City Council Agenda Packet 11-10-2025 SpecialAGENDA
WORKSHOP – JOINT CITY COUNCIL & PLANNING COMMISSION
Monday, November 10, 2025 – 5:00 p.m.
Mississippi Room, Monticello Community Center
City Councilmembers: Mayor Lloyd Hilgart, Kip Christianson, Charlotte Gabler,
Tracy Hinz, Lee Martie
Commissioners: Chair Andrew Tapper, Vice-Chair Melissa Robeck,
Rick Kothenbeutel, Teri Lehner, Rob Stark
Staff: Rachel Leonard, Angela Schumann, Steve Grittman, Matt Leonard,
Bob Ferguson, Tyler Bevier
1. General Business
A. Call to Order
B. Roll Call
C. Review and discussion on draft amendment to City Code, Title XV, Land Usage,
Chapter 153: Zoning Ordinance to define and regulate data center and
technology campus land uses within the city.
2. Adjournment
Joint City Council/Planning Commission Workshop – 11/10/25
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1C. CONTINUED WORKSHOP: Review and discussion on draft amendment to City Code,
Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data
center and technology campus land uses within the City – UPDATED
CONTEXT
The City has been evaluating land use regulations for data center development in Monticello,
following a series of inquiries for potential data center development in the community.
In reviewing the Monticello 2040 Vision + Plan in response to the inquiries, city staff determined
that the 2040 Plan did not clearly identify how data center uses fit within the City’s plans for
future growth.
As such, City leaders first need to determine whether and how to allow data centers as a
specific land use within the City’s planning documents before any decision on a specific project
or development can be made.
Land use policy as provided in the Monticello 2040 Vision + Plan and regulation language within
city codes must come before any individual project can be considered for development in the
community.
Although two of the data center inquirers submitted conceptual information for data center
development at two different locations in the community, the City cannot evaluate any formal
application for land use development for data centers until clear land use policy and regulations
are put into place.
Throughout 2025, the Planning Commission and City Council held a series of public meetings
and workshops to discuss how these unique land uses may be considered for development in
Monticello.
The purpose of the workshop series has been to allow the Planning Commission and City
Council to continue to discuss land use regulations for data center uses.
Following the workshops held in October and November, the text of the draft ordinance has
been revised. The revised draft incorporates feedback received from the public, the Planning
Commission and City Council on the ordinance itself.
The purpose of the November 10, 2025, joint City Council and Planning Commission workshop
is to review the revised draft and gather additional feedback prior to preparation of a formal
ordinance document for review at a new public hearing.
The Planning Commission has called for a public hearing on the proposed ordinance for
December 2, 2025.
Joint City Council/Planning Commission Workshop – 11/10/25
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LAND USE PLANNING & AUTHORITY
Land use planning is an authority granted to local governments by the State and is one of the
City’s primary responsibilities. Specifically, Minnesota Statute 462 governs municipal planning
and zoning. Land use regulation is intended to allow local governments to provide for public
health, safety, and general welfare.
In Minnesota, the foundation of land use planning is a Comprehensive Plan. The City’s adopted
Comprehensive Plan is the Monticello 2040 Vision + Plan.
The 2040 Plan is the city’s blueprint for growth and is the foundation upon which development
and land use decisions are based. It is the official adopted policy regarding the future location,
character, and quality of physical development, and the conservation and enjoyment of the
natural environment.
The 2040 Plan is used by the City Council, Planning Commission, other boards and Commissions,
and City staff to inform and guide policy decisions regarding land use, development and
infrastructure improvements within the City. Developers, real estate professionals and property
owners also use the Plan as an informative document to understand the City’s vision and
policies regarding land use and development.
Following evaluation and a public hearing, the City adopted amendments to the Monticello
2040 Vision + Plan in early 2025 identifying the land use designation appropriate to data center
uses and outlining land use goals and priorities for data center development.
Through the comprehensive plan amendment process, the City determined that Data Center
development has unique characteristics and considerations for site selection, including the
following:
1. Data Centers, particularly “hyper-scale” facilities, often consume vast amounts of land.
2. Monticello’s growth area land supply is potentially large but is controlled by the Orderly
Annexation agreement with the Township, which includes a tiered level of development
before expansion is allowed.
3. Monticello’s supply of industrial land is limited by service considerations, including high-
capacity road access, sanitary sewer and water capacity, and land use compatibility.
4. Data Centers can create significant demands on municipal utilities, but this aspect is also
highly variable, as the nature of individual facilities can vary greatly.
5. Data Centers have the potential for off-site impacts to neighboring land uses which can
also vary greatly from end user to end user.
6. Data Centers have highly individualized internal design requirements that are not easily
accounted for in most common land use regulatory environments.
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7. The City’s primary goals for industrial development include both employment and tax
base. Data Centers can meet the tax base goal. However, they are typically more limited
with regard to employment – especially employment density.
8. Data Centers remain a relatively new land use in many communities, and studied
impacts remain to be fully comprehended.
At the time of the adoption of the 2040 Plan amendments, it was recognized that the City would
need to develop a regulatory framework within the zoning ordinance to address the unique
development characteristics of data centers.
While the comprehensive plan provides broad guidance for land use policy, it is the zoning
ordinance and other City codes that are the regulatory tools used to implement the land use
policy.
ZONING ORDINANCE REGULATION
The comprehensive plan considerations noted above provide the groundwork for zoning
regulations to accomplish the following objectives:
1. Accommodate Data Center development as a unique land use in Monticello.
2. Ensure the unique demands placed on the City’s services are adequately funded by the
users that generate those demands.
3. Acknowledge that while Data Centers may not create large numbers of employment, the
jobs created are often unique and highly skilled, and consistent with the City’s economic
development goals.
4. Ensure the ongoing tax base generation that Data Center development represents, again
consistent with the City’s economic development goals.
5. Create a process that is customized to the specific impacts and needs of this particular
land use, irrespective of other typical zoning approaches.
6. Confirm that applications for such development provide adequate amounts and types of
information to make land use and other decisions and development plans, including
public infrastructure investment.
7. Verify that when providing municipal services to data center development, the City
retains the ability to provide such services to both existing users and reasonably
anticipated new growth.
8. Establish a process that provides for decision on land use entitlements, while protecting
and advancing the interests of the City, and also respecting the needs of the developers
and end users.
Data centers are highly individualized development, each with their own design, construction
and systems. Any ordinance developed must set the minimum expectation for all data centers
to meet while recognizing that variability exists.
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The City’s role is to provide clear regulations in support of the City’s policy goals and then
evaluate the information provided by a land use applicant against those policies and ordinances.
To successfully achieve this, the ordinance must require all information needed to adequately
address the City’s goals. It is specifically the developer/applicant’s responsibility to provide
information on their specific project and impact as part of any land use application process.
DISCUSSION CONSIDERATIONS
As the Planning Commission and City Council review the revised draft of the proposed Data
Center Planned Unit Development Ordinance, the following are points of consideration.
• City has broad latitude for decision making because the required process would be a
rezoning decision, but it’s reliant on using approval criteria in the findings.
o Are the criteria strong and inclusive enough?
• Does the ordinance require enough submittal information at the appropriate points in
the review process to:
o Provide the information necessary to evaluate against the criteria?
o Allow the City to evaluate impact and mitigation?
• Are there any additional comments on the specific minimum performance standards?
• Have we indicated/required enough specificity in the required studies for public
improvements?
• Do we need any additional language to indicate right to add additional reasonable,
related conditions?
• Does the text of the ordinance adequately put the burden of proof on the applicant?
• Does the ordinance require adequate information for you to make a future land use
decision about data center development in Monticello?
SUPPORTING DATA
A. Data Center Planned Unit Development, Proposed Ordinance Text – Revised 11/6/2025
B. Data Center Planned Unit Development, Redlined Proposed Ordinance Text - Revised
11/6/2025
C. Data Center Planned Unit Development, Proposed Ordinance Text – August/September
Public Hearing Draft
D. City Land Use Process Timeline with Agenda/Minute Links
E. Setback, Height and Floor Area Ratio Examples
F. MPCA Guide to Noise Control
G. DCPUD Review Process Graphic
H. Monticello 2040 Vision + Plan, Excerpts
I. Excerpt, MN House of Representatives File No. 16
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DRAFT | DATA CENTER PLANNED UNIT DEVELOPMENT (DCPUD)
REVISED AND POSTED 11/06/2025
Provided below is revised text for a draft ordinance amendment to define and regulate data
center and technology campus land uses within the City.
The draft below is provided for purposes of feedback during the November 10th, 2025 joint
workshop of the Planning Commission and City Council. Additional review by City staff
and the City Attorney will continue until such time as draft text in ordinance form is
prepared for the public hearing review. A public hearing has been called by the Planning
Commission for December 2, 2025.
A draft of redlined text for language which is proposed to be added or deleted from the draft
ordinance presented during public hearing on August 19, 2025 and September 2, 2025 has
also been prepared.
§153.012 Definitions shall hereby be amended to add the following definitions:
Data center, accessory. A use which is incidental and subordinate in both area and extent
to a principal use of property and which serves the principal use for the purpose of storage,
management, processing, and transmission of digital data, which houses computer or
network equipment. Such accessory use shall be physically connected to the principal
use and shall include no mechanical equipment not fully shielded by building walls and
shall not include any external power generation equipment.
Data center: A facility used primarily for the storage, management, processing, and
transmission of digital data, which houses computer or network equipment, systems,
services, appliances, and other associated components related to digital data storage and
operations, together with its accessory and appurtenant facilities, which may also include
offices, air handlers, back-up power generators, water cooling systems and water storage
facilities, utility substations, and other associated infrastructure necessary to support
sustained operations at a data center. The term Data Center sha=ll not include digital data
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computing facilities which are not the principal use of a property in extent or area but which
perform similar functions. The term Data Center shall not include data mining as defined
by this ordinance.
Data center campus: A Data Center that occupies more than one building, but is
otherwise interconnected by power supply, communication systems, power generation or
other operational systems to form a unified Data Center facility. This definition may
include, but shall not be limited to, “Technology Campus”, “Cloud Computing Center”,
“Information Technology Campus”, and similar phrases and terms. May include data
management or storage buildings, offices, and ancillary support buildings and structures
including secure and controlled entrances, and perimeter fencing.
Data center floor area ratio (DCFAR): The floor area ratio for a data center facility shall be
defined as the ratio obtained by dividing the total gross floor area of the principal data
center building(s) by the total gross land area of the proposed Data Center Planned Unit
Development, less the square footage of stormwater ponding or public waters (measured
from ordinary high water level), wetlands (measured from the delineation line), easements
necessary for public improvements, right of way required to be platted for any purpose, and
land area for required setbacks and perimeter buffer yards established per this ordinance.
All measurements shall be to the nearest 1/10th of an acre.
Data mining. A temporary or portable structure used primarily for the storage,
management, processing, and transmission of digital data which houses computer or
network equipment, systems, services, appliances, and other associated components
related to digital data storage and operations. Such facilities are less than 5,000 square
feet individually or when assembled in multiple temporary or portable structures and are
not constructed of customary industrial building materials such as concrete panels,
masonry block, brick or other similar materials. These facilities include no permanent
employment on-site.
§153.045 Industrial Base Zoning Districts shall hereby be amended to add the
following section:
Data Center Planned Unit Development (DCPUD) Zoning District
Purpose. The City Council finds that data center uses are highly variable in size, scope,
impact, and potential issues, and all such variables may have differential impacts on
existing and future land uses, or on the City’s land use plans and regulations. The purpose
of the Data Center Planned Unit Development (DCPUD) Zoning District is to provide for, and
regulate, Data Center development in appropriate locations, specifically within areas that
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are otherwise designated for Light Industrial Park land use in the Monticello
Comprehensive Plan (2040 Vision + Plan), as it may be amended. It is the intent of this
ordinance that all costs of development and infrastructure attributable to data center
development, if approved, shall be borne by the data center developers, owners, and/or
operators, and that approvals, if granted, shall provide for financial guarantees in this
regard as a condition of any such approvals. There shall be no inherent right to rezoning to
DCPUD, nor to any of the approvals necessary to develop a data center in the City.
Definitions.
Data center: A facility used primarily for the storage, management, processing, and
transmission of digital data which houses computer or network equipment,
systems, services, appliances, and other associated components related to digital
data storage and operations, together with its accessory and appurtenant facilities,
which may also include offices, air handlers, back-up power generators, water
cooling systems and water storage facilities, utility substations, and other
associated infrastructure necessary to support sustained operations at a data
center. The term Data Center shall not include digital data computing facilities
which are not the principal use of a property in extent or area but which perform
similar functions. The term Data Center shall not include data mining as defined by
this ordinance.
Data center campus: A Data Center that occupies more than one building, but is
otherwise interconnected power supply, communication systems, power generation
or other operational systems to form a unified Data Center facility. This definition
may include, but shall not be limited to, “Technology Campus”, “Cloud Computing
Center”, “Information Technology Campus”, and similar phrases and terms. May
include data management or storage buildings, offices, and ancillary support
buildings and structures including secure and controlled entrances, and perimeter
fencing.
Data center floor area ratio (DCFAR): The floor area ratio for a data center facility
shall be defined as the ratio obtained by dividing the total gross floor area of the
principal data center building(s) by the total gross land area of the proposed Data
Center Planned Unit Development, less the square footage of stormwater ponding
or public waters (measured from ordinary high water level), wetlands (measured
from the delineation line), easements necessary for public improvements, right of
way required to be platted for any purpose, and land area within required setbacks
and perimeter buffer yards established per this ordinance. All measurements shall
be to the nearest 1/10th of an acre.
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Approval Criteria. No land shall be zoned as DCPUD unless the planned unit development
is found consistent with all of the following factors, or if inconsistent, where the City
Council specifically finds that the design of the facility has mitigated any inconsistent
location factor.
(a) Land is guided as Light Industrial Park in the City’s applicable Comprehensive
Plan.
(b) Land is zoned I-1 (Light Industrial) District in the City’s applicable zoning
ordinance if currently annexed to the City of Monticello.
(c) The DCPUD will be served by City sanitary sewer and water supplies for
specified data center demands and is able to demonstrate to the satisfaction of
the City that the DCPUD will not create shortages in the capacity of the City’s
sanitary and water supplies, or create an inability to provide adequate utility
service in other existing or planned areas of the City, including the Monticello
Orderly Annexation Area.
(d) The DCPUD will provide the financial guarantees for the installation of all
municipal utility, transportation, and any other public infrastructure deemed by
necessary by the City to support the DCPUD and any infrastructure
improvements or mitigation for the expected public infrastructure impact or
capacity increase created or required by the DCPUD, and will identify a timeline
satisfactory to the City for the submission of payments and securities for such
infrastructure.
(e) The DCPUD, if developed in phases, will provide the necessary planning and
financial guarantees to avoid the stranding or incomplete extension of municipal
infrastructure resources to the furthest extent of the PUD. Except where
expressly approved by the City Council, all public rights of way shall be
dedicated and/or extended to limits of the property zoned DCPUD as a part of
first-phase facilitate extension to adjoining property.
(f) The DCPUD will be adequately served with electricity supplies for the specified
data center demands from the local electric power supplier as required by
phase if applicable, and demonstrates power supply capacity to existing
property owners in the City and planned areas of the City, including the
Monticello Orderly Annexation Area.
(g) The DCPUD will provide adequate vehicular and non-vehicular transportation
facilities to serve the project and will adequately extend such facilities to serve
adjoining future development areas.
(h) The DCPUD will not displace other land uses the City deems important for the
stable, long-term growth of the community, including other industrial lands or
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the City’s industrial development goals and the absorption of land area for data
center development is appropriate based on the City’s industrial development
goals.
(i) The DCPUD will provide identified public benefits, including the creation and
maintenance of tax base, and will avoid negative impacts such as those
identified in this section, over the long term.
(j) The DCPUD identifies and demonstrates adequate compliance with the
provisions of this section and State law for exterior impacts perceptible from the
boundaries of the facility, including but not limited to those for noise and lighting
impacts.
(k) The DCPUD will demonstrate compliance with all other applicable sections of
this chapter.
(l) All applicable State Pollution Control Agency, Department of Natural Resources,
Department of Health, and Department of Transportation requirements are met
to the City’s satisfaction.
(m) The DCPUD will not conflict with other elements of the City’s Comprehensive
Plan.
Permitted uses. Uses allowed in the DCPUD are as follows, subject to the procedural and
performance standards of this District, and all generally applicable standards of the
Monticello Zoning Ordinance:
(a) Data Center
(b) Data Center Campus
(c) Accessory buildings and uses as expressly provided for by this section
Accessory uses. The following accessory uses are allowed:
(a) Offices;
(b) Appurtenances, or support facilities such as outdoor generators, mechanical or
electrical equipment including substations and transmission structures, or similar
elements;
(c) Off-Street Parking, subject to the requirements of the Monticello Zoning Ordinance
Section §153.067 per Parking Schedule #2;
(d) Signs, Fencing, and Off-Street Loading and Grading, Drainage Erosion Control and
Stormwater Management and Erosion Control subject to the provisions of this
chapter, except as otherwise prohibited or regulated by this section;
(e) Roof-mounted solar-energy systems of green-roof installations;
(f) EV charging stations;
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(g) Any other use that is subordinate to and serving the principal use and customarily
incidental to the principal use. Such use must be depicted in DCPUD Development
and Final Stage plans and be specifically authorized by the adopted DCPUD
ordinance.
Prohibited uses. The following uses are specifically prohibited in the DCPUD:
(a) The use of cargo containers, railroad cars, semi-trailer containers, and other
similar storage containers, or any building that does not meet the building
standards of this section;
(b) Commercial wind energy systems;
(c) Commercial telecommunication towers as defined by this chapter;
(d) Ground-mounted solar energy systems;
(e) Outdoor storage as defined by the chapter;
(f) Data mining as defined by this ordinance.
Environmental Review. If an EAW, EIS or AUAR is applicable for the proposed DCPUD
project under State or law, such review must be completed prior to application. Individual
components of a DCPUD development which may require separate environmental review
may be completed after application. Such review is subject to the applicable provisions of
this chapter.
District performance standards. Any application for amendment to the zoning map to
rezone land to DCPUD under this Section shall be considered incomplete if it does not
address each of the performance standards in such a way as to provide the City with
sufficient information to properly evaluate each element in this Section. Any deviation
from these standards requires approval of a variance, which shall be reviewed in
accordance with §153.028.
(a) Any application for DCPUD shall be accompanied by a proposed Preliminary Plat
subject to the application and procedural requirements of Chapter §152:
Subdivisions and shall only be developed on land subject to said Plat.
(b) The minimum data center floor area ratio (DCFAR) for the DCPUD and any individual
phase of the DCPUD shall be .25. At no time shall any individual developed phase
of the of the DCPUD be constructed at an FAR of less than 25%.
(c) The minimum setback for all principal, accessory and appurtenant structures shall
be as follows.
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Table X-X
Structure Setback from Property Line
Parcels
used for
principal
agricultural
uses only
Parcels
used,
guided or
zoned for
residential
or mixed-
uses
Delineated
wetland,
public
parkland, or
public
recreational
property
Parcels
guided or
zoned
commercial
Parcels
guided or
zoned
industrial
Principal building
structure(s) when any
equipment (including
generators) is fully
screened by principal
building(s) or located
within a principal
building(s), or is located
to the interior of the
principal structure(s) and
ground mounted
100’ 200’ 200’ 100’ 100’
Principal building
structure(s) when
mechanical equipment
(including generators) is
oriented to any exterior
portion of the structure(s)
and/or non-ground
mounted
200’ 300’ 300’ 200’ 200’
Off-Street Parking 100’ 150’ 150’ 50’ 50’
Off-Street Loading
Facilities
100’ 150’ 150’ 100’ 100’
Fences or Walls May be placed at any location between the property line and
principal structure(s), except such fences or walls may not be
located within a drainage and utility easement or designated wetland
buffer area, and perimeter buffer landscaping materials must be
planted on the exterior of the fence or wall.
Other Accessory or
Appurtenant Structures
(exceptions: lighting)
100’ 300’ 300’ 100’ 100’
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(d) The maximum height for principal and accessory structures shall be 50’.
i. Appurtenant structures may exceed the height of the principal or accessory
structure by a maximum of 15’. Private communication antenna within the
DCPUD may exceed this height up to a maximum of 100’ as specifically
identified and approved in the Final Stage PUD. Substation equipment within
the DCPUD are exempt from this height requirement.
(e) Principal building exterior finishes shall consist of materials compatible in grade
and quality to the following:
i. Decorative rock face block;
ii. Glass;
iii. Cast in place concrete or pre-cast concrete panels;
iv. Brick
(f) Accessory building exterior finishes shall consist of materials compatible in grade
and quality to the following:
i. Decorative rock face block;
ii. Glass;
iii. Cast in place concrete or pre-cast concrete panels;
iv. Brick;
v. Exterior insulated finish systems;
(g) Noise emanating from the facility, or from any appurtenant or accessory use or
element of the facility, shall be in compliance with and regulated by the State of
Minnesota pollution control standards and rules. Mitigation strategies are required
to be implemented to provide assurance of conformity with these regulations.
i. Monitoring equipment must be installed and maintained over the operational
life of the DCPUD. Monitoring stations must be placed at each DCPUD
boundary property corner and every 1000’ along the DCPUD property line
when abutting residential property.
ii. Monthly inspection of monitoring stations for operational sufficiency and
monthly noise monitoring reports meeting State of Minnesota pollution
control guidelines for measurement must be provided by a third-party
monitoring and inspection service over the operational life of the DCPUD.
The monitoring service shall prepare a monthly report to the City of
Monticello on the facility’s noise performance.
(h) Back-up power generators may only be used for back-up power generation for uses
within the DCPUD.
i. Testing of generators may only occur between the hours of 8 AM and 4 PM,
Monday through Friday. A testing schedule must be filed annually with the
City.
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(i) All lighting fixtures and illumination levels must meet the requirements of §153.063
LIghting, except that illumination must be 0.0 footcandles at the property line
abutting properties used, zoned or guided for residential, civic or institutional,
recreational, or parkland uses. No external light source shall be located closer than
50’ from any property line of a parcel used, zoned or guided for residential, parkland
or recreational uses.
(j) Any outdoor facilities or equipment such as back-up generators, parking and private
circulation areas, other mechanical equipment, security or chain link fencing, or
any other similar outdoor facilities shall be fully screened to 100% opacity when
viewed at comparable grade from abutting property used, zoned, or guided for
residential or recreational uses, and from the public right of way.
i. Landscaping materials used for screening may be counted toward the
minimum site landscaping requirements of this chapter.
ii. Landscaping utilized for screening must be designed by a qualified
landscape architect to meet the opacity requirements within 3 years of
planting.
iii. Screening may be accomplished through individual or combination use of
fencing or walls meeting the materials requirements of this section,
landscaping, and/or berming.
iv. Landscaping materials and berming used for screening may be located
within the required structure setback; fences and walls are subject to the
structure setback above.
v. Buildings or building wing walls meeting the materials and setback
requirements of this section may also be used for screening when directly
abutting existing industrial uses of property guided or zoned for industrial
uses.
vi. Walls used for screening purposes must install the required perimeter buffer
landscaping materials on the exterior side of the wall.
vii. Chain link fence with slats shall not be used for screening purposes.
