The URL can be used to link to this page

Planning Commission Agenda - 09/02/2025AGENDA REGULAR MEETING – PLANNING COMMISSION September 2, 2025 – 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Chair Andrew Tapper, Vice-Chair Melissa Robeck, Rick Kothenbeutel, Teri Lehner, Rob Stark Council Liaison: Councilmember Kip Christianson Staff: Angela Schumann, Steve Grittman, Bob Ferguson, Tyler Bevier 1. General Business A. Call to Order B. Roll Call C. Consideration of Additional Agenda Items D. Approval of Agenda E. Approval of Meeting Minutes • Workshop Minutes – July 1, 2025 • Workshop Minutes – August 5, 2025 • Regular Meeting Minutes – August 5, 2025 F. Citizen Comment 2. Public Hearings A. CONTINUED FROM 8/19/25 - Consideration of an Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use-Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to define and regulate data center and technology campus land uses within the City Applicant: City of Monticello B. Consideration of a Request for Amendment to the Conditional Use Permit for Planned Unit Development for a Retail Use as a Principal Use in the B-4, Regional Business District and Conditional Use Permit for Cross Access. Applicant: Josh Iaquinto Planning Commission Reg Meeting Agenda – 09/02/2025 C. Consideration of Amending the Monticello City Code Title XV, Chapter 153: Zoning, for the regulation of Cannabis related land uses in section § 153.091 Use - Specific Standards. Applicant: City of Monticello 3. Regular Agenda A. Consideration of a one year extension of Conditional Use Permit approval for an Amendment to a Conditional Use Permit for a Planned Unit Development for a Restaurant as a Principal Use and Drive-thru Services as an Accessory Use in a B- 4, Regional Business zoning district. Applicant: HAZA Foods (Wendy’s) 4. Other Business A. Community Development Director’s Report 5. Adjournment 1 MINUTES WORKSHOP MEETING – PLANNING COMMISSION Tuesday, July 1, 2025 - 5:00 p.m. Academy Room, Monticello Community Center Commissioners Present: Chair Andrew Tapper, Vice-Chair Melissa Robeck, Rick Kothenbeutel Commissioners Absent: Rob Stark, Teri Lehner Council Liaison Present: Councilmember Kip Christianson Staff Present: Angela Schumann, Steve Grittman, Bob Ferguson, Anne Mueller, Rachel Leonard 1. Call to Order Chair Tapper called the workshop meeting of the Monticello Planning Commission to order at 5:00 p.m. 2. Discussion on ordinance framework to define & regulate Data Center uses City Planner Steve Grittman introduced the discussion, explaining that recent amendments to the Monticello 2040 Plan provided for consideration of data centers as an allowable land use, but that the City now needs to develop an ordinance that addresses the regulation of any data center uses. Steve Grittman spoke to the scale of data centers as a factor in how the use may impact a light industrial park zoning district and the ordinance needed. Steve Grittman also explained the process to reguide land use within the Monticello Orderly Annexation Area (MOAA), noting the recent requests for land use amendment to Light Industrial Park. Steve Grittman explained that as related to the development of an ordinance for data center uses, staff have reviewed various options including a data center overlay district with subsequent conditional use permit. Through the process of evaluating the potential options for regulation, staff is proposing a Planned Unit Development (PUD) district specific to data center uses, which protects the City’s interests and provides regulations specific to these types of allowed uses and their impacts. Steve Grittman indicated that as initially conceived, the standard City process for platting and subdivision would be a requirement of the data center PUD. The PUD process would also require rezoning to data center PUD, and require a development and final stage review for planned unit development (PUD). The PUD process would require that the application for PUD address the unique utility aspects of the uses, specifically water and sewer for energy cooling and wastewater. Steve Grittman stated that the data center PUD process could also require a fiscal impact study for tax impacts and benefits, along with an understanding of the applicant’s proposal to pay for improvements to impacted infrastructure. The proprietary nature of site details for end users of data center development projects was also noted. In summary, he stated that DR A F T Planning Commission Workshop Meeting Minutes – 07/01/25 2 the intent of the data center PUD ordinance development approach proposed is to create parameters governing the external impacts of the uses, while recognizing some flexibility internal to the development site itself, given the nature of the use. Community Development Director Angela Schumann spoke to multitude of details received at a typical PUD development stage plan phase, which are intended to address the details unique to each application. In the case of data centers, Commissioners were encouraged to consider community and land use impacts to the surrounding area in the development of specific ordinance requirements. Steve Grittman described how the data center PUD process may be handled differently from a traditional PUD process and why the City should vary from standard, with primary focus on protecting the public interest by documenting expectations and criteria into an ordinance, and specifically outlining the economic development opportunity represented. Chair Andrew Tapper stated that he believed the primary community concerns will be for sufficient power and water supply to meet the demand and for the noise pollution potential of data centers. Andrew Tapper spoke on the need for environmental study to satisfy the water and noise concerns and how the City will need to communicate how it is addressing community concerns. Angela Schumann said the City attorney’s recommendation is not to consider an application for rezoning to a data center PUD until a completed environmental report is received and completed to satisfaction of the City. She noted that the required environmental document outlines other required permitting by state and federal governing agencies. Steve Grittman addressed the idea of including a cost-benefit analysis. Andrew Tapper stated that may be beneficial for financial transparency and to address questions relating to how much it will cost taxpayers to build/extend utilities and infrastructure to the new development. Steve Grittman reflected on how the technology is rapidly evolving. The ordinance would be developed with the goal of anticipating those impacts. Andrew Tapper concurred. Steve Grittman spoke to the fiscal study impacts being identified in a development agreement contract between the developer and the City. Andrew Tapper addressed the potential risk to the City if a business venture were to fail, leaving behind an abandoned property or financial burden. Angela Schumann advised Commissioners to consider how future agreements might address such worst -case scenarios. She also referenced the workshop held with the Council, in which both the taxbase opportunity and the importance of financial responsib ilities were discussed. Andrew Tapper stated his concern is not for an empty building, but for the increased infrastructure extended for the industrial use that may not be needed. The capacity and scale may be overbuilt to the needs of the site if not a data center. DR A F T Planning Commission Workshop Meeting Minutes – 07/01/25 3 Angela Schumann discussed the Fallon Avenue utility extension project and the utility oversizing planned in conjunction with Haven Ridge West, which is engineered to serve to the edge of the Township to capture future development demands beyond the MOAA. She noted that the future wastewater treatment and water treatment plants were also analyzed for scalability. Councilmember Kip Christianson stated that the City would need to evaluate proposals for their ability to generate the anticipated revenue for the City, and to build In mechanisms for the necessary contributions to support needed infrastructure. Councilmember Christianson noted that the City needed to develop an ordinance to respond to the current opportunity for data center development. Andrew Tapper stated that he was interested in how the ordinance could approach an over-development, or the proposing potential downsizing of acreage, particularly as related to the cost participation for impacts and infrastructure. Angela Schumann noted that the Alternative Urban Areawide Review (AUAR) process addresses development capacity and such changes could require a new environmental review. A PUD amendment process could also be required in addition. Councilmember Christianson asked what phase of the PUD will address fiscal requirements. Steve Grittman indicated that the intent would be to require the fiscal studies and revenues at the development stage, with an agreement as the process moves forward to define and require those securities. Councilmember Christianson requested information on the understanding of the ordinance by potential users, as well as information on how long the data center PUD process could take in terms of working through an application. Angela Schumann confirmed that the Commission was comfortable with the data center planned unit development process, which is distinct from the current planned unit development process. With that confirmation, she explained that staff would then move forward to develop an ordinance for external control and internal site design. Andrew Tapper asked about the timeline for environmental and utilities studies. Angela Schumann stated that the current schedule would have the will finalized before the end of the year. Andrew Tapper spoke in favor of a workshop meeting setting for continued discussion on the data center PUD standards for the proposed ordinance. Councilmember Christianson recommended including Council in the workshop. 3. Adjournment By consensus, the meeting adjourned at 6:00 p.m. _________________________________________ Angela Schumann, Community Development Director DR A F T Planning Commission Agenda – 09/02/2025 1 2A. CONTINUED Public Hearing - Consideration of an Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use-Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to define and regulate data center and technology campus land uses within the City Prepared by: Grittman Consulting, Stephen Grittman, City Planner Meeting Date: 09/2/25, continued from 8/19/25 Council Date (pending Commission action): TBD Additional Analysis by: Community Development Director, City Attorney, Public Works Director, Assistant City Engineer, Chief Building Official, Community & Economic Development Coordinator ALTERNATIVE ACTIONS Decision 1: Consideration of amendments to Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data center and technology campus land uses within the City 1. Motion to close the public hearing and table action on the proposed amendments to Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data center and technology campus land uses within the City, and to direct staff to schedule a joint worksession with City Council. 2. Motion of other. REFERENCE AND BACKGROUND The public hearing for this item was continued from the August 19, 2025 meeting of the Planning Commission, and action for recommendation on the ordinance postponed. For September 2, 2025, the Planning Commission is asked to continue to hear public comment on the item. Written or emailed comments received prior to the posting of the September 2, 2025 agenda packet have been included as supporting data with this agenda item, including those comments provided previously at the August 19, 2025 meeting. Comments received after the agenda posting will be provided in print form to the Commission on September 2, 2025. Planning Commission Agenda – 09/02/2025 2 No changes have been made to the draft ordinance included as Exhibit A for the August 19, 2025 and September 2, 2025 agendas, as the intent is to continue to receive comment to inform preparation of a revised ordinance for future hearing. Following the conclusion of public comment during the September 2, 2025 hearing, Commission is asked to close the hearing and table action on the item. Tabling of the item is requested to allow for revision to the draft ordinance. Action to schedule a joint worksession with the City Council is requested. The worksession will provide an opportunity for the Planning Commission and City Council to review: 1. How the current draft ordinance addresses comments and concerns expressed as part of the public hearing 2. Proposed revisions to the draft ordinance to address comments or concerns not previously addressed in the draft ordinance 3. Concerns or comments that are addressed through other review or permit 4. Discussion of Planning Commission and City Council questions and comments The workshop goal will be to both provide information and obtain additional direction for revisions to the draft ordinance. A date for the workshop will be set pending Commission’s action. Notice of the workshop date and time will be posted and provided on the City’s website. Joint workshops of the Planning Commission and Council are public meetings. Following revision of the draft ordinance, a new public hearing and review of the proposed ordinance will be held by the Planning Commission. STAFF RECOMMENDATION Staff recommend Alternative 1 to close the public hearing, table action on the item and request a joint workshop with the City Council on the proposed ordinance. SUPPORTING DATA A. Ordinance Outline – DRAFT (August 2025 Hearing Draft) B. August 19, 2025 Planning Commission Staff Report C. Reference – Setbacks, Building Height & Floor Area Ratio D. MN Pollution Control Agency – A Guide to Noise Control in Minnesota E. Floor Area Ratio Guidebook, Metropolitan Council F. Reference – Data Center Example Site Images G. Public Comment through August 28, 2025 1 DRAFT | AUGUST PUBLIC HEARING 153.045 Industrial Base Zoning Districts Data Center Planned Unit Development (DCPUD) Zoning District Purpose. 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 Comprehensive Plan (2040 Vision + Plan), as it may be amended. 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 air handlers, 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 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. 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. 2 (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 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 be adequately served with electricity supplies for the specified data center demands from the local electric power supplier, and demonstrates power supply capacity to existing property owners in the City and planned areas of the City, including the Monticello Orderly Annexation Area. (e) The DCPUD will provide adequate vehicular transportation facilities to serve the project and will adequately extend such facilities to serve adjoining future development areas. (f) 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. (g) The DCPUD will provide identified 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. (h) 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. (i) 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. (j) 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 3 Accessory uses. The following accessory uses are allowed: (a) Appurtenances, or support facilities such as outdoor generators, mechanical or electrical equipment including substations and transmission structures, or similar elements. (b) Accessory Motor Vehicle Parking, subject to the requirements of the Monticello Zoning Ordinance Section §153.067 per Parking Schedule #2. (c) Signs, subject to the requirements of the Monticello Zoning Ordinance Section §153.064. (d) Other site development improvements regulated by the “Finishing Standards” of the Zoning Ordinance in Sections §153.060 – §153.070, except as otherwise prohibited by this Section. (e) A use that is subordinate to and serving the principal use and customarily incidental to the principal use. 