Planning Commission Agenda 04-04-2006
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AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, April 4th, 2006
6:00 PM
Commissioners:
Rod Dragsten, Lloyd Hilgart, Craig Schibonski, William Spartz,
and Sandy Suchy
Council Liaison:
Glen Posusta
Staff:
Jeff O'Neill, Angela Schumann and Steve Grittman - NAC
I. Call to order.
2. Approval of the minutes of the regular Planning Commission meeting of Tuesday, February
7th, 2006.
3. Consideration of adding items to the agenda.
4. Citizen comments.
5.
Public Hearing - Consideration of a request for Conditional Use Permit for a professional
office in a B-1 (Neighborhood Business) District.
Applicant: Don Hickman
6.
Public Hearing - Consideration of a request for Conditional Use Permit to allow a drive-
in and convenience fast food establishment in a B-3 District.
Applicant: Tom Holthaus
7.
Public Hearing - Consideration of a request for Conditional Use Permit for a Concept
Stage Planned Unit Development for a nursing home and medical, health clinic and
professional office facility in a PZM (Performance Zone Mixed) District.
Applicant: St. Benedict's Senior Community
8.
Public Hearing - Consideration of an Amendment to Conditional Use Permit for a
Development Stage Planned Unit Development for an expansion to the Muller Theater.
Applicant: AMCON
9.
Public Hearing - Consideration of request for variance from the Monticello Zoning
Ordinance regulating wall and pylon signage and consideration of a request for rezoning
from B-3 (Highway Business) to B-4 (Regional Business) for the proposed Warnert
Retail plat.
Applicant: Miller Architects and Builders
(continued)
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10.
Public Hearing - Consideration of a request for an interim use permit for the relocation of
a billboard within Outlot A, Country Club Manor.
Applicant: City of Monticello
I L Consideration to approve a resolution of the City of Monticello Planning Commission
finding that a modification to the redevelopment plan for Central Monticello
Redevelopment Project No. I and a TIF plan for TIF District No. 1-37 conform to the
general plans for the development and redevelopment of the city.
Applicant: Karlsburger Foods, Inc.
12. Public Hearing - Consideration of a request for amendment to the Monticello
Comprehensive Plan relating to open space planning.
Applicant: City of Monticello
13. Public Hearing - Consideration of a request for amendment to the Monticello Subdivision
Ordinance, Section 11-6-1 (A), regulating park dedication requirements.
Applicant: City of Monticello
14. Consideration to review an update on signage as related to temporary sign ordinance.
15. Consideration of information regarding the 2006 Monticello Comprehensive Plan update.
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MINUTES
MONTICELLO PLANNING COMMISSION
WEDNESDAY MARCH 8th, 2006
6:00 PM
Commissioners Present:
Rod Dragsten, Lloyd Hilgart, Craig Schibonski, William Spartz, and
Sandy Suchy
Council Liaison Present:
Glen Posusta
Staff Present:
Jeff O'Neill, Angela Schumann and Steve Grittman - NAC
] . Call to order.
Chairman Dragsten called the meeting to order at 6:00 PM and declared a full quorum of the
Commission. Dragsten welcomed new Commissioner Craig Schibonski.
2. Approval of the minutes of the regular Planning Commission meeting ofTuesdav. Februarv 7th.
2006.
MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES OF TUESDA Y,
FEBRUARY 7, 2006.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 5-0.
3.
Consideration of adding items to the agenda.
NONE.
4. Citizen comments.
NONE.
5. Continued Public Hearing - Consideration of a request for variance to the sidevard setback
relating to the extension of a drivewav in an R-I (Single-Family Residential) District.
Applicant: Michael Moree
Grittman reviewed the staff report, stating that the variance is being requested to
expand the existing driveway to the edge of the property line. The ordinance requires
a three foot setback along property line edge. Grittman presented the applicant's site
survey, illustrating the location of proposed driveway. Grittman explained that the
extension of the driveway is proposed to accommodate parking a recreational vehicle.
The variance would accommodate the storage of a larger vehicle on that space.
Grittman stated that when considering variances, the Commission is required to make
a finding that there is a hardship in putting the subject property to reasonable use:
essentially that without variance, the applicant couldn't make reasonable use of their
property because of a physical condition.
Grittman indicated that to extend the driveway as proposed in this case would
eliminate a setback area intended to be used for screening plantings and also raises
potential for drainage issues. As staff has indicated in their report, Grittman stated
that they do not believe there is a hardship. Use is being made of the property now
Planning Commission Agenda 02/07/06
according within the parameters of the code. As a result, staff does not recommend
approval of the variance as it does not mect criteria warranting a hardship.
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Schibonski, asked how close to the house on the adjacent lot is to the property line.
Grittman responded that the house is shifted to the north property line. From the
photo that the applicant provided, the side of the adjacent home is visible and in
relatively close proximity to the existing driveway.
Spartz stated that there may not be a good answer, as to where people want to see
recreational vehicles stored. Spartz inquired whether there are alternate solutions to
the applicant's issue. Grittman stated that the eave of the house seems to be the
problem prohibiting storage of the larger vehicle on the existing driveway.
Dragsten noted that there is presently room for the current vehicle. However, the
applicant is proposing the driveway extension to store a new one that is tal1er.
Chairman Dragsten opened the public hearing.
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Mr. Moree, 9190 Oriole Lane, addressed the Commission through certified signing
interpreter Judy Leach. Moree stated that he currently has a travel trailer on the
property that he is using. The vehicle is parking under the eave of the building.
However, the eave is only 12 feet high, which won't work for the new vehicle. He
would like to move the driveway over to the property line, which he indicated that his
neighbor has no problem with. Moree stated that he doesn't want to pay for storage
elsewhere; he wants to be able to leave it on the property.
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Suchy stated that the Commission is obligated to find a hardship in granting a
variance. Suchy asked for Moree's opinion of what his hardship is. Moree responded
that he has considered parking the unit in the backyard, but because of the way the
land slopes upward he is concerned about safety.
Dragsten asked if Moree would be going around the garage to get to backyard. Moree
statcd that there is an al1ey behind the house that he could use, but there is at least a
three foot grade difference, so it would be difficult for parking. He noted that there is
a drainage area there that he does not want to impact.
Dragsten inquired whether the applicant has considered lowering the area beside the
garage so that the trailer would fit under the eave. Moree responded that lowering the
driveway may cause drainage issues, as well. He noted that there are also trees there
and possibly electrical lines. Dragsten commented that electrical lines might be in the
3' setback easement. Dragsten stated that trying to find a hardship in most requests is
difficult.
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Moree stated that three or four neighbors have their trailers have in the same location.
He commented that he doesn't know if there is a difference in the slope or if they have
simply moved their driveways out. Moree indicated that he does not feel he is being
treated fairly. Dragsten stated that he too, had noted that other homes have hard
surfaced the sides of their garages, although he doesn't know whether they were three
feet off the property line.
Schibonski had no comment.
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Planning Commission Agenda 02/07/06
Grittman stated that he is not aware of any variances granted for this kind of request.
O'Neill responded that contractors may do pave to the property line, but not with City
knowledge.
Grittman stated it isn't uncommon to have side drive aisles, in this case the
consideration is the location in relationship to the lot line. Our presumption is that
they should meet the code.
Moree stated that the slope ofthe land is different, so his situation is different.
Hilgart stated that he doesn't see that there is a hardship. He noted that unfortunately,
Moree is penalized for going through the proper channels in that the City doesn't
know if other people are following three foot rule. He stated that as far as he's
concerned, there is no hardship.
Dragsten commented that the vehicle storage does look nice on the side, as the idea is
to keep clutter neat and orderly. However, it appears hardship is not proved. He
recommended that perhaps Moree could mcet with City staff to discuss lowering the
area.
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Moree stated he wants to make it clear he wants to follow rules and appreciates thc
opportunity to come and discuss this. Dragsten stated that he would be willing to look
at alternate solutions. Grittman stated we could look at dropping elevations and that
City staff has the resources to assist the applicant in those areas.
Dragsten closed the public hearing.
MOTION BY COMMISSIONER HILGART TO DENY THE VARIANCE FROM
THE MINIMUM 3-FOOT SETBACK REQUIREMENT FOR DRIVEWAYS, BASED ON
THE FOLLOWING FINDINGS OF FACT:
a. That the property is currently being put to reasonable use without the need for
a driveway setback variance.
b. That the property is a fully conforming single family residential parcel.
c. That the proposed variance results from the actions ofthe applicant through
the intended parking of a large recreational vehicle in the side yard.
d. That the intent ofthe 3 foot setback is to ensure that there is room for
drainage from driveways to adjoining property lines. A zero setback from the
driveway to the property I ine may negatively impact the surrounding property.
MOTIN SECONDED BY COMMISSIONER SPARTZ.
MOTION CARRIED, 5-0.
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O'Neill stated that the applicant has the opportunity to appeal to the City Council.
The appeal request has to be made within 5 days.
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6.
Planning Commission Agenda 02/07/06
Consideration of a request for amendment to the Monticello Subdivision Ordinance,
Section 11-6-1( A), regulating park dedication requirements.
Applicant: City of Monticello
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Grittman stated that staff is requesting that this item be tabled at this time. He
indicated that it should be ready for the April meeting.
MOTION BY COMMISSIONER SUCHY TO TABLE THE REQUEST FOR
AMENDMENT TO THE MONTICELLO SUBDIVISION ORDINANCE
REGARDING PARK DEDICATION REQUIREMENTS TO THE APRIL
MEETING OF THE PLANNIN COMMISSION.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED.
O'Neill stated that they will be visiting the YMCA property and reviewing an asset
inventory for negotiations with the YMCA as part of comprehensive planning.
O'Neill also noted that the comp plan process is moving forward. O'Neill inquired
whether any of the Commissioners would like to be involved. Schibonski and Spartz
volunteered to serve on the reviewing committee, along with Chairman Dragsteb.
7. Consideration to review the recommended conditions for front yard storage in 1-2 areas
within the proposed amendment to the Open and Outdoor Storage ordinance.
Schibonski noted that this item was removed from the agenda.
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Grittman explained that the item was included for information purposes, as prior to
Council review, conditions of approval for front yard storage in the 1-2 will need to be
included in the proposed amendment. No action is required.
8.
Adiourn.
MOTION TO ADJOURN BY COMMISSIONER SPARTZ.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 5-0.
Angela Schumann, Recorder
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Planning Commission Agenda - 04/04/06
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Public HeariDl!: Consideration of a request for Conditional Use Permit to allow
a Professional Office Use in a B-1 District. Avvlicant: Don Hickman.
(ASINAC)
REFERENCE AND BACKGROUND
The applicant is the owner of a building at the corner of New Street and Broadway.
The property was rezoned to B-1 (Neighborhood Business) in November of2004.
The applicant had previously received a Conditional Use Permit to allow an office
supply store as a limited retail use under an amended B- I zoning designation. The B-
I district is designed to fit within residential neighborhoods, and is specifically
thought of as an acceptable "spot zone" as it is not usually contiguous to other
commercial uses.
The applicant is seeking a new conditional use permit to allow a prospective tenant,
the Quarry Church, to utilize the building as an office space. The applicant has
indicated that the church's proposed operating hours are Monday - Friday from
9 AM - 5 PM, and Sundays from 6 PM - 9 PM, with occasional day and evening
meetings outside of those hours. The applicant is proposing an interior remodel to
meet the church's needs. The applicant has noted that the exterior of the building,
including landscaping, lighting and building elevations, will not change.
Professional offices are allowed by code within the B-1 district, provided that the
following conditions can be met.
11-4[B] Professional and commercial (leased) offices:
L The services which are provided are for the local area rather than the community or
regIOn
2. The traffic generated will not raise traffic volumes beyond the capacity
of the surrounding area
3. The architectural appearance of the building housing the office use
shall reflect the building character ofthe area and shall not be so dissimilar as to cause
impairment of property values or constitute a blighting influence within the
neighborhood.
4. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
Based on the applicant's narrative and site plan, it would appear that the applicant is
able comply with these conditions. It should be noted that the proposed use can
generally be considered less intense than the previous retail use in terms of traffic
generation.
Based on parking requirements outlined by ordinance, the applicant is required to
provide approximately 9 spaces for the office space area, 2 spaces for the storage area
Planning Commission Agenda - 04/04/06
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and 2 for the apartment area. The applicant's site plan illustrates 15 spaces, which
exceeds parking requirements. The applicant should clarify the dimensions of these
spaces and whether the church will have use of the detached garage shown on the
plan.
In the conditions identified for the previous conditional use granted for the limited
retail use, the City required that the applicant provide additional site plantings to
mitigate the building wall and lighting impacts. Planning staff believes that
verification of that planting is still important and is a valid recommendation if not
already in place.
In considering this request, Commission should note that the site is surrounded by
other residential uses and R-2 residential zoning. In planning staffs opinion, a
residential use is the preferred land use, since it would continue the pattern of
residential use along Broadway, and be consistent with the current zoning, the
Comprehensive Plan, and the existing neighborhood.
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However, as the property has been rezoned to B-1, the ordinance states that the
purpose of the B 1 neighborhood business district is to "Provide for the establishment
of local centers for convenient limited office, retail or service outlets which deal
directly with the customer for whom the goods or services are furnished. These
centers are to provide services and goods only for the surrounding neighborhoods and
are not intended to draw customers from the entire community." The applicant's
request for an office use meets that intent.
In the applicant's request narrative, he questions the need for subsequent conditional
use permit requests. The individual district codes, including the B-1 district, is
designed to create opportunities for the Planning Commission and City Council to
review specific "conditional uses" based on the details unique to each request.
Although this may seem a cumbersome process, it is important that factors such as
traffic, intensity, lighting, signage, parking, etc. be reviewed in relationship to each
type of proposed conditional use. This is particularly important in a circumstance
such as this, where a proposed commercial use is surrounded by residential
properties. Should the applicant continue with a commercial office or professional
use, the conditional use permit will continue to be valid.
ALTERNATIVE ACTIONS
Decision 1: Conditional Use Permit for a Professional and Commercial (leased)
office.
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Planning Commission Agenda - 04/04/06
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I. Motion to recommend approval of the Conditional Use Permit for a
Professional and Commercial Office at 355 East Broadway with the
conditions as noted in Exhibit Z, based on a finding that the low-intensity
commercial use proposed meets the conditions required by code, is
compatible with the area, and is consistent with the purpose of the B-1 district.
2. Motion to recommend denial of the Conditional Use Permit for a Professional
and Commercial Office at 355 East Broadway, based on a finding that use
proposed is incompatible ,"vith the area
STAFF RECOMMENDATION
Staff recommends approval of the conditional use permit for the reasons noted in the
body of this report. The applicant has submitted a request for proposed a use which is
consistent with the intent of the B-1 district, and meets the code requirements for a
conditional use permit in the B-1 district. These findings are supported by the site
plan and narrative information provided by the applicant, which detail the parking,
site and building use, and the general operational detail for the proposed use.
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SUPPORTING DATA
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A.
B.
C.
D.
E.
F.
Z.
Aerial Image
Site Plan
Proposed Floor Plan
Applicant Narrative
Site Images
B-1 Zoning District Regulations
Conditions of Approval
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Planning Commission Agenda - 04/04/06
EXHIBIT Z
Conditions of Approval
Don Hickman - 355 East Broadway
04/04/06
1.
Signage for the site consistent with the requirements of the applicable zoning district.
2.
The applicant provide the noted information regarding parking space dimensions and
availability. A parking layout consistent with standard dimensional requirements for
angled parking will be required.
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Parking lot signage to direct traffic as to the one-way nature ofthe traffic flow.
4.
