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Planning Commission Agenda 12-02-2008AGENDA MONTICELLO PLANNING COMMISSION Tuesday, December 2nd, 2008 6:00 PM Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staf£ Angela Schumann, Gary Anderson, Steve Grittman - NAC Call to order. 2. Consideration to approve the Planning Commission minutes of November 5th, 2008. To be provided at meeting of 12/02/08. 3. Citizen Comments 4. Consideration of adding items to the agenda. 5. Public Hearing -Consideration of a request for a variance to Chapter 3 of the Monticello Zoning Ordinance regulating R-2A Design Standards Applicant: Ejimadu, Evanistu 6. Consideration to adopt the 2008 Natural Resource Inventory and Assessment. 7. Consideration to review for discussion and direction the second draft of an amendment to Chapter 3 of the Monticello Zoning Ordinance regulating Signs and to set a date for a joint Planning Commission and City Council workshop. 8. Consideration to review for comment a Request for Proposal for the Comprehensive Revision of the Monticello Zoning Ordinance. 9. Transportation Plan Update 10. Adjourn. • Planning Commission Agenda - 12/02/08 5. Public Hearing: Consideration of a request for a variance to Chapter 3 of the Monticello Zoning Ordinance regulating R-2A Design Standards. Applicant: Ejimadu, Evanistu. (AS) REFERENCE AND BACKGROUND Evanistu Ejimadu is requesting that the Planning Commission consider a variance from the City's required design standards related to an existing residential property located at Lot 17, Block 1 of Carlisle Village 5th Addition. At the time Carlisle Village was platted, two residential properties existed on the site, including the subject property. These properties became existing lawful non- conforming uses within their respective zoning districts. In short, though some aspects of the homes did not comply with the new layer of applicable zoning code, they are allowed to continue in their current use and state until such time that substantive modifications are made to each site. The approved development plans and agreement for the site did not specifically exempt the two existing properties from the applicable zoning standards. This lot falls under the R-2A portion of the development. Mr. Ejimadu is seeking to renovate the existing property, making both inte;rior and exterior modifications. The detached garage that existed on the site has be;en removed. At this time, Mr. Ejimadu is seeking to construct an attached garage on the south side of the home, in what is now the front yard. Commission will note that as a result of the platting of Carlisle Village, the side and front yards of the Lot 17, Block 1 property shifted. The side yard of this property is now in effect the front yard. As such, the addition of the attached accessory structure would require that the applicant meet the following provisions of the Zoning Ordinance: 3-2[B]4 R-IA and R-2A Districts: Building Materials. NO less than 20% of the f Font building facade of any structure in the R-IA District shall be covered with. brick or stone. Any accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage by 10%. and 3-2 [B] R-2A District: A garage of at least 450 square feet, attached or detached., shall be constructed as a part of any single family home. Garage frontage: From side building line to side building line of any single family home, no more than SO% of such building width shall consist of garage Planning Commission Agenda - 12/02/08 doors that face the street. Side or rear loaded garages, or detached garages in the .rear yard, are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front line of the principal use. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. And 3-7[A]5 Landscaping: Lots in the R-2A district shall be required to provide significant landscaping. Within front yards, no less than 60% of the yard shall be landscaped garden area. No private driveway leading to a garage may be more than 18 feet in width. For the portion of the lot that is not covered by the structure, the property shall be landscaped with plant materials equal to one ornamental tree per each 1,500 square feet and one ornamental shrub per each 1 SO square feet. Lot area that is. not covered by shrubs and trees may be covered with lawn, gardens, and patios or decks. A landscape security shall be provided to insure the landscaping of each lot in accordance with this section. Thy applicant is seeking variance from the above provisions. 1 Section 3-2[B] requires that no portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. In this case, the applicant is seeking to position the garage on the southern front corner of the existing home. The interior layout of the home makes this point the most logical, as placing the garage at the northern end of the home would have the entry point of the garage leading directly into bedroom areas. Additionally, the garage could not be shied completely to the east, as the proposed accessory structure dimensions, at 22" x 24", would not fit the current lot dimensions and configuration. The applicant is also seeking variance from the ordinance provisions requiring improvements to the facade and landscaping provisions, which require a large amount of front yard landscaping improvements. In considering all requests for variance, the Planning Commission is required to make a finding ofnon-economic hardship. Variances maybe granted in circumstances where the reasonable use of a specific parcel of property or lot existing and of record upon the effective date of this ordinance or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of this ordinance would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which said lot or parcel is located, or would create undue hardship upon the owner of such lot or parcel that the owner of Planning Commission Agenda -1.2/02/08 another lot or parcel within the same district would not have if he were to develop his lot or parcel in a manner proposed by the applicant. Additionally, the Commission must find that the variance will not "Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this ordinance." In this case, the platting of the property resulted in shifting of lot configuration, which may make the location of an attached accessory structure in accordance with ordinance requirements unreasonable. The Commission will want to consider whether variance to the other two code provision for landscaping and facade improvements are acceptable in light: of the homes pre-existence within the plat. ALTERNATIVE ACTIONS Decision 1: Variance to Chapter 3 of the Monticello Zoning Ordinance regulating R-2A Design Standards as related to garage setback, facade improvement and landscaping requirements. 