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Planning Commission Agenda 03-04-2008AGENDA MONTICELLO PLANNING COMMISSION Tuesday, March 4th, 2008 6:00 PM Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Gary Anderson, Kimberly Holien - NAC Call to order. 2. Consideration to approve the minutes of February 6th, 2008. Consideration of adding items to the agenda. ~1. Citizen comments. 5. Public Hearing -Consideration of a request for Conditional Use Permit for Concept Stage Planned Unit Development for a retail commercial development in the Central Community District. Applicant: Lags Tires, Inc. 6. Public Hearing - Consideration of a request for Conditional Use Permit for Development Stage Planned Unit Development, Conditional Use Permit for Drive-Through Facility and Conditional Use Permit for Shared Access for a fast food restaurant in a B-~ (Regional Business) District. Applicant: McDonald's Corporation 7. Public Hearing -Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 3-9 regulating address number signs. Applicant: City of Monticello 8. Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 3-5, Off- Street Parking Requirements, as related to the regulation of the size and weight of vehicles parked in residential districts. (Tabled from 2-6-08 meetinp~ Applicant: City of Monticello 9. Public Hearing -Consideration of a request for Amendment to the Monticello Zoning Ordinance for the regulation of Grading, Erosion & Sediment Control. Applicant: City of Monticello 10. Consideration to review for recommendation proceeding with a Request far Proposal for the completion of a comprehensive update to the Monticello Zoning Ordinance. 11. Consideration to call for a public hearing for the recommendation of adoption of the 1Vlonticello Comprehensive Plan. 12. Consideration to appoint a liaison to the Ad Hoc Natural Resource Inventory Selection and Review Committee. 13. Adjourn. MINUTES MONTICELLO PLANNING COMMISSION ~.J Commissioners: Council Liaison: Staff: 1. Call to order. Wednesday, February bth, 2008 6:00 PM Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Susie Wojchouski Angela Schumann, Gary Anderson, Kimberly Holien - NAC Chairman Dragsten noted full quorum and welcomed new Council Liaison Wojchouski. 2. Consideration to a rove the minutes of Janu 2nd 2008. MOTION BY COMMISSIONER HILGART TO APPROVE THE MINUTES OF JANUARY 2nd, 2008. • MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0. Consideration of addin items to the a enda. Commissioner Hilgart requested that an item titled "Miscellaneous" be added as item 9. Commissioner Gabler requested that an update on the status of the Mi11s Fleet Farm be added as item 10. Chairman Dragsten added a Comprehensive Plan update as item 11, and update on enforcement related to commercial vehicle parking as item 12. 4. Citizen comments. NONE. Public Hearin - Consideration of a re nest for Final Plat and a re uest far Rezonin from B-3 Hi hwa Business to B-4 Re Tonal Business District for the ro osed JERRY HARTUNG ADDITION. A licant: SB 22 LLC/Mike Krutzi C~ Planner Holien presented the staff report. She stated that Mike Krutzig had submitted an application for Final Plat/Replat of Monticello Business Center Second Addition, and a request for rezoning from B-3, Regional Business to B-4, Highway Business. An additional application for a CUP for joint access and joint parking was submitted, but has been deemed incomplete. Holien stated that staff expects that the CUP application will come forward at a later date. As such, the final plat and rezoning are to be considered independent of any Conditional Use Permits for future site development. Planning Commission Minutes - 02/06/08 Holien described the subject site, indicating that is approximately 3.63 acres in area and is located east of Highway 25 and west of Cedar Street. The applicant is proposing to plat the site as the terry Hartung Addition. In terms of the rezoning request, Holien explained that the Comprehensive Plan designates the site for commercial land uses, and the requested B-4 designation is generally consistent with the intent of the Comprehensive Plan. Holien commented that while the purpose of the B-3 and B-4 Districts are identical, the B-4 Zoning District allows for a wider variety of commercial uses. All uses allowed in the B-4 District would again be consistent with the Comprehensive Plan designation for the site. Holien Hated that the property directly east of the site is zoned B-4 and land to the north of the site and west across Highway 25 is zoned B-3. No minimum lot width, lot area, or setback requirements apply to the B-4 District. Holien stated that the proposed lot sizes appear large enough to support commercial uses, as well as the required landscaping, parking, and drive aisles to accommodate said uses. Holien commented that curb cut locations have not been illustrated on the proposed plat, but have been shown on the site plan submitted with the CUP application. The applicant is proposing two curb cuts an the east side of the site, off Cedar Street. The first curb cut will provide access to Lot 2. The second will provide access to Lot 1. Each curb cut is proposed at a width of approximately 30 feet. These access locations comply with the minimum setback requirements. Internal traffic circulation will be evaluated as part of a future CUP application. As part of the plat, Holien stated that the applicant has provided right-of--way to accommodate a potential expansion of Cedar Street on the south side of the property, as it extends to the south past Kjellberg's East. As noted on the above chart, the applicant is dedicating 8,743 square feet af~ight-of--way for Cedar Street in the southeast corner of the site. The applicant has inquired about the potential to place parking within this right-of--way with any future development. The applicant would be required to enter into an agreement with the City regarding the future extension of Cedar Street and potential encroachments as a condition of approval. Holien reported that the City Engineer has reviewed the proposed plat and determined that an additional easement is necessary through the center of the site, over the existing storm sewer. As a condition of approval, the applicant is required to revise the survey to include this easement, as deemed appropriate by the City Engineer. No permanent structures may be placed within said easement. The applicant shall be required to comply with any additional recommendations of the City Engineer, as they relate to grading, drainage, and utilities. Voight inquired why the storm sewer isn't shown on the plat and inquired about the locatipn. Holien stated that the sewer runs through the center of the proposed Lot 2. Holien noted the applicant is working with the engineer on a final configuration far the easement. Hilgart asked if the storm sewer is shown on the original plat. Holien explained that the easement document was created in conjunction with the placement of the sewer, but was never executed. For that reason, it needs to be shown as part of this plat. Hilgart asked far more information on the proposed Cedar Street. Holien responded that the plans for the future extension of Cedar Street have not been finalized. The configuration shown on the proposed plat represents the worst case scenario for the future extension. She noted that an assessment for the extension would be included within the development agreement far the plat. Hilgart inquired why the City doesn't know what the alignment of the street will be and if the outlot will only be parking. Schumann indicated that as the property to the south is currently developed and 2 Planning Commission Minutes - 02/06/08 there is no plan for redevelopment of that area at this time, developing firm plans for the alignment are premature. Different redevelopment patterns will impact the final road alignment. Holier stated that the outlot area is shown on site plan as parking, but the applicant is not restricted to use it only as parking. Dragsten noted that the property owner will not be able to put a building on the right-of--way. Voight asked where the existing cul-de-sac is. Holien illustrated its location. Spartz stated that based on the site plan presented, the applicant will be requesting a conditional use permit for joint parking. They are currently requesting a rezoning from B-3 to B-4. Spartz inquired whether the two districts are different in terms of regulations for shared parking. Holien answered that as parking is determined by use, not zoning. The final parking requirements do not change. A CUP will still be needed under B-4. Gabler noted that site plan proposes a restaurant use. She asked whether the applicant is proposing a drive through. Holien stated that based on the current site plan, they are not. Chairman Dragsten opened the public hearing. Mike Krutzig, 18897 180x` Avenue, Big Lake, made himself available for questions. Dragsten asked Krutzig if he had any problems about the land he will be giving up for platting Cedar Street. Krutzig stated that he understands this is part of the platting process. Dragsten asked if he is aware of the conditions listed in the planning report, along with the City Engineer's conditions. Krutzig replied that he was familiar with both. Dragsten inquired with regard to platting, if the applicant had thought about preliminary platting and waiting until the right user to final plat. Krutzig stated that he is very close to signing with a particular user, but needs the final plat as assurance that they can get the parking they need. Hearing no further comment, Chairman Dragsten closed the public hearing. MOTION BY COMMISSION VOIGHT TO RECOMMEND APPROVAL OF THE REQUEST FOR FINAL PLAT AND REZONING FROM B-3 (HIGHWAY BUSINESS) TO B-4 (REGIONAL BUSINESS), BASED ON A FINDING THAT THE PROFOSED FLAT IS CONSISTENT WITH THE PERFORMANCE REQUIREMENTS FOR THE B-4 DISTRICT, THE CHARACTER OF THE SURROUNDING PROPERTIES, AND THE COMPREHENSIVE FLAN, SUBJECT TO THE CONDITIONS IN EXHIBIT Z AS FOLLOWS. 1. The applicant shall be required to provide a storm sewer easement through the center of the property, as determined by the City Engineer. No permanent structures may be located within said easement. 2. The applicant shall enter into an agreement with the City addressing the future extension of Cedar Street and associated assessments. Said document shall also address an encroachment agreement for the storm sewer easement. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. 6. Public Hearin -Consideration of a re uest for Prelimina Plat for the ro osed UNION CROSSINGS THIRD ADDITION a commercial subdivision in a B-4 Re final Business District. A licant: R an Com anies US Inc. Planner Holien provided a report an a request by Ryan Companies has applied for Preliminary and Final Plat approval for Union Crossings Third Addition, a commercial subdivision consisting of three lots. Planning Commission Minutes - 02/06/08 Holien described the site, located south of 7th Street, west of Highland Way, and east of the St. Henry's Church property. She stated that the gross area of the site is 3.85 acres and is part of the existing Union Crossings Planned Unit Development. The site is part of the existing Union Crossings PUD and therefore, additional applications are expected prior to development. In a narrative submitted by the applicant, it is stated that the platting has been requested prior to any applications for Conditional Use Permits or development stage PUD to facilitate the sale of the lots. In her analysis of the request, Holien stated that the subject site is guided for commercial land uses in the Comprehensive Plan and is zoned B-4, Regional Business. The site is currently platted as Outlot C of Union Crossings. The applicant is proposing to plat the site as Block 1, Lots 1, 2, and 3 of Union Crossings Third Addition. Holien stated that there are no minimum lot area, lot width, or setback requirements that apply to the B-4 District. No structures have been sited on the proposed lots. Holien reported that any future buildings proposed for the site shall be evaluated on their own merit at the time of development to ensure that each lot will function properly with adequate space for required parking and landscaping. Access to the lots has not been illustrated on the plat documents. Instead, staff anticipates that access points will be determined as each site develops. The width of each lot appears adequate to provide a curb cut setback of at least 4Q feet from the intersection of two of more rights-of--way, as required in the Zoning Ordinance. Holien stated that the applicant is asked to comply with all recammendations of the City Engineer as they relate to grading, drainage and utilities. Holien concluded by stating that staff recommends approval of the plat. Gabler asked where Home Depot and Office Max are in relationship to this proposed use. Chairman Dragsten opened the public hearing. Steve Broyer of Ryan Companies addressed the Commission as the representative for the applicant. Voight inquired where the previously approved bank is located relative to the plat. Broyer illustrated the location of the bank. Broyer presented a letter from MnDOT, which indicated they had reviewed the proposed plat and had no comment. Gabler questioned whether Ryan has prospective teanants for the site. Broyer confurned that Ryan did have a fast food restaurant user for one of the sites; the platting will facilitate the land sale. Dragster inquired whether Lot 3 was of adequate size and depth to place a building. Holien commented that the site is zoned B-4, which has no building setback. She said that based on staff review of the size and depth, a commercial user could function on the site. • Dragsten asked how storm water was being managed. Broyer responded that WSB had worked with them on storm water. The site has three storm sewer stubs for each lot to convey storm water to the regional storm pond which serves Union Crossings. Hearing no other comments, Chairman Dragsten closed the public hearing. 4 Planning Commission Minutes - 02/06/08 MOTION BY COMMISSIONER SPARTZ TO APPROVE THE PRELIMINARY AND FINAL PLAT OF UNION CROSSINGS THIRD ADDITION, SUBJECT TO A FINDING THAT THE PROPOSED FLAT IS CONSISTENT WITH THE INTENT OF THE B-4, REGIONAL BUSINESS DISTRICT, AND THE COMPREHENSIVE PLAN. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0. 7. Public Hearin -Consideration of a re uest far Sim le Subdivision are uest far Conditional Use Permit for Joint Access for Prairie Fonds Second Addition a commercial lot in a B-4 Re Tonal Business District. A licant: Premier Bank Planner Holier presented the report for the request, indicating that Fremier Bank is seeking approval of a Simple Subdivision and Conditional Use Permit for Joint Access for their property at 4134 Deegan Court. The property is currently platted as Lot 2, Block 1 of Prairie Ponds Second Addition. Holier reported that the subject site is guided for commercial land uses in the Comprehensive Plan and is zoned B-4, Regional Business. The applicant is proposing to subdivide a portion of the lot, which is identified as parcel A on the plans, into a lot of 1.16 acres in area. The parcel containing the existing bank building, parcel B on the plans, is proposed to be 1.55 acres in area after the subdivision. Holier noted that na minimum lot area, lot width or setback requirements apply to the B-4 District. For references purposes, this information has been provided for the proposed parcels. No buildings are proposed for Parcel A at this time. She commented that any future buildings proposed for Parcel A would be evaluated on their own merit at the time of development to ensure that each lot will function properly with adequate space far required parking and landscaping. In terms of the Conditional Use Permit, Holier stated that the proposed shared access location is located approximately 33 feet from the east side lot line. The curb cut between the two parcels is proposed to be 24 feet in width. No curb currently exists along the property line. Holier explained that by code. adjoining business properties may share full parking access of more than 24 feet with no curb barrier by Conditional Use Permit, provided that the required landscaping and island areas within the shared parking lot meet the combined minimum required by ordinance. In this case, the applicant is proposing shared access, but not shared parking. According to the original landscape plan for the Premier Bank site, the proposed curb cut far the shared access will not interfere with any required landscaping on the existing site. Holier also noted that the ordinance regulating conditional use permit for joint parking requires that the parking lot meet the setback at the perimeter of the parcels in question. The existing parking lot on Parcel B is consistent with the setback requirements. No parking lot has been illustrated on Parcel A at this time. Any future parking area an Parcel A will be evaluated on its own merit at the time of development through the CUP process. Holier stated City Engineer Westby has reviewed and approved the proposed curb cuts. Additionally, the ordinance requires that a shared access and maintenance agreement is provided by the property owners and recorded against all subject properties. Holier stated that while no such maintenance agreement has been provided as part of the application, this document will be Flanning Commission Minutes - 02/06/08 required as a condition of any approval, and would be reviewed and approved by the City Attorney. Holien commented that the on 'nal site lan for the Premier Bank site illustrates a snow stora a area ~ p g north of the site, on the proposed Parcel A. The proposed shared drive will cut through this snow storage location. Holien suggested that the applicant be required to show an alternate snow storage area an Parcel A, as that site develops. Holien indicated that a grading and drainage plan was approved for the site with the review of the Frairie Ponds Second Addition plat. Holien finished her report by stating that staff recommends approval, subject to conditions as noted in Exhibit Z. Chairman Dragsten opened the public hearing. Nick Nowacki, of Meyer Rohlin Engineering spoke on behalf of the applicant. Dragsten asked if Nowacki is familiar with Exhibit Z. Nowacki stated that he is and that he has discussed the conditions with the bank. They have no issues with the conditions of approval. Dragsten asked if they have users for the lots. Nowacki stated that the bank just wanted to separate the lot for business and family reasons, as the bank will continue to own one parcel and the family that owns the bank will own the other. He stated that Premier is not actively marketing the property, other than the sign on the site. Spartz noted that the requirement for an alternate snow storage area was not listed in the Exhibit Z. Holien responded that item would fall into the CUP review for the vacant parcel as it develops. Voight inquired if it is typical to have a designated snow storage area. Holien stated that while the City hasn't required it to be shown, it was called out here, and it was noted. If the applicant is counting on it for the purposes of maintenance for their site and circulation, staff would like to see an alternate area. Voight asked if there would be a curb along the property line area. Holien stated that it would be required. Voight questioned whether there would there be another curb cut on the cul-de-sac to provide access. Holien confirmed that they could potentially add one. Voight stated that if they didn't, circulation could be difficult. He questioned whether there was adequate spacing to add the curb cut. Holien stated that the driveway setback is determined from property line. The requirement is 10 feet from side property line. Ln this case, another curb cut would work. Dragsten asked if there is any water and sewer information far the site. Schumann clarified that had been reviewed with the original plat and that the vacant lot does have services. Drasgten asked about lot widths. He cited that the report lists a requirement for 100 feet, and they only have 83. Holien clarified that originally, staff believed that this site was B-3, which does require a 100 foot lot width. However, it was found that the zoning is B-4, which has no minimum lot widths. Spartz confirmed that while there are setbacks for access, there are none for the buildings. Holien indicated that statement was correct. