complementary uses. Overlays/Environmental Regulations Applicable: NA Current Site Uses: Single Family Residential/Development in Progress Surrounding Land Uses: North: Single Family Residential East: Single Family Residential South: Railroad/Golf Course West: Single Family Residential 1 Planning Commission—07/06/2021 Project Description: With adoption of Ordinance No. 755, the City approved a process for applicants/builders to seek a waiver of the brick or stone requirement via an administrative appeal to the Planning Commission, acting in itsrole as the Board of Adjustments and Appeals. The applicant is seeking an appeal under this clause for construction of a new single-family home in the Club West neighborhood. Club West is not a Planned Unit Development. ANALYSIS: Erin Jones has submitted an administrative appeal per the ordinance process for review of the 15% brick/stone requirements for a single-family lot in the Club West subdivision of Monticello. The applicant's narrative and fagade plan illustrate the proposed fagade enhancements in lieu of the required brick/stone. As discussed during the prior considerations, the intent of the brick and stone requirement is to encourage higher value housing in the community and avoid featureless subdivision and housing design. Consideration of variation from the brick/stone requirement under the recently amended ordinance and approved administrative appeal presumes that other enhancements of equal impact and value would replace the reduced brick/stone fagade treatment. For the current proposal, the variations proposed to the two-story design are intended to be offset by a 6' usable front porch, a significant percentage of alternative material design on the fagade, including board and batten, corbels at the eaves, and garage eyebrow roof feature. The home design also includes an increased roof pitch on the main structure (12/12). The home, at over 4000 square feet is well in excess of R-1 square footage requirements. ALTERNATIVE ACTIONS 1. Motion to adopt Resolution No. PC 2021-024, approving the appeal as submitted by Erin Jones and as submitted in the plan dated 5/19/21, based on thefindings in said Resolution. 2. Motion to deny the adoption of Resolution No. PC 2021-024, based on findings to bemade by the Planning Commission. 3. Motion table action on Resolution No. 2021-024, subject to additional information fromthe applicant and/or staff. 2 Planning Commission—07/06/2021 STAFF RECOMMENDED ACTION City staff recommends Alternative 1 for approval of the administrative appeal. This recommendation is based on the significant level of enhanced detail submitted on the home plan, which is consistent with the treatments outlined as code alternatives. SUPPORTING DATA A. Resolution 2021-024 B. Aerial Site Image C. Applicant Narrative D. Home Design Fagade Plan E. Ordinance No. 755 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2021-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO APPROVING AN APPEAL FROM THE REQUIREMENT FOR 15% BRICK OR STONE FACADES ON SINGLE FAMILY RESIDENTIAL STRUCTURES LOT 10, BLOCK 1, CLUB WEST SUBDIVISION WHEREAS, the applicant proposes to construct a single family house in the Club West Subdivision; and WHEREAS, the subject property is zoned R-1, Single Family Residence District, in which single family homes are allowed as permitted uses; and WHEREAS, the applicable zoning regulations require that at least 15% of all single family dwelling facades are comprised of brick, stone, or similar materials; and WHEREAS, the regulations provide for an administrative appeals process in front of the Planning Commission, sitting as the Board of Adjustment and Appeals, by which builders may request a waiver of the brick or stone requirements, under certain circumstances; and WHEREAS, the applicant proposes to waive the 15% brick and stone requirement for the proposed single-family home in favor or alternative materials and features as outlined by the Zoning Ordinance; and WHEREAS, the proposed modifications are supported by various enhancements to the applicant's housing, including a usable porch, additional alternative fagade materials including board andbatten, increased roofline pitch and varied rooflines; and WHEREAS, the proposed modifications meet the City's long-term interest in supporting enhanced building material quality and neighborhood design; and WHEREAS, the Planning Commission considered the matter at its regular meeting on July 6th, 2021 and the applicant was 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 1. The proposed modifications are consistent with the intent of the Monticello Comprehensive Plan. 2. The proposed modifications are reasonable, given the conditions in the area, and on the subject property. 