The applicant verify or provide additional tall shrub plantings to mitigate the impact
of the building wall on the west, and the lighting on the east, relative to the
neighboring residential uses.
5.
Other conditions as recommended by the Planning Commission.
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.
.
CHAPTER] I
"B- I" NEIGHBORHOOD BUSINESS DISTRICT
. SECTION:
1 I -I: Purpose
I ]-2: Permitted Uses
J] .3: Permitted !\cecssory lises
11-4: Conditional Uses
I I-I: PURPOSE: The purpose of the B-], neighborhood business, district is to provide for the
establishment of local centers for convenient. limited office, retail. or service outlets which
deal directly with the customer for whom the goods or services are furnished. These
centers are to provide services and goods only for the surrounding neighborhoods and are
not intended to draw customers from the entire community.
11-2: PER:VllTTED USES: The following are permitted uses in a B.I district:
[A] Barber shops
[BI Bcauty p'lrlors
.
[C]
Essential services
(<2 16. I /!25!91 )
11.3: PERMITTED ACC[SSOR Y USES: The following arc permitted accessory uses in a
8.1 district:
[A] COl11mcrcial or business buildings and structures for a use accessory to the
prineipalusc. but such use shall not cxceed thirty (30) percent of the gross 1100r
space oethe principal use.
[8] On~street parking as regulated by Chapter 3. Section S. of this ordinance but not
including semi-trailer trucks.
lC] Ofl~street loading as regulated by Chapter 3, Section 6. of this ordinance.
11-4: CONDITIONAL USES: The following are conditional uses in a B-1 district: (Requires a
conditional use permit based upon procedures set fortl1 in and regulated by Chapter 22 of
this ordinance.)
[AI
Governl11ental and public utility buildings and structures necessary for the health,
safety. and general welfare of the community provided that:
.
1I10NTICEl.LO ZONI'iG ORDIN~NCE
I I II
5F
.
.
.
I. Conformity with the surrounding neighborhood is maintained and required
setbacks and side yard requirements are met.
2.
Equipment is completely enclosed in a permanent structure with no outside
storage.
3. Adequate screening and landscaping from neighboring residential districts
is provided in accordance with Chapter 3, Section 2. of this ordinance.
4. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[B] Professional and commercial (leased) offices provided that:
1. The services which are provided are for the local area rather than the
community or region.
2. The traffIC generated will not raise trafflc volumes beyond the capacity of
the surrounding area.
3. The architectural appearance ofthc building housing the ol1ice use shall
reflect the building character of the area and shall not be so dissimilar as to
cause impairment of property values or constitute a blighting intlucnce
within the neighborhood.
4.
The provisions 01' Chaptcr 22 of this ordinance are considered and
satisCaetorily mct.
[C] Commercial planned unit de\'elopment .1S regulated by Chapter 20 of this
ordinance.
[D] Convenience grocery stores provided that:
1. The site is adequately served hy a collector street.
2. Access point to the site shall be limited to a collector street.
3. Curb cuts or access points shall be at least one hundred (100) feet li'om
the intersection oft\\<1 (2) streets,
4. Conlarmity with the surrounding neighborhood is maintained and required
setbacks are met.
5.
Adequate screening and landscaping hom neighborhood residential
districts is provided in accordance with Chapter 3. Section 2. of this
ordinance.
~IO\!TICELlO ZONING ORDINANCE
11/2
6. Traffic gen~rated by the proposed use does not exceed the capacity of
surrounding streets and intersections to accommodate it.
.
7.
The site shall conform to parking requirements as provided in Chapter 3.
Section 5. of this ordinance.
8. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
9. Building setback from residential uses must be 30 feet or greater.
10. Parking lot setback from residential LLses mLLst be 15 feet or greater.
11. The combined total or individual gross tloor area of convenience store
and/or laundromat establishments shall not exceed 3.000 sq ft in any single
B-1 district.
12. Hours of operation shall be limited to 5:00 a.m. to 11 :00 p.m.
13. The number of gas dispensers allowed is limited to one gas dispenser per
400 sq ft of retail floor area. with total dispensers not to e~ceed four.
[E] Laundromat. sdt~service washing and drying provided that:
.
I.
The site is adequately served by a collector street.
, -^ec~ss point to the site shall be limited to a colkctor street.
3. Curb euts or access points shall be at least one hundred (100) feet from
the intersection of two (2) streets.
4. Conformity with the surrounding neighborhood is maintained and required
setbacks arc met.
5. Adequate scn:ening and landscaping from neighborhood residential
districts is provided in accordance with Chapter 3. Section 2. of this
ordinance.
6. Traffic generated by the proposed use does not exceed the capacity of
surrounding streets and intersections to accommodate it.
7. The site shall eonfi.mll to parking requirements as provided in Chapter 3.
Section 5. of this ordinance.
.
8.
The provisions of Chapter 22 of this ordinance are considered and
satisJ'lctorily met.
MOc.:TICELLO ZONI:'>JG ORDIN.-\NCE
11/3
.
.
.
9. Building setback from residential uses must be 30 feet or greater.
10. Parking lot setback from residential uses must be 15 feet or greater.
II.
The combined total or individual gross tloor area of convenience store
and/or laundromat establishments shall not exceed 3.000 sq ft in any single
B-1 district.
]~. Ilours of operation shall be limited to 5:00 a.m. to I] :00 p.m.
(#216,11/25/91)
.~IONTICELLO ZONING ORDI'i.\'!CE
11/4
.
.
.
Planning Commission Agenda - 04/04/06
6.
Public Hearin!!:: Consideration of a request for a Conditional Use Permit for a
Convenience Food Establishment and Cross-Access Drivewavs in a B-3 zonin!!:
district. Applicant: Tom Holthaus/Taco John's. (NAC)
REFERENCE AND BACKGROUND
Tom Holthaus and Meyer Rohlin, Inc. have submitted an application for final plat for
the subdivision of Lots I and 2 of the Prairie Ponds yd Addition. Said subdivision
has been requested to accommodate the construction of a fast-food restaurant with
drive-thru on Lot I, Block 2 of the Prairie Ponds 3rd Addition. The property is zoned
B-4, General Business.
Comorehensive Plan: Monticello's Comprehensive Plan designates this area for
Business uses.
Zoninl!: The subject site is zoned B-3, HIghway Business, which is designed to
provide for and limit the establishment of motor vehicle oriented or dependent
commercial and
service activities.
CUP: The proposed use is a conditional use in the B-3 District, thus requiring a
Conditional Use Permit.
Final Plat: Though the Planning Commission does not customarily review final plat
information, the following review has been provided relative to the lot development.
The applicants have submitted an application for final plat for replatting of Lot I,
Block 2 of the Prairie Ponds 3'd Addition. Said subdivision will create a 2.99 acre
parcel for Lot I, and a .69 acre parcel for Lot 2. Lot I will be over 630 feet wide, and
Lot 2 will be 196.22 feet wide, both satisfying the 100 foot minimum requirement for
lot width.
Lot Requirements and Setbacks: The applicant has requested final plat of the said lot
to accommodate the development of Taco John's, a fast food restaurant with drive-
through window service. The proposed use will include a 2,402 square foot structure,
a drive-thru service lane, and off~street parking. According to the lot and setback
requirements for the B-4 District, the proposed use is in compliance with the
Ordinance as follows:
Front Yard Setback
Side Yard Setback
Rear Yard Setback
Lot Width
Re uired
o feet
o feet
o feet
100 feet
Pro osed
90.19
19.56
38
141.72
I
Planning Commission Agenda - 04/04/06
.
Parkin~. The proposed site plan illustrates a large parking lot to accommodate off-
street parking for customers. The City's parking requirement for restaurant is broken
down into I required space for every 40 square feet of dining area, and I space for
every 80 square feet of kitchen area. The applicant satisfies the minimum
requirement for off-street parking as follows:
Kitchen Area: 551 sf
Dining Area: 722 sf
Total Re uired:
Required Parking
S aces
7
18
25
33
Proposed Parking
S aces
The applicant has provided 8 parking stalls III excess of what is required by
Ordinance.
In addition to the number of spaces, the City requires that all parking spaces be set
back a minimum of 12 feet from all easements. This 12 foot setback is illustrated on
the site plan.
.
Buildin~ Desi~n- The applicant has submitted elevations and a floor plan for the
proposed structure. The applicant has indicated that the building design will mimic
the Taco John's franchise architecture. Staff has requested that the applicant provide
color samples or photos of other Taco John's restaurants to provide a more detailed
image of the building design. At development stage the City will require that any
trash enclosure contain materials similar to that of the principal structure.
Si~na~e: The applicant is proposing one pylon sign and three wall signs for the
structure. The City's Sign Ordinance provides two options for business in the B-3
District. Under Option B, a combination of wall signs one pylon sign may be
utilized.
The total number of business identification signs allowed is equal to the number of
streets upon which the property has legal frontage, in this case two. The total
maximum allowable sign area for any wall shall be determined by taking 10% of the
gross silhouette area of the front of the building up to 100 square feet, whichever is
less. In this case, 100 square feet shall be the maximum allowed per wall.
The total area allowed for pylon signs is determined according to speed limit. The
speed limit on School Blvd. in front of the site is 45 miles per hour. Thus, the
applicant is allowed a pylon sign not to exceed 150 square feet in area and 26 feet in
height.
The proposed signs for the site are as follows:
.
2
Planning Commission Agenda - 04/04/06
.
Pvlon Si n
Wall Si n 1
Wall Si n 2
WallSi n3
Allowed
150 sf
100 sf
100 sf
100 sf
Pro osed Area
58.34 sf (22 ft. tall)
83.42 sf
46.10 sf
46.10 sf
All signs are within the maximum allowable area and maximum height.
However, the applicant has proposed three wall signs instead of the two allowed by
Ordinance. The site contains frontage on Deegan Ave to the east and School Blvd to
the south, limiting them to two wall signs, one facing east and one facing south. The
third wall sign proposed on the west side of the building must be removed to comply
with the ordinance requirements.
Landscaoinl!: The Zoning Ordinance requires a minimum of one overstory tree for
every 50 lineal feet of site perimeter. The site perimeter is just over 700 feet,
requiring a minimum of 14 trees. The applicant has provided 9 Ash trees, 2 Colorado
Spruce, and 3 Black Hills Spruce trees, as indicated on the landscape plan. While the
number of trees provided does satisfy the minimum requirement, staff has requested
that the applicant revise the landscape plan to provide more dense vegetation in the
northwest corner of the site.
3
.
The northwest border of the site is less than 25 feet from a residential neighborhood.
This corner of the site also contains the drive-thru board. In order to provide
adequate screening for properties in the nearby residential neighborhood, staff has
requested that the applicant provide more dense vegetation in this area, including but
not limited to additional trees, dense shrubs, a solid fence, or any combination
thereof. Said screening shall extend from the drive-thru board to the portion of the lot
line in alignment with the rear of the building.
Staff has also requested that the applicant provide shrubs and/or rock mulch in lieu of
irrigated sod, as sod is typically difficult to maintain.
Circulation and Access: The applicant is proposing two entrances to the site, one off
School Blvd and one off Deegan Ave. The access off School Blvd will be a right-in,
right-out only. The applicant has also provided future connections to the properties to
the north and east.
Parking lot circulation will be accommodated by a 24 foot wide drive lane in the
south portion of the parking lot, and a 33.5 foot wide drive land for the remainder of
the lot which narrows to 24 feet near the drive thru lane entrance. The drive-thru lane
runs along the western perimeter of the site, with cars exiting into the south parking
lot. The City Engineer has recommended that this drive-thru lane be adjusted to
provide a connection to the exit lane onto School Blvd.
.
Planning Commission Agenda ~ 04/04/06
.
All drive-lanes and accesses are subject to further review and comment by the City
Engineer.
Gradin'i!, Draina'i!e, and Utilities: All grading, drainage and utility plans are subject
to review and comment by the City Engineer.
Photometric Plan: The applicant has submitted a photometric plan with footcandle
readings for the entire site. Said plan is subject to review and comment by the City
Building Official.
Other En'i!ineerin'i! Comments: Upon review of the site plan, the City Engineer has
provided the following comments:
. Site plan shall be revised to show the median on School Blvd.
. Site plan shall be revised to show the existing bituminous path along the
southern perimeter of the site.
. A 5- foot wide sidewalk shall be provided along the eastern perimeter of the
site, I foot off the right-of-way.
. Western storm sewer line shall be shifted to the east.
ALTERNATIVE ACTIONS
.
Decision 1: Conditional Use Permit for Taco Johns
1. Motion to recommend approval of the Conditional Use Permit for
Taco Johns, subject to the conditions found in Exhibit Z.
2. Motion to recommend denial of the Conditional Use Permit, based on
a tlnding that the site is inappropriate for the requested use.
STAFF RECOMMENDATION
Staffrecommends approval of the CUP, with the conditions in Exhibit Z. As a part of
the review process, staff has had the opportunity to meet with the applicants and
present staff's concerns. The applicants have indicated that they should be able to
meet the conditions and will be submitted revised plans for Council review.
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4
Planning Commission Agenda ~ 04/04/06
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SUPPORTING DATA
A. Aerial Image
B. Applicant Submittal Package, Including:
a. Signage Detail
b. Site Plan & Certified Survey
c. Grading, Drainage & Erosion Control Plan
d. Utility Plan
e. Floor Plan
f. Building Elevations
g. Lighting Plan
Z. Conditions of Approval
Exhibit Z
Conditions of Approval
Taco John's
l. The wall sign on the west side of the building shall be removed.
.
2.
The landscape plan shall be revised to provide additional screening in the
northwest corner of the site. Said screening may be accomplished through dense
vegetation, a solid fence, or any combination thereof. Proposed sod shall be
removed and replaced with shrubs and/or sock mulch.
3. The applicant shall submit sample colors or building photos and verify that
materials of the trash enclosure ",ill match those of the principal structure.
4. The volume of the drive-through communication systems shall not be audible
from the nearby residential area. A sound/decibel qualification may be required
at the time of building permit.
5. Photometric plan is subject to approval by the City Building Official.
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5
http://156.99 .28. 84/servlet/com.esri.esrimap.Esrimap?ServiceName=CustomParcel&CIient V ersion=3.1 &... 3/21/2006
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Planning Commission Agenda - 04/04/06
7.
Public Hearin!!: Consideration of a request for a Conditional Use Permit for a
Concept Sta!!e Planned Unit Development for a mixed-use residential/office
development incIudin!! a nursin!! home and medical. health clinic and
professional office. Applicant: St. Benedict's Senior Communitv.
REFERENCE AND BACKGROUND
The applicant has requested that the application be withdrawn at this time.
.
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Planning Commission Agenda - 04/04/06
8.
Public Hearinl!:: Consideration of a request for an amendment to a Conditional
Use Permit for a Development Stal!:e Planninl!: Unit Development for an
exoansion to the Muller Theatre. Applicant: AMCON/MulIer Theatres. (NAC)
REFERENCE AND BACKGROUND
AMCON, on behalf of Muller Theaters, has applied for an amendment to a
Conditional Use Permit to allow construction of an addition to an existing theater
building at Highway 25 and School Boulevard in Monticello. The addition would
consist of one new large-format theater with 569 seats.
The original conditional use permit for PUD was granted based on a finding that the
use was suitable to the area and consistent with the City's long range land use plan.
In fact, the City rezoned the plat of Jefferson Commons to B-4 during the time it
considered the conditional use permit for the theater, believing the B-4 zone to the
appropriate for this area of the city.
In granting the original PUD, the Commission and Council also reviewed the
theater's site and building design. The proposed expansion is consistent with the
original design.
As such, this report provides a simple summary of the expansion on the premise that
the use and basic site design continue to be consistent with the City's plan for the
area.