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE REQUEST FOR SIMPLE SUBDIVISION OF LOT 2, BLOCK 1 PRAIRIE PONDS 2N° ADDITION AND A CUP FOR SHARED ACCESS, BASED ON A FINDING THAT THE PROPOSED ARRANGEMENT IS CONSISTENT WITH THE INTENT OF THE B-4, REGIONAL, BUSINESS DISTRICT, AND THE COMPREHENSIVE PLAN, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z AS FOLLOWS. 6 Planning Commission Minutes - 02/06/08 1. Future development of Parcel A shall require full Conditional Use Permit review to ensure compliance with the proposed CUP for shared access. 2. The applicant shall provide asix-foot drainage and utility easement along the interior property lines of both parcels. 3. The restoration of any private facilities disrupted due to work within the drainage and utility easement shall be at the expense of the property owner. 4. The applicant shall provide a shared access and maintenance agreement and record it against all subject properties. S. The Subdivision and all necessary easements shall be recorded with the Wright County Recorder's Office within 100 days of approval. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, S-0. 8. Consideration of a re uest for Amendment to the Monticello Zonin Ordinance Cha ter 3-S Off- Street Parkin Re uirements as related to the re lotion of the size and wei ht of vehicles asked in residential districts. A licant: Cit of Monticello Holien provided the staff report for the request, stating that the item had previously been considered at the January meeting, at which time the Commission directed staff to prepare more research. Staff had prepared an exhibit regarding length, width and height. That exhibit has been amended to include width. Additionally, the staff report has been amended to include information from Public Works and the City Engineer, who noted that allowing 12,000 pound gross vehicle weight may create a situation of quicker degradation for Monticello roadways. She noted that consumer vehicles may already exceed that limit. Holien explained that in working on a revised report for the Commission, Building and Public Works staff recommended looking at a license plate regulation. Currently, vehicles of 9,000 pounds or more are required to have a State license sticker with the letter "E", while 12,000 pound vehicles have an "F" sticker. The letters increase as the weight gets higher. Holien stated that the letter may also help with ease of enforcement. She commented that Commission may feel inclined to just include license plate regulation in lieu of weight. Holien stated that in terms of emergency response vehicles, if the Commission would like to make an exception for those types of vehicles, they would still need to meet parking location requirements. Holien reported that Chief Building Official Anderson would not like to see vehicles in excess of 22' long. Gabler asked if the Building Department has a width and height limitation they would like to see. Holien stated that Anderson has only noted length requirement. DJ Hennessey spoke to the Commission on behalf of the Building Department. Hennessey stated that Anderson had mentioned length as a personal concern. He noted that when regulating widths, it would start getting into personal vehicles violation. Heights are something the Building Department would need to look into, to make sure the regulations don't cut into personal vehicles. Dragsten commented that in trying to keep track, it would be nice to have simpler regulation. Hennessey agreed, noting difficulties with measurements and vehicle weight capacity. He stated that 7 Planning Commission Minutes - 02/06/08 is why the Building Department had suggested the idea of regulating by license plates. As commercial vehicles have to register with State, the sticker is a uniform requirement. It is also the easiest to review for violation without encroaching on personal property. Dragster stated that in looking through the materials, it seems like it is more complicated than it needs to be, that perhaps the sticker maybe the easiest to understand and regulate. Dragster asked who enforces this ordinance. Hennessey responded that it is the Building Department. He also noted that the City's current administrative fee ordinance does not include the ability to fine for these types of violations. Wojchouski asked what is parking defined as. Holier stated that parking would be determined as stationary, in other words, stopped is parked. Wojchosuki asked hnw these regulations could impact someone who is using a U-haul to move. Holier stated that they wouldn't be able to leave it parked for a long period of time. Voight stated that there would need to be some common sense in the application of the ordinance. Hennessey stated that regulation would also be detenzrined by the intent to store the vehicle, rather than an incidental or transitory use. Dragster clarified that it would be regulated if it were a chronic problem. Holier noted that there are also other locations available for parking of commercial vehicles. City staff have been working to provide information on this. Dragster stated that the simplest means of regulating seems to be by the letter licensing requirement. He indicated that the other issue to consider is whether emergency vehicles should be exempt. Dragster asked if towing vehicles are currently designated as emergency vehicles. Holier stated that she doesn't believe they are included in that definition now. It has been brought up for discussion, but never formally written in. Gabler stated that she had been concerned about where tow vehicles could be parked. However, if the ordinance applies to bath on and off street parking, she stated that she felt that tow trucks should be included within the definition of emergency vehicles. Hilgart indicated that he had some concern about this regulation, as the large recreational vehicles are as much of a problem. Schumann responded that staff would prefer to deal with commercial vehicle regulation first, and then if the Commission chooses, call for a separate hearing on recreational vehicles. Hennessey also noted that the off street parking ordinance requires that only one recreational vehicle may be parked in a driveway. Spartz asked if RVs have a similar licensing structure through the State. Holier stated that she was unsure. Hennessey commented that he believes that RVs have a separate licensing system. Hilgart noted that changing the regulation to 12,000 pounds makes it cloudy for him, as there maybe personal vehicles that exceed that number, although the commercial designation seems to limit that. He noted the increasing size of passenger vehicles. Spartz stated that the intent of the amendment is to get an unsightly nuisance out of someone's yard in an easily enforceable way. However, he noted that affecting someone's livelihood is a concern for him. Gabler asked if those who get violations can appeal. Holier stated that she doesn't know if the 8 Planning Commission Minutes - 02/06/08 administrative portion of the code has a formal appeal process. Dragsten commented that some commercial vehicles parked in residential districts also pose a safety issue; the intent is to get rid of those; especially if the City does offer somewhere else to park them. Wojchouski recommended that this information should be provided to those who receive violations. Voight stated that within the code search, Big Lake's ordinance included some language referencing that "not a resident at residential site", which he believes needs to be added into the amendment. Holien stated that could be added. Holien stated that if the Commission chooses, staff could redraft the amendment based on the license sticker requirement and bring it back in final formal for review. MOTION BY COMMISSIONER DRAGSTEN TO DIRECT THAT STAFF DRAFT AN ORDINANCE AMENDMENT REGULATING COMMERICAL VEHICLES IN RESIDENTIAL DISTRICTS BASED ON THE FOLLOWING RECOMMENDATIONS: An "P" State license sticker, regulating 12,000 pounds, or greater Including language "not a resident at the residential site" Including tow trucks as emergency vehicles. MOTION SECONDED BY COMMISIONER SFARTZ. MOTION CARRIED, 5-0. 9. Miscellaneous. Commissioner Hilgart stated that he has been: wandering about the sign issue in relationship to the Moon Motors decision. He commented that it seems that perhaps the City should eliminate the sign ordinance and evaluate each request case by case. He also noted a similar concern regarding variance requests. He stated that his point was that the ordinance is the basis for decisions. Gabler stated that she agreed with Comrxiissioner Hilgart's concerns. The Commission had denied the Moon variance and then when appealed, the City Council overruled the Commission. She inquired what was the purpose of putting City staff through the motions of review if the outcome was pre- determined. Holien noted that the City is looking very closely at the sign ordinance and is about to embark on a complete review and codification of the zoning ordinance. Dragsten stated that the Commission looks at the sign ordinance every year, and that he believes that the Commission tries to accommodate new and existing businesses. He Hated that the Conunission did recommend amendments in the CCD and the freeway overlay district. Dragsten agreed that it is an important issue. Wojchouski responded to Hilgart's concern by referencing Moan's multiple products and the size of building as Council's rationale for granting the variance. She stated that she thought it was tastefully done in terms of the use. She suggested that perhaps the City does need to do some re-writing. Draggten stated that he thinks the point is that the Commission denied the request because there was no hardship. Moon will have products on display in a very visible way along the interstate, which will be seen more than the sign. With all that advertising, they should have been able to stay within the ordinance. 9 Planning Commission Minutes - 02/06/08 Hilgart commented that the point is not the Moon Motors signage; he doesn't think it was too much. He stated that the issue is that it is not for him to make the determination to ignore the ordinance. He stated that the City should go with what the rules say; if not then change the rules. He stated that he didn.'t want to ruffle any feathers, but wanted to state his paint. Schumann responded that in terms of the process, and as related to the Moon variance, technically the proper process would have been to deny the variance, amend the ordinance, allow Moon to come back and re-apply under the new ordinance. However, in this case, the Council had an appeal, had an ordinance they found to be out-dated or inappropriate, felt the signage proposed was appropriate for the use and building and found that to be the hardship. Spartz stated that he also supported Hilgart's comments. He recommended that based on this discussion, the sign ordinance needs to come back for amendment. MOTION BY COMMISSIONER SI'ARTZ TO AUTHORIZE THAT THE CITY COMMENCE A REVIEW AND AMENDMENT TO THE MONTICELLO ZONING ORDINANCE REGULATING SIGNAGE. MOTION SECONDED BY COMMISSIONER DRAGSTEN. MOTION CARRIED, 5-0. 10. Fleet Farm Update. Schumann indicated that while Fleet Farm has not made any further requests of the City in terms of site development or building permit, they have closed on the property and have maintained an interest in what is occurring within the community. She noted that they had recently requested a copy of the draft comp plan. Dragsten asked if they would build this year. Schumann stated that she did not know. 11. Comp Plan. Schumann reported that HKGi was in the process of reviewing comments from the open house. If there are significant issues that require review, the Planning Commission and City Council may be asked to participate in a special meeting, tentatively set for February 25~'. Commission will be asked to set a public hearing date for the review of the comp plan at March's meeting for April. 12. Enforcement Item -Commercial Vehicles. Schumann reported that the Building Department had acted immediately in response to Commission's concerns about commercial vehicle parking on Golf Course Road. A letter related to the violation was sent. The Department will be following up on action resulting from the notice of violation. 13. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. 10 Planning Commission Agenda - 03/04/08 5. Consideration of a re uest for a Conditional Use Permit for Conce t Sta e Planned Unit Develo ment for a retail commercial develo meat in the Central Communi District. A licant: La s Tires Inc. AC BACKGROUND Lags Tires, Inc is requesting a Conditional Use Permit for Concept Stage Planned Unit Development for a commercial development to be known as Sixth Street Station. The applicant is proposing a commercial strip center with seven tenant spaces and a pad site containing a Tires Plus use. The subject site is located at 508 State Highway 25 S and is zoned CCD, Central Community District. The City previously approved a Conditional Use Permit for a Comprehensive Sign Plan for the retail center portion of the site in 200'x. Com rehensive Plan: Monticello's Comprehensive Plan designates this area for a mix of land uses. Zonin :The subject site is zoned CCD, Central Community District. The purpose of the CCD District is to implement the plans and policies of the Monticello Downtown Revitalization Plan as that Plan is designed to provide for the establishment and continuation of a traditional downtown area in Monticello's primary commercial core. The district will contain a mix of land uses which can compatibly coexist with requirements based upon enhancement of the district's natural features and mitigation of land use conflicts between differing uses. All proposed uses in the CCD District will be evaluated against the goals and objectives of the Monticello Downtown Revitalization Plan as adopted and as maybe amended by the City Council. Analysis The applicant is proposing a pad site in the south portion of the site to contain a Tires Flus building, approximately 7,222 square feet in area. The site currently contains a commercial strip center consisting of '~ tenant spaces and accessary parking. Planned Unit Development has been requested to accommodate shared parking, shared access and parking flexibility. Upon any approval for Concept Stage Planned Unit Development, the applicant shall be required to submit applications for Preliminary and Final Flat, and a Conditional Use Fermit for Development Stage PUD. Conditional Use Permit. The applicant is proposing a Tires Plus on the site's pad location, which can be classified as a minor auto repair use. Minor automobile repair is allowed in the CCD, Central Community, District by Conditional Use Permit, provided the following conditions are met: • Planning Commission Agenda - 03/04/2008 1. The entire site other than that taken up by a building structure ar plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 2. A drainage system subject to the approval of the City Engineer shall be installed, 3. The lighting shall be accomplished in such away as to have no direct source of light visible from adjacent land in residential use or from the public right-ot~way and shall be in compliance with Chapter 3 Section 2 H of this ordinance. 4, 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 7 G of this ordinance. 5. 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. 6. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3 Section 9 of this ordinance. 7, Provisions are made to control and. reduce noise. No outside storage except as allowed in compliance with Chapter 13 Section 4 of this ordinance. 9. 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 welfare and public betterment can be served as well or better by modifying the conditions. Parking. The proposed building on the pad site is approximately '1,222 square feet in area. This building is proposed to house a Tires Plus, which maybe classified as an auto repair use, The parking requirement for auto repair uses is 8 spaces plus one additional space far each 800 square feet of floor area over 1,000 square feet. The existing retail commercial building is 35,512 square feet in area. The site plan indicates that the proposed uses for the structure will be a variety of commercial retail/office tenants. The applicant has provided a breakdown of storage space versus usable space, which is illustrated below. The parking requirement for such uses is one space for each 200 square feet of floor area. The applicant has been in contact with the City's Building Department regarding a potential restaurant use, estimated to be 10,000 square feet in area. A floor plan • 2 Planning Commission Agenda - 03/04/2008 has been submitted, illustrating approximately 4,000 square feet of dining space and 800 square feet of kitchen space. In determining the parking requirement, 10% of the remaining building is presumed to be reserved for utilities, hallways, bathrooms, and other facilities. As such, the estimated parking requirement is as follows: Tenant Floor Area Floor Area at 90% Required Parking Stalls Auto Re air 7,222 s ware feet 6,500 s uare feet 15 stalls Office/Retail 17,920 square feet N/A 90 stalls Restaurant Kitchen: 800 square feet Dinin : 4,000 s uare feet N/A N/A 10 stalls 100 stalls Total Re uired 215 stalls The applicant is providing 158 of the 215 parking stalls required. As part of the PUD and shared parking arrangement, a reduction in parking may be permitted. With. a mix of uses on the site, some overlap in peak hours is expected. However, the proposed parking reduction is significant. The insufFicient parking maybe further amplified by the lack of on-street parking surrounding the site. Due to the number of curb cuts along b`" Street and the adjacent railroad tracks, feasible locations for nn-street parking are limited to Cedar Street. The City shall determine if the proposed parking arrangement is appropriate. The applicant is proposing five parking stalls parallel to 6t'' Street, within the right-ot=way. The applicant is also proposing five parking stalls within the drainage and utility easement on the north side of the property, and a building addition to accommodate indoor parking stalls in the northeast corner of the site. License agreements shall be required far any parking within the right~of--way or easements. Additionally, no permanent structures are allowed within the drainage and utility easements, as it proposed in the northeast corner. The applicant shall be required to address these concerns as part of any application for Development Stage PUD. Access and Circulation. Access to the site is provided via the existing curb cut off Highway 25, and three existing curb cuts off 6t" Street. The applicant is proposing to close one curb cut along 6t" Street, to provide additional parking. Na new access paints are proposed as part of the concept plan. Due to the fact that the property fronts on Highway 25, the plat must also be reviewed by MnDOT. Internal access will be accommodated by a series of drive lanes a minimum of 23 feet in width. Typically the City required drive lanes at a width of 24 feet when intended to accommodate two-way traffic. However, the proposed arrangement is existing, and therefore maybe appropriate for the site. Additional drive lanes proposed as part of the project are 24 feet in width. 