City Council Ordinance 865 (DCPUD)ORDINANCE 865
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE, TITLE XV, LAND USAGE, CHAPTER
153: ZONING ORDINANCE, SECTIONS 153.012 DEFINITIONS, 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 TO ESTABLISH A DATA CENTER
PLANNED UNIT DEVELOPMENT ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Section §153.012, Definitions, is hereby amended to add or amend the following:
Data center, accessory. A use which is incidental and subordinate in both area
and extent to a principal use of property and which serves the principal use for
the purpose of storage, management, processing, and transmission of digital
data, which houses computer or network equipment. Such accessory use shall
not include any mechanical equipment not fully shielded by building walls and
shall not include any external power generation equipment.
Data center. A facility used primarily for the storage, management, processing,
and transmission of digital data, which houses computer or network equipment,
systems, services, appliances, and other associated components related to digital
data storage and operations, together with its accessory and appurtenant
facilities, which may also include offices, air handlers, back-up power generators,
water cooling systems and water storage facilities, utility substations, and other
associated infrastructure necessary to support sustained operations at a data
center. The term Data Center shall not include accessory digital data computing
facilities as defined by this ordinance 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 facility comprised of more than one principal data center
building, but otherwise interconnected by power supply, communication
systems, power generation or other operational systems to form a unified Data
Center facility. This definition may include, but shall not be limited to,
"Technology Campus", "Cloud Computing Center", "Information Technology
Campus", and similar phrases and terms. May include accessory and
appurtenant facilities as defined by this ordinance for "data center". The term
data center campus shall not include data mining as defined by this ordinance.
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Data center floor area ratio (DCFAR). The floor area ratio for a data center or
data center campus facility shall be defined as the ratio obtained by dividing the
total gross floor area of the principal and accessory data center building(s) within
the Data Center Planned Unit Development by the total net land area of the
proposed Data Center Planned Unit Development, where net land area is
defined as the gross land area of the Data Center Planned Unit Development less
the square footage of stormwater ponding or public waters (measured from
ordinary high water level), wetlands (measured from the delineation line),
easements necessary for public improvements, right of way required to be
platted for any purpose, and land area for required setbacks and perimeter
buffer yards established per this ordinance. Accessory uses or structures which
are not buildings such as electrical substations, parking areas, etc. shall not be
considered eligible floor area. All measurements shall be to the nearest 1/101" of
an acre.
Data mining. A temporary or portable structure used primarily for the storage,
management, processing, and transmission of digital data, specifically including
but not limited to cryptocurrency, which houses computer or network
equipment, systems, services, appliances, and other associated components
related to digital data storage and operations. Such facilities are less than 20,000
square feet individually or when assembled in multiple temporary or portable
structures and are not constructed of customary industrial building materials
such as concrete panels, masonry block, brick or other similar materials. These
facilities include no permanent employment on -site.
Section 2. Section §153.045, Industrial Base Zoning Districts, is hereby amended to add the
following:
(F) Data Center Planned Unit Development (DCPUD) Zoning District
(1) Purpose. The City Council finds that data center uses are highly variable in
size, scope, impact, and potential issues, and all such variables may have
differential impacts on existing and future land uses, or on the City's land use
plans and regulations. The purpose of the Data Center Planned Unit
Development (DCPUD) Zoning District is to provide for, and regulate, Data Center
development in appropriate locations, specifically within areas that are
otherwise designated for Light Industrial Park land uses in the Monticello
Comprehensive Plan (2040 Vision + Plan), as it may be amended. It is the intent
of this ordinance that all costs of development and infrastructure attributable to
data center development, if approved, shall be borne by the data center
developers, owners, and/or operators, and that approvals, if granted, shall
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provide for financial guarantees in this regard as a condition of any such
approvals. There shall be no inherent right to rezoning to DCPUD.
(2) Applicability. All data center or data center campus development within
the City of Monticello shall be regulated by this section.
(3) Approval Criteria, Rezoning. No land shall be zoned as DCPUD unless the
application is found consistent with all of the following factors, or if inconsistent,
where the City Council specifically finds that the facility as proposed has
mitigated any inconsistent factor.
(a) Land is guided as Light Industrial Park in the City's applicable
Comprehensive Plan.
(b) Land is zoned 1-1 (Light Industrial District) in the City's applicable zoning
ordinance if within the municipal boundary of the City of Monticello at
the time of application for rezoning.
(c) The applicant will demonstrate that the project will be served with and
connected to City sanitary sewer and water supplies for specified data
center demands and is able to demonstrate to the satisfaction of the City
that the DCPUD will not create shortages in the capacity of the City's
sanitary sewer 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 applicant will provide financial guarantees for the installation of all
municipal utilities, transportation, and any other public services or
infrastructure necessary to support the DCPUD, and for any
infrastructure improvements or mitigation for the expected public
infrastructure impact or capacity increase created or required by the
DCPUD, and will identify a timeline satisfactory to the City for the
submission of payments and securities for such infrastructure.
(e) The applicant will provide the necessary financial guarantees to extend
necessary municipal utilities to the DCPUD site, and if developed in
phases will avoid the stranding or incomplete extension of municipal
infrastructure resources to the furthest extent of the DCPUD or other
extension point as determined by the City. Except where expressly
approved by the City Council, all public rights of way or easements shall
be dedicated and/or extended to limits of the property zoned DCPUD to
facilitate extension to adjoining property as a part of first -phase of
development.