1. Motion to approve the requested variance Chapter 3 of the Monticello Zoning Ordinance regulating R-2A Design Standards as related to garage setback, facade improvement and landscaping requirements, based. on a finding that the platting of the property created a situation in which compliance with terms of this ordinance would result in exceptional difficulties when utilizing the parcel or lot in a manner customary .and legally permissible within the district in which said lot or parcel is located 2. Motion to deny the requested variance to Chapter 3 of the Monticello Zoning Ordinance regulating R-2A Design Standards as related to garage setback, facade improvement and landscaping requirements., baseci on a finding that there is no condition of the property that creates a hardship in putting the property to a reasonable use according to the regulations. STAFF RECOMMENDATION Staff believe that a hardship exists as related to the appropriate setback of the proposed attached accessory structure. Positioning the garage to meet the 5' rule would be unreasonable in terms of the current home and lot layout. However, as this property is embedded within the R-2A district, it may not be unreasonable to require the applicant to comply with the facade and landscaping improvements. The requirements would create consistency within the Planning Commission Agenda - 12/02/08 development. That being said, it should be noted that if the applicant were not seeking to add the garage facility, the City would not be able to impose the landscaping and facade requirements to the existing lawful non-conforming use. SUPPORTING DATA Exhibit A: Plat Exhibit Exhibit B: Certificate of Survey Exhibit C: Garage Specifications Exhibit D: Site Images • • t Services, Inp //// Jf-._.._._.._,..~_ ~1~G ~ t\ lV ~ ~ cf ~ ~~ f ~ / /C.uP ~ /// // ~, ~ j~ / ' ( STOR \ / / ~,p'"~l„~f\ \~/l, ~ ~% / /~~~ ~ 1% j / - j / \ \ 705 0~ 50' ~ 100' ~r ~~U ~f / /// '~/ ~~// ~ / ~/ L .. \ _ 107 ~K ~~~ 1 d~ ~ ~ /// i~ ~ ~ ' j ~ ~ ~ ~i t07A J ~ / // j/ ~; ~ / ,~' / / ' \ , .,` , 1078 ~ ~ ~ ~ ~ ` / ~ / i - A 708 '~~ / / i ~ d - ~ - ~ tOBA ~ ~ eENC_ H MARS y~~ / ~%~ / ~/// i n. ` % / ~ ~ ~ \ 709 LOT v & 4, BLOCK 3 i ~ ~ ~ s% / ` ~ 1096 GATEwATER DRIVE ~ _ ~/ ~ / ~ ~i ~ 112 ~~ I T.N.H. ELEV.=969.61 ~ /~~ / / ~ ..~ - ~ 112A BAKKEN STREET / / / ~ ,~i 173 -1 STA. 2+29 / ~// / .~'' ~ ~ ~ _ 114 T.N.H. 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I ~ ~ '1 ~ O I jr ~ i o, a ~ ^p i ~. k ~ ~g'OL =1 7 .F't gt ~ i o; a ~~~ ~~~ Q ~ ~, ~ ~ ~ Gi ;~ %~~ ~~~s.~ ~_,.~ Qimi 'V% a~ '(~ ~~ i----- 4 9r: ~i ' _~_, b~ a _ ~ ~ ~ ~ ~, ~.f 9 • • • 0 ~~~~«~ i ~ t~ ~ s W ~$~ 9~2f~o0~ ~~~ °a~ ~~~~ ~~~~ ~ the ~uil~~~~ Materials cour~terto purchase your materiels, ha eie~te a Garage with. 22' Wide ~ 24' Deep X 8' Nigh The options you have selected are: Gable ray ~ ~l~Jr 4;12 pitch trusses 2' O.C. 2~4 Wail f=raming Material 12" gable'12" eave overhangs 1116" OSa Wall Sheathing Gorilla Wrap 112" OSB P,oof Sheathing €C"aki Tin~~ber~~rest Prem. Vinyl Double 4" Lap Siding 2~ yr. S~?G ~erglass. Wealherwood Shingles Simi B~~ ~. °~en~(Mefaij, Black ~~~4irli~e A,ii. ~;-~~nu;ll Soffit & Fascia ~`~Jhi~e Prr r~~ium Roof Edge White !~'ir~~~;;~1 ~~verhead Door Jamb ..~ ~ _ C~/ 2a~ ~~ - /~ Front `1ir~,~; 15 LB Roof Felt 2 Rows Granular Ice ~ Water Barrier 1-114" Cail Roofing Nails 2-318" 33 Deg Sheathing Nails 3" 33 Deg Framing Nails Standard Concrete Blocks Anchor Bolts ,_ yX`~ ~~'G-R~"' ART ~L~woof~ ~' g ~- zg.~~ ~~ ~/ ~1I n/ ~q 0 E SPEcr.`f l ~,,~.~~ ~~ -~ ~ll ~ °~t~~~s ~E ~ ~~~ter~ai estir~ated i~ this lei ~a ,3~~~ Tr~~ ~a~~ I. a~ ~; 0 C~ab~e O~~erhangs F~~~aming Malenals, ~~D~J~ price), ~~ ~~~ ~ ~ ~ _, ~ , ~~hQr~ a~~ ~:~Ia~sc - Ony;; Blau Shingles, D J ~ ~ ~~ P~ i- , ~~ ; , gar ~~ of ~ gut b Tez?ureri Vartica!Hardboard Siding, No ~~ > > ,,,~ ~~u~or., No i?dindo~r~s, or Any Other Options. AI! ~ -~ t -:r iha~ .i:,a, has been provided by guess znd Menards is not responsible far any errors ire the information on ihis st~n~aPe; incl~dmg bus not Iimi(ed `c ~ u: ~~~~~~~ .,~~~ ,~~~(, !' ~u:~e e~arrirra ihis ~Jtii~ate carefully. MENARDS ~~AKES NO REPRESEN IATIONS, ORAL, V~IRlTTEN OR OTF'ERV'~(ILE THAT THE r~;l= - ',~ ~. G? ~';^," ~~'UR~~ ,: ~ E=!P~1G COPJSIDERED B" THE QUEST BECAUSE OF ?HE';~'IIDE vARIP, i IONS IPi .'.CE ~~_-~~-'~E~ win ~_''~ ; ~ ~ ~ ~ ~, ~ tF~, ~ ~ D _REfN MEET YOUR CODE REQUIREMENTS. ~~~~ ~:~ °~ *r, ~~~~ ~~ ~~ ~~ ~~~ ~onfigurat~ons for your design. Illustration N1ay Not Depict Alf Options Selected ~~ge 2 of 9f ~4f 2~ 3' Gable r ~~ ~~~~~' Gable Back Uiev~ ( :'~~ ~ ~ ,' ~`~'.~ UTILITY li~liNDOVU (1) - NIHITE INSUL RfP M4P,SF 16X7 EZSET TORS c7 ~, • _, ,_. ~ ~I _- Ea~~°e ~rrr'~; ~~ Eave Back View (1) - CM16-PANEL STEEL DOOR PH36X80 LH SB ~~~ ~ -~ ~~ ~ ~,~: intended as a g~r~eral construction aid and ha~~e been calculated using rypicai construction methods. Because of the vdide variable in caries ait., is , ~ ~;~ i iila I1' ~'S S ~ ' ' b~i~~~ ~'~J'~ , ' CQ 1 `IfaIC . f`~te $ us S a S~ ref 0 ~ ~ ...t n,us~ be ~ ne~ ,ith dour local zoning office, architect andfor builder for budding design and code n ~ r e , ~ r i appl ~o~ ~t~ ~~: ~ ~~~~ liatr ~~~ for u~sign, engineering or the completeness of any materialfists pro+rsded. Underground electrical, ,nhcne and gas lines si~ould be o~••-~~: ,~- -' urd~'~~~.. .:~ s ~ ~ F;r~aliz ,.'. Remember to use safeFy equipment including dust masks and sight and hearing protection dur~ny construction to ensure a p~:.,! ~e'oi, ~,i,, ~.~°~ C,~ • SUBJECT PROPERTY-Lot 17, Block 1, Carlisle 5th Addition r- - ,}~ r. 2 d7: ._. ,.,.. ~1L ~ e~w ~,~ .-ID ~r ~ ~ ~~ ' ~~T'+- _ ~" `~ rr, r .. ~~ ~F ' ,' `.. ,. • :, ~~: ~'' R-2A PROPERTIES IN VICINITY OF SUBJECT PROPERTY N. ~~ 7 ., ~ .. ~c,' - r' X ~~ 4` .-~ h~ i _ • • Planning Commission Agenda - 12/02/08 • 6. Consideration to review and adopt the 2008 Natural Resource Inventory and Assessment. (AS) REFERENCE AND BACKGROUND In June of this year, the City Council authorized moving forward on the completion of a natural resource inventory and assessment (NRUA). At thus time, staff is requesting that the Planning Commission review and adopt the final Natural Resource Inventory and Assessment by resolution. The Comprehensive Plan specifically called for the completion of a natural. resource inventory. The comprehensive plan recognized that natural resources are part of what makes a community a great place to live, work and play. Nah:~ral resources connect us to one another and to the place we live. The NRUA project was the City of Monticello's path to understanding where natural resources. are, what they are, and what they mean to the community. The NRUA project included a very specific scope of work that has yielded a tremendous foundation of natural resource data for the City's MOAA and Mississippi River shoreland. The NRI/A document included for your review includes the following components: 1. Detailed data analysis based on the Minnesota Land Cover Classifi<:ation • System (MLCCS) 2. A prioritized assessment of high quality natural areas based on the MLCCS data 3. An assessment of areas viewed by the community to be of significance in terms of natural resources 4. A series of recommendations for future natural resource initiatives Also included within the scope of work for the project was the creation of detailed GIS layer maps, allowing staff to easily maneuver through all of the above information in a geographic and mapping function. This component is also complete and staff have received training on utilization of the GIS data. Public input was an important component of this project. A public meeting; was held in August of 2008. During that meeting, WSB & Associates was able to obtain information regarding natural areas considered to be of high value. 