Dimensions of Theater Expansion
. 569 new seats
. 2,737 existing seats
. 9,7] 7 square feet total floor area- addition
. I, JOO s.f. projection booth- mezzanine level addition
. 96,429 total square feet- building with additions
Parking
. Monticello Zoning Ordinance requires one parking space for every five seats
for theaters not part of original plat of city (check plat status for theater).
. 569 seats / 5 = I ] 4 additional parking demand from new theater facility
. 2,737 existing seats + 569 new seats = 3306/5 = 661 parking spaces- theater
. 11,590 s.f. retail @ 1 space per 200 square feet = 58 stalls
. 719 total parking stalls are required on site (applicants calculations), 719
provided
. New parking area \",ill provide all required spaces for new theater use
. Parking expansion will include existing overhead power poles, which will
remain in the parking lot, surrounded by curbs and landscaped with trees.
Planning Commission Agenda - 04/04/06
.
Landscaping
. Landscaping plans show additional under story deciduous trees, perennials,
shrubs, and evergreen trees.
. Several tree and shrub species are used, including crabapple, lilac, maple,
pine, and arborvitae.
. Shrubs are placed near the new theater building
. The city requires I tree per 50 lineal foot
. Perimeter expansion is 854 lineal feet @ I tree per 50 = 17 additional trees
. A total of 17 trees are proposed. Maples are clustered around the theater,
while crabapples are spread through the parking lot.
Circulation
. The existing building has a drive aisle with some additional parking located
behind the building.
. The addition would relocate the aisle on the west side, eliminating some
parking spaces while providing some replacement stalls. New concrete
walkways would be installed to access the new theater.
. Additional crosswalk signage and striping will be necessary to provide safe
pedestrian travel through the new parking area
. Staff is working with the applicants to refine the westerly driveway location
and design at it relates to the future commercial development to the north, and
it's intersection with School Boulevard.
.
Signage
. There is no additional signage proposed for the expansion.
ALTERNATIVE ACTIONS
Decision I: Development Stage Planned Unit Development for
I. Motion to recommend approval of the Development Stage PUD amendment
for AMCON/Muller Theatre, based on a finding that the proposed addition is
consistent with the requirements of the zoning ordinance, as well as the
conditions required of the original PUD. The recommendation is conditioned
on:
a.
The applicant's continuation of work with staff on the westerly
driveway design
Review of the City Engineer for final engineering detail.
Final lighting plan subject to the review of the Building Official.
b.
c.
2. Motion to recommend denial of the PUD for AMCON/Muller Theatre, based
on a finding that the site is inadequate to serve the proposed project.
.
2
Planning Commission Agenda - 04/04/06
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STAFF RECOMMENDATION
Staffrecommends approval of the Development Stage PUD as proposed, with two
conditions. First, the applicant will need to continue to work with staff on the
alignment of the westerly driveway as noted in this report. Second, the applicant will
need to work with the City Engineer to finalize engineering details. Last, the final
lighting on site will be subject to the review of the City's Building Official.
SUPPORTING DATA
A. Aerial Image
B. Applicant Submittal Package, Including:
a. Landscaping Site Plan
b. Existing Conditions and Removals
c. Grading, Drainage and Erosion Control
d. Utilities
e. Site Plan wlParking Calculations
f. Floor Plan
g. Elevation Plan
.
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3/21/2006
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Planning Commission Agenda - 04/04/06
9.
Public Hearin!!:: Consideration of a reqnest for a variance for the Monticello
Zonin!!: Ordinance re!!:ulatin wall and pvlon si!!:na!!:e and consideration of a
request for rezonin!!: from B-3 (Highwav Business) to B-4 (Regional Business).
Applicant: Miller Architects & Builders. (NAC)
REFERENCE AND BACKGROUND
Miller Architects & Builders has applied for rezoning from B-3, Highway Business,
to B-4, Regional Business for the proposed Warnert Retail plat. The subject site is a
commercial PUD, located at 728 8th Ave. S. and is a commercial development with
potential for a variety of retail uses. The north portion of the site is proposed to
contain a retail pharmacy, while the south portion of the site has potential for 6 retail
businesses.
Rezoning. The applicant is requesting rezoning of the subject site from B-3 to B-4.
The B-3, Highway Business and B-4, Regional Business, both offer a mix of retail
and services as permitted uses. The purpose of the B-4 regional business district is to
provide for the establishment of commercial and service activities which draw from
and serve customers from the entire community or region. Rezoning the property to
B-4 would ensure greater compliance for assorted retail uses in Building B. The
proposed rezoning is consistent with the goals and objectives set forth in the
Monticello Comprehensive Plan.
Variance. The applicant is applying for a variance from the City's Sign Ordinance
for pylon and wall signs on both buildings on site. Variance requests are considered
where it is alleged by the applicant that a non-economic hardship in the reasonable
use of a specific parcel of property exists. Essentially, the applicant must show that
the hardship condition interferes 'with putting the property to a reasonable use, and
that the condition is unique to the property and is not created by the applicant or
owner. Without a finding that such conditions exist, the ordinance does not permit
the City to grant a variance.
Sign age. The applicant is proposing to deviate from the requirements of the City's
Sign Ordinance, for all proposed signs, as illustrated below:
Si na e Location
Building A Wall signs
Maximum Allowed s.f.
100 square feet on each of
three sides facing street, up
to 300 total for the building
100 s uare feet
197.4 square feet (5% of
main fat(ade of building)
100 square feet
Pro osed s.f.
436 square feet; 152 on front
& rear, 66 on each side
Building A Pylon sign
Building B Wall signs
139 square feet
367 square feet
Building B Pylon sign
108 square feet
I
Planning Commission Agenda - 04/04/06
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Buildin!! A- "National Retailer" Pvlon Si!!na!!e
Proposed Signage
The proposed pylon sign is a 25 foot high illuminated sign with a backlit Lucite sign
on top of pylon with a reader board sign below. The Lucite sign measures 16.75 by
5.33 feet, for a total of 89.33 square feet and the reader board measures 3.75 by 10.92
feet, for a total of 40.95 feet. A total of 130.3 square feet of signage on pylon sign
proposed.
Allowed in District
The property faces Highway 25 and Chelsea Road. The ordinance has separate
requirements for different roads, based on classification, but permits businesses on
such corner lots to utilize the less restrictive of the requirements. For Building A, this
would result in a maximum sign area of 100 square feet and 24 feet in height.
Electronic Message boards are allowed, but must comply with extra provisions, such
as being located no less than five feet from parking areas. The proposed sign exceeds
the height by one foot, and the total area by 39 square feet.
Buildin!! A - Wall Si!!na!!e
.
Proposed Signage
A total of 436 square feet of \"iall signage is proposed for Building A. Said signage is
as follows:
. 4 signs proposed on both west and north elevations
o Total sign area is 152 sq. ft. on each fac;ade.
o Not indicated, but assumed three product identification signs each
o Larger business identification sign
. One sign on both south and east elevation
o 66 square feet each, business identification signage.
Allowed in District
The total allowable signage on the Building A site is 300 square feet. If 100 square
feet is assigned to the pylon, 200 square feet may be applied to the wall signage of the
building. The proposal is for more than double the allowance.
For a variance to be granted for Building A, the applicant must show that the property
has some unique condition that interferes with putting the land to reasonable use,
consistent with the ordinance. The site itself is a highly visible location, at a
signalized intersection of two major roadways. There is no apparent condition that
would constitute a hardship on this property.
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2
Planning Commission Agenda - 04/04/06
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Buildinl! B - Pvlon Sil!nal!e
Proposed Signage
The applicant is proposing a pylon sign measuring 12 by 9 feet, for a total of 108 s.f.
Allowed in District
Code allows 3.03 square feet per 10 lineal feet on Highway 25, up to 100 s.f. The
property is allowed up to 100 square feet, as the Highway 25 frontage is greater than
330 feet. The sign would need to be reduced by a total of 8 square feet to meet the
applicable regulations.
Buildinl! B - Wall Sil!nal!e
Proposed
The applicant is proposing wall signage on "Building B", a multi-tenant shopping
center. A total of II wall signs are proposed, spread across three building walls. Signs
on the front fa<;ade range from 30 to 39.2 s.f. and signs on the rear signs range from
17 to 39.2 s.L A total of367 s.f. of wall signage is proposed for the property
.
Allowed
As a parcel with two frontages (Highway 25 and Cedar Street, shopping centers are
permitted as much as 10% of their fayade area to be utilized for business
identification signage. The building fayade in this case totals 3,948 square feet. As
such, the 367 square feet of wall signage is consistent with the regulations.
ALTERNATIVE ACTIONS
Decision 1: Variance for total sign area, pylon sign area, and pylon sign height for
Building A, Lot I, Block I of the proposed plat ofWarnert Retail.
1. Motion to approve the variance for signage on Building A , Lot I, Block I of
the proposed plat ofWarnert Retail, based on a finding that the site has a
condition that interferes with reasonable business identification and requires
extensive additional signage to overcome the hardship created by the
condition.
2. Motion to deny the variance for signage on Building A , Lot I, Block I of the
proposed plat of Warnert Retail, based on a finding that no conditions exist
that interfere ",ith reasonable business identification. Signage for this site
should be redesigned to comply with the regulations identified in the zoning
ordinance.
.
3
Planning Commission Agenda - 04/04/06
,-~
Decision 2: Variance for pylon sign area for Building B, Lot 2, Block of the
proposed plat ofWarnert Retail.
I. Motion to approve the variance for signage on Building B, Lot 2, Block I, of
the proposed plat of Warnert Retail, based on a finding that the site has a
condition that interferes with reasonable business identification and requires
extensive additional signage to overcome the hardship created by the
condition.
2. Motion to deny the variance for signage on Building B, Lot 2, Block of the
proposed plat ofWarnert Retail based on a finding that no conditions exist
that interfere with reasonable business identification. Signage for this site
should be redesigned to comply with the regulations identified in the zoning
ordinance.
Decision 3. Rezoning of the property from B-3 to B-4
I. Motion to recommend approval of the rezoning for the proposed plat of
Warnert Retail, based on a finding that the B-4 district best reflects the long
term land use for this property.
2. Motion to recommend denial of the rezoning for the proposed plat ofWarnert
Retail, based on a finding that the B-3 district best reflects the long term land
use for this property.
STAFF RECOMMENDATION
Staff recommends denial of the variances. There are no conditions or hardships
present that meet any of the ordinance criteria for variance consideration on this site.
The sign ordinance allowances provided to businesses have been specifically
designed to be appropriate to the Highway 25 corridor, given speed and location of
adjacent roadways. Approval of this variance creates an advantage over other
conforming sign systems in the area and could have an adverse effect of creating
additional requests for larger, non-conforming sign systems.
Staff recommends approval of the rezoning. The B-4 district serves as the City's
primary retailing zoning district and fits this site, consistent with the uses along the
Highway 25 corridor. The rezoning is consistent with the City's long range land use
plan.
-.
4
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SUPPORTING DATA
A. Aerial Image
B. Application Request
C. Title Page/Location Map
D. Site Plan
E. Building A Elevations
F. Building B Elevations
G. Sign Detail
H. B-3 Zoning District Regulations
r. B-4 Zoning District Regulations
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Planning Commission Agenda - 04/04/06
9A Page 1 of2
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file://C:\DOCUME-I \ANGELA-l.CI\LOCALS-1 \Temp\OOHVHJL5.htm
3/23/2006
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,<lNG: (CHECK APPROPRIATE BOX& CIRCLE APPROPRIATE DISTRICT)
.culturallOpen Space AO
,.;!sidential RI RIA Rl RlA R3 R4 R-PUD PZR
Business PZM BI B2 C!D B4 CCD
Industrial I -I I -IA I -2
OR ZONING MAP AMENDMENT Proposed Zoning: ~I.<.,.l I\~ ~'-I
FOR SIMPLE SUBDIVISION Size of Parcel to Be Divided:
FOR SUBDIVISION PLAT ONLY Proposed Name of Plat: Wevk....{. ~.J...'. \
Total Acres in Parcel to be Platted:
Name of Firm Prep aring Subdivision Plat:
Address:
City: State: Zip Code:
Primary Contact Name: E-Mail Address:
Day Pho ne No.: FAX No.:
DESCRIBE REQUEST:
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---'~---'~--------.._----._-_._---- ----..------.--------,..-- .. --------.-..---~. "_____n -----_~________.w_____~__.___.______. ______....___.____________________________________
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FOR VARIANCE ONLY: Please identify the unique property conditions or hardships that justify granting ofa variance.
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----------------------_._-----~-_._---_.~--------------~--_._--~-------------_._---------------------------------
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913
.
BY:
DATE:
APPLICATIONS WILL ONLY BE ACCEPTED WITH ALL REQUIRED SUPPORTING DOCUM ENTS
FOR OFFlCE USE ONL Y
DEADLINE FOR AGENCY ACTION
, MAR - 6 2005
DATE APPLICATION RECEIVED:
o
60 Days:
"-'.'.'--"-
o
120 Days:
FEE RECEIPT NUMBER:
o Waiver Received:
APPLICATION DEEMED COMPLETE
NOTICE SENT:
CASE ASSIGNMENT:
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1
. SECTION:
CHAPTER ]3
9H
"B-3" f1IGfIWA Y BL'SINESS DISTRICT
13-1: Purpose
13-2: Permitted Uses
13-3: Permitted Accessory [;ses
13-4: Conditional Uses
13-5: Interim Uses
13-1: PURPOSE: The purpose of the "B-3." highway business. district is to provide for and limit
the establishment of motor vehicle oriented or dependent commercial and service activities.
13-2: PERMITTED USES: The following are permitted uses in a "B-3" district:
[A]
[BJ
re]
. ID]
IE]
All permitted uses as allowed in a B-] and B-2 district.
Auto accessory stun:.
Commercial recreatiol1aluses.
Motels. motor motels. and hotels provided that the lot area contains not less than
five hundred (SOO) square feet of lot area per unit.
Restaurants. cales. tea rooms. taverns. and ofJ~sale liquor. provided that the use is
l10t located within 300 ft ofa residential zone.
(#258.09/26/94)
IF] Private cluhs or lodges serving food and beverages with use being restricted to
members and their guests. Adequate dining room. kitchen. and bar space must be
provided according to standards imposed upon similar unrestricted customer
operations. The serving of alcoholic beverages to members and their guests shall
be allowed. providing that such service is in compliance with applicable federal.
state. and municipal regulations. Oftlces of such use shall be limited to no more
than twenty (20) percent of the gross 1100r area of the building.
IGJ Taxi terminals. stand. and ofliees.
IHJ Small Pl'inting or publishing business employing six (6) or less persons.
.
1\IOI\iTICELLO ZONt'.:G ORDtNANCE
13/1
.
.
.
13-3: PERMITTED ACCESSORY IJSES: The following are permitted accessory uses in a
"B_3" district:
fA] All permitted accessory uses as allowed in a "B-2." limited ousiness. district.
[8]
Adult Use/Accessory
(#217.011l3/92)
13-4: CONDITIONAL USES: The following are conditional uses in a "B-3" district: (Requires
a conditional use pcrmit oased upon proccdures set forth in and regulated by Chapter 22
of this ordinance.)
[A] Drive-in and convenience food establishments provided that:
1. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting inf1uence within a
reasonable distance of lot.
2. At the boumlaries of a residential district. a strip of not less than five (3)
feet sh,dl be landscapcd and screcned in compliance with Chapter 3.
Secti,,,, 2ltiJ. of this ordinance,
3. Each light ,..;tundard island and all islands in the parkLng lot landscaped or
co\'cn....'d.