3 Planning Commission Agenda - 03/04/2008 The applicant is proposing a series of service bays on the south side of the Tires Plus building, facing Sixth Street. While not illustrated on the site plan, it appears as though these bays will captain overhead garage doors. The Zoning Ordinance does not prohibit this arrangement. However, staff recommends that the applicant screen this area from Sixth Street with dense vegetation as part of the landscape plan required at Development Stage PUD. Signage. No sign plan has been submitted as part of the application. A Comprehensive Sign plan for the existing building was approved for the site in 2007. However, any Signage for the Tires Plus use must reviewed on its own merit. Landscaping. The application is showing 15 Ash trees and one evergreen tree on the site plan. The details of the landscape plan have not been provided, but will be required as part of any application for Development Stage PUD. The applicant is required to provide one landscaped island within the parking lot far each 5,000 square feet of parking area in excess of the first 5,000 square feet. Under this calculation, the applicant is required to provide a minimum of 8 island. delineators. It appears as though nine islands have been provided. However, not all of them are proposed to be landscaped. The applicant shall be required to address this requirement an the landscape plan at Development Stage. Lighting. No lighting details have been submitted as part of the application. A photometric plan shall be required as part of any application for Development Stage Flanned Unit Development. Grading, Drainage and Utilities. All grading, drainage, and utility plans will be reviewed by the City Engineer as part of any application for Development Stage PUD. ALTERNATIVE ACTIONS Regarding the request far a Conditional Use Permit for Concept Stage Planned Unit Development, the City has the following options: 1. Approve the request for a Conditional Use Permit for Concept Stage Flapped Unit Development as presented, based on a finding that the proposed use justifies the use of FUD and is consistent with the intent of the CCD, Central Community, District. 2. Deny the request for a Conditional Use Permit for Concept Stage Planned Unit Development approval, based on a finding that the proposed use is not consistent with the intent of the CCD, Central Community, District. 4 Planning Commission Agenda -- 03/0/2008 RECOMMENDATION The applicant is requesting approval of a CUP for Concept Stage Planned Unit Development, joint parking and joint access, and a minor auto repair use in the CCD District. The purpose of the Concept Stage review is to provide an opportunity for the applicant to submit a plan at the City showing his basic intent and the general nature of the entire development as the basis for the public hearing so that the proposal may be publicly considered at an early stage. This review does not provide the applicant with any development rights. In that regard, staff recommends approval of the Conditional Use Permit for Concept Stage PUD, subject to the conditions outlined in Exhibit Z. SUPPORTING DATA A. Site Plan B. Applicant Narrative C. Parking Calculations D. Conceptual Elevations -Tires Plus Z. Conditions of Approval Exhibit Z Conditions of Approval 1. The applicant shall be required to revise the site plan, removing all permanent structures from. the drainage and utility easements. 2. The applicant shall be required to enter into a license agreement with the City for any parking on the right-af--way. 3. The applicant shall supply a floor plan for the existing building so that a detailed parking analysis may be performed. 4. A landscape plan. shall be provided, illustrating additional plantings along 6cn Street to screen the overhead doors and providing the proper number of landscaped islands. 5. The applicant shall submit a detailed signage plan for the Tires Plus use. r ~ L.~ 5 ~ ~ ~~ ~~~~~ ~ ~~~~~~~~ ~ i ~~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ Q ~ ~ ~ 1 , ~ ~ ~ ~ M ~ ~ yN_7 ~ry N ~ r Ifj QF g~g O F 41 Q Q ~y ~ d ~ +~+ u" ~~ ~ ~H~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ as r 0 ~ 1~3~i1S ~'d43~ ~ r~~ ° o ~ °~ ~ ~~ --- ---------__M,__..~...~J - ~ - - - - - - --lo ~~ I I .~ - -- -- ~~I I I ~ I I I I ~ I 1 I a U 1 1 _.. ~ ~ o .•.V ~ ~ C lid II O ~ C7 w Ii ._.7 I ~ ~ ~ r•-• I = L._. ~ ~ ~ ~ I~'-', I O ~ y 11 1 ~J L.-•y Ir 1 1~ _ 1 O ~._.7 IL•-• r•-•~ I IL._. I I O I 1 ¢~ ~~ o -- --- -- -- --w __- ~ 11 0 0 0 ~ ~~ ~ ~ t •. .. r R~~ ~ '~•. ~~ ~ ~~ ~. ~' ,::ti R J~b'MH~IH 31`d1S • • • SIXTH STREET STATION Pad Site Development of 500 to 524 State Hwy 25 South (Formerly Maus Foods) Narrative Description of Repuest It is Seluemed, LLP's (Fee Property Owner) desire to sell the Southwest corner of the Sixth Street Station development to Lags Tire, Inc., for the purpose of constructing a Tires Plus tire and automotive retail store. Tires Plus is a premium automotive retail specialist, focusing on maintaining a clean bright image for upscale customers, and is looking forward to serving the market of Monticello and surrounding communities. The Sixth Street Station development is currently in a "place to shop" land use. Tires Plus will blend well into a shopping district. Appearance of the building will be consistent with other retail establishments. We will use premium construction materials such. as brick and split face rock. Signage will be~onsistent with Monticello city codes and other Sixth Street Station businesses. The pad site will be fog building anal sidewalk around the building only, with all parking and green areas being maintained by Seluemed, LLP. Parking will be shared with other Sixth. Street Station. tenants through a cross parking agreement. Three existing entrances will be closed to better the traffic flows and ensure pad site traffic is not using city streets to access service area. Review of Apulication Requirements Legal Description: see attached. Properties within 1000. feet.• see attached. ~~ Site Conditions: proposed pad site and removal of 3 entrances will have minimal effect on site drainage and no effect on street drainage. The specifics of these modifications will he engineered in the development and final stages of the PVP. Timeline of Pad Site Development: I . Final approval of Pad Site Development by City of Ivlonticella May, 2008 2. Lags Tire, Inc. purchase of site June, 2008 3. Acquire building permits and begin construction .luly, 2008 4. Tires Plus of Monticello opens far business November, 2008 February ~, 2008 ~~ • v .~ m ~~ 0 b ~ v ' -° ~ ~ ~ ~ ~ ~ -g -~ - ~. p1 ~O ~'~ N~~ hCit t d ~ ~ ~ ~ '~ 3 ~ fA Z ~ ~ ~ ~ O j ~ p ..a N s W y ©00 OL:lw~. C©Q C70 ~ ~ _ N ~ m °v ~ '~ ~ .,~ Z ~, v ~ ~ o © ~ as 0 m a i ~ ~ ~ o a~ R rt ~ ~ w "' o (p N .-~ ~.1 07 O~ ~ lfa W W C71 s X11 N s rF p»N~.+~ W ~ y C7 C7~ O7 tD N ip CA ~1 W WC~]t~^+~C~?1N4w Al ~ ~ L -~. o ~ ~~N -+~* a 07 C7dG? W VI CO 3 •n ~o~c„cNrtioo~c~~ ~z ~ a~ ~r ~ m ~ d pe c~c~cnoc o~ra°A ~rz m co m w ~ N ~ ~ ~ N 01 ~ n o m ~n • ~;; ~.~ I 1 ~ wccxxnyh _ K~^q ' ~~ V 1~~ "a Planning Comrnission Agenda - 03/04/08 6. Consideration of a re west for a Conditional Use Permit for Develo ment Sta a Planned Unit Develo ment a royal and a Conditional Use Permit a royal for a drive throw h lane at Lot 2 Block 1 of Union Crassin s Third Addition, A Iicant: McDonald's USA LLC. (NAC) BACKGROUND 1VIcDonald's USA, LLC is seeking a Conditional Use Permit for development stage Planned Unit Development for the construction of a fast food restaurant and a Conditional Use Permit for a drive through lane at Lot 2, Block 1 of Union Crossings Third Addition. The applicant is proposing a freestanding fast food restaurant an a 1.21 acre site. The underlying zoning is B-4, Regional Business. ANALYSIS The subject site is located north of Interstate 94, south of 7th Street and west of Highland Way. The existing Planned Unit Development contains Home Depot, Target, an inline retail center, a freestanding multi-tenant retail center and multiple pad sites. The subject site is located south of the Home Depot building. A cancept review was performed for the site in 2004. The site relied on. PUD for shared parking, shared access, and setback flexibility. Comprehensive Plan__; Monticello's Comprehensive Plan designates this area for commercial use. Zonin.~: The subject site is zoned B-4, Regional Business. 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 carnmunity or region. • CUP/PUD: A Planned Unit Development allows for flexibility in performance standards with the understanding that the development will beheld to higher standards of site and building design than would ordinarily be required. It is the applicant's responsibility to design the development with. significant benefits and communicate those benef is to the City for allowing aCUP/FUD. Parking. The parking requirement for restaurant uses is one parking stall for each 40 square feet of dining area, and one parking stall far each 80 square feet of kitchen area. Using this calculation, l 0 percent of the total building area is presumed to be reserved for hallways, restrooms, utilities and the like. As such, the parking requirement for the use is as follows: S ware Feet S aces Re wired Kitchen Area 1,035 s ware feet 13 s aces Dinin Area 1,251 s ware feet 32 s aces Total 2,286 s ware feet 45 s aces Planning Commission Agenda - 03/04/08 To satisfy the parking requirement, the applicant is proposing 65 parking stalls, each at a minimum dimension of 9 feet by 20 feet. Of these, 11 are angled stalls, proposed along the east property line, parallel to the drive through lane. The applicant has surpassed the minimum requirement by 20 parking stalls. Of the parking stalls provided, 3 are designated as handicapped stalls. Staff is concerned with the layout of the 13 parking stalls on the east side of the property and their proximity to the drive through lane. In order to access these stalls, vehicles must first circulate through the drive through lane, as no bypass lane has been provided. Vehicles backing out of these stalls may also be required to encroach into the drive through lane in order to turn around. However, these parking stalls are not required to meet the minimum requirement for the site, and therefore the proposed layout maybe sufficient. In that regard, staff recommends that these stalls be designated far employee parking only, and signed accordingly. Drfve Through. The applicant is proposing a drive through lane on the west side of the site at a width of 12 feet. Drive through establishments are allowed in the B-4 District by Conditional Use Permit. The Zoning Ordinance contains the following provisions far such uses: • 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 lot. • 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 G of this ordinance. • Each light standard island and all islands in the parking lot landscaped or covered. • Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance. • Parking areas and driveways shall be curbed with continuous curb not less than six d inches high above the parking lot or driveway grade. • Vehicular access points shall be limited shall create a minimum of conflict with through traffic movements shall comply with Chapter 3 Section 5 of this ordinance and shall be subject to the approval of the City Engineer. • All lighting shall be hooded and sa directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Chapter 3 Section 2 H of this ordinance. • The entire area shall have a drainage system which is subject to the approval of the City Engineer. • The entire area other than that occupied by buildings ar structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. Planning Commission Agenda - 03/04/08 • All signing and informational ar visual communication devices shall be in compliance with Chapter 3 Section 9 of this ordinance. Said drive through lane is proposed to be curbed on both sides, isolating it from the remainder of the parking lot. Traffic in the drive through circulates to the south side of the site where the single lane splits into two lanes, delineated by a median. The drive lane is designed with stacking space for appraximately 14 vehicles behind the order board, and 20 vehicles behind the pick-up window. Traffic exiting the drive through lane will. circulate to the west, and ultimately onto East 7t" Street. No traffic conflicts are expected to result from the proposed drive through design. Landscaping. For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building floor area, ar one tree per SO lineal feet of site perimeter, whichever is greater, is required. The site has appraximately 9501ineal feet of site perimeter, requiring 19 overstory trees, exceeding the number that would be required under the floor area calculation. The applicant is proposing 19 overstory trees, satisfying the minimum requirement. The overstory trees are comprised of a combination of Autumn Blaze Maple, Common Hackberry, Greenspire Linden, and Austrian Pine trees. Said overstory trees are proposed along the perimeter of the site, and within parking lot islands. In addition to the oversta trees, the a licant is ro osin six ornamental trees rY pp P p g and a variety of shrubs. Shrub plantings are concentrated around the foundation of the building, within the drive through median and parking lot islands, and along the perimeter of the site. The applicant is required to provide one landscaped island within the parking lot for each 5,000 square feet of parking area in excess of the first 5,000 square feet. Using this calculation, the applicant is required to provide 6 landscaped islands. Six landscaped islands have been shown on the site plan accordingly. Lighting. A photometric plan has been submitted far the site, indicating 12 fixtures throughout the site mounted an 24-foot poles. The zoning ordinance restricts any light, or combination of lights, from casting glare onto public street in excess of 1 footcandle, when measured at the centerline of the street. The photometric plan indicates readings up to 7.6 foatcandles along the south property line, adjacent to Interstate 94. The plan also illustrates readings up to 3.3 footcandles along 7t" Street. These readings greatly exceed the maximum permitted on the public street. The high footcandle readings maybe due to the existing parking lot lighting adjacent to the site, within the remainder of the PUD, and lighting along the freeway. However, the applicant shall be required to revise the photometric plan Planning Commission Agenda - 03/04/0$ to include lighting within the subject site only. The revised photometric shall demonstrate footcandle readings under 1.0 at the right-of--way line, as required by the Zoning Ordinance. The City may choose to be more restnctave, reducing the reading to one faotcandle at the property line. Signage. An overall sign plan for Union Crossings has been previously approved. Said sign plan allows a 24-square fact monument sign in the northeast corner of the site. The applicant has proposed a monument sign in this location. Said monument sign is 25 square feet in area and 5.5 feet in height. In addition to the approved monument sign, the site is eligible for wall Signage. The total maximum allowable sign area for any wall shall be determined by taking 10 percent of the gross silhouette area of the front of the building up to 100 square feet, whichever is less. For single or double occupancy business structures, the total maximum allowable Signage on the property shall be 300 square feet. The applicant has legal frontage on 7th Street and Interstate 94, making it eligrible far wall Signage on two sides of the building. The earth and south building silhouettes are each $10 square feet in area, for a total of 1,620 square feet. Therefore, the site is eligible for 162 square feet of wall Signage. The applicant is proposing one 32 square foot wall sign on the east elevation and one 10 square foot wall sign. On the north elevation, the applicant is also proposing a 32 square foot wall sign and a 10 square foot wall sign. A third wall sigm, also 10 square feet in area, is proposed on the east elevation. The total wall Signage proposed is equal to 94 square feet, within the parameters allowed. While wall Signage is only allowed on two sides of the building, the third small sign maybe accommodate by PUD. The applicant is also proposing a directional sign at the entrance to the site, 3.7 square feet in area, and numerous directional signs painted on the pavement throughout the site. Staff recommends that a separate sign plan, addressing directional Signage only, be provided for review. Access and Circulation. Access to the site is provided off 7th Street, in the northwest corner of the site. The applicant is proposing a curb cut 40 feet in width. The proposed width will accommodate aright-turn lane. The access is proposed to align with the existing access on the north side of 7th Street, into the Home Depot property and west of First Federal Savings Bank. Internal drive aisles are proposed at a minimum width of 25 feet. The applicant is also proposing a joint access arrangement with the properties to the east and west, at such time as those sites develop. The right-turn lane for the site is proposed on the property to the east. This arrangement maybe accommodated by PUD, accompanied by an agreement between property owners. The applicant is proposing cross access to the west at three locations, and cross access to the east at one location. To the west, the applicant is proposing an 4 Planning Commission Agenda - 03/04/08 access in the extreme southwest corner of the property, off the drive-thru lane. As such, vehicles using this access point would be required to enter the drive through lane directly. Staff is concerned with this arrangement, and recommends that this access be removed, leaving a continuous curb along the west side of the drive through lane to the praperty line. Staff is also concerned with the layout of the primary access into the site, off 7th Street. This access makes a sharp curve to connect with the parking lot. This arrangement maybe difficult in terms of access for delivery trucks and emergency vehicles. Circulation for emergency vehicles is also a concern in the southern portion of the site, as these vehicles would be required to utilize the drive through lane. Staff recommends that the applicant illustrate turning radii for various emergency and delivery vehicles in these locations, to ensure that the site can support these vehicles. In terms of pedestrian access, at apre-design meeting with the applicant, staff requested a crosswalk be installed (pedestrian striping) to connect the site with the properties in the remainder of the PUD, across 7th Street. No such crosswalk has been illustrated on the site plans, and shall be required as a condition of any approval. Building Design. The applicant is proposing to construct the building primarily of brick, with E.LF.S. on the upper portion of the structure. The majority of the materials are colored in a red tone, with brawn and tan accents. Windows on the west and north elevations are accented with yellow metal awnings. The applicant has added visual interest to the back side of the building, facing Interstate 94, and the drive through (east) elevation with vertical elements and horizontal accent striping. The applicant is also proposing yellow rooftop elements on the earth and west elevations. However, staff is concerned with the non-drive through (west) elevation and recommends that similar vertical elements be added to this side of the building to break up the monotony of the structure. Grading and Drainage. Regarding the grading and drainage plans submitted, the City Engineer has provided the following comments: 1. Show the proposed storm sewer including pipe sizes and the structure invert elevations on the grading plan. 2. Provide storm sewer design calculations. Utilities. Regarding the utility plan submitted, the City Engineer has provided the following comments: 1. Catch basins 103 and 105 should be a minimum 4 feet deep as per City design standards. Planning Commission Agenda - 03/04/08 2. Add a cleanout on the sanitary sewer service with a gate valve-type cover. City design standards require cleanouts at 70-foot intervals. Consider upsizing the 2-inch water service. Due to the length of the service, several copper-to-copper connections will be needed. 