(k) All trash enclosures and storage must be located within a structures and identified
on DCPUD plans.
(l) Rooftop mechanical equipment shall be fully screened when viewed from the
adjoining property lines via screening walls or parapets which match the building
materials of the building on which they are located.
(a) Site landscaping shall meet the required minimum site landscaping standards of
this chapter, with the additional requirements or exceptions follows:
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i. The DCPUD shall provide for established sodding in all ground cover areas
not otherwise used for tree or shrub plantings except as exempted for
approved native plantings;
ii. The DCPUD shall provide irrigation systems for all landscaped areas except
as exempted for approved native plantings;
iii. The DCPUD shall not be required to install island delineation landscaping as
required by this Chapter.
(m) A perimeter buffer shall be installed around the entire perimeter of the DCPUD and
maintained for the duration of DCPUD facility operation per the requirements of this
chapter, subject to the following additional requirements or exceptions:
i. Installation of such buffer shall be required regardless of any intervening or
abutting roadway or public right of way;
ii. Such buffer must include a 25% minimum evergreen species requirement, to
be spaced throughout the buffer.
iii. The required landscaping buffer shall be installed and completed with the
first phase of development.
iv. The perimeter buffer landscaping material may be located within the
applicable structure setback.
v. The perimeter buffer shall not be required where the DCPUD property
boundary directly abuts a property used, guided or zoned for industrial uses.
(n) Fencing or walls shall be constructed of maintenance free vinyl fencing or brick,
stone, masonry or decorative stamped and colored concrete which mimic brick,
stone or masonry.
(o) Chain link fencing may be used for security purposes and shall be black or black
coated vinyl and shall not include slats. Linear barbed wire is permitted on the top
of such fenceline. In such case, screening to 100% opacity must be placed between
the security fence and property line.
(p) The facility shall provide parking for employees or service personnel at a rate per
§153.067, Parking Schedule #2.
(q) Substations within the DCPUD shall be subject to the following:
iv. Must be located within the DCPUD;
v. Must comply with the accessory setbacks as established herein ;
vi. Must comply with the lighting standards established herein;
vii. Must comply with the perimeter buffer requirements for landscaping
materials per §153.060;
viii. Electrical transmission lines extended to the substation are not subject to
§153.065 Underground Utilities;
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ix. Substation equipment is not subject to the height requirements of this
section or this chapter;
x. The number of substations serving a data center or data center campus are
limited to those necessary for operating the data center or data center
campus exclusively.
(r) In addition to the standards of this section, all other provisions of the City’s
ordinance, including zoning and subdivision regulations, shall apply to the facility,
unless otherwise exempted. With regard to specific zoning district standards, the
requirements of the DCPUD zoning district shall apply. Except for regulations of
applicable zoning overlay districts, where the terms of this section vary from the
zoning and subdivision regulations, the requirements of this section shall apply.
DCPUD Initiation of Proceedings. Requests for DCPUD concept stage, development stage
permit, rezoning to DCPUD, and DCPUD final stage permit shall be initiated by application
of the property owner or other person having authority to file an application pursuant to
§ 153.027(B), Authority to File Applications.
DCPUD Application.
(a) Applications for rezoning to DCPUD shall be subject to this section and shall not be
subject to the Specific Review Procedures and Requirements of this chapter for
rezoning to Planned Unit Development.
(b) Submission of a DCPUD Concept Stage Submittal shall be in accordance with this
Section and are not subject to the Specific Review Procedures and Requirements of
this Chapter for Planned Unit Development.
(c) Applications for DCPUD Development Stage Permit and DCPUD Final Stage Permit
shall be in accordance with this section and are not subject to the Specific Review
Procedures and Requirements of this chapter for Planned Unit Development. The
application for DCPUD Development Stage Permit and DCPUD Final Stage Permit
shall not run concurrently.
(d) Applications for Preliminary and Final Plat as required by this section shall be
submitted in accordance with § 152: Subdivisions.
(e) Rezoning to DCPUD does not revoke, rescind or otherwise render as not applicable
the requirements of this ordinance for any applicable overlay district effective at the
time of annexation and as required by State law.
(f) All other requirements or provisions not specifically provided for by this section or
otherwise exempted shall be as per City Code.
DCPUD Concept Stage Submittal
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Prior to submitting applications for development stage PUD, preliminary plat, and rezoning
for the proposed DCPUD, the applicant is encouraged, at its option, to prepare an informal
concept and present it to the Planning Commission and City Council at a concurrent
workshop, as scheduled by the Community Development Department. The purpose of the
concept stage submittal is to:
(a) Provide preliminary feedback on the concept in collaboration between the
applicant, City staff, Planning Commission, and City Council;
(b) Provide a forum for public information on the DCPUD prior to a requirement for
extensive engineering and other plans;
(c) Provide a forum to identify potential issues and benefits of the proposal which
can be addressed at succeeding stages of PUD design and review.
DCPUD Concept Stage Submittal Requirements
Proposals for a DCPUD Concept Stage Submittal shall include at least the information
below to be considered complete (except as exempted by the Community Development
Department based on a written request submitted by the proposer).
(a) A listing of contact information including name(s), address(es), email(s) and
phone number(s) of: the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates;
(b) A listing of the following site data: Address, current land use guidance, current
zoning, parcel size in gross acres and square feet, and current legal
description(s);
(c) A narrative explaining the applicant's proposed objectives for the DCPUD, and
public values that the concept submitter believes may be achieved by the
project;
(d) A narrative description of proposed DCPUD use, including anticipated or
known accessory or appurtenant uses;
(e) A narrative description of the public infrastructure requirements of the DCPUD
ss known;
(f) Conceptual information on proposed power transmission routing within the
city and to the boundary of the DCPUD, if known;
(g) Calculation of the proposed DCPUD FAR;
(h) Outline a conceptual development schedule indicating the approximate date
when construction of the project, or stages of the same, can be expected to
begin and be completed (including the proposed phasing of construction of
public improvements and recreational and common space areas);
(i) A concept PUD proposal illustrating:
1C (12)
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i. Proposed DCPUD boundary;
ii. Layout of proposed lots and proposed uses. Denote outlots planned for
public dedication and/or open space (schools, parks, etc.);
iii. General location of wetlands and/or watercourses over the property and
within 200 feet of the perimeter of the subdivision parcel
iv. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel;
v. Proposed sidewalks and trails;
vi. Proposed location of any electrical substation(s);
vii. General location of wooded areas or significant features (environmental,
historical, cultural) of the parcel;
viii. Location of utility systems and connection points that will serve the
property including the proposing routing to demonstrate service to the
furthest extent or boundary of the DCPUD;
ix. Location of access points to public right of way.
DCPUD Concept Stage Submission Review.
Upon receiving a PUD concept plan proposal, the Community Development Department
shall:
(a) Schedule a joint workshop of the Planning Commission and City Council and
shall provide notice of the meeting to all property owners within 350 feet of the
property boundary of the proposal. During the joint workshop, the Planning
Commission and City Council may make comment on the merit, needed
changes, and suggested conditions which may assist the proposer in future
application for proposed rezoning and PUD development plan.
(b) The Planning Commission and City Council will also take comment from the
public as part of the joint workshop. The comment is explicitly not a public
hearing on the concept and the public comments are intended to represent
preliminary feedback related to the DCPUD concept information.
(c) The Council and Planning Commission shall make no formal decision as part of
the consideration The City Council and Planning Commission’s comments are
explicitly not an approval or decision on the project, and are intended to
represent preliminary feedback on the DCPUD concept information and its
relationship to the comprehensive plan and this DCPUD ordinance.
DCPUD Development Stage Permit, Preliminary Plat and Rezoning Application Submittal
Requirements.
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Proposals for a DCPUD Development Stage Permit and Rezoning to DCPUD shall include at
least the information below to be considered complete (except as exempted by the
Community Development Department based on a written request submitted by the
proposer).
(a) Project narrative, including:
i. Existing zoning district(s) and comprehensive plan land use designation of
subject DCPUD property area and all adjacent lands within 350’ of the
subject DCPUD property boundary;
ii. Statement explaining the applicant's proposed objectives for the DCPUD,
and public values that will be achieved by the project including general
projections for tax base, building valuation, employment creation or other
community benefit;
iii. Statement of how the project will meet each of the Approval Criteria and
District Performance Standards as required by this section;
iv. A narrative description of proposed DCPUD uses and operations, including
anticipated or known accessory or appurtenant uses, such description
shall include any information on X?;
v. Proposed phasing of full DCPUD site development, including number of
phases, development timeline for each phase and for the full DCPUD,
vi. Calculation table detailing the gross area calculation of the full DCUD, the
area calculation of each exception to the DCFAR, and resulting FAR for
each phase of the DCPUD and full DCPUD;
vii. Maximum building height for any proposed principal structure on site;
maximum height of any additional appurtenant or accessory structure on
site;
viii. Description of proposed building materials for all principal and accessory
buildings meeting the requirements of this ordinance;
ix. Estimated square footage calculation of full usable/buildable area within
the DCPUD;
x. Maximum building coverage within the DCPUD site improvement boundary;
xi. Estimated building square footage within the DCPUD site improvement
boundary by phase;
(b) Total maximum impervious surface coverage within the DCPUD.Proof of title in a
form approved by the City Attorney;
(c) Legal description of the property for which the DCPUD is requested;
(d) All information required for Preliminary Plat as provided in § 152.040, including
dedication ;
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(e) Certificate of survey for the full DCPUD property boundary signed by a registered
land surveyor and current within three months of plat application to include legal
description, all public utilities including pipe size, material type, depths, location,
and detail of private utilities or easements, any other easements of record;
(f) DCPUD site improvement plan(s), including:
i. Citation of the proposed name of the project, contact information for the
developer and individual preparing the plan, signature of the surveyor and
civil engineer certifying the document, date of plan preparation or
revision, and a graphic scale and true north arrow;
ii. Minimum setback requirements as required by this section;
iii. Layout of proposed lots with future lot and block numbers;
iv. Area calculations for each parcel within the DCPUD property boundary;
v. Outlots planned for public dedication and/or open space;
vi. Easements and rights-of-way within or adjacent to the subject DCPUD
property boundary, including detail on ingress and egress from the
subject site to abutting or adjacent public right of way;
vii. Location of all electrical substation and transmission equipment located
within the DCPUD, including area in acreage and applicable setback for
substation and general height information;
viii. Location, width, and names of existing and proposed streets and rights of
way within and immediately adjacent to the subject DCPUD property
boundary and all connection points to public right of way;
ix. Proposed sidewalks and trail connection points to public rights of way
and any planned public sidewalk and pathways;
x. Area calculations for gross land area, wetland areas, wetland buffers,
right-of-way dedications, conservation areas, and proposed public parks;
(g) Graphic depiction of site development phasing plan by acreage over the full DCPUD
property, including proposed public utility easement corridors and/or rights of way;
(h) Delineation and functional assessment of wetlands and/or watercourses over the
DCPUD property and within 200 feet of the perimeter of the subdivision parcel dated
within the last six months;
(i) Delineation of the ordinary high water levels of all water bodies;
(j) Conceptual grading , drainage and erosion control plan prepared by a registered
professional engineer providing for stormwater management planning based on the
maximum impervious surface area of the site. Contours must extend a minimum of
200 feet beyond the boundary of the parcel(s) in question;
(k) If an environmental review was required for the DCPUD development proposal, the
final approved mitigation plan shall be provided with a detailed narrative on how the
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proposed DCPUD Development Stage submissions address components of the
mitigation plan and timeline for implementation or completion of each mitigation
plan requirement, including detail on the financial participation of the applicant;
(l) Noise study meeting MPCA measurement standards detailing existing ambient
noise levels measured at 1000’ foot interval points of the DCPUD boundary and
current within 6 months of the date of application.
(m) Traffic study which shall include adjacent local roadways where access is provided
and nearest collector roadways, as well as the collector roadways intersections
with the nearest arterial roadway, evaluating:
i. Average Daily Traffic and Peak Hour traffic volumes for passenger vehicles
during normal operations;
ii. Average Daily Traffic and Peak Hour traffic volumes and routes for
construction traffic during each phase of site development;
iii. Project volume, routes and frequency for commercial vehicles supporting
routine operations;
iv. Proposed location of right of way and pathway connections, including
sidewalks and trails, through or along the site perimeter to ensure system
connectivity to the furthest extent of the DCPUD boundary;
v. Any insufficient street or intersection design pursuant to project
construction, projected by phase;
vi. Proposed improvements to mitigate insufficient design, including an
analysis of the projected cost of any public infrastructure necessary to
adequately serve the project as identified above by phase;
vii. Sufficient information regarding the applicant’s financial capacity to
support the required improvements and system upgrades.
(n) A study that identifies both City and private utility supply and demand on the
relevant system. Such study shall evaluate demand by proposed phase and
timeline for construction and include water, wastewater, and stormwater system
information, and shall demonstrate to the satisfaction of the City that the proposed
facility can both (1) be adequately served by the existing or planned capacity of the
utility, and (2) will not impede access or limit service capacity to those utilities by
other future users in the City’s planning and service territory; (3) is designed to
provide adequate service to the furthest extent of the DCPUD, and (4) that the
applicant has provided sufficient information regarding the financial capacity to
support the required improvements or system upgrades. Such study shall include:
i. Provide a specific utility phasing plan which demonstrates alignment with
the proposed development phasing and timing;
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ii. Provide preliminary plans for extension of all public facilities, including
utilities, roadways, pedestrian facilities, and other such public
infrastructure to the furthest extent of the DCPPUD boundary as
determined by the City Engineer and approved by City Council;
iii. Include an analysis of impacts to surrounding private utility systems and
mitigation required;
iv. Identify deficiencies in the public system pursuant to the project and
provide a mitigation plan for identified deficiencies;
v. Updates or additional system plans or studies for public utilities
reflecting the impact of increased demands and infrastructure required
by the DCPUD; to be prepared to the specification of the City Engineer.
vi. Include an analysis of the projected cost of any public infrastructure
necessary to adequately serve the project as identified above by phase,
and to ensure that the infrastructure required by this section is
adequately accounted for;
vii. Sufficient information regarding the applicant’s financial capacity to
support the required system studies, public improvements and system
upgrades;
viii. For capacity and demand greater than that anticipated for light industrial
uses, a companion review study to verify above shall be provided;
ix. The applicant may request that the City complete such utility studies, at
the applicant’s cost.
(o) Landscaping and perimeter buffer plan illustrating:
i. Location and proposed elements (walls, berming, landscaping) for site
screening as required by this section.
ii. Location and proposed elements (walls, landscaping) for perimeter
buffer as required by this chapter.
(p) Listing of all required federal and state permitting and current status of permitting.
(q) A fiscal summary statement for purposes of preparing the Site Improvement Plan
Agreement, including:
i. An analysis of the projected cost of any public infrastructure necessary to
adequately serve the project as identified above by phase;
ii. Statement identifying the applicant’s proposed contribution to provide
such public service demand.
(r) Statement, study, or permit provided by the electric utility provider which
demonstrates adequate capacity for the DCPUD, provides a summary of the
proposed routing plan and required electrical infrastructure improvements, and
which details any expected impact to local or regional power supply;
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(s) Statement of telecommunication provider(s) information detailing sufficient system
improvements as to avoid any local service interruption during normal operations;
(t) Any other information as directed by the Community Development Department
required to evaluate the specific DCPUD proposal.
DCPUD Development Stage Permit and DCPUD Rezoning Review.
(a) The application for rezoning to DCPUD shall be reviewed in accordance with
§ 153.028(B), Zoning Ordinance Text and Zoning Map Amendments.
(b) The application for Preliminary Plat shall be reviewed in accordance with City Code
152.026, Preliminary Plat Procedure.
(c) As part of the review process for the DCPUD applications, the Community
Development Department shall generate an analysis of the proposal against the
Approval Criteria of this section to formulate a recommendation regarding the
rezoning to the Planning Commission and City Council.
(d) As part of the review process for the DCPUD Development Stage Permit, a Site
Improvement Plan Agreement (SIPA) shall be prepared by the City following the
application submittal, which details and controls the terms and conditions of the
approval given by the Council, including but not limited to the development phasing,
required public improvements, minimum performance standards, and the fiscal
requirements, guarantees, and securities necessary for the construction of all
required public improvements. . Such draft agreement shall be included for the
City Council’s review of the Development Stage Permit. The SIPA shall include a
requirement that until the time of approval of a final stage permit and the applicant
has met each of the conditions of approval required by the City Council, in addition
to other requirements including publication, the rezoning ordinance for DCPUD will
not be effective and no development may occur within the DCPUD.
(e) The Planning Commission shall hold a public hearing on the DCPUD applications
and consider the applications’ consistency with the intent and purpose of the
DCPUD and comprehensive plan goals. The hearing for rezoning and Preliminary
Plat may run concurrently with the hearing for the DCPUD Development Stage
permit. The Planning Commission shall make recommendations to the City Council
on the merit, needed changes, and suggested conditions of the proposed rezoning,
Preliminary Plat and DCPUD development plan. The Community Development
Department may forward an application to the City Council without a
recommendation from the Planning Commission only if it is deemed necessary to
ensure compliance with state mandated deadlines for application review.
(f) Development Stage DCPUD approval shall occur by adoption of a rezoning
ordinance for the subject property specifying the uses, standards, and other
1C (18)
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requirements of said DCPUD zoning district. Such ordinance shall include an
effective date clause which delays the effective date of the ordinance until the time
of approval of a final stage permit and the applicant has met each of the conditions
of approval required by the City Council, in addition to other requirements including
publication. No permits for development within the PUD may be issued until the
ordinance takes effect. If the final stage DCPUD is not approved by the City Council,
or the applicant fails to meet the conditions as described, the ordinance shall not
take effect, will not be published, and the subject property shall retain its previous
zoning designation.
(g) The City Council may hold a public hearing on the request for DCPUD on the request
for DCPUD Development Stage Permit, preliminary plat, and DC PUD rezoning if
they deem such necessary.
(h) After consideration of the Planning Commission recommendation and/or hearing, if
applicable, the City Council may approve the Development Stage DCPUD permit or
any part thereof in such form as it deems advisable. The City Council’s decision will
include the required conditions of the proposed rezoning, preliminary plat and
DCPUD development stage permit. Approval of the amendment to rezone to
DCPUD shall require the approval of the majority of all the members of the City
Council, except as may be exempted by state statute.
(i) After consideration of the Planning Commission recommendation and/or hearing, if
applicable, the City Council may, in its sole discretion, deny the Development Stage
DCPUD permit, the DCPUD Preliminary and/or Final Plat, or any part thereof. Such
denial shall be based on findings of fact that specify the conditions where the
application fails to meet the required terms of the DCPUD zoning process,
standards, or other requirements therein. The City shall be under no obligation to
approve any DCPUD rezoning, plat, or permit, and no DCPUD applicant shall have
any expectation or right of approval of any such rezoning, plat, or permit.
Final Stage Permit Application and Final Plat Submittal Requirements.
An application for final stage permit and final plat that conforms with the approved
development stage permit and preliminary plat and associated PUD rezoning ordinance
shall be submitted no later than 60 days following the date of the development stage
permit approval for review. One extension to this timeline may be granted by the City
Council for such submittal for a maximum of an additional six months, and the applicant
shall request waivers for any statutory time limits as necessary. The applicant shall submit
such extension request no later than 14 days prior to the deadline for the application
submission. Applications which fail to meet this deadline shall be deemed void and shall
1C (19)
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require review and re-application according to the development stage process of this
chapter.
Proposals for a DCPUD Final Stage Submittal shall include at least the information below
to be considered complete (except as exempted by the Community Development
Department based on a written request submitted by the proposer).
(a) All revised DCPUD Development Stage Application submittal requirements as
identified above shall be updated and resubmitted with the Final Stage DCPUD
Permit application to incorporate all changes required by the DCPUD Development
Stage permit approval and Preliminary Plat;
(b) Transportation and utility extension and connection plans meeting the requirements
of the City Engineer;
(c) All information required for Final Plat as provided in § 152.041;
(d) Up-to-date title evidence dated within the last 3 months for the subject property in a
form acceptable to the City shall be provided as part of the application for the
DCPUD Final Plat;
(e) Developer shall provide warranty deeds for property being dedicated to the city for
all parks, outlots, etc., free from all liens and encumbrances except as otherwise
waived by the City Council;
(f) Developer shall provide all easement dedication documents for easements not
shown on the Final Plat including those for public and private utilities, trails,
ingress/egress, etc., together with all necessary consents to the easement by
existing encumbrancers of the property;
(g) Private covenant documents or easements necessary to implement and maintain
the DCPUD as approved by the city;
(h) The applicant shall execute the final Site Improvement Plan Agreement which
references all terms and conditions of the DCPUD, including but not limited to site
improvement plans and performance standards, required phasing, required public
improvements, completion dates for improvements and related fiscal
requirements, guarantees and securities, the required letters of credit, all required
development fees and securities, escrows, and warranties, and their timing of
submission and any other information deemed necessary by the city;
PUD Final Stage and Final Plat review.
(a) The application for Final Plat shall be reviewed in accordance with City Code
§152.027, Final Plat Procedure.
(b) The application for PUD Final Stage DCPUD Permit and Final Plat shall be
considered by the City Council at a public meeting, following a review and report by
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the Community Development Department. Approval of the PUD Final Stage and
Final Plat shall be by simple majority vote of all members of the City Council, except
where State law may specifically require a super majority.
(c) The City shall, upon approval of the DCPUD Final Stage permit and satisfaction of all
conditions of DCPUD approval, publish the DCPUD ordinance. Such ordinance shall
create a zoning district that is specific to the property for which the PUD was
applied, and shall be designated in such a way as to be able to mark the official
zoning map to identify the DCPUD ordinance. The DCPUD ordinance shall also
designate that such property is thereby rezoned to the DCPUD district as adopted.
Such ordinance shall include an effective date clause which may delay the effective
date of the ordinance until such time as the applicant has met each of the
conditions of approval required by the City Council, in addition to other
requirements including publication. No approvals are valid, and no permits may be
issued, until the ordinance takes effect. If the final stage DCPUD is not approved by
the City Council, or the applicant fails to meet the conditions as described, the
ordinance shall not take effect, and the subject property shall retain its previous
zoning designation.
Site Improvement Plan Agreement.