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(f) The applicant will demonstrate that the project will be adequately served
with electricity supplies for the specified data center demands from the
local electric power supplier as required by phase if applicable and
demonstrates power supply capacity to existing property owners in the
City and planned areas of the City, including the Monticello Orderly
Annexation Area.
(g) The applicant demonstrates that the project will provide adequate
vehicular and non -vehicular transportation facilities, such as roadways,
pathways, sidewalks or similar, to serve the project and will adequately
extend such facilities to serve adjoining future development areas.
(h) The DCPUD will not displace other land uses the City deems important for
the stable, long-term growth of the community, including other industrial
lands or other lands critical to the achievement of the City's long-range
development goals, and the City determines that absorption of land area
for data center development is appropriate based on the City's industrial
and other long-range land use development goals as described in the
Monticello 2040 Plan and other adopted City planning documents.
(i) The DCPUD will provide identifiable public benefits, including the
creation and maintenance of tax base, and will avoid negative impacts
such as those identified in this section, over the long term.
(j) The DCPUD identifies and demonstrates adequate compliance with the
provisions of this section and State law for exterior impacts perceptible
from the boundaries of the facility, including but not limited to those for
noise and lighting impacts.
(k) The DCPUD will demonstrate compliance with all other applicable
sections of this chapter.
(1) All applicable State Pollution Control Agency, Department of Natural
Resources, Department of Health, and Department of Transportation
requirements are met to the City's satisfaction.
(m)The DCPUD will not conflict with other elements of the City's
Comprehensive Plan.
(4) Approval Criteria, Conditional Use Permit. No Conditional Use Permit
within the DCPUD shall be approved unless the land has been zoned DCPUD. No
permit for work within the DCPUD as approved by the DCPUD Conditional Use
Permit may be issued until the applicant has demonstrated compliance with all
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of the DCPUD Minimum District Performance Standards and has met the
assigned conditions of approval to the satisfaction of the City
(5) Principal uses. Principal uses allowed in the DCPUD are as follows, subject
to an approved DCPUD Conditional Use Permit meeting the procedural and
performance standards of this section, and all generally applicable standards of
the Monticello Zoning Ordinance:
(a) Data Center.
(b) Data Center Campus.
(6) Accessory uses. The following accessory uses are permitted uses in the
DCPUD, subject to the procedural and Minimum District Performance Standards
of this section, and all generally applicable standards of the Monticello Zoning
Ordinance.
(a) Offices and office buildings.
(b) Security buildings.
(c) Support facilities such as outdoor generators, mechanical or electrical
equipment, electrical substations and transmission structures, or similar
elements which are necessary to support the principal use.
(d) Off -Street Parking, subject to the requirements of the Monticello Zoning
Ordinance Section §153.067 per Parking Schedule #2.
(e) Signs, Fencing, and Off -Street Loading subject to the provisions of this
chapter, except as otherwise prohibited or regulated by this section.
(f) Roof -mounted solar -energy systems or green -roof installations.
(g) EV charging stations.
(h) Wireless telecommunication service antenna and support structure(s)
necessary to the function of the DCPUD, subject to the requirements of
this section for setback and height.
(i) Any other use that is subordinate to and serving the principal use and
customarily incidental to the principal use. Such use shall be authorized
by DCPUD Conditional Use Permit.
(7) Prohibited uses. The following uses are specifically prohibited in the
DCPUD:
(a) The use of cargo or shipping containers, railroad containers, semi -trailer
containers, and other similar storage containers, or any building that
does not meet the building standards of this section, except that metal
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post -frame buildings for the purpose of construction activities may be
authorized under the temporary use requirements of this section.
(b) Commercial wind energy systems.
(c) Commercial telecommunication towers as defined by this chapter.
(d) Ground -mounted solar energy systems.
(e) Outdoor storage as defined by this chapter.
(f) Data mining as defined by this ordinance.
(8) Temporary uses. Temporary uses shall be permitted uses within the
DCPUD subject to the Minimum District Performance Standards of this section.
Such uses are limited to:
(a) Temporary construction staging areas and construction activities directly
related to the applicable phase of development.
(b) Temporary buildings intended solely for the storage of construction
materials and construction offices directly related to the applicable
development phase, or to the replacement of materials and equipment
for the DCPUD.
(9) Environmental Review. If an EAW, EIS or AUAR is applicable for the
proposed DCPUD project under State law, such review must be completed prior
to application. Individual components of a DCPUD development which may
require separate environmental review as regulated by State law may be
completed after application. Such review is subject to the applicable provisions
of this chapter.
(10) Minimum district performance standards. Any development within the
DCPUD shall comply with the standards as follows and such standards shall be
adopted as part of the DCPUD ordinance. Any deviation from these standards
requires approval of a variance, which shall be reviewed in accordance with
§153.028.
(a) The minimum data center floor area ratio (DCFAR) for the DCPUD and any
individual phase of the DCPUD shall be as follows. At no time shall any
individual developed phase of the DCPUD be constructed at an FAR of less
than these standards, exclusive of the extent of approved site grading
limits.
<100 acres
0.25
100-199 acres
0.24
200-299 acres
0.23
on
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300-399 acres
0.22
400-499 acres
0.21
500+ acres
0.20
(b) The minimum setback for all principal and accessory structures and/or
uses shall be as follows. Any appurtenant elements shall be subject to the
principal use setbacks as follows.
Table X-X
Structure or Use
Setback from DCPUD Property Line to Structure or Use within
DCPUD
(Setbacks also applicable for parcels adjacent to the DCPUD
boundary but for intervening street easement or ROW)
The greater applicable setback for an adjacent parcel shall apply.