4. The elevation of 6-inch sanitary sewer stub is 948.40 as per the attached as-built. 5. Verify required hydrant locations with the City Fire Chief. 6. Adjustment of the existing sanitary sewer manhole at the entrance will require a concrete cone section to the added due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Additional engineering comments include the fallowing: 1. Provide turning radii drawings showing how emergency vehicles/trucks will circulate through the site. It appears the site may have some constraints with these turning movements. Also, please provide drawings showing how vehicles will maneuver at the entrance to the site. 2. Provide a more detailed directional signage plan. 3. Review the need far the parking on the east side of the side, adjacent to the drive-thru. 4. Consider adding a crosswalk on 7t~' Street at the east side of the entrance. Explain the need for the proposed access opening at the southwest earner of the site. 6. Define the actual edge of pavement to the constructed adjacent to the vacant lots. 7. Label the width of the concrete walk width located around the building. Label the drive aisle width adjacent to the drive-thru an the east side of the site. 9. Revise the left turn arrow at the entrance to be a thru-left arrow. Flanning Commission Agenda - 03/04/08 10. The right turn lane at the entrance appears to be on the adjacent property. Please provide the necessary documentation allowing this as per City requirements. ALTERNATIVE ACTIONS. Decision 1. Regarding the request for a Conditional Use Permit for Development Stage Planned Unit Development approval, the City has the following options: 1. Motion to approve the Development Stage Planned Unit Development, based. on a finding that the proposed use is consistent with the intent of the existing PUD and the B-4 District, subject to the conditions outlined in Exhibit Z. 2. Motion to deny the Conditional Use Permit for Development Stage Planned Unit Development approval, based on a finding that the propased use is not consistent with the intent of the existing PUD and the B-4 District, and the use may not be supported by the site. Decision 2. Regarding the request for a Conditional Use Permit far a drive through facility, the City has the following options: 1. Motion to approve the Conditional Use Permit for a drive through, facility, based on a finding that the proposed use is consistent with the intent of the PUD and the use satisfies the conditions of approval. 2. Motion to deny the Conditional Use Fermit for a drive through facility, based on a finding that the conditions for approval have not been met. RECOMMENDATION McDonald's Corporation's requests for a Conditional Use Permit far Development Stage Planned Unit Development to allow for a fast food building with a drive through lane, as well as cross access and parking appear to be consistent with the intent of the B-4 District and the existing FUD. The site is part of the existing Union Crossings Planned Unit Development, which contains a mix of retail uses. Staffhas highlighted some concerns relating to traffic circulation throughout the site, as well as lighting and access. Regarding Decision 1, staff recommends approval of the CUP for Development Stage Planned Unit Development, subject to the conditions outlined in Exhibit Z. Regarding Decision 2, staff again recommends approval of the CUP for a drive through facility, subject to the conditions in Exhibit Z. The site has adequate room far stacking space, and meets all conditions for approval. • Planning Commission Agenda - 03/04/0$ SUPPGRTING DATA Exhibit A: Applicant Submittal Packet, including Exterior Elevations Site Survey Drainage Map Photometric Plan Site Plan Grading, Drainage and Erosion Control Plan Utility Plan Civil Details Landscape Plan Exhibit B: Overall Union Crossings Concept Plan Exhibit C: McDonald's Site Location Plan Exhibit D: Union Crossings Sign Plan Exhibit E Plan Review Comments from WSB, dated February 27, 208 Exhibit Z: Conditions of Approval EXHIBIT Z Conditions of Approval 1. The parking stalls on the east side of the site, adjacent to the drive through lane, shall be designated for employee parking only. 2. The applicant shall provide a separate sign plan for all directional signage. 3. The applicant shall overlay turning radii for emergency and delivery vehicles at the entrance to the site and through the drive through lane, to ensure that these vehicles can circulate properly. 4. The photometric plan shall be revised to illustrate lighting produced from the sight only. No readings may exceed one foatcandle, as measured. from the centerline off adjacent rights-of--way. 5. The applicant shall revise the non-drive through (west) building elevation to add vertical elements, similar to those provided on the south and east elevations. 6. 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REQUIREMENTS: • Size storm pipes to handle a 10 year rainfall event. • Evaluate the 100 year rainfall event to assure the lowest floor will be at least 1.0' above the anticipated high water elevation. FACILITY DESIGN The proposed site design is a new restaurant and parking lot that drains to catchbasins that are piped to the City's storm sewer system on the northeast side of the lot. The storage of the runoff is contained in a regional pond to the east which was sized to take the flaw from this site. The attached spreadsheet printout titled "Storm sewer design rational method" shows that 12" RCP pipes have the pipe capacity to handle a 10 year rainfall event. The velocities and capacities calculated are based on full pipe flow, which would only occur in lazger rain events. The attached Hydrocad printout is the 100 year high water calculation based an the condition where the catchbasins are plugged and flow is over the emergency overflow (EOF) at the north end of the site as shown on the grading plan. The parking lot in this area is modeled as a pond with 6" of depth and EOF is modeled as a weir which would be the only outflow. Under these conditions, the high water elevation would be 958.38. The building floor elevation of 959.50 is more than 1 foot above this elevation, so it should be acceptable. Please note that the actual 100 year high water elevation would be a little less than the 958.38 if the catchbasins/storm sewer system were open and flowing at their full capacity. A drainage map is also included to show the drainage areas to each catchbasin. Page 1 of 1 1 N ~- . ~ ~ CC Q' / X LLI ...~ ~ ~ ~ ~ ~ ~ a ~ 0. trJ lp n (r/ N Q r .,. (O Op ~ lf) f~ a 0 a W o ~ ~ ~ N a a cv rn N ~ a o ~i ri ri r ~I ~I ~ 'r W V N N- eN^ ~ CO ~ (~ ~ ~ ~ ti m m ~ ~ a O ~ n N UJ `.IIG W O r (V (V (~S (O . J V V 1i C'1 phi 6Ni d ti 'NR' r C] CV r' Gi O ~ N U ~ C ",~ ~ °~ ©© (A Op W pp W p QD pp W M ~ g ~ ~. ~ .. ~ n S U _ r~ ~ O O Cl C1 P ~ H C] G7 O t7 O 0 a ,~j Vl Q W U .. ~++ h F N ~ (h ti ~ O W Q a ~ 0 0 O C7 ~ a s co a W ` ~ N ~ ~ (~7 MM f~ pp O ~ ~ C7 O C7 C] D O ~ ~ ~ ~ Q 0 0 0 CN7 Q c C7 M m W ~ ~ ~ ~ O W W C'f ~ g a ~ LL n ~ p ~ ~ 8 ~ o a o ~ ` a p F t n v ~ a w O ~ Proposed Drainage Type 1124-hr 100-year Rainfall=7.68" Prepared by John Oliver & Associates, Inc. Page 1 H droCAD® 7.10 s/n 002017 ~ 2005 H droCAD Software Solutions L#,C 1/31/ 0 Subcatchment 1: Past-developed Runoff _ 13.90 cfs @ 11.93 hrs, Volume= 0.672 af, Depths 8.77" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 100-year Rainfalh7.68" Area ac CN Descri tion 1.190 98 Paved parking & roofs Tc min Length feet Slope ft/ft Velocity ftlsec Capacity Description cfs 1.6 113 0.0125 1.2 Sheet Flow, Smooth surfaces n= 0.011 P2= 3.12" 1.1 148 0.0126 2.3 Shallow Concentrated Flow, Paved Kv= 20.3 fps 2.7 261 Total Pond 1 P. Parking lot ponding Inflow Area = 1.190 ac, Inflow Depth ~ 6.77" for 100-year event Inflow = 13.90 cfs @ 11.93 hrs, Volume- 0.672 of Outflow = 13.60 cfs @ 11.92 hrs, Volume= 0.649 af, Atten= 2%, Lag= 0.0 min Primary - 13.60 cfs @ 11.92 hrs, Volume 0..649 of Routing by Stor-Ind method, Time Span= 5.00-2p.00 hrs, dt= 0.05 hrs Peak Elev~ 958.38' @ 11.92 hrs Surf.Area= 4,090 sf Storage= 1,024 cf Plug-Flow detention time= 28.3 min calculated for 0.646 of (96% of inflow) Cen#er-of--Mass det. time= 13.6 min (739.6 - 726.0 ) Volume Invert AvaiLStora a Stora a Descri tion #1 957.50' 1,024 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store feet s -ft cubic-feet cubic-feet 957.50 6 0 0 958.00 4,090 1,024 1,024 Device Routin Invert Outlet Devices #1 Primary 95$.00' 20.0' long x 0.5' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 Gaef. 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'' i - - '~ ~a ~ -- I tI 1 o Z I I ~.._ ~ I I ~ . ~ :.. , ~ . ~1 r1 I. {}I ~~I j I I I {'~ '~'I 1~ ' __- - ----- ~=:: ~~ , , E _. -- , . - ~ F 11{f, I I I` 1"V,If, 111 IVi YII :.{ r ~ ~ ~ 'LfI(TITf(TTnit,' 1 ~ I l I I ; I It ar I I I ~ 1 I I f I i-I I1 ~, ~~ ~ ~w\s ~~ ' ' I ~ i ~s, 1 ____ ~•, I ~ I J r _.._ ; , li_L11.1.111.L1.11.1.11.111.1.1 -- ~~ 11 ;., i111 ~~ _ -I- ~I LL, .._ ..- l'L'1 ti. 1 ~~r-GHQ 0y pS~ \ `` 1 1+ 1 J • • ~ ~~ ~ ~~~ ~~ ~ ~~ a' ~ ~~ ~ ~ ~~~ E boo ~~ ~~~ ~ E ~ ~ ~~~ ~~~ ~~~ ~ ~ ~ ~N ~~~t r~ a t~ w ~d ,.,:. ~ N. ;~' :'~:;1 ~~~,T~ °_ ~ ti H ~.,~'~ -, ~~: cca ~. ~ ~~ ~* ^ ;`i ~ ~ t ~ ~. ~ i%~ ti } '~ `f ,Q5 z t7 ~~ ~~~ Infrastructure ^ Engineering ^ Planning ^ Construction ~ Assoctaees, rnc. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 7e1: 763-541-4800 Fax: 763-541-1700 February 27, 2008 Mr. Bruce Westby, PE City Engineer City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: McDonald's Plan Review City of Monticeha Planning No. 2008-004 WSB Project No. 1627-89 Dear Mr. Westby: We have reviewed the civil plans prepared by John Oliver & Associates, Inc. dated January 30, 2008, far the above-referenced project and offer the following comments. Sheet C2.1-Site Plan 1. Provide turning radii drawings showing how emergency vehicles/trucks will circulate through the site. It appears the site may have same constraints with these turning movements. Also, please provide drawings showing how vehicles will maneuver at the entrance to the site. 2. Provide a more detailed directional signage plan. 3. Review the need for the parking on the east side of the side, adjacent to the drive-thru. 4. Consider adding a crosswalk on 7th Street at the east side of the entrance. 5. Explain the need for the proposed access opening at the southwest corner of the site. 6. Define the actual edge of pavement to be constructed adjacent to the vacant lots. 7. Incorporate design elements as appropriate to prevent vehicles from accessing adjacent parcels along side lnt lines. 8. Label the width of the concrete walk width located around the building. 9. Label the drive aisle width adjacent to the drive-thru on the east side of the site. 10. Revise the left turn arrow at the entrance to be a thru-left arrow. 11. The right turn lane at the entrance appears to be on the adjacent property. Please provide the necessary documentation allowing this as per City requirements. F': L1ngPInJlYlunnrngC'nmmLu'iun110lINYCAy ndnlMnrrh'yTF.h ~.gthy 02770N RXW ~edUC Mr. Bruce Westby, PE February 27, 2008 Page 2 • Sheet C3.1- Gradin Draina a and Erosion Control Plan Show the proposed storm sewer including pipe sizes and the structure invert elevations on the grading plan. 2. Provide storm sewer design calculations. Sheet C4.1- Prelimina Utili Plan Catch basins 103 and 105 should be a minimum 4 feet deep as per City design standards. 2. Add a cleanaut on the sanitary sewer service with a gate valve-type cover. City design standards require cleanouts at 70-foot intervals. 3. Consider upsizing the 2-inch water service. Due to the length of the service, several copper-to- copper connections will be needed which may be a maintenance issue. 4. The elevation of 6-inch sanitary sewer stub is 948.40 as per the attached as-built. 5. Verify required hydrant locations with the City Fire Chief. 6. Adjustment of the existing sanitary sewer manhole at the entrance will require a concrete cone section to be added due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 7. A utility excavation permit must be obtained from the Public Warks department prior to commencement of utility connections. Sheet C7.1- C7.2 Civil Details 1. All detail plates should be revised to reflect the current plates from the City General Specifications dated Apri12007. Please give me a call at 763-2$7-7162 if you have any questions or comments regarding this letter. Thank you. Sincerely, WSB & Associates, Inc. Shibani K. Bissan, PE Project Manager skb Y` ungeln.clPlnnning Cummicsinnll(1U8 PCAgenJuUfinehV.TR•h rxa'(hv U117UN XRWrpv dOc Planning Commission Agenda - 03/04/0$ 7. Public Hearin --Consideration of a re uest for Amendment to the Monticello Zonin Ordinance Cha ter 3-9 re ulatin address number si ns. A licant: Ci of Monticello ASBuildin De artment The Planning Commission is asked to consider an amendment to Monticello Zoning Ordinance 3-9[E[5, which regulates the location, size and placement of address number signs. In consultation with the City Planner, it was determined that it would be most appropriate for address identification to be regulated within City Cade rather than within the Zoning Ordinance. Additionally, the Building Department has indicated that other portions of the City Code, ar State Building Code, already provide the City with the ability to regulate address signage. For the Commission's reference, the City Code includes the following provision for regulation of address signage. International Property Maintenance Code (IPMC), adopted by reference in Title 4 of the Monticello City Code, states; 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 xnm) high with a minimum stroke width of 0.5 inch (12.7 mm). The Cit 's abilit to regulate address sign size is also covered by the following codes. Y Y The International Building Code (IBC) & International Fire Code (IFC); 501.2 Address numbers. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). MN Statute; 16B.62 State Building Code; application. Subdivision 1. Municipal enforcement. A municipality must not by ordinance or through development agreement require building code provisions regulating components or systems of any residential structure that are different from any provision of the State Building Code. A municipality may, with the approval of the state building official, adopt an ordinance that is mare restrictive than the State Building Code where geological conditions warrant a more restrictive ordinance As there are provisions already in place related to address signage this time, the Planning Commission is asked to amend the Zoning Ordinance to simply remove all reference to address identification signage. Planning Commission Agenda - 03/04/08 The City Cowa.cil will be asked to approve this amendment in conjunction with an amendment to the City Code which would incorporate any terms not be covered by the Building Code. The Building Department will also propose that the Council consider a City Code amendment which further regulates addressing signs for commercial, industrial and institutional buildings. These proposed changes are at the request of the Monticello Fire Marshal. The Building Department and Fire Marshal propose the following requirements for commercial, industrial and institutional address signage. Distance Behind Curb Minimuan Address Sign Size Required 50 Feet 4" + 1" 75 Feet 4~~ + 2~- 100 Feet 4 ~' + 3" 200 Feet 4" + 4" 300 Feet 4~~ + ~~~ Essentially, the purpose of the amendments is to simplify code language, eliminate duplication and inconsistencies, and provide City support far emergency response efforts. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the amendment to Monticello Zoning Ordinance 3-9[E]5 repealing the regulation of address signs 2. Motion to recommend denial of the amendment to Monticello Zoning Ordinance 3-9[E]5 repealing the regulation of address signs. 3. Motion of other. RECOMMENDATION Staff recommends approval of the ordinance amendment as proposed. SUPPORTING DATA A. Monticello Zoning Ordinance, Section 3-9[E]5 B. Resolution of Ordinance Amendment • 2 ~~ not constitute more than fifty percent (50%) of the allowable pylon sign area, or seventy (70) square feet, whichever is less. (#340, 1/10/00) (g) In the B-3 Zoning District only, certain parcels may be allowed to construct a second freestanding sign on the property when the following conditions are complied with: i. The property directly abuts Interstate 94 and one other collector (or higher) status street. ii. The property in question is no less than two (2) acres in area. iii. The second freestanding sign shall be located no closer than three hundred (300) feet from the first freestanding sign on the same property. iv. Only one of the two freestanding signs may be located within any yard (front, rear, or side) of the property. This clause shall be interpreted to mean that each sign shall be required to have a separate roadway as its primary exposure. v. Where two freestanding signs are allowed, the sign that fronts on the road which serves as the primary access shall be of a monument design, with a maximum height often (10) feet and a maximum square footage of sixty (60) square feet. vi. Where two freestanding signs are allowed, the sign that fronts on the freeway exposure shall conform to the provisions of Section 3 [E] 4.