(a) An approved DCPUD, shall be governed by the approved Site Improvement
Agreement and shall be binding on all successors, heirs, and assigns;
(b) The agreement shall include, at a minimum, reference to the approved DCPUD site
improvement plans and performance standards, adopted ordinance, required
public improvements and completion dates for improvements and related fiscal
requirements, guarantees and securities, the required letters of credit, all required
development fees and payments and/or securities, escrows, and warranties, and
their timing of submission, and any other information deemed necessary by the city;
(c) The agreement shall identify the financial requirements for the installation of all
municipal utility, transportation, and any other infrastructure deemed by the City as
necessary to support the DCPUD and to mitigate the expected infrastructure impact
or capacity increase created or required by the DCPUD, and a timeline satisfactory
to the City for the submission of payments and securities for such infrastructure.
(d) The agreement shall require on-going compliance with approved landscaping and
screening plans for the full extent and operation of the effective DCPUD;
(e) The agreement shall provide for securities necessary to review and verify
compliance with the noise requirements of this section;
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(f) The agreement shall stipulate any extension authorized by the City Council for
timeline of recording of the final plat or timeline for the final platting of outlots within
the plat;
(g) The agreement shall require that the recording of the final plat, rezoning
proceedings, SIPA, and any applicable deeds, common area maintenance
agreements, or other City agreements specific to the subject DCPUD occur prior to
any development, including grading, within the DCPUD boundary.
(h) For any DCPUD which includes subdivision of parcels which have no direct frontage
on a public street, the site improvement agreement shall require common
maintenance and easement agreement.
Site Plan review. Following approval of the DCPUD, development within the DCPUD shall
be subject to the Site Plan review process of this chapter. Site plans shall be consistent
with the approved DCPUD ordinance and all other applicable provisions of this chapter. A
liaison from the Planning Commission and City Council will participate in the Site Plan
review process.
Timeline for performance.
(a) Upon DCPUD approval, the applicant is required to record the Final Plat within 365 days
of the Council’s approval of Final Stage and Final Plat. One extension from this
requirement may be granted by the Council upon request for extension by a person
having authority to file an application. An extension shall be requested in writing and
filed with the city at least 14 days before the voidance of the approved Final Plat and
Final Stage PUD. The request for extension shall specify the desired timeline of
extension and shall state facts showing a good faith attempt was made to meet the final
plat submission requirement. Such request shall be presented to the City Council for a
decision. The City Council may deny or modify the extension timeline at its sole
discretion and there shall be no inherent right to extension.
(b) A building permit for a principal structure within the first phase of development on site
shall be filed within 1 year of the filing of the Final Plat. An extension shall be requested
in writing and filed with the city at least 14 days before the date of one year date, based
on the date of recording of the final plat with the Wright County recorder. The request for
extension shall specify the desired timeline of extension and shall state facts showing a
good faith attempt was made to meet the building permit submission requirement.
Such request shall be presented to the Council for a decision. The City Council may
deny or modify the extension timeline at its sole discretion and there shall be no
inherent right to extension. The City Council may act after the 1 year period to revoke
the DCPUD, revoke the governing Final Stage PUD approval, revoke the SIPA, and rezone
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the land to any other zoning district, following a public hearing to be held by the City
Council.
(c) If there is a lapse of more than 3 years between completion of any individual phase and
proceeding to any subsequent and successive phase of development as approved by
the SIPA, not withstanding on-going construction within an active phase of
development as approved by the SIPA, the City Council may act after the 3 year period
to revoke the DCPUD, revoke the governing Final Stage PUD approval, revoke the SIPA,
and rezone the land to any other zoning district, following a public hearing to be held by
the City Council.
Amendment to DCPUD. Approved PUDs may be amended upon request by those having
authority to submit an application per this section. At such time, the applicant shall make
an application to the city for a DCPUD amendment which shall follow the same process as
defined in this section for Development and Final Stage Permit, which applications shall
not run concurrently. Such amendment shall not:
1. Introduce any other principal use inconsistent with this section. In such case,
the application shall request revocation of the DCPUD for that portion of the
land proposed for the amended principal use(s) and shall be subject to the
application requirements of this chapter, as applicable;
2. Eliminate, diminish, or vary from the minimum performance standards of this
section;
3. Eliminate, diminish, or very from the standards established by the DCPUD
ordinance;
4. Amend any Final Stage site improvement plan element required by the
approved DCPUD;
5. Exceed any maximum or minimum established in the DCPUD Final Stage
narrative;
6. Create non-compliance with any condition attached to the approval of the
DCPUD Final Stage plan;
7. Create non-compliance with any term or condition of the approved Site Plan
Improvement Agreement.
Revocation. If at any time the facility is in violation of the conditions of approval, including
terms of the Site Improvement Plan Agreement, the Data Center Planned Unit
Development approvals may be revoked by the City Council following a public hearing to be
held by the City Council and the ordinance for DCPUD repealed. Such action shall be by
majority vote of all of the members of the City Council
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§153.090 Use Table – Base Zoning Districts, Industrial Uses, shall hereby be amended
as follows:
Insert Data center/Data center campus
Data center/Data center campus shall be Permitted in DCPUD only and shall be prohibited
in all other zoning districts.
Additional Requirements: §153.045
§153.092 Accessory Use Standards, Table 5-4 shall hereby be amended as follows:
Insert Data center, accessory.
Data center, accessory shall be Conditionally permitted in I-1 and I-2 districts only.
Additional Requirements: May be allowed within approved Planned Unit Development
Districts by amendment to PUD.
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DRAFT | DATA CENTER PLANNED UNIT DEVELOPMENT (DCPUD)
REVISED AND POSTED 11/06/2025
Provided below is a revised draft of an ordinance amendment to define and regulate data
center and technology campus land uses within the City.
The draft below includes redlined text proposed to be added or deleted from the draft
ordinance presented during public hearing on August 19, 2025 and September 2, 2025.
The draft below is provided for purposes of feedback during the November 10th, 2025 joint
workshop of the Planning Commission and City Council. Additional review by City staff
and the City Attorney will continue until such time as draft text in ordinance form is
prepared for the public hearing review. A public hearing has been called by the Planning
Commission for December 2, 2025.
§153.012 Definitions shall hereby be amended to add the following definitions:
Data center, accessory. A use which is incidental and subordinate in both area and extent
to a principal use of property and which serves the principal use for the purpose of storage,
management, processing, and transmission of digital data, which houses computer or
network equipment. Such accessory use shall be physically connected to the principal
use and shall include no mechanical equipment not fully shielded by building walls and
shall not include any external power generation equipment.
Data center: A facility used primarily for the storage, management, processing, and
transmission of digital data, which houses computer or network equipment, systems,
services, appliances, and other associated components related to digital data storage and
operations, together with its accessory and appurtenant facilities, which may also include
offices, air handlers, back-up power generators, water cooling systems and water storage
facilities, utility substations, and other associated infrastructure necessary to support
sustained operations at a data center. The term Data Center sha=ll not include digital data
computing facilities which are not the principal use of a property in extent or area but which
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perform similar functions. The term Data Center shall not include data mining as defined
by this ordinance.
Data center campus: A Data Center that occupies more than one building, but is
otherwise interconnected by power supply, communication systems, power generation or
other operational systems to form a unified Data Center facility. This definition may
include, but shall not be limited to, “Technology Campus”, “Cloud Computing Center”,
“Information Technology Campus”, and similar phrases and terms. May include data
management or storage buildings, offices, and ancillary support buildings and structures
including secure and controlled entrances, and perimeter fencing.
Data center floor area ratio (DCFAR): The floor area ratio for a data center facility shall be
defined as the ratio obtained by dividing the total gross floor area of the principal data
center building(s) by the total gross land area of the proposed Data Center Planned Unit
Development, less the square footage of stormwater ponding or public waters (measured
from ordinary high water level), wetlands (measured from the delineation line), easements
necessary for public improvements, right of way required to be platted for any purpose, and
land area for required setbacks and perimeter buffer yards established per this ordinance.
All measurements shall be to the nearest 1/10th of an acre.
Data mining. A temporary or portable structure used primarily for the storage,
management, processing, and transmission of digital data which houses computer or
network equipment, systems, services, appliances, and other associated components
related to digital data storage and operations. Such facilities are less than 5,000 square
feet individually or when assembled in multiple temporary or portable structures and are
not constructed of customary industrial building materials such as concrete panels,
masonry block, brick or other similar materials. These facilities include no permanent
employment on-site.
§153.045 Industrial Base Zoning Districts shall hereby be amended to add the
following section:
Data Center Planned Unit Development (DCPUD) Zoning District
Purpose. The City Council finds that data center uses are highly variable in size, scope,
impact, and potential issues, and all such variables may have differential impacts on
existing and future land uses, or on the City’s land use plans and regulations. The purpose
of the Data Center Planned Unit Development (DCPUD) Zoning District is to provide for, and
regulate, Data Center development in appropriate locations, specifically within areas that
are otherwise designated for Light Industrial Park land use in the Monticello
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Comprehensive Plan (2040 Vision + Plan), as it may be amended. It is the intent of this
ordinance that all costs of development and infrastructure attributable to data center
development, if approved, shall be borne by the data center developers, owners, and/or
operators, and that approvals, if granted, shall provide for financial guarantees in this
regard as a condition of any such approvals. There shall be no inherent right to rezoning to
DCPUD, nor to any of the approvals necessary to develop a data center in the City.
Definitions.
Data cCenter: A facility used primarily for the storage, management, processing,
and transmission of digital data which houses computer or network equipment,
systems, services, appliances, and other associated components related to digital
data storage and operations, together with its accessory and appurtenant facilities,
which may also include offices, air handlers, back-up power generators, water
cooling systems and water storage facilities, utility substations, and other
associated infrastructure necessary to support sustained operations at a data
center. The term Data Center shall not include digital data computing facilities
which are not the principal use of a property in extent or area but which perform
similar functions. The term Data Center shall not include data mining as defined by
this ordinance.
Data cCenter cCampus: A Data Center that occupies more than one building, but
is otherwise interconnected by ownership or operator entity, and may include
interconnection by power supply, communication systems, power generation or
other operational systems to form a unified Data Center facility. This definition may
include, but shall not be limited to, “Technology Campus”, “Cloud Computing
Center”, “Information Technology Campus”, and similar phrases and terms. May
include data management or storage buildings, offices, and ancillary support
buildings and structures including secure and controlled entrances, and perimeter
fencing.
Data center floor area ratio (DCFAR): The floor area ratio for a data center facility
shall be defined as the ratio obtained by dividing the total gross floor area of the
principal data center building(s) by the total gross land area of the proposed Data
Center Planned Unit Development, less the square footage of stormwater ponding
or public waters (measured from ordinary high water level), wetlands (measured
from the delineation line), easements necessary for public improvements, right of
way required to be platted for any purpose, and land area within required setbacks
and perimeter buffer yards established per this ordinance. All measurements shall
be to the nearest 1/10th of an acre.
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Approval Criteria. No land shall be zoned as DCPUD unless the planned unit development
is found consistent with all of the following factors, or if inconsistent, where the City
Council specifically finds that the design of the facility has mitigated any inconsistent
location factor.
(a) Land is guided as Light Industrial Park in the City’s applicable Comprehensive
Plan.
(b) Land is zoned I-1 (Light Industrial) District in the City’s applicable zoning
ordinance if currently annexed to the City of Monticello.
(c) The DCPUD will be served by City sanitary sewer and water supplies for
specified data center demands and is able to demonstrate to the satisfaction of
the City that the DCPUD will not create shortages in the capacity of the City’s
sanitary and water supplies, or create an inability to provide adequate utility
service in other existing or planned areas of the City, including the Monticello
Orderly Annexation Area.
(d) The DCPUD will provide the financial guarantees for the installation of all
municipal utility, transportation, and any other public infrastructure deemed by
necessary by the City to support the DCPUD and any infrastructure
improvements or mitigation for the expected public infrastructure impact or
capacity increase created or required by the DCPUD, and will identify a timeline
satisfactory to the City for the submission of payments and securities for such
infrastructure.
(e) The DCPUD, if developed in phases, will provide the necessary planning and
financial guarantees to avoid the stranding or incomplete extension of municipal
infrastructure resources to the furthest extent of the PUD. Except where
expressly approved by the City Council, all public rights of way, infrastructure,
and any other public improvements shall be dedicated and/or extended to limits
of the property zoned DCPUD as a part of first-phase construction to facilitate
extension to adjoining property.
(e)(f) The DCPUD will be adequately served with electricity supplies for the
specified data center demands from the local electric power supplier as
required by phase if applicable, and demonstrates power supply capacity to
existing property owners in the City and planned areas of the City, including the
Monticello Orderly Annexation Area.
(f)(g) The DCPUD will provide adequate vehicular and non-vehicular transportation
facilities to serve the project and will adequately extend such facilities to serve
adjoining future development areas.
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(g)(h) The DCPUD will not displace other land uses the City deems important for
the stable, long-term growth of the community, including other industrial lands
or the City’s industrial development goals and the absorption of land area for
data center development is appropriate based on the City’s industrial
development goals.
(h)(i) The DCPUD will provide identified public benefits, including the creation and
maintenance of tax base, and will avoid negative impacts such as those
identified in this section, over the long term.
(i)(j) The DCPUD identifies and demonstrates adequate compliance with the
provisions of this section and State law for exterior impacts perceptible from the
boundaries of the facility, including but not limited to those for noise and lighting
impacts.
(k) The DCPUD will demonstrate compliance with all other applicable sections of
this chapter.
(j)(l) All applicable State Pollution Control Agency, Department of Natural
Resources, Department of Health, and Department of Transportation
requirements are met to the City’s satisfaction.
(k)(m) The DCPUD will not conflict with other elements of the City’s Comprehensive
Plan.
Permitted uses. Uses allowed in the DCPUD are as follows, subject to the procedural and
performance standards of this District, and all generally applicable standards of the
Monticello Zoning Ordinance:
(a) Data Center
(b) Data Center Campus
(c) Accessory buildings and uses as expressly provided for by this section
Accessory uses. The following accessory uses are allowed:
(a) Offices;
(a)(b) Appurtenances, or support facilities such as outdoor generators, mechanical
or electrical equipment including substations and transmission structures, or
similar elements;.
(b)(c) Off-Street Accessory Motor Vehicle Parking, subject to the requirements of
the Monticello Zoning Ordinance Section §153.067 per Parking Schedule #2;.
(c) Signs, Fencing, and Off-Street Loading and Grading, Drainage Erosion Control and
Stormwater Management and Erosion Control subject to the provisions of this
chapter.subject to the requirements of the Monticello Zoning Ordinance Section
§153.064.
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(d) Other site development improvements regulated by the “Finishing Standards” of the
Zoning Ordinance in Sections §153.060 – §153.070, except as otherwise prohibited
or regulated by this sSection;.
(e) Roof-mounted solar-energy systems of green-roof installations;
(f) EV charging stations;
(e)(g) Any other use that is subordinate to and serving the principal use and
customarily incidental to the principal use. Such use must be depicted in DCPUD
Development and Final Stage plans and be specifically authorized by the adopted
DCPUD ordinance.
Prohibited uses. The following uses are specifically prohibited in the DCPUD:
(a) The use of cargo containers, railroad cars, semi-trailer containers, and other
similar storage containers, or any building that does not meet the building
standards of this section;
(b) Commercial wind energy systems;
(c) Commercial telecommunication towers as defined by this chapterordinance;
(d) Ground-mounted solar energy systems;
(d)(e) Outdoor storage as defined by the chapter;
(e)(f) Data mining as defined by this ordinance.
Environmental Review. If an EAW, EIS or AUAR is applicable for the proposed DCPUD
project under State or law, such review must be completed prior to application. Individual
components of a DCPUD development which may require separate environmental review
may be completed after application. Such review is subject to the applicable provisions of
this chapter.
District performance standards. Any application for amendment to the zoning map to
rezone land to DCPUD under this Section shall be considered incomplete if it does not
address each of the performance standardsitems in such a way as to provide the City with
sufficient information to properly evaluate each element in this Section. Any deviation
from these standards requires approval of a variance, which shall be reviewed in
accordance with §153.0208.
(a) Any application for DCPUD shall be accompanied by a proposed Preliminary Plat
subject to the application and procedural requirements of Chapter §152:
Subdivisions for Preliminary Plat and shall only be developed on land subject to said
Plat. The Exceptions as found §152.007 in are not applicable to the DCPUD.
(b) The minimum data center floor area ratio (DCFAR) for the DCPUD and any individual
phase of the DCPUD shall be .25. At no time shall any individual developed phase
of the of the DCPUD be constructed at an FAR of less than 25%.
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(c) The minimum setback for all principal, and accessory buildings and appurtenant
structures shall be as follows. 100’ from any property line, except that the minimum
setback shall be 200’ from any property line abutting residentially guided or zoned
property, or directly abutting delineated wetland, parkland, or recreational property,
which is located in either the City or Monticello Township. Fences as required or
permitted by this ordinance are not subject to the setback.
Table X-X
Structure Setback from Property Line
Parcels
used for
principal
agricultural
uses only
Parcels
used,
guided or
zoned for
residential
or mixed-
uses
Delineated
wetland,
public
parkland, or
public
recreational
property
Parcels
guided or
zoned
commercial
Parcels
guided or
zoned
industrial
Principal building
structure(s) when any
equipment (including
generators) is fully
screened by principal
building(s) or located
within a principal
building(s), or is located
to the interior of the
principal structure(s)
and ground mounted
100’ 200’ 200’ 100’ 100’
Principal building
structure(s) when
mechanical equipment
(including generators) is
oriented to any exterior
portion of the
structure(s) and/or non-
ground mounted
200’ 300’ 300’ 200’ 200’
Off-Street Parking 100’ 150’ 150’ 50’ 50’
Off-Street Loading
Facilities
100’ 150’ 150’ 100’ 100’
Fences or Walls May be placed at any location between the property line and
principal structure(s), except such fences or walls may not be
located within a drainage and utility easement or designated wetland
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buffer area, and perimeter buffer landscaping materials must be
planted on the exterior of the fence or wall.
Other Accessory or
Appurtenant Structures
(exceptions: lighting)
100’ 300’ 300’ 100’ 100’
(d) The maximum height for principal and accessory structures shall be 650’.
i. Appurtenant structures may exceed the height of the principal or accessory
structure by a maximum of 15’. Private communication antenna within the
DCPUD may exceed this height up to a maximum of 100’ as specifically
identified and approved in the Final Stage PUD. Substation equipment within
the DCPUD are exempt from this height requirement.
(d)(e) Principal building exterior finishes shall consist of materials compatible in
grade and quality to the following:
i. Decorative rock face block;
ii. Glass;
iii. Cast in place concrete or pre-cast concrete panels;
iv. Brick
(e)(f) Accessory building exterior finishes shall consist of materials compatible in
grade and quality to the following:
i. Decorative rock face block;
ii. Glass;
iii. Cast in place concrete or pre-cast concrete panels;
iv. Brick;
v. Exterior insulated finish systems;
vi. Textured finishes on metal panel to simulate stucco or other similar
treatments
(g) Noise emanating from the facility, or from any appurtenant or accessory use or
element of the facility, shall be in compliance with and regulated by the State of
Minnesota pollution control standards and rules. Mitigation strategies are required
to be implemented to provide assurance of conformity with these regulations.
i. Monitoring equipment must be installed and maintained over the operational
life of the DCPUD. Monitoring stations must be placed at each DCPUD
boundary property corner and every 1000’ along the DCPUD property line
when abutting residential property.
ii. Monthly inspection of monitoring stations for operational sufficiency and
monthly noise monitoring reports meeting State of Minnesota pollution
control guidelines for measurement must be provided by a third-party
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monitoring and inspection service over the operational life of the DCPUD.
The monitoring service shall prepare a monthly report to the City of
Monticello on the facility’s noise performance.
(h) Back-up power generators may only be used for back-up power generation for uses
within the DCPUD.
i. Testing of generators may only occur between the hours of 8 AM and 4 PM,
Monday through Friday. A testing schedule must be filed annually with the
City.
(f)(i) All lighting fixtures and illumination levels must meet the requirements of
§153.063 LIghting, except that illumination must be 0.0 footcandles at the property
line abutting properties used, zoned or guided for residential, civic or institutional,
recreational, or parkland uses. No external light source shall be located closer than
50’ from any property line of a parcel used, zoned or guided for residential, parkland
or recreational uses.
(j) Any outdoor facilities or equipment such as back-up generators, parking and private
circulation areas, other mechanical equipment, security or chain link fencing, or
any other similar outdoor facilities shall be fully screened to 100% opacity when
viewed at comparable grade from abutting property used, zoned, or guided for
residential or recreational uses, and from the public right of way.
i. Landscaping materials used for screening may be counted toward the
minimum site landscaping requirements of this chapter.
ii. Landscaping utilized for screening must be designed by a qualified
landscape architect to meet the opacity requirements within 3 years of
planting.
iii. Screening may be accomplished through individual or combination use of
fencing or walls meeting the materials requirements of this
sectionordinance, landscaping, and/or berming.
iv. Landscaping materials and berming used for screening may be located
within the required structure setback; fences and walls are subject to the
structure setback above.
v. Buildings or building wing walls meeting the materials and setback
requirements of this section may also be used for screening when directly
abutting existing industrial uses of property guided or zoned for industrial
uses.
vi. Walls used for screening purposes must install the required perimeter buffer
landscaping materials on the exterior side of the wall.
i.vii. Chain link fence with slats shall not be used for screening purposes.
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(k) All trash enclosures and storage must be located within a structures and identified
on DCPUD plans.
(g)(l) Rooftop mechanical equipment shall be fully screened when viewed from
the adjoining property lines via screening walls or parapets which match the
building materials of the building on which they are located.
(a) Site landscaping shall meet the required minimum site landscaping standards of
this chapter, with the additional requirements or exceptions follows:
i. The DCPUD shall provide for established sodding in all ground cover areas
not otherwise used for tree or shrub plantings except as exempted for
approved native plantings;
ii. The DCPUD shall provide irrigation systems for all landscaped areas except
as exempted for approved native plantings;
iii. The DCPUD shall not be required to install island delineation landscaping as
required by this Chapter.
(m) A perimeterlandscaping buffer shall be installed around the entire perimeter of the
DCPUD and maintained for the duration of DCPUD facility operation per the
applicable planting requirements of this chapter, subject to the following additional
requirements or exceptions:
i. Installation of such buffer shall be required regardless of any intervening or
abutting roadway or public right of way;
ii. Such buffer must include a 25% minimum evergreen species requirement, to
be spaced throughout the buffer.
iii. The required landscaping buffer shall be installed and completed with the
first each phase of development.
iv. The perimeter buffer landscaping material may be located within the
applicable structure setback.
i.v. The perimeter buffer shall not be required where the DCPUD property
boundary directly abuts a property used, guided or zoned for industrial uses.
(h)(n) Fencing or walls shall be constructed of maintenance free vinyl fencing or
brick, stone, masonry or decorative stamped and colored concrete which mimic
brick, stone or masonry.
(i)(o) Chain link fencing may be used for security purposes and shall be black or
black coated vinyl and shall not include slats. Linear barbed wire is permitted on
the top of such fenceline. In such case, screening to 100% opacity must be placed
between the security fence and property line.