'That information has been incorporated into the draft document. Additionally, tlhe draft of the NRUA as it appears in this item was presented to the public on November 10th, 2008. The City Council was also present at that meeting and expressed support of the NRUA draft. The results of this study are tremendously important. As the Commission will note in its review of the document, the formal research validates much of what we • thought we knew -for example, that areas along Pelican Lake hold tremendous Planning Commission Agenda - 12/02/08 value as wildlife areas. However, the NRUA also illustrates new information. • For example, although the importance of the Bertram Chain of Lakes as an undisturbed natural area was well-known, for the most part, the State dismissed the area as valuable in terms of natural resource protection. Through the NRUA, the City now knows definitively of the presence of a glacial esker, about the quality of its wetlands and woodlands, and the quality of its lakes. This information has been important as the City has been successful in securing State funds for the acquisition of the Bertram property. The NRUA will also act as an important tool in many other efforts, including: • Identification of areas within the City where likely corridor connections can be made as part of the Transportation Plan. • Guide future planning of appropriate utility plans in the Ditch 33 area. • Facilitate possible future partnerships, such as Wright County and Xcel Energy, to improve connections to natural areas under their control. • Formalizing concept plans for Monte Club Hill, including restoration and buck thorn remediation. • Development of management plans for lands set aside as park or conservation areas. It should be noted that the NRUA is not a plan in and of itself. It is a tool for future planning efforts in development planning, ordinance updates, and park and • recreation planning. Decisions on how the natural resource information will be utilized will be made in the future by the policy-makers under the agreements and regulations already in place and through new proposals. In summary, the NRI/A document prepared meets the scope of work defined and is now presented for Commission's review and comment. ALTERNATIVE ACTIONS Motion to adopt a resolution supporting the approval and adoption of the Monticello, Minnesota 2008 Natural Resource Inventory & Assessment. 2. Motion to deny adoption of a resolution supporting the approval and adoption of the Monticello, Minnesota 2008 Natural Resource Inventory & Assessment. 3. Motion of other. • 2 Planning Commission Agenda - 12/02/08 • STAFF RECOMMENDATION Staff recommends adoption of the NRI/A. Staff believes that WSB & Associates has prepared a document that meets the criteria outlined in the scope of work. The NRUA can now be used as a resource for efforts ranging from park planning to ordinance design as part of the upcoming comprehensive Zoning Ordinance revision. SUPPORTING DATA Exhibit A: Draft NRI/A Exhibit B: Resolution of Adoption • 3 '~`~7 ~^'J' J . CITY OF MONTICELLO WRIGHT COUNTY, NIINNESOTA RESOLUTION NO. RESOLUTION ADOPTING THE 2008 NATURAL RESOURCES INVENTORY AND ASSESSMENT. WHEREAS, the City adopted a Comprehensive Plan in 2008, and; WHEREAS, the Comprehensive Plan cites the completion of a Natural Resources Inventory as a "Next Step" in achieving the goals of the Plan, and; WHEREAS, the City has seen dramatic growth over the last 10 years and with an increase in population and development comes an increased demand for natural resource information, protection and conservation. within the City's Planning Area, and; WHEREAS, the City has reviewed the final Natural Resource Inventory and Assessment document and finds it to consistent with the goals and objectives of the project, and; WHEREAS, the completed Natural Resource Inventory and Assessment will be a resource document for future planning and development efforts, NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Monticello, that it hereby adopts the 2008 Natural Resources Inventory and Assessment. Adopted by the Planning Commission of Monticello, Minnesota on the day of 2008. Rod Dragsten, Chairman ATTEST: Dawn Grossinger, City Clerk • Planning Commission Agenda -12/02/08 7. Discussion of current draft of revised Monticello Sign Ordinance. Ap»licant: City of Monticello. (NAC) REFERENCE AND BACKGROUND Attached is an updated copy of the proposed sign ordinance revision, reflecting the comments made by the Planning Commission during its discussion at the November 6`h meeting, and a general review of typography, etc. Changes from the previous draft are highlighted in red, and utilize a ~t~rt- underline format for clarity. There was a considerable amount of discussion on the sandwich board and temporary sign sections. We have made a number of changes to the text iri these sections, but Commissioners should review these sections carefully to discern whether the resulting text meets your expectations. This draft is made available for discussion at this time. We are currently awaiting a determination of an available joint Planning Commission -City Council workshop date. ALTERNATIVE ACTIONS Decision 1: Discussion only. No action is necessary at this time. STAFF RECOMMENDATION None. SUPPORTING DATA Exhibit A: Draft Sign Ordinance Text -redline version • ~ DRAFT (10/30/08, Updated for 12/02/08) CHAPTER 3A SIGNS SECTION: 3A-1: Findings, Purpose and Intent 3A-2: Definitions 3A-3: Severability 3A-4: Permit Required 3A-5: Permit Not Required 3A-6: Non-Conforming Signs and Uses 3A-7: Enforcement and Penalties 3A-8: Substitution 3A-9: General Regulations 3A-10: Prohibited Signs 3A-11: District Regulations 3A-1: FINDINGS, PURPOSE AND INTENT: [A] Findings: The City finds: 1. Exterior signs have a substantial impact on the character and quality of the environment. 2. Signs provide an important medium through which individuals may convey a variety of messages. 3. Signs can create traffic hazards and aesthetic concerns, thereby threatening the public health, safety and welfare. 4. The City's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. MONTICELLO ZONING ORDINANCE SIGNS 3A-1 [B] Purpose and Intent: It is not the purpose or intent of this Chapter to regulate the message displayed on any sign; nor is it the purpose or intent of this Ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this Chapter is to: 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 2. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. [C] Effect: A sign maybe erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this Ordinance. The effect of this Chapter, as more specifically set forth herein, is to: Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this Chapter. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this Chapter. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the administration and enforcement of the provisions of this Chapter. 