(c) above. vii. This section shall not be applied to the calculations for signage when an applicant is seeking development design flexibility under the City's Planned Unit Development provisions. viii. Both signs allowed under this subsection shall meet all other applicable provisions of the Monticello Zoning Ordinance. (6/11/01, #361) 5. Address Numbers Sign: A minimum of one (1) address number sign shall be required on each building in all zoning districts. (a) Location: The address numbers shall be so placed to be easily MONTICELLO ZONING ORDINANCE 3/61 seen from the public street. (b) Size Regulations: The address numbers shall not be less than three and one-half (3-1/2) inches in height. (c) Material Regulation: The address numbers shall be metal, plastic, or wood. (d) Color Regulation: The address numbers shall be in a contrasting color to the color of the building/dwelling. (e) Enforcement Regulation: The Building Official or Zoning Administrator or their authorized representative shall: i. Assign all new building/dwelling; address numbers. ii. Approve type of material and color of all building/dwelling address numbers. (#1.58, 9/14/87) than 6. Projecting Signs: Projecting signs shall be permitted within the CCD District but only in the "Broadway Downtown District" thereof as defined by the Monticello Downtown and Riverfront Revitalization Plan. Only one (1) projecting sign may be erected per business, with no more than two (2) such signs erected per building, subject to the following conditions: Projecting signs: (a) Shall be only business identification signs. (b) Shall be fronting on a public street. (c) Shall not exceed. six (6) square feet in area. (d) Shall be considered a wall sign for the purposes of maximum allowable sign area. (e) The edge of the sign closest to the building must be no farther 12 inches away from the building. (~ (g) (h) [F] FEES AND LICENSE: May extend over the public sidewalk, but shall not extend closer to the public street than to within 3 feet from the backside of curb. Shall be at least 8 feet but not more than 12 feet in height above walking surfaces or sidewalks. Shall not be internally illuminated, but may be externally illuminated. (#334, 9/13/99) C. • C7 MONTICELLO ZONING ORDINANCE 3/62 Planning Commission Agenda- 03/04/08 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING ADDRESS NUMBERS SIGN, AMENDING SECTION 3-9[E] OF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3-9[E] of the Monticello Zoning Ordinance is hereby amended as follows: Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota an the day of .2008. CITY OF MONTICELLO ATTEST By: Jeff O'Neill, City Administrator Planning Cammissian Agenda- 03/04/08 By: Mayor Clint Herbst • • • Planning Commission Agenda- 03/04/08 8. Consideration of a re oast for an amendment to the Monticello Zonin Ordinance Cha ter 3-5 Off-street Parkin Re uirements as related to the re ulation of the size and wei ht of vehicles arked in residential districts. A licant: Ci of Monticello. The Planning Commission considered this item at the January and February regalar meetings. While discussing various methods for relating size and weight of vehicles, the Commission raised concerns with enforcement. Based on input from the Building Department and Public Works Department, an option was provided to utilize MnDOT Validation Stickers (Exhibit E) as a measure for limiting the weights of commercial vehicles in residential areas. The Commission recommended that no vehicles in excess of an "F" sticker rating be permitted in residential areas. Draft ordinance language has been prepared accordingly, and is attached far review as Exhibit D. BACKGROUND Due to recent concerns with parking of commercial vehicles in residential areas, the City has requested an ordinance amendment to increase regulations an commercial vehicle parking in residential areas throughout the City. Specifically, potential ordinance amendments may establish restrictions on the weight and dimensions of commercial vehicles allowed to park in residential neighborhoods, while not excluding emergency response vehicles. ANALYSIS The current Zoning Ordinance language related to off street parking states, Off-street parking facilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles, no more than one (1) truck not to exceed gross capacity of nine thousand (9, 000) pounds, and recreational vehicle and equipment. Nat more than one recreational vehicle or trailer may be parked in a residential driveway at one time. Any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. Far purposes of this ordinance, recreational vehicles shall include snowmobiles, ATVs, campers, trailers, motorhomes, boats, and the like. Under na circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. It has recently come to the attention of staff that the above ordinance language may not be effective in regulating the parking of certain commercial vehicles, and the City has received reports of such vehicles parked in residential neighborhoods throughout the City. As such, staff has been directed to research potential amendments employing more specific parking restrictions. Staff has prepared a number of options far consideration, ranging from specifying vehicle types to regulating by size. Weight. One option for placing further restrictions on commercial vehicle parking is to regulate on the weight of the vehicle specifically. The existing ordinance allows vehicles up to 9,000 pounds to be parked in residential off street parking facilities. However, staff performed a code search of neighboring communities (attached as Exhibit A), and found that the majority of these cities permit vehicles up to 12,000 pounds. This maybe due to the increasing size non-commercial trucks and SUV's which exceed the 9,000 pound limit. Therefore, staff recommends an amendment to Section 3-2 [N] 4 regarding exterior storage and Section 3-5 [D] 7 regarding ofd street parking to allow vehicles up to 12,000 pounds as apposed to current 9,000 pound limitation. While an arnendrnent of this nature maybe less-restrictive than the existing language, it is not out of character with the intent of the ordinance and would reduce the number of ordinance violations. Some concern has been raised by the City Engineer and Public Works Director in regard to increasing the weight restriction to 12,000 pounds. Some of the City's older streets are designed to accommodate 5-tan vehicles, or vehicles up to 10,000 pounds. Allowing vehicles up to 12,000 pounds on these roads may lead to a quicker degradation of those streets. However, the City may currently have vehicles in excess of 10,000 driving on these roads. Dimensions. While the above amendment may allow for a wider array of vehicles to be parked in residential areas, this may be mitigated by also regulating the actual dimensions of vehicles. Regulating vehicles by dimension may also ease enforcement because, as stated above, the City may currently have vehicles on City streets that exceed the existing weight restrictions. Some cities do regulate parking in residential areas by physical size of vehicles. Doing sa may preclude most semi-cabs, and extraordinarily large commercial vehicles, but would permit vehicles that are consistent with residential-style passenger vehicles and smaller commercial vans and trucks. The city could exclude recreational vehicles from this prohibition if desired. Staff has researched dimensions of various cornrnercial vehicles, and said research may be found attached as Exhibit B. Based on this research, the most appropriate dimensional restriction maybe to prohibit vehicles that are larger than 7 feet in height, $ feet in width, and 25 feet in length. These dimensions will allow for parking of various size pick-up trucks, while precluding most semi-cabs and larger commercial vehicles. These dimensions would also permit vehicles that are consistent with residential-style passenger vehicles and smaller commercial vans and trucks. Any vehicle larger than the chosen threshold would be required to be kept within a garage, or stored at a location that is appropriately zoned for such use. For ease of enforcement, a dimensional standard may be most appropriate, as measuring vehicle dimensions is more feasible than actually weighing vehicles. Regulating vehicles by size in this manner would require an amendment to Section 3-5 [D]. Exceptions for "emergency response" vehicles. In dealing with the issue of commercial vehicle parking in residential areas in the past, concerns have been raised on the potential of precluding emergency response vehicles from parking in residential areas. This issue may again require special consideration as this item is addressed. The City may need to include the most obvious "emergency" vehicles such ambulances and any additional vehicles that meet a specific definition. As such, one method of enforcement may be to define "emergency response" vehicles. Said definition may include: (a) Ambulance, (b) Palice and Sheriff, (c) Fire, (d) Emergency tow vehicles. An exception such as this maybe incorporated as an amendment to Section 3_S [D]. CONCLUSION Based on recent concerns with parking in residential areas throughout the City, it appears as though amendments to the Zoning Ordinance may be necessary to further restrict commercial vehicle parking in such areas. Staff has presented a number of options for amending the ordinance accordingly, and draft ordinance language may be prepared at the direction of the City. SUPPOTING DATA: A. Vehicle Dimensions B. Matrix of Neighboring Community Commercial Vehicles Siaes C. Draft Amendment Language- Vehicle Weight D. Draft Amendment Language- Vehicle Dimensions E. MnDOT Validation Stickers • ~~ ~f NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Sui#e 202, Golden Valley, MN 55422 Telephone: 783.231.2555 Facsimile: 763.231.2561 planners@nacplanning.cam PLANNING REPORT TO: Angela Schumann FROM: Kimberly Holien DATE: January 28, 2008 RE: Monticella- Vehicle Dimensions In regard to the potential ordinance amendment placing further restrictions on vehicle parking in residential areas in the City of Monticello, I have gathered data on dimensions of various large vehicles. The findings of said research are as follows: Pickup. The largest passenger pickup truck found is an F6S0 crew cab. The dimensions of said vehicle are as follows: Length: 281 inches (23.4 feet) Width: 97 inches (8.08 feet) Height: 88.3 inches (7.36 feet) Weight: 22,000-26,000 pounds Other large pickups that may be more common for passenger vehicle use are as follaws: F350 HD Crew Cab: Length: 258.7 inches (21.56 feet) Width: 95.9 inches (8 feet) Height: 76.1 inches (6.34 feet) Weight: 10,1.00-13,000 pounds F450 Crew Cab: Length: 262.4 inches (21.84 feet) Width: 95.5 inches (7.96 feet) Height: N/A Weight: up to 16,000 pounds F250 Weight: 8,800-10,000 pounds Dump Truck. A range of potential dump truck dimensions is as follows: Length: 19- 24.5 feet Width: $.5-9.5 feet Height: 14-22 feet Weight: 18,000-64,000 pounds School Sus. While school buses may vary greatly in size, a range of potential dimensions is as follows: Small Bus (10-20 passengers); Length: 231 inches (19.25 Feet) Width: 86.5 inches (7.21 feet) Height: 10S inches (8.75 feet) Weight: 9,600 pounds Small Bus (20-30 passengers): Length: 266 inches (22.17 feet) Width: 96 inches (8 feet) Height: 120 inches (10 feet) Weight: 14,050 pounds Large Bus (up to 90 passengers): Length: 289-471 inches (24.08-34.75 feet) Width: up to 96 inches (8 feet) Height: 124-127 inches (10.33-10.58 feet) Weight: up to 36,200 pounds Tractor Trailer Cab. A wide range of sizes is available for this type of vehicle as well. However, dimensions of a typical cab are as follows: Internationa19900: Length: 119-130 inches (9.92-10.83 feet) Width: 92 inches (7.67 feet) Height: N/A Weight: 52,000-60,000 pounds Semi-trailer. A range of potential semi-trailer dimensions is as follows: Length: 45-53 feet Width: 96-102 inches (8-8.5 feet) Height: 13.5 feet (standard) 2 • • • Cutaway Van. A range of potential dimensions for cutaway vans is as follows Length: 15-18 feet Width: 96 inches (8 feet) Height: 84- 90 inches (7-7.5 feet) Weight: 11,500-14,050 pounds ~~ Straight Truck. A range of potential dimensions for said vehicle is as tollows: Length: 24-26 feet Width: 102 inches (8.5 feet) Height: 102-108 inches (8.5-9 feet) Weight: 25,500-25,950 pounds Walk- Cn Van. A range of potential dimensions for said vehicle is as follows: Length: 16-18 feet Width: 86.5-93.5 inches (7.21-7.79 feet) Height: 81-85 inches (6.75-7.08 feet) Weight: 10,000-19,000 pounds 3 ~~ Commercial Vehicle P arking Commercial Code Language Exceptions? Vehicle Size Monticello 1 commercial Off-street parking facilities accessory to None in zoning vehicle residential use may be utilized solely for the parking of licensed and operable passenger automobiles, no more than one (1) truck not 9,000 Ibs to exceed gross capacity of nine thousand (9,000) pounds, and recreational vehicle and equipment. Not more than one recreational vehicle or trailer may be parked in a residential driveway atone time. Any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. For purposes of this ordinance, recreational vehicles shall include snowmobiles, ATVs, campers, trailers, motorhomes, boats, and the like. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. Buffalo 1 commercial Gn and off-street parking facilities accessory for tilized solel h ll b i l None vehlCle y a e u use s to resident a the parking of licensed and operable passenger automobiles; no more than one 12,000 IbS. truck not to exceed gross capacity of 12,000 pounds; and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturin establishments. Big Lake 1 commercial Off-street parking facilities accessory to Vehicles longer vehicle residential use shall be utilized solely for the than 3$ feet parking of licensed and operable passenger require an 12,000 lbs. automobiles; no more than one (1) commercial vehicle, not to exceed gross interim use vehicle weight rating (GVWR) of twelve permit thousand (12,000) pounds; and recreational vehicles and equipment. Under no circumstances shall parking facilities accessory to residential structures be used for the storage of commercial vehicles, semi trailers, or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments not a resident at the residential site. 5t. Michael 1 CommerClal Residential parking use. pff-street parking None vehicle facilities necessary to residential use shall be utilized solely for the parking of licensed and 12 000 lbs operable passenger automobiles; no more , . than one truck not to exceed gross capacity of 12,000 pounds; and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturin establishments. Rogers No regulation Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes. Except for short term parking (six (6) hours or less) and guest parking, the number of vehicles parked on or in front of a residential lot shall not exceed double the number of persons residing on the premises and having automobile driver's licenses. Maple Grove 1 CgmmerClal Use of parking facilities accessory to None vehicle residential use. Qff-street parking facilities accessory to residential use shall be utilized 12 000 IbS solely for the parking of licensed and , . operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds, and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturin establishments. • • • EXHIBIT C ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING EXTERIOR STORAGE AND OFF-STREET PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION 1. Section 3-2 [N] 4 shall be amended to read as follows: EXTERIOR STORAGE: All materials and equipment except as provided for in Chapters 5 through 19 of this ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following: 1. Clothes line pole and wire. 2. Recreational equipment and vehicles. 3. Construction and landscaping material currently being used on the premises. 4. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of ~e twelve thousand 12 000 pounds in residential areas. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which da not exceed 1,000 gallons in capacity and shall not be located within five (5) feet of any property line. 6. Wood piles in which wood is stared for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be ~l'x4'x8'. All wood piles shall be five (5) feet or more from the rear and side yard property lines and shall be stored behind the appropriate setback line in front yards. 7. Solar heating systems. SECTION 2. Section 3-5 [D] 7 shall be amended to read as follows: 7. Off-street parking facilities accessory to residential use may be utilized solely far the parking of licensed and operable passenger automobiles, no more than one (1) truck not to exceed gross capacity of twelve thousand 12 000 pounds, and recreational vehicle and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or 4 for the parking of autamobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments not a resident at a residential site. EXHIBIT D ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING OFF-STREET PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION 2. Section 3-5 [D] shall be amended with the creation of subsections 8 and 9, to read as follows: 8. In areas zoned far residential u oses with the exc tion of recreatianal vehicles and emer enc vehicles an-street oroff-street arkin of commercial or assen er vehicles licensed with a oss vehicle wei t GVW decal letter code of "G" or eater shall be rohibited. Emer enc vehicles are those defined in Section 3-5 D 9 of this ordinance. 9. EMERGENCY VEHICLE: The term "emer enc vehicle "for the u ose of evaluatin vehicles which rna be arked in residential areas shall include ambulances olice and sheriffs d artment vehicles fire rotection vehicles tow vehicles and other law enfarcement vehicles. .7 U~ Sample °. ~Lk,. ., .:, '~i a ;~,;..... . y ~ n ~!~, r Month Sticker -Decal affixed to the lower left corner of plates displayed on passenger class vehicles indicating the month of expiration. Renewal registration must be displayed by Midnight of the tenth (10th) day of the month following the expiration month shown. Sample COLOR and EXPIRATION MONTH STICKER Silver Characters on Blue Background , Permanent Year Validation Sticker -Decal affixed to the lower right corner of license plates indicating year of expiration. Color code shown at right repeats at 5 year intervals. Single stickers issued to single plate vehicles. VALIDATION STICKERS Gross Weight -Decal letter code indicates the registered GVW of the vehicle. Decal is affixed on the right side middle of the license plate. Decals range from "A" (1,500 GVW) through "6T" (81,000 GVW always using 5 axles). Weights in excess of 81,000 GVW require an "X" decal and special permits. Decal color is blue letters on a silver background. These are permanent stickers which must be displayed with a gross weight validation sticker. COLOR and EXPIRATION _ YEAR VALIDATION STICKER CHARACTERS BACKGROUND EXPIRATION Silver Black 1995 Silver ' ~ Green 1996 Silver ~ . Red 1997 Black ~ ~mSilver Gold 1998 _I ~ Blue ~~ 1999 Silver ~ Black 2000 International Fuel Tax (1FTA) Fuel Decal -Decal is issued to the owners of vehicles which are proportionally registered and licensed for interstate trucking. The fuel decal is affixed to the left and/or right of the cab. Operators must also carry an IFTA cab card. The cab card will indicate the states the vehicle may operate within (see IFTA ermit ). C~ t INTERNATIONAL FUEL TAX (IFTA) FUEL DECAL ~~ _ CHARACTERS BACKGROUND EXPIRATION ~~ White Blue 1997 J White ~ ~~ ~~ Magenta ~ _ 1998 '~ White "' Green ~ ~ 1999 .~... ~~ White ~ ~_~.. _ ~ ~~ Red ~ 2000 White Gold 2001 International Registration Plan (IRP) Registration Stickers -The decals will appear on vehicles which are proportionally registered and licensed for interstate trucking. The validation sticker is affixed to the lower right hand corner of the license plate. Operators must also carry a cab card which will indicate the states the vehicle has the authority to operate within. ~... r~ TION .sample COLOR and EXFIRA ~ .N INTERNATIONAL REGISTRATION FLAN (IRP) REGISTRATION STICKERS _._..