(j)(p) The facility shall provide parking for employees or service personnel at a rate
per §153.067, Parking Schedule #2.
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(k) Except as provided in this Section, the DCPUD shall comply with all other
requirements of this Ordinance.
(l)(q) Substations within the DCPUD shall be subject to the following:
i.iv. Must be located within the DCPUD;
ii.v. Must comply with the accessory setbacks as established herein for all
abutting properties which are not zoned DCPUD;
iii.vi. Must comply with the lighting standards established herein;
iv.vii. Must comply with the perimeter buffer requirements for landscaping
materials per requirements of §153.060;
viii. Electrical transmission lines extended to the substation are not subject to
§153.065 Underground Utilities;
v.ix. Substation equipment is not subject to the height requirements of this
section or this chapter;
vi.x. The number of substations serving a data center or data center campus are
limited to those necessary for operating the data center or data center
campus exclusively.
(m)(r) In addition to the standards of thise sSection, all other provisions of the
City’s ordinance, including zoning and subdivision regulations, shall apply to the
facility, unless otherwise exempted. With regard to specific zoning district
standards, the requirements of the DCPUD zoning district shall apply. Except for
regulations of applicable zoning overlay districts, wWhere the terms of this sSection
vary from the zoning and subdivision regulations, the requirements of this sSection
shall apply.
DCPUD Initiation of Proceedings. Requests for DCPUD concept stage, development stage
permit, rezoning to DCPUD, and DCPUD final stage permit shall be initiated by application
of the property owner or other person having authority to file an application pursuant to
§ 153.027(B), Authority to File Applications.
DCPUD Application.
(a) Applications for rezoning to DCPUD shall be subject to this section and shall not be
subject to the Specific Review Procedures and Requirements of this chapter for
rezoning to Planned Unit Development.
(b) Submission of a DCPUD Concept Stage Submittal shall be in accordance with this
Section and are not subject to the Specific Review Procedures and Requirements of
this Chapter for Planned Unit Development.
(b)(c) Applications for DCPUD Development Stage Permit and DCPUD Final Stage
Permit shall be in accordance with this section and are not subject to the Specific
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Review Procedures and Requirements of this chapter for Planned Unit
Development. The application for DCPUD Development Stage Permit and DCPUD
Final Stage Permit shall not run concurrently.
(c)(d) Applications for Preliminary and Final Plat as required by this section shall be
submitted in accordance with § 152: Subdivisions for Preliminary and Final Plat.
(d)(e) Rezoning to DCPUD does not revoke, rescind or otherwise render as not
applicable the requirements of this ordinance for any applicable overlay district
effective at the time of annexation and as required by State law.
(e)(f) All other requirements or provisions not specifically provided for by this
section or otherwise exempted shall be as per City Code.
DCPUD Concept Stage Submittal
Prior to submitting applications for development stage PUD, preliminary plat, and rezoning
for the proposed DCPUD, the applicant is encouraged, at its option, to prepare an informal
concept and present it to the Planning Commission and City Council at a concurrent
workshop, as scheduled by the Community Development Department. The purpose of the
concept stage submittal is to:
(a) Provide preliminary feedback on the concept in collaboration between the
applicant, City staff, Planning Commission, and City Council;
(b) Provide a forum for public information on the DCPUD prior to a requirement for
extensive engineering and other plans;
(c) Provide a forum to identify potential issues and benefits of the proposal which
can be addressed at succeeding stages of PUD design and review.
DCPUD Concept Stage Submittal Requirements
Proposals for a DCPUD Concept Stage Submittal shall include at least the information
below to be considered complete (except as exempted by the Community Development
Department based on a written request submitted by the proposer).
(a) A listing of contact information including name(s), address(es), email(s) and
phone number(s) of: the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates;
(b) A listing of the following site data: Address, current land use guidance, current
zoning, parcel size in gross acres and square feet, and current legal
description(s);
(c) A narrative explaining the applicant's proposed objectives for the DCPUD, and
public values that the concept submitter believes may be achieved by the
project;
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(d) A narrative description of proposed DCPUD use, including anticipated or
known accessory or appurtenant uses;
(e) A narrative description of the public infrastructure requirements of the DCPUD
ss known;
(f) Conceptual information on proposed power transmission routing within the
city and to the boundary of the DCPUD, if known;
(g) Calculation of the proposed DCPUD FAR;
(h) Outline a conceptual development schedule indicating the approximate date
when construction of the project, or stages of the same, can be expected to
begin and be completed (including the proposed phasing of construction of
public improvements and recreational and common space areas);
(i) A concept PUD proposal illustrating:
i. Proposed DCPUD boundary;
ii. Layout of proposed lots and proposed uses. Denote outlots planned for
public dedication and/or open space (schools, parks, etc.);
iii. General location of wetlands and/or watercourses over the property and
within 200 feet of the perimeter of the subdivision parcel
iv. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel;
v. Proposed sidewalks and trails;
vi. Proposed location of any electrical substation(s);
vii. General location of wooded areas or significant features (environmental,
historical, cultural) of the parcel;
viii. Location of utility systems and connection points that will serve the
property including the proposing routing to demonstrate service to the
furthest extent or boundary of the DCPUD;
ix. Location of access points to public right of way.
DCPUD Concept Stage Submission Review.
Upon receiving a PUD concept plan proposal, the Community Development Department
shall:
(a) Schedule a joint workshop of the Planning Commission and City Council and
shall provide notice of the meeting to all property owners within 350 feet of the
property boundary of the proposal. During the joint workshop, the Planning
Commission and City Council may make comment on the merit, needed
changes, and suggested conditions which may assist the proposer in future
application for proposed rezoning and PUD development plan.
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(b) The Planning Commission and City Council will also take comment from the
public as part of the joint workshop. The comment is explicitly not a public
hearing on the concept and the public comments are intended to represent
preliminary feedback related to the DCPUD concept information.
(c) The Council and Planning Commission shall make no formal decision as part of
the consideration The City Council and Planning Commission’s comments are
explicitly not an approval or decision on the project, and are intended to
represent preliminary feedback on the DCPUD concept information and its
relationship to the comprehensive plan and this DCPUD ordinance.
DCPUD Development Stage Permit, Preliminary Plat and Rezoning Application Submittal
Requirements.
Proposals for a DCPUD Development Stage Permit and Rezoning to DCPUD shall include at
least the information below to be considered complete (except as exempted by the
Community Development Department based on a written request submitted by the
proposer).
(a) Project narrative, including:
i. Existing zoning district(s) and comprehensive plan land use designation of
subject DCPUD property area and all adjacent lands within 350’ of the
subject DCPUD property boundary;
ii. Statement explaining the applicant's proposed objectives for the DCPUD,
and public values that will be achieved by the project including general
projections for tax base, building valuation, employment creation or other
community benefit;
ii.iii. Statement of how the project will meet each of the Approval Criteria and
District Performance Standards as required by this section;
iv. A narrative description of proposed DCPUD uses and operations, including
anticipated or known accessory or appurtenant uses, such description
shall include any information on X?;
v. Proposed phasing of full DCPUD site development, including number of
phases, development timeline for each phase and for the full DCPUD, and
iii.vi. Calculation table detailing the gross area calculation of the full DCUD, the
area calculation of each exception to the DCFAR, and resulting FAR for
each phase of the DCPUD and full DCPUDof building within each phase;
iv.vii. Listing of all required federal and state permitting and current status of
permitting;
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v.viii. Maximum building height for any proposed principal structure on site;
maximum height of any additional appurtenant or accessory structure on
site;
vi.ix. Description of proposed building materials for all principal and accessory
buildings meeting the requirements of this ordinance;
vii.x. Estimated sSquare footage calculation of full usable/buildable area within
the DCPUD;
viii.xi. Maximum building coverage within the DCPUD site improvement boundary;
ix.xii. Estimated building square footage within the DCPUD site improvement
boundary by phase;
x. Total maximum impervious surface coverage within the DCPUD.
(b) Proof of title in a form approved by the City Attorney;
(c) Legal description of the property for which the DCPUD is requested;
(d) All information required for Preliminary Plat as provided in § 152.040, including
dedication ;
(e) Certificate of survey for illustrating the full DCPUD property boundary signed by a
registered land surveyor and current within three months of plat application to
include legal description, all public utilities including pipe size, material type,
depths, location, and detail of private utilities or easements, any other easements
of record;
(f) DCPUD site improvement plan(s), including:
i. Citation of the proposed name of the project, contact information for the
developer and individual preparing the plan, signature of the surveyor and
civil engineer certifying the document, date of plan preparation or
revision, and a graphic scale and true north arrow;
ii. Minimum setback requirements as required by this section;
iii. Layout of proposed lots with future lot and block numbers;
iv. Area calculations for each parcel within the DCPUD property boundary;
v. Outlots planned for public dedication and/or open space;
vi. Easements and rights-of-way within or adjacent to the subject DCPUD
property boundary, including detail on ingress and egress from the
subject site to abutting or adjacent public right of way;;
vii. Location of all electrical substation and transmission equipment located
within the DCPUD, including area in acreage and applicable setback for
substation and general height information;
viii. Location, width, and names of existing and proposed streets and rights of
way within and immediately adjacent to the subject DCPUD property
boundary and all connection points to public right of way;
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ix. Proposed sidewalks and trail connection points to public rights of way
and any planned public sidewalk and pathways;
x. Area calculations for gross land area, wetland areas, wetland buffers,
right-of-way dedications, conservation areas, and proposed public parks;
(g) Graphic depiction of site development phasing plan by acreage over the full DCPUD
property, including proposed public utility easement corridors and/or rights of way;
(h) Delineation and functional assessment of wetlands and/or watercourses over the
DCPUD property and within 200 feet of the perimeter of the subdivision parcel dated
within the last six months;
(i) Delineation of the ordinary high water levels of all water bodies;
(j) Conceptual gGrading, drainage and erosion control plan prepared by a registered
professional engineer providing for stormwater management planning based on the
maximum impervious surface area of the site, providing all information outlined in
§ 153.069(C); plans must show existing contours at intervals of two feet. Contours
must extend a minimum of 200 feet beyond the boundary of the parcel(s) in
question;
(j)(k) If an environmental review was required for the DCPUD development
proposal, the final approved mitigation plan shall be provided with a detailed
narrative on how the proposed DCPUD Development Stage submissions address
components of the mitigation plan and timeline for implementation or completion
of each mitigation plan requirement, including detail on the financial participation
of the applicant. If individual project components supporting the DCPUD require
additional environmental study, such study may be completed after application for
Development Stage permit, but are required to be completed prior to application for
Final Stage permit;
(l) Noise study meeting MPCA measurement standards detailing existing ambient
noise levels measured at 1000’ foot interval points of the DCPUD boundary and
current within 6 months of the date of application.
(k)(m) Traffic study which shall include adjacent local roadways where access is
provided and nearest collector roadways, as well as the collector roadways
intersections with the nearest arterial roadway, evaluating:
i. Average Daily Traffic and Peak Hour tTraffic volumes for passenger
vehicles during normal operations;
ii. Average Daily Traffic and Peak Hour tTraffic volumes and routes for
construction traffic during each phase of site development;
iii. Any insufficient street or intersection design pursuant to project;
iv.iii. Project volume, Likely routes and frequency for commercial vehicles
supporting routine operations;
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iv. Proposed location of right of way and pathway connections, including
sidewalks and trails, connections through or along the site perimeter to
ensure system connectivity to the furthest extent of the DCPUD
boundary;
v. Any insufficient street or intersection design pursuant to project
construction, projected by phase;
vi. Proposed improvements to mitigate insufficient design, including an
analysis of the projected cost of any public infrastructure necessary to
adequately serve the project as identified above by phase, or to ensure
that the infrastructure required by this section is adequately accounted
for.
v.vii. Information on the applicant’s proposed financial contribution sufficient
to provide such public service demand. Sufficient information regarding
the applicant’s financial capacity to support the required improvements
and system upgrades.
(l)(n) A study that identifies both City and private utility supply and demand on the
relevant system. Such study shall evaluate demand by proposed phase and
timeline for construction and include water, wastewater, and stormwater system
information, and shall demonstrate to the satisfaction of the City that the proposed
facility can both (1) be adequately served by the existing or planned capacity of the
utility, and (2) will not impede access or limit service capacity to those utilities by
other future users in the City’s planning and service territory; (3) is designed to
provide adequate service to the furthest extent of the DCPUD, and (4) that the
applicant has provided sufficient information regarding the financial capacity to
support the required improvements or system upgrades. Such study shall include:.
i. Provide a specific utility phasing plan which demonstrates alignment with
the proposed development phasing and timing;
ii. Any deficiencies identified by the study shall be accompanied by a
mitigation plan, including financial mitigation.
ii. PThe study shall provide preliminary plans for extension of all public
facilities, including utilities, roadways, pedestrian facilities, and other
such public infrastructurefacilities to the furthest extent of the
DCPPUDproperty boundary as determined by the City Engineer and
approved by City Council;
iii. Include an analysis of impacts to surrounding private utility systems and
mitigation required;
iv. Identify deficiencies in the public system pursuant to the project and
provide a mitigation plan for identified deficiencies;
1C (41)
18
v. Updates or additional system plans or studies for public utilities
reflecting the impact of increased demands and infrastructure required
by the DCPUD; to be prepared to the specification of the City Engineer.
vi. Include an analysis of the projected cost of any public infrastructure
necessary to adequately serve the project as identified above by phase,
and to ensure that the infrastructure required by this section is
adequately accounted for; and the applicant’s proposed contribution is
sufficient to provide such public service demand and capacity increase
as applicable;
vii. Sufficient information regarding the applicant’s financial capacity to
support the required system studies, public improvements and system
upgrades;
viii. For capacity and demand greater than that anticipated for light industrial
uses, a companion review study to verify above shall be provided;
iii.ix. The applicant may request that the City complete such utility studies, at
the applicant’s cost.
(o) Landscaping and perimeter buffer plan illustrating:
i. Location and proposed elements (walls, berming, landscaping) for site
screening as required by this section.
ii. Location and proposed elements (walls, landscaping) for perimeter
buffer as required by this chapter.
(p) Listing of all required federal and state permitting and current status of permitting.
(q) A fiscal summary benefits statement for purposes of preparing the Site
Improvement Plan Agreement, estimating the annual property tax generation from
the project by phase, including:
i. Estimated a detailed analysis of City property tax share per Minnesota
law;
iv.ii. An . The fiscal benefits statement shall include an analysis of the
projected cost of any public infrastructure necessary to adequately serve
the project as identified above by phase;
v. Statement identifying the, or to ensure that the infrastructure required by
this Section is adequately accounted for, and the applicant’s proposed
contribution is sufficient to provide such public service demand.;
(m)(r) Statement, study, or permit provided by the electric utility provider which
demonstrates adequate capacity for the DCPUD, provides a summary of the
proposed routing plan and required electrical infrastructure improvements, and
which details any expected impact to local or regional power supply;
1C (42)
19
(s) Statement of telecommunication provider(s) information detailing sufficient system
improvements as to avoid any local service interruption during normal operations;
(n)(t) Any other information as directed by the Community Development
Department required to evaluate the specific Data Center PUD proposal.
DCPUD Development Stage Permit and DCPUD Rezoning Review.
(a) The application for rezoning to DCPUD shall be reviewed in accordance with
§ 153.028(B), Zoning Ordinance Text and Zoning Map Amendments.
(b) The application for Preliminary Plat shall be reviewed in accordance with City Code
152.026, Preliminary Plat Procedure.
(c) As part of the review process for the DCPUD applications, the Community
Development Department shall generate an analysis of the proposal against the
Approval Criteria of this sectionchapter to formulate a recommendation regarding
the rezoning to the Planning Commission and City Council.
(d) As part of the review process for the DCPUD Development Stage Permit, a Site
Improvement Plan Agreement (SIPA) shall be prepared by the City following the
application submittal, which details and controls the development phasing,
required site improvements, and financial impact and planning which embodies the
terms and conditions of the approval given by the Council, including but not limited
to the development phasing, required public improvements, minimum performance
standards, and the fiscal requirements, guarantees, and securities necessary for
the construction of all required public improvements. and which controls the
installation of all required improvements for the proposed DCPUD. Such draft
agreement shall be included for the City Council’s review and approval of the
Development Stage Permit. The SIPA shall include a requirement that until the time
of approval of a final stage permit and the applicant has met each of the conditions
of approval required by the City Council, in addition to other requirements including
publication, the rezoning ordinance for DCPUD will not be effectiveconsidered and
no development may occur within the DCPUDrights are conferred.
(e) The Planning Commission shall hold a public hearing on the DCPUD applications
and consider the application’s’ consistency with the intent and purpose of the
DCPUD and comprehensive plan goals. The hearing for rezoning and Preliminary
Plat may run concurrently with the hearing for the DCPUD Development Stage
permit. The Planning Commission shall make recommendations to the City Council
on the merit, needed changes, and suggested conditions of the proposed rezoning,
Preliminary Plat and DCPUD development plan. The Community Development
Department may forward an application to the City Council without a
1C (43)
20
recommendation from the Planning Commission only if it is deemed necessary to
ensure compliance with state mandated deadlines for application review.
(f) Development Stage DCPUD approval shall occur by adoption of a rezoning
ordinance for the subject property specifying the uses, standards, and other
requirements of said DCPUD zoning district. Such ordinance shall include an
effective date clause which delays the effective date of the ordinance until the time
of approval of a final stage permit and the applicant has met each of the conditions
of approval required by the City Council, in addition to other requirements including
publication. No permits for development within the PUD may be issued until the
ordinance takes effect. If the final stage DCPUD is not approved by the City Council,
or the applicant fails to meet the conditions as described, the ordinance shall not
take effect, will not be published, and the subject property shall retain its previous
zoning designation.
(g) The City Council may hold a public hearing on the request for DCPUD on the request
for DCPUD Development Stage Permit, preliminary plat, and DC PUD rezoning if
they deem such necessary.
(h) After consideration of the Planning Commission recommendation and/or hearing, if
applicable, the City Council may approve the Development Stage DCPUD permit or
any part thereof in such form as it deems advisable. The City Council’s decision will
include the required conditions of the proposed rezoning, preliminary plat and
DCPUD development stage permit. Approval of the amendment to rezone to
DCPUD shall require the approval of the majority two-thirds present of all the
members of the City Council, except as may be exempted by state statute.
(i) After consideration of the Planning Commission recommendation and/or hearing, if
applicable, the City Council may, in its sole discretion, deny the Development Stage
DCPUD permit, the DCPUD Preliminary and/or Final Plat, or any part thereof. Such
denial shall be based on findings of fact that specify the conditions where the
application fails to meet the required terms of the DCPUD zoning process,
standards, or other requirements therein. The City shall be under no obligation to
approve any DCPUD rezoning, plat, or permit, and no DCPUD applicant shall have
any expectation or right of approval of any such rezoning, plat, or permit.
Final Stage Permit Application and Final Plat Submittal Requirements.
An application for final stage permit and final plat that conforms with the approved
development stage permit and preliminary plat and associated PUD rezoning ordinance
shall be submitted no later than 60 days following the date of the development stage
permit approval for review. One extension to this timeline may be granted by the City
1C (44)
21
Council for such submittal for a maximum of an additional six months, and the applicant
shall request waivers for any statutory time limits as necessary. The applicant shall submit
such extension request no later than 14 days prior to the deadline for the application
submission. Applications which fail to meet this deadline shall be deemed void and shall
require review and re-application according to the development stage process of this
chapter.
Proposals for a DCPUD Final Stage Submittal shall include at least the information below
to be considered complete (except as exempted by the Community Development
Department based on a written request submitted by the proposer).
(a) All rRevised DCPUD Development Stage Application submittal requirements plans
as identified above shall be updated and resubmitted with the Final Stage DCPUD
Permit application to incorporate all changes required by the DCPUD Development
Stage permit approval and Preliminary Plat;
(b) Transportation and utility extension and connection plans meeting the requirements
of the City Engineer;
(b)(c) All information required for Final Plat as provided in § 152.041;
(c)(d) Up-to-date title evidence dated within the last 3 months for the subject
property in a form acceptable to the Ccity shall be provided as part of the
application for the DCPUD Final Plat;
(d)(e) Developer shall provide warranty deeds for property being dedicated to the
city for all parks, outlots, etc., free from all liens and encumbrances except as
otherwise waived by the City Council;
(e)(f) Developer shall provide all easement dedication documents for easements
not shown on the Final Plat including those for public and private utilities, trails,
ingress/egress, etc., together with all necessary consents to the easement by
existing encumbrancers of the property;
(f)(g) Private covenant documents or easements necessary to implement and
maintain the DCPUD as approved by the city;
(g)(h) The applicant shall execute the final Site Improvement Plan Agreement
which references all terms and conditions of the DCPUD, including but not limited
to site improvement plans and performance standards, required phasing, required
public improvements, completion dates for improvements and related , fiscal
impact requirements, guarantees and securities, the required letters of credit, all
required development fees and infrastructure improvement payments and/or
securities, escrows, and warranties, and their timing of submission and any other
information deemed necessary by the city;
1C (45)
22
(h) The city shall, upon approval of the DCPUD Final Stage permit, recording of the Final
Plat, and recording of the Site Improvement Plan Agreement, publish the DCPUD
ordinance. Such ordinance shall create a zoning district that is specific to the
property for which the PUD was applied, and shall be designated in such a way as to
be able to mark the official zoning map to identify the DCPUD ordinance. The
DCPUD ordinance shall also designate that such property is thereby rezoned to the
DCPUD district as adopted. Approval of the amendment to rezone to DCPUD shall
require the approval of two-thirds of all the members of the City Council, except as
may be exempted by state statute.
PUD Final Stage and Final Plat review.
(a) The application for Final Plat shall be reviewed in accordance with City Code
§152.027, Final Plat Procedure.
(b) The application for PUD Final Stage DCPUD Permit and Final Plat shall be
considered by the City Council at a public meeting, following a review and report by
the Community Development Department. Approval of the PUD Final Stage and
Final Plat shall be by simple majority vote of all members of the City Council, except
where State law may specifically require a super majority.
(c) The City shall, upon approval of the DCPUD Final Stage permit and satisfaction of all
conditions of DCPUD approval, publish the DCPUD ordinance. Such ordinance shall
create a zoning district that is specific to the property for which the PUD was
applied, and shall be designated in such a way as to be able to mark the official
zoning map to identify the DCPUD ordinance. The DCPUD ordinance shall also
designate that such property is thereby rezoned to the DCPUD district as adopted.
Final stage DCPUD approval shall occur by adoption of a rezoning ordinance for the
subject property specifying the uses, standards, and other requirements of said
DCPUD zoning district. Such ordinance shall include an effective date clause which
may delay the effective date of the ordinance until such time as the applicant has
met each of the conditions of approval required by the City Council, in addition to
other requirements including publication. No approvals are valid, and no permits
may be issued, until the ordinance takes effect. If the final stage DCPUD is not
approved by the City Council, or the applicant fails to meet the conditions as
described, the ordinance shall not take effect, and the subject property shall retain
its previous zoning designation.