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 ordinance (d) Ground solar energy systems (e) Data mining as defined by this ordinance 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 items 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 §153.208. (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 floor area ratio (FAR) for the DCPUD and any individual phase of the DCPUD shall be .25. (c) The minimum setback for principal and accessory buildings and appurtenant structures shall be 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 4 located in either the City or Monticello Township. Fences as required or permitted by this ordinance are not subject to the setback. (d) The maximum height for principal and accessory structures shall be 65’. (e) Principal building exterior finishes shall consist of materials compatible in grade and quality to the following: a. Decorative rock face block; b. Glass; c. Cast in place concrete or pre-cast concrete panels; d. Brick (f) Accessory building exterior finishes shall consist of materials compatible in grade and quality to the following: a. Decorative rock face block; b. Glass; c. Cast in place concrete or pre-cast concrete panels; d. Brick; e. Exterior insulated finish systems; f. 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. (a) All 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 used, zoned or guided for residential or recreational uses. (b) Any outdoor facilities or equipment such as generators, parking and private circulation areas, other mechanical equipment, security 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. Screening may be accomplished through individual or combination use of fencing or walls meeting the materials requirements of this ordinance, landscaping, and/or berming. Buildings or building wing walls meeting the materials requirements of this section may also be used for screening. Chain link fence with slats shall not be used for screening purposes. 5 (c) Rooftop mechanical equipment shall be fully screened from the adjoining property lines via screening walls or parapets. (d) A landscaping buffer shall be installed around the entire perimeter of the DCPUD and maintained for the duration of facility operation per the applicable planting requirements of this chapter. The required landscaping buffer shall be installed and completed with each phase of development. (e) Fencing or walls shall be constructed of maintenance free fencing or brick, stone, masonry or decorative concrete. (f) 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. (g) The facility shall provide parking for employees or service personnel at a rate per §153.067, Parking Schedule #2. (h) Except as provided in this Section, the DCPUD shall comply with all other requirements of this Ordinance. (i) Substations within the DCPUD shall be subject to the following: a. Must be located within the DCPUD; b. Must comply with the setbacks as established herein for all abutting properties which are not zoned DCPUD; c. Must comply with the lighting standards established herein; d. Must comply with the buffer landscaping requirements of §153.060 e. Electrical transmission lines extended to the substation are not subject to §153.065 Underground Utilities; f. 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. (j) In addition to the standards of the Section, all other provisions of the City’s 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. 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 development stage, rezoning to DCPUD, and DCPUD final stage 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. 6 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 Planned Unit Development. (b) Applications for DCPUD Development Stage Permit and DCPUD Final Stage Permit shall be in accordance with this section. The application for DCPUD Development Stage Permit and DCPUD Final Stage Permit shall not run concurrently. (c) 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) 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) All other requirements or provisions not specifically provided for by this section or otherwise exempted shall be as per City Code. DCPUD Development Stage and Rezoning Submittal Requirements. (a) Project narrative, including: i. Existing zoning district(s) and land use designation of subject DCPUD property area and all adjacent lands within 350’ of the subject DCPUD property boundary; ii. Statement of how the project will meet the Approval Criteria and District Performance Standards as required by this section; iii. Proposed phasing of full DCPUD site development, including number of phases, development timeline, and FAR of building within each phase; iv. Listing of all required federal and state permitting and current status of permitting; v. Maximum building height for any proposed principal structure on site; maximum height of any additional appurtenant or accessory structure on site; vi. Description of proposed building materials for all principal and accessory buildings meeting the requirements of this ordinance; vii. Square footage calculation of full usable/buildable area within the DCPUD; viii. Maximum building coverage within the DCPUD site improvement boundary; ix. 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; 7 (c) Legal description of the property for which the DCPUD is requested; (d) All information required for Preliminary Plat as provided in § 152.040; (e) Certificate of survey illustrating the DCPUD property boundary; (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; viii. Location, width, and names of existing and proposed streets 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; (i) Delineation of the ordinary high water levels of all water bodies; (j) Grading, drainage and erosion control plan prepared by a registered professional engineer, 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; (k) Traffic study evaluating: i. Traffic volumes for passenger vehicles during normal operations; ii. Traffic volumes and routes for construction traffic during each phase of site development; iii. Any insufficient street or intersection design pursuant to project; 8 iv. Likely routes and frequency for commercial vehicles; v. Proposed location of pathway, including sidewalks and trails, connections through or along the site perimeter to ensure system connectivity to DCPUD boundary (l) A study that identifies both City and private utility supply and demand on the relevant system. Such study shall 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. 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. iii. The study shall provide for extension of all public facilities, including utilities, roadways, pedestrian facilities, and other such public facilities to the extent of the property boundary as determined by the City Engineer and approved by City Council; (m) A fiscal benefits statement, estimating the annual property tax generation from the project by phase, including a detailed analysis of City property tax share per Minnesota law. 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, 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; (n) Statement, study, or permit provided by the electric utility provider which demonstrates adequate capacity for the DCPUD and which details any impact to local or regional power supply; (o) Any other information as directed by the Community Development Department required to evaluate the specific Data Center PUD proposal. DCPUD Development Stage Permit 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 9 Approval Criteria of this chapter to formulate a recommendation regarding the rezoning to the Planning Commission and City Council. (d) As part of the review process for the Development Stage Permit, a Site Improvement Plan Agreement (SIPA) shall be prepared by the City following the application submittal, which details the development phasing, required site improvements, and financial impact and planning which embodies the terms and conditions of the approval given by the Council 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, the rezoning ordinance for DCPUD will not be considered and no development rights are conferred. (e) The Planning Commission shall hold a public hearing and consider the application’s consistency with the intent and purpose of the DCPUD and comprehensive plan goals. 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) The City Council may hold a public hearing on the request for DCPUD if they deem such necessary. 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. Approval of the amendment to rezone to DCPUD shall require the approval of two-thirds present of all the members of the City Council, except as may be exempted by state statute. Final Stage Permit Submittal Requirements. (a) Revised DCPUD Development Stage plans as identified above shall be updated to incorporate all changes required by the DCPUD Development Stage permit approval and Preliminary Plat; (b) All information required for Final Plat as provided in § 152.041; (c) Up-to-date title evidence for the subject property in a form acceptable to the city shall be provided as part of the application for the DCPUD Final Plat; (d) 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; 10 (e) 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) Private covenant documents or easements necessary to implement and maintain the DCPUD as approved by the city; (g) The applicant shall execute the final Site Improvement Plan Agreement which references all DCPUD site improvement plans and performance standards, required public improvements, completion dates for improvements, fiscal impact requirements, the required letters of credit, all required development fees and infrastructure improvement payments and/or securities, escrows, and warranties, and any other information deemed necessary by the city; (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 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 the City Council, except where State law may specifically require a super majority. (c) 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 11 described, the ordinance shall not take effect, and the subject property shall retain its previous zoning designation. Site Improvement Plan Agreement. (a) The DCPUD, if approved, shall be governed by the approve Site Improvement Agreement; (b) The agreement shall include, at a minimum, reference to DCPUD site improvement plans and performance standards, required public improvements, completion dates for improvements, fiscal impact requirements, the required letters of credit, all required development fees and infrastructure improvement payments and/or securities, escrows, and warranties, and any other information deemed necessary by the city; (c) 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. Timeline for performance. Upon DCPUD approval, the applicant is required to record the Final Plat within 360 days of the Council’s approval of Final Stage and Final Plat. A building permit for a principal structure within the first phase of development on site shall be filed within 6 months of the filing of the Final Plat. If there is a lapse of more than 3 years 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 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 PUD amendment which shall follow the same process as defined in this section for Development and Final Stage Permit. Such amendment shall not: 1. Eliminate, diminish, or vary from the minimum performance standards of this section; 2. Amend any Final Stage site improvement plan element required by this section; 3. Exceed any maximum or minimum established in the DCPUD Final Stage narrative; 12 4. Create non-compliance with any condition attached to the approval of the DCPUD Final Stage plan; 5. 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. Planning Commission Agenda – 08/19/2025 1 2. Public Hearing - Consideration of an Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use -Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to define and regulate data center and technology campus land uses within the City Prepared by: Grittman Consulting, Stephen Grittman, City Planner Meeting Date: 08/19/2025 Council Date (pending Commission action): TBD Additional Analysis by: Community Development Director, City Attorney, Public Works Director, Assistant City Engineer, Chief Building Official, Community & Economic Development Coordinator ALTERNATIVE ACTIONS Decision 1: Consideration of amendments to Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data center and technology campus land uses within the City 1. Motion to continue the public hearing and postpone action on the proposed amendments to Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance to define and regulate data center and technology campus land uses within the City to the September 2, 2025 regular Planning Commission meeting. 2. Motion of other. REFERENCE AND BACKGROUND Property: Legal Description: NA PIDs #: NA Planning Case Number: 2025.41 Request(s): Amendment to the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Sections 153.045 Industrial Base Zoning Districts, 153.046 Overlay Zoning Districts, 153.090 Use Table, 153.091 Use-Specific Standards, 153.092 Accessory Use Standards and any other related sections of text necessary to Planning Commission Agenda – 08/19/2025 2 define and regulate data center and technology campus land uses within the City Deadline for Decision: NA Land Use Designation: Light Industrial Park Zoning Designation: Proposed – Data Center Planned Unit Development Overlays/Environmental Regulations Applicable: NA Current Site Uses: NA Surrounding Land Uses: NA Project Description: Consideration of adoption of a new base Zoning District, known as the Data Center Planned Unit Development District (DCPUD) for the purpose of facilitating application and review of data center projects. ANALYSIS: Context The City has been working toward a process for consideration of data center development in Monticello, following a series of inquiries related to data center development in the community. The City adopted amendments to the Monticello 2040 Vision + Plan in early 2025 identifying the land use designation appropriate to data center uses and outlin ing 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 siting considerations, 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 mandates 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. Planning Commission Agenda – 08/19/2025 3 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 not easily accounted for in most common land use regulatory environments. 