~_._~.,_ CHARACTERS BACKGROUND EXPIRATION Black ~ Gold r 1997 .... White ~~ -r_~_ Blue ~~~-~~ 1998 ~____ 1999 ~~ White 1Vlagenta ~~~ ~~ • Planning Commission Agenda -~ 03/04/08 9, Public Hearin -Consideration of a re nest for Amendment to the Monticello Zonin Ordinance for the re ulation of Gradin & Erosion Control. REFERENCE AND BACKGROUND The Planning Commission reviewed and recommended approval of the proposed ordinance for Grading and Erosion Control in December of 2007. Prior to bringing the amendment to the City Council far final review and approval, staff held an implementation meeting to review the ordinance in terms of implementation and enforcement. Representatives from Community Development, Engineering, Public Works and the Building Department were present at the meeting. As a result of discussion at that meeting, the ordinance has been revised. The revisions warrant a second review of the proposed ordinance by the Commission. The revisions to the ordinance exist primarily within the enforcement portions of the ordinance, Section 33-9. The previous ordinance language was somewhat redundant and inconsistent iu terms of violations of the ordinance and remedy to violations. Any other revisions to the ordinance are minor in nature and are related to providing clarity in the Definitions portion of the ordinance. As a note, Commission had previously inquired whether this ordinance would require a property owner adjacent to a City storm water pond to obtain a permit for any grading. This ordinance would require a permit in the circumstance that grading is to be completed within 200' of the pond, regardless of the volume or area disturbed. Staff s report from December 2007 is provided below for further reference. Planning Commission is asked to consider an amendment to the Monticello Zoning Ordinance for the regulation of grading and erosion control. The ordinance amendment proposed consists of a new chapter specific to the regulation of grading and erosion control, as well as amendments to the current ordinance for consistency with the new chapter. The purpose of the ordinance is to consolidate existing practices in order to better address the environmental issues created by the disturbance of soil. The ordinance is intended to safeguard water quality and aid in the preservation and maintenance of land cover as appropriate during development. The ordinance also brings the City in line with state and federal regulations. Development of this ordinance is one of the requirements identified in the City's Storm Water Pollution Frevention Plan (SWPPF) for Construction Site Storm Water Runoff Control. The development of this ordinance has been ayear-long process of research and development, which has included both staff and the development community. Ta date, Monticello's regulation of grading and erasion has been contained in various documents and policies. Current regulations are also somewhat inconsistent, due to lack of uniform definitions of control measures and implementation. The City is seeking to condense current practice into one standard, making regulation more practical for both the City and the development community. The ordinance covers the following areas: Planning Commission Agenda - 03/04/08 • Application • Application requirements • General standards • Inspection • Enforcement measures For the most part, the ordinance proposed represents current City policy, with some exceptions. Perhaps the most notable change is related to the standard far permit. Currently, the City requires no permit for grading under 400 cubic yards of material. For reference, 400 cubic yards is approximately equivalent of 40 dump trucks of material. In developing the ordinance, City staff felt some circumstances would require the review of projects which may disturb less ground cover than this previous standard. This is particularly true for developed areas. As such, the proposed permit criteria include both volume and area triggers, as well as a requirement for disturbances adjacent to waterways. Grading development in these areas may currently fall below under either the volume or area requirement. Other modifications to current practice include the requirement for individual site developers (most often general contractors builders) to supply a security guaranteeing maintenance of on-site prevention measures and clean-up during construction. While the City has and will continue to hold a security with an overall site developer, it is critical to be able to handle on- site issues as quickly as possible. An individual security makes that communication possible. For example, the City holds a letter of credit from a developer, guaranteeing development- wide erosion control and conformance to the grading plan for residential projects such as Hunters Crossing. However, to-date the City has held no security from an individual lot developer. If a subcontractor for a home project within Hunters Crossing destroys silt fence or drags silt onto the street, the City had to contact the developer, and then in turn the developer contacted the builder. To streamline the process, the securities are held with both to ensure compliance and direct communication. The ordinance refers in many locations to the Plan Requirements and Design Guidelines (aka the Design Manual). The ordinance does not provide detailed specification information for erosion and grading measures, as those requirements are covered in the Plan Requirements and Design Guidelines, which reference the City Specifications For Street and Utility Construction, a specifications book published by the City of Monticello. The City specifications are provided to all contractors working on projects within the City. The inclusion of detailed specifications within that document, rather than the ordinance, serves two purposes. First, because the City specifications are updated annually, they are current and consistent with new development practices and state and federal regulations. Second, it eliminates the need for the ordinance to be continually updated in response to those changes. The City will be completing updates to the Plan Requirements and Design Guidelines in support of this ordinance. In meetings with builders, many ideas carne forward on modifications needed to support best management practices for grading and erosion control. Those are very detailed specifications that are better suited to the manual for reasons noted above. 2 Planning Commission Agenda - 03/04/08 Other practices and requirements outlined within the ordinance are those currently being used by the City of Monticello at various stages of the development process. The items being deleted from the current ordinance are incorporated into the proposed ordinance, or will be incorporated into the Design Manual as part of the revisions associated with the addition of the Grading and Erosion Control ordinance. In summary, the proposed ordinance changes help formalize current practice so that the development community has a clear guideline for what to expect, and what expectations are, for grading and erosion control within the City. Ultimately, the Baal of the ordinance is better communication regarding grading and erasion control at all levels of the development process. ALTERNATIVE ACTIONS 1. Motion to recommend approval of Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources. 2. Motion to recommend approval of Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources, subject to the following madifications (to be made by the Planning Commission). 3. Motion to recommend denial of Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Manticello's water and sail resources, subject to the following madifications (to be made by the Planning Commission). 4. Motion to table action. STAFF RECOMMENDATION Staff recommends alternative 1 above. The revisions made to the proposed ordinance reinforce the goal of providing s document that is clear for all parties in its application and implementation. SUPPORTING DATA A. Proposed Ordinance -March, 2008 B. Proposed Ordinance -December, 2007 3 CHAPTER 33 Grading and Erosion Control 33-1: PURPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of sewers and ditches and the dredging of lakes and ponds. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Monticello. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as required by state agencies. 33-2: DEFINITYONS [AA] As-Built Plans Record drawings of approved and as constructed improvements. [AB] Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. [AC] City Engineer A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. [AD] Clearing Any activity that removes the vegetative surface cover. [AE] Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization: The easement confers the transfer of usage rights from one party to another. [AF] Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (laoth vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. .7 [AG] Dewatering The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site, Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. [AH] Erosion Control A measure that prevents erosion including but not limited to: sail stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. [AI] Erosion Control Inspector A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. [AJ] Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. [AK] Final Stabilization: a. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; b. Far construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization maybe accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstructian agricultural use must meet the final stabilization criteria in (a) above. [AL] Grading Excavation or fill of material, including the resulting conditions thereof, [AM] Grading, Drainage and Erosion Control Permit A permit issued by the municipality far the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". [AN] Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello "Flan Requirements and Design Guidelines". • 2 [AO] Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. [AP] National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, ternunating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 40S) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [AQ] Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. [AR] Permanent Cover Final site stabilization. Examples include grass, gravel, asphalt, and concrete. [AS] Perraittee Applicant for and recipient of approved Grading, Drainage and Erosion Control Permit. [AT] Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. [AU] Plan Requirements and Design Guidelines Manual detailing City specifications for all plan requirements. [AV] Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Monticello or other state or federal agencies. [AW] Rough Grade Excavation or fill of material to a condition suitable for general maintenance. [AX] Sediment Control Measures and methods employed to prevent sediment from leaving the site. [AY] Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. [AZ] Site Development Construction or alteration of ground. • 3 [BA] Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. [BB] Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. [BC] Start of Constraetion The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; [BD] Storm Water Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation nuaoff, stoma water runoff, snow melt runoff, and any other surface runoff and drainage. [BE] Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erasion on a parcel of land and decrease off-site nonpoint pollution. [BF] Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. [BG] Temporary Erosion Control Methods employed to prevent erosion on a temporary basis. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. [BP] Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. [BG] Water Conveyance System Any channel that conveys surface runoff throughout the site. [BH] Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. r~ ~J 4 33-3: PERMITS [A] APPROVAL: No person shall be granted a Grading, Drainage and Erosion Control Petrnit ("Grading Permit") for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the fallowing measurements without the approval of a Grading, Erosion and Sediment Control Plan by the City of Monticello. 1. 2000 square feet. 2. 400 cubic yards undeveloped land, or 40 cubic yards developed land. 3. Within 200 feet of a waterway or surface water(s). [B] EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary far the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. [C] APFLICATION REQUIREMENTS: 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by City ordinance and paragraph [D] below. 3. A Grading, Drainage and Erosion Control Flan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Drainage and Erosion Control Plan. 5. In the case of grading specific to and in conjunction with a single Building Permit, a separate Grading Permit is not required. The Building Permit shall be reviwed and serve as the Grading Permit. [D] SECURITY: 1. The permittee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. This security shall be in addition to the required non-refundable filing fee as specified by City Ordinance, which shall be submitted under separate payment. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Said security shall be provided prior to the release of the Grading Permit. b. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the City of Monticello and deemed to be approved. 2. Individual lot permittee shall be required to provide a bond or other improvement security with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. Said security shall be provided prior to the release of the Grading Permit. b. The security shall be released after turf is established as specified in the City Design Guidelines and Plan Requirements Manual, and the turf establishment is inspected by the City of Monticello and deemed to be approved. [E} PROCEDURE: The City of Monticello will review each application for Grading Permit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Monticello requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit release date. Upon complete application, the City of Monticello shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Monticello Zoning Ordinance. 33-4; GRADING, DRAINAGE AND EROSION CONTROL PLAN REQUIREMENTS [A] PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, 6 Drainage and Erosion Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Monticello. The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General Storm Water Permit requirements and include the fallowing, as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and fmal grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion anal sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. ~. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello Plan Requirements and Design Guidelines. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner as 33-3[E] of this regulation, maybe authorized by the City of Monticello by written authorization to the permittee, and shall include: a. Major amendments to the erosion and sediment control plan submitted to the City of Monticello. b. Field modifications of a mi.nar nature. 33-5: CONSTRUCTION REQUIREMENTS [A] CONSTRUCTION SPECIFICATIONS: 1. Grading, erasion and sediment controls as specified in the City's Plan Requirements and Design Guidelines. 7 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Monticello. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Monticello may require the site to be reseeded ar anon-vegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of--way or waterways is prohibited. 10. The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. [B] WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government utut and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. S 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [C] POLLUTION PREVENTION MANAGEMENT MEASURES: The Pernuttee(s) shall implement the following pollution prevention management measures on the site: 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be lirxuted to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. 33-6: INSPECTION [A] NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the pernlittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [B] PROCEDURE: The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows and as applicable. To obtain inspections, the permittee shall notify the City of Monticello at least one working day before the following: 1. Installation of sediment and erosion control measures 2. Start of construction or site development 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erosion cantrol measures d. Final project compliance and acceptance close-out [C] MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erasion Control Inspector for approval prior to commencing work. Praof of application rates should be provided. [D] PERMITEE INSPECTION: The per~nittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erasion Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need 9 for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. [E] AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section D. 33-7: SITE MAINTENANCE [A] RESPONSIBILITIES: Within 24 hours, the permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. [B] No development, utility or street construction will be allowed and no Building Permits will be issued unless the development is in full compliance with the requirements of this Ordinance. 33-$: CERTIFICATION [A] APPROVED GRADING, DRAINAGE AND EROSION CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City Engineer or Chief Building Official, as applicable, shall be maintained at the site during the progress of the work. [B} AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Drainage and Erosion Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Monticello Plan Requirements and Design Guidelines. [C] PROCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As-Built Development Plan are on file with the City, all securities as required by this ordinance are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the City Engineer. [D] REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, fmal stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines for specifications. L 10 33-9: ENFORCEMENT [A] NOTICE OF VIOLATION 1. If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Flan, the City shall issue a Notice of Violation. The Notice of Violation shall detail the default and prescribe a remedy and required schedule for compliance. [B] LAPSE AND ORDER FOR WORK 1. If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and draw down on the security to pay any costs. 2. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. • [C] STOP WORK ORDER/REVOCATION OF GRADING PERMIT. In the event that any person holding a Grading Permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the Grading Permit through the issuance of a stop work order or the revocation of the Grading or Building Permit. [D] VIOLATION AND PENALTIES: No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation pf any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. • 33-10: SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 11 • CHAPTER 33 Grading and Erosion Control 33-1: PURPOSE During the construction process, sail is highly vulnerable to erasion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of sewers and ditches and the dredging of lakes and ponds. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Monticello. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as required by state agencies. 33-2: DEFINITIONS [AA] As-Built Plans Record drawings of approved and as constructed improvements. [AB] Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. [AC] City Engineer A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. [AD] Clearing Any activity that removes the vegetative surface cover. [AE] Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. [AF] Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. ri u [AG] Dewatering The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. [AH] Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. [Al] Erosion Control Inspector A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. [AJ] Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. [AK] Final Stabilization: a. All sail disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; b. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization maybe accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their precanstruction agricultural use must meet the final stabilization criteria in (a) above. [AL] Grading Excavation or fill of material, including the resulting conditions thereof. [AM] Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". [AN] Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello "Plan Requirements and Design Guidelines". 2 [AO] Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, ar gravel roads. [AP] National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [AQ] Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. [AR] Permanent Cover Final site stabilization. Examples include grass, gravel, asphalt, and concrete. [AS] Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. [AT] Plan Requirements and Design Guidelines Manual detailing City specifications for all plan requirements. [U] Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Monticello or other state or federal agencies. [AV] Rough Grade Excavation or fill of material to a condition suitable for general maintenance. [AW] Sediment Control Measures and methods employed to prevent sediment from leaving the site. [AX] Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. [AY] Site Development Construction or alteration of ground. [AZ] Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, ar other material that prevents erosion from occurring. Grass seeding is not stabilization. 3 [BA] Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. [BB] Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; [BC] Storm Water Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. [BD] Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. [BE] Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. [BF] Temporary Erosion Control Methods employed to prevent erosion on a temporary basis. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. [BG] Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. [BH] Water Conveyance System Any channel that conveys surface runoff throughout the site. [BI] Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed far wastewater treatment are not waters of the state. • 4 33-3: PERMITS [A] APPROVAL: No person shall be granted a Grading Permit for land-disturbing activity that would require the uncovering or distributing of :material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control Plan by the City of Monticello. 