Parcels
Parcels
Parcels
Parcels
Parcels
used for
used,
owned by a
guided or
guided or
principal
guided or
government
zoned
zoned
agricultural
zoned for
entity for
commercial
industrial
uses only
residential,
public
civic/institu
parkland or
tional or
public
mixed -uses
recreational
purposes
Principal building
100,
200',
200'
100,
100,
structure(s) when any
except that
mechanical equipment
for sites
and support facilities
over 300
such as generators and
gross
cooling systems are:
acres,
setback
• fully screened by
shall be
principal
300'
building(s), or
• surrounded by a
solid wall
structure from all
points of the
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DCPUD boundary,
or
• located within a
principal
building(s), or
• ground mounted
on or along an
interior fagade of
the site's principal
structure(s)
Principal building
200'
5001,
500'
200'
100,
structure(s) when any
except that
mechanical equipment
for sites
and support facilities
over 300
including generators or
gross
cooling systems is
acres,
oriented to any exterior
setback
portion of the principal
shall be
building structure(s) and
700'
is not:
• fully screened by
principal
building(s), or
• surrounded by a
solid wall
structure from all
points of the
DCPUD boundary,
or
• located within a
principal
building(s), or
• ground mounted
on or along an
interior fagade of
the site's principal
structure(s)
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In such case, the
applicable setback for
such accessory use
equipment shall be as
follows:
200'
500',
500,
200'
100,
except that
for sites
over 300
gross
acres,
setback
shall be
700'
Off -Street Parking
100,
150,
150,
50,
50,
(including drive aisles)
Off -Street Loading
100,
150,
150,
100,
100,
Facilities
Fences or Walls
May be placed at any location, except such fences or walls may not
be located within a drainage and utility easement without an
approved license agreement or within a designated wetland buffer
area.
Other Accessory
50,
100,
100,
50,
7
50,
Buildings and Structures
(exceptions: lighting)
(c) The maximum height for principal and accessory structures shall be 50'.
Accessory and temporary structures shall not exceed 25' in height.
i. Appurtenant structures may not exceed the maximum height for
principal or accessory structures as set above.
ii. Private telecommunication antenna within the DCPUD may exceed
this height up to a maximum of 100'.
iii. Electrical substation equipment within the DCPUD are exempt from
this height requirement.
(d) Principal building exterior finishes shall consist of materials compatible in
grade and quality to the following:
i. Decorative rock face block.
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ii. Glass.
iii. Cast in place concrete or pre -cast concrete panels.
iv. Brick.
(e) Accessory building exterior finishes shall consist of materials compatible
in grade and quality to the following:
i. Decorative rock face block.
ii. Glass.
iii. Cast in place concrete or pre -cast concrete panels.
iv. Brick.
v. Exterior insulated finish systems.
(f) Temporary uses within the DCPUD shall be subject to the following
standards:
i. Setbacks shall be established by the City within the adopted DCPUD
ordinance.
ii. All temporary construction staging areas must be fully paved.
iii. Temporary buildings or uses, specifically including construction
staging areas must be fully screened in accordance with the
standards of this section.
iv. The maximum height of temporary buildings or structures shall be
25'.
V. Construction offices shall be consistent with building materials
requirements of this section for accessory uses.
vi. Temporary construction activities within the DCPUD shall be subject
to operational hours of 8 AM — 7 PM, Monday -Saturday and shall be
subject to the lighting standards of this chapter.
(g) The DCPUD shall be designed and built to incorporate sound mitigation
methods to reduce sound levels emanating from the DCPUD. Sound
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.
i. Prior to approval, an Ambient Noise Study shall be submitted by a
third -party engineer identifying current noise sources and
determining whether existing levels meet or exceed MPCA levels,
and which provides calculations which can be compared to future
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proposed equipment levels to evaluate changes to ambient
conditions.
Prior to commencement of operation of the DCPUD principal use
facilities, the operator must conduct an additional noise study,
preparing calculations for proposed equipment to determine noise
levels as measured at the property line of neighboring property to
the DCPUD or other noise sensitive uses as reasonably determined
by the City. Where results exceed limits, the operator of the DCPUD
shall be required to submit plans which detail the installation of
sound mitigation measures within the DCPUD boundary which are
necessary to compliance with MPCA noise rules.
iii. Upon commencement of the operation of the DCPUD, the operator
of a DCPUD must provide a liaison to respond to complaints about
noise emanating from the DCPUD.
iv. An additional sound study shall be completed once per year during
peak operation of the DCPUD mechanical equipment upon
commencement of operation of the DCPUD principal use facilities.
Such study shall utilize similar locations and methods used in the
Ambient Noise Study for comparison purposes. The DCPUD operator
must provide the results of the noise study, conducted by a third -
party engineer, to the City within 30 days of the request by the City
or show proof that they have contracted with a third -party engineer
and the results will be available in a reasonable amount of time.
v. Pursuant to City Code 130.09(D), the City may require a Noise Impact
Statement for low -frequency sound emissions and demonstrate
mitigation plans consistent with the recommendations of the
Statement.
(h) Back-up power generators within the DCPUD may only be used for back-
up electrical supply during a power outage. Curtailment of power supply
or voluntary shutdown of power is not considered a power outage.
Testing of generators may only occur between the hours of 8 AM and
5 PM, Monday through Friday. A testing schedule must be filed and
approved annually with the City no later than January 15 of each year.