3. The applicant has carried its burden of showing that market conditions support the variations from the standard and provided adequate alternatives that continue to meet the expectations and intent of the City's land use regulations. 4. The proposed modifications will otherwise meet the general intent of the Monticello Zoning Ordinance. 5. The proposed modifications will not create undue burdens on public systems, including streets and utilities. 6. The proposed modifications will not create substantial impacts on neighboring land uses that are not within the expectations of the current zoning allowances. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, sitting as the Board of Adjustment and Appeals, Minnesota that the proposed Variance is hereby approved. ADOPTED this 61" day of July, 2021, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 2 O. Beacon TM Wright County, MN Overview c�R Wqy � a ® ~ 155R0 O a 75 Legend Roads — CSAHCL C�. — CTYCL MUNICL PRIVATECL TWPCL 155500034301 155500034302 Highways Interstate State Hwy US Hwy City/Township Limits ❑ c 155500101104 ❑ t 13 Parcels 1 555001 01 202 FP Torrens ParcellD 155187001100 Alternate ID n/a Owner Address 1212 PRAIRIE PINE CT Sec/Twp/Rng 03-121-025 Class 20A-RES 1-3 UNIMPR LAND MONTICELLO,MN 55362 Property Address 1212 PRAIRIE PINE CT Acreage n/a MONTICELLO District 1101 C ITY OF MONTICELLO 882 H Brief Tax Description Sect-03Twp-121 Range-025 CLUB WEST Lot-010 Block-001 (Note:Not to be used on legal documents) Date created:7/6/2021 Last Data Uploaded:7/6/20217:47:23AM Developed by4&w Schneider GEOSPATIAL Hello, My name is Erin Jones, I have been a homeowner in this wonderful city for 6 years now and my family and I are about to embark on a home building journey in Monticello this summer. We are very excited to expand our space while being lucky enough to stay in the area. I am writing because I recently discovered the requirement to have 15% stone on the front fagade of our house and I would love the opportunity to discuss possible deviations from this. Professionally, I am a senior interior designer for Target Corp. so the opportunity to design my own home was very exciting. My dream home has a modern all-white exterior with cedar and black accents. Homes with this look are becoming very popular across the country and offer an updated look that sets them apart from the beige and gray houses we have seen for the last 20-30 years. Although simple in nature, this type of exterior requires a large investment in premium materials and details. Overall, we have added over fifty thousand dollars worth of exterior fagade upgrades to ensure our home looks beautiful. I have designed our home to have LP board and batten running to the ground to achieve that clean modern look. To add interest and character we incorporated cedar architectural elements and black elements like windows and garage doors. An aluminum eyebrow roof, increased roof pitch, upgraded trim and doors are also part of the design. I strongly feel that the texture of modern finishes like LP board and batten and warm natural wood eliminate the need for the addition of stone, and I feel stone would actually be a detriment to the overall design. I am including a rendering of our home with notes calling out the areas we invested in beyond the standard design from the builder. I can fully understand the reasoning for requiring stone on base level houses with no added investment in design or detail but I feel like there should be exceptions to this requirement in situations where substantial thought and investments have been put into a front facade design. One of the reasons I love Monticello so much is the amount of growth I see here and the commitment this town has to art and design. With more people moving here from the metro I'm sure we will only see more requests to have updated exterior architecture incorporated into the town. I too want the houses that go up around us to be beautiful but I do not believe that a stone requirement is the answer. There have been so many advancements in building materials in the last decade that I truly feel it is time to move beyond the stone mandate. Houses these days are trending heavily towards wood, stained concrete and decorative LP siding which are all equally as beautiful as stone and offer homeowners so many fun design options. I believe we all want Monticello to be on the cutting edge of building trends, so why hold us back by requiring a detail that is no longer as popular as it once was? Another major reason to consider not requiring stone is the structural implications it can have on a home. I know as a designer who has worked for years on