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. The comprehensive plan considerations noted above were incorporated into the language for the amendment to the 2040 Plan and 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 that 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. Planning Commission Agenda – 08/19/2025 4 The Planning Commission held two workshops in July of 2025 to discuss an ordinance approach and provide input on the components of a proposed data center ordinance. The second workshop was held jointly with the City Council. The ordinance presented for consideration is reflective of the workshop discussion, and has been informed by additional research and information, including from the data center development and industry community. At this time, staff is seeking additional input from the Planning Commission on the draft ordinance, as well as information and comment offered during the public hearing. These comments will further inform the ordinance draft. The ordinance is currently in outline format. For the September regular meeting of the Planning Commission, it will be revised and adapted to formal ordinance format for consideration. Ordinance Approach There are various optional paths to processing data center development requests. One approach would be to amend the existing industrial zoning districts to list data centers as an allowed use, together with expected conditions for such uses. Another would be to proceed under the City’s current Planned Unit Development (PUD) zoning, which would create a custom PUD district for each user as they come in. A third option would be to create an overlay district for data centers, which would then be placed over an existing zoning district, such as one or more of the City’s current industrial districts. The proposed ordinance presented for consideration is a hybrid of these options. The ordinance would establish a new zoning district, known as the Data Center Planned Unit Development District (DCPUD). This path was chosen as it helps the city reach the goals noted above and avoids some of the gaps or potential inconsistencies that could arise with the alternatives. The use of DCPUD as proposed requires rezoning to the DCPUD District for any data center or data center campus use. The DCPUD separates itself from an underlying industrial district by serving as its own base zoning designation. This approach avoids conflicts that can arise from determining which standards are more restrictive when applied - the base industrial district or the PUD or overlay district. The use of rezoning also provides for significant discretion on the part of the City, as it is a legislative action of the City. The DCPUD as proposed allows the City to use a customized process for review of an application, as opposed to the standard “permitted use” or “conditional use” zoning approach. Data Centers will be permitted uses in the DCPUD, but the standards and process for review will be specific to the use, reflecting the unique challenges and benefits data centers present. The Planning Commission Agenda – 08/19/2025 5 ordinance also recognizes that due to the nature of the data center use, the submittals required to review the proposed development differ from those for a typical planned unit development. Unlike the traditional PUD process, the proposed DCPUD approach does not allow the same level of flexibility from identified standards. Typical PUD zoning implies a level of flexibility – along with a companion level of added enhancement – that rises from a series of negotiated development goals and elements. The proposed DCPUD ordinance allows data centers as permitted uses, but only under a specific set of minimum performance standards. As drafted, a variance would be required for any deviation from the minimum performance standards of the DCPUD. However, by establishing the expectations for these uses in the ordinance, there can be a high degree of predictability for applicants. Ordinance Components The proposed ordinance incorporates the following elements: 1. Purpose. This statement outlines the intent of the district. 2. Definitions Unique to the District. These definitions are integral to this use and added here to clarify the use or uses allowed. The formal ordinance will also include these within the Definitions section of the chapter. 3. Approval Criteria. These elements identify the expectations of the use, and how the City will evaluate any particular application for decision. Many of these statements reflect, or are refinements of, the goals identified in the Comprehensive Plan. They include operational aspects of the use, and the appropriate locations for a DCPUD. The decision to rezone a property to DCPUD is one of the aspects of City decision-making that provides a high level of discretion. Each of the criteria is necessary to make a positive finding for rezoning. Included in this list of criteria is assurance (and reasonable evidence to find) that the data center use will not negatively replace other City land use development opportunity or ability to provide utility extensions to serve other growth. The subsequent list of required application submissions is designed to provide that evidence. 4. Permitted Uses. Provides for data centers and their related activities, both principal and accessory uses. Once rezoned, data centers are a presumed allowable use – including the variety of ancillary elements that come along with various types of projects. While they are “permitted” in the sense that there is no discretion as to their legality in the district, they are also subject to the performance standards of the district. That is, a permitted use incorporates all of the requirements of the district to be considered an allowable land use. Planning Commission Agenda – 08/19/2025 6 5. Accessory Uses. These include those aspects of data center development (specifically related to outdoor mechanical equipment) that are often unique to this use. The section also refers to site development improvements and accessory structures as regulated by the general zoning ordinance. These elements of data center development are specified here to ensure and clarify that data center projects include more than just the central use (buildings containing computer processing hardware). A point of consideration is that the electrical substations that commonly accompany these uses are proposed to be allowed as an accessory use as currently drafted and includes a specific set of performance requirements. The city could consider these as separate uses instead. Substations are often essential to larger data center campuses. 6. Prohibited Uses. Although the Zoning Ordinance generally requires that unlisted uses are presumed to be prohibited – and as such, prohibited uses are not typically listed separately – the uses included here clarify the narrow nature of the DCPUD district intent. The prohibited uses have other impacts inconsistent with the intent of the 2040 Plan for data center development and the purpose of the data center ordinance. 7. District Performance Standards. These standards regulate both the site development and ongoing operational aspects of data center development. They focus on components of the use which have external impacts, with less focus on regulating improvements internal to the site and which generally have limited external impacts. These standards are intended to both facilitate decisions on rezoning for specific locations, as well as to set expectations for operation of the facility. If it cannot be demonstrated that the standards can be met in a particular location, it would be a basis for establishing a different land use and, presumably, denying a data center development application. Similarly, once approved and when operated consistent with these standards, the City, the user, and the neighboring property should have a clear expectation of nature of the use and its impacts. Included in the Performance Standards: a. Floor Area Ratio b. Building Setback c. Building Height d. Building Height e. Noise Limits f. Lighting g. Landscaping and Screening h. Fencing Design and Placement Planning Commission Agenda – 08/19/2025 7 8. DCPUD Initiation of Proceedings. This section refers to the existing zoning ordinance as to those eligible to file a land use application. 9. DCPUD Application. This section outlines the information and process required to prepare an application for the District. It further coordinates a DCPUD zoning application with the requirements for platting and the terms and processes of the City’s Subdivision Ordinance as may be applicable. 10. DCPUD Rezoning and Development Stage Submittal Requirements. Provides for the application submittals required. The list of required application materials is designed to provide the information necessary to determine that a DCPUD district should be created for a specific site, and then to evaluate whether a submitted application can prove consistency with the various standards of the district ordinance. For purposes of creating the district and considering a rezoning, the material needs to support a rezoning decision. As a “Development Stage PUD”, the material submitted will verify the ability of the applicant to meet the terms of the City’s rezoning requirements for DCPUD. As noted above, the data submitted in this section is intended to document consistency with the goals of the Comprehensive Plan, focusing on the external impacts of the use and City’s ability to grow the community reasonably and responsibly. The submittals do not include requirements for detailed building plan s or landscaping plans as is common under a general PUD. Rather, the development of a DCPUD is expected to comply with the minimum DCPUD performance standards, which will be verified at site plan review and building permit. One of the unique aspects of this list is the “Fiscal Benefits Statement” – an estimate that is intended to verify the City’s ongoing ability to serve other growth and to understand the positive fiscal tax base expected from development of this nature. Because beneficial property tax revenue is the primary City objective for data center approval, the Fiscal Benefits Statement is crucial to show that the project will pay for the increased demand for utility services, as well as generate positive tax revenues in the years to come. 11. DCPUD Development Stage Permit (and Preliminary Plat) Review. Provides the required process for review, including the requirement for public hearing. This section specifies the use of a “Site Improvement Plan Agreement”, an agreement that governs the terms of the City’s approvals and the applicant’s ongoing development and use of the property. The draft Site Improvement Plan Agreement is incorporated into this review to ensure that the Final Stage review (below) is a primarily ministerial review, without the need or expectation to close gaps in the project’s design or elements. Planning Commission Agenda – 08/19/2025 8 12. Final Stage Permit Submittal Requirements. For Final Stage consideration in the DCPUD, the applicant is asked to provide updated documentation of compliance with the terms of the district and any conditions placed on the City’s approval of Development Stage review. The expectation at this stage is that all final plans, reports, and other documents will be in final form. 13. DCPUD Final Stage and Final Plat Review. The process for review and approval is identified in this clause. Final Stage Permit is not expected to be a discretionary level of review. Instead, it is primarily a ministerial check to ensure that the applicant has provided all of the data and proper assurances required by the District and by the Development Stage approvals. At this stage, City Council would, if all conditions have been met, authorize execution of the Site Improvement Plan Agreement and publish the rezoning ordinance. 14. Site Improvement Plan Agreement. This clause specifies the use and role of this agreement in monitoring development and ongoing compliance. 15. Site Plan review. Specifies that development of the site is subject to an administrative review to verify compliance with the Site Improvement Plan agreement and the DCPUD code performance standards. 16. Timeline for performance. The language of this section is intended to ensure that a project is initiated within a reasonably short timeframe and moves forward diligently to completion. Initiation would mean filing of a final plat within 360 days of Council approval consistent with the City’s subdivision ordinance, filing for building permit approvals within 6 months of the filing of the Plat, and require continual progress on construction improvements. It incorporates a limit on the time that can elapse between phases, suggested to be a maximum lapse of 3 years. As the City considers dedicating significant resources to these projects, it is incumbent on the data center owner/user to proceed with its project in a timely manner. As noted in the Fiscal Impacts discussion above, the City is relying on property tax benefits from these proj ects as the underlying rationale for approval. It is thus critical that the projects proceed and are built out in a reasonable period of time. 17. Amendment to DCPUD. As projects are built out over phases, it is expected that internal modifications may occur. This section outlines the conditions under which an existing approved project can continue to evolve, and/or when it will require additional review and approval. Again, it is expected that a required amendment will be enforced when the external impacts of a project are substantively modified. Internal development is Planning Commission Agenda – 08/19/2025 9 anticipated to change over time, without need for revisions to the DCPUD zoning or its Site Improvement Plan Agreement. 18. Revocation. This clause, a common “ultimate” remedy (although very uncommonly used) for City zoning violations, is included in this ordinance, to ensure that the City retains this authority even though the ordinance and district are unique in nature. STAFF RECOMMENDED ACTION Staff recommend continuing the hearing and postponing action on the ordinance at this time. The ordinance is in draft form at present and additional discussion by the Commission and input from the public is requested prior to finalizing the ordinance for recommendation by the Commission. The draft is also subject to the continued review for revision by the City Attorney. SUPPORTING DATA A. Ordinance Outline - DRAFT B. Reference – Setbacks, Building Height & Floor Area Ratio C. MN Pollution Control Agency – A Guide to Noise Control in Minnesota D. Floor Area Ratio Guidebook, Metropolitan Council E. Reference – Data Center Example Site Images 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 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 CITY OF MONTICELLO FLEET FARM | 650' SETBACK FROM CHELSEA RD Setbacks : 350'+ SETBACKS & HEIGHT 31‘ HEIGHT (SILO 65') 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 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 A Guide to Noise Control in Minnesota Acoustical Properties, Measurement, Analysis, and Regulation November 2015 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. 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 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 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). 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. 