4.
l"lrking areas shall be screencd from view ol'abutting residential districts in
compliance' with Chapter J, Section 2 [GI. of this ordinance.
), l"ll-king areas and dri\eways shall be curbed with continuous curb not less
than six (h) inches high above the parking lot or ch-i\e\\ay grade,
6. Vehicular 'leeess points shall be limited, shall create a minimum of conflict
"ith through tranic movements. shall comply with Chapter J. Section 3, of
this nrdinancc. and shall be subject to the approval of the City Engineer.
7. Alllighling shall be hooded and so directed that the light source is not
visihle li'nm lhe public right-ot~way or from an abutting ,-esidence and shall
hc' in cnmpliance \vitb Chapter 3. Section 2lflJ. o["this ordinance.
8. The L'ntire area shall have a drainage system "hich is subject to the
approval nfth" City Engineer.
9.
The L'ntirc' are'a other than that occupied by buildings or structure or
plantings shall be surtclCed with a material whieh will control dust and
drainage and "hlch is subject to the approval of the City Engineer.
MONTICEtLO ZONING ORDIN-\NCE
13/2
.
.
.
J O. ;\11 signing and informational or visual communication devices shall be in
compliance with Chapter 3. Scction 9. of this ordinance.
II.
The provisions of Chapter 22 of this ordinance are considered and
salislactorily met.
113[ CARW/\SHES (DRIVE THROUGH. MECHANICAL AND SELF-
SERVICE) PROVIDED THAT:
I. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
2. Magazining or stacking space is constructed to accommodate that number
of vehicles which can be washed during a maximum thirty (30) minute
period and shall be subject to the approval of the City Engineer.
3. At the boundaries of'a residential district. a strip of not less than I,ve (5)
ICe! shall be landscaped and screened in compliance with Chapter 3.
Section:2 IG I. of this ordinancc.
4. !'ach light standard island and a]1 islands in the parking lot landscaped or
cu\cred.
5.
Parking or car nwgazil1c storage- space shall be screened from vie\v of
ahutting residential districts in compliance with Chapter 3. Section 2 [GJ.
of this ordinance.
6. Thc' entire area other than occupied b> the buildings or plantings shall be
surt'lced with material which will control dust and drainage which is subject
to the approval ofthc City Enginecr.
7. Thc entire area shall hine a drainage system which is subject to the
approval of th.: City Engine.:r.
8. All lighting shal] b.: hooded and so directed tlwt the light source is not
\isible li'om th.: public right-ol~way or hum an abutting residence and shall
he in compliance with Chapter 3. Section 2 [H]. of this ot'dinance.
9. Vehicular access points shal] he limitcd. shall create a minimulTI of conflict
with through tranic mo\emcnt and shall he subject to the approval of the
City Engineer.
10.
A[l ,igning and inl(>rInatinnal or visual communication devices shall be in
compliance with Chapter 3, Section 9. of this ordinance.
IvIONTtCTLLCJ ZONINC, ORDtN..\NCE
13/3
.
.
.
11. Provisions are made to control and reduce noise.
]2. Thc provisions of Chapter 22 ot'this ordinance are considered and
satisfactorily met.
[C)
MOTOR FUEL STATION. MOTOR FUEL STA nON/CONVENIENCE
STORE. AUTO REPAIR-MINOR. AND TIRE AND BATTERY STORES
AND SER VICE PROVIDED THA T:
]. Regardless of whether the dispensing, sale, or offering for sale of motor
fuels and/or oil incidental to the conduct of the use or business. the
standards and requirements imposed by this ordinance for motor fuel
stations shall apply. These standards and requiremems are, however. in
addition to other requirements which are imposed for other uses of the
property.
2. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting inlluence within a
reasonable distance of the lot.
3. Thc entire site other than that taken up by a building. structure, or plamings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City Engineer.
4.
A minimum lot area oft\\enty-t\Vo thousand tlve hundred (22.S00) square
teet and minimum lot dimensions of one hundredlitiy (ISO) ICet by one
hundred thirty (] 30) leet.
S. A drainage system subject to thc approval of the City Engineer shall be
installed.
6. A curb not less than six (6) inches above grade shall separate the public
sidewalk from motor vehicle service areas.
7. The lighting shall be accomplished in such a way as to ha\"e no direct
source of light visible from adjacent land in residential use or from the
public right-ol~way and shall be in compliance with Chapter 3. Section
2 [H]. of this ordinance.
8. Wherever fuel pumps are to be installed. pump islands shall be installed.
9.
At the boundaries of a residential district a strip of not kss than five (S)
feet shall be landscaped and screened in compliance with Chapter 3,
Section 7 [G). of this ordinance.
.~IONTICELLO ZONtNG ORDt'iA'iCE
13/4
.
.
.
10. Each light standard landscaped.
]1.
Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3. Section 2 [G].
of this ordinance.
]2. Vehicular access points shall create a minimum of conflict with through
traffic movement. shall comply with Chapter 3. Section 5. of this
ordinance. and shall be subject to the approval of the City Engineer.
]3. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Chapter 3, Section 9, of this
ordinance.
]4. Provisions are made to control and reduce noise.
15. No outside storage except as allowed in compliance with Chapter] 3,
Section 4. of this ordinance.
] 6. Sale of products othcr than those speciiically mentioned in Chapter 13.
Section 4. be subject to a conditional use permit and be in compliance with
Chapter 13. Section 4 [F], of this ordinance.
17.
All conditions pertaining to a specitic site arc subject to changc when the
Council. upon investigation in relation to a formal request. finds that the
gcneral welfare and public betterment can be served as \lell or belter by
modifYing the conditions.
18. The provisions of Chapter 22 of this ordinance arc considered and
satisfactorily mct.
[D] New and used automobile/light truck sales and displa,' provided that:
I. The minimum building size for any auto sales use shall comply with the
following standards:
Parcel Size
Lot Coverage Pereent*
Minimum Building Size*
(j P to 2 acres
5%
2.500 sq uare feet
More than 2 acres to -4 aCt'es
]0%>
] 0.000 square feet
40.000 square feet
More than 4 acres
I -0/
) /0
'Wbichever requires the lat'ger building.
(#351. 8/14/00)
rvlONTICELLO ZONING ORDIN.-\NCE
]3/5
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.
.
2. Outside saks anu display areas are lenced or scrcened from view of
neighboring residential uses or an abutting 'OR" district in compliance with
Chaptcr 3. Section 2 [GJ. of this ordinance.
.Y.
,\11 lighting shall DC huudc:d and su directed thatth" light :;uuree shall not
be visible from the public right-of-way or from neighboring residences. and
shall be in compliance with Chapter 3. Section 2 [HJ. of this ordinance.
4. The outside sales and display area shall be hard surfaced.
5. The outside sales and display area does not utilize parking spaces which
arc required for conformance with this ordinance.
6. Vehicular access points shall create a minimum of conflict with through
traffic movement. shall comply with Chapter 3. Section 5. of this
ordinance. and shall be subject to the approval of the City Engineer.
7. There is a minimum lot area of twenty-two thousand live hundred (22.500)
square feet and minimum lot dimensions of one hundred lilty (150) feet by
one hundred thirty (130) feet.
8. A drainage system subject to the approval of the City Engineer shall be
instalkd.
9.
All signing shall be in compliance with Chapter 3. Section 9. of this
ordinance.
10. The prl1lisil1ns l1f Chapter 22 of this ordinancc are considered and
s<llisL!ctoriillllct.
[[J Opcn and outeil1or :;tl1ragc as a principal or accessory use provided that:
I.
The area is fl:nc~d and screened from view- of neighboring residential uses
or if abutting an "R" district in cl1mpliance \\ith Ch'lpter 3. Section 2 [GJ.
of this ordinance.
,
Stl)rage is scrcened II'om view from the public right-of.."ay in compliance
"ith Chal'ter ~. Se'Ctioll 2 [GJ. of this ordinanCe.
,
J.
Storage area is grassed or surlaced to control dust.
4.
All lighting shall he hooded and so directed that the light source shall not
be' \'isiblc from the t'ight-ol~way or li'om neighboring residences and shall
be in e,)mpliance with Chapter 3. Section 2 [HJ. of this ordinance.
MONTlCELLO Z00;t]';G ORDIN.-\?\CE
13/6
.
.
.
5.
Does not take up parking space as required for eonfomlity to this
ordinance.
6.
The provisions of Chapter 22 of this ordinance are considered and
s<ll;:)f~H.;lurjl) ll1d.
I FJ Open or outdoor service, sale, and rental as a principal or accessory use and
including saks in or Irom motorized whicles, trailers, or wagons provided that:
I. Outside services, sales and equipment rental connected with the principal
uses is limited to thirty (30) percent of the gross floor area of the principal
use. This percentage may be increased as a condition of the conditional
use permit.
2. .Outside sales areas arc fenced or screened from view of neighboring
residential uses or abutting "R" district in compliance with Chapter 3,
Section 2 [GJ, of this ordinance.
3. All lighting shall be hooded and so directed that the light source shall not
be visible li'om the pub I ie right-or-vvay or li'om neighboring residences and
shall be in compliance witb Chapter}, Section 2 [H]. of this ordinance.
+. Sales area is gl'assed or surf'lced to Cllntrol dust.
5.
Docs not take up parking space as required for conformity to this
ordinance.
6. The provisions or Chapter 22 or this ordinance arc considered and
satisl'lctorily met.
[ei I Accessory. enclosed retail. renteil. or service activity other than that allowed as a
permitted use or conditional use within this scction provided that:
I.
Such use is allowed as '1 permitted USe in a "B-1" or "B-2" district.
o
Such use docs not constitute morc than thirty (30) percent of the lot area
and not morc than fitly (50) pcrcent of the gross floor area of the principal
usc.
3. j\lkquate on~strc:et parking and ot1~street loading in compliance with the
requirements of Chapter 3. Sc:ctions 5 and 6, of this ordinance is provided.
-I. All signing and inll1J'lnational or visual cOll1lllunication devices shall be in
compliance with Chaptc:r 3. Scc:tion 9. of this ordinance.
MONTICELLO ZON [:\G ORDINANCE
13/7
.
.
.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[H] Shopping Center.
[I]
Animal Pet Clinics.
1. Annual inspection by City's health officer at owner's expense.
2. All pets must be leashed.
3. Treatment to be limited to household pets.
[l] Pet hospitals with the following condition:
I. No outside pens or kennels.
2. Annual inspection by City Health Of1icer at owner's expense.
3. i'dl animals must be leashed.
.t. Treatmcnt would be limited to small domesticated animals.
).
No outside storage of carcasses.
(#3M. 'l!10/(1)
IK] Commercial storage contained entirely within a building.
[I.] Commercial planned unit dcvelopment as regulated by Chapter 20 of this
ordinance.
(M] Consignment auction sales and/or auction sales.
I. The architectural appearance and l~ll1ction plan of the building and site shall
not bc so dissimilar to the existing buildings or area as to cause impairment
in property values or constitute a blighting influence within a reasonable
distance of the lot.
7 At the boundaries of residential districts. a strip of not less than 5 feet shall
be landscaped and screened in compliance with Chapter 3. Section 2 (G].
of this ordinance.
3. Any light standard islands and all islands in the parking lot shall be
landscaped or cm'erecl.
MONTICEI"LO ZO\lING ORDtNANCE
13/8
4. Parking areas shall be screened li'om view of abutting residential districts
in compliance with Chapter 3. Section 5 [GI. of this ordinance.
.
5. Parking areas and driveways shall comply with Chapter 3, Section 5 [0].
6.
Vehicular access points shall be limited, shall create a minimum of conflict
through trul1Ic movements. shall comply with Chapter 3. Section 5, of this
ordinance. and shall be subject to the approval of the City Engineer.
7. All lighting shall be hooded and so directed that the light source is not
visible from the public right-ot:way or from an abutting residence and
shall be in compliance with Chapter 3. Section 2 [!-I], of this ordinance.
8. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
9. All signing and information or visual communication devices sl1all be in
compliance with Chapter 3. Section 9.
10. lh.. provisions of Chapter 22 of this ordinance arc considered and
satisIClCtorily met.
II.
All conditions pertaining to a specilic site are subject to change when the
Council. upon investigation in relation to a formal request. linds that the
general welt'lre and public bctterment can be served as well or better by
111udi(ving lilt? conditions.
.
11. OutsidL' sales areas arc fenced or screened frolll vie\\'- or neighboring
residential uses or abutting residential districts in compliance with
Chelflter 3. Section 2 [GI. of this ordinance.
13. Outside sales connected with the principal use is limited to 30% of the
gross floor area of the principal building. This percentage nwv be
increased as a condition of the conditional use pcrmit.
14. Outside sales may not take up parking space as required lor conformity to
the ordinance requirement.
15. No pets or li""stock may be sold at this auction sales l'lcility.
16. Provisions must be made to control and reduce noise when adjacent to a
residential zoning district.
17.
1\11 outsilk storage shall be effectively screened from public vie\\' in
aeCllrdance \vith Chapter 3. Section 2 [G]. and limited to 10% of the
gross 11001' area l)rth~ princip;Jlusc building.
.
~IO!\lTICELLO ZONI"G ORDIJ\A~CE
13/9
1. The proposed use must meet all conditions of Chapter 3. Section 4 [A].
IN I Outdoor go-kart tracks provided that:
.
~
The cundiliollUI Lise permit \\ill be rev ie\\ed yeurly tu determine whether ur
not it is compatible with neighboring properties and in conformance with
conditiuns of the conditional use.
3. A solid wood. six-foot high fence must be pal1 of the screening required
when the adjacent property is residential.
4. Fur dust and noise (70DB at residential property line) must be controlled
at all times to the satisfaction of the City.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[0] Day-care centers provided that:
.
I. No overnight Llcilities arc provided for children served and that said
children are delivered and removed daily.
2.
An outdour recreational leleility shall be appropriately separated from the
parking lot and driving areas by a wood fence not less than 4 feet in height
or Council approved substitute. and shall be located continuous to the
day-care facility. and shall not be located in any yard abutting a maior
th()rl)ughl~llT. and shall not havt: an impervious surface for more than one-
half of the playground area. and shall extend at least 60 feet from the wall
of the building or to an adjacent property line. whichever is less. or shall be
hound on not more than t\Vo sides by parking and driving areas. A
minimum size of the outside recreational facility shall be 2.000 sq. fL or in
the alternative 75 sq. Ii. per child at licensed capacity. whichever is the
greater figure.
3. The regulations and conditions of the Minnesota Department of Human
Services and Department of Health. Public Welfare Manual I ] -31-30 as
adopted. amended. and/or changed. are satisfactorily met.
4. A written indication of preliminary. pending. or tlnallicense approval from
the regulatory agencies is supplied to the City of Monticello.
(#152.9/22/86)
[P I Auto body shop repair provided that:
.
1.
Donr opening to service arCD garage 111ust not face street frontage.
MOl'TICELLO ZONING ORDIl'-"CiCE
13/10
-,
Vehicle storage area limited to 50% of floor space of the structure housing
the auto body shop.
,
~.
All vehicles being serviced and all vehicle parts must be stored inside or in
\~hiclc storage urea.
.
4. Vehicle storage area shall be enclosed by enclosure intended to screen the
view of vehicles in storage from the outside. Enclosure shall consist of a
six-foot high. 100% opaque fence designed to blend with the auto body
shop structure and consisting of materials treated to resist discoloration.
5. The floor of the vehicle storage area shall consist of asphalt or concrete
pavmg.
6. No work on vehicles or vehicle parts shall be conducted outside the
confines of the Ullto body shop.
7. The advertising wall bcing the public right-of-way shall consist of no more
than 50% metal material.