residential and commercial projects that stone is rarely installed in a perfect fashion and it can create an unwelcome entry for moisture. As I'm sure you know, anywhere moisture can enter—so can mold. I would prefer to have my siding run to the ground instead of creating a lip with a gap where rain/snow/ice can enter if there are any issues with the installation failing. I have provided two links below to articles reiterating my concern. I would be very happy to discuss this more on the phone or in person if that is beneficial. I have included a couple of photos below of beautiful non-stone homes for inspiration. Our plans have been submitted to the city by our builder Price Custom Homes. I sincerely appreciate you taking the time to consider my request to not include stone on our home and I hope to hear back from you soon. Thank you very much! Erin Jones 612-770-2185 Future Address: 1212 Prairie Pine Court, Monticello Related Links: Moisture problems related to stone veneer: https:Habihomeservices.com/manufactured-stone-veneer-moisture-problems/ Reasons not to install stone (cost, moisture and mold): https://www.4feldco.com/articles/stone-veneer-sidinq-problems/ Fri I i r 1 I �' e• r © o o o = I 11k 11 � I i sNOI1V21aaISN00 anald aaHlo NOIsslwaad N311Iam 3OI��0 L6IL-9LZ-E9L�^ aNv 9Nlwvad vanlonals lnoHllm 1NVdWO❑ao NOSa3d ��0 9 b 10� 1 IL-bI-S Ol 3n4 NOi-LonalsN00 a3H10 ANY Ae O3Sn a0 Ol N3A10 39 Z-�-S lvnl�V aHl NI kNVGSaU aN ION AVW SNVfd 393H1 090NO�N9 39 01 A Q 1 li �VI A \\II VV O L-LL-H anNI1NOO 171M 0NV 03Oa04N3 N339 3FVH 0,1��1NOW ����^ OEESS NW oRAI❑ n11 ^ 39 AVw S1N3W1Snf CIV 51H°OIaAdOO anO O31HJINAd00 3NV J z-9l-b awos aI9lssod sV sawoH Woisro 30Ia8 nia ao I?WC3 3NId EI�IV?id ZIZI 3 311nS IL-b-H ,1131V21nOOV SV Oj5vld SNOIIVA3I3 ONV SNVnd NOOIH 3H1 �' q z_yz_e Nana anVH sloarao G3M NI�3 1 NVA3 d 17V jo sNollvool MN 310 1O 1VI?L1SI4NI 01111 > snvi�a NoislAaa aNV siNawaansvaw -i-Tv 3oLLON LH9I2LCd00 :Hod HONHQISH23 HILIL JOHf023d SHKOH MI,SM HOINd w Q N= 2 a6 p�i U C'O LL' W Q Q t0 Yam❑ 'OO ❑ o w Q m m Uwa c E z Q Q v r�❑Na mNY m a `r z z - wmWQ c a•'mN m W Q— JfA 03 >N Ln F OLL°W�� O m 0 LL W O l7❑ >w to ZWN0 W Z Z Wv — a 0 ❑W Q O Q C) V) °UN LL 3 — Q xW w°W Z Z _� - N LL <101 N II Uul ILF - x V U 4S ll avow❑ U)i v° LU > o CIS (V tn � z w a a u » O Q L o < O Q s F O 7 a a m w c F 00, OUP LLQry 9 Q LLKx m� LLm^ z O Q > _ a W Q `o o •9 II N W �Y � W w z W O=a�O rO�FNa n/ z �rH�o OWNLL.w Z�LL _ rv0_' � N OWWOF O�OFW Yx ❑wWWW QpT a<n U FNWXW' zr�JO LLmry - 0 p <Iwu w4�QLL w NOHa Q UwO�p rc O Oa i Qmw>W oY _ d o�oia > W°aaa� _ ❑ Y a w�an� a > W�WauaWo ' u� ❑ > a o °C L QOWzz a waaQ�? y _Um a 2 o y c oce» m m a1 o `m Ea - ac m o U o�° M Efl N D! 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Oz0>F=°OQ�nGf Oai3a N U U a Q W W m CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 755 AN ORDINANCE AMENDING THE CITY OF MONTICELLO ZONING ORDINANCE REGULATIONS RELATING TO BUILDING ARCHITECTURE IN THE R-1 AND R-2 SINGLE FAMILY RESIDENTIAL DISTRICTS WITHIN THE CITY OF MONTICELLO THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Table 3-5, R-1 Development Standards is amended to add the following as a footnote to Minimum Roof Pitch and Soffit requirements: (5) Roof gables shed roofs, dormers and porch roofs to allow for a lower pitch to incorporate as an architectural feature,provided no such exempted roof areas shall comprise any more than 20%of the total horizontal roof area o a single amily structure as measured from a bird's-eve plan view. Section 2. Table 3-6, R-2 Development Standards is amended to add the following as a footnote to Minimum Roof Pitch and Soffit requirements: (4) Roofzables shed roofs dormers and porch roofs to allow for a lower pitch to incorporate as an architectural feature,provided no such exempted roof areas shall comprise any more than 20%of the total horizontal roof area of structure as measured from a bird's eye plan view. Section 3. Section 4.11 (C)(2) is hereby amended to read as follows: A minimum of 15% of the front building facade of any structure in the R-1 or R-2 Districts, less the square footage area of windows and garage doors, shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Planning Commission may approve optional facade treatments prior to building permit when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features. Section 4. 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 1 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 5. 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. ADOPTED BY the Monticello City Council this 22"d day of February, 2021. Lloyd Hilgart, Mayo ATTEST: Vennifer Schreiber, City Clerk AYES: Davidson, Gabler, Hilgart, Hudgins, and Murdoff NAYS: None 2