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 4 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 5 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 6 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 7 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 8 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 9 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 10 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 11 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 12 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 13 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 14 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) A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 15 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 16 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 17 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) A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 18 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 19 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 20 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 21 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 22 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 23 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 24 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 25 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 A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 26 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 27 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 28 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 29 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 30 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. A Guide to Noise Control in Minnesota • November 2015 Minnesota Pollution Control Agency 31 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. WHAT IS FAR? Floor area ratio (FAR) is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area). FAR is an effective way to calculate the bulk or mass of building volume on a development site, and is often used in conjunction with other development standards such as building heights, lot coverage and lot area to encourage a community’s desired arrangement and form of development. In this context, higher FARs indicate greater building volume. PURPOSE AND ROLE IN PLANNING FAR is most often used to express development intensity of non-residential land uses, and integrated into a community’s zoning and other land development controls. FAR can be used to either limit the intensity of land use to lessen the environmental impacts of development or to control the mass and scale of development. In addition, by referencing characteristics for a given land use such as number of employees and number of vehicle or transit trips per square foot of building space, FARs can estimate the potential impact of a proposed development scenario. FAR is sometimes used as an analytical tool for projecting the impact of different land use and development intensity scenarios. HOW TO CALCULATE FAR Typically, FAR is calculated by dividing the gross floor area of a building(s) by the total buildable area of the piece of land upon which it is built. Your community may choose to measure floor area and land area differently based upon local standards, policies, and other conditions. However, to calculate FAR using gross floor area and buildable land area, take the following steps: STEP 1.Determine the total BUILDABLE LAND AREA, in terms of square feet, for the site. Buildable land area is that portion of a development site where construction can legally and reasonably occur – so public streets and rights-of way, wetlands and watercourses, and other constraints would not be included. Buildable Land Area (B) = (Parcel Width x Parcel Depth) – Square feet of undevelopable land (if applicable) STEP 2.Determine the FLOOR AREA of each story of the building. Calculate the area of each story (floor) of the building, typically measured between the exterior walls. Those portions of each story above the ground surface prior to any manipulation or grading are usually included in the calculation. STEP 3.Determine the GROSS FLOOR AREA of the Building. Gross floor area is the sum of the floor area of each story. Gross Floor Area (G) = Floor Area of 1st Story + Floor Area of 2nd Story… for all floors above the ground STEP 4.Calculate the FLOOR AREA RATIO. Divide the GROSS FLOOR AREA by the BUILDABLE LAND AREA. The result is the Floor Area Ratio (FAR). Floor Area Ratio (FAR) = (G)/(B) CALCULATING FLOOR AREA RATIO LOCAL PLANNING HANDBOOK Continue to next page June 2015 Metropolitan Council 390 Robert Street North Saint Paul, MN 55101 metrocouncil.org Main: 651.602.1000 TTY: 651.291.0904 Public Information: 651.602.1500 public.info@metc.state.mn.us LOCAL PLANNING HANDBOOK FAR ILLUSTRATED EXAMPLE: Calculating FAR A development company is planning to build a two-story building on a rectangular parcel that has 100 feet of street frontage and 200 feet of depth. The first story measures 50 feet by 200 feet, and the second story measures 50 feet by 200 feet. There are no public rights-of-way, or other exceptional development limitations on the parcel. Step 1. Determine the total BUILDABLE LAND AREA for the site. (B) = (Parcel Width x Parcel Depth) (B) = 100 ft. x 200 ft. (B) = 20,000 ft2 Step 2. Determine the FLOOR AREA of each story of the building. Story 1 Floor Area = 50 ft. x 200 ft. = 10,000 ft2 Story 2 Floor Area = 50 ft. x 200 ft. = 10,000 ft2 Step 3. Determine the GROSS FLOOR AREA of the Building. (G) = 10,000 ft2+ 10,000 ft2 = 20,000 ft2 Step 4. Calculate the FLOOR AREA RATIO. FAR = G/B FAR = 20,000 ft2 / 20,000 ft2 = 1.0 Figure 1. FAR Illustration (Image Credit: Julie Campoli, Visualizing Density) DATA CENTER EXAMPLES STREETVIEW MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: NOV., 2021 AERIAL MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 COUNCIL BLUFFS , IOWA DATA CENTER EXAMPLES STREETVIEW 1430 VETERANS MEMORIAL HIGHWAY MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: JULY, 2024 AERIAL | 1430 VETERANS MEMORIAL HIGHWAY MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 WEST DES MOINES , IOWA DATA CENTER EXAMPLES STREETVIEW 550 WHITE CRANE RD MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: JULY, 2024 AERIAL | 550 WHITE CRANE RD MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 WEST DES MOINES , IOWA DATA CENTER EXAMPLES AERIAL | 1497 SE MAFFITT LAKE CT MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 *STREETVIEW NOT AVAILABLE YET WEST DES MOINES , IOWA DATA CENTER EXAMPLES AERIAL | WACO ST. ELK RIVER, MINNESOTA MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: 2025 ELK RIVER, MINNESOTA STREETVIEW 14181 BUSINESS CENTER DR., ELK RIVER, MN MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: MAY, 2025 STREETVIEW 18195 WACO ST., ELK RIVER, MN MAPS DATA: © 2025 GOOGLE, IMAGE CAPTURE: MAY, 2025 Despite these ch allenges, data centers play a crucial role in supporting the digital economy and provide significant benefits, such as job cre ation and the pro vision of essential ser vices. Ul timately, the devel opment and operation of data centers in Omaha involve a balancing act be tween the benefits they offer and the need to address the associate d environmental and infrastructure concerns. 2 data center planning and that's exactly what is happening to Monticello. There is a shadowy billionaire company masquerading as a local Monticello business which we have discovered is Black rock. I hope the Monticello City Council members did not sign NDA's like Farmington's city officials. I discovered that the project in Farmington had been in the planning phase for 1 1/2 years or longer before the public was notified. Word is getting out and 95% of citizens will not be pro-data Center in their town. Anyone that is looking out for the best interests of Monticello citizens and its resources would not be pro-data center. The tax rewards to not equate to the environmental damage and high bills that Monticello residents will be left with. Thank you, Tina Forster 2 Planning Commission Agenda – 09/02/2025 1 2B. Public Hearing - Consideration of a request for an Amendment to the Conditional Use Permit for Planned Unit Development for a Retail Use as a Principal Use in the B-4, Regional Business District and Conditional Use Permit for Cross Access. Applicant: Josh Iaquinto Prepared by: Grittman Consulting, Stephen Grittman, City Planner Meeting Date: 09/02/2025 Council Date (pending Commission action): 09/22/2025 Additional Analysis by: Community Development Director, Assistant City Engineer, Community & Economic Development Coordinator ALTERNATIVE ACTIONS Decision 1: Consideration of a Request for Amendment to the Conditional Use Permit for Planned Unit Development for a Retail Use as a Principal Use in the B-4, Regional Business District and Conditional Use Permit for Cross Access 1. Motion to adopt Resolution No. PC-2025-33 recommending approval of a Request for Amendment to the Conditional Use Permit for Planned Unit Development for a Retail Use as a Principal Use in the B-4, Regional Business District and Conditional Use Permit for Cross Access, subject to the conditions in Exhibit Z and based on findings in said resolution. 2. Motion to adopt Resolution No. PC-2025-33 recommending denial of a Request for Amendment to the Conditional Use Permit for Planned Unit Development for a Retail Use as a Principal Use in the B-4, Regional Business District and Conditional Use Permit for Cross Access, subject to the conditions in Exhibit Z and based on findings in said resolution. 3. Motion to table action on Resolution No. PC-2025-033. REFERENCE AND BACKGROUND Property: Legal Description: Lot 3, Block 1, Union Crossings Third Addition PID #: 155212001030 Planning Case Number: 2025-39 Planning Commission Agenda – 09/02/2025 2 Request(s): Consideration of a Request for Amendment to the Conditional Use Permit for Planned Unit Development for a Retail Use as a Principal Use in the B-4, Regional Business District and Conditional Use Permit for Cross Access. Deadline for Decision: October 5, 2025 (60-day deadline) December 4, 2025 (120-day deadline) Land Use Designation: Regional Commercial Zoning Designation: B-4: Regional Business Overlays/Environmental Regulations Applicable: Freeway Bonus District Current Site Uses: Vacant Land Surrounding Land Uses: North: Commercial East: Vacant Land South: Freeway West: Commercial Project Description: The applicant proposes to construct a new retail facility on the site of approximately 4,400 square feet, including associated parking, and utilizing the existing driveway access point to 7th Street that is shared with the property to the west (the recently approved Big Bore restaurant). The proposed site is a part of the Union Crossings Planned Unit Development, and requires Conditional Use Permits for the amendment to that PUD, as well as to utilize the cross-access driveway. ANALYSIS: The subject site is located north of Interstate 94, south of 7th Street and west of Highland Way. The existing Planned Unit Development contains Home Depot, Target, an inline retail center, a freestanding multi-tenant retail center and multiple pad sites. The subject site is located south of the Home Depot building, and adjoins the Big Bore restaurant (formerly McDonalds), which lies to the west of the subject property. Zoning. The subject site is zoned B-4, Regional Business. The purpose of the B-4 regional business district is to provide for the establishment of commercial and service activities which Planning Commission Agenda – 09/02/2025 3 draw from and serve customers from the entire community or region. The site is further covered by a Conditional Use Permit for Planned Unit Development, which controls the larger Union Crossings commercial areas both to the north and south of 7th Street. A small corner of the lot is impacted by the Mississippi River Wild and Scenic Overlay District, however, the development is consistent with the previously approved Union Crossings PUD under that zoning designation. CUP/PUD. The Union Crossings Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. It is the applicant’s responsibility to design the development with significant benefits and communicate those benefits to the City for allowing a CUP/PUD. The original CUP/PUD included this site as a shared driveway with the former McDonald’s restaurant. There are no proposed changes to the existing access drive, other than to connect to it for access to the subject property’s parking lot. Access and Circulation. Access to the site is provided off 7th Street, in the northwest corner of the site. The site includes an existing curb cut 40 feet in width. The proposed width accommodates a right-turn lane and encroaches across the property line to the east. The access aligns with the existing access on the north side of 7th Street, into the Home Depot property. Internal drive aisles are proposed at a minimum width of 24 feet, with parking stall depths of 20 feet – consistent with the City’s zoning regulations. The applicant’s site plan continues joint access arrangement with the property to the west. Cross access agreements will require verification and updating with both adjoining properties. Pedestrian Circulation. The applicant’s plans appear to include the addition of pedestrian crossing markings across the shared access point. The sidewalk along the south side of 7th Street is proposed to terminate at this parcel, given the significant narrowing of available land to the east. This crosswalk marking will support connection of the site to the existing 7th Street crossing from this parcel and the adjoining Big Bore parcel. The applicant is required to continue to maintain these markings as part of their approval. An internal sidewalk appropriately connects the west parking area and the front of the building to the public sidewalk area. Parking. The parking requirement for retail spaces is one space per 200 square feet, excepting non-productive spaces such as restrooms, mechanical rooms, etc. The site plan illustrates 42 spaces, more than double the minimum requirement for this building and use. The applicant would be able to eliminate several of these spaces if desired, and retain additional green space on the site. Planning Commission Agenda – 09/02/2025 4 Landscaping. For commercial development, landscape planting is required at the rate of 10 caliper inches of trees per acre, and 2 shrubs per 10 perimeter feet of building. The subject property is 1.1 acres is size, and the building has a perimeter length of 284 total linear feet. These dimensions yield a planting requirement of 11 caliper inches of trees, and 56 shrubs. The applicants have provided a landscape plan showing tree and shrub plantings in the proposed planting areas. Tree planting includes more than 30 caliper inches of trees overall, and proposed shrub plantings total 35 shrubs and 37 perennial grasses and forbs. The City has accommodated perennial plantings to supplement the minimum shrub planting numbers where appropriate, particularly in PUD projects that are consistent with the general intent of the PUD zoning. Staff supports the plans as consistent with the PUD and other approved planting plans in the district. The applicant is required to submit a landscaping security per ordinance to guarantee compliance with the plan. Lighting. A photometric plan has been submitted for the site, indicating the