3A-2: DEFINITIONS: The following words and terms, wherever they occur in this Chapter, shall be interpreted as herein defined. Terms not defined shall have meanings provided in Chapter 2 of the Zoning Ordinance. MONTICELLO ZONING ORDINANCE SIGNS 3A-2 ABANDONED SIGN: An si and/or its su ortin si structure which Y ~ pp g ~ remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. ' b b J b +a'~ ~,a-~ ~°~~~*~~~ ~~~~~r~~~°a ~~~-~^.Where a sign has received a~ecial permit or other City approval such ~proval shall run with the principal use of the property and such a sign shall be considered to be abandoned under this definition when it meets the conditions specified in this section notwithstanding the prior special approval. AWNING SIGN: A building sign or graphic printed on or in some fashion attached directly to the awning material. BALLOON SIGN: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. BILLBOARD: See definition of Off Premises Sign. BUILDING SIGN: Any sign attached or supported by any building. CANOPY: Aroof--like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. CANOPY SIGN: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. CHANGEABLE COPY SIGN: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements MONTICELLO ZONING ORDINANCE SIGNS 3 A-3 using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. COMMERCIAL SPEECH: Speech advertising a business, profession, commodity, service or entertainment. DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. FLASHING SIGN: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts MONTICELLO ZONING ORDINANCE SIGNS 3A-4 showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. FREESTANDING SIGN: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. FREEWAY CORRIDOR AREA: A special signing area encompassing land located within eight hundred (800) feet either side (north or south) of the centerline of Interstate 94, in addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas Road, East of Sandberg Road, and West of Cedar Street. HEIGHT OF SIGN: The height of the sign shall be computed as the vertical distance measured from the crown of the adjacent street surface to the top of the highest attached component of the sign. ILLUMINATED SIGN: Any sign which contains an element designed to emanate artificial light internally or externally. MARQUEE: Any permanent roof like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. MONUMENT SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding °' ' ten 10 feet. MULTIPLE-TENANT SITE: Any site which has more than one (1) tenant, and each tenant has a separate ground level exterior public entrance. MULTI-VISION SIGN: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one (1) of two (2) or more images. NON-COMMERCIAL SPEECH: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. OFF PREMISES SIGN: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a MONTICELLO ZONING ORDINANCE SIGNS 3 A-5 location not on the same lot where such sign is located. For purposes of the Sign Ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located m an easement or other appurtenance shall be considered an off premises sign. OFFICIAL SIGN: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty -See also "Public Sign". POLE SIGN: See definition of Pylon Sign. PORTABLE SIGN: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign maybe removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. PROJECTING SIGN: Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face. PUBLIC SIGN: Any sign posted by a governmental agency of a public, non- commercial nature, to include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs for civic interest groups within the City of Monticello when signs are erected by or on order of a public officer or employee in the performance of official duty -See Also "Official Sign". PYLON SIGN: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOF SIGN: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. MONTICELLO ZONING ORDINANCE SIGNS 3A-6 ROTATING SIGN: A sign or portion of a sign which turns about on an axis. SHIMMERING SIGN: A sign which reflects an oscillating sometimes distorted visual image. SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. SUSPENDED SIGN: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to such surface. TEMPORARY SIGN: Any sign which is erected or displayed for a specified period or time including but not limited to banners search lights portable signs, streamersLpennants, inflatable devices.- TIME AND TEMPERATURE SIGN: A sign that displays only current time and temperature information. TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a specific lot. VIDEO DISPLAY SIGN: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. WALL: Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. MONTICELLO ZONING ORDINANCE SIGNS 3 A-7 WALL SIGN: Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. WINDOW SIGN: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. 3A-3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 3A-4: PERMIT REQUIRED: No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a permit from the City: [A] The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. [B] Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. [C] Application for a permit shall contain the following information unless waived by the City: Names and addresses of the applicant, owners of the sign and lot. 2. The address at which any signs are to be erected. 3. The lot, block and addition at which the signs are to be erected and the street on which they are to front. 4. Type and size of sign (e.g., wall sign, pylon sign). 5. A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. MONTICELLO ZONING ORDINANCE SIGNS 3A-8 6. Plans, location and specifications and method of construction and attachment to the buildings or placement method on the ground. 7. Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. Written consent of the owner or lessee of any site on which the sign is to be erected. 9. Any electrical permit required and issued for the sign. 10. A detailed description of any electronic or electrical components that are proposed to be added to the sign. 11. Other information to demonstrate compliance with this and all other ordinances of the City. [D] The application shall be accompanied by a fee as established by City Council resolution. Applications for amending administrative permits shall be accompanied by a fee as established by ordinance. E The Zonin Administrator shall noti the a licant in writin of an [ ] g fY pp g, incomplete application within fifteen (15) days of the date of submission. [F] The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this title within sixty (60) days of submission of a complete application. 3A-5: PERMIT NOT REQUIRED: The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 3A-9 and 3A-11 of this Chapter. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. [A] The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting elsewhere than directly on a building. [B] Signs two (2) square feet or less in size. MONTICELLO ZONING ORDINANCE SIGNS 3A-9 [C] One (1) sign per property in residential districts not to exceed four (4) square feet. [D] All non-commercial signs of any size posted in any number from August 1 in a state general election year until ten (10) days following the general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. [E] Official and Public signs. [F] One (1) sign shall be allowed per street frontage when a property is offered for sale or lease, provided that: Within the "R" zoning districts, no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single-family, two- family, townhouse, and quadraminium units; or thirty two (32) square feet in area or eight (8) feet in height for multi-family or institutional uses. 2. Within zoning districts other than "R" and in those cases where a parcel of land exceeds ten (10) acres, regardless of its zoning, no sign shall exceed sixty four (64) square feet in area or ten (10) feet in height. One (1) additional such sign shall be allowed for any street frontage which exceeds one thousand (1,000) linear feet. [G] Sandwich board signs are allowed within commercial zoning districts provided that: Not more than one (1) sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two (2) or more tenants each with an exclusive exterior entrance. 2. The sign shall only be displayed when the business is open to the public. 3. Except in the CCD Central Community District (See subp. 7. of this Section), Tthe sign shall be placed only on the business property- ~, ii + i, • +„ ~ ~. •~,~• °tb~e.~ ~rrccrrzavrcncra7ucrr-izrcv-air`~mici~crr-v aizaiir~~ , ..~.~ ....,.....mob ,.~.. bu~in~~`-erand shall be located within required principal building setbacks or encroaching into required setback areas a maximum of five (5 feet, and shall not be placed on any vehicle. MONTICELLO ZONING ORDINANCE SIGNS 3A-10 4. The signs shall be located so as to maintain a minimum five (5) foot pedestrian walkway and so as not to obstruct vehicular traffic. 5. The sign shall be set back a minimum of two (2) feet from the back of curb of a public street or private drive aisle. 6. The sign shall conform to the following height and area requirements: a. Height: Five (5) feet. b. Area: Six (6) square feet. 7. For sandwich board signs within the CCD, Central Community District, to such signs may =be =located in accordance with the provisions of Subp. 3 of this Section. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right- of-way; upon the issuance of an annual s•~~license in accordance with the provisions and process of Section 3A-4 of this Ordinance °'' ~" '~° r ~°'' ~ ~"~ r a. In addition to the provisions of Section 3A-4 [C] of this Ordinance, the owner of the sign shall provide a certificate of general liability insurance with minimum coverage of three hundred thousand dollars ($300,000.00) naming the City as an additional insured for the sign to be located upon the public right-of--way within the CCD, Central Community District. 3A-6: NON-CONFORMING SIGNS AND USES: [A] Signs: Anon-conforming sign lawfully existing upon the effective date of this Ordinance shall be regulated in accordance with Section 3-1 of this Chapter. [B] Uses: When the principal use of land is legally non-conforming under Section 3-1 of this Chapter, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. [Cl When a sign is considered to be non-conforming due to size, location, or other factor but represents a conforming use of land such sib may be continued including through repair replacement restoration maintenance, or improvement but not including. expansion unless it is considered to be abandoned as defined this Chapter When anon-conforming sign has been damaged to an extent of 50% or more of its market value, such sign shall be MONTICELLO ZONING ORDINANCE SIGNS 3A-11 considered to be abandoned if no building or sib permit. has been applied for within 180 days of the date of damage. 3A-7: ENFORCEMENT AND PENALTIES: This Chapter shall be administered and enforced in accordance with the provisions of Chapter 28 of the Zoning Ordinance. 3A-8: SUBSTITUTION: The owner of any sign which is otherwise allowed by this Sign Ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. 3A-9: GENERAL REGULATIONS: [A] Accessory Structures: Except as provided for by Section 3A-9 [M] and Section 3A-9 [Y] of this Chapter, all signs shall be considered accessory structures. [B] Setbacks: All freestanding signs shall be set back fifteen (15) feet from any property line abutting a public right-of--way and five (5) feet from any side or rear property line. No sign maybe located within a drainage and utility easement. [C] Standards Adopted: The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as maybe amended, are hereby adopted. [D] Electrical Signs: The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such signs shall be underground. [E] Approval: No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Zoning Administrator. [F] Sign Interference: No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. • MONTICELLO ZONING ORDINANCE SIGNS 3A-12 [G] Illuminated Signs: Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. [H] Temporary Signs: 1. -1-For property in the "B" Business Districts "I" Industrial Districts, "CCD" Central Community District or the "PZM", Performance Zone -Mixed District, tThe use of commercial temporary sign devices shall not exceed forty (40) days per calendar year per property. Not more than one (1) temporary sign device per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. 4 For property within the P-S Public Semi-Pulic District. the use of temporary sign devices shall not exceed fifty (50) days per calendar year per~property Not more than one (1) temporary sigri device per property shall be displayed at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. 3~. In cases where properties forego, in writing, temporary signage allowances of Subp. fH1 1. of this Section, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign maybe incorporated into a property's freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. 4 Subject to other provisions of this Section one (1) additional temporary sign device shall be permitted for a business on a one- timebasis for a period of up to forty (40) dais be ig nnin og n the first day of the business openin tg o the public. [I] Permit Display: Signs requiring permits shall display in a conspicuous manner the permit sticker or sticker number. [J] Placement: No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. [K] Structure: A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding twenty (20) degrees unless the total area of both sides added MONTICELLO ZONING ORDINANCE SIGNS 3A-13 together does not exceed the maximum allowable sign area for that district. [L] Off Premises Signs: 1. Off premise signs greater than six (6) square feet in area are a principal use of property. 2. Annual permits are required for all off premises signs. Off premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located. [M] Square Footage Calculation: The area of a sign shall be that that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon.. [N] Height: The top of a sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign maybe attached. [O] Landscaping: '''~, a ~. a • ~.n_ '~°'~~.a., °a ' : =+~, .. „~.r.,... ... unu ~ 0 i,•, •+• ~ +~,° ,,,,,,,,..,~ ~ .,~,,,-°~ „~+~,° .,;~o.A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign and which demonstrates that the sign will complement the existing or proposed general site landscapin owe property. [P] Motor Fuel Facilities: Signs for motor fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non-electronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. [R] Window Signs: Window signs shall not exceed twenty-five (25) percent of the total area of the window in which they are displayed. Window signs meeting this provision are not considered a part of the maximum sign area otherwise allowed under this Chapter and do not require a permit. [S] Multiple Occupancy Commercial And Industrial Buildings: When a single principal building is devoted to two (2) or more commercial or industrial MONTICELLO ZONING ORDINANCE SIGNS 3A-14 principal uses, signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements: 1. The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in Section 3A-11 of this Chapter. 2. Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 3A-11 of this Chapter. 3. Except as provided for in Section 3A-9 [T] of this Ordinance, individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall not display separate wall, canopy, or marquee signs unless the tenant's business has an exclusive exterior entrance and subject to the following requirements: a. The number of individual wall, canopy, or marquee signs shall be limited to one per tenant space, except that not more than two (2) signs maybe displayed for the tenant of a corner suite or a suite that extends through the building thus having two (2) exterior walls. b. Each sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in Section 3A-11 of this Chapter. c. The sign shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street. ~ Tl, f'Co +' 2 ~_(~ fTl ~+1,;~ (''1-,.,rfo_ ~b..,ll .,4 v L Flu.. "...~.t....... .,...,..ate ..... c-civil /1 ~ i J o . LIfUUl lLll(All{. de. A comprehensive sign plan is submitted that includes all of the following information: (1) A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan. MONTICELLO ZONING ORDINANCE SIGNS 3A-IS (2) Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs. (3) To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination(if any). e€ No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan. [T] Changeable Copy Signs: Within commercial and industrial districts, one (1) changeable copy sign (but not including electronic changeable copy signs) shall be allowed per site provided that the area of the sign not exceed twenty-five (25) percent of the allowable sign area or qty-fifty (5049) square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the buildin except where the propertyowner has agreed to forgo the use of temporary signs in accordance with Subp. [Hl 2. of this Section. [U] Time and Temperature Signs: Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. [V] Projecting Signs: Projecting signs maybe allowed in commercial districts provided that: There is a minimum of eight (8) feet of clearance under the base of the sign to the ground below. 2. The sign does not project more than five (5) feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of--way. 3. The area of the projecting sign is not more than fifty (50) percent of the maximum area allowed for an individual wall sign in the respective zoning district in Section 3A-11 of this Chapter. MONTICELLO ZONING ORDINANCE SIGNS 3A-16 [W] Dynamic Displays: 3. Regulations for Dynamic Signs. Based on studies related to the use of dynamic sign displays and driver distraction, the City finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has. adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the City, whether new or existing, conforming or non-conforming at the time of adoption of this ordinance. 'No dynamic sign shall have lettering smaller than ten (10) inches in height. 2. Dynamic signs shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Such signs may change by turning off for a period of at least two (2) -minutes between displays. Dynamic signs shall not be permitted in any Residential zoning district. 4. No dynamic display shall change more than one time per two (2) minute period, except time and temperature displays which may change once every three (3) seconds. 5. Dynamic signs shall ~l~be no brighter than other illuminated signs in the same district. 6. Dynamic displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City'sregulations. 7. Where access to the Minnesota Amber Alert technology is available, all applicants for freestanding sign licenses employing electronic dynamic sign technology shall display such messages as they are made available by the Minnesota Department of Public Safety or other responsible agency. License applicants shall be required to submit information from the State of Minnesota documenting the availability, or non-.availability, of such access as part of their license application. 8. Applicants for a dynamic display shall obtain a specific license for such display from the City of Monticello, and shall sign a form agreeing to operation of the sign in conformance with these regulations. Violation of these regulations shall result in forfeiture MONTICELLO ZONING ORDINANCE SIGNS 3A-17 of the license, and the City shall be authorized to arrange disconnection of electrical service to the facility. ~9. No Dynamic Display shall be permitted to be located in a a.'~ rd or on the side of a building which abuts a residentially zoned parcel. [X] Design and Materials Standards for Signs in Commercial, Industrial, CCD, PZ Mixed, and PUD Districts. 1. Insert materials and design standards here. 3A-10 3A-11 PROHIBITED SIGNS: The following signs are prohibited: [A] Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. [B) All off premises signs greater than six (6) square feet in area. [C] Content classified as "obscene" as defined by Minnesota statutes section 617.241. [D] Flashing signs. [E] Roof signs. [F] Rotating signs. [G] Shimmering signs. [H] Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. DISTRICT REGULATIONS: In addition to the signs allowed by Sections 3A-5 and 3A-9 of this Chapter, the following signs shall be allowed within the specific zoning districts: [A] Within A-O, "R" and PZ Residential zoning districts, the following additional regulations apply: • • • MONTICELLO ZONING ORDINANCE SIGNS 3A-18 1. Except for the uses specified in Section 3A-11 [A].3 of this Chapter, one (1) sign shall be allowed provided that: a. The area of the sign shall not exceed four (4) square feet. b. Freestanding signs shall be limited to a maximum height of six (6) feet. 2. In addition to the sign allowed by Section 3A-11 [A].1 of this Chapter, one (1) residential area identification sign shall be allowed. Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. 3. Government buildings and structures, public, quasi-public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed two (2) institutional identification signs not exceeding seventy-five (75) square feet in area and eight (8) feet in height. [B] Within the CCD, PZ Mixed, commercial and industrial zoning districts, . the following additional regulations shall apply: 1. Total Area of Signs: 'The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building facade fronting not more than two (2) public streets. 