On -site fuel storage for back-up power generators shall be subject to
the accessory structure setback, height limitations, and screening
requirements of this section. Such storage shall comply with all MPCA
and State Fire Marshal requirements, all other permit, testing and
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listing requirements, and all applicable codes and standards such as
NFPA 58.
(i) All site lighting must meet the requirements of §153.063. Lighting, and is
subject to the following additional requirements:
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.
ii. No external light source shall be located closer than 50' from any
property line of a parcel used, zoned or guided for residential,
parkland or recreational uses.
iii. Security plan exemption provisions of §153.063(G) are not eligible
for areas zoned DCPUD.
(j) Any outdoor facilities or equipment such as back-up generators, parking
and private circulation areas, temporary construction staging areas and
temporary buildings or structures, other mechanical equipment
regardless of location, security or chain link fencing when located within
200' of the DCPUD property line, 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, with the exception of
designated entrance points. Screening is subject to the following
additional requirements and exceptions:
Landscaping materials used for screening may be counted toward the
minimum site landscaping requirements of this chapter.
ii. Landscaping utilized for screening must be designed by a qualified
landscape architect to meet the opacity requirements within 3 years
of planting.
iii. Screening may be accomplished through individual or combination
use of fencing or walls which meet the materials requirements of this
section, landscaping, and/or berming.
iv. Landscaping materials and berming used for screening may be located
within the required structure setback; fences and walls are subject to
the structure setback above.
v. In all cases, fences or walls used for screening purposes must install
the required perimeter buffer landscaping materials of this section on
the exterior side of the wall.
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vi. Chain link fence with slats shall not be used for screening purposes.
(k) All trash enclosures and storage must be located within a building
meeting the materials requirements of this section.
(1) Rooftop and wall -mounted mechanical equipment shall be fully screened
when viewed at comparable grade from adjoining properties, and from
the public right of way via screening walls or parapets which match the
building materials of the building on which they are located.
(m)Site landscaping shall meet the required minimum site landscaping
standards of this chapter, with the additional requirements or exceptions
follows:
The DCPUD shall provide for established sodding or seeding in all
ground cover areas not otherwise used for tree or shrub plantings
except as exempted for approved native plantings.
ii. The DCPUD shall provide irrigation systems for all landscaped areas
except as exempted for approved native plantings.
iii. The DCPUD shall not be required to install island delineation
landscaping as required by this Chapter.
iv. The use of native species is encouraged.
(n) A perimeter buffer shall be installed around the entire perimeter of the
DCPUD District and maintained for the duration of DCPUD facility
operation as follows:
i. Installation of such buffer shall be required regardless of any
intervening or abutting roadway or public right of way.
ii. The required perimeter buffer for the DCPUD perimeter boundary
shall be installed and completed with the first phase of development
and prior to any other construction within the DCPUD, within the
exception of the location of designated construction entrance(s).
iii. Such buffer must include a berm of a minimum height of 10' above
the adjacent roadway centerline elevation or property line elevation
directly adjacent (whichever is higher.
iv. Evergreen canopy tree species meeting the size requirements of this
chapter shall be planted in two rows of 6' on -center staggered
intervals along the entire buffer and located on the exterior down -
slope of the required berm.
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v. The perimeter buffer may be located within the applicable structure
setback and shall be located at the exterior side of any screening wall.
vi. The perimeter buffer shall not be required where the DCPUD property
boundary directly abuts a property used for existing industrial uses
but shall be required when adjacent to or abutting all other property
uses, including vacant land, public right of way or public street
easement.
vii. The use of native species and variation in species planting is
encouraged.
(o) Fencing or walls shall be constructed of maintenance -free vinyl fencing or
ornamental metal such as wrought iron or comparable, brick, stone,
masonry or decorative stamped and colored concrete which mimic brick,
stone or masonry.
(p) Chain link fencing may be used for security purposes and shall be black or
black coated vinyl and shall not include slats.
(q) The facility shall provide parking for employees or service personnel at a
rate per §153.067, Parking Schedule #2.
(r) Electrical substations directly serving the DCPUD shall be exempt from
the minimum district performance standard requirements of this section,
but shall be subject to the following requirements:
i. Must be located within the DCPUD boundary.
ii. Must comply with the accessory setbacks as established herein.
iii. Must comply with the lighting standards established herein.
iv. Must comply with the perimeter buffer requirements of this section.
v. Electrical transmission lines extended to the substation are not
subject to §153.065 Underground Utilities.
(s) In addition to the standards of this section, all other provisions of the
City's ordinance, including zoning and subdivision regulations, shall apply
to the facility, unless otherwise exempted. Except for regulations of
applicable zoning overlay districts, where the terms of this section vary
from the zoning and subdivision regulations, the requirements of this
section shall apply.
(11) DCPUD Initiation of Proceedings. Requests for DCPUD concept plan ,
rezoning to DCPUD, and DCPUD conditional use permit shall be initiated by
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application of the property owner or other person having authority to file an
application pursuant to § 153.027(B), Authority to File Applications.
(12) DCPUD Application.
(a) Submission of a DCPUD Concept Plan Submittal is at the option of the
DCPUD proposer and is specifically not a formal land use application.
Submissions shall be in accordance with this section and are not subject
to the Specific Review Procedures and Requirements of this Chapter for
Planned Unit Development.
(b) Application for rezoning to DCPUD shall be noticed in accordance with
the public notification requirements for Planned Unit Development as
found in §153.027 Common Review Procedures and Requirements.
(c) Application for DCPUD Conditional Use Permit shall be noticed in
accordance with the public notification requirements for Conditional Use
Permit as found in §153.027 Common Review Procedures and
Requirements.