Site Improvement Plan Agreement.
(a) An approvedThe DCPUD, if approved, shall be governed by the approved Site
Improvement Agreement and shall be binding on all successors, heirs, and assigns;
1C (46)
23
(b) The agreement shall include, at a minimum, reference to the approved DCPUD site
improvement plans and performance standards, adopted ordinance, required
public improvements and, completion dates for improvements and related, fiscal
impact requirements, guarantees and securities, the required letters of credit, all
required development fees and infrastructure improvement payments and/or
securities, escrows, and warranties, and their timing of submission, and any other
information deemed necessary by the city;
(c) The agreement shall stipulate that all required state and federal permits are
required to be issued and confirmed as issued by the developer and all additional
environmental reviews as required by the applicable environmental review
mitigation plan are complete prior to any development, including grading, within the
DCPUD boundary;
(d) The agreement shall identify the financial requirements for the installation of all
municipal utility, transportation, and any other infrastructure deemed by the City as
necessary to support the DCPUD and to mitigate the expected infrastructure impact
or capacity increase created or required by the DCPUD, and a timeline satisfactory
to the City for the submission of payments and securities for such infrastructure.
(e) The agreement shall require on-going compliance with approved landscaping and
screening plans for the full extent and operation of the effective DCPUD;
(f) The agreement shall provide for securities necessary to review and verify
compliance with the noise requirements of this section;
(g) The agreement shall stipulate any extension authorized by the City Council for
timeline of recording of the final plat or timeline for the final platting of outlots within
the plat;
(b)(h) The agreement shall require that the recording of the final plat, rezoning
proceedings, SIPA, and any applicable deeds, common area maintenance
agreements, or other City agreements specific to the subject DCPUD occur prior to
any development, including grading, within the DCPUD boundary.
(c)(i) For any DCPUD which includes subdivision of parcels which have no direct
frontage on a public street, the site improvement agreement shall require common
maintenance and easement agreement.
Site Plan review. Following approval of the DCPUD, development within the DCPUD shall
be subject to the Site Plan review process of this chapter. Site plans shall be consistent
with the approved DCPUD ordinance and all other applicable provisions of this chapter. A
liaison from the Planning Commission and City Council will participate in the Site Plan
review process.
Timeline for performance.
1C (47)
24
(a) Upon DCPUD approval, the applicant is required to record the Final Plat within 3650
days of the Council’s approval of Final Stage and Final Plat. One extension from this
requirement may be granted by the Council upon request for extension by a person
having authority to file an application. An extension shall be requested in writing and
filed with the city at least 14 days before the voidance of the approved Final Plat and
Final Stage PUD. The request for extension shall specify the desired timeline of
extension and shall state facts showing a good faith attempt was made to meet the final
plat submission requirement. Such request shall be presented to the City Council for a
decision. The City Council may deny or modify the extension timeline at its sole
discretion and there shall be no inherent right to extension.
(b) A building permit for a principal structure within the first phase of development on site
shall be filed within 1 year 6 months of the filing of the Final Plat. An extension shall be
requested in writing and filed with the city at least 14 days before the date of one year
date, based on the date of recording of the final plat with the Wright County recorder.
The request for extension shall specify the desired timeline of extension and shall state
facts showing a good faith attempt was made to meet the building permit submission
requirement. Such request shall be presented to the Council for a decision. The City
Council may deny or modify the extension timeline at its sole discretion and there shall
be no inherent right to extension. The City Council may act after the 1 year period to
revoke the DCPUD, revoke the governing Final Stage PUD approval, revoke the SIPA, and
rezone the land to any other zoning district, following a public hearing to be held by the
City Council.
(a)(c) If there is a lapse of more than 3 years between completion of any individual phase
and in proceeding to any subsequent and successive phase of development as
approved by the SIPA, not withstanding on-going construction within an active phase of
development as approved by the SIPA, the City Council may act after the 3 year period
to revoke the DCPUD, revoke the governing Final Stage PUD approval, revoke the SIPA,
and rezone the land to any other zoning district, following a public hearing to be held by
the City Council.
Amendment to DCPUD. Approved PUDs may be amended upon request by those having
authority to submit an application per this section. from time to time as a result of
unforeseen circumstances, overlooked opportunities, or requests from a developer. At
such a time, the applicant shall make an application to the city for a DCPUD amendment
which shall follow the same process as defined in this section for Development and Final
Stage Permit, which applications shall not run concurrently. Such amendment shall not:
1. Introduce any other principal use inconsistent with this section. In such case,
the application shall request revocation of the DCPUD for that portion of the
1C (48)
25
land proposed for the amended principal use(s) and shall be subject to the
application requirements of this chapter, as applicable;
2. Eliminate, diminish, or vary from the minimum performance standards of this
section;
1.3. Eliminate, diminish, or very from the standards established by the DCPUD
ordinance;
2.4. Amend any Final Stage site improvement plan element required by the
approved DCPUDis section;
3.5. Exceed any maximum or minimum established in the DCPUD Final Stage
narrative;
4.6. Create non-compliance with any condition attached to the approval of the
DCPUD Final Stage plan;
5.7. Create non-compliance with any term or condition of the approved Site Plan
Improvement Agreement.
Revocation. If at any time the facility is in violation of the conditions of approval, including
terms of the Ssite Iimprovement Pplan Aagreement, the Data Center Planned Unit
Development approvals may be revoked by the City Council following a public hearing to be
held by the City Council and the ordinance for DCPUD repealed. Such action shall be by
majority vote of all of the members of the City Council.
§153.090 Use Table – Base Zoning Districts, Industrial Uses, shall hereby be amended
as follows:
Insert Data center/Data center campus
Data center/Data center campus shall be Permitted in DCPUD only and shall be prohibited
in all other zoning districts.
Additional Requirements: §153.045
§153.092 Accessory Use Standards, Table 5-4 shall hereby be amended as follows:
Insert Data center, accessory.
Data center, accessory shall be Conditionally permitted in I-1 and I-2 districts only.
Additional Requirements: May be allowed within approved Planned Unit Development
Districts by amendment to PUD.
§ 153.026 Summary of Decision-Making and Review Bodies, Table 2-1 shall hereby be
amended as follows:
1C (49)
26
Insert Data Center Planned Unit Development
Section 153.045
Review by Community Development Department (R), Planning Commission (H), City
Council (D)
1C (50)
Data Center Timeline Review:
City Land Use Process Events & Actions
10/29/2025
The timeline below illustrates the research, review, and decisions by city council, boards, and commissions related to the
general introduction of data center land uses within the city.
Event & Details Materials
July 22, 2024: City Council Special Meeting
Topic: Data Center Discussion
• Agenda
• Minutes (PDF)
September 23, 2024: Special Joint City Council & Planning Commission & Economic
Development Authority Workshop
Topic: Data Center Discussion & Research
• Agenda
• Minutes (PDF)
February 4, 2025: Planning Commission Regular Meeting
Public Hearing: Item 2A. Comprehensive Plan Amendment for Technology Industry Land Uses
• Agenda
• Minutes (PDF)
February 24, 2025: City Council Regular Meeting
Item 4A. Comprehensive Plan Amendment for Technology Industry Land Uses
• Agenda
• Minutes (PDF)
June 2, 2025: City Council Special Meeting
Topic: Discussion on Data Centers
• Agenda
• Minutes (PDF)
July 1, 2025: Planning Commission Workshop
Topic: Draft Data Center Zoning Ordinance
• Agenda
• Minutes (PDF)
July 21, 2025: Special City Council & Planning Commission Joint Workshop
Topic: Draft Data Center Zoning Ordinance
• Agenda
• Minutes (PDF)
August 19, 2025: Planning Commission Special Meeting
Public Hearing: Item 2. Draft Data Center Zoning Ordinance
• Agenda
• Draft minutes
to be approved
11/3
September 2, 2025: Planning Commission Regular Meeting
Continued Public Hearing: Item 2A. Data Center Zoning Ordinance
• Agenda
• Draft minutes
to be approved
11/3
September 24, 2025: Special City Council & Planning Commission Joint Workshop
Topic: Draft Data Center Zoning Ordinance; Public Question & Answer Following the Workshop
• Agenda
• Minutes Not
Yet Available
October 7, 2025: Special City Council & Planning Commission Joint Workshop
Topic: Draft Data Center Zoning Ordinance
• Agenda
• Minutes (PDF)
November 3, 2025: Special City Council & Planning Commission Joint Workshop
Topic: Draft Data Center Zoning Ordinance
1C (51)
SETBACKS & HEIGHT
CITY OF MONTICELLO
BLOCK 52 | 17.5' SETBACK FROM
PINE ST. / PROPERTY LINE
AROPLAX | 100' SETBACK FROM
CHELSEA / PROPERTY LINE
23.5' HEIGHT
Setbacks : 0-100'
75' HEIGHT
1C (52)
CITY OF MONTICELLO
UMC | 253' SETBACK FROM CHELSEA RD. / PROPERTY LINE
WIHA | 355' SETBACK FROM 7 ST. WTH
50‘ HEIGHT
35‘ HEIGHT
Setbacks : 250'-350'
SETBACKS & HEIGHT
1C (53)
CITY OF MONTICELLO
FLEET FARM | 650' SETBACK FROM CHELSEA RD
Setbacks : 350'+
SETBACKS & HEIGHT
31‘ HEIGHT
(SILO 65')
1C (54)
CITY OF MONTICELLO
F.A.R
FLOOR AREA RATIO
516 E 7TH ST
12.79 ACRE PARCEL
1.739 ACRE BUILDING =
0.13 F.A.R
9668 FALLON
2.00 ACRE PARCEL
0.44 ACRE BUILDING =
0.22 F.A.R
1C (55)
CITY OF MONTICELLO
F.A.R
FLOOR AREA RATIO
10531 DALTON AVE NE
4.68 ACRE PARCEL
1.5 ACRE BUILDING =
0.32 F.A.R
9600 FALLON AVE NE
4.05 ACRE PARCEL
1.39 ACRE BUILDING =
0.34 F.A.R
1C (56)
A Guide to Noise Control in Minnesota
Acoustical Properties, Measurement, Analysis, and Regulation
November 2015
1C (57)
Minnesota Pollution Control Agency
520 Lafayette Road North | Saint Paul, MN 55155-4194 | www.pca.state.mn.us | 651-296-6300
Toll free 800-657-3864 | TTY 651-282-5332
This report is available in alternative formats upon request, and online at www.pca.state.mn.us
Document number: p-gen6-01
Authors
Amanda Jarrett Smith, MPCA
Anne Claflin, MPCA
Melissa Kuskie, MPCA
Editing and graphic design
Tanja Michels
PST Staff
PIO Staff
The Minnesota Pollution Control Agency
(MPCA) is reducing printing and mailing costs by
using the Internet to distribute reports and
information to wider audience. Visit our
website for more information.
MPCA reports are printed on 100% post-
consumer recycled content paper
manufactured without chlorine or chlorine
derivatives.
1C (58)
Foreword
The Minnesota Pollution Control Agency (MPCA) is empowered to enforce the State of Minnesota noise
rules. These rules and supporting acoustical information can be viewed in the document, “A Guide to
Noise Control in Minnesota.” This publication is intended to provide information on the basics of sound
and noise regulation.
Revised 2015
1C (59)
Contents
Foreword ...........................................................................................................................................2
Contents ............................................................................................................................................1
Introduction ......................................................................................................................................1
1. Noise rules in Minnesota ................................................................................................................2
1.1 The basics ................................................................................................................................................... 2
1.2 Noise area classifications ........................................................................................................................... 2
1.3 Common noise concerns ............................................................................................................................ 3
1.4 Regulatory agencies ................................................................................................................................... 4
2. Basics of how sound works .............................................................................................................6
2.1 Waves and sound pressure level ................................................................................................................ 6
2.2 Sound weighting networks ......................................................................................................................... 8
2.3 Human perception of sound ...................................................................................................................... 9
2.4 Using decibel measurements ................................................................................................................... 10
3. Measurement procedures ............................................................................................................ 13
3.1 General procedures .................................................................................................................................. 13
3.2 Noise Test Procedure 1: Measurement procedure for non-impulsive noise ........................................... 14
3.3 Noise Test Procedure 2: Manual measurement procedure for non-impulsive noise .............................. 14
4. Minnesota noise pollution statutes and rules ................................................................................ 18
Minn. Rules § 7030 NOISE POLLUTION CONTROL .......................................................................................... 19
Minn. Stat. § 86B WATERCRAFT OPERATION ................................................................................................. 27
Minn. Stat. § 84.8 SNOWMOBILES ................................................................................................................. 29
Minn. Stat. § 87A. SHOOTING RANGES .......................................................................................................... 31
Minn. Rules § 6102, RECREATIONAL VEHICLES .............................................................................................. 31
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A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency
1
Introduction
Noise is a pollutant. While its physical and emotional effects are difficult to define quantitatively, the
noise level itself can be measured.
Sound: An alteration of pressure that propagates through an elastic medium such as air and produces an
auditory sensation.
Noise: Any undesired sound.
The Minnesota Pollution Control Agency (MPCA) is empowered to enforce the State of Minnesota noise
rules (Minn. Rules Ch. 7030). Minnesota’s primary noise limits are set by “noise area classifications”
(NACs) based on the land use at the location of the person that hears the noise. They are also based on
the sound level in decibels (dBA) over ten percent (L10), or six minutes, and fifty percent (L50), or thirty
minutes, of an hour.
For residential locations (NAC 1), the limits are L10 = 65 dBA and L50 = 60 dBA during the daytime
(7:00 a.m. – 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime (10:00 p.m. – 7:00 a.m.)
(Minn. R. 7030.0040). This means that during a one-hour period of monitoring, daytime noise levels
cannot exceed 65 dBA for more than 10 percent of the time (six minutes) and cannot exceed 60 dBA
more than 50 percent of the time (30 minutes).
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A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency
2
1. Noise rules in Minnesota
1.1 The basics
Minnesota’s noise pollution rules are based on statistical calculations that quantify noise levels over a
one-hour monitoring period. The L10 calculation is the noise level that is exceeded for 10 percent, or six
minutes, of the hour, and the L50 calculation is the noise level exceeded for 50 percent, or 30 minutes, of
the hour. There is not a limit on maximum noise.
The statutory limits for a residential location are L10 = 65 dBA and L50 = 60 dBA during the daytime (7:00
a.m. – 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime (10:00 p.m. – 7:00 a.m.)
(Minn. R. 7030.0040). This means that during the one-hour period of monitoring, daytime noise levels
cannot exceed 65 dBA for more than 10 percent of the time or 60 dBA more than 50 percent of the
time.
The basic noise rules for other noise area classifications are:
Noise Area
Classification
Daytime Nighttime
L10 L50 L10 L50
1 65 60 55 50
2 70 65 70 65
3 80 75 80 75
1.2 Noise area classifications
Noise area classifications (NAC) are based on the land use at the location of the person who hears the
noise, which does not always correspond with the zoning of an area. Therefore, noise from an industrial
facility near a residential area is held to the NAC 1 standards if it can be heard on a residential property.
Some common land uses associated with the NACs include:
NAC 1: Residential housing, religious activities, camping and picnicking areas, health services,
hotels, educational services
NAC 2: Retail, business and government services, recreational activities, transit passenger
terminals
NAC 3: Manufacturing, fairgrounds and amusement parks, agricultural and forestry activities
NAC 4: Undeveloped and unused land
Note that, although there is a NAC 4, there are no noise standards for these areas. The full list of NAC
land uses can be found starting on page 21 of this guide or in Minnesota Rule 7030.0050.
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A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency
3
1.3 Common noise concerns
By Minnesota law, the MPCA is empowered to enforce the state’s noise rules. Many other agencies and
levels of government, however, have an important role to play in upholding the noise standards.
Depending on the source and location of the noise, some agencies may be in a better position than
others to help citizens with noise concerns.
Industrial facilities
The MPCA enforces noise standards at facilities for which it has issued an air permit. For complaints
about noise at one of these facilities, please use the Online Citizen Complaints Form. If you prefer, you
may call the MPCA to make your complaint: 651-296-6300 within the Twin Cities metropolitan area or
1-800-657-3864 if you are outside of this area.
Local land uses
Local law enforcement agencies are empowered to enforce Minnesota state rules and laws relating to
the prevention and control of pollution (Minn. Stat. 115.071). Many local governments also have
nuisance noise ordinances or general public nuisance ordinances that can be used to enforce local noise
concerns.
Local governments are required to take reasonable measures to prevent the approval of land use
activities that will violate the state noise standard immediately upon establishment of the land use
(Minn. R. 7030.0030). Municipalities should consider the state noise standard when reviewing and
approving new projects in their jurisdiction. The MPCA can provide some expertise to support this
review process. Please contact noise.pca@state.mn.us.
Roads and highways
The Minnesota Department of Transportation (MnDOT) handles complaints about noise on highways
and other roads it manages. According to Minn. Stat. 116.07.2a, most roads are exempt from
Minnesota’s state noise rules. MnDOT does, however, have policies, agreed on with the MPCA, for
providing noise mitigation when it is determined to be both feasible and reasonable. MPCA reviews
some MnDOT projects and noise mitigation decisions. For further information on MnDOT’s noise
policies, please visit its website.
Vehicles
Minn. R.7030.1000-1060 outlines Minnesota’s state rules relating to motor vehicle noise. In addition to
the state rules, local governments may have nuisance sound ordinances, which are often easier to
enforce than the state rule. As with noise relating to local land-use decisions, contacting your local
government or law enforcement is your best course of action.
Airplanes
The Metropolitan Airports Commission (MAC) responds to all concerns regarding noise relating to
aircraft or the airports. For more information, please see its website.
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Snowmobiles, off-highway vehicles, and motor boats
The Minnesota Department of Natural Resources (MDNR) has source-specific noise rules for
snowmobiles (Minn. R. 6100.5700.5), off-highway vehicles (Minn. R. 6102.0040.4), and motor boats
(Minn. Stat. 86B.321), requiring them to be equipped with proper mufflers and conform to certain noise
standards. For more information on MDNR regulations for snowmobiles, off-highway vehicles, and
boats, please visit its website.
Mining
The MDNR also has source-specific rules to restrict noise and vibrations from different types of metallic
mining operations (Minn. R. 6130.3900 and 6132.2900). Local governments are relied upon to consider
noise when approving and permitting sand and gravel mining operations. The MPCA enforces noise
standards at mining facilities for which it has issued an air permit. For complaints about noise at one of
these facilities, please use the Online Citizen Complaints Form. If you prefer, you may call the MPCA to
make your complaint: 651-296-6300 within the Twin Cities metropolitan area or 1-800-657-3864 if you
are outside of this area.
Gun clubs
Minn. Stat. 116.07.2a exempts gun clubs from the receiver-based noise standards administered by the
MPCA. However, Minn. Stat. 87A includes some standards regarding gun club noise. Through this
statute, the MDNR is authorized to regulate gun club noise. For further information, please visit its
website.
Motor vehicle race track
Minn. Stat. 116.07.2a exempts motor vehicle race tracks built before July 1, 1996 from Minnesota’s
noise standards. All tracks built since that date must comply with the noise rules. Local governments
have often been successful in working with exempt tracks to mitigate noise concerns by establishing
time and date restrictions, muffler requirements, and noise barriers.
1.4 Regulatory agencies
Several agencies have noise regulations for different noise sources. Noise rules either set standards
based on the source of the noise (source standards) or based on who hears the noise (receiver-based
standards).
Minnesota Pollution Control Agency - The MPCA has a receiver-based standard intended to limit noise
levels and protect the health and welfare of the general public. The MPCA enforces the standard at
facilities for which the agency issues air quality permits. The MPCA also works with other agencies and
levels of government to enforce noise standards and reduce violations through pre-construction project
reviews.
Local Agencies - Local governing agencies, such as a cities and counties, are relied upon to enforce noise
standards relating to local land use and often have ordinances regulating noise levels. They are also
responsible for not allowing land uses that would immediately violate the state noise standard. For
instance, local governments should be cautious of allowing a loud local utility facility to locate in a
residential area.
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Minnesota Department of Natural Resources - The MDNR has source standards for snowmobiles,
motorboats, personal watercraft, off-highway vehicles, and gun clubs. MDNR also has source standards
for metallic mining operations. For more information, see its website.
Metropolitan Airport Commission - The MAC is responsible for all noise issues related to the
Minneapolis-St. Paul International Airport and reliever airports. For more information, see its website.
Federal Aviation Administration - The FAA has source regulations for commercial jet engines. All
commercial jet engines must meet noise emission criteria prior to being certified for flight. However, the
Metropolitan Airport Commission is the best contact for noise concerns related to its airports.
Additional information on the FAA’s noise standards can be found on its website.
Minnesota Department of Transportation – MnDOT is responsible for state highway noise mitigation. It
works with the Federal Highway Administration (FHWA) and the MPCA to evaluate road projects for
noise impacts and possible mitigation measures. For more information see the Department’s website.
Federal Highway Administration (FHWA) - The FHWA does not have actual noise standards, but has a
70 dBA L10 guideline that is used to determine federal funding for noise abatement on highway projects.
New highway projects must go through a noise impact analysis and be considered for abatement
measures. Information on FHWA’s noise policies can be found on its website.
Federal Railroad Administration (FRA) - Regulation of railroad-related noise is the responsibility of the
FRA. For more information see the Administration’s website and to contact them about a noise concern,
call 1-800-724-5040.
Occupational Safety and Health Administration (OSHA) - OSHA has regulations to protect against
hearing loss in the workplace. These are “dose standards” that restrict the amount of noise an employee
receives over a period of time, such as eight hours. For additional information, visit OSHA’s website.
Housing and Urban Development (HUD) - HUD has noise regulations that establish acceptable noise
zones for HUD housing projects. More information can be found on HUD’s website.
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2. Basics of how sound works
2.1 Waves and sound pressure level
Sound travels in a wave motion through the air to our ears. A good way to imagine wave motion is with
a weight hanging from a spring. Picture the following diagram (Figure 1) as a single weight and spring
combination varying as time progresses along the horizontal axis.
In Figure 1 the first position of the weight on the spring is at rest with no forces exerted upon the
system. If the weight is raised above its point of rest and the progression of the weight moving down
and up again is observed over a period of time, a wave form is produced.
The amplitude of the moving weight is labeled as “A” in Figure 1 and corresponds with the maximum
movement of the weight from its “at rest” position to the peak of the wave form either up or down. We
hear changes in amplitude as changes in volume.
The period of the vibration is the amount of time taken to produce one complete cycle or, in this
example, how quickly the weight moves from top to bottom and back. The number of cycles per second
defines the frequency of the periodic (up and down) motion, which is given the unit of hertz, or Hz. We
hear different frequencies as higher or lower pitched sounds.