2. Freestanding Sign: a. One (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty-two (22) feet. b In the Freeway Corridor Area as defined by this Chapter, the area of a freestanding sign may not exceed two hundred (200) square feet each side with a maximum height of thirty two (32) feet. bc. If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Subd. [B] 1. above, devoted to wall, canopy or marquee signs shall be granted. • MONTICELLO ZONING ORDINANCE SIGNS 3A-19 cd- For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs maybe permitted. Two (2) pylon signs maybe constructed or, as an alternative, one (1) pylon and one (1) monument sign maybe constructed. When the latter option is chosen, the monument sign shall be no greater than eighteen (18) feet in height nor more than one hundred (100) square feet in area. The pylon sign maybe no greater than fifty (50) feet in height and four hundred (400) square feet in area. 3. Wall, Canopy, or Marquee Signs: a. Wall, canopy and marquee signs shall be consistent with the maximum area requirements of Section 3A-11.B.1 above. b. Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use. 4. In addition to the sign allowed by Section 3A-11 [B].1 of this Chapter, one (1) area identification sign shall be allowed. Such sign shall not exceed one hundred (100) square feet in area and twenty five (25) feet in height. ~h.,ll ~ ,~1<,• ~~ r~~n,tYtlzrL7Yl. r~.r~~cctrnui-~v'*c`p'~rscirc~ouiz~vv'z-`~i DR°our~ , [C~] In a PUD, Planned Unit Development District, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. MONTICELLO ZONING ORDINANCE SIGNS 3A-20 Planning Commission Agenda - 12/2/08 8. Consideration to review for comment a Request for Proposal for the Comx>rehensive Revision of the Monticello Zoning Ordinance. (AS) REFERENCE AND BACKGROUND In May of this year, the Planning Commission and City Council adopted the 2008 Monticello Comprehensive Plan Update, which lays the groundwork for land use policy for Monticello for the next twenty years. While the comprehensive plan presents the framework for land use, it is the Cit:y's codes and ordinances which control actual development. State law stipulates that zoning regulations are a critical tool for implementing the Comprehensive Plan. In fact, outside of the seven-county metropolitan area, zoning regulations control land use. Monticello has enacted a zoning ordinance, which is Title 10 of City Code. 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 zoning regulations are aligned with the Plan." In addition to the need for consistency with the Comprehensive Plan, the Planning Commission and Council have often struggled with the outdated ordinance, and have recommended amendments to make the document a more useful tool for the public. At this time, staff is asking that the City move forward with the process of completing a comprehensive update 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. Staff has prepared the RFP document for Commission's review and comment. Of particular importance within the RFP are the "Considerations" which the consultant will need to address in the ordinance update, and the development of a detailed scope of work and plan for public involvement. Staff is prepared to issue the request immediately, pending Planning Commission's comments on the RFP. ALTERNATIVE ACTIONS 1. Motion to approve proceeding with a Request for Proposal (RFP) for a comprehensive update of the Monticello Zoning Ordinance as proposed. 2. Motion to deny proceeding with the Request for Proposal (RFP) for a comprehensive update of the Monticello Zoning Ordinance. 3. Motion of other. Planning Commission Agenda - 12/2/08 STAFF RECOMMENDATION Staff recommends moving forward with the RFP process at this time. The completion of the Comprehensive Plan, Natural Resource Inventory and Assessment and the nearing completion of the Transportation Plan require that the City update codes to maintain consistency with these documents and with changing land use policy and strategy. Additionally, 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. SUPPORTING DATA Exhibit A: Draft RFP for the Comprehensive Update of the Monticello Zoning Ordinance • • • 2 REQUEST FOR PROPOSAL TO PREPARE A COMPREHENSIVE UPDATE TO THE MONTICELLO, MINNESOTA ZONING ORDINANCE Proposal Due Date/Time December 31, 2008 4:00 P.M. (CST) C7 CITY OF MONTICELLO Community Development Department 505 WALNUT STREET, Suite 1 MONTICELLO, 55362 • MONTICELLO COMMUNITY AND ZONING ORDINANCE CONTEXT Community Background The City of Monticello is afree-standing urban fringe city, situated in a prime location on Interstate 94 between the Minneapolis/St. Paul Metro area and the City of St. Cloud. Similar to many communities on the outer. edges of the Minneapolis/St. Paul area, Monticello experienced rapid residential growth within the last ten years. The residential population is currently estimated at 11,000. The community is also home to a thriving business community and continues to build on its past success of attracting high-quality commercial and industrial enterprises. As afree-standing community, Monticello's residential, commercial and industrial components share equal importance in the City's plan for continued growth. Impetus for Update The City approved an update to its Comprehensive Plan in May of 2008. The update was a response to the rapid growth of the community, the expansion of the City's Planning Area, and a preparation for land use decisions that lay ahead. The 2008 Comprehensive Plan reflects a new approach to the delineation of land uses for the community. Therefore, the adopted Comprehensive Plan states that 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 zoning regulations are aligned with the Plan. Monticello lies outside of the seven-county metropolitan area. As such, Minnesota State Statute dictates that zoning regulations control the use of land. The authority granted under this provision underscores the importance of the zoning ordinance in supporting goals of the Comprehensive Plan. The current Zoning Ordinance, Title 10 of the Monticello City Code, was adopted in 1976. Since that time, the ordinance has been amended with the standard individual language revisions and with occasional amendments for the addition or revision of entire chapters. The lack of a regular comprehensive review of the ordinance has created a large, inconsistent and confusing set of zoning codes. • 2 Public Participation in Land Use Decisions Planning decisions within Monticello are highly participatory. Public hearings on planning and land use decisions are held by the Planning Commission and reviewed for final approval by the City Council. Additionally, an Economic Development Authority, Industrial and Economic Development Committee, Parks Commission and Design Advisory Team contribute to the planning process through various channels and at various points during the process. Conclusion The need for codification of a zoning ordinance which supports the Comprehensive Plan, combined with the factors of recent exponential growth, changing development patterns, emerging zoning techniques, and the outdated nature of the current ordinance have made a comprehensive revision of the ordinance a necessity. ZONING ORDINANCE UPDATE CONSIDERATIONS The Comprehensive Zoning Ordinance Update represents awhole-scale remodeling of the City's primary practical land use tool. As such, the City is seeking a code that responds to and accounts for a number of factors as described below. • The ordinance must be drafted in support of the adopted 2008 Monticello Comprehensive Plan Update. • The ordinance must comply with all current statutory requirements. • The ordinance revision requires the elimination of inconsistencies with planning case law. • The ordinance shall be drafted in a web-based format, or allow for seamless conversion into aweb-based format. • The ordinance revision will re-evaluate current zoning districts in terms of suitability and need, and consider consolidation or addition of districts. • The revision will include an analysis and action/policy statement for non- conformities that will occur as a result of the ordinance update. 