(d) Application for rezoning to DCPUD and DCPUD Conditional Use Permit
may run concurrently.
(e) Applications for Preliminary and Final Plat as applicable for a DCPUD site
shall be submitted in accordance with § 152: Subdivisions.
(f) All required applications are subject to the adopted fee and escrows
established by City ordinance.
(g) 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.
(h) All other requirements or provisions not specifically provided for by this
section or otherwise exempted shall be as per City Code.
(13) DCPUD Concept Plan Submittal. Prior to submitting application for
rezoning for the proposed DCPUD, the applicant is encouraged, at its option, to
prepare an informal concept and present it to the Planning Commission and City
Council at a concurrent workshop, as scheduled by the Community Development
Department. The purpose of the concept plan review submittal is to:
(a) Provide preliminary feedback on the concept in collaboration between
the applicant, City staff, Planning Commission, and City Council.
(b) Provide a forum for public engagement and information on the DCPUD
prior to a requirement for extensive engineering and other plans.
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(c) Provide a forum to identify potential issues and benefits of the proposal
which can be addressed at succeeding stages of PUD design and review.
(14) DCPUD Concept Plan Submittal Requirements. Proposals for a DCPUD
Concept Plan Submittal shall include at least the information below to be
considered complete (except as exempted by the Community Development
Department based on a written request submitted by the proposer).
(a) A listing of contact information including name(s), address(es), email(s)
and phone number(s) of: the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates.
(b) A listing of the following site data: Address, current land use guidance,
current zoning, parcel size in gross acres and square feet, and current
legal description(s).
(c) A narrative explaining the applicant's proposed objectives for the DCPUD,
and public values that the concept submitter believes may be achieved
by the project.
(d) A narrative description of proposed DCPUD uses and systems, including
anticipated or known accessory or temporary uses.
(e) A narrative description of the public infrastructure requirements of the
DCPUD as known, including the timing for the extension of municipal
utilities to the DCPUD and to adjacent properties, if applicable.
(f) Conceptual information on proposed power transmission routing within
the city and to the boundary of the DCPUD, if known.
(g) Calculation of the estimated DCPUD FAR at full site build -out.
(h) Outline a conceptual development schedule indicating the approximate
date when construction of the project, or stages of the same, can be
expected to begin and be completed (including the proposed phasing of
construction of public improvements and recreational and common
space areas).
(i) For sites over 20 acres, a stakeholder engagement plan detailing how the
DCPUD operator will engage and communicate with residents, property
owners, local utilities and the City throughout the DCPUD application and
development process.
(j) A concept plan proposal illustrating:
i. Proposed DCPUD District boundary.
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ii. Layout of proposed lots and proposed uses. Denote outlots planned
for public dedication and/or open space (schools, parks, etc.).
iii. General location of wetlands and/or watercourses over the property
and within 200 feet of the perimeter of the subdivision parcel.
iv. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel.
v. Proposed sidewalks and trails.
vi. Proposed location of any electrical substation(s).
vii. General location of wooded areas or significant features
(environmental, historical, cultural) of the parcel.
viii. Location of municipal utility systems and connection points that will
serve the property including the proposing routing to demonstrate
service to the furthest extent or boundary of the DCPUD.
ix. Location of proposed access points to public right of way.
(15) DCPUD Concept Plan Submission Review. Upon receiving a PUD concept
plan proposal, the Community Development Department shall:
(a) Schedule a joint workshop of the Planning Commission and City Council
and shall provide notice of the meeting to all property owners within 350
feet of the property boundary of the proposal. During the joint workshop,
the Planning Commission and City Council may make comment on the
merit, needed changes, and suggested conditions which may assist the
proposer in future application for proposed rezoning and PUD
development plan.
(b) The Planning Commission and City Council will also take comment from
the public as part of the joint workshop. The comment is explicitly not a
public hearing on the concept and the public comments are intended to
represent preliminary feedback related to the DCPUD concept
information.
(c) The Council and Planning Commission shall make no formal decision as
part of the consideration. The City Council and Planning Commission's
comments are explicitly not an approval or decision on the project and
are intended to represent preliminary feedback on the DCPUD concept
information and its relationship to the comprehensive plan and this
DCPUD ordinance.
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ORDINANCE 865
(16) Neighborhood Meeting. The DCPUD concept proposer is encouraged to
host a neighborhood meeting prior to submission of a formal application for
rezoning to DCPUD.
(17) DCPUD Rezoning Application Submittal Requirements. Proposals for
Rezoning to DCPUD shall include at least the information below to be considered
complete (except as exempted by the City Council based on a written request
submitted by the proposer, in which case the application shall be considered
incomplete until decision of the Council has been made on the requirement). All
costs of application and preparation of submission materials, including required
studies, are borne by the applicant.
(a) Proof of title in a form approved by the City Attorney.
(b) Legal description and graphic exhibit of the property for which the
DCPUD is requested.
(c) Certificate of survey for the full DCPUD property boundary signed by a
registered land surveyor and current within three months of application
to include legal description, all public utilities, and detail of private
utilities and easements, rights of way, and any other easements of
record.