Figure 1. Weight on a spring – example of periodic motion
Figure 1. Weight on a spring – example of periodic motion
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Figure 2 shows how the weight on a string (two-dimensional) example of sound waves compares to the
compression and expansion of sound waves through space (three-dimensional).
The graphical representation of sound waves in Figure 2 is of pure tones, which are sounds made up of a
single frequency. A familiar example of a pure tone is the sound produced when a single key of a piano is
pressed. For instance, the middle C key on a piano vibrates the associated wire at a rate of
approximately 260 times per second or 260 Hertz. The vibration of the wire transfers its motion to the
sound board of the piano, which then vibrates at the same frequency, causing the air adjacent to the
sound board to form compression and expansion waves in the air emitting outward from the sound
board. When received by the human ear, this is regarded as sound. Most sounds are not pure tones, but
a mixture of tones of varying amplitude, frequency, and duration.
The intensity of a sound is the amount of sound energy at a given moment in a given area. The sound
pressure level, measured in a unit called the decibel, or dB, is the ratio between the intensity of a sound
and that of a reference pressure, which is the threshold of perception. The decibel is a logarithmic
measurement which can accommodate a large range of values. The human ear can detect sounds more
than a million times quieter than a jet aircraft during take-off; therefore, to have a system with a
manageable range of numbers, the logarithm is used.
Sound pressure level = 20 Log10 * (Measured Sound Pressure / Reference Pressure)
Reference Pressure = 0.00002 Newtons / (meter)2
Figure 2. Comparison of periodic motion to sound waves
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Many different properties affect the noise level of a specific source type. For example, three lawn
mowers may have three different noise levels because of differences in each specific piece of
equipment. Noise level also depends on the distance from the noise source and features of the
surrounding environment.
Figure 3 provides a rough estimate of decibel levels of some common noise sources.
2.2 Sound weighting networks
Sound level meters (SLM) used for monitoring can pick up sounds as a perfect computer, but the human
ear is not as precise. The human ear cannot hear very low frequencies or very high frequencies.
Weighting networks are used in noise monitors to adjust specific frequencies in the audio spectrum to
attempt to duplicate the response of the human ear.
The C-weighting network represents the actual sound pressure level that is received by the sound level
meter, and does not noticeably vary in its amount of compensation throughout the audio spectrum.
C-weighting is used during the calibration of sound level meters to ensure that the sound level displayed
on the meter is accurate and the same as the frequency of the calibrator.
The A-weighting network is used to duplicate the sensitivity of the human ear. At 100 Hertz, the
A-weighting network filters out approximately 20 dB from the incoming signal before it is combined with
the levels from the other frequency ranges to produce an A-weighted sound level.
Figure 3. Decibel levels of common noise sources
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The graph in Figure 4 represents the sensitivity of the human ear in comparison to the compensation of
a C-weighting network and an A-weighting network. This illustration is useful in understanding how the
ear is inefficient in the detection of lower frequencies and is very sensitive to higher frequencies.
2.3 Human perception of sound
Sound has qualitative aspects that can be described with adjectives and quantitative aspects that can be
described with measurements. Sound can be qualitatively perceived as pleasant or annoying, and
quantitatively (as loudness) measured in terms of decibels.
Changes in loudness are described on a logarithmic scale because the human ear can hear such a wide
range of sound levels. The human ear can usually tell the difference when sound changes by 3 dBA and a
5 dBA change is clearly noticeable. Because of how the logarithmic scale functions in compressing the
measurements associated with sounds, an increase of 10 dBA sounds twice as loud.
Figure 4. Weighting networks with sound measurements done in the A-weighting
network are reported with the unit dBA
Figure 5. Change in decibel level and perceived change in loudness
± 1 dBA…………………….. Not Noticeable
± 3 dBA…………………….. Threshold of Perception
± 5 dBA…………………….. Noticeable Change
± 10 dBA…………………… Twice (Half) As Loud
± 20 dBA…………………… Four Times (One Fourth) As
Loud
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Figure 6. Distance attenuation of noise levels from a point source (top) and a line source (bottom)
2.4 Using decibel measurements
Addition and subtraction of decibels is often necessary for estimating total noise levels or background
noise. Because decibels are measured using a logarithmic scale, conventional linear mathematics cannot
be used. The following rules of thumb provide a good estimate of the effect that type, distance, and
number of sources have on measured sound pressure level.
Sound propagation and sources
Sources of sound can be defined as point or line sources, based on the way sound pressure waves
spread away from the source. Sound waves move out from sources in a way similar to waves traveling
away from a rock dropped in a pond. A point source, like a factory, emits sound that spreads out in a
sphere. A line source, like a busy highway, emits sound that spreads out in a cylinder. Knowing the
sources of sounds makes it possible to make assumptions about how the sound behaves.
Distance attenuation
Over distance, sound attenuates, or is reduced in amplitude, and is perceived as becoming quieter. This
occurs as the sound travels outward to an increasingly larger sphere or cylinder, and the energy per unit
of area decreases. These basic principles allow us to make generalized assumptions about sound.
When the distance is doubled from a line source, the sound level decreases three decibels.
Example: If a sound level is: 70 decibels at 50 feet it will be
67 decibels at 100 feet, and
64 decibels at 200 feet
When the distance is doubled from a point source, the sound level decreases six decibels (Figure 6).
Example: If a sound level is: 70 decibels at 50 feet it will be
64 decibels at 100 feet, and
58 decibels at 200 feet
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Number of sources
In many situations pertaining to noise control and monitoring, it is very useful to be able to add and
subtract multiple sources of sound. This can be done with principles similar to how sound attenuation
over distance is estimated.
A doubling of sound energy yields an increase of three decibels. For example, each generator at a
factory produces sound that is measured at 70 decibels, so running one generator would create sound
measured at 70 dBA, turning on a second generator would increase sound by 3 dBA to 73 dBA, and
doubling again to four generators would increase sound levels to 76 dBA. Figure 7 illustrates this
principle.
In the same way, reducing the number of sources by half will reduce the sound pressure by 3 dBA.
Consider the perception of changes in decibel levels (Figure 5) compared to the example of addition or
subtraction of sources (Figure 7). Doubling sources yields an increase of 3 dBA, which is a change that is
just perceptible.
Background noise
Background, or ambient, noise consists of all noise sources other than the noise source of concern. This
can include traffic, animals, machinery, voices, and other sounds.
Wind is often a major source of ambient noise and can frequently be a problem when trying to monitor
a specific source of noise. The MPCA’s noise test procedures state that measurements should not be
made when noise from wind or precipitation results in a difference of less than 10 dBA between the
background sound level and noise source being measured. In practice, this means that wind speeds
must be below 11 mph when making noise measurements and rainy weather conditions should be
avoided. When background noise is less than 10 dBA from the decibel level of the noise source to be
measured, confidence in the accuracy of the measurement decreases.
Figure 7. Addition and subtraction of decibel levels
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In certain instances, when a single noise source is analyzed along with other noise sources, correction
factors can be used to isolate the noise source being monitored and calculate its individual noise level.
This is done by measuring and recording the total noise level of all sources. Next, the noise source to be
isolated is turned off and a noise level reading is taken with all the other existing noise sources in
operation. The background noise level is then subtracted from the total noise level. The result is used in
conjunction with the following background noise correction chart (Figure 8) to find the approximate
noise level of the source.
Figure 8 is a graph used to estimate the amount of background noise influencing a measurement. Based
on the measured background noise it gives the corresponding decibel level to be subtracted from the
total measurement to determine the decibel level of the noise source being monitored.
For example, if the total noise level is 74 dBA, and then falls to 70 dBA when the source of interest is
turned off, the difference of four decibels between the total noise level and background noise indicates
that two decibels should be subtracted from the total. This means that a 72 dBA noise level can be
attributed to the monitored source in the absence of background noise.
Figure 8. Background noise correction
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3. Measurement procedures
This guide contains two measurement procedures. The general protocols remain the same, but your
choice of procedure depends on the capabilities of your sound level meter (SLM). Noise Test Procedure
1 (NTP-1) should be used if your SLM is capable of calculating monitoring results and Noise Test
Procedure 2 (NTP-2) should be used if your SLM only displays instantaneous readings.
3.1 General procedures
Sound level meter
Your sound level meter and microphone must comply with the specifications for ANSI S1.4-1983 Type 0,
1, 2, or S.
Calibration
You must also have a calibrator of a known frequency and sound level. Calibrators should be compared
to a lab standard periodically. Calibration must be performed before and after the monitoring period.
Adjustments should be made if necessary.
Weather conditions
Measurements should not be made when noise from wind or precipitation results in a difference
between the background sound level and noise source being measured that is less than 10 dBA. In
practice, this means that wind speeds must be below 11 mph and rainy weather conditions should be
avoided. Temperature and humidity should be within equipment specifications.
Background noise
As mentioned in the previous section, background noise is any ambient noise other than the noise to be
measured, including wind, precipitation, traffic, etc. The difference between the sound level of the
source being monitored and that of the background noise must be less than 10dBA. See page 11 for
suggestions on how to correct for background noise.
Location of measurement
Properly choosing a monitoring location is an important consideration. Measurements should be made
in the appropriate NAC, at the area of normal outdoor human activity nearest to the noise source. The
monitoring location may not necessarily be at the property line; for instance, if the property of the
complainant is large and residential outdoor activity is limited to a backyard patio (possibly such as on a
farm).
Measurements must be made outdoors from at least three feet off of the ground (a tripod is helpful for
this). Another important part of site selection is the consideration of errors caused by reflecting objects,
such as a house or other large manmade or natural structures. Measurements should be made at least
as far away from any large reflecting object as from the noise source being measured. If this is not
possible, stay at least 30 feet from structures.
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Documentation of measurement
A survey form must be completed containing date, time, location, noise source, wind speed/direction,
temperature, humidity, equipment information (make, model, serial number), site sketch with the
location of the noise source and measurement location (including appropriate distances), data and
calibration information. A sample survey form can be found on page 16.
3.2 Noise Test Procedure 1: Measurement procedure for non-
impulsive noise
The following test procedure has been approved by the Commissioner of the MPCA for the
measurement of non-impulsive noise. The general procedures described above (3.1 General procedures)
should be followed whether you are using the NTP-1 or NTP-2 procedures.
Instrumentation:
Sound level meter and a microphone conforming to type 0, 1, 2, or S specifications under ANSI S1.4-
1983
Calibrator of known frequency and level
Small screwdriver for sensitivity adjustment
Microphone windscreen
Noise survey form
Tripod (optional)
Monitoring procedure:
Monitoring must be conducted for at least a one hour time period. Sound meter must use the "A"
weighting and FAST response characteristics. Follow your manufacturer instructions to obtain the L10
and L50 results.
3.3 Noise Test Procedure 2: Manual measurement procedure for non-
impulsive noise
The following test procedure has been approved by the Commissioner of the MPCA for the
measurement of non-impulsive noise. The general procedures described above (3.1 General procedures)
should be followed whether you are using the NTP-1 or NTP-2 procedures. The NTP-2 procedure is to be
used with SLMs that cannot calculate noise statistics and only provide instantaneous readings.
Instrumentation:
Sound level meter and a microphone conforming to type 0, 1, 2, or S specifications under ANSI S1.4-
1983
Calibrator of known frequency and level
Small screwdriver for sensitivity adjustment
Microphone windscreen
Noise survey form
Tripod (optional)
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Manual monitoring procedure:
Using a hand-held SLM, take an instantaneous sound reading every 10 seconds and record on a data
sheet. A partner is very helpful.
Continue taking sound readings for one hour, which will give you 360 individual readings. Figure 9
provides an example of a manual monitoring data sheet.
To determine the L10, take the 36th loudest (10 percent of 360 = 36) individual sound reading by
counting from the loudest to the quietest on the data sheet. For example, in Figure 9, the L10 = 63 and is
the 36th X from the top of the sheet.
To determine the L50, take the 180th loudest (50 percent of 360 = 180) individual sound reading. In
Figure 9, the L50 = 57 and represents the 180th X from the top of the sheet.
Figure 9. Example manual monitoring data sheet
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Noise survey
Investigator ______________________________________ Date _________________________
SLM Manufacturer and Model _______________________ Serial Number_________________
Calibrator Manufacturer and Model ____________________________________________________
Calibrator Serial Number____________________________ Calibrator Frequency (Hz) ____________
Initial Calibration (dBA) ___________ Final Calibration (dBA) ___________
Meteorological Conditions: Wind Speed ________ Direction ________ Temperature________
Source ________________________________________________________________________
Monitor Location _______________________________________________________________
Time Start _______________ Time End _________________
Results L10 _________dBA L50 _________dBA
Diagram (Indicate noise source, receiver, microphone location, reflecting objects, obstructions,
landmarks, and distances)
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4. Minnesota noise pollution statutes and rules
Minn. Stat. § 116.07 POWERS AND DUTIES.
Subdivision 1. Generally. In addition to any powers or duties otherwise
prescribed by law and without limiting the same, the Pollution Control Agency shall have
the powers and duties hereinafter specified.
Subd. 2. Adoption of standards. (c) The Pollution Control Agency shall also
adopt standards describing the maximum levels of noise in terms of sound pressure
level which may occur in the outdoor atmosphere, recognizing that due to variable
factors no single standard of sound pressure is applicable to all areas of the state. Such
standards shall give due consideration to such factors as the intensity of noises, the
types of noises, the frequency with which noises recur, the time period for which noises
continue, the times of day during which noises occur, and such other factors as could
affect the extent to which noises may be injurious to human health or welfare, animal or
plant life, or property, or could interfere unreasonably with the enjoyment of life or
property. In adopting standards, the Pollution Control Agency shall give due recognition
to the fact that the quantity or characteristics of noise or the duration of its presence in
the outdoor atmosphere, which may cause noise pollution in one area of the state, may
cause less or not cause any noise pollution in another area of the state, and it shall take
into consideration in this connection such factors, including others which it may deem
proper, as existing physical conditions, zoning classifications, topography,
meteorological conditions and the fact that a standard which may be proper in an
essentially residential area of the state, may not be proper as to a highly developed
industrial area of the state. Such noise standards shall be premised upon scientific
knowledge as well as effects based on technically substantiated criteria and commonly
accepted practices. No local governing unit shall set standards describing the maximum
levels of sound pressure which are more stringent than those set by the Pollution
Control Agency.
Subd. 2a. Exemptions from standards No standards adopted by any state
agency for limiting levels of noise in terms of sound pressure which may occur in the
outdoor atmosphere shall apply to (1) segments of trunk highways constructed with
federal interstate substitution money, provided that all reasonably available noise
mitigation measures are employed to abate noise, (2) an existing or newly constructed
segment of a highway, provided that all reasonably available noise mitigation measures,
as approved by the commissioners of the Department of Transportation and Pollution
Control Agency, are employed to abate noise, (3) except for the cities of Minneapolis
and St. Paul, an existing or newly constructed segment of a road, street, or highway
under the jurisdiction of a road authority of a town, statutory or home rule charter city,
or county, except for roadways for which full control of access has been acquired, (4)
skeet, trap or shooting sports clubs, or (5) motor vehicle race events conducted at a
facility specifically designed for that purpose that was in operation on or before July 1,
1996. Nothing herein shall prohibit a local unit of government or a public corporation
with the power to make rules for the government of its real property from regulating
the location and operation of skeet, trap or shooting sports clubs, or motor vehicle race
events conducted at a facility specifically designed for that purpose that was in
operation on or before July 1, 1996.
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Minn. Rules § 7030 NOISE POLLUTION CONTROL
7030.0010 INCORPORATION BY REFERENCE.
For the purpose of chapter 7030, American National Standards Institute, Specification
for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is
available from the American National Standards Institute, 1430 Broadway, New York,
N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency,
1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents
Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South,
Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr.
Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject
to frequent change.
The Federal Highway Administration publication, Sound Procedures for
Measuring Highway Noise: Final Report, FHWA-DP-45-1R (August 1981) is incorporated
by reference. This publication is available from the United States Department of
Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington,
Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control
Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government
Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th
Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library,
25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is
not subject to frequent change.
7030.0020 DEFINITIONS.
Subpart 1. Application. The terms used in this chapter have the meanings given
them in this part.
Subp. 2. A-weighted. "A-weighted" means a specific weighting of the sound
pressure level for the purpose of determining the human response to sound. The
specific weighting characteristics and tolerances are those given in American National
Standards Institute S1.4-1983, section 5.1.
Subp. 3. Daytime. "Daytime" means those hours from 7:00 a.m. to 10:00 p.m.
Subp. 4. dB(A). "dB(A)" means a unit of sound level expressed in decibels (dB)
and A-weighted.
Subp. 5. Decibel. "Decibel" means a unit of sound pressure level, abbreviated as
dB.
Subp. 6. Impulsive noise. "Impulsive noise" means either a single sound
pressure peak (with either a rise time less than 200 milliseconds or total duration less
than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than
200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200
millisecond pauses.
Subp. 7. L10. "L10" means the sound level, expressed in dB(A), which is exceeded
ten percent of the time for a one hour survey, as measured by test procedures approved
by the commissioner.
Subp. 8. L50. "L50" means the sound level, expressed in dB(A), which is exceeded
50 percent of the time for a one hour survey, as measured by test procedures approved
by the commissioner.
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Subp. 9. Municipality. "Municipality" means a county; a city; a town; a regional
planning and development commission established under Minnesota Statutes, chapter
473; the metropolitan council; or other governmental subdivision of the state
responsible by law for controlling or restricting land use within its jurisdiction.
Subp. 10. Nighttime. "Nighttime" means those hours from 10:00 p.m. to 7:00
a.m.
Subp. 11. Person. "Person" means any human being, any municipality or other
governmental or political subdivision or other public department or agency, any public
or private corporation, any partnership, firm, association, or other organization, any
receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal
representative of any of the foregoing, but does not include the agency.
Subp. 12. Sound pressure level. "Sound pressure level", in decibels, means 20
times the logarithm to the base 10 of the ratio of the pressure to the reference
pressure. The reference pressure shall be 20 micronewtons per square meter.
7030.0030 NOISE CONTROL REQUIREMENT.
No person may violate the standards established in part 7030.0040, unless exempted by
Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to
regulate land use shall take all reasonable measures within its jurisdiction to prevent the
establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in
any location where the standards established in part 7030.0040 will be violated
immediately upon establishment of the land use.
7030.0040 NOISE STANDARDS.
Subpart 1. Scope. These standards describe the limiting levels of sound
established on the basis of present knowledge for the preservation of public health and
welfare. These standards are consistent with speech, sleep, annoyance, and hearing
conservation requirements for receivers within areas grouped according to land
activities by the noise area classification (NAC) system established in part 7030.0050.
However, these standards do not, by themselves, identify the limiting levels of impulsive
noise needed for the preservation of public health and welfare. Noise standards in
subpart 2 apply to all sources.
Subp. 2. Noise standards.
Noise Area
Classification
Daytime Nighttime
L10 L50 L10 L50
1 65 60 55 50
2 70 65 70 65
3 80 75 80 75
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7030.0050 NOISE AREA CLASSIFICATION.
Subpart 1. Applicability. The noise area classification is based on the land use
activity at the location of the receiver and determines the noise standards applicable to
that land use activity unless an exception is applied under subpart 3.
Subp. 2. Noise area classifications. The noise area classifications and the
activities included in each classification are listed below:
Noise Area
Classification
Land Use Activities
1
Household Units (includes farm houses) Transient lodging
Group quarters Mobile home parks or courts
Residential hotels Other residential
Cultural activities and nature exhibitions Medical and other health services
Correctional institutions Educational services
Religious activities Motion picture production
Entertainment assembly Resorts and group camps
Camping and picnicking areas
(designated)
Other cultural, entertainment, and
recreational activities.
2
Railroad terminals (passenger) Bus passenger terminals (intercity)
Railroad terminals (passenger and
freight)
Bus passenger terminals (local)
Rapid rail transit and street railway
passenger terminals
Bus passenger terminals (intercity and
local)
Other motor vehicle transportation Marine terminals (passenger)
Airport and flying field terminals
(passenger)
Marine terminals (passenger and freight)
Airport and flying field terminals
(passenger
and freight)
Automobile parking
Telegraph message centers Transportation services and
arrangements
Wholesale trade Retail trade -- apparel and accessories
Retail trade -- building materials,
hardware, and farm equipment
Retail trade -- automotive, marine craft,
aircraft, and accessories
Retail trade -- general merchandise Retail trade -- furniture, home
furnishings, and equipment
Retail trade -- food Retail trade -- eating and drinking
Other retail trade Finance, insurance, and real estate
services
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Personal services Repair services
Business services Legal services
Other professional services Contract construction services
Governmental services (except
correctional institutions)
Miscellaneous services (except religious
activities)
Public assembly (except entertainment
assembly and race tracks)
Amusements (except fairgrounds and
amusement parks)
Recreational activities (except
designated camping and picnicking
areas)
Parks.
3
Food and kindred products --
manufacturing
Textile mill products -- manufacturing
Apparel and other finished products
made from fabrics, leather,
and similar materials -- manufacturing
Lumber and wood products (except
furniture) -- manufacturing
Furniture and fixtures -- manufacturing Printing, publishing, and allied industries
Paper and allied products --
manufacturing
Chemicals and allied products --
manufacturing
Petroleum refining and related industries Primary metal industries
Rubber and miscellaneous plastic
products -- manufacturing
Stone, clay, and glass products --
manufacturing
Professional, scientific, and controlling
instruments; photographic and optical
goods; watches and clocks --
manufacturing
Railroad, rapid transit, and street railway
transportation (except passenger
terminals)
Miscellaneous manufacturing (except
motion picture production)
Fabricated metal products --
manufacturing
Motor vehicle transportation (except
passenger terminals)
Aircraft transportation (except passenger
terminals)
Marine craft transportation (except
passenger and freight terminals)
Communication (except telegraph
message centers)
Highway and street right-of-way Utilities
Race tracks
Fairgrounds and amusement parks Agricultural
Agricultural and related activities Fishing activities and related services
Other transportation, communication,
and utilities (except transportation
services and arrangements)
Forestry activities and related services
(including commercial forest land, timber
production, and other related activities)
All other activities not otherwise listed.
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4
Undeveloped and unused land area
(excluding non-commercial forest
development)
Non-commercial forest development
Water areas Vacant floor area
Under construction Other undeveloped land and water
areas.
Subp. 3. Exceptions. The noise area classification for a land use may be changed
in the following ways if the applicable conditions are met.
A. The daytime standards for noise area classification 1 shall be applied to
noise area classification 1 during the nighttime if the land use activity does not include
overnight lodging.