3 • The ordinance will be re-organized in a intuitive and logical manner to maximize ease of use for staff and the general public. The revision will eliminate the "cascading' of district uses and keep each substantive zoning concept or district independent and in logical format. • The revision of the ordinance will include form-based elements only as applicable to a given design standard. • The ordinance will incorporate visual elements, diagrams and tables in support of legibility and ease of use. • The ordinance will integrate conservation design, sustainable design and smart growth techniques wherever feasible, recognizing the need for balance and clarity. • The ordinance will anticipate advances in technology and engineering and address the land-use implications of these advances. • The revision will integrate the most recent chapter amendments completed by the City without requiring anew review and update, except to ensure conformity with the new Zoning Ordinance as a whole. • .The ordinance will examine the appropriate districts or standards under which performance- or incentive-based zoning should be incorporated. • The development of ordinance language shall include the presentation of alternative options for policymaker review, as applicable. • The ordinance revision will include cross-references to other City planning documents and tools, including, but not limited to, the Comprehensive Plan, Subdivision Ordinance, City Code, Plan Requirements and Design Guidelines, and Natural Resource Inventory & Assessment. • As afree-standing community, the ordinance will need to balance the interests of the residential, commercial, industrial and public segments of land use. • The revision process will require the involvement of a broad spectrum of stakeholders. Any proposal must include a detailed approach to an inclusive and productive public input process. 4 SCOPE OF WORK The City of Monticello is seeking a progressive yet pragmatic approach to the Comprehensive Zoning Ordinance Update. A final scope of services will be developed in collaboration with the selected Consultant. However, the basic components may be narrowed to the following primary areas. 1. Statute and case law analysis. 2. Development of an ordinance framework. 3. Development of ordinance language. 4. Incorporation of cross-reference markers and construction of web compatibility. 5. Public and policymaker process. STAFF SUPPORT All proposals are to include a detailed summation of staff support required to complete the scope of work as proposed. It is expected that the Consultant will be responsible for the collection of baseline data resources. The City currently employs one full-time planning staff person (Community Development Director) and retains an outside consulting service for both long-range and day-to-day planning matters. Proposals must include any costs for consultation with other consultants, including the City's retained planning consultant. SELECTION/EVALUATION CRITERIA Proposals will be reviewed on a points basis, with a maximum of 100 points to determine ranking of each proposal. 1. Demonstrated Capacity and Experience - a maximum of 15 points Please supply a general information statement that briefly describes the candidate firm or consulting team, including background, size, projects, scope, and nature of services. Please list the names of all consultants who will be assigned to the project and in what capacity. 5 What professional and technical competence do the consultants assigned to the project possess which will enable them to successfully complete the required project? What direct experience do the consultants assigned to the project have working with diverse stakeholders in the development of City plans or initiatives? What relevant past experiences and performance do the consultants assigned to the project have that will enable them to successfully assist the City in the Comprehensive Zoning Ordinance Update process? 2. Project Approach and Organization - a maximum of 45 points Candidate proposals shall include a detailed methodology for accomplishing the Update. • How will services be performed? • Has the proposal addressed each of the considerations included within this RFP? • What do they propose as a scope of services? • How will the public process be structured? • How will communications about the project be handled? 3. Cost-Efficiency - a maximum of 25 points The proposal shall include a detailed cost estimate for completing the project. Hourly costs for additional time should also be provided, along with any extraneous expenses associated with travel, communications services, production, etc. 4. Project Timeline and Consultant Availability - a maximum of 15 points The proposal shall include an evaluation of time allotted to each component of the scope of work and include an estimated time schedule for each component of the project, based on a start date of February 1, 2009 and completion date of February, 2010. Describe the proposed consultant project schedule and the .staffing plan, including the number of on-site visits/meetings. 6 SELECTION PROCESS The Planning Commission will be asked to review all incoming RFP's and pare candidate proposals to three (3) Consultants for presentation and interview based on the Selection/Ranking Criteria. Presentations/interviews are expected to occur in mid- January 2009. The Planning Commission and City Council will hold a joint session for presentation and interview. The City Council will have the final decision on the selected Consultant. The final Consultant selection decision will not be made by Selection/Evaluation Criteria 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 the Proposals are the sole responsibility of the respondent. 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 angela.schumann@ci.monticello.mn.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 December 31, 2008. Late submittals will not be considered. • 7 Planning Commission Agenda - 12/2/08 9. Transportation Plan Update. (AS) • REFERENCE AND BACKGROUND The Transportation Plan is nearing completion. The City Council held a public; workshop on November 19th, 2008 to detail the major components of the plan and its progress. Members of the Commission were in attendance at that event. A full copy of t:he City's presentation is included for the Commission with this item. It is expected that the public hearing for the Transportation Plan will be held at the Commission's January meeting. A full draft of the plan will be available to the Commission on or around December 22na SUPPORTING DATA Exhibit A: November 19, 2008 Transportation Plan Workshop Presentation • • 1