use of wall lighting on the building, and no freestanding pole lighting. The zoning ordinance restricts any light, or combination of lights, from casting glare onto public street in excess of 1 footcandle, when measured at the centerline of the street. The photometric plan indicates readings that are at 0.0 footcandles along all property lines. Signage. The site and building plans show wall signage only. The total maximum allowable sign area for any wall shall be determined by taking 10 percent of the gross silhouette area of the front of the building up to 100 square feet, whichever is less. For single or business structures, the total maximum allowable signage on the property shall be 300 square feet. The applicant has legal frontage on 7th Street and Interstate 94, making it eligible for wall signage on two sides of the building. The proposed wall signage is well within the allowances of the code in this respect. Building Design. The applicant is proposing the primary use of E.I.F.S. on the exterior of the building in two colors, with contrasting brick veneer piers and parapet coping on the upper portion of the structure, which varies in height across the façade of the building. The plans also show a connected trash enclosure on the east side of the building, covered with similar materials. The location of the trash enclosure is inconspicuous and should blend into the site’s development plan. The proposed plans further include an outdoor patio on the west side of the building that will be utilized by customers as a part of their patronage of the facility. No food service is planned for this project. Engineer’s Letter. The City Engineer will provide comment on site drainage and utilities services. Planning Commission Agenda – 09/02/2025 5 STAFF RECOMMENDED ACTION Staff recommend approval of the amendment to the Union Crossing CUP/PUD for the MN Sports Cards retail facility. This recommendation is based on the compliance of the site and building plans with applicable PUD and zoning district requirements, and consistency with the general Union Crossings Plan. This recommendation is subject to the conditions identified in Exhibit Z of this report. SUPPORTING DATA A. Resolution PC-2025-033 B. Aerial Site Image C. Applicant Narrative D. Certificate of Survey (included with Site Plan, Item E.a.) E. Plans, Including: a. Site Plan b. Grading & Drainage c. SSWP d. Storm Sewer Plan e. SWPPP f. Existing Conditions & Removals Plan g. Landscaping Plan h. Floor Plan i. Elevations j. Photometrics F. City Engineer’s Letter, dated August, 22 2025 G. Chief Building Official’s Letter, dated August 26, 2025 H. 2040 Vision + Plan Chapter 3 - Future Land Use Map I. 2040 Vision + Plan Chapter 3 - Regional Commercial Z. Conditions of Approval Planning Commission Agenda – 09/02/2025 6 EXHIBIT Z Conditions of Approval Amendment to Conditional Use Permit for PUD and Cross Parking Lot 3, Block 1, Union Crossings 3rd Addition 1. Cross parking and access rights and agreements are verified between the subject parcel and adjoining parcels, and the applicant further verifies commitment to any future reasonable modifications as adjoining parcels develop or redevelop. 2. The applicant completes and maintains crosswalk markings connecting to the public sidewalk and existing crosswalk system as shown in the site plan. 3. Site landscaping is completed as approved, with required maintenance securities as specified in the Zoning Ordinance. This requirement is an ongoing requirement of CUP and site plan approval. Materials that are removed or fail to survive shall be replaced, regardless of landscape guarantees. A landscaping security shall be provided as per ordinance. 4. Amend and execute as required any required cross-access and cross-parking agreements required for the site and adjoining parcels. 5. Compliance with the terms of the City’s Engineering Staff letter dated August 22, 2025. 6. Compliance with the terms of the Chief Building Official’s letter dated August 26, 2025. 7. Comments and recommendations of other Staff and Planning Commission. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-33 1 RECOMMENDING APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR A RETAIL FACILITY AS A PRINCIPAL USE AND CONDITIONAL USE PERMIT FOR CROSS-ACCESS AND PARKING PID 155-212- 001030 WHEREAS, the applicant has submitted a request for an amendment to a Conditional Use Permit Planned Unit Development with cross parking and access in support of their building; and WHEREAS, the proposed facility is intended to construct a new retail building on an existing undeveloped parcel; and WHEREAS, the applicant proposes to install site and building improvements consistent with the Union Crossings PUD; and WHEREAS, the site is zoned as B-4, Regional Commercial and is subject to a Conditional Use Permit Planned Unit Development, which allows this use by Conditional Use Permit; and WHEREAS, the zoning ordinance provides for cross parking and access by Conditional Use Permit where such facilities improve access, manage impacts on the public street, and minimize overall parking lot pavement between adjoining uses; and WHEREAS, the proposed facility is located in a retail commercial area, and would facilitate appropriate use; and WHEREAS, the Planning Commission held a public hearing on September 2nd, 2025, on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The proposed use is consistent with land use plans and prior approvals for the zoning and applicable PUD regulations. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-33 2 2. The applicant has provided plans showing the development of the facility with the accommodation of cross parking utilizing adjoining private property. 3. The facility will fit the intent of the Union Crossings PUD and B-4 zoning, with development as shown on the approved plans. 4. The property would be otherwise restricted from reasonable use without the proposed CUP and access to both public street and parking. 5. The zoning ordinance encourages the use of cross parking options to make more efficient use of parking facilities where sharing of such facilities supports all properties subject to the CUP. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approve the Conditional Use Permit for a retail development with cross parking and access, subject to the conditions identified in Exhibit Z of the Staff report, as listed below: 1. Cross parking and access rights and agreements are verified between the subject parcel and adjoining parcels, and the applicant further verifies commitment to any future reasonable modifications as adjoining parcels develop or redevelop. 2. The applicant completes and maintains crosswalk markings connecting to the public sidewalk and existing crosswalk system as shown in the site plan. 3. Site landscaping is completed as approved, with required maintenance securities as specified in the Zoning Ordinance. This requirement is an ongoing requirement of CUP and site plan approval. Materials that are removed or fail to survive shall be replaced, regardless of landscape guarantees. A landscaping security shall be provided as per ordinance. 4. Amend and execute as required any required cross-access and cross-parking agreements required for the site and adjoining parcels. 5. Compliance with the terms of the City’s Engineering Staff letter dated August 22, 2025. 6. Compliance with the terms of the Chief Building Official’s letter dated August 26, 2025. 7. Comments and recommendations of other Staff and Planning Commission. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-33 3 ADOPTED this 2nd day of September, 2025 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Andrew Tapper, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director Request for CUP for PUD Amdt Legal: Lot 3, Blk 1, Union Crossings 3rd Addn. | PID: 155212001030 Created by: City of Monticello 236 ft City of Monticello Conditional Use Permit Narrative MN Sports Cards The proposed building / business that will go on Lot 3, Block 1, Union Crossings Third Addition is MN Sports Cards. MN Sports Cards is a retail store that sells sports cards. The business is open Tuesday – Sunday, operating between 11am – 6pm. There are usually 6 employees working during business hours. The CUP is for the cross-access agreement with the adjacent lot and an amendment to the CUP for PUD for Union Crossings. The proposed site development is consistent with planned land use and type of development. The project meets all applicable conditional use criteria. 1. The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; Correct 2. The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; Correct 3. The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; Correct 4. The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; Correct 5. The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with city code requirements; Correct 6. The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; Correct 7. The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled; Correct 8. The conditional use will adhere to any applicable additional criteria outlined in §§ 153.090 through 153.093 for the proposed use. Correct www.ci.monticello.mn.us OFFICE: 763-295-2711 FAX: 763-295-4404 505 Walnut Street Suite 1 Monticello, MN 55362 August 22, 2025 Re: MN Sports Cards The Engineering Department has reviewed the Civil Plans dated 7-31-25 and offers the following comments: General Comments 1. Show Emergency Overflow from low points to offsite and verify 1.5’ freeboard. 2. Remove note 25 from sheet C3.1 3. Coordinate with pedestrian ramp construction with adjacent property owner. The City is not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City’s standards. Please have the applicant provide a written response addressing the comments above. Please contact the Engineering Department with any questions. Sincerely, Ryan Melhouse Assistant City Engineer August 26, 2025 Re: MN Sports Cards General Comments The City is not responsible for errors and omissions on the submitted plans. The Owner/ Developer, and Engineer of record are fully responsible for changes or modifications required during construction to meet the City Standards and the applicable Minnesota codes. 1. The City requires you to install a fire key box on the outside of your building. Please contact the Department of Building Safety/Fire Inspector for these requirements. 2. The City requires address (XXXX) posted on 7th street East side of your building. Please refer to the city code/ordinance for specific size. 3. Prior to excavation and construction, the permittee shall submit to the City of Monticello through certificate of survey that the proposed construction follows all land use, zoning, conditional use, or planned use as part of the building permit application. The certificate of survey shall be signed by a registered Minnesota land surveyor. These items are subject to approval of the Monticello Department of Building Safety. This is a preliminary list of items that need to be addressed. Sincerely, Bob Ferguson Chief Building Official/Zoning Administrator 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 LAND USE, GROWTH AND ORDERLY ANNEXATION 36 2018 Correlating Zoning District ZONING INFORMATION 2018 Correlating Zoning District B-3 Highway Business District B-4 Regional Business District LAND USE MIX Commercial • “Big Box” Stores • Department Stores • Hotels • Restaurants Recreational • Plaza • Public Space REGIONAL COMMERCIAL (RC) The Regional Commercial designation includes large-scale commercial uses serving a regional market, typically on large sites along the Interstate or major arterials roadways such as State Highway 25. Retail uses within this category usually have large floor areas and high sales volumes and may be considered shopping “destinations” by consumers from the region. Uses such as furniture and electronic stores, farm supply, home improvement stores, department stores, “big box” retailers, hotels and restaurants are included. Smaller and more local-serving retail uses, and personal services are generally not appropriate but could be allowed if complementary to a regional use. VISUAL EXAMPLE LOT PATTERN DEVELOPMENT FORM • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories, 4 stories for hotels or office • Lot Area - N/A Primary Mode Vehicular with access to collectors and arterials Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities MOBILITY Planning Commission Agenda – 09/02/2025 1 2C. Public Hearing - Consideration of a request for an amendment to Title XV, Chapter 153: Zoning, Chapter § 153.091 Use-Specific Standards for sections related to the regulation of Cannabis buffers and industrial cannabis businesses Applicant: City of Monticello Prepared by: Community & Economic Development Coordinator Meeting Date: 09/02/2025 Council Date (pending Commission action): 09/22/2025 Additional Analysis by: Community Development Director, City Planner ALTERNATIVE ACTIONS Decision 1: Consideration of an amendment to Title XV, Chapter 153: Zoning, Chapter § 153.091 Use-Specific Standards for sections related to the regulation of Cannabis buffers and industrial cannabis businesses 1. Motion to adopt Resolution No. PC-2025-034 recommending approval of an amendment to Title XV, Chapter 153: Zoning, Chapter § 153.091 Use-Specific Standards for sections related to the regulation of Cannabis buffers and industrial cannabis businesses based on findings in said resolution. 2. Motion to adopt Resolution No. PC-2025-034 recommending denial of an amendment to Title XV, Chapter 153: Zoning, Chapter § 153.091 Use-Specific Standards for sections related to the regulation of Cannabis buffers and industrial cannabis businesses based on findings in said resolution. 