1. 2000 square feet. 2. 400 cubic yards undeveloped land, ar 40 cubic yards developed land. 3. Within 204 feet of a waterway or surface water(s). [B] EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the fallowing activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessary use. [C] APPLICATION REQUIREMENTS: 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by City ordinance anal paragraph [D] below. 3. A Grading, Drainage and Erosion Control Plan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Drainage and Erosion Control Plan. [D] SECURITY: 1. The pemuttee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance far fee schedule. This security shall be in addition to the required non-refundable filing fee as specified by City Ordinance, which shall be submitted under separate payment. r~ u S a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Such deposit shall be provided prior to the release of the Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building pernut application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. b. The security shall be released after turf is established is specified in the City Design Guidelines and Plan Requirements Manual. [E} PROCEDURE: The City of Monticello will review each application for Grading Permit to detertxiine its conformance with the provisions of this regulation and other applicable requirements. The City of Monticello requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit release date. Upon complete application, the City of Monticello shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Monticello Zoning Ordinance. 33-4: GRADING, DRAINAGE AND EROSION CONTROL PLAN REQ EMENTS [A] PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Drainage and Erosion Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Monticello. The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General Storm Water Permit requirements and include the following as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 6 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello Plan Requirements and Design Guidelines. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. b. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner as 33-3[E] of this regulation, maybe authorized by the City of Monticello by written authorization to the pertnittee, and shall include: a. Major amendments of the erosion and sediment control plan submitted to the City of Monticello. b. Field modifications of a minor nature. 33-5: CONSTRUCTION REQUIREMENTS [A] CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Plan Requirements and Design Guidelines. 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. • 7 4. Phasing maybe required on all sites based an site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Monticello. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. Final stabilization on all sites shall become established within 6 months. The City of Monticello may require the site to be reseeded or a nonvegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sedirr~ent controls. The placement of soil stockpiles adjacent to public rights-o£--way or waterways is prohibited. 10. The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sedirr~ent from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. [B] WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall irnplernent the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [C] POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s) shall implement the following pollution prevention management measures on the site: r] L l . Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. 33-6: INSPECTION [A] NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [B] PROCEDURE: The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows. To obtain inspections, the permittee shall notify the City of Monticello at least two working days before the following: 1. Installation of sediment and erosion control measures 2. Start of construction 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erasion control measures 6. Final project compliance and acceptance close-out [C] MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. [D] PERIVIITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined. on the approved Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. [E] AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section B. 9 33-7: SITE MAINTENANCE [A] RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. [B] LAPSE: If the Grading pernuttee repeatedly fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. 2. If the Developer does not reimburse the City for any cost the City incurred beyond that covered by the deposit, for such work within ten (10) days from the date notice of the amount owed to the City is mailed, the City may draw on the security to reimburse City for such costs. 33-$: CERTIFICATION [A] APPROVED GRADING, DRAINAGE AND EROSION CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City Engineer shall. be maintained at the site during the progress of the work. [B} AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Drainage and Erosion Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Monticello Plan Requirements and Design Guidelines. [C] PROCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As-Built Development Plan are on file with the City, all securities as required by this ordinance are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the City Engineer. [D] REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines for specifications. C 10 33-9: ENFORCEMENT [A] STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT. In the event that any person holding a site development permit pursuant to this prdinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property ar improvements in the neighborhood, the City of Monticello may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of the Grading or Building Permit. 2. The City of Monticello City may draw down an the Grading Permit security, with 30 days written notice to Developer, for any violation of the terms of this Contract related to landscaping if the violation is not cured within such thirty (30) day period pr if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No develvprnent, utility or street construction will be allowed and no Building Permits will be issued unless the development is in full compliance with the requirements of this Paragraph. [B] VIOLATION AND PENALTIES: No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to ar in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance far fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. 33-10: SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. • 11 Planning Commission Agenda - 03/04/08 10. Consideration to review for recommendation roceedin with a Re nest for Pro oral for the com letion of a corn rehensive u date to the Monticello Zonin Ordinance. (AS) REFERENCE AND BACKGROUND The Planning Commission and City Council are in the final stages of the review of the Monticello Comprehensive Plan update. The Comprehensive Plan's primary purpose is to lay the groundwork far land use policy. However, while the comprehensive plan presents the framework for land use, it is the City's codes and ordinances which control actual development. The City of Monticello has adopted a zoning ordinance (Title 10 of City Code) in order to carry out the policies and goals of the Comprehensive Plan. State law stipulates that zoning regulations are a critical tool for implementing the Comprehensive Flan. In fact, outside of the seven-county metropolitan area, zoning regulations control land use. As such, the Comprehensive Plan cites that "A priority should be given to the review and updating of zoning regulations. The vision and objectives of the Comprehensive Plan will not be achieved unless zaning regulations are aligned with the Plan." The document specifically indicates that the revision of the ordinance is a next step in achieving the plan's vision and objectives. In addition to the need for consistency with the Comprehensive Plan, the Planning Commission and City Council have often struggled with outdated portions of the ordinance, and have recommended amendments to make the document a more useful tool. An example is the Commission's recent recommendation on the revision of the sign ordinance. Commission cited this as a priority, and directed staff to structure a review and amendment process for that portion of the ordinance. For these reasons, staff is asking that the City consider moving forward with a complete redrafting of the current zoning ordinance. Rather than taking sections of the code piece by piece, a complete revision will allow the City to review not only the language of the document, but the purpose statement of each district in relationship to the changing patterns of development and strategies from growth management, and how each piece of the ordinance impacts another. The revision of the zaning ordinance has been budgeted for 2008. Due to the scale and potential cost of this project, staff believes that a request for proposal (RFP) process will be necessary. Developing a scope of work for the ordinance redrafting will be the first step in developing an RFP. As part of the scope of work, and prior to any work on the detailed ordinance language itself, it is staff s recommendation that a steering committee for the project be formed. The steering committee will be asked to make policy decisions which will lay the groundwork for the entire project. These policy questions fall into three major areas. Planning Commission Agenda -- 03/04/08 1. FORMAT What format should the new ordinance take? Does the City envision a document that is less technical and more "form-based"? In other words, will the ordinance place more emphasis on performance standards and physical form? Or, should the ordinance remain in relatively the same general format? 2. LAND USE CATEGORIES Are the current land use categories and purpose statements adequate or will they require updating to be more consistent with current and future developacnent patterns and with the land uses described within the comprehensive plan? 3. CONCEPTS Are there additional concepts or practices that need to be included within the revised regulations? For consistency with the comprehensive plan, these may include conservation design, overlay districts, or urban reserve concepts. Understanding that these fundamental issues will need to be addressed prior to work on ordinance language will allow the RFP respondents to prepare a more accurate proposal in terms of the project's time, process and budget. Obviously, this project will be an involved, time-consuming task. Staff believes that the project will take up to two years. Preliminarily, staff believes the update will require a series of workshops with the full Planning Commission, with representation by at least two City Council persons. A series of public workshops and sessions with other City commissions will be held at appropriate points. If the Commission chooses to recommend that the RFP process move forward, the next step will be to request formal approval frarn the City Council. If approved, the City will prepare the RFP, form a steering committee (as recommended by the Commission and Council), and set a schedule for the review and selection of a proposal. ALTERNATIVE ACTIONS 1. Motion to recommend that the City of Monticello proceed with a Request for Proposal (RFP) for a comprehensive update of the Monticello Zoning Ordinance. 2. Motion to recarnmend that the City of Monticello not proceed with a Request for Proposal (RFP) for a comprehensive update of the Monticello Zoning Ordinance. 3. Motion of other. • 2 Planning Commission Agenda - 03/04/08 STAFF RECOMMENDATION Staff su orts alternative 1 above. The draft comprehensive plan specifically outlines pp this pracess as a next step in achieving the outcomes of the plan. The comprehensive plan process is drawing to a close and the revision of the ordinance for consistency with the plan is imperative. Recent discussions on the outdated nature of the current ordinance also make this process crucial to planning for future growth and develapment. As this is a relatively quiet time in the development cycle for the City, this is also an ideal time to begin such a project. Staff has time available to focus on the project, and believe completion prior to the next upturn in development will be critical. SUPPORTING DATA A. Excerpt -- Draft, Monticello Comprehensive Plan Update • 1D/~ ~~ ~.~ • from the Planning Commission, or until 60 days have elapsed from the date of submission to the Planning Commission. Annual Updates A strategy for keeping the Comprehensive Plan up to date and relevant is through an annual review of the flan and development trends. This annual review could include: - Development trends and projects from the current years. - Summary of amendments to Comprehensive Plan. - Discussion of current development issues and im- plications for the Comprehensive Plan. This approach keeps an active and current focus on achieving the vision for Monticello and the use of the Comprehensive Plan. Updating growth projections is an important part of an annual review. The City should lead an annual and collaborative approach to updating these projections. An annual update should be based on a discussion among key stakeholders including the City, developers, the business community and the School District. This approach ensures that the projections are based on the best possible information and that all stakeholders are using common assumptions about future growth. Another benefit of this approach is an ongoing forum for the discussion of recent trends and the future of Monticello. Modifying Land Use Controls State Law requires that the Comprehensive Plan contain guidelines for the timing and sequence of the adoption of official controls necessary to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. 2DD8 Comprehensive Plan (D.RAFT - Januar;r ZDD$ Zoning Regula#ions State Law views zoning regulations as a critical tool for implementing the Comprehensive Plan.. Minnesota Statutes, Section 462.355 states: "...the planning agency [Planning Commission] shall study and propose to the governing body [City Coun- cil] reasonable and practicable means for putting the plan or scctiorts of the plan into efTect. Subject to the limitations of the following sections, such means include, but are not limited to, zoning regulations, for the subdivision of land, an official map.." The City has adopted zoning regulations (Title 10 of the City Cade) for the purpose of carrying out the policies and goals of the land use element of the Comprehensive Plan. The application of zoning districts and the specific regulations must support the objectives of the Com- prehensive Plan. Adopting an updated Comprehensive Plan should immediately be followed by a review and modification of the zoning ordinance. In a broad sense, this review of the zoning ordinance should examine the fallowing items: - The regulations for each zoning district should be reviewed to determine if they fit with the intent of the Comprehensive Plan. Zoning districts should be examined in relationship to land use designations. Changes in zoning districts will be needed to match zoning with land use. One of the policy decisions the City will need to make is how to implement the land use plan through the zoning district designations. In the Twin Cities metropolitan area, State Law (the Metropolitan Land Planning Act - Minnesota Statutes, Section 473) mandates consistency between the land use plan and zoning regulations. Out- side of the metropolitan area, there is not a statutory requirement for consistency. While the goal should be a clear and strong connection between the land use plan and zoning, Monticello has flexibility on how and when to make changes. Strategies include, but are not necessarily limited to, the following: - Keep current zoning in place until such time as the use terminates or redevelopment is initiated. Planning Framework ~ i-5 - Rezone property to a zoning district compatible with a land use plan category. - Develop an interim strategy to address current use situations as they relate to long term objectives. It is essential, however, to remember that zoning regula- tions control the use of land. If Monticello chooses a strategy that does not immediately create consistency, then the City must have a clear strategy for when changes are made. Nonconforming Uses Changes in zoning districts may create nonconform- ing uses. Such uses occur when the existing land use is not allowed within the zoning district. In most cases, when these situations arise as the result of a new Comprehensive Plan, the goal is not to influence an irn- mediatechange in property use. Instead, the objective is to guide future investments to achieve the outcomes desired by the Comprehensive Plan. Nonconforming uses are controlled by Section 9.15 of the City Code. A review of the zoning regulations will provide the context for an evaluation of the noncon- formingprovisions. This evaluation, in turn, may point to Ordinance changes that will assist in the reasonable transition of nonconforming land uses. Subdivision Regulations While the land use plan has direct implications for zon- ing, the Comprehensive Plan does not have comparable effects on the land subdivision and platting regulations. Changes in these regulations are not required for the immediate adoption of the Plan. Project Evaluation In adopting the Comprehensive Plan, the City afMon- ticellomakes a commitment to use the Plan as a means of evaluating a variety of private and public projects. This evaluation requires using a series of questions to consider the merits of a project: - Is the project consistent with the land use plan? - Is the project consistent with the policies contained in the Plan? A negative answer to one or more of these questions may illustrate flaws in the proposed project. These flaws may be fundamental and require denial of the project, but modifications to the project that bring it into compliance with the Comprehensive Plan maybe possible. Negative answers to the questions listed above might, however, point to a need to amend the Plan (see Amending the Plan). In such situations in which a noncompliant project underscores a potential flaw in the Plan, then the project should be approved and an effort to properly amend the Plan should be initiated. Repeated failures to amend the Plan in order to allow worthy projects to move forward will eventually render the Comprehensive Plan useless. What is a Project? To apply this process, it is helpful to define a "project" This definition has both practical and legal consider- ations. For the purposes of the Comprehensive Plan, the following items are considered projects: - Platting of land for private development - Rezoning of property - Acquisition and disposition of public lands - Construction of public improvements - Provision of financial assistance to private devel- opment The discussion that follows examines each type of project in greater detail. Platting The Land Platting and Subdivision Regulations of the City Code do not require consistency with the Compre- hensive Plan as a prerequisite far approving a prelimi- nary and final plat. The regulations da tie back to the Comprehensive Plan for certain aspects of subdivision design, such as streets and parks. Rezoning Rezoning that changes the use of a parcel should not - Does the project move Monticello towards its vi- be undertaken without corresponding changes to the sion for the future? band Use chapter of the Comprehensive Plan. The Plan • ~~ ~J 1-b ~ Planning Framework City of Nlanticella • and the zoning regulations act in concert to manage land use. The zoning regulations do not specifically require the City Council or Planning Commission to consider relevant provisions of the Comprehensive Plan as part of the review of proposed amendments to zoning regulations. Acquisition and Disposition of Public Lands According to State Law (M.S. Section 462.356, Subd. 2), publicly owned land within the City cannot be ac- quired or disposed of until the Planning Commission has reviewed the proposal and reported in writing to the City Council as to the compliance of the proposed action with the Comprehensive Plan. The City Council may, by resolution adopted bytwo-thirds vote, dispense with this requirement when it finds that the proposed acquisition or disposal of real property has no relation- ship to the Comprehensive Plan. Construction of Public Improvements The Comprehensive Plan guides capital improvements by all political subdivisions. No capital improvements shall be authorized by the City (and its subordinate units) or any other political subdivision having jurisdic- tionwithin Monticello until the Planning Commission has reviewed the proposal and reported in writing to the City Council as to the compliance of the proposed action with the Comprehensive Plan (M.S. Section 462.356, Subd. 2). As with land transactions, this requirement can be dispensed by Council resolution if the capital improvement has no relationship to the Comprehensive Plan. Provision of Financial Assistance T'ax increment financing is the only finance tool for- mally tied to the Comprehensive Plan. State Law requires that the City find that a TIF plan conforms with the Comprehensive Plan. As a matter of policy, similar evaluation should apply to other forms of public financial assistance. In agreeing to provide financial as- sistance toprivate development,rt isreasonable that the City Council determines that the development furthers the objectives of the Comprehensive flan. Next Steps Updating the Comprehensive Plan is one step in the ongoing process of guiding development and public investments. The Comprehensive Plan identifies a series of next steps in this process. Zoning Ordinance A priority should be given to the review and updating of zoning regulations. This vision and objectives of the Comprehensive Plan will not be achieve unless zoning regulations are aligned with the Plan. Outside of the seven-county metropolitan area, zoning regulations control the use of land, regardless of their consistency with the Comprehensive Plan. Subdivision Regulations Subdivision regulations are another important land use management tool for the City. 