B. The standards for a building in a noise area classification 2 shall be
applied to a building in a noise area classification 1 if the following conditions are met:
(1) the building is constructed in such a way that the exterior to interior
sound level attenuation is at least 30 dB(A);
(2) the building has year-round climate control; and
(3) the building has no areas or accommodations that are intended for
outdoor activities
C. The standards for a building in a noise area classification 3 shall be
applied to a building in a noise area classification 1 if the following conditions are met:
(1) the building is constructed in such a way that the exterior to interior
sound level attenuation is at least 40 dB(A);
(2) the building has year-round climate control; and
(3) the building has no areas or accommodations that are intended for
outdoor activities.
D. The standards for a building in a noise area classification 3 shall be
applied to a building in a noise area classification 2 if the following conditions are met:
(1) the building is constructed in such a way that the exterior to interior
sound level attenuation is at least 30 dB(A);
(2) the building has year-round climate control; and
(3) the building has no areas or accommodations that are intended for
outdoor activities.
7030.0060 MEASUREMENT METHODOLOGY.
Subpart 1. Measurement location. Measurement of sound must be made at or
within the applicable NAC at the point of human activity which is nearest to the noise
source. All measurements shall be made outdoors.
Subp. 2. Equipment specifications. All sound level measuring devices must
meet Type O, I, II, or S specifications under American National Standards Institute S1.4-
1983.
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Subp. 3. Calibration. All sound level measuring devices must, at a minimum, be
externally field calibrated before and after monitoring using a calibration device of
known frequency and sound pressure level.
Subp. 4. Measurement procedures. The following procedures must be used to
obtain representative sound level measurements:
A. Measurements must be made at least three feet off the ground or
surface and away from natural or artificial structures which would prevent an accurate
measurement.
B. Measurements must be made using the A-weighting and fast response
characteristics of the sound measuring device as specified in American National
Standards Institute S1.4-1983.
C. Measurements must not be made in sustained winds or in precipitation
which results in a difference of less than ten decibels between the background noise
level and the noise source being measured.
D. Measurements must be made using a microphone which is protected
from ambient conditions which would prevent an accurate measurement.
Subp. 5. Data documentation. A summary sheet for all sound level
measurements shall be completed and signed by the person making the measurements.
At a minimum, the summary sheet shall include:
A. Date
B. Time
C. Location
D. Noise source
E. Wind speed and direction
F. Temperature
G. Humidity
H. Make, model, and serial number of measuring equipment
I. Field calibration results
J. Monitored levels
K. Site sketch indicating noise source, measurement location, directions,
distances, and obstructions.
7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY.
Subpart 1. Purpose. Sound level measurements made for assessing sound
attenuation as specified in part 7030.0050, subpart 3, item B, C, or D, shall be made
according to the requirements of this part.
Subp. 2. Equipment. The equipment shall meet the requirements specified in
part 7030.0060, subpart 2.
Subp. 3. Calibration. The equipment must meet the calibration requirements
specified in part 7030.0060, subpart 3.
Subp. 4. Measurement procedure.
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The measurement procedure described in FHWA-DP-45-1R, section 8 must be used for
determination of the sound attenuation.
Subp. 5. Equivalent methods. Methods equivalent to those described in subpart
4 may be used provided they are approved by the commissioner of the Minnesota
Pollution Control Agency. The commissioner shall approve an alternative method if the
commissioner finds that the method will produce representative data and results which
are as reliable as the methods specified in subpart 4.
7030.0080 VARIANCE.
If, upon written application of the responsible person, the agency finds that by reason of
exceptional circumstances strict conformity with any provisions of any noise rule would
cause undue hardship, would be unreasonable, impractical, or not feasible under the
circumstances, the agency may permit a variance upon the conditions and within the
time limitations as it may prescribe for the prevention, control, or abatement of noise
pollution in harmony with the intent of the state and any applicable federal laws.
7030.1000 DEFINITION.
"Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad
tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes
vehicles known as trackless trolleys which are propelled by electric power obtained from
overhead trolley wires but not operated upon rails, except snowmobiles.
7030.1010 PROHIBITIONS.
Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle
or combination of vehicles of a type subject to registration pursuant to Minnesota
Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or
deceleration in such a manner as to exceed the noise limits contained herein for the
category of motor vehicle and speed limits specified, when tested with a measurement
procedure approved by the commissioner.
Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor
vehicle or combination of vehicles of a type subject to registration pursuant to
Minnesota Statutes, chapter 168 which when maintained according to the
manufacturer's specifications would exceed the noise limits contained herein for the
category of motor vehicle and speed limits specified, when tested with a measurement
procedure approved by the commissioner.
Subp. 3. Modification of vehicle. No person shall modify a motor vehicle or
combination of vehicles of a type subject to registration pursuant to Minnesota
Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by
the vehicle, above the noise limits contained herein for the category of motor vehicle
and speed limits specified, when tested with a measurement procedure approved by
the commissioner. No person shall operate a motor vehicle so modified.
Subp. 4. Sale of parts. No person shall sell or offer for sale replacement or
additional parts for a motor vehicle or combination of vehicles of a type subject to
registration pursuant to Minnesota Statutes, chapter 168 which when installed in the
vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits
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contained herein for the category of motor vehicle and speed limits specified, when
tested with a measurement procedure approved by the commissioner. No person shall
operate a motor vehicle incorporating such parts.
7030.1020 SCOPE.
This chapter applies to the total noise from a vehicle or combination of vehicles of a
type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not
be construed as limiting or precluding the enforcement of any other provision of law
relating to motor vehicle exhaust noise.
7030.1030 EXCEPTIONS.
Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits
contained herein when performing acceleration maneuvers for safety purposes.
7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS.
Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating
of more than 10,000 pounds and any combination of vehicles towed by such motor
vehicle.
A. Speed limits greater than 35 mph.
B. Speed limits equal to or less than 35 mph and stationary run-up tests (for
vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA.
C. Speed limits equal to or less than 35 mph and stationary run-up tests (for
vehicles with governed engines), for vehicles manufactured on or after January 1, 1978. For
stationary run-up tests on all-paved surfaces, add 2 dBA.
D. Speed limits equal to or less than 35 mph and stationary run-up tests (for
vehicles with governed engines), for vehicles manufactured on or after January 1, 1982. For
stationary run-up tests on all-paved surfaces, add 2 dBA.
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7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES.
A. For vehicles manufactured before January 1, 1975.
B. Speed limits greater than 35 mph for vehicles manufactured on or after
January 1, 1975.
C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after
January 1, 1975.
7030.1060 NOISE LIMITS FOR OTHER VEHICLES.
Motor vehicle noise limits for any other motor vehicle not included under parts
7030.1040 and 7030.1050 and any combination of vehicles towed by such motor
vehicle.
Minn. Stat. § 86B WATERCRAFT OPERATION
86B.321 NOISE LIMITS.
Subdivision 1. Operation in excess of noise limits prohibited. A person may not
operate a motorboat under any condition of load, acceleration, or deceleration in a
manner that exceeds the noise limits contained in subdivision 2.
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Subd. 2. Noise limits. (a) The noise limits for the total noise from the marine
engine or motorboat may not exceed:
(1) for marine engines or motorboats manufactured before January 1, 1982, a
noise level of 84 decibels on the A scale measured at a distance of 50 feet from the
motorboat or equivalent noise levels at other distances as specified by the
commissioner in a pass-by test or 86 decibels on the A scale measured at idle in a
stationary test at least four feet above the water and at least four feet behind the
transom of the motorboat being tested; and
(2) for marine engines or motorboats manufactured on or after January 1, 1982, a
noise level of 82 decibels on the A scale measured at a distance of 50 feet from the
motorboat or equivalent noise levels at other distances as specified by the
commissioner in a pass-by test or 84 decibels on the A scale measured at idle in a
stationary test at least four feet above the water and at least four feet behind the
transom of the motorboat being tested.
(b) The noise limits in paragraph (a) do not preclude enforcement of other laws
relating to motorboat noise. The officer or deputy doing the testing shall determine
which test or tests shall be used. Failure to pass either the pass-by or stationary idle test
is a violation of this section.
(c) Equivalent noise levels under paragraph (a) shall be specified by the
commissioner by written order and published in the State Register. The noise level
determinations are exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
Subd. 3. Applicability. The provisions of this section do not apply to motorboats
operating under a permit issued under section 86B.121 or a United States Coast Guard
marine event permit in a regatta or race while on trial runs or while on official trials for
speed records during the time and in the designated area authorized by the permit.
86B.521 MOTORBOAT NOISE CONTROL.
Subdivision. 1. Exhaust muffling system required. A motor may not be used on
a motorboat unless it is equipped with an efficient muffler, underwater exhaust, or
other device that adequately muffles or suppresses the sound of the exhaust of the
motor so as to prevent excessive or unusual noise. A motor may not be equipped with
an altered muffler, muffler cutout, muffler bypass, or any other device designed or
installed so that it can be used to continually or intermittently bypass any muffler or
muffler system installed in the motorboat or to reduce or eliminate the effectiveness of
such a muffler or muffler system.
Subd. 2. Sale of motor that exceeds noise limits prohibited.
A person may not sell or offer for sale a marine engine or motorboat that would exceed
the noise limits contained in section 86B.321, subdivision 2, under a test procedure
approved by the commissioner if the motor is maintained according to the
manufacturer's specifications.
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Subd. 3. Modification of engine to exceed noise limits prohibited. (a) A person
may not modify a marine engine or motorboat in a manner that will amplify or increase
the noise emitted by the marine engine or motorboat above the noise limits contained
in section 86B.321, subdivision 2, under a test procedure approved by the
commissioner.
(b) A person may not operate a motorboat with an engine modified to increase
noise above the noise limits.
Subd. 4. Sale of parts that cause excessive noise prohibited. (a) A person may not
sell or offer for sale replacement or additional parts for a marine engine or motorboat
which when installed in the marine engine or motorboat will amplify or increase the
noise emitted by the marine engine or motorboat above the noise limits contained in
section 86B.321, subdivision 2, under a test procedure approved by the commissioner.
(b) A person may not operate a motorboat incorporating parts prohibited to be
sold under paragraph (a).
Subd. 5. Applicability. The provisions of this section do not apply to motorboats
operating under a permit issued under section 86B.121 or a United States Coast Guard
marine event permit in a regatta, or race, while on trial runs, or while on official trials
for speed records during the time and in the designated area authorized by the permit.
Subd. 6. Rulemaking exemption. The test procedures under subdivisions 2, 3, and
4 shall be established by written order by the commissioner and published in the State
Register. The establishment of test procedures is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Minn. Stat. § 84.8 SNOWMOBILES
84.871 EQUIPMENT REQUIREMENTS.
Subdivision. 1. Mufflers. Except as provided in this section, every snowmobile
shall be equipped at all times with a muffler in good working order which blends the
exhaust noise into the overall snowmobile noise and is in constant operation to prevent
excessive or unusual noise. The exhaust system shall not emit or produce a sharp
popping or crackling sound. This section does not apply to organized races or similar
competitive events held on (1) private lands, with the permission of the owner, lessee,
or custodian of the land; (2) public lands and water under the jurisdiction of the
commissioner of natural resources, with the commissioner's permission; or (3) other
public lands, with the consent of the public agency owning the land. No person shall
have for sale, sell, or offer for sale on any new snowmobile any muffler that fails to
comply with the specifications required by the rules of the commissioner after the
effective date of the rules.
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6100.5700 REQUIRED EQUIPMENT.
Subp. 5. Mufflers. Mufflers:
A. No person shall operate a snowmobile unless it is equipped with a muffler as
required by law and these rules, except that snowmobiles may be operated in organized
events as authorized by Minnesota Statutes, section 84.871, without such a muffler.
B. No snowmobile manufactured on or after June 30, 1970, and before February
1, 1972, for sale in Minnesota, except snowmobiles designed for competition purposes
only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits
engine noise to not more than 86 decibels on the A scale at 50 feet.
C. No snowmobile manufactured on or after February 1, 1972, for sale in
Minnesota, except snowmobiles designed for competition purposes only, shall be sold,
or offered for sale, unless it is equipped with a muffler that limits engine noise to not
more than 82 decibels on the A scale at 50 feet.
D. No snowmobile manufactured on or after April 1, 1975, except a snowmobile
designed for competition purposes only, shall be sold, offered for sale, or operated in
Minnesota unless it is so equipped and has been certified by the manufacturer to
conform to a sound level limitation of not more than 78 decibels on the A scale at 50
feet as originally equipped.
E. In certifying that a new snowmobile complies with the noise limitation
requirements of this rule, a manufacturer shall make such a certification based on
measurements made in accordance with the SAE Recommended Practice J192(a), as set
forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of
Automotive Engineers September 1970 and revised November 1973.
F. No snowmobile shall be sold or offered for sale in Minnesota unless its maker
has previously furnished the commissioner with a certificate of compliance certifying
that all snowmobiles made by that maker meet or exceed the applicable noise level
restrictions established by these rules. The certification of compliance shall be in the
form of a "Snowmobile Safety Certification Committee" label conspicuously attached to
the machine showing certification by the Snowmobile Safety and Certification
Committee, Inc., or a label showing compliance with Snowmobile Safety Certification
Committee standards accompanied by a letter containing test results of an evaluation of
noise levels by a competent independent testing laboratory. Snowmobiles intended for
competition purposes only shall be exempt from this part provided a separate placard
identifying that such snowmobile is not so equipped is conspicuously and permanently
affixed thereto.
G. Except for organized events as authorized by Minnesota Statutes, section
84.871, no snowmobile shall be modified by any person in any manner that shall amplify
or otherwise increase total noise level above that emitted by the snowmobile as
originally equipped, regardless of date of manufacture.
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Minn. Stat. § 87A. SHOOTING RANGES
87A.05 NOISE STANDARDS.
Allowable noise levels for the operation of a shooting range are the levels determined
by replacing the steady state noise L10 and L50 state standards for each period of time
within each noise area's classification with a single Leq(h) standard for impulsive noise
that is two dBA lower than that of the L10 level for steady state noise. The noise level
shall be measured outside of the range property at the location of the receiver's activity
according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28,
2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to
a steady state level that contains the same amount of sound energy as the time varying
sound level for a 60-minute time period.
Minn. Rules § 6102, RECREATIONAL VEHICLES
6102.0002 DEFINITIONS.
Subpart 1. Scope. For the purposes of parts 6102.0002 to 6102.0080, the terms
defined in this part have the meanings given them.
Subp. 2. ATV. "ATV" means an all-terrain vehicle.
Subp. 3. Commissioner. "Commissioner" means the commissioner of Natural
Resources.
Subp. 4. Department. "Department" means the Department of Natural
Resources.
Subp. 5. OHM. "OHM" means an off-highway motorcycle.
Subp. 6. ORV. "ORV" means an off-road vehicle.
Subp. 7. Vehicle. "Vehicle" means an OHM, ORV, or ATV.
6102.0040 REQUIRED EQUIPMENT.
Subp. 4. Mufflers.
A. No person shall operate a vehicle unless it is equipped with a muffler
having a spark arrestor approved by the United States Forest Service as described by
Code of Federal Regulations, title 36, chapter II, section 261.52, paragraph (j).
B. Vehicles shall not be sold, offered for sale, or operated in this state
unless equipped so that overall noise emission does not exceed a sound level limitation
of not more than 99 decibels on the A scale from a distance of 20 inches using test
procedures and instrumentation as set forth in the Society of Automotive Engineers'
Standard, SAE J1287, June 1988, or, if different procedures or instrumentation are used,
a noise level equivalent to that level.
C. No noise suppressing system or muffler shall be equipped with a
cutout, bypass, or similar device and no person shall modify or alter that system or its
operation in any manner which will amplify or increase the noise emitted by the
vehicle's motor to exceed the noise limits established in this subpart, except for
organized events as authorized by Minnesota Statutes, sections 84.795, subdivision 7;
84.804, subdivision 5; and 84.928, subdivision 5.
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PROPOSED PROCESS
* Process information and submittals are draft for discussion and subject to City Attorney comment
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COMPREHENSIVE PLAN | NOVEMBER 23RD, 2020 ADOPTION
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CHAPTER 3:
LAND USE, GROWTH AND
ORDERLY ANNEXATION
5
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MONTICELLO 2040 VISION + PLAN 13
FUTURE LAND USE MAP
EXHIBIT 3.3
City of Monticello Boundary
Monticello Orderly Annexation Area (MOAA)
Parcels
Streets
Railroad
Water Bodies
Development Reserve (DR)
Open Space and Resource Conservation (OSRC)
City Parks and Recreation (PR)
Estate Residential (ER)
Low-Density Residential (LDR)
Traditional Residential (TR)
Mixed Neighborhood (MN)
Mixed-Density Residential (MDR)
Manufactured Home (MH)
Downtown Mixed-Use (DMU)
Community Commercial (CC)
Regional Commercial (RC)
Commercial and Residential Flex (CRF)
Employment Campus (EC)
Light Industrial Park (LIP)
General Industrial (GI)
Public and Institutional (P)
Xcel Monticello Nuclear Generating Plant (MNGP)
North
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MONTICELLO 2040 VISION + PLAN 21
Land Use Categories Acreage
Development Reserve 3,100
Open Space and Resource Conservation 1,171
City Parks and Recreation 418
Estate Residential 1,102
Low-Density Residential 2,198
Traditional Residential 74
Mixed Neighborhood 635
Mixed-Density Residential 348
Manufactured Home 135
Downtown Mixed-Use 48
Community Commercial 125
Regional Commercial 433
Commercial and Residential Flex 174
Light Industrial Park 757
General Industrial 220
Employment Campus 752
Public and Institutional 268
Xcel Monticello Nuclear Generating Plant 616
TABLE 3.7: FUTURE LAND USE ACREAGES
Note: This acreage includes both developed and undeveloped land within the City and MOAA.
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MONTICELLO 2040 VISION + PLAN 39
LIGHT INDUSTRIAL PARK (LIP)
The Light Industrial designation accommodates a variety of light industrial uses. Uses are characterized by a higher level of amenities not required in the General Industrial
designation. Characteristics such as noise, vibration and odor do not occur or do not generate significant impacts. Hazardous materials handling and storage may also occur but
must be stored indoors or screened from the public right-of-way. Activities such as the handling of hazardous materials and outdoor storage are limited. This land use designation
does not include the principal retail commercial uses found in the Employment Campus and a more limited range of commercial activities. Transportation impacts which occur are in
direct support of the manufacturing or production use. The Light Industrial land use is distinguished from General Industrial land use by reduced potential for noise, visibility, truck
activity, storage, and other land use impacts.
The Light Industrial Designation accommodates uses such as processing, assembly, production, and fabrication manufacturing which uses moderate amounts of partially processed
materials, warehousing and distribution, research and development, medical laboratories, machine shops, computer technology, and industrial engineering facilities. Office uses
also occur within these areas. This designation also accommodates limited local-serving commercial uses which may generate storage or noise impacts.
“Computer technology” includes active technology uses dominated by office and research-oriented businesses.
The Light Industrial Designation accommodates Data Center (or similar “Technology Campus”) development for passive computer storage and processing only when specific
elements are demonstrated. Consideration of these uses in the LIP areas shall be subject to the following review requirements, among others as determined on a case-by-case
basis:
a. The City’s 2040 Plan recognizes data centers as a singularly unique land use due to size and scope.
b. Data center use locations will not create conflict with other land uses, especially residential land uses, through off-site impacts including unusual amounts of noise, lights,
odors, or other similar aspects. Data center users will demonstrate site conditions that meet this condition and are consistent with other light industrial development.
c. Where data center development creates shortages in land supply, utility services, electric generation service to the broader area, or any other impacts on the City of
Monticello or its neighboring communities, and which are not specifically mitigated by the data center developer and its associated partners, the City is under no obligation to
accommodate the use within any land use district or location, or through any land use process.
d. Data center uses shall demonstrate convincingly that its burden on municipal services, infrastructure, or fiscal condition is completely mitigated by the data center project and
its developers, and such mitigation is sustainable by its subsequent owners, users, and other related entities.
e. The data center will not inhibit future growth; it will accommodate and facilitate the extension of efficient and orderly municipal infrastructure to the edge of the development
property consistent with the City’s plans for growth.
f. Full and clear assurances from both the data center use and the electric utility provider that data center development will not create threats of power loss to the community,
nor limit the city’s other growth and development interests in the future.
Data Center development is considered against each of these factors, and other site- or use-specific factors that may be relevant at the time of any such proposal. The City
reserves the discretion to determine that any location or project has the potential to imperil the City’s infrastructure, related regional infrastructure, the City’s future land use goals,
the City’s various economic development goals and objectives, the City’s financial and fiscal obligations and projections, or any other reasonable area of City authority. No area
guided LIP (or any other land use category) shall have an inherent right to Data Center development under this amendment.
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LAND USE, GROWTH AND ORDERLY ANNEXATION 40
Primary Mode
Vehicular with access
to collectors and
arterials
Transit or shuttle
service
Secondary Mode
Shared bike/
pedestrian facilities
MOBILITY
LIGHT INDUSTRIAL PARK (LIP) CONTINUED
DEVELOPMENT FORM
• Floor Area Ratio
(FAR): 0.50 to 0.75
• Height: Up to 4 stories
• Lot Area: N/A
LOT PATTERN
VISUAL EXAMPLE
ZONING INFORMATION
2018 Correlating
Zoning District
IBC
Industrial Business Campus
I-1
Light Industrial District
LAND USE MIX
Industrial
• Warehousing and
Distribution
• Light Manufacturing
• Assembly
• Production & Fabrication
• Research and
Development
• Medical Laboratories
• Computer Technology
Commercial
• Minor Auto-Repair
• Self Storage
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Data Centers: Zoning Ordinance
Planning Commission & City Council Workshop
November 10, 2025
•Review ordinance revisions to
address concerns or questions
raised during the hearing and
workshops
•Planning Commission & City
Council feedback
•Are there concerns we
have not addressed?
Purpose
•Data Center PUD review process unique to this specific use type
•Allow data center or data center campus, but only within a DCPUD
•Requires each project to be reviewed individually for rezoning to DCPUD
•Not subject to the current PUD ordinance process; provides adapted
process and submittals specific to use and its impacts
•Addresses the complexity and variety of the use
•More focus on the mitigation of potential impacts to surrounding land
use through required minimum Performance Standards
•Less focus on internal site planning in application submittal
requirements and review
Framework
To be consistent with the 2040 Plan, the ordinance for data centers is intended to:
•Pay for demand on public services
•Create a significant net positive in terms of fiscal and economic impacts for the City
•Meet City land use objectives, both short and long term
•Do not consume light industrial land that cannot be replaced by other adequate land supplies to meet
City’s economic development goals
•Have light industrial impact on surrounding property during normal operations
•Minimize impacts on surrounding property in terms of scope, intensity, and duration
•Comply with all City and State regulations and requirements
2040 Plan Foundation
•Are the criteria for rezoning decision strong and inclusive enough?
•Does the ordinance require enough submittal information at appropriate points to:
•Provide the information necessary to evaluate against the criteria?
•Allow the City to evaluate impact and mitigation?
•Is additional language needed for additional reasonable and related conditions?
•Is there enough information to make a future land use decision about data center
development in Monticello?