(d) Project narrative, including:
Existing zoning district(s) and comprehensive plan land use
designation of subject DCPUD property area and all adjacent lands
within 350' of the subject DCPUD property boundary.
ii. Statement explaining the applicant's proposed objectives for the
DCPUD, and public values that will be achieved by the project by
phase (if applicable) including general projections for tax base,
building valuation, sustainability in operations and site design,
employment creation or other community benefit.
iii. Statement of how the project will meet each of the Approval Criteria
and Minimum District Performance Standards as required by this
section.
iv. A narrative description of proposed DCPUD uses and operations,
including anticipated or known accessory or temporary uses, such
description shall include any information on transmission line
corridors or routes within the city.
v. For sites over 20 acres, a stakeholder engagement plan detailing how
the DCPUD operator will engage and communicate with residents,
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ORDINANCE 865
property owners, local utilities, and the City throughout the DCPUD
application and development process.
vi. If the DCPUD is to be developed in phases, a proposed phasing of full
DCPUD site development, including number of phases, development
timeline for each phase and for the full DCPUD.
vii. Calculation detailing the gross area calculation of the full DCUD, and
the proposed DCPUD FAR at full build -out.
viii. Maximum building coverage within the DCPUD site improvement
boundary.
(e) Ambient Noise Study meeting the Minimum district performance
standards requirements of this section.
(f) A conceptual utility study that identifies both City and private utility
supply and demand on the relevant system, including water and
wastewater system information. Such study shall illustrate the phasing
for construction of municipal water and wastewater systems, and shall
demonstrate to the satisfaction of the City that the proposed municipal
facility can both (1) be adequately served by the existing or planned
capacity of the utility, and (2) will not impede access or limit service
capacity to those utilities by other future users in the City's planning and
service territory; (3) is designed to provide adequate service to the
furthest extent of the DCPUD, and (4) that the applicant has provided
sufficient information regarding the financial capacity and ability to
secure performance to support the required improvements or system
upgrades.
(g) To the extent it is known, the location of all electrical substation and
transmission equipment proposed to be located within the DCPUD.
(h) Listing and status of all required federal and state permitting as known at
the time of application.
(i) A fiscal summary statement, including:
An analysis of the projected cost of any public infrastructure
necessary to adequately serve the project as identified above by
phase.
ii. Statement identifying the applicant's proposed contribution to
provide such public infrastructure and service demand.
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(j) The proposed location, area and duration of any accessory or temporary
uses within the DCPUD.
(k) DCPUD sites shall be responsible for completion of the electric utility
provider's required studies and shall provide a statement indicating
completion of the required study and summarize power capacity for the
DCPUD, the proposed routing plan, and required electrical infrastructure
improvements.
(1) General statement of telecommunication system improvements so as to
avoid any local service interruption during normal operations.
(18) DCPUD Conditional Permit Application Submittal Requirements. Proposals
for DCPUD Conditional Use Permit shall include at least the information below to
be considered complete (except as exempted by the City Council based on a
written request submitted by the proposer, in which case the application shall be
considered incomplete until decision of the Council has been made on the
requirement). All costs of application and preparation of submission materials,
including required studies, are borne by the applicant.
(a) DCPUD project narrative meeting the requirements as provided for
DCPUD rezoning submittal.
(b) DCPUD site improvement plan(s), illustrating:
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. Depiction of the DCPUD site area illustrating minimum setbacks lines
for the DCPUD site as required by this section.
iii. Estimated square footage calculation of full usable/buildable area
within the DCPUD.
iv. Total maximum impervious surface coverage within the DCPUD.
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, width, and names of existing and proposed streets and
rights of way within and immediately adjacent to the subject DCPUD
property boundary and all connection points to public right of way.
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ORDINANCE 865
viii. Proposed sidewalks and trail connection points to public rights of way
and any planned public sidewalk and pathways.
ix. Area calculations for gross land area, wetland areas, wetland buffers,
right-of-way dedications, conservation areas, and proposed public
parks. Proposed public utility easement corridors and/or rights of way
necessary to serve the DCPUD and to extend municipal utilities to the
further extent of the DCPUD boundary.
(c) All data required for Preliminary Plat as provided in § 152.040(A) and (B).
(d) Delineation and functional assessment of wetlands and/or watercourses over
the DCPUD property and within 200 feet of the perimeter of the subdivision
parcel dated within the last five years.
(e) Delineation of the ordinary high-water levels of all water bodies.
(f) Preliminary grading, drainage and erosion control plan prepared by a
registered professional engineer providing for stormwater management
planning based on the maximum impervious surface area of the site.
Contours must extend a minimum of 200 feet beyond the boundary of the
parcel(s) in question.
(g) Preliminary landscaping plan illustrating the proposed location for the
required perimeter buffer demonstrating to the extent practical the required
width and placement necessary to meet the requirements of this section,
and detailing the location, species and count for landscaping materials
required by the Minimum District Performance Standards for the perimeter
buffer.
(h) Traffic study which shall include adjacent local roadways where access is
provided and nearest collector roadways, as well as the collector roadways
intersections with the nearest arterial roadway, which shall be required for
all sites over 20 acres and at the discretion of the City Engineer for sites
under 20 acres, evaluating:
i. Average Daily Traffic and Peak Hour traffic volumes for passenger
vehicles during normal operations.
ii. Average Daily Traffic and Peak Hour traffic volumes and routes for
construction traffic during each phase of site development.
iii. Project volume, routes and frequency for commercial vehicles supporting
routine operations.
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iv. Proposed location of right of way and pathway connections, including
sidewalks and trails, through or along the site perimeter to ensure system
connectivity to the furthest extent of the DCPUD boundary.
v. Any insufficient street or intersection design pursuant to project
construction, projected by phase.
vi. Proposed improvements to mitigate insufficient design, including an
analysis of the projected cost of any public infrastructure necessary to
adequately serve the project as identified above, by phase. Necessary
roadway and pedestrian improvements shall be designed in accordance
with City standards.
vii. Sufficient information regarding the applicant's financial capacity to
support the required improvements and system upgrades.
