City Council Resolution 2011-24CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2011-24
ADOPTING FINDINGS OF FACT IN SUPPORT OF AN ORDINANCE REGULATING
THE LOCATION AND OPERATION OF ADULT-ORIENTED LAND USES IN THE
CITY OF MONTICELLO THROUGH THE CREATION AND APPLICATION OF AN
OVERLAY ZONING DISTRICT TO BE KNOWN AS THE
"SPECIAL USE OVERLAY DISTRICT."
WHEREAS, the City of Monticello has previously considered studies of the potential impacts of
adult-oriented businesses on various land uses in a community; and
WHEREAS, said studies concluded that adult-oriented businesses have been associated with
increased crime rates and depression of property values in the surrounding area; and
WHEREAS, the City finds that adult-oriented land uses have been shown to have the potential to
have negative secondary impacts on certain sensitive land uses, distinct from other commercial
uses; and
WHEREAS, those sensitive land uses include parklands, schools, religious institutions,
residential neighborhoods, libraries, and similar uses where children may commonly congregate;
and
WHEREAS, said studies have concluded that the incidence of these negative impacts decreases
as the distance from the adult-oriented use increases; and