•Are there any additional comments on the specific minimum performance standards?
•Have we indicated/required enough specificity in the required studies and agreements for
public improvements?
•Does the text of the ordinance adequately put the burden of proof on the applicant?
Considerations
The draft ordinance is structured around the following elements:
1. DCPUD Performance Standards
2. Application Submittal Requirements
3. Review Process
4. Site Improvement Plan Agreement
5. Administration: Timing, Performance, Amendment, Enforcement
Ordinance Framework
Development Density
•Minimum data center floor area ratio (DCFAR) of .25
Revisions:
•Added language relating to phasing:
•FAR for any individual phase of the DCPUD shall be .25
•Added a definition:
•Data center floor area ratio (DCFAR): The floor area ratio for a data center facility shall be
defined as the ratio obtained by dividing the total gross floor area of the principal data
center building(s) by the total gross land area of the proposed Data Center Planned Unit
Development, less the square footage of stormwater ponding or public waters (measured
from ordinary high water level), wetlands (measured from the delineation line), easements
necessary for public improvements, right of way required to be platted for any purpose, and
land area for required setbacks and perimeter buffer yards
•Must comply with State of MN (MPCA) requirements:
•“The statutory limits for a residential location are L10 = 65 dBA and L50 = 60 dBA during the
daytime (7:00 a.m. – 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime
(10:00 p.m. – 7:00 a.m.) (Minn. R. 7030.0040)”
•During the one-hour period of monitoring, daytime noise levels cannot exceed 65 dBA for more than
10 percent of the time or 60 dBA more than 50 percent of the time
•65 dBA is similar to the sound of a loud conversation, the average noise level in an open office
environment, and within general range of a vacuum cleaner or a washing machine
•Set based on Noise Area Classification and on the land use of the person who hears the noise
Revisions:
•Ambient noise study submitted at Development Stage application
•Required monitoring by third party at 1000’ spacing and DCPUD corners, remedy is legal system
•Limited generator testing to 8AM-4PM, M-F; requires testing schedule
•Security requirement in Site Improvement Plan Agreement
Noise
Minimum Setbacks &
Building Height
•Prior setback was 100’ from any property line and 200’ from residential or park/open space for all
principal and accessory structures
•Prior height limit was 65’ for both principal and accessory structures
Revisions:
•Insertion of a setback table:
•Equipment site and building design impacts applicable setback
•Further differentiated based on both actual and proposed adjacent uses
•Separate accessory use setbacks
•Usable area for walls, parking, loading, etc.
•Lowered height to 50’
•Added accessory and appurtenant structure height allowance at an additional
15’ in height (mechanical equipment)
•Ordinance requirements for site landscaping, screening, perimeter buffering
•Outdoor facilities or equipment such as generators, parking, mechanical equipment, security
chain link fencing are required to be fully screened to 100% opacity when viewed at
comparable grade from abutting property used, zoned, or guided for residential or recreational
uses, and from the public street
•Rooftop mechanical equipment screened from the adjoining property by screening walls or
parapets
•Screening through individual or combination use of fencing or walls, landscaping, and/or
berming
•Buildings or building wing walls meeting the materials requirements may also be used for
screening
•Buffer required installed around the entire perimeter of the DCPUD and maintained for the
duration of facility operation
Buffering & Screening
Revisions:
•Concept landscaping plan submission
•Clarified landscaping requirements:
•Meet base code requirements for materials and placement, except as stated
•Sod and irrigation requirement
•Exempt from parking lot landscaping
•Clarified screening requirements:
•Where screening is required, must meet 100% screening within 3 years – Discuss building exposures
•Quantities may be counted toward base landscaping requirements
•Landscaping materials and berms may be within setback, faces and walls subject to setback table
•Clarified perimeter buffer requirements:
•Required regardless of intervening ROW
•Must include evergreen species
•Must be completed with first phase of development
•Not required where directly abutting industrial uses (remove zoning and guidance)
Buffering & Screening
•Required study identifying both City and private utility supply and demand on systems (water, sewer,
storm) and demonstrating that the facility:
•Can be adequately served by the existing or planned capacity of the utility
•Will not impede access or limit service capacity to those utilities by other future users in the
City’s planning and service territory
•Study components:
•Utility phasing plan aligning with the proposed development phasing and timing;
•Preliminary plans for extension of all public facilities, including utilities, roadways,
pedestrian facilities, and other such public infrastructure facilities to the furthest extent of
the DCPPUD property boundary
•Site improvement plan agreement (SIPA)
•City-installed improvements
Utility Impacts
Revisions:
•Additional requirement statements:
•Designed to provide adequate service to the furthest extent of the DCPUD
•Sufficient information regarding the financial capacity to support the required improvements
•Additional study components:
•Analysis of impacts to surrounding private utility systems and mitigation required
•Deficiencies in the public system pursuant to the project and mitigation plan for deficiencies
•Updates or additional system plans or studies for public utilities reflecting the impact of increased
demands and infrastructure required by the DCPUD
•Analysis of projected cost of public infrastructure necessary to adequately serve project, by phase
•Sufficient information regarding the applicant’s financial capacity to support the required system
studies, public improvements and system upgrades
•Companion review study for capacity and demand greater than anticipated
•Site improvement plan agreement for developer-installed improvements to include
securities, escrows, guarantees and timing
Utility Impact
Transportation Impact
•Traffic study evaluating:
•Volumes for passenger vehicles during normal operations
•Traffic volumes and routes for construction traffic during each phase of site development;
•Any insufficient street or intersection design pursuant to project;
•Routes and frequency of commercial vehicle traffic
•Location of pathway connections
Revisions:
•Volume of commercial traffic
•Location of ROW to extent of PUD
•Proposed improvements and projected cost
•Sufficient information regarding capacity for support improvements
•Greater detail in SIPA requirements to support above
Power Consumption
•Specific findings for rezoning related to electric power infrastructure and availability
•Specific standards for substations
•Statement, study, or permit provided by the electric utility provider which demonstrates
adequate capacity for the DCPUD and any expected impact to local or regional power supply
Revisions
•Summary of the proposed routing plan and required electrical infrastructure improvements
•Concept and development stage
•Statement of telecommunication provider(s) information detailing sufficient system
improvements as to avoid any local service interruption during normal operations
Review Process
* Process information and submittals are draft for discussion and subject to City Attorney comment
Review Process
Revisions:
•60 days between Development Stage PUD/Preliminary Plat approval and Final Stage PUD/Final Plat
submission (add “complete”)
•One extension may be granted by the City Council for a maximum of an additional 6 months,
applicant shall request waivers for statutory time limits as necessary
•Applications which fail to meet this deadline shall be deemed void and shall require review
•Following DCPUD approval, the applicant is required to record the Final Plat within 365 days of the
Council’s approval of Final Stage and Final Plat
•One extension from this requirement may be granted by the Council
•City Council may deny or modify the extension timeline at its sole discretion; no inherent right to
extension
Review Process
Revisions:
•Building permit for a principal structure within the first phase of development on site filed within 1
year of the filing of the Final Plat
•Based on the date of recording of the final plat with the Wright County recorder
•City Council may deny or modify the extension timeline at its sole discretion; no inherent right to
extension
•City Council may act after the 1 year period to revoke the DCPUD, revoke the governing Final
Stage PUD approval, revoke the SIPA, and rezone the land to any other zoning district, following
a public hearing to be held by the City Council
Other
Address other concerns raised during the public hearing related to data
center development:
•Emissions
•Sustainability
•Community & Fiscal Benefits – Cost Burden
•Decommissioning
•Enforcement
•Ownership and Tenancy
Ordinance Framework
Monticello Industrial AUAR Update
City Council| November 10, 2025
WHAT IS AN AUAR?
•Alternative Urban Areawide Review (AUAR) is an environmental review document outlined by
state statute
•Hybrid of an Environmental Assessment Worksheet (EAW) and Environmental Impact
Statement (EIS)
•“Uses a list of questions adapted from the EAW form, but provides a level of analysis of
typical urban area impacts comparable to an EIS”
•AUAR process provides local governments with the opportunity to evaluate how different land
uses may impact the community's environment
•Used when there is no individual specific project
•Environmental analysis before major development occurs, informing development
decisions
•Provides information useful to planning for the management and mitigation of impacts
WHAT IS AN AUAR?
•AUAR study and process is managed by a Responsible Government Unit (RGU)
•RGU entity for an AUAR is the local unit of government.
•Valid for 5 years for the specific scenarios studied; must be updated every 5 years
•Defines a geographic study area
•Provides development scenarios within the study area that are evaluated as part of the
environmental review
•Must be updated if proposed development will be more intense than scenarios provided and
studied in the AUAR
•An AUAR is NOT a project approval document – it can be used to inform local planning and
development decisions
WHEN IS AN AUAR REQUIRED?
•State statute (MN Rule 4410) provides for various types of environmental review:
•Environmental Assessment Worksheets
•Environmental Impact Statements
•Alternative Urban Areawide Review
•Broad spectrum of uses may require environmental review at specific thresholds, such as:
•Residential development
•Land conversion
•Wetland impact
•Commercial or industrial development of specific size
•Transmission line projects
•AUAR is an acceptable form of review for certain land uses:
•Residential development
•Commercial development
•Warehousing
•Light industrial
WHAT IS THE EQB AND ITS ROLE IN AN AUAR?
•The Environmental Quality Board (EQB) is a Minnesota state agency that coordinates the
state’s environmental review program
•Provides guidance and information on state environmental rules as related to the
environmental review process
•Establishes guidelines for information to be studied in an environmental review document
•Provides technical assistance to an RGU for environmental review process
•Provides a platform for information and public engagement on environmental review
programs
•Publishes the EQB Monitor – notices for public comment and public action
WHAT IS THE AUAR PROCESS?
•RGU adopts Order to Prepare AUAR
•RGU develops AUAR
•RGU reviews and distributes Draft AUAR and Mitigation Plan for public and agency review
•Draft AUAR and Mitigation Plan available for 30-day public and agency review
•RGU revises Draft AUAR and Mitigation Plan based on comments from public and agencies
•RGU distributes Final AUAR and Mitigation Plan to agencies for final 10-day review and
objection period
•If no objections, RGU Adopts Final AUAR and Mitigation Plan
•Objections can only be filed by a reviewing state agency (or Met Council)
•If objections, work with agency to resolve
•AUAR process may include an additional step for an AUAR Scoping Document
•Used when a project meets certain criteria under state rules
•Precedes the full AUAR study; requires review of draft AUAR Order
•May suggest additional development scenarios, study area, or other relevant issues to be analyzed in
the full AUAR review
WHAT DOES AN AUAR REVIEW?
•Project Information & Scenarios
•Land Use & Land Cover
•Climate Impacts – including Greenhouse Gas and Carbon Footprint
•Permits Required
•Geology & Soils
•Water Resources (including surface water, groundwater, and water-related utilities)
•Contamination
•Wildlife & Habitat
•Cultural Resources
•Visual Impacts
•Air Impacts
•Noise
•Transportation
•Cumulative Impacts
•Other
WHAT IS THE MONTICELLO INDUSTRIAL AUAR?
•Monticello Tech LLC is proposing to develop a technology campus, including data center uses,
on 550 acres of land located in the Monticello Orderly Annexation Area
•Following an initial concept review workshop, the City determined an environmental review
process would be the appropriate next step
•Monticello Tech has proposed a development concept rather than a specific project
•As RGU for this step of environmental review, the City has determined that an AUAR should
be prepared in compliance with the State’s requirements.
•Consultant preparation and review
•Prepared by Kimley-Horn
•Reviewed by City staff and WSB (City’s environmental review consultant)
WHAT IS THE MONTICELLO INDUSTRIAL AUAR?
•The AUAR environmental review process will provide the City with the data to inform planning
decisions for two different development scenarios
•Technology campus, including data center uses
•Light industrial uses as outlined in the current Monticello 2040 Comprehensive Plan
•Scoping process to define scenarios and outline AUAR review information
•Scoping Document accepted and Order to Authorize Preparation of AUAR on October 12, 2025
•Scoping Document and comments inform the full AUAR
•Evaluate worst-case potential impacts and identify mitigation measures that may be taken to
compensate for those impacts
WHAT IS THE MONTICELLO INDUSTRIAL AUAR?
Scenario 1
•Up to 3,000,000 SF of proposed technology park development
•Data center, research and design facilities, technology, laboratories
or research park uses
•May include additional electrical substations, transmission lines, and
backup generators
•Campus facility with 5-10 buildings, approximately 100,000-200,000
SF/building with ancillary support buildings
•Phased development over 10 years
Scenario 2
•Up to 5,000,000 SF of light industrial land use consistent with Light
Industrial Park, including process and production manufacturing,
warehousing and distribution, machine shops, office and research
and development facilities, industrial engineering facilities
•Multiple buildings ranging from approximately 20,000-1 million SF.
•Generally expected to occur in the range of 50,000 – 500,000 SF
buildings
•Phase development over 20 years
HOW DOES THE AUAR INFORM DEVELOPMENT
DECISIONS?
•Valuable impact and mitigation information that can be
used and applied by the City for either development
scenario
•Provides a Mitigation Plan outlining specific studies, plan
requirements, and other strategies to address potential
development impacts
•Identifies additional studies that may be required prior to
or as part of development applications
•Identifies permits and additional environmental review
that may be required for scenarios
•Provides an outline and timeline for public improvements
•Information/requirements as part of development and
construction
Graphic provided by Kimley Horn
WHAT DOES THE MONTICELLO INDUSTRIAL
AUAR REVIEW?
•Analysis and review of AUAR category areas:
•Project Information & Scenarios
•Land Use & Land Cover
•Climate Adaptation and Resilience –
including estimates of Greenhouse Gas
Emissions and Carbon Footprint
•Permits Required
•Geology & Soils
•Water Resources
•Surface, groundwater, water
appropriations, wastewater,
stormwater
•Contamination
•Wildlife & Habitat
•Cultural Resources
•Visual
•Air
•Noise
•Transportation
•Cumulative Potential Effects
•Other – Power next steps, site security,
Electromagnetic Field Radiation
•Mitigation Plan
ADDITIONAL STUDIES COMPLETED TO DATE
Several supplemental studies have been completed specific to this AUAR, including:
•Wetlands – Wetland Delineations (completed by Kimley-Horn)
•Transportation – Transportation Impact Assessment – for operations and construction
(completed by Kimley-Horn)
•Water and Aquifer – Preliminary Water and Aquifer Assessments (completed by the city)
•Wastewater – Preliminary Sanitary Sewer Service Assessment (completed by the city)
•Archeological Phase I Assessment (completed by an archaeological consultant - In Situ)
•Stormwater – Initial drainage assessment (completed by Kimley-Horn)
•Ongoing coordination with state agencies
ADDITIONAL FUTURE STUDIES
The AUAR mitigation plan identifies the following additional studies be completed (for both
scenarios) once a specific project has been identified:
•Noise evaluation to confirm if specific noise mitigation measures are needed within site design
•Project specific stormwater management plan
•Phase I/II Environmental Site Assessment for potential contamination on site
•Tree survey
•Supplemental Archaeological Survey may be needed
•Specific to Scenario 1:
•A hydrogeological analysis to site the Rapid Infiltration Basin system, then MPCA review
and permit (including an EAW) prior to construction
•Completion of a well capacity and aquifer pumping plan
•Additional environmental reviews may be necessary for backup generators, sewer
extensions, water appropriation and power needs
IMPACT AND MITIGATION SUMMARY
Resource Mitigation
Climate Adaption – trends in
increased precipitation and heat
•Several site and building adaptions will be considered (green infrastructure,
water reduction strategies, landscaping, etc.).
•Scenario 1: Majority of technology park end users have sustainability goals
around water, energy, carbon, recycling that would be implemented on this
site.
Land Use – changes from
agricultural to light industrial
uses
•City will annex area and development would need to comply with city zoning,
shoreland overlay, and land use requirements.
•Both scenarios would need to incorporate the conceptual future greenway
corridor as site planning advances.
Geology/Soils – changes to
topography, 12 types of soils on
site
•Soils are suitable for buildings.
•Earthwork can be generally balanced on the site to maintain the existing
drainage patterns, some slope stabilization will be needed.
Water Resources – Surface
Water - 7 wetlands on site,
including one DNR Public Water
Wetland in the SE corner
Scenario 1: anticipated to have more wetland impacts, no impact to the DNR
Public Water Wetland anticipated for either scenario. Proposer to obtain
appropriate permits and purchase wetland banking credits, if needed.
IMPACT AND MITIGATION SUMMARY
Resource Mitigation
Water Resources –
Groundwater – 5 wells may be
located within the study area,
NW corner is located within a
DWSMA – low vulnerability
Both scenarios: surface water runoff will be captured and treated in lined
stormwater ponds prior to leaving the site to meet requirements from the
City, MPCA, MDH, and the NPDES Construction Stormwater Permit.
If unable to re-use, wells would be properly sealed by a licensed well
contractor prior to redevelopment
Scenario 1: DWSMA would need to be re-evaluated with the increase in flows
from the aquifer.
Water Resources - Wastewater Scenario 1: use of non-contact cooling water to remove heat from industrial
systems without directly contacting materials. This would be discharged to
Rapid Infiltration Basins (RIB) system that would be permitted by the MPCA
and would filter before going back into the groundwater and recharge the
aquifer over the next 10-20 years. MPCA’s guidance on RIBs:
https://www.pca.state.mn.us/sites/default/files/wq-wwtp5-64.pdf
Scenario 2: wastewater would discharge to municipal collection system
Both scenarios: require new extensions to and through the site
IMPACT AND MITIGATION SUMMARY
Resource Mitigation
Water Resources – Stormwater
– minimal impervious surface
area within the study area
today, no existing permanent
stormwater management
features
•Impervious surface will increase with development. On-site stormwater
basins are proposed and will be sized to accommodate runoff from these
impervious areas.
•Infiltration basins will follow MPCA guidelines and the requirements of the
NPDES Permit.
•Additional detailed stormwater analysis will be provided at later stages of
the design phase.
Water Resources – Water
Appropriations
Both scenarios: watermain extensions and potentially a water storage tank
will need to be constructed to service the study area. Both scenarios would
require additional water appropriations from MnDNR.
Scenario 1: water demand at full build is higher than Scenario 2 for water
cooling purposes. An aquifer analysis will be needed to understand water
levels for any new wells. Water demands will be phased as the project is
intended to be built over the next 10+ years to get to the full build out.
IMPACT AND MITIGATION SUMMARY
Resource Mitigation
Contamination – 1 MPCA
WIMN site identified within
study area (inactive
stormwater permit)
Scenario 1: back-up generators may be needed for emergency use. Depending
on specific end user needs, if 1 million gallons or more of fuel storage for
backup generators are needed, separate EAW will be completed.
Both scenarios: complete a Phase I/II ESA prior to construction.
Fish & Wildlife – within 1 mile
of the study area Blanding’s
Turtle, Monarch Butterfly,
Whooping Crane, and Western
Regal Fritillary habitat may be
present
•Tree removal may be needed, developer to comply with City’s Tree
Protection Ordinance.
•A conceptual greenway corridor is planned within the study area that could
provide connections between and among natural open spaces and be a
natural area for wildlife.
•Comply with MnDNR’s recommendations for minimizing impacts to
Blanding’s Turtle.
Cultural Resources – known
archeological records and and
3 historic sites in the vicinity of
the study area
Coordination with the State Historic Preservation Office and State
Archeologist is ongoing.
IMPACT AND MITIGATION SUMMARY
Resource Mitigation
Visual Both scenarios: Conform with the city ordinances for building height, building form, landscape
screening, outdoor storage areas, and lighting to avoid impacts to neighboring properties and
species.
Scenario 1: is expected to have larger buffers and setback requirements between nearby uses
around the perimeter of the buildings compared to Scenario 2.
Air Both scenarios: If any potential emission generation (e.g., from generators) from future
development is above the threshold for an air quality permit/environmental review, then that
specific project would be subject to additional environmental review beyond what is evaluated
in this AUAR.
Noise Scenario 1: main source of noise, depending on the type of technology park use, could include
computers and ventilation/cooling systems within the building, and the testing of generators up
to once per month and operating in the case of emergency.
Both scenarios: additional noise evaluations will be completed to identify any noise mitigation
measures and comply with MPCA and city noise ordinances.
IMPACT AND MITIGATION SUMMARY
Resource Mitigation
Transportation Scenario 1: less traffic generated during operations. A southbound right turn lane is recommended at
Edmonson Avenue NE & East Access and a northbound right turn lane at Edmonson Avenue & 85 th Street.
Scenario 2: more traffic during operations is anticipated compared to Scenario 1. Additional turn lanes and
a traffic signal or roundabout is anticipated to be required at MN 25 & Future Roadway (proposed
collector).
Both scenarios: include a future road network within the study area. Scenario 1 is expected to have a new
public road connection off 85th Street NE into the site with only private roads internal to the site. Scenario
2 is anticipated to have a grid system of internal public roads to facilitate traffic between various tenants.
Other Effects Power Needs for Scenario 1: project proposer would request the utility company complete a System
Impact Study on the existing grid network to understand the existing capacity and future infrastructure
power needs.
EMF: Both scenarios propose new electronics and utilities that would emit EMF levels. Scenario 1 would
emit EMF levels typical of industrial and utility applications and Scenario 2 would emit EMF levels typical of
office and warehouse applications. Project's design would include EMF mitigation strategies to ensure that
the EMF radiation levels remain well within the safety thresholds.
ESTIMATED TIMELINE & NEXT STEPS FOR
MONTICELLO INDUSTRIAL AUAR
•Scoping Document Review: July-October 2025
•Scoping Document Acceptance and Order to Prepare AUAR: October 13, 2025
•Review of AUAR: Currently on-going
•Council Authorizes AUAR for distribution: November 10, 2025
•Distribute Draft AUAR & Mitigation Plan for review: November 11, 2025
•Draft AUAR & Mitigation Plan available for 30-day comment period: November 18, 2025
•AUAR Open House: November 20, 2025
•AUAR Review – Joint City Council & Planning Commission: December TBD
•Draft AUAR & Mitigation Plan revision: December 2025
•Final AUAR & Mitigation Plan distribution and 10-day objection period: December/January 2026
•Adoption of Final AUAR and Mitigation Plan: January 2026
DECISION & RECOMMENDATION
Motion to adopt Resolution 2025-70 Authorizing the Distribution of the Draft Alternative Urban Areawide
Review (AUAR) and Mitigation Plan for Monticello Industrial, 550-acre study area evaluated for industrial
development, to the Environmental Quality Board for Public Comment.
_______________________________________________________________________________________
Staff recommend authorizing the distribution of the draft Alternative Urban Areawide Review (AUAR) and
Mitigation Plan for Monticello Industrial to the EQB for public comment.
WHERE CAN I FIND MORE INFORMATION?
www.monticellomn.gov
Search: Environmental Reviews, Public
Notices
www.eqb.state.mn.us
Search: AUAR