'Chese regulations should be reviewed to identify and adopt changes that enhance the ability to implement the Comprehensive Plan. In particular, the review of the subdivision regulations should focus on compliance with current State Law, support far zoning regulations, protection of natural resources, and dedication of park land. Park Dedication Ordinance The statutory power to require the dedication of park land is an essential tool for implementing the Compre- hensive Plan. The park dedication ordinance should be updated to provide consistency with the Comprehen- sive Plan and compliance with current State Law. Natural Resources Inventory A natural resources inventory (NRI) would identify the type, location and significance of natural features in Monticello and the orderly annexation area. Informa- tion from a NRI is invaluable in: Identifying areas of environmental significance that need public protection. Coordinating development proposals with the natural environment. ^ Planning for a greenway system around Monti- cello. 2009 Camprehensi~fe Plan (ABAFT January 2,008) Planning Frame~NOrk ~ 1-7 Flanning Commission Agenda - 03/04/08 11. Consideration to call fora ublic hearin for the recommendation of ado tion of the Monticello Comprehensive Plan. REFERENCE AND BACKGROUND Over the past two years, the City has worked to develop a comprehensive plan that will guide the City's immediate and future land use policy. It has been a long process, but one that incorporates the advantage of a 2008 perspective on growth that is much different from that of 2006. During the process, the City has held community meetings, neighborhood meetings, task force sessions, and joint City Council and Planning Commission workshops. Through these, valuable information on the direction far the future of growth of Monticello has been gained. The feedback from these sessions has been analyzed, processed and put into draft form. The draft plan uses as its foundation the insight from those many sessions, as well as statistical data about Monticello. It provides concrete goals and policies for the different geographic areas of the community. It outlines a new format for guiding land use that is more flexible and responsive to today's growth trends. The draft plan includes a specific chapter on economic development, as the growth of jobs has been cited throughout the process as a goal that is as important as the physical growth of the community. Lastly, there is specific reference to other tools which will be needed to implement the policies of the plan. These include a revision of the zoning ordinance and completion of a transportation study. At this time, staff believes that the draft Comprehensive Plan is ready for the formal public hearing process required by statute. As such, the Planning Commission is asked to call for the public hearing on the 2008 Draft Monticello Comprehensive Plan. ALTERNATIVE ACTIONS Motion to call for a public hearing on the 2008 Draft Monticello Comprehensive plan at a date and time to be set by the Monticello Planning Commission. 2. Motion of other. RECOMMENDATION Staff recommends alternative 1 above. Planning Commission Agenda -- 03/04/08 12. Consideration to a oint a liaison to the Ad Hoc Natural Resource Invento Selection and Review Committee. AS REFERENCE AND BACKGROUND Staff has prepared a request for proposal for the Natural Resource Inventory, which the Council approved in January as a 2008 project. Staff has mailed and posted the request for proposal. Proposals are due on April 1, 2008. At this time, staff is requesting the review and appointment of an ad hoc NRI Selection and Review Committee. The Committee will be charged with reviewing NRI proposals and recommending candidate firms for interview and ultimate project award. The Committee will also receive the final NRI for a compliance review in terms of the original project scope, prior to presentation to other City Commissions and the City Council. The Council has approved committee representation as follows: City Council member - 1 Planning Commissioner -1 Parks Commissioner -1 City Administrator City Engineer Community Development Coordinator Parks Superintendent The Committee will begin work in April and is expected to conclude with a recommendation on the final NRI document in September of 2008. The final NRI will be presented far review and comment to the City Council, Planning Commission and Parks Commission. ALTERNATIVE ACTIONS Commission is asked to appoint a member to serve on the ad-hoc committee at this time. SUPPORTING DATA Request for Proposal - NRUA ~l • REQUEST FOR PROPOSALS TO PREPARE A NATURAL RESOURCE INVENTORY AND ASSESSMENT FOR THE CITY OF MONTICELLO, MINNESOTA Proposal Due Date/Tirne APRIL 1, 2008 4:00 P.M. (CST) .7 CITY OF MONTTCELLO Community Development Department 505 WALNUT STREET, Suite 1 MONTICELLO, 55362 • REQUEST FOR PROPOSAL TO PREPARE A NATURAL RESOURCE INVENTORY AND ASSESSMENT CITY OF MONTICELLO, MINNESOTA This document is to solicit requests for proposal to prepare a Natural Resource Inventory and Assessment. COMMUNITY BACKGROUND The City of Monticello is afree-standing urban fringe city with its growth driven by a prime location on Interstate 94 between the Minneapolis/St Paul Metro area and the City of St. Cloud. The residential population is currently estimated at 12,000. The City has undergone tremendous growth and change aver the last ten years, which was guided by previous planning efforts. Recently, the City of Monticello and Monticello Township entered into an agreement providing fora 10,000 acre "Planning Area" for the City of Monticello. This area features farmland, wetland systems, lakes, meadows and scattered forests. For the most part, the properties in this area remain in large tracts and generally free of scattered rural subdivisions. However, given the potential for continued growth and the need for responsible planning of land uses within the City's Planning Area, it is important to provide a foundation of information for natural resource based planning. Further supporting the need for a natural resource analysis is the recent update to the Monticello Comprehensive Plan. The City is nearing completion of the update. The current draft update states: Monticello seeks to use the environment as a catalyst for development while preserving natural assets for public use and future generations. To further this goal, the Plan calls out a natural resource inventory as an implementation strategy to achieve plan objectives. A natural resource inventory and assessment will be a critical tool in prioritizing and protecting natural resources within the City and the Planning Area. C 2 CURRENT ISSUES TO BE ADDRESSED WITH NATURAL RESOURCE INVENTORY AND ASSESSMENT • Protection of high-value and environmentally sensitive areas adjacent to the Mississippi River. • Analysis and recommendations for the Pelican Lake watershed within the Planning Area. Pelican Lake is a large, shallow water body slated for restoration for water fowl habitat. It is adjacent to Monticello Orderly Annexation Area. • Identification and quality analysis for existing prairie ponds, lakes and wetlands throughout the Planning Area. • Qualitative environmental. analysis of the Camp Manitou property, a 1,200 acre property currently owned in entirety by the YMCA. • Identification and qualitative analysis of remaining forested areas. • Demarcation of quality ecological or biological areas, including nesting or migration habitats, prairie or oak savannah, etc. • Habitat analysis and recommendations for existing powerline corridors. • 3 TNVENTORY AND ASSESSMENT SCOPE OF WORK The selected Consultant will develop a method of applying existing data resources and field work to identify types of natural resources, prepare a qualitative prioritization for preservation within the geographic scope area, and develop recommendations far conservation of priority areas. A final scope of services will be developed in collaboration with the selected firm. However, the basic components of the Tnventory and Assessment should include, but not be limited to, the following scope of work. There are five components to the project: 7. Compile natural resource information for the Planning Area. 2. Analyze and prioritize resource information. 3. Perform field investigations of priority sites. ~. Recommend goals and strategies for preservation and protection of highest priority areas. 5. Prepare a final inventory and assessment document and deliverables. Component Detail 1. Compile Natural Resource information far the Planning Area The Consultant will collect various data from multiple organizations to create a Planning Area inventory. The selected Consultant will contact local resource professionals, state and local agencies, as well as land conservation organizations and conservation commissions. Data collected should include: a. Existing land cover, including the types of forests, wetlands, b. Other types of vegetation, agricultural lands, impervious surface, etc. c. Significant or sensitive native plant communities d. Ecological landscapes (e.g., using the Ecological Classification System) e. Species that are endangered, threatened or of special concern f. Game and non-game wildlife and wildlife habitat g. Forest resources h. Wetlands, rivers, streams, and lakes 5 i. Surface and groundwater quantity and quality j. Soil types and suitabilities k, Landforms, such as hills, streams, and watersheds 1. Geological hazards, such as floodplains, highly erodible soils, etc. m. Aggregate resources, such as sand and gravel deposits n. Mineral resources, including precious and ferrous minerals o. Local energy sources p. Greenways and habitat connections between sensitive areas q. Status of land conservation (e.g., public ownership as protected open space and/or as park, enrollment in CRP, etc.) r. Existing trails and public accesses and their distribution relative to human populations 2: Analyze and Prioritize Resource Information The Consultant will synthesis the data collected to produce a prioritization of resources based on their potential in the following areas. a. Existing habitat for particular wildlife b. Potential greenway connections (for natural habitat and/or recreation purposes) c. Potential parkland (passive) d. Opportunities for native plant community or habitat restoration e. Areas essential to water quality and water resource management f. Overall state of natural resource health (e.g., including insect and disease problems, invasive exotic species, etc.) g, Threats to unique plant communities h. Lands with economic or commodity value i. lmminent lass or destruction of the resource j. Relative rarity of the resource k. Community value 3. Perform Field Assessments of Priority Sites The Consultant will perform the following site investigation tasks to confirm conditions and potenrial restoration and preservation opportunities. a. Conduct field evaluations of sites identified in Component 2 as having the highest preservation or conservation potential. b. Document and photograph basic field components including acreage of parcel, site characteristics, and proposed functions and any values to be restored. 6 4. Recommend Goals and Strategies for Preservation and Protection of Highest Priority Areas. The Consultant will identify a set of goals and strategies for resource conservation and management for the overall area, as well as specific goals and strategies far priority natural resource areas. These will be consistent with and supportive of the Comprehensive Plan. • Evaluate current development patterns and practices and suggest specific programs or practices for incorporation into City planning efforts (e.g., Zoning Ordinance and Subdivision Regulations). • Providing specific recommendations for park planning, open space, trails, and greenway planning. 5. Prepare a Final Inventory and Assessment Document and Deliverables Based on the assessments completed with Components 1-4, the Consultant will prepare the following deliverables. a. Coordinated sets of computer databases and GIS map layers, compatible with the tools used by Monticello far planning and management purposes. These layers should include: • Land cover type (each polygon mapped and referenced to table of attributes) • Soils, by type • Wetlands, by type and jurisdiction Lakes, by state shoreland management classification • Agricultural land, by productivity class • Lands enrolled in a conservation reserve program • Forest cover, by type, age and condition • Steep slopes (e.g., greater than 12 percent) • Flood plains Important plant and animal habitats b. A final Inventory and Assessment document containing written and graphic narrative, incorporating all findings from Components 1-5a. The Consultant shall provide thirty (30) bound color copies, and one (1) electronic version of the final Inventory and Assessment document in Microsoft Word, Adobe Acrobat, Arc View, and/or PDF format as best suits the City's compatibility. c. The consultant will present formal findings to staff and other City representatives in a public forum. 7 STAFF SUPPORT Staff support will be limited. The Consultant will be responsible for the collection of baseline data resources. Staff will provide available City data and may act as a resource as the project progresses. City staff will provide project coordination assistance as needed. Engineering studies and information will be provided solely by City Engineering staff and City consultants. Engineering staff will be available to assist throughout the process on an as-needed basis, with such costs funded directly by the City of Monticello. SELECTION/EVALUATION CRITERIA Proposals will be reviewed on a points basis, with a maximum of 1p0 points to determine ranking of each proposal. 1. Demonstrated Capacity and Experience - a maximum of 40 points The candidate firm must be a consulting firm or team with proven expertise natural resource based planning. Candidate firm must demonstrate ability to manage information and resources independently. Candidates are required to supply, and will be evaluated on, a general information statement that briefly describes the candidate firm and consulting team, including background, size, past projects, scope, and nature of services. The statement should provide detail on the individual consultants assigned to the project. Please supply information on relevant past experiences and performance. A list of references, including names of individuals and phone numbers and other information as appropriate is required. Representation that the candidate firm or consulting team will in all aspects conform to and comply with the City's Equal Employment Opportunity requirements; and a written assurance that the proposal will not result in a conflict of interest should accompany the proposal. 8 2. Project Approach and Organization - a maximum pf 60 points Candidate proposals shall include a detailed methodology for accomplishing the scope of work described in this RFP. (20 points) The proposal shall include an evaluation of time allotted to each component of the scope of work and include an estimated time schedule far each component of the project, based on a start date of May 1, 2008 and completion date of September 1, 2008. The evaluation should also include the time required to prepare the Inventory and Assessment documents and deliverables. (20 points) The proposal shall include a detailed cost estimate for completing the project. Hourly costs far additional time should also be provided, along with any extraneous expenses associated with travel for field evaluation component. Proposals will be evaluated against the budgeted amount for the project (15 points). SELECTION PROCESS An Ad-Hoc subcommittee will be formed to evaluate and rank all submitted proposals. After conclusion of this review, the subcommittee will recommend the most qualified consulting teams or firms to the City Council. The Council will review the recommendations and invite the top candidate(s) to conduct a presentation before the Council, members of City staff and representatives of the Planning Commission. Presentations are expected to occur in late April, 2008. The City Council will make the final decision on the consultant firm selection, with input from the subcommittee, Planning Commission and staff. The decision will not be made by ranking alone, but will be based on a combination including, but not limited to: ranking, presentation, proposal merit and other qualifications. Once authorized to proceed, the "most qualified" consulting team or firm will be expected to immediately assist in developing a final scope of services and contractual agreement. The City of Monticello reserves the right to waive any irregularity in any submittal or reject any or all proposals. Any costs incurred by candidate firms or consulting teams in preparing submitted Statements of Qualifications and Experiences are the sale responsibility of the respondent. 9 The Ad-Hic Committee will receive the final Inventory and Assessment fora compliance review in terms of the original project scope, prior to presentation to other City Commissions and the City Council. INQUIRY AND SUBMITTAL PROCEDURES All proposals should be sent and all questions and correspondence should be directed to: City of Monticello Attn: Angela Schumann 505 Walnut Street, Suite 1 Monticello, MN 55362 763-271-3224 or andela.schumannC~ci.monticello..rnn.us Ten (10) copies of the proposal and one digital copy of the proposal are required. Request for proposals must be received prior to 4:00 PM (CST) on Apri11, 2008. Late submittals will not be considered. • 10