3. Motion to table action on Resolution No. PC-2025-034. REFERENCE AND BACKGROUND Property: Legal Description: City of Monticello Planning Case Number: 2025-41 Request(s): Amendment to the regulations for Cannabis buffers Deadline for Decision: NA Land Use Designation: NA Zoning Designation: Multiple Planning Commission Agenda – 09/02/2025 2 Overlays/Environmental Regulations Applicable: NA Current Site Uses: NA Surrounding Land Uses: NA Project Description: Consideration of amendments to the zoning ordinance related to the regulation of cannabis-related business buffers and industrial cannabis businesses subject to the conditions in Exhibit Z and based on findings in said resolution. ANALYSIS The State of Minnesota has legalized recreational adult-use cannabis and a regulatory framework for cannabis and lower-potency hemp products. Minnesota Statutes Chapter 342 legalizes the possession, use, manufacturing, and sale of certain cannabis products. The law also establishes the Office of Cannabis Management (OCM), which will be responsible for the regulation of the cannabis and hemp consumer industry in Minnesota, including licensure. The City adopted the General Regulations applicable to all cannabis uses on November 25, 2024. Since that time, the City has processed one amendment to the cannabis-related ordinances, establishing accessory use allowances for the sale of lower potency hemp edibles. As the ordinance has been applied, staff has identified other amendments that support the City’s regulation intent for cannabis-related businesses. Staff is proposing a set of additional amendments relating to buffer standards and reasonable location restrictions for industrial cannabis-related business uses. Buffer Requirements The ordinance as adopted establishes the minimum buffers between cannabis businesses and schools, parks, childcares, and residential treatment facilities. The City can be less restrictive than the state in setting buffer distances, but not more so. The adopted buffers within the ordinance fall within the parameters of state maximums as follows: (10) No cannabis-related business use shall be located closer to any property occupied by any of the following uses, measured as a horizontal distance from the closest point of the property on which the cannabis business is located to the closest point of the property occupied by: a. School: 1,000 feet. b. Day care: 500 feet from any day care facility that is located in a zoning district where cannabis businesses are not allowed. This buffer shall not apply Planning Commission Agenda – 09/02/2025 3 to day care facilities that are located in a zoning district in which a cannabis business is allowed. c. Residential Treatment Facility: 500 feet. d. Public Park: 500 feet from amenities regularly used by minors within a public park. Public parks included shall be as identified in the City’s most currently adopted Park System or Master Plan. This buffer shall not apply to sidewalks or trails, or other public lands. As staff have addressed inquiries about cannabis locations relative to the buffers, we have noted that several buffers effectively extend over Interstate 94 on both the north and south side as shown in Exhibit D. The proposed amendment language would limit the extent of the buffer at its intersection with I-94. Staff believes the buffers would still remain adequate for parks, childcare, schools and residential treatment centers with this added limitation. Preliminary review of impacted areas include East 7th Street parcels east of the TH-25 (Item A), Fallon Avenue and Chelsea Road (Item B), part of Union Crossings (1447 – 1571 East 7th) (Item C), as well as sections of publicly-held land near East Broadway and I-94 (Item D). Industrial Cannabis Business Location Staff is also recommending a change to the ordinance for Industrial Cannabis Businesses when abutting residential properties. The ordinance as currently adopted prohibits the location of an industrial cannabis-related businesses in the I-2 (Heavy Industrial) District when adjacent to residential zoning district. Staff is recommending uniform regulations for both the I-1 (Light Industrial) and I-2 Districts. The amended ordinance would state that no I-1 parcel may be used for cannabis-related businesses if such parcel abuts a residential district, mirroring the current regulations for the I-2 district. Exhibit E, parcel map, highlights the I-1 parcels in purple, and residential properties in green and maroon shade. Although there are limited parcels affected, as Monticello grows additional industrial land may be acquired in the future alongside continued residential development, with this change offering considerations and protections for future development. As a notation, staff has inquired of the City Attorney’s office whether the same reasonable restriction for location can be adopted to limit retail cannabis-related businesses adjacent to residential zoning districts. Clerical Reference In a review of the ordinance hierarchy, it appears that references to Section 153.091(C) as detailed within the commercial and industrial use regulation sections are in error. The reference is intended to refer to the "General regulations application to all uses” section, 153.091(A). The proposed amendment corrects this error. Planning Commission Agenda – 09/02/2025 4 STAFF RECOMMENDED ACTION Staff recommends alternative 1 above for adoption of the proposed cannabis zoning regulations relating to buffers along the I-94 Interstate and Industrial Cannabis Businesses. The recommendation is based on findings specified in the resolutions recommending approval, including the City’s authority to consider zoning ordinances for the purpose of promoting the public health, safety, and general welfare for the municipality. It is fully recognized that as Minnesota’s cannabis law is implemented, further amendments to address rulemaking by the Office of Cannabis Management and additional legislative action may be needed SUPPORTING DATA A. Resolution PC-2025-034 B. Ordinance No. 8XX C. Official Zoning Map D. Cannabis Buffers on Interstate-94 E. Residential/Industrial Map – Abutting Parcels F. Adopted Cannabis Ordinances CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC 2025-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE XI: LAND USAGE, CHAPTER 153: ZONING PROVIDING FOR THE REGULATION OF CANNABIS BUFFERS AND INDUSTRIAL CANNABIS BUSINESSES WHEREAS, the State of Minnesota has City has enacted Minn. Stat. Chapter 342 authorizing the operation of cannabis-related business and lower potency hemp edible business enterprises; and WHEREAS, the legislation authorizes local government to exercise land use management regulations over cannabis and lower potency hemp edibles business operations; and WHEREAS, the City of Monticello finds that such regulation is in the best interests of the community and its residents and business properties; and WHEREAS, the Planning Commission has reviewed the amendments modifying the applicable ordinances and their effect on the City’s land use plans and policies; and WHEREAS, the Planning Commission held a public hearing on September 2, 2025 on the proposed amendments and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The amendments for the buffer of residential uses to industrial cannabis business will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good, and are in the interest of the public health, safety, welfare of City residents. 2. The amendments for the buffers that intercede Interstate-94 will not continue across the Interstate will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good, and are in the interest of the public health, safety, welfare of City residents. 3. The City’s land use planning documents direct a balanced approach to development, requiring adherence to high standards of use, but also recognizing the needs of the private development market to efficiently plan for and finance that development. 4. The location of cannabis-related businesses has the potential for adverse land use impacts without reasonable regulations and land use management. 5. The City finds that these land use regulations, in concert with other state, county, and local regulations, are critical factors in managing these businesses, as well as providing for their ability to be successful as private enterprises. 6. The proposed amendment details meet the intent and requirements of the applicable zoning regulations, with the City’s Comprehensive Plan goals and objectives, and are consistent with the applicable land use policies and ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota recommends that the Monticello City Council approves the proposed zoning amendments in Ordinance No. 8___, based on the findings noted herein. ADOPTED this 2nd day of September, 2025 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Andrew Tapper, Vice Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director ORDINANCE NO. 8XX 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE XV OF THE MONTICELLO CITY CODE, CHAPTER 153: ZONING CHAPTER 153: ZONING PROVIDING FOR THE REGULATION OF CANNABIS-RELATED BUSINESSES THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section § 153.091(A) USE-SPECIFIC STANDARDS, General regulations applicable to all uses, is hereby amended as follows: (4) Cannabis-related businesses (c) Any cannabis-related business or lower-potency hemp edible business licensed by the State of Minnesota under Minn. Stat. 342 shall be subject to the following requirements, in addition to any specific standards in this section, and other reasonable regulations required as a condition of any zoning permit issued for such uses. 10. Buffers. No cannabis-related business use shall be located closer to any property occupied by any of the following uses, unless the buffer is bisected by Interstate 94, in which case the buffer measurement shall not be extended on the opposing side of the interstate. Buffers are measured as a horizontal distance from the closest point of the property on which the cannabis business is located to the closest point of the property occupied by: a. School: 1,000 feet. b. Daycare: 500 feet from any day care facility that is located in a zoning district where cannabis businesses are not allowed. This buffer shall not apply to day care facilities that are located in a zoning district in which a cannabis business is allowed. c. Residential treatment facility: 500 feet. d. Public park: 500 feet from attractions within a public park regularly used by minors. Public parks included shall be as identified in the city's most currently adopted park system or master plan. This buffer shall not apply to sidewalks or trails, or other public lands. ORDINANCE NO. 8XX 2 Section 2. Section § 153.091(E) Regulations for commercial uses is hereby amended as follows: (7) Cannabis Retail Business. Including Cannabis Retailer, Medical Cannabis Retailer, Medical Cannabis Combination Business with Retail Location, Cannabis Microbusiness Retail Location, and Cannabis Mezzobusiness Retail Location shall be subject to the following standards: (a) Cannabis Retailers as enumerated above shall comply with all of the requirements of § 153.091(C) (A). Section 3. Section § 153.091(F) Regulations for industrial uses is hereby amended as follows: (19) Industrial cannabis businesses. Including the following cannabis-related uses: cultivator; manufacturer; wholesaler; transporter; testing facility; delivery service; mezzobusiness; microbusiness; any such business that conducts these activities for lower-potency hemp enterprises; any such business that conducts these activities for medical cannabis enterprises; or any other cannabis-related business enterprise that is not expressly and solely a retail business, shall be subject to the following standards: (a) Industrial cannabis businesses shall comply with all of the requirements of § 153.091(C) (A). (b) The entire site other than that taken up by a building, structure, or plantings shall be paved. (c) A drainage system subject to the approval of the Community Development Department shall be installed. (d) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 153.063. (e) In an I-1 District, when abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type "D") in accordance with § 153.060(G). (f) In the I-1 and I-2 District, no parcel may be used for cannabis-related business if such parcel abuts a residential district. (g) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064. (h) Provisions are made to control and reduce noise. (i) Waste-handling equipment and processes shall be enclosed and indoors. (j) No outside storage shall be allowed for any cannabis-related business. Parking of delivery or transport vehicles shall occur only in designated spaces, and shall not be considered outside storage. (k) Cannabis cultivation uses as part of any industrial cannabis business shall be subject to the following additional requirements: 1. Cannabis cultivators shall limit site and/or building lighting to ensure that light at the property line is measured at 0.0 footcandles. Formatted: Font: (Default) +Body (Calibri) ORDINANCE NO. 8XX 3 2. All lighting shall be hooded, downcast, and not create glare to any other property. 3. All buildings shall comply with the city's zoning and building regulations, and be adaptable to other non-cultivation us Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title XV, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 22nd day of September, 2025. __________________________________ Lloyd Hilgart, Mayor ATTEST: ___________________________________ Jennifer Schreiber, City Clerk AYES: NAYS: Cou n t y H w y 7 5 Chels e a R d Sta t e H w y 2 5 85th St NE 90th S t N E Lin n S t Pin e S t E 7th S t School Blvd Riverview Dr Ced a r S t W Ri v e r S t M a r v i n R d Jason Ave NE Dundas Rd W Br o a d w a y S t H a r t B l v d Co u n t r y L n Ha u g A v e N E Elm S t W 4t h S t Fe n n i n g A v e N E Oa k w o o k D r Mallard Ln 95th St NE Fa l l o n A v e N E Ed m o n s o n A v e N E Mississi p p i D r W 5t h S t W 7 t h S t Sa n d b e r g R d Pe l i c a n L n Falcon Dr Fe n n i n g A v e N E Waln u t S t Oa k R i d g e D r N Or i o l e L n Club View Rd Br o a d w a y S t Hillcrest Rd E Riv e r S t Hedm a n L n Mi l l T r a i l L n Fa l l o n A v e N E Wrig h t S t New S t Ma r v i n E l w o o d R o a d Ram s e y S t W 6t h S t River Mill D r Wildwood Way Hilltop Dr Mill Run Rd Oakview Ln Fa r m s t e a d A v e Martin Dr E 3rd S t E 3rd S t Re d R o c k L n Gil l a r d A v e N E Map l e S t Fallon Dr Will o w S t Eas t w o o d L n Gr a y s t o n e A v e Ma r v i n E l w o o d R d Fie l d c r e s t C i r Fa i r w a y D r Jaso n A v e N E Vin e S t Meadow Ln Jer r y L i e f e r t D r Praire Road Starling Dr Palm S t Fa l l o n A v e N E Golf Course Rd Fall o n A v e N E Kevin Longley Dr Cra i g L n Re d O a k L n Fron t S t W 5 t h S t Thomas Park Dr Loc u s t S t Mockingbird Ln W 3r d S t Ea s t w o o d C i r Briar Oaks Blvd F a r m s t e a d D r Hen n e p i n S t Ei d e r L n Oak L n River Forest Dr Meadow Oak Ave Kampa Cir O a k R i d g e C i r Mill Ct River Ridge Ln Oa k v i e w C t Du n d a s C i r Ke n n e t h L n Ot t e r C r e e k R d Min n e s o t a S t Ea g l e C i r Cro c u s L n M e a d o w O a k L n Stoneridge Dr Che s t n u t S t 120th St N E Da r r o w A v e N E Diamond Dr Pebblebrook Dr Wi d g e o n L n Wash i n g t o n S t Bu n k e r C i r Hom e s t e a d D r Th o m a s C i r E n d i c o t t T r Ce n t e r C i r Oak v i e w C i r Sa n d t r a p C i r Country Cir Cheyenne Ct Te r r i t o r a l R d Ta n a g e r C i r Hillc r e s t C i r Osprey Cir Ac o r n C i r Ba l b o u l C i r S w a l l o w C i r Riverside C i r Me a d o w O a k C t Ma t t h e w C i r East Oak Dr Stonerid g e C i r Oa k w o o d D r Mea d o w O a k D r Co u n t y H w y 7 5 Har t B l v d Mi n n e s o t a S t Elm S t Wri g h t S t 90th St NE Ced a r S t Min n e s o t a S t 1 2 3 4 7 5 8 9 10 11 12 6 13 14 15 16 17 18 19 21 20 22 23 2426 25 City of Monticello Official Zoning Map :Legend BASE ZONING DISTRICTS PUD Districts Residential Districts -- Low Residential Densities A-O R-A R-1 Business Districts B-1 B-2 B-3 B-4 CCD* -- Medium Residential Densities T-N R-2 R-PUD -- High Residential Densities R-3 R-4 M-H Mills Fleet Farm Red Rooster Swan River Monticello High School 01 02 03 04 05 06 07 08 Spaeth Industrial Park Camping World Affordable Storage Autumn Ridge Villas OTHER Water Industrial Districts IBC I-1 I-2 OVERLAY DISTRICTS Shoreland District** Special Use Overlay District ! !! !! Freeway Bonus Sign District 09 Rivertown Suites 10 Monticello RV 11 Deephaven 12 Twin Pines 13 UMC 14 Edmonson Ridge 18 Monticello Lakes 17 Stony Brook Village 16 Storagelink Monticello 15 Nuss Truck and Equipment Addition 1 inch = 2,500 feet 0.2% Floodplain Boundary** 19 Hoglund Bus Park 20 Block 52 21 Country Club Manor 2nd Addition 22 Haven Ridge 2nd Addition 23 Great River Addition Mississippi Wild, Scenic & Rec Overlay District** *See CCD and Pointes at Cedar Sub-District Appendix Zoning Maps **See Floodplain, Shoreland, and MWSRR Appendix Zoning Map ***Floodplain