(i) A utility study that identifies both City and private utility supply and
demand on the relevant system, including water and wastewater system
information, and shall demonstrate to the satisfaction of the City that the
proposed municipal facility can both (1) be adequately served by the
existing or planned capacity of the utility, and (2) will not impede access or
limit service capacity to those utilities by other future users in the City's
planning and service territory; (3) is designed to provide adequate service
to the furthest extent of the DCPUD, and (4) that the applicant has
provided sufficient information regarding the financial capacity and ability
to secure performance to support the required improvements or system
upgrades. Such study shall include:
Provide a municipal utility phasing plan which demonstrates
alignment with the proposed development phasing and timing.
ii. Provide preliminary plans for extension of all public facilities,
including the connection points, sizing and alignment of all utility
lines, roadways, pedestrian facilities, and other such public
infrastructure to the furthest extent of the DCPUD boundary with
phasing plan as determined by the City Engineer and approved by City
Council.
iii. Identify deficiencies in the public system pursuant to the project and
provide a mitigation plan for identified deficiencies.
iv. Updates or additional system plans or studies for public utilities
reflecting the impact of increased demands and infrastructure
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ORDINANCE 865
required by the DCPUD; to be prepared to the specification of the City
Engineer.
V. Include an analysis of the projected cost of any public infrastructure
necessary to adequately serve the project as identified above by
phase, and to ensure that the infrastructure required by this section is
adequately accounted for.
vi. Sufficient information regarding the applicant's financial capacity to
support the required system studies, public improvements and
system upgrades.
vii. The applicant may request that the City complete such utility studies,
at the applicant's cost.
(j) If an environmental review was required for the DCPUD development
proposal, the final approved mitigation plan shall be provided with a
detailed narrative on how the proposed DCPUD Conditional Use Permit
submissions address components of the mitigation plan and timeline for
implementation or completion of each mitigation plan requirement,
including detail on the financial participation of the applicant.
(k) For sites over 20 acres and for any DCPUD site to be developed in phases,
a construction impact plan including designated construction traffic
routes and mitigation plans for lighting, noise, vibration and dust.
(1) Any other information as directed by the Community Development
Department required to evaluate the specific DCPUD proposal.
(19) DCPUD Rezoning Review.
(a) Application for rezoning to DCPUD shall be reviewed in accordance with
this section.
(b) The hearing for rezoning may run concurrently with the hearing for the
DCPUD Conditional Use Permit.
(c) As part of the review process for the DCPUD rezoning application, the
Community Development Department shall generate an analysis of the
proposal against the Approval Criteria of this section to formulate a
recommendation regarding the rezoning to the Planning Commission and
City Council.
(d) The Planning Commission shall hold a public hearing on the DCPUD
rezoning application and consider the application's consistency with the
intent and purpose of the DCPUD and comprehensive plan goals. The
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ORDINANCE 865
Planning Commission shall make recommendations to the City Council on
the merit, needed changes, and suggested conditions of the proposed
DCPUD rezoning. 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, and the City
Council will hold any required public hearing. The City Council may hold a
public hearing on the request for DCPUD rezoning if they deem such
necessary.
(e) After consideration of the Planning Commission recommendation and
hearing, the City Council may approve the DCPUD rezoning. The City
Council's decision will include the required conditions of the proposed
rezoning. Approval of the amendment to rezone to DCPUD shall require
the approval of the majority of all the members of the City Council,
except where state law may specifically require a super majority.
(f) Approval of the rezoning to DCPUD 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
create a zoning district that is specific to the property for which the PUD
was applied and shall be designated in such a way as to be able to mark
the official zoning map to identify the DCPUD ordinance. The DCPUD
ordinance shall also designate that such property is thereby rezoned to
the DCPUD district as adopted. Such ordinance shall include an effective
date clause which may delay the effective date of the ordinance until
such time as the applicant has met each of the conditions of approval
required by the City Council, and in addition to other requirements
including publication. No approvals are valid, and no permits may be
issued, until the ordinance takes effect. If the applicant fails to meet the
conditions as described, the ordinance shall not take effect, will not be
published, and the subject property shall retain its previous zoning
designation.
(g) After consideration of the Planning Commission recommendation and/or
hearing, the City Council may, in its sole discretion, deny the DCPUD
rezoning. Such denial shall be based on findings of fact that specify the
conditions where the application fails to meet the required terms of the
DCPUD zoning process, standards, or other requirements therein. The
City shall be under no obligation to approve any DCPUD rezoning and no
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ORDINANCE 865
DCPUD applicant shall have any expectation or right of approval of any
such rezoning.
(20) DCPUD Conditional Use Permit Review.
(a) Application for DCPUD Conditional Use Permit shall be reviewed in
accordance with this section.
(b) The hearing for DCPUD Conditional Use Permit may run concurrently with
the hearing for the DCPUD rezoning.
(c) As part of the review process for the DCPUD Conditional Use Permit
application, the Community Development Department shall generate an
analysis of the proposal against the Approval Criteria of this section to
formulate a recommendation regarding the permit to the Planning
Commission and City Council.
(d) The Planning Commission shall hold a public hearing on the DCPUD
Conditional Use Permit application 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 DCPUD Conditional Use Permit.
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, and the City Council will
hold any required public hearing.