8. The secondary or non-adve11ising wall facing a public right-of-way shall
utilize a combination of colors or matcrials that serve to break up the
monotony of a single color flat surbce.
.
9.
The development shall conform to minimum parking and landscaping
requiremcnts ur the zoning ordinance,
10. No condilion,d use permit shall he granted tl)r an auto body shop within
600 feet of a residential or PZ\.j zone existing at the time the conditional
use permit is granted. (#175,4/24/89)
[01 Restaurants. calCs. tea rooms. tm ems. and oft~s,de liquor located within 300 it of
a residential zone provided that:
1. Primary access must not be through residential street(s).
(#258,9/26/94)
[R] Governmental and public utility buildings and structures necessar) for the health.
safety. and general \\"elbre of the community provided that:
I. Conformity \\"ith the surrounding neighborhood is maintained and required
setbacks and side yard requirements are met.
-,
Adequate screening from neighboring uses and landscaping is provided in
accordance \\ith Chapter 3. Section 2. of this ordinance.
.
MONTtCELLO ZONING ORDlNANCE
13/11
SECTION:
.
14-1 :
14-2:
14-3:
14-4:
CHAPTER 14
(/)").
"B-4" REGIONAL BCSINESS DISTRICT
Purpose
Permitted Uses
Permitted Accessory Uses
Conditional Uses
14-1: PURPOSE: The purpose of the "B-4," regional business, district is to provide for the
establishment of commercial and service activities which draw from and serve customers
from the entire community or region.
A[I permitted uses as allowed in a "B-1 ", "B-2", and "B-3" district.
14-2: PER:YlITTED USES: Thc following are permitted uses in a "B-4" district:
[A]
[8]
[C]
[I) I
. [EI
[FJ
[G]
[H]
[I]
[.I]
IK]
IL]
[ tvl]
IN]
.
Antique or gift shop.
Amusement places (such as dance halls or roller rinks).
/\uto accessory stores.
Enclosed boat and marine sales.
Books, office supplies, or stationery stores.
Bowling alleys.
Carpet. rugs, and tile.
Coin and philatelic stores.
Copy service but not including press or newspaper.
Costume, clothes rental.
Department and discount stores.
Dry cleaning, including plant accessory thereto, pressing, and repairs.
Dry goods store.
MONTICELLO ZONING ORDtl'ANCE
14/1
.
.
.
[0 I Electrical appliance stores, including incidental repair and assembly but not
fabricating or nlanufacturing.
[PI
Employment agencies.
[QI Finance companies.
[RJ Furniture stores.
[U j Haberdasheries and ladies ready-to-wear.
[V I Insurance sales, claims and branch offices.
[WI Jewelry stores and watch repair.
[X] Leather goods and luggage stores.
[Yj Record - music shops.
I Z I Restaurants. tea rooms. cafes. tm-erns. and oft~sales liquor stores.
[/\/\1 Sewing machine sales and service.
[l3ll J Shoc stores.
ICC] Tailor shops.
IDD j Theatres not of the outdoor drive-in type.
I EEl Toy stores.
[1:1:'] Travel bureaus, transportation ticket offices.
[GG] Vat'iety stores. 5 & 10 stores. and stores of similar nature.
[HIl] Wearing apparel.
[II] Government and public utility buildings.
[.1.11 Mortuaries
[KKI Body Piercing Establishments
[LLJ Tattoo Parlors
(#286.2/] 0/97)(#330.9113/99)
MONTICELLO ZONINC, ORDIN.'\~CE
14/2
.
.
.
14-3: PER\;IITTED ACCESSOR Y USES: The following are permitted accessory uses in a
"8-4" district:
[A] All permitted accessory uses in a "B-3" district.
14-4:
CONDITIONAL USES: The following are conditional uses in a "8-4" district: (Requires
a conditional use permit based upon procedures set forth in and regulated by Chapter 22
of this ordinance.)
[A] Open and outdoor storage as an accessory use provided that:
1. The area is fenced and screened from view of neighboring residential uses
or if abutting a residential district in compliance with Chapter 3. Section 2
[G]. of this ordinance.
2. Storage is screened from view from the public right-ot:way in compliance
with Chapter 3. Section 2 [G]. of this ordinance.
3. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right-ot:way or ti'om neighboring residences and
shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance.
5.
The provisions of Chapter 22 of this ordinance arc considered and
satisbctorily met.
l8] Open or outdoor service. sale. and rental as a principal and accessory usc and
including saks ill or fr0l11 111otorized vehicles, trailers. or \\"agons. provided that:
I. Outside ser\ice. sales. and equipment rental connected \\ith the principal
use is limited to thirty percent (30%) of the gross 1100r area of the principal
use. This percentagc may be increased as a condition of the conditional
use permlL
2. Outside sales areas are fenced or screened from view of the neighboring
residential uses or an abutting residential district in compliance with
Chapter 3. Section 2 [G]. of this ordinance.
3. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right-ot~way or from neighboring residences and
shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance.
4. Sales area is grassed or surfaced to control dust.
MONTICELLO ZONING ORDINANCE
14/3
.
.
.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[C]
Custom manufacturing. restricted production and repair limited to the following:
An. ncedlework, jcwelr} ii'om precious metals. watches, denwres. and optical
lenses, provided that:
1. Such use is accessory as detined in Chapter 2. Section 2. of this ordinance
to the principal use of the property.
2. Does not conflict with the character of development intended for this
district.
3. The provisions of Chapter 22 of this ordinance are considered
satisfactorily met.
[Dj Motor fuel station. auto repair-minor, and tire and battery stores and service,
provided that:
I.
Regardless of whether the dispensing. sale. or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business. the
standards and requirements imposed by this ordinance for motor fuel
stations shall apply. These standards and requirements are. however. in
addition to other requirements which are imposed for other uses of the
property.
~
The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
,
J.
The entire site other than that taken up by a building. structure. or plantings
shall be surll1ccd with a material to control dust and drainage which is
subject to the approval ofthc City Engineer.
4.
A minimum lot area of twenty-two thousand five hundred (22.500) square
feet and minimum lot dimensions of one hundred fifty (150) feet by one
hundred thirty ( 130) feet.
s.
A drainage systcm subject to the approval of the City Engineer shall be
installed.
6.
A curb not less than six (6) inches above grade shall separate the public
sidewalk from Illotor vehicle service areas.
I>IONTICELLO ZONING ORDINA:--JCE
14/4
.
.
.
7.
The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right-ot~\\.ay and shall be in compliance ,vith Chapter 3. Section 1
[H]. of this ordinance.
8.
Wherever fuel pLlmps are to be installed. pump islands shall be installed.
9. At the boundaries of a residential district. a strip of not less than five (5)
feet shall be landscaped and screened in compliance with Chapter 3.
Section 2 [GJ, of this ordinance.
10. Each light standard landscaped.
11. Parking or car magazine storage space shall be screened fi'om view of
abutting residential districts in compliance with Chapter 3. Section 2 [G]. of
this ordinance.
11. Vehicular access points shall create a minimum of contlict with through
traftlc movement. shall comply with Chapter 3. Section 5. of this ordinance.
and shall be subject to the approval of the City Engineer.
13. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Chapter 3. Section 9. of this
ordinance.
I-J
Pn.)\'isions arc made to control and reduce noise.
15. "io outside storage e~cept as allowed in compliance "ith Chapter 13.
Section -+. of this ordinance.
16. Sale of products other than those specifically mentioned in Chapter 13.
Section -+. be subject to a conditional use permit and be in compliance vvith
Chapter 13. Section -+ [F]. of this ordinance.
17. All conditions pertaining to a specific site are subject to change when the
Council. upon investigation in relation to a formal request. finds that the
general welfell'e and public betterment can be served as well or better by
ml1dil~ing the conditions.
18. The provisions of Chapter 22 of this ordinance are considered and
satisfactori I \ met.
[E] Machinery sales.
[F]
Commercial planned unit development as regulated by Chapter 10 of this
ordinance.
MONTICELLO ZONING ORDIN.-\NCE
14/5
.
.
.
lei] Boarding House. provided that:
I.
The building/structure is found to be substandard and/or blighted or
contributing to blight and in need of substantial rehabilitation.
a. The applicant must provide an overall development concept plan.
b. The applicant must demonstrate that said rehabilitation is the most
feasible use alternative and that said rehabilitation is not remodeling
or simple structural alterations to accommodate a change in use.
2. There shall be no less than ten ( 10) units nor more than 18 units, and each
unit shall be of a design considered to be an efficiency apartment.
3. At least one unit shall be on the ground floor fully accessible to handicapped
persons.
4. At least 50(1~ of the floor area on the ground floor shall be developed as
complete restaurant IllCilities with a minimum scating capacity of two seats
per dwelling unit but in no case less than 25 scats.
a. Restaurant shall not be eligible for licenses regulating the sale of
intoxicating liquors. non-intoxicating malt liquors. \vine. or the
display and consumption of liquors.
b.
The restaurant shall be so equipped to Pl.ovide food service to the
dwelling units ihequircd.
5. The a.-chitectural 'lppearanee ,md functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property valucs or constitute a blighting innuence \vithin a
reasonable distance of the lot.
G. All conditions pertaining (0 a specitic site are subject to change \vhen the
Council. upon investigation in relation to a formal request. finds that the
general welfare and public betterment ean be served as well or better by
modifying the conditions.
(# 138. 7/23/8-1)
~tONTtCELLO ZONING ORDt\:ANCE
1-1/6
.
.
.
Planning Commission Agenda 04/04/06
10.
Consideration of a request for an Interim Use Permit alIowin2 relocation of a
billboard displaced bv a City proiect. (JO)
REFERENCE AND BACKGROUND
City Council is requesting that the Planning Commission conduct a public hearing
and provide a recommendation regarding relocation of one of the two billboard
signs displaced by the interchange project. As you know, billboards are not an
allowable sign in the City. However, billboards may be relocated on an interim
basis due to a city project.
The location proposed for the billboard is at the southeasterly corner of Outlot A
of County Club Manor. The billboard height will be set at the minimum
necessary to allow maintenance vehicles to pass underneath and it will be no
higher than the existing billboard. It will be constructed using the single pole
design and will actually be smaller than the sign that it is replacing (36' versus 48'
wide).
This Billboard can only be installed in the R-3 District because it is being allowed
as an interim use and it is replacing an existing billboard. In the event this
property is sold by the City for development, at such time that development occurs
the billboard will need to be relocated to another location.
To the east of the site is the RV center. To the west is the balance of the currently
vacant 16 acre outlot. This sign should not alter the impact on the adjoining
parcels that is already resulting from the existing sign.
The term of the interim use will be set to match the years remaining on the
original land lease agreement between the sign company and A YR. It is
estimated that there were 13-14 years remaining on the lease that was interrupted
by the City project, thus the interim use would be good for the same time period.
Once this time period expires, then the City would have the option of requiring
that the sign be removed.
Please note that the price paid to A VR for the land includes the value of the
revenue from the remaining term of the land lease. This City will be recovering
this expense over time through development of a similar lease agreement for use
of the River Street right of way. A]so, under State Jaw, the city would be
obligated to pay an amount equal to the Joss of revenue to the sign company
associated with the term of the lease. Over 13-14 years this would amount to
hundreds of thousands of dollars.
The billboard constructed at this location results in a slight complication for
extension of watermain across the freeway at this location which can be resolved
by installing a carrier pipe in advance of construction of the sign.
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22-4:
INTERL'v! LISE PERMIT
k . . h d' . . h' . h II b 10 Bd
wor permllted lI1t e con ItlOna] use permit. Suc petItion s a e presente to
the Planning Commission for a recommendation and to the City Council for a
decision. Further, whenever a conditional use has not been in operation for a
period of six (6) months. the conditional use shall be considered to be null and
void.
WHEN OCCUPANT !S NOT OWl'\ER: Whenever an application for a
conditional use is intended for specific use by an occupant who is not the owner of
the property, the application must be made by the owner. The conditional use
permit, if granted, will be granted to the owner who shall be fully responsible for
complying with the conditions of the permit and all other provisions of this
ordinance. The Planning Commission, upon a special req uest, may consider and
recommend granting a conditional use to a renter/tenant/occupant not the owner of
a building. In such a case whcrc a conditional use permit is granted to a
renter/tenant/occupant not the owner, said permit shall be considered to be
granted only for that renter/tenant/occupant for the speei lied use and shall not
travel with land. and under no circumstance shall said permit be allowed to be
transferred to any other renter/tenant or occupant including the owner. Further.
for a conditional use permit to be granted to a renter/tenant/occupant not the
owner, the City must have a notarizcd statcmcnt from the owner clearly stating that
she/he understands that said permit is granted solely to the tenant/renter making
application and shall not be transferrable to any future tenant/renter or occupant.
[A] PLRPOSE AND INTENT: The purpose and intent of allowing interim uscs is:
1.
To allow a use for a brief period of time until a permanent location is
obtained or while the permanent location is under construction.
~
To allow a use that is presently judged acceptable by the City Council but
thaI, with anticipated development or redevclopment, will not be
acceptable in the future or will bc replaced in the future by a permitted or
conditional usc allowed within the respective district.
,
j.
To allow a use which is reflective of anticipated long-range change to an
arca and which is in compliance with the comprehensive plan provided that
said use maintains harmony and compatibility with surrounding uses and is
in keeping with the architectural character and design standards of existing
uses and development.
[8] PROCEDURE:
.
1.
Existing Uses: Llses defIned as interim uses which presently exist as a legal
use or a legal non-conforming use within a respective zoning district shall
\'10NTICELLO ZOI\I'iG ORDINANCE
22/4
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.
.
be eonsidered approved and shall be treated as allowable uses.
')
New Uses: Uses defined as interim uses which do not presently exist
within a respective zoning distriet shall be processed according to the
standards and procedures for a conditional use permit as established by
Chapter 22 of this ordinance.
[C] GENERAL STANDARDS: An interim use shall comply with the following:
1. Existing Cses: Shall be in conformance with zoning and building standards
in effect at the time of initial construction and development and shall
continue to be governed by such regulations in the future.
2. New Uses:
a. "leets the standards of a conditional use permit set forth in Section
22-3 of this chapter.
b. Conforms to the applicable performance standards set forth in
Chapter 3, Section 2, of this zoning ordinance.
c. The use is allowed as an interim use in the respective zoning
district.
d. The date or event that will terminate the usc can be identified with
certainty.
c.
The use will not impose additional costs on the public if it is
necessary for the public to take the property in the i~lture.
1'. The user agrees to any conditions that the City Council deems
appropriate for permission of the use.
[D] TERMINATION: An interim use shall terminate on the happening of any of the
following events, whichever Jirst occurs:
1.
The date stated in the perm i l.
')
Upon violation of conditions under which the permit was issued.
3.
Upon change in the City's zoning regulations which renders the use non-
conforming.
4.
The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning
district.
(#268, 5/8/95)
MONTICELLO ZONING ORDINi\:\CE
22/5
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11.
Planning Commission Agenda - 04/04/06
Consideration to aoorove a resolution findinl! that a modification to the
Redevelooment Plan for Central Monticello Redevelooment Proiect No.1 and the
TIF Plan for TIF District No. 1-37 conform to the l!eneral olans for the develooment
and redevelooment ofthe citv. Aoolicant: Karlsburl!er Foods. Inc. (O.K.)
A. Reference and backl!round:
The Planning Commission is asked to adopt the attached resolution stating it finds the
modification to the Redevelopment Plan for the Central Monticello Redevelopment Project No.
I and proposed TIF District No. 1-37 Plan conform with the general plans for development
and redevelopment of the city as described in the comprehensive plan.
Proposed TIF District No. 1-37, an Economic District, is being established to assist with land
and public improvement costs associated with development of the Monticello Business Center.
5L Real Estate Holding's LLC, dba Karlsburger Foods, Inc., plans to construct a 20,000 sq.
ft. office/production/warehouse facility along Chelsea Road West. The company manufactures
food bases, sauces, and seasonings. According to John 5imola, Public Works Director, the
production process places no adverse or very little effect on the waste water treatment plant.
The proposed project will bring 16 full-time permanent jobs at an annual average wage-level of
$21.37 per hour w/o benefits and creates an additional four full-time permanent jobs at an
annual average wage-level of$18.00 per hour w/o benefits.
W5B, Inc. prepared the plat consisting ofa 3.75 acre parcel described as Lot I, Block I,
Otter Creek Crossing 2nd Addition for conveyance to the 5L Real Estate Holding's. The
company will actually pay for 2.5 acres and a pond and drainage easement will make-up the
remaining 1.25 acres. The final plat was approved by the City Council on March 27, 2006.
The property was previously annexed and zoned Il-A. As you recall, Declaration of
Protective Covenants have been recorded against the property to ensure quality exterior
building materials, irrigation, and no out-door storage.
For this agenda item, the Planning Commission is stating the TIF Plan for District No. 1-37
conforms with the Comprehensive Plan: land use, zoning, and general development plans.
The HRA will consider approval ofthe Plan on April 5, 2006, and the City Council has
scheduled a public hearing for consideration to adopt the TIF Plan for District No. 1-37 on
April 24, 2006. It is anticipated conveyance of the land will take place May I, 2006, or soon
thereafter.
1
Planning Commission Agenda - 04/04/06
.
B.
Alternative Action:
1. Motion to adopt a resolution finding that a modification to the Redevelopment Plan for
Central Monticello Redevelopment Project No.1 and the TIF Plan for TIF District No.
1-37 conform to the general plans for the development and redevelopment of the city.
2. A motion to deny adoption of a resolution finding ..............................................
3. A motion to table any action.
C. Recommendation:
The City Administrator and HRA Executive Director recommend Alternative No.1. The
proposed project fits the criteria for development in the Monticello Business Center, the
Comprehensive Plan, and creates liveable wage-level jobs.
D. SUDDortinl!: Data:
Resolution for adoption, map, excerpt of the TIF Plan. Elevations and concept of project if
available.
.
.
2
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.
PLANNING COMMISSION
CITY OF MONTICELLO, MINNESOTA
RESOLUTION NO.
RESOLUTION OF THE CITY OF MONTICELLO PLANNING COMMISSION
FINDING THAT A MODIFICATION TO THE REDEVELOPMENT PLAN FOR
CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 AND A TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 1-37 CONFORM TO THE GENERAL PLANS FOR THE
DEVELOPMENT AND REDEVELOPMENT OF THE CITY.
WHEREAS, the City COllncil for the City of Monticello, Minnesota, (the "City") has proposed to
adopt a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I
(the "Redevelopment Plan Modification") and a Tax Increment Financing Plan for Tax Increment
Financing District No. 1-37 (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF
Plan are referred to collectively herein at the "Plans") and has submitted the Plans to the City Planning
Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and
WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general
plans for the development and redevelopment of the City as described in the comprehensive plan for the
City.
NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general
plans for the development and redevelopment of the City as a whole.
Dated: April 4, 2006
Chair
ATTEST:
Secretary
f;.q>......
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MODIFICATION TO THE REDEVELOPMENT PLAN
FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
and the
TAX INCREMENT FINANCING PLAN
for the establishment of
TAX INCREMENT FINANCING DISTRICT NO. 1-37
(an economic development district)
within
CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
Public Hearing: April 24, 2006
Adopted:
This document is in draft form for distribution to the County and the School District. The TIF
Plan contains the estimated fIScal and economic implications of the proposed TIF District. The
City and the HRA may make minor changes to this draft document prior to the public hearing.
.
EHLERS
Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105
651-697-8500 fax: 651-697-8555 www.ehlers-inc.com
& ASSOCIATES INC
.
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TABLE OF CONTENTS
(for reference purposes only)
SECTION 1- MODIFICATION TO THE REDEVELOPMENT PLAN
FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1. . . . . . . . . . . . .. 1-1
Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1
SECTION II - TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 1-37 . . . . . . . . . . . . . . . . . . . . . . . 2-1
Subsection 2-1. Foreword................................. . . . , . . . . . . . . . 2-1
Subsection 2-2. Statutory Authority ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Subsection 2-3. Statement of Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1
Subsection 2-4. Redevelopment Plan Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2
Subsection 2-6. Classification of the District ................................ 2-2
Subsection 2-7. Duration of the District .................................... 2-3
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/lncrement and Notification of Prior Planned Improvements ............... 2-3
Subsection 2-9. Sources of Revenue/Bonded Indebtedness ............... . . . . . 2-4
Subsection 2-10. Uses of Funds. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
Subsection 2-11. Business Subsidies ...................................... 2-6
Subsection 2-12. County Road Costs .................,.................... 2-7
Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions. . . . . . . . . . . . . . . . . 2-7
Subsection 2-14. Supporting Documentation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9
Subsection 2-15. Definition of Tax Increment Revenues ........................ 2-9
Subsection 2-16. Modifications to the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9
Subsection 2-17. Administrative Expenses ................................. 2-10
Subsection 2-18. Limitation of Increment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-11
Subsection 2-19. Use of Tax Increment.................................... 2-11
Subsection 2-20. Excess Increments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-12
Subsection 2-21. Requirements for Agreements with the Developer. . . . . . . . . . . . . . 2-12
Subsection 2-22. Assessment Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13
Subsection 2-23. Administration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13
Subsection 2-24. Annual Disclosure Requirements. . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13
Subsection 2-25. Reasonable Expectations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-13
Subsection 2-26. Other Limitations on the Use of Tax Increment ................ 2-14
Subsection 2-27. Summary .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14
APPENDIX A
PROJECT DESCRIPTION ............................................... A-1
APPENDIX B
MAP(S) OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
AND THE DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT. . . . . . . . . . . . . C-1
APPENDIX D
ESTIMATED CASH FLOW FOR THE DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1
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"
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1
APPENDIX F
BUT/FOR QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1
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"
SECTION 1- MODIFICA TION TO THE REDEVELOPMENT PLAN
FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
Foreword
The following text represents a Modification to the Redevelopment Plan for Central Monticello
Redevelopment Project No. I. This modification represents a continuation of the goals and objectives set
forth in the Redevelopment Plan for Central Monticello Redevelopment Project No.1. Generally, the
substantive changes include the establishment of Tax Increment Financing District No. 1-37.
For further information, a review of the Redevelopment Plan for Central Monticello Redevelopment Project
No. I is recommended. It is available from the City Administrator at the City of Monticello. Other relevant
information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts
located within Central Monticello Redevelopment Project No. I.
Monticello HRA
Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I
1-1
'-
"
.
SECTION /I . TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 1-37
Subsection 2-1. Foreword
The Monticello Housing and Redevelopment Authority (the "HRA"), the City of Monticello (the "City"),
staff and consultants have prepared the following information to expedite the establishment of Tax Increment
Financing District No. 1-37 (the "District"), an economic development tax increment financing district,
located in Central Monticello Redevelopment Project No. I.
Subsection 2-2. Statutory Authority
Within the City, there exists areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota
Statutes ("M.S. '~, Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to
469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant
information is contained in the Modification to the Redevelopment Plan for Central Monticello
Redevelopment Project No. I.
Subsection 2-3. Statement of Objectives
. The District currently consists of I parcel(s) ofland and adjacent and internal rights-of-way. The District
is being created to facilitate the construction of an approximately 20,000 sq. ft. production/office facility in
the City of Monticello. Please see Appendix A for further project information. Contracts for this have not
been entered into at the time of preparation of this TIF Plan, but development is likely to occur in 2006. This
TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Central
Monticello Redevelopment Project No.1.
The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude
the undertaking of other qualified development orredevelopment activities. These activities are anticipated
to occur over the life of Central Monticello Redevelopment Project No. I and the District.
Subsection 2-4. Redevelopment Plan Overview
I. Property to be Acquired - Selected property located within the District may be acquired by
the HRA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion ofthe necessary
legal requirements, the HRA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
.
Subsection 2-5.
Description of Property in the District and Property To Be Acquired
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-1
"
.
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcel(s) listed below. See the map in Appendix B for further information on the location of the District.
Parcel Numbers
155-181-000020
The HRA or City currently owns the property to be included in the District.
Subsection 2-6. Classification of the District
The HRA and City, in determining the need to create a tax increment financing district in accordance with
MS., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is an
economic development district pursuant to M.s., Section 469.174, Subd. 12 as defined below:
"Economic development district" means a type of tax increment financing district which consists of any
project, or portions of a project, which the authority finds to be in the public interest because:
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2.2
(1) it will discourage commerce, industry, or manufacturingfrom moving their operations
to another state or municipality; or
(2) it will result in increased employment in the state; or
(3) it will result in preservation and enhancement of the tax base of the state.
. The District is in the public interest because it will meet the statutory requirement from clause 2 and 3.
Pursuant to M.S., Section 469.176, Subd. 4c, revenue derived from tax increment from an economic
development district may not be used to provide improvements, loans, subsidies, grants, interest rate
subsidies, or assistance in any form to developments consisting of buildings and ancillary facilities, if more
than 15 percent ofthe buildings and facilities (determined on the basis of square footage) are used for a
purpose other than:
(1) The manufacturing or production of tangible personal property, including processing resulting
in the change in condition of the property;
(2) Warehousing, storage, and distribution oftangible personal property, excluding retail sales;
(3) Research and development related to the activities listed in items (I) or (2);
(4) Telemarketing if that activity is the exclusive use of the property;
(5) Tourism facilities; or
(6) Qualified border retail facilities;
(7) Space necessary for and related to the activities listed in items (I) to (6)
In meeting the statutory criteria the HRA and City rely on the following facts and findings:
The facilities in the District meet the conditions of Purposes I, 2, and 7.
.
The District is being created to assist in the construction of a manufacturing facility for Karlsburger Foods,
Inc. The proposed facility will be used for manufacturing food bases, sauces and seasonings and related
activities.
.
.
.
Pursuant to M.S., Sections 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of MS., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in
any of the five calendar years before the filing of the request for certification of the District.
Subsection 2-7. Duration of the District
Pursuant to MS., Section 469.175, Subd. 1, and MS., Section 469.176, Subd. 1, the duration ofthe District
must be indicated within the TIF Plan. Pursuant to MS., Section 469.176, Subd. 1 b, the duration of the
District will be 8 years after receipt ofthe first increment by the HRA or City. The date of receipt by the City
of the first tax increment is expected to be 2008. Thus, it is estimated that the District, including any
modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2016, or when
the TIF Plan is satisfied. If increment is received in 2007, the term of the District will be 2015. The HRA
or City reserves the right to decertify the District prior to the legally required date.
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements
PursuanttoMS., Section 469.174, Subd. 7 and MS., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2005 for taxes payable 2006.
Pursuant to MS., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2008) the amount by which the original value has increased or decreased as a result of:
I. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC,
no value will be captured and no tax increment will be payable to the HRA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2006, assuming the
request for certification is made before June 30, 2006. The ONTC and the Original Local Tax Rate for the
District appear in the table below.
Pursuant to MS., Section 469.174 Subd. 4 and MS., Section 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within Central Monticello Redevelopment Project No.
I, upon completion of the project, will annually approximate tax increment revenues as shown in the table
below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its
obligations and current expenditures, beginning in the tax year payable 2007. The Project Tax Capacity
(PTC) listed is an estimate of values when the project is completed.
Project Estimated Tax Capacity upon Completion (pTC)
Original Estimated Net Tax Capacity (ONTC)
$19,250
$1,650
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. I ~37
2.)
.
.
.
Estimated Captured Tax Capacity (CTC)
Original Local Tax Rate
Estimated Annual Tax Increment (CTC x Local Tax Rate)
Percent Retained by the HRA
$17,600
1.10297
Pay 2006
$19,412
100%
Pursuant to MS., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to MS.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
buiiding permits have been issued during the eighteen (18) months immediately preceding approval of the
TIP Plan by the municipality pursuant to M.s., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City of Monticello has reviewed the area to be included iu the District and determined that no
building permits have been issned dnring the 18 months immediately preceding approval ofthe TlF
Plan by the City,
Subsection 2-9. Sources of Revenue/Bonded Indebtedness
Public improvement costs, utilities, streets and sidewalks, and site preparation costs and other costs outlined
in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA
or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TlF
Plan, including, but not limited to, special assessments, general property taxes, state aidforroadmaintenance
and construction, proceeds from the sale of land, other contributions from the developer and investment
income, to pay for the estimated public costs.
The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TlF
Plan. As presently proposed, the project will be financed by a pay-as-you-gonote/interfund loan. Additional
indebtedness may be required to finaoce other authorized activities. The total principal amount of bonded
indebtedness, including a general obligation (GO) TIP bond, or other indebtedness related to the use of tax
increment finaocing will not exceed $1 10,000 without a modification to the TIP Plan pursuant to applicable
statutory requirements. It is estimated that $10,000 in interfund loans will be finaoced with tax increment
revenues. It is also estimated that $ 110,000 in bonded indebtedness will be financed with tax increment
revenues.
This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur
other debt only upon the determination that such action is in the best interest of the City. The HRA or City
may also finaoce the activities to be undertaken pursuant to the TIP Plao through loans from funds of the
HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a
developer.
The estimated sources of funds for the District are contained in the table below.
SOURCES OF FUNDS
TOTAL
$175,000
Tax Increment
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-4
.
PROJECT REVENUES
$175,000
$10,000
$110,000
lnterfund Loans
TIP Note Principal
The other financing sources list above is included for purposes of OSA reporting for the TIP District. It is
not intended to be cumulative. Transfers are included in case money is moved from one fund to another
before an expenditure.
Subsection 2-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of an approximately
20,000 sq. ft. production/office facility. The HRA and City have determined that it will be necessary to
provide assistance to the project for certain costs. The HRA has studied the feasibility of the development
or redevelopment of property in and around the District. To facilitate the establishment and development
or redevelopment ofthe District, this TIP Plan authorizes the use of tax increment financing to pay for the
cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District
is outlined in the following table.
USES OF FUNDS TOTAL
LandlBuilding Acquisition $ 10,800
. Site ImprovementsIPreparation $10,800
Public Utilities $43,700
Streets and Sidewalks $43,700
Interest $50,000
Administrative Costs (up to 10%) $16,000
PROJECT COSTS TOTAL $175,000
lnterfund Loans $10,000
TIP Note Principal $110,000
The other financing uses list above is included for purposes of OSA reporting for the TIP District. It is not
intended to be cumulative. Transfers are included in case money is moved from one fund to another before
an expenditure. TIP is expected to be used for the project costs listed above, which is a not to-exceed budget
rather than an expected budget of costs.
It is estimated that the cost of improvements, including administrative expenses which will be paid or
financed with tax increments, will equal $175,000. It is estimated that the cost of improvements, including
all financing which will be paid for with tax increment will equal $295,000 as is presented in the budget
above.
.
Estimated costs associated with the District are subject to change among categories without a modification
to this TIP Plan. The cost of all activities to be considered for tax increment financing will not exceed,
without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant
to M.s., Section 469.] 763, Subd. 2, no more than 20 percent ofthe tax increment paid by property within the
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-5
.
.
.
District will be spent on activities related to development orredevelopment outside ofthe District but within
the boundaries of Central Monticello Redevelopment Project No.1, (including administrative costs, which
are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan.
Subsection 2-11.
Business Subsidies
Pursuant to M.S Sections 116J.993, Subd. 3, the following forms of financial assistance are not considered
a business subsidy:
(1) A business subsidy ofless than $25,000;
(2) Assistance that is generally available to all businesses or to a general class of similar businesses,
such as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local govemment that serve a public
purpose and do not principally benefit a single business or defined group of businesses at the time
the improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S, Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that the
assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S, Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(II) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section SOl (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
(IS) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment financing soils condition district as defmed under MS, Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
technical nature.
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of$75,000 or less; and
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration.
The HRA will comply with MS, Section 116J.993 to 116J.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-6
. Subsection 2-12. County Road Costs
Pursuant toM.s., Section 469.175, Subd. la, the county board may require the HRA or City to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment
will, in the judgement of the county, substantially increase the use of county roads requiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the HRA or City within forty-
five days ofreceipt of this TIP Plan. In the opinion of the HRA and City and consultants, the proposed
development outlined in this TIP Plan will have little or no impact upon county roads, therefore the TIP Plan
was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the
county could claim that tax increment should be used for county roads, even after the public hearing.
Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIP
Plan would occur without the creation ofthe District. However, the HRA or City has detennined that such
development or redevelopment would not occur "but for" tax increment financing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
.
IMPACT ON TAX BASE
Wright County
City of Monticello
Monticello ISD No. 882
2005/2006
Total Net
Tax Capacltv
106, I 78,099
13,228,292
20,630,250
Estimated Captured
Tax Capaclty (CTC)
Upon Completion
17,600
17,600
17,600
Percent of CTC
to Entitv Total
0.0166%
0.1330%
0.0853%
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-7
IMPACT ON TAX RATES
2005/2006 Percent Potential
Extension Rates of Total CTC ,Taxes
Wright County 0.325670 29.53% 17,600 5,732
City of Monticello 0.510280 46.26% 17,600 8,981
Monticello ISD No. 882 0.243720 22.10% 17,600 4,289
Other 0.023300 2.11% 17.600 410
. Total 1.1 02970 100.00% 19,412
.
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual2005/Pay 2006 rate. The total net capacity for the entities listed above are
based on actual Pay 2006 figures.
Pursuant to M.S. Section 469. 175 Subd. 2(b):
I. It is estimated that the total amount of tax increment that will be generated over the life of the
District is $175,000
2. An impact of the District on police protection is expected. The City currently contracts with the
Wright County Sheriffs Office for police services. The Wright County Sheriffs Office does track
all calls for service including property-type calls and crimes. With any addition of new residents or
businesses, police calls for service will be increased. New developments add an increase in traffic,
and additional overall demands to the call load. The City does not expect that the proposed
development, in and of itself, will necessitate new capital investment in vehicles or require that the
City expand its contract with Wright County.
The probable impact of the District on fire protection is not expected to be significant. Typically
new buildings generate few calls, if any, and are of superior construction. All new commercial
properties should be sprinkled for public safety. As the City grows, so must the fire department to
provide protection for owners, employee's and the people that live and travel through Monticello.
.
The impact of the District on public works is expected to be minimal. The development is not
expected to significantly impact any traffic movements io the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the additional volume generated from
the proposed development. Based on the development plans, additional costs, including street
maintenance, sweeping, plowing, lighting and sidewalks are minimal because no new roads are
being constructed.
The probable impact of borrowing costs is expected to be minimal. It is not anticipated that there
will be any general obligation debt issued in relation to this project, therefore there will be no impact
on the City's ability to issue future debt or on the City's debt limit.
3. It is estimated that the amount of tax increments over the life of the District that would be
attributable to school district levies, assuming the school district's share ofthe total local tax rate for
all taxing jurisdictions remained the same is $38,601;
4. It is estimated that the amount of tax increments over the life of the District that would be
attributable to county levies, assuming the county's share of the total local tax rate for all taxing
jurisdictions remained the same is $51,588;
5. No requests for additional information from the county or school district regarding the proposed
development for the District were received.
Subsection 2-14. Supporting Documentation
Pursuant to M.S. Section 469.175 Subd 1, clause 7 the TIF Plan must contain identification and description
of studies and analyses used to make the determination set forth inM.S. Section 469.175 Subd 3, clause (b)(2)
and the findings are required in the resolution approving the TIF district. Following is a list of reports and
studies on file at the City that support the Authority's findings:
.
A list of applicable studies, if any, will be listed here prior to the public hearing.
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-8
. Subsection 2-15. Definition of Tax Increment Revenues
Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
I. Taxes paid by the captured neltax capacity, but excluding any excess taxes, as computed under MS.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax
increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for certification was made after August I, 1993; and
6. The market value homestead credit paid to the Authority under MS., Section 273.1384.
Subsection 2-16. Modifications to the District
In accordance with Ms.' Section 469.175, Subd. 4, any:
1.
. 2.
3.
4.
5.
6.
Reduction or enlargement of the geographic area of Central Monticello Redevelopment Project No.
lor the District, if the reduction does not meet the requirements of M.s.' Section 469.175, Subd.
4(e);
Increase in amount of bonded indebtedness to be incurred;
A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan, or to increase or decrease the amount of interest on the debt to be capitalized;
Increase in the portion of the captured net tax capacity to be retained by the HRA or City;
Increase in the estimate ofthe cost of the project, including administrative expenses, that will be paid
or financed with tax increment from the District; or
Designation of additional property to be acquired by the HRA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to M.s.' Section 469.175 Subd. 4(f), the geographic area of the District maybe reduced, but shall
. not be enlarged after five years following the date of certification of the original net tax capacity by the
county auditor. If an economic development district is enlarged, the reasons and supporting facts for the
determination that the addition to the district meets the criteria of MS., Section 469.174, Subd. 12 must be
documented in writing and retained. The requirements of this paragraph do not apply if (1) the only
modification is elimination of parcel(s) from Central Monticello Redevelopment Proj ect No. I or the District
and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the
net tax capacity of those parce1(s) in the District's original net tax capacity or (B) the HRA agrees that,
notwithstanding MS., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than
the current net tax capacity of the parcel(s) eliminated from the District.
The HRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic
area of Central Monticello Redevelopment Project No. I or the District. Modifications to the District in the
. form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan.
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-9
.
.
.
Subsection 2-17. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
HRA or City, other than:
I. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
proj ect;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
project; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (1) to (3).
For districts for which the request for certification were made before August I, 1979, or after June 30, 1982,
administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants,
and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax
increment may be used to pay any authorized and documented administrative expenses for the District up
to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan
or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District,
whichever is less.
Pursuant to MS., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District. The county may require payment of those
expenses by February 15 of the year following the year the expenses were incurred.
Pursuant to MS., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount
deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor
for the cost of financial reporting of tax increment financing information and the cost of examining and
auditing authorities' use of tax increment financing. This amount may be adjusted annual1y by the
Commissioner of Revenue.
Subsection 2-18. Limitation of Increment
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other
escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity
or redemption date.
PursuanttoM.S., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax increment
financing district pursuant to MS., Section 469.177, no demolition, rehabilitation or renovation of
property or other site preparation, including qualified improvement of a street adjacent to a parcel
but not installation of utility service including sewer or water systems, has been commenced on a
parcel located within a tax increment financing district by the authority or by the owner of the
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-10
.
parcel in accordance with the tax increment financing plan, no additional tax increment may be
taken from that parcel and the original net tax capacity of that parcel shall be excluded from the
original net tax capacity of the tax increment financing district. If the authority or the owner of the
parcel subsequently commences demolition, rehabilitation or renovation or other site preparation
on that parcel including qualified improvement of a street adjacent to that parcel, in accordance
with the tax increment financing plan, the authority shall certifY to the county auditor that the
activity has commenced and the county auditor shall certifY the net tax capacity thereof as most
recently certified by the commissioner of revenue and add it to the original net tax capacity of the
tax increment financing district. The county auditor must enforce the provisions of this subdivision.
The authority must submit to the county auditor evidence that the required activity has taken place
for each parcel in the district. The evidence for a parcel must be submilled by February 1 of the fifth
year following the year in which the parcel was certified as included in the district. For purposes
of this subdivision, qualified improvements of a street are limited to (1) construction or opening of
a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing
street.
The HRA or City or a property owner must improve parcels within the District by approximately April, 2010
and report such actions to the County Auditor.
Subsection 2-19. Use of Tax Increment
The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
. 1.
2.
3.
4.
5.
6.
To pay the principal of and interest on bonds issued to finance a project;
to finance, or otherwise pay public redevelopment costs of the Central Monticello Redevelopment
Project No. I pursuant to the M.s., Sections 469.001 to 469.047;
To pay for project costs as identified in the budget set forth in the TIF Plan;
To finance, or otherwise pay for other purposes as provided in M.s., Section 469.176, Subd. 4;
To pay principal and interest on any loans, advances or other payments made to or on behalf of the
HRA or City or for the benefit of Central Monticello Redevelopment Project No. I by a developer;
To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIP Plan or pursuant to
M.S., Chapter 462C. M.s., Sections 469.152 through 469.165, and/or MS., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to M.S., Chapter 462G, M.S., Sections 469.152
through 469.165, and/or MS., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by MS., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Wright County to the HRA for the Tax Increment
Fund of said District. The HRA or City will pay to the developer(s) annually an amount not to exceed an
amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment funds
will be used for HRA or City administration (up to 10 percent) and the costs of public improvement activities
outside the District.
.
Subsection 2-20. Excess Increments
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-11
.
.
.
Excess increments, as defined in M.s., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
I. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the paYment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The HRA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the HRA or City may, subject to the limitations set forth herein, choose to
modify the TIP Plan in order to finance additional public costs in Central Monticello Redevelopment Project
No. I or the District.
Subsection 2-21. Requirements for Agreements with the Developer
The HRA or City will review any proposal for private development to determine its conformance with the
Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the
development with City plans and ordinances. The HRA or City may also use the Agreements to address
other issues related to the development.
Pursuant to M.s., Section 469.176, Subd. 5, no more than 10 percent, by acreage, of the property to be
acquired in the District as set forth in the TIP Plan shall at any time be owned by the HRA or City as a result
of acquisition with the proceeds of bonds issued pursuant to M.s., Section 469.178 to which tax increments
from property acquired is pledged, unless prior to acquisition in excess of I 0 percent of the acreage, the HRA
or City concluded an agreement for the development of the property acquired and which provides recourse
for the HRA or City should the development not be completed.
Subsection 2.22. Assessment Agreements
Pursuant to M.s., Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the
minimum market value agreement.
Subsection 2-23. Administration of the District
Administration of the District will be handled by the Executive Director of the HRA.
Subsection 2-24. Annual Disclosure Requirements
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2.12
.
Pursuant to MS, Section 469.175, Subd. 5, 6, and 6b the HRA or City must undertake financial reporting
for all tax increment financing districts to the Office ofthe State Auditor, County Board, County Auditor and
School Board on or before August I of each year. M.S, Section 469.175, Subd. 5 also provides that an
annual statement shall be published in a newspaper of general circulation in the City on or before August 15.
Ifthe City fails to make a disclosure or submit a report containing the information required by MS, Section
469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2-25. Reasonable Expectations
.
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that the increased market value of the site that could reasonably be
expected to occur without the use of tax increment financing would be less than the increase in the market
value estimated to result from the proposed development after subtracting the present value of the projected
tax increments for the maximum duration of the District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to such effects
and upon HRA and City staff awareness of the feasibility of developing the project site. A comparative
analysis of estimated market values both with and without establishment of the District and the use of tax
increments has been performed as described above. Such analysis is included with the cashflow in Appendix
D, and indicates that the increase in estimated market value of the proposed development (less the indicated
subtractions) exceeds the estimated market value of the site absent the establishment of the District and the
use of tax increments.
Subsection 2-26. Other Limitations on the Use of Tax Increment
I. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Central
Monticello Redevelopment Project No. I pursuant to the M.S, Sections 469.001 to 469.047. Tax
increments may not be used to circumvent existing levy limit law. No tax increment may be used for the
acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and
regularly for conducting the business of a municipality, county, school district, or any other local unit
of government or the state or federal government. This provision does not prohibit the use of revenues
derived from tax increments for the construction or renovation of a parking structure.
2. Pooling Limitations. At least 80 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extentthat the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 20 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
.
3. Five Year Limitation on Commitment of Tax mcrements. Tax increments derived from the District shall
be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule
set forth in MS., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 80 percent of said tax increments that remain after expenditures
permitted under said five year rule must be used only to pay previously committed expenditures or credit
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. 1-37
2-13
.
.
.
enhanced bonds as more fuBy set forth in M.s., Section 469.1763, Subd. 5.
Subsection 2-27,
Summary
The MonticeBo Housing and Redevelopment Authority is establishing the District to preserve and enhance
the tax base, and provide employment opportunities in the City. The TIF Plan for the District was prepared
by Ehlers & Associates, Inc., 3060 CentrePointe Drive, RoseviBe, Minnesota 55113-1105, telephone (651)
697-8500.
Monticello HRA
Tax Increment Financing Plan for Tax Increment Financing District No. }.37
2-14
.
.
.
APPENDIX A
PROJECT DESCRIPTION
The HRA will be selling 2.5 acres of land to a local company, Karlsburger Foods, Inc, relocating from
another city for a better location. The 20,000 square foot production/office facility will be built by the end
of 2006. The assistance is in the form of a pay-as-you-go write down of land, site improvements and
preparation, public utilities, and streets. The value of the building and land is listed at $1,110,000.
The company will pay $1.00 per square foot of land for the first two acres and $2.65 for the remaining half
acre in cash at closing.
APPENDIX
A-I
.
/---
.
~--""
.
APPENDIX B
MAP(S) OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
AND THE DISTRICT
APPENDIX
B-1
. APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parce1(s) listed below.
Parcel Numbers Address Owner
155-181-000020 Outlot B, Otter Creek Crossing 1 st Addition City of Monticello
.
.
APPENDIX C-l
.
.
.
APPENDIX D
ESTIMATED CASH FLOW FOR THE DISTRICT
APPENDIX
D-l
~
312312006 Page1of2
e EHLERS
. .....,..,..,.,
Karlsburger Foods Project
CITY OF MONTICELLO - Tax Increment Financing District
Production/Office Facility
_....~.. ~~
District Type New Economic Development District
Oi$trlct Number 1-37
Inflation Rate-Every Year 0.0000%
Pay-As-You-Go Interest Rate 6,5000%
Note Issued Date (Prasenl Value Date): 01-Aug-06
local Tax Rate - Mwdmum 110.2970% Pay 2006
Fiscal Disp:arffies Election (A-insida or B-outside) WA
YearOlstrictCertffied Pay 2006
Assumes First Tax Increment for District 2008
Year District Modified WA
Development located in Modified area No
Assumes First Tax Increment fOf Development 2008
Years of Tax Incremant 9
Assumes Last Vear of Tax Increment 2016
Fiscal Disparities Ratio 0.0000%
Fiscal Disparities Metro Wide Tax Rate 0.0000%
Local Tax Rate-Current 110.2970% Pay 2000
State Wide Property Tax Rate (used for total taxes) 50.8200% Pay 2006
Market Value Tax Rate {used forlotal taxes) 0.0667"1. Pay 2006
Commerciallnduslrial Class Rate 1.50%-2.00%
First 150,000 1.50%
"'"' 150,000 2,00%
Rental Class Rate 1.25%
Residental Class Rate 1,00%-1.25%
First SOO,OOO 1.00%
""~ 500,000 1.25%
Note:
1. Local Tax Rate within ISD BBl.
Cla$$Rate Allee
. Property Lood Building Total Class Original After Conversion Date
MaD to PIC Dw~e MarketValoo Market Value Market Value ...,. Ta:o:Caoacitv Conversion TaxCaoadtv Pavable
1 155.181.000020 City of Moo~ceIlo 110,000 0 110.000 MUnlcipal Exempt 1.50%--2,00% 1."" 2W1
TOTAL 110,000 0 "50
Note:
1. Land Value has OOefl prorated to reprosant2.5acms,
T"'" Market Value Taxes Per Total Market Class New Yaar "",.
""", U.. SQ. Ft./Units So. Ft,fUnlt Sa. Ft./Unlt Taxes Vatue '.re TaxCaDacttv Constructed Pavabla
1 Manufacturing 20,000 50.00 1.58 31,682 1,000,000 1.50%.2.00% 19,250 2006 2000
TOTAL 31,682 1000,000 19250
Note:
1. MarketVatue supptkld by City.
2. T1F runassumas 100",(, of tho building is corn;.tructed by January 2, .2007 for payable 200e.
T.... Looel A$Cal Looel R.", ......... Loe., '''''' .....wide __
Un .::.. T~ Disparities T~ Diaparltie!i Property T~. Disparities ""'- Value T"""
C. Caoacitv Tax C8.DaCItv Rare Tax Rate T~"" Taxes T._ Taxes Taxes
M~_ 19,250 19,250 0 1.10297 0.00000 0.5C620 21,232 0 9,783 .., ~1,682
TOTAl 19250 ,,,,, 0 1.10297 0.00000 0.50820 21232 0 9783 667 31682
Note:
1. MDntioel1o does not pay Fiscal Disparities,
2. Manufacturing payll S1ate-Wlde Property Tax and Fiscal Disparities.
.
ForDisc:unionf>urpo5&$ONlY P",paredhyEhlers&Associates,lnc. CasI!flowNew.llF.xls
3.'2312006 f'age2of2
. e ~.~g,~~
CITY OF MONTICELLO. TAX INCREMENT FINANCING DISTRICT
8m Project Fiscal Captured semi-Annual ,.... Admin. Semi_Annual SemI-AnnlW PAYMENT DATE
PERIOD BEGINNING CaTa~..., ca!~~I'" Disparities Ca~:~"" Gross Tax Auditor .. Net Tax Preseol PERIOD ENDING
y~. Mth. y,. Reduction Increment 0,36% 10.00% Increment Value y~ Mth. y,.
00 02-01 2000 0 0 0 Present Value Date _ 8-01-06 0.0 08-01 2000
00 08-01 2000 0 0 0 0 0 0 0 0 0 0.0 02.01 2007
0.0 02.01 2007 1,650 1,650 0 0 0 0 0 0 0 0.0 08-01 2007
0.0 00.01 2007 1,650 1,650 0 0 0 0 0 0 0 0.0 02~1 2000
0 17,600 9,706 {35) (96n 6,704 7.659
0.5 08-01 2008 1,650 19,250 0 17,600 9,706 (35) (967) 6,704 15,077 10 02~1 2009
1.0 02-01 2009 1,650 19,250 0 17,600 9,706 (35) (967) 8,704 22,2e1 1.5 08-01 2009
1.5 08-01 2009 1,650 19,250 0 17,600 9.706 ~5) (967) 8,704 29,219 2.0 02-01 2010
2.0 02-01 2010 1,650 19,250 0 17,600 9,706 (35) (967) 8,704 35,956 2.5 08-01 2010
2.5 08-01 2010 1,650 19,250 0 17,600 9,706 (35) (967) 6,704 42,465 3.0 02-01 2011
3.0 02-01 2011 1,650 19,250 0 17,600 9,706 (35) (967) 6,704 46,607 3.5 08-01 2011
35 08-01 2011 1,650 19.250 0 17,600 9,706 (35) (967) 6,704 54,929 4.0 02-01 2012
4.0 02-01 2012 1,650 19.250 0 17,600 9,700 (35) (967) 6,704 60,659 4.5 08-01 2012
4.5 08-01 2012 1,650 19,250 0 17,600 9,706 (35) (967) 6,704 66,602 5.0 02-01 2013
5.0 02-01 2013 1,650 19,250 0 17,600 9,706 (35) (967) 6,704 72,165 5.5 08-01 2013
5.5 0~1 2013 1,650 19,250 0 17,600 9,706 (35) (967) 6,704 77,552 6.0 02-01 2014
60 02-01 2014 1,650 19,250 0 17,600 9,706 {3~ (967) 8,704 62,no 5.5 08-01 2014
65 08-01 2014 1,650 19,250 0 17,600 9,700 (35) (967) 8,704 87,623 7.0 02-01 2015
7.0 02-01 2015 1,650 19,250 0 17,600 9,706 {35) (967) 6,704 92,717 7.5 08-01 2015
7.5 0B-01 2015 1,650 19,250 0 17.600 9,700 (35) (967) 8,704 97,458 '.0 02-01 2016-
6.0 02-01 2016 1,650 19,250 0 17,600 9,706 !~~: (967) 8,704 102,049 '.5 OB-01 2016
65 0~1 2016 1,650 19250 0 17600 9706 96" 6704 106496 9.0 02-01 2017
TOTAL 174710 '" 1140B 156673
PfesentValueDate-B-01-06 118.756 428 11833 106496
NOTES:
1. Slate AlJclitor payment is based upan 1st half, pay 2005 actuai and may incre8.>>e ovet" term of District
2_ AssUMes development is coostrucmd in 2006, "'lI5e$SOO in 2007 and first Increment is paid in 2OOS.
3. Amotlnt of Increment will vary depending upon market value, tax rates, class rates, cOl1structlon &chedule and inflation on market value,
4. Inflation on tall rates cannot be captured. TAX RATES COULD DECLINE.
S. TlF does not capture state wide property taxes or market value property taJlEls.
5. IF INFlATIONARY TIF IS RECBVED IN 2007, THE FINAL INCREMENT WILL BE 211/2016. CurrenlMa,l<elValue'Es! 110,000
New Ma,kelValue.Est. 1000000
How Tu Intrt'ment is Calculated Difference ~
TotalPropertyTnes 31,682 PresenlVlIllJeofTaxlnaemenl '18,756
kssStueTn _9,783 Difference 111,24-4
. lessMarke(VslueTu ..., VllllJe1ik~ytoocwr"'"thou1Taxlncrementjslessthan: 771,144
less Bas.e ValueTues ~Estim..te
AnnualTu Inc~t F"lIIaneing 19,412 Iessanyadmin.Fees
.
ForDiscussionPurpD$esONlY Prepan>dbyEhIers&Associates,lnc. Cashflow~.T1F.x15
.
.
.
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM
(MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT)
APPENDIX
B-1
.
.
.
APPENDIX F
BUTIFOR QUALIFICATIONS
Current Market Value
$110,000
$1,000,000
$890,000
$118,756
$771,244
New Market Value - Estimate
Difference
Present Value of Tax Increment
Difference
Value Likely to Occur Without TlF is Less Than:
$771,244
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the development proposed in the TIF Plan is a production/office facility that meets the City's objectives
for economic development. The business is moving from another city for a better location and has looked
at other cities. The cost ofland acquisition, site and public improvements and utilities make development
of the facility infeasible without City assistance. The City has suffered from a lack of affordable developable
manufacturing property. The HRA is the land developer and is only charging enough to cover its costs plus
interest to build the infrastructure.
The increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in market value estimated to result from the proposed
development after subtracting the present value ofthe projected tax increments for the maximum duration
ofTIF District No. 1-37 permitted by the TIF Plan: The City supported this finding on the grounds that the
cost of land acquisition, site and public improvements and utilities add to the total development cost. This
site and surrounding sites have been marketed for several years without success. Therefore, the City
reasonably determines that no other development of similar scope is anticipated on this site without
substantially similar assistance being provided to the development. To summarize this finding:
a. The City's estimate ofthe amount by which the market value of the site will increase without the use
of tax increment financing is $0 (for the reasons described above), except some unknown amount
of appreciation.
b. If the proposed development to be assisted with tax increment occurs in the District, the total
increase in market value would be approximately $890,000. The increase in market value would be
due primarily to new construction within the District. (See Appendix D and F ofTIF Plan).
c. The present value of tax increments from the District for the maximum duration of the district
permitted by the TIF Plan is estimated to be no more than $118,756 (See Appendix F ofTIF Plan)
APPENDIX
F-I
.
.
.
d. Even if some development other than the proposed development were to occur, the Council finds that
no alternative would occur that would produce a market value increase greater than $771,244 (the
amount in clause b less the amount in clause c) without tax increment assistance.
If the City and HRA did not assume the role ofland developer, the property would not develop in the near
term. If it did develop without assistance, the likely uses would be dominated by housing or other
development with little or no employment. The District meets the City's objectives for retaining existing
quality businesses, a mixture ofland uses, and high quality employment for its citizens.
APPENDIX
F-2
.
.
.
12.
Planning Commission Agenda - 04/04/06
Public Hearin!!: Consideration of a request for a Comprehensive Plan Amendment
relatin!! to desi!!nated park and open space. Applicant: Citv of Monticello. (NAC)
REFERENCE AND BACKGROUND
The City has begun studying the potential acquisition ofthe YMCA property to in order
to preserve the property as permanent open space and park land. As a part of this effort,
an amendment to the City's Comprehensive Plan is necessary to specify that the YMCA
property (already designated as open space on the land use plan) is an important part of
the City's park system.
The purpose of this amendment is to provide additional justification for the City's park
land dedication requirement and acquisition fee formula, recently increased to provide for
a potential funding mechanism for purchase of the YMCA land. Staff is recommending
that the attached amendment language be incorporated into the Parks and Open Space
element of the City's Comprehensive Plan. The language is intended to minimize areas
of the property where non-parkland development might occur, and instead, provide
direction to the landowner and others that recreation uses (passive or active) are the
intended long-term uses of this property.
ALTERNATIVE ACTIONS
Decision 1: Ameudment to Comprehensive Plan
I. Motiou to recommend approval ofthe Comprehensive Plan Amendment, based
on a finding that the YMCA property is an integral part of the open space pattern
of the community, and that conversion ofthe property to other non-park or open
space uses would be inconsistent with the City's expectations for this property, as
well as compromise the City's quality of life and general welfare.
2. Motion to recommend denial of the Comprehensive Plan Amendment, based on a
linding that the city should permit the conversion of the YMCA property to other
uses.
STAFF RECOMMENDATION
Staff recommends approval of the amendment. As noted. this amendment is intended to
specify that the YMCA property is not merely open space, but is an important part of the
City's park system into the future. Park dedication requirements and other City actions in
support of park and open space development on this parcel may be instituted for this
purpose subsequent to this amendment.
SUPPORTING DATA
A. Proposed Amendment Language
.
Policy Statement
Monticello Comprehensive Plan
Future Use for YMCA Property
The City has designated the "YMCA" property, an area of approximately 1,200
acres at the west edge of the current City of Monticello gro"1h area, for "Open
Space" on its future land use plan. The property lies generally south of County
Highway 39, west and north of90'h Street NW, east of Brighton Ave. NW, with
some exceptions. This area of open space has historically served both a local and
regional population as an open space resource and amenity. To ensure that it is
not sold for non-parkland development, the City has designated that the YMCA
property is to be incorporated into the City's Park and Open Space Plan, and that
park dedication funds, together with other sources of funds, may be utilized
toward its acquisition and development for park and open space purposes,
whether active or passive.
.
.
13.
.
.
.
Planning Commission Agenda - 04/04/06
Public Hearinl!: Consideration of a request for an amendment to the Subdivision
Ordinance relatinl! to Park Dedication. Avvlicant: Citv of Monticello. (NAC)
REFERENCE AND BACKGROUND
With the City's intent to acquire the YMCA property as a part of its park and open space
system, the need to address park dedication requirements is raised. The current formula it
based on the Park and Open Space plan element of the Comprehensive Plan, but does not
include the acquisition ofthe YMCA parcel.
To accomplish this goal, the city's park dedication requirement must be increased by
approximately 80 percent over current levels. Thus, the attached ordinance increases the
basic park dedication requirements from] 0% to 18%, or in the alternative, one acre per 40
people, rather than one acre per 75 people. The City has already set its park dedication fee at
$3,500 per housing unit by separate ordinance. The proposed land dedication change is
intended to bring the land dedication requirement into consistency with the fee.
ALTERNATIVE ACTIONS
Decision 1: Subdivision Ordinance Amendment relating to Park Dedication
I _ Motion to recommend approval of the amendment to the Subdivision Ordinance,
raising the park dedication requirements to incorporate the YMCA property, based on
a finding that the YMCA property would be an integral part ofthe City's park and
open space system, and that the proposed dedication requirement accounts for fair
division ofthe contribution to acquisition of said property from future development
and existing development.
2. Motion to recommend denial ofthe amendment, based on a finding that the
acquisition should not be funded by park dedication contributions.
STAFF RECOMMENDATION
Staff recommends the amendment. Without the amendment, the City's park dedication land
requirement would not be consistent with the fee set by ordinance. Because the YMCA is
considered an integral part of the City's park system, it may be acquired with proceeds from
the City's park dedication fund. The land dedication amount has been set based on a future
service population of approximately 30,000 people, including the current population of the
City. As such, it is expected that taxpayer contributions to the acquisition would be
combined with park dedication funds at a ratio of approximately J :2.
SUPPORTING DATA
A. Draft Ordinance Language
Planning Commission Agenda - 04/04/06
.
City of Monticello, Minnesota
Wright County
Ordinance No.
AN ORDINANCE AMENDING SECTION 11-6-1 OF THE MONTICELLO CITY
CODE, KNOWN AS THE SUBDIVISION ORDINANCE, BY PROVIDING FOR
AMENDED PARK DEDICATION REQUIREMENTS.
The City Council of the City of Monticello hereby ordains:
Section 11-6-1 is hereby amended to read as follows:
11-6-1: DEDICATION REQUIREMENT:
.
(A) Pursuant to Minnesota Statutes 462.358, Subdivision 2,
the City Council of Monticello shall require all developers
requesting platting or replatting of land in the City of
Monticello to contribute an amount of land for public park and
trail purposes. The location of said land shall be at the
discretion of the City Council. The amount of said land shall
be reasonably commensurate with demand that the platting or
replatting places on the City park system, as described in the
Comprehensive Plan. For purposes of this section, an amount
of land equal to ten eighteen percent (~ (18%)of the total
gross land area of the plat shallbe presumptively defined as
"reasonably commensurate." In the event that the subdivider
obj ects to the-4c-eft eighteen percent (10%) (18 %) standard, the
City shall, at the developer's request and expense, conduct a
specific dedication study of the park system and the demand
placed on the system by the proposed plat. (AI t: For purposes
of this Section, an amount of land equal to one (1) acre for
each +& ~persons in the subdivision shall be presumptively
defined as "reasonably commensurate." To estimate the
population of the subdivision, a household size of 3.5 persons
per unit for single family homes and 2.5 persons per unit for
attached housing shall be used.] Prior to conducting the
study, the City shall obtain a waiver of statutory time lines
for plat approval during the conduct of the study. No approval
of final plats, nor construction of any improvements,shall
occur until the park dedication study is completed. In lieu of
land dedication, the City Council may require a cash
contribution in accordance with Minnesota Statutes, or a
combination of both. The City Council's decision on land
and/or cash shall be made following recommendations from the
.
Planning Commission Agenda - 04/04/06
.
City's Park Commission and staff, in accordance with the
Comprehensive Plan. (#412, 8/23/04)
Section 2.
This Ordinance shall take effect and be in full force from and
after its passage and publication.
, Mayor
ATTEST:
, Administrator
.
AYES:
NAYS:
.