is established and effective per FIRM panels 27171C0155D, 27171C0160D, 27171C0160D, 27171C0170D, 27171C0190D PCD* 1% Floodplain Boundary** 24 Big River Addition 25 Haven Ridge West 26 Cedar Street Storage Adopted January 13th, 2025 CANNABIS BUFFERSRELATING TO I-94 A B Interstate 94 shown with white dashed line Interstate 94 shown with white dashed line CANNABIS BUFFERS CITY OF MONTICELLO C D Interstate 94 shown with white dashed line Interstate 94 shown with white dashed line 94 94 August 28, 2025 Map Powered By Datafi m 1 in = 3,508 Ft Residential/Industrial Map – Abutting Parcels City Boundary Zoning District - A-O: Agriculture/Open Space Zoning District - R-A: Residential Amentities Zoning District - R-1: Single Family Residential Zoning District - T-N: Traditional Neighborhood Residence Area Zoning District - R-2: Single Family and 2 Family Residential Zoning District - R-PUD: Residential Planned Unit Development Zoning District - R-3: Medium Density Residential Zoning District - R-4: High Density Residential Zoning District - M-H: Manufactured Home Park District Zoning District - I-1: Light Industrial Zoning District - I-2: Heavy Industrial Gabler, Hilgart, Hinz, Martie and Murdoff None None Ordinance No. 835: Exhibit A Table 5-1C, Cannabis Business Uses A- O R-A R-1 R-2 TN R-3 R-4 B-1 B-2 B-3 B-4 CCD PCD IBC I-1 I-2 Additional Requirements Commercial Uses Cannabis Retailer N N N N N N N N N P P N N N N N § 153.091(E)(7) Cannabis Microbusiness - Retail Location Only N N N N N N N N N P/C* P/C* N N N N N § 153.091(E)(7) *CUP required for on- site consumption CUP Cannabis Mezzobusiness – Retail Location Only N N N N N N N N N P P N N N N N § 153.091(E)(7) Medical Cannabis Retailer N N N N N N N N N P P N N N N N § 153.091(E)(7) Medical Cannabis Combination Business – Retail Location Only P P § 153.091(E)(7) Lower Potency Hemp Edible Retailer N N N N N N N N P P P N N N N N § 153.091(E)(7) Temporary Cannabis Event N N N N N N N N N A A N N N N N § 153.093(E)(12) § 96.21 - § 96.25 Industrial Uses Cannabis Cultivator N N N N N N N N N N N N N N C P §153.091(F)(7) § 153.091(F)(7) Cannabis Manufacturer N N N N N N N N N N N N N N C P § 153.091(F)(7) Cannabis Microbusiness N N N N N N N N N N N N N N C P § 153.091(F)(7) Cannabis Mezzobusiness N N N N N N N N N N N N N N C P § 153.091(F)(7) Cannabis Wholesaler N N N N N N N N N N N N N N C P § 153.091(F)(7) Cannabis Transporter N N N N N N N N N N N N N N C P § 153.091(F)(7) Cannabis Testing Facility N N N N N N N N N N N N N N C P § 153.091(F)(7) Cannabis Delivery Service N N N N N N N N N C* C* N N N C P § 153.091(F)(7) *Accessory only to Licensed Cannabis or Lower-Potency Hemp Retail in B-3 or B-4 Medical Cannabis Processor N N N N N N N N N N N N N N C P § 153.091(F)(7) Medical Cannabis Combination Business N N N N N N N N N N N N N N C P § 153.091(F)(7) Lower Potency Hemp Edible Manufacturer N N N N N N N N N N N N N N C P § 153.091(F)(7) N- Not Allowed P - Permitted C - Conditional I - Interim A - Administrative Gabler, Hilgart, Hinz, Martie and Murdoff None None Voting in Favor: Christianson, Gabler, Hilgart, Hinz, and Martie Voting in Opposition: None Voting in Favor: Christianson, Gabler, Hilgart, Hinz, and Martie Voting in Opposition: None Planning Commission Agenda - 09/02/2025 1 3A. Consideration of a one year extension of Conditional Use Permit approval for an Amendment to a Conditional Use Permit for a Planned Unit Development for a Restaurant as a Principal Use and Drive-thru Services as an Accessory Use in a B-4, Regional Business zoning district. Applicant: HAZA Foods (Wendy’s) Prepared by: Community Development Director Meeting Date: 09/02/2025 Council Date (pending Commission action): 09/8/2025 Additional Analysis by: Community & Economic Development Coordinator ALTERNATIVE ACTIONS Consideration of an extension of approval for an amendment to an existing Conditional Use Permit Planned Unit Development for a Restaurant with drive-thru facilities. 1. Motion to adopt Resolution PC-2025-35 recommending approval of an extension to September 8, 2026 for an amendment to Conditional Use Permit for Planned Unit Development for Restaurant with Drive-thru facilities based on findings in said resolution and subject to the conditions of Exhibit Z. 2. Motion to adopt Resolution No. PC-2025-35 recommending denial of an extension to September 8, 2026 for an amendment to Conditional Use Permit for Planned Unit Development for Restaurant with Drive-thru facilities based on findings to be made by the Planning Commission. 3. Motion to table action, subject to additional information from staff or applicant. REFERENCE AND BACKGROUND Property: Legal Description: Lot 3, Block 2, Union Crossings 2nd Addition PID #: 155-178-002030 Planning Case Number: 2024-34 Request(s): Amended CUP for PUD for a Restaurant with Drive-Through Deadline for Decision: NA Land Use Designation: Regional Commercial Zoning Designation: B-4, Regional Business Planning Commission Agenda - 09/02/2025 2 Overlays/Environmental Regulations Applicable: Freeway Bonus Sign Overlay District, MSWRR (portion) Current Site Uses: Vacant Commercial Surrounding Land Uses: North: Mixed Retail/Service East: Commercial Retail South: I-94 West: Mixed Commercial Project Description: The applicant proposes to develop a parcel in the Union Crossings retail Planned Unit Development as a restaurant with drive- through facilities. The site is an existing vacant parcel approximately 1.27 acres in area. The property includes a potential shared drive along the west boundary, but the applicant proposes to not make use of that drive. Instead, access and egress will be provided via an internal private street on the north side of the property in question. ANALYSIS The City approved an amendment to the Union Crossings Planned Unit Development for the proposed Wendy’s facility in September of 2024. The applicant has requested an extension of the CUP approval as they continue to work through their land development process. The applicant’s letter of request indicates an intent to commence construction in spring, 2026. The motion for extension would grant up to one year to commence construction. The Monticello Zoning Ordinance addresses the timeline under which a CUP must commence and authorizes extension per the following provision: (8) Time limit. (a) Unless otherwise specified in the conditional use permit, the operation of the use and/or issuance of building permits for permitted structures shall begin within one year of the date of the conditional use permit approval. Failure to do so will invalidate the conditional use permit. Permitted timeframes do not change with successive owners. (b) If the operation of the use and/or issuance of building permits has not commenced within one year of the date of approval, the applicant may petition for an Planning Commission Agenda - 09/02/2025 3 extension of time in which to commence the work that has been granted by the conditional use permit. Such extension shall be requested in writing and filed with the Community Development Department at least 30 days before the expiration of the one- year period. The request for extension shall state facts supporting good cause for extension of the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. (c) If a use operating pursuant to an approved conditional use permit is discontinued for a period of at least one year, any further use of the property shall conform to the requirements of this chapter. A discontinued conditional use shall not begin operations again without first obtaining approval of a new conditional use permit. STAFF RECOMMENDED ACTION Staff recommends Alternative 1, approval of the extension for the amendment to Conditional Use Permit for Planned Unit Development, conditioned on continued compliance with the original Conditions listed in Exhibit Z of September, 2024. The applicant continues to make progress on site development. A building permit has been submitted, with the applicant working through their internal construction planning process. SUPPORTING DATA A. Resolution PC-2025-35 B. Extension Request C. City Council Staff Report, September 23, 2024 D. City Council Minutes, September 23, 2024 Z. Conditions of Approval Planning Commission Agenda - 09/02/2025 4 EXHIBIT Z CONDITIONS OF APPROVAL AMENDMENT TO A CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR RESTAURANT WITH DRIVE-THROUGH IN THE B-4 DISTRICCT LOT 3, BLOCK 2, UNION CROSSINGS 2ND ADDITION 1. The plans are updated to include building elevations and building materials, including for the attached building area to the south of the principal structure. The walk-in building area is required to meet the zoning ordinance for commercial building standards, in materials similar to the main portion of the building Exterior mechanical and related components (particularly on the south side of the building) to match the base wall material colors. 2. The plans clarify the proposed exterior materials for the trash enclosure and show that those materials are consistent with the principal structure. 3. The applicant provides schematic floor plans to verify parking demand. 4. The applicant provides final landscaping plans that identify materials species. 5. The applicant updates the landscaping plan to add planting in the extensive turf areas on the east and west sides of the development footprint. 6. Signage and other components related to the project meet all requirements of the Union Crossing Planned Unit Development and zoning requirements as applicable and are subject to permitting as required. As noted herein, no pole pylon sign is permitted for this parcel. 7. The lighting plan is updated to verify photometric compliance with the City’s zoning regulations. Maximum pole height is 25 feet. 8. The project and site improvements, including landscaping, is constructed and maintained per plans provided, with incorporation of the recommendations made by the Planning Commission and the staff report. 9. Compliance with the comments of the City Engineer per letter dated August 28, 2024, including comments on the applicant plan sets. 10. Compliance with the comments of the Chief Building Official per letter dated August 22, 2024. 11. Comments and recommendations of other Staff and the Planning Commission. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-35 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING APPROVAL OF A ONE YEAR EXTENSION TO AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR A RESTAURANT WITH DRIVE-THRU IN A B-4, REGIONAL BUSINESS DISTRICT PID 155-178-002030 LOT 3, BLOCK 2, UNION CROSSINGS WHEREAS, the applicant has submitted a request to amend an existing Conditional Use Permit for a Planned Unit Development (PUD) to establish a restaurant with drive-thru on a vacant parcel; and WHEREAS, the approved PUD anticipates a variety of commercial uses, including dining establishments; and WHEREAS, the proposed use would have impacts on the site and PUD that were planned for as a part of the original PUD approval; and WHEREAS, the site is zoned Regional Business (B-4), which allows drive-thru facilities as an accessory use by Conditional Use Permit; and WHEREAS, the use would continue to be consistent with the long term land use plan for the City and the location, including the designation of the site for “Regional Commercial” uses; and WHEREAS, the applicants have provided materials documenting that the proposed use facilitate long term use of the site and PUD for commercial uses; and WHEREAS, the applicants have provided materials documenting that the proposed use will comply with the terms and standards of the zoning ordinance with the recommendations approved by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on September 3rd, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-35 2 1. The applicant has provided plans demonstrating that the proposed facility will be in compliance with the standards for drive-through restaurant facilities found in the zoning ordinance and original PUD approvals. 2. The applicant has provided plans demonstrating that the use will support long- term use of the site for commercial uses. 3. The proposed facility is not expected to create traffic impacts for adjoining public and private roadways in the area. 4. The operation of the business will not create noise, odors, visual impacts, or other noticeable impacts on the property or the neighborhood beyond those expected for allowed uses in the zoning district. 5. The drive-through facility is designed in a way that will avoid concerns with traffic in adjoining streets. 6. The use will improve convenience to customers and to the public, consistent with the City’s economic development objectives for commercial property. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the one year extension of Conditional Use Permit approval to September 8, 2026 for an Amendment to a Conditional Use Permit for a Planned Unit Development for a Restaurant as a Principal Use and Drive-thru Services as an Accessory Use in a B-4, Regional Business zoning district., Subject to the conditions listed in Exhibit Z of the staff report as follows: 1. The plans are updated to include building elevations and building materials, including for the attached building area to the south of the principal structure. The walk-in building area is required to meet the zoning ordinance for commercial building standards, in materials similar to the main portion of the building Exterior mechanical and related components (particularly on the south side of the building) to match the base wall material colors. 2. The plans clarify the proposed exterior materials for the trash enclosure and show that those materials are consistent with the principal structure. 3. The applicant provides schematic floor plans to verify parking demand. 4. The applicant provides final landscaping plans that identify materials species. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-35 3 5. The applicant updates the landscaping plan to add planting in the extensive turf areas on the east and west sides of the development footprint. 6. Signage and other components related to the project meet all requirements of the Union Crossing Planned Unit Development and zoning requirements as applicable and are subject to permitting as required. As noted herein, no pole pylon sign is permitted for this parcel. 7. The lighting plan is updated to verify photometric compliance with the City’s zoning regulations. Maximum pole height is 25 feet. 8. The project and site improvements, including landscaping, is constructed and maintained per plans provided, with incorporation of the recommendations made by the Planning Commission and the staff report. 9. Compliance with the comments of the City Engineer per letter dated August 28, 2024, including comments on the applicant plan sets. 10. Compliance with the comments of the Chief Building Official per letter dated August 22, 2024. 