(e) The City may assign conditions as part of its review relating to the
Minimum District Performance Standards, the required public
improvements and completion dates for improvements, the fiscal
requirements, guarantees and securities necessary for the construction
of all required public improvements and timing of their submission,
required site development fees and escrows and timing of their
submission, specification of required public improvement warranties, and
any other conditions deemed necessary to support the DCPUD and to
mitigate the impact created or required by the DCPUD.
(f) The Conditional Use Permit shall require ongoing compliance with
approved landscaping and screening plans for the full extent and
operation of the effective DCPUD.
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ORDINANCE 865
(g) After consideration of the Planning Commission recommendation and/or
hearing, the City Council may, in its sole discretion, deny the DCPUD
Conditional Use Permit. Such denial shall be based on findings of fact that
specify the conditions where the application fails to meet the required
terms of the DCPUD Conditional Use Permit process, standards, or other
requirements therein. The City shall be under no obligation to approve
any DCPUD Conditional Use Permit and no DCPUD applicant shall have
any expectation or right of approval of any such Conditional Use Permit.
(h) For any DCPUD which includes subdivision of parcels which have no
direct frontage on a public street, the Conditional Use Permit shall
require common maintenance and easement agreement.
(i) The Conditional Use Permit shall require submission of a Site Plan review
per this chapter.
(j) No permit for work within the DCPUD as approved by the DCPUD
Conditional Use Permit may be issued until the applicant has
demonstrated compliance with all of the DCPUD Minimum District
Performance Standards and has met the assigned conditions of approval
to the satisfaction of the City.
(21) Site Plan review. Following approval of the DCPUD rezoning and
Conditional Use Permit, development within the DCPUD shall be subject to the
Site Plan review process of this chapter. Site plans shall be consistent with the
approved DCPUD ordinance, DCPUD Conditional Use Permit and all other
applicable provisions of this section.
(22) Timeline for performance.
(a) A building permit for a principal structure within the first phase of
development on site shall be filed within 5 years of the City Council
approval date of the DCPUD Conditional Use Permit. One extension from
this requirement may be granted by the Council upon request for
extension by a person having authority to file an application. An
extension shall be requested in writing and filed with the city at least 14
days before the five year date. The request for extension shall specify the
desired timeline of extension and shall state facts showing a good faith
attempt was made to meet the building permit submission requirement.
Such request shall be presented to the Council for a decision. The City
Council may deny or modify the extension timeline at its sole discretion
and there shall be no inherent right to extension. The City Council may
act after the 5-year period to revoke the DCPUD rezoning and any
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ORDINANCE 865
approved Conditional Use Permit, and rezone the land to any other
zoning district, following a public hearing to be held by the City Council.
(b) If there is a lapse of more than 5 years between completion of any
individual phase and proceeding to any subsequent and successive phase
of development, notwithstanding on -going construction within an active
phase of development, the City Council may act after the 5 year period to
revoke the DCPUD rezoning and Conditional Use Permit for the
undeveloped portions of the DCPUD and require amendment to the
DCPUD ordinance and Conditional Use Permit , and rezone the
undeveloped land to any other zoning district, following a public hearing
to be held by the City Council. Extensions from this requirement for each
phase may be granted by the Council upon request for extension by a
person having authority to file an application. An extension shall be
requested in writing and filed with the city at least 14 days before the
expiration of the 5-year period, which shall be based on the certificate of
occupancy last principal building completed for the prior phase. The
request for extension shall specify the desired timeline of extension and
shall state facts showing a good faith attempt was made to meet the
building permit submission requirement. Such request shall be presented
to the Council for a decision. The City Council may deny or modify the
extension timeline at its sole discretion and there shall be no inherent
right to extension.
(23) Amendment to DCPUD. Approved DCPUDs may be amended upon
request by those who have authority to submit an application per this section. At
such time, the applicant shall make an application to the city for a DCPUD
amendment which shall follow the same process as defined in this section for
Conditional Use Permit. Such amendment shall not:
1. Introduce any other principal use inconsistent with this section. In such
case, the application shall request revocation of the DCPUD for that
portion of the land proposed for the amended principal use(s) and shall
be subject to the application requirements of this chapter, as applicable.
2. Eliminate, diminish, or vary from the minimum performance standards of
this section.
(24) Revocation. If at any time the facility is in violation of the conditions of
approval, the City Council may revoke the DCPUD and DCPUD ordinance, revoke
the governing DCPUD Conditional Use Permit approval, and rezone the land to
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ORDINANCE 865
any other zoning district, following a public hearing to be held by the City
Council.
Section 3. Section §153.090, Use Table — Base Zoning Districts, Industrial Uses, is hereby
amended as follows:
(1) Insert column: DCPUD
(2) Insert row: Data center/Data center campus
(3) Data center/Data center campus DCPUD Conditional Use Permit
(4) Prohibited in all other zoning districts.
(5) Additional Requirements: §153.045.
Section 4. Section §153.092, Accessory Use Standards, Table 5-4, is hereby amended as
follows:
(1) Insert row: Data center, accessory.
(2) Data center, accessory shall be Conditionally permitted in 1-1 and 1-2
districts only.
(3) Additional Requirements: May be allowed within previously approved
Planned Unit Development Districts by amendment to PUD.
Section 5. 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 7. 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 BYthe Monticello City Council this 27th day of April, 2026.
Lloyd Hilgart; Mayor
N IN
ORDINANCE 865
ATTEST:
AYES: Christianson, Hilgart, Hinz, and Martie
NAYS: Gabler
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