11. Comments and recommendations of other Staff and the Planning Commission. ADOPTED this 2nd day of September, 2025 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Andrew Tapper, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director City of Monticello 505 Walnut Street Monticello, MN 55362 August 21, 2025 To Whom It May Concern RE: Conditional Use Permit for Drive-Through Facility PID 155178002030 – Extension Request HAZA Foods would like to request an extension to our CUP approval. This location was previously planned to be completed in 2025. We have purchased the property, plans are completed, and the site is currently being bid on by several general contractors. We are committed to starting construction in Spring 2026. If you need additional information regarding our extension request, please let me know. Sincerely, Tina Ramke Real Estate Manager, HAZA Foods LLC 4415 Highway 6 Sugar Land, Texas 77478 Phone: (972) 816-1448 TRamke@hazafoods.com Planning Commission Agenda – 09/02/25 1 4A. Community Development Director’s Report Council Action on/related to Commission Recommendations • Consideration of a Consideration of Preliminary and Final Plat for Spaeth Industrial Park Fourth Addition Applicant: Spaeth Development, LLC and Spaeth Properties, LLC Approved on the City Council consent agenda on August 25, 2025. • Consideration of Amending the Monticello City Code, Title XV: Land Usage, Chapter 153: Zoning Ordinance, Section § 153.012 Definitions, § 153.027 Common Review Procedures and Requirements, § 153.028 Specific Review Procedures and Requirements, § 153.040 General Provisions, § 153.042 Common District Requirements, § 153.067 Off-Street Parking, § 153.070 Building Materials, § 153.060 Landscaping and Screening, § 153.064 Signs, and § 153.092 Accessory Use Standards Applicant: City of Monticello Approved on the City Council consent agenda on August 25, 2025 • Consideration for Variance to Setback for free-standing sign for a Place of Public Assembly use in an R-1 (Single Family) Residential District Applicant: RHL, Inc Applicant has withdrawn as amendments approved above allow for the proposed use without variance. Haven Ridge West The proposed developers and applicant for the Haven Ridge West preliminary plat and development stage PUD have requested an extension of their plat and PUD approvals to February 11, 2025. The developer is currently working through details related to property acquisition and revisions of the plat and PUD to meet City conditions, including those related to the public improvements within the site. More information can be found below. monticellomn.gov/AgendaCenter/ViewFile/Item/1323?fileID=22470 Downtown Update Activity continues to increase in the core Downtown, with the opening of the new playground facility at West Bridge Park and new business openings around the Downtown, including The Nordic. The EDA’s Downtown Façade Improvement Loan Program also currently has three active loans (Nordic, Lucille Murray’s Dance Studio and Monticello Dentistry). Other applications are set for consideration this fall. Downtown Rounds also makes its return this fall. Downtown Rounds are a gathering of business and property owners in the downtown. The events are facilitated by the City, but are intended as a platform for the businesses and owners to share information and discuss ideas for cross promotion and building Downtown vitality. Nordic will be hosting the first Round on September 18th. Planning Commission Agenda – 09/02/25 2 New information on parking and general downtown Information is available on the City’s website. Your Guide to Downtown Monticello The City Council has also directed research on the development of additional parking within the core downtown. Project Update List The project update list current through July 2025 is attached. Website Project Page A reminder to stay current with news and information by visiting: Projects | Monticello, MN AGENDA RECAP MONTICELLO CITY COUNCIL Monday, August 11, 2025 – 6:30 p.m. 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda – Approved with addition of 2J – Gambling Premise Permit for Community Charities of Minnesota. C. Approval of Meeting Minutes - Approved • Special Meeting Minutes from July 28, 2025 • Regular Meeting Minutes from July 28, 2025 D. Citizen Comments – Approved E. Public Service Announcements/Updates F. Council Liaison Updates • Industrial & Economic Development Committee (IEDC) • Planning Commission G. Department Updates • Parks, Arts, and Recreation Department Update • Construction Update 2. Consent Agenda – Approved A. Consideration of approving payment of bills - Approved B. Consideration of approving new hires and departures for City departments - Approved C. Consideration of approving the sale/disposal of surplus city property - Approved CITY COUNCIL SPECIAL MEETING (Academy Room) 5:15 – 5:30 p.m. 3rd Street Dumpster Discussion – Consensus to update the structures and reach out to property owners on potential use of the dumpsters 5:30 – 6:00 p.m. Water Treatment Plant Update – Council noted interest in proceeding with the modification of plans to a cost amount not to exceed $45 million and moved forward with 8 MGD 6:00 – 6:15 p.m. Franchise Fee Discussion – Consensus to proceed with drafting franchise agreements for gas and electric with CenterPoint and Xcel D. Consideration of approving a Special Event Permit for Monticello Chamber’s Let’s Chalk event on September 20 & 21, 2025, including the use of West Bridge Park, Walnut Street West and River Street, and a portion of Block 52 public parking lot. Applicant: Monticello Chamber of Commerce & Industry - Approved E. Consideration of approving the First Amendment to Tax Abatement Agreement with Monticello Hospitality Group, LLC (Fairfield By Marriott Hotel) and Collateral Assignment and Escrow Agreement utilizing tax abatement funding as landscaping security and further waiving City Ordinance requirement stipulating the landscaping security format as a Letter of Credit or a Cash Escrow deposit, contingent on developer submittal of required final landscaping plans - Approved F. Consideration of approving an extension to February 11, 1026, for the approval of the Preliminary Plat and Development Stage Planned Unit Development (PUD) and for City decision on the Haven Ridge West Final Plat and Final Stage PUD - Approved G. Consideration of authorizing an easement acquisition for CSAH 39 West Utility Extension Project - Approved H. Consideration of approving plans and specifications and authorization to bid for the CSAH 39 West Utility Extension Project - Approved I. Consideration of adopting Resolution 2025-47 accepting bids and awarding contract to Refresh Exteriors LLC for the WWTP Roofing Project in the amount of $188,906.23 - Approved 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda 5. Adjournment Concept Projects Project Type Address/Location Description Review Date & Info Progress Report Project V Commercial/Light Industrial 88 acre parcel bounded by The Meadows to the North, Highway 25 to the West, 85th Street NE to the South, and the Featherstoe Residential neighbohood to the East Concept Stage review for a planned unit development for a multi-phase Medical Office Buildings on roughly 25 acres, with subsequent phases of private development to follow. Joint City Council and Planning Commission review on 3/25/24 On hold General Equipment Industrial 13 acre parcel along CSAH 39 and West Chelsea Road Concept Stage review for planned unit development for Machinery/Truck Repair and Sales Joint City Council and Planning Commission review on 7/2/24 Post Concept Stage PUD, Pre-Development Stage PUD Application Submittal Pending Land Use Application Projects Project Type Address/Location Description Approval Date & Info Progress Report Previously Approved Projects Project Type Address/Location Description Approval Date & Info Progress Report Broadway Plaza PUD Commercial 6321 E. Broadway Street bound by Interstate 94 to the North and East Broadway Street to the South Development Stage PUD and preliminary plat for a 76-room hotel, 15,000 square-foot event center, 6,800 square-foot restaurant, and a 6,000 square-foot post-frame building. 11/24/2024 Approved 11.25.24, Annexation Pending Haven Ridge West Residential Near the Southeast corner of 85th Street NE and Fallon Ave NE, Also South of 85th Street NE between Eislele Ave NE and Edmonson Ave NE Concept Stage review for a planned unit development for a 298-unit residential development with various lot sizes and townhome section Reviewed by Planning Commission on 1/7/25 Preliminary Plat, Development Stage PUD approved at January Meeting. Haven Ridge 2nd Addition Residential South of Farmstead Ave and West of Fallon Ave NE 59 Single-Family Lot Development Reapproved 8/28/2023 Home sites under construction Country Club Manor 3rd/4th Addition Residential Along South side of 7th St W between Elm St and Golf Course Rd 82 Twinhomes Senior 55+ Development 4/22/2024 Under construction, home sites under construction Big River Commercial Vacant property north of Chelsea Rd, south of Interstate 94, and west of Fenning Avenue PUD for New Construction of two commercial lots for a quick-service restaurant and a coffee shop, with 6 lots platted for subsequent commercial development. 4/8/2024 Open Rockstone Auto Commercial 219 Sandberg Road Conditional Use Permit Request for Minor Automotive use as a Principal Use in the B- 3, Highway Business District 1/27/2025 Approved Fairfield Inn & Restaurant Commercial Along south side of Chelsea Road directly north of Deephaven Apartments Development Stage Permit (CUP) for construction of a 98-room hotel and restaurant in the northern "Populus" biome of the Pointes at Cedar District 7/22/2024 Construction commenced Wendy's CUP Commercial Near Highland Way, Union Crossings Conditional Use Permit for Amendment to PUD and accessory drive-through 9/23/2024 Approved; building permit submitted Valvoline Commercial Big River 445 PUD Amdt to Big River 445 PUD and Development and Final State PUD - Auto Repair - Minor 10/28/2024 Approved; building permit submitted Les Schwab Commercial Big River 445 PUD Amdt to Big River 445 PUD and Development and Final State PUD - Auto Repair - Minor 10/28/2024 Construction commenced Discount Tire Commercial 1300 7th Street East Conditional Use Permit for Auto-Repair Minor and Cross Access 3/24/2025 Approved Mastercraft Outdoors PUD Industrial 1.46 acre vacant lot along the West side of Fallon Ave NE between Washburn Computer Group and Norland Truck Sales Development Stage review for a planned unit development of a vacant site for an Industrial Service use 3/24/2025 Approved JPB Land/Meadowbrook Residential 44 acre parcel along Edmonson Avenue 3/24/2025 Development Stage and Rezoning Approved. Active Adventures Commercial 207 Dundas Road Indoor Entertainment/Recreation Commercial 3/4/2025 Approved Karlsburger Foods Commercial 3236 Chelsea CUP for cross-access parking 7/28/2025 Approved Big Bore Commercial 1390 7th Street Conditional Use Permit for Restaurant and Drive-Through 7/28/2025 Approved West Metro Commercial 103 Sandberg Amendment to PUD for parking and lighting improvements 5/6/2025 Approved Jovan Properties Commercial 100 Chelsea Amendment to PUD for building expansion 5/6/2025 Approved Xcel Energy Commercial First Lake Substation Conditional Use Permit for Monopole 7/28/2025 Approved Withdrawn Land Use Application Projects Project Type Address/Location Description Approval Date & Info Progress Report Tamarack/The Meadows at Pioneer Park Residential 68 acre parcels along Fallon Avenue Concept Stage review for planned unit development for single-family residential 5/6/2025 Withdrawn Trinity Lutheran Signage Variance Institutional 449 West Broadway Variance to Signage Setback Withdrawn MONTICELLO DEVELOPMENT PROJECTS Data Centers: Zoning Ordinance Planning Commission – Continued Public Hearing September 2, 2025 •One of the core responsibilities of a city is to regulate land use •“Land use” regulations include what types of land uses are allowed, where they are allowed, and how they will look or function on the land •Zoning and subdivision ordinances are the most common land use regulations •The City of Monticello has a draft zoning ordinance for regulating data center uses •The purpose of the proposed zoning ordinance is to set a framework of requirements for data center land uses Overview •The Planning Commission opened a Public Hearing for comment on the proposed ordinance on August 19, 2025, and continued it to tonight •The hearing tonight allows continued commission review and public comment on the draft zoning ordinance •The ordinance is needed to address requests for data center development, recognizing that data centers are not all the same - they come in different sizes, types, and with different impacts on utility or infrastructure systems and property Continued Hearing •Guiding document for the City’s growth and development over the next 20 years •Increasing statewide interest in data center development; City approached by potential data center developers in late 2024 •In response, the City completed research and held a number of workshops to evaluate data center land uses in early 2025 •Amendments considered and adopted for Data Center land uses •Consider tax base and employment goals for industrial development •Clarify “technology uses” to better define “data centers” •Limit data center land uses to Light Industrial Park (LIP) areas •Establish considerations relating to impacts of use 2040 Vision + Plan WHY Review Requirements: Site Impacts Utility service demand Electricity demands Fiscal requirements Future growth Supporting the 2040 Vision + Plan •The 2040 Plan sets the vision and policies for growth; City must then use other regulatory tools to accomplish the vision and effect or enforce the policies related to data center development •Zoning, subdivision, and other ordinances are the laws adopted to support the plan •Ordinances provide development requirements and process; without ordinances for data centers in place: •Conflict with the 2040 Plan land use policy •Lack of clear regulations applicable to the use •Address industrial use attributes – varying scale, impacts, needs WHY •Ordinance would apply to data centers of any scale or location within the city •The City has the ability to determine the level of restrictions or standards applicable to the use •Ordinance drafted to understand and specifically address system impacts noted in the 2040 Plan •Set requirements and development standards for all data center uses, regardless of scale •Require studies, plans and detail to verify consistency with the 2040 Plan •Provide the process for review of data center development Ordinance Framework FRAMEWORK Data Center PUD Zoning •Any new development would require an application for rezoning to DCPUD •Recognize data center developments vary individually and are distinct from other industrial land uses •Use PUD to create a review process and plan submittals specific to the data center use and its impacts •Recognize that Data Center users have proprietary internal site design components, but the City will require information foundational to City review and decision •Set required performance standards for site development expectations •Manage and understand impact to infrastructure FRAMEWORK Joint Workshop NEXT STEPS •How the current draft zoning ordinance addresses comments and concerns expressed as part of the public hearing •Proposed revisions to the draft ordinance to address comments or concerns not previously addressed in the draft ordinance •Concerns or comments that are addressed through other review or permit actions •Zoning ordinance is only one piece of a larger review of data center development by the City Recommendation •Take additional public comment •Close the hearing •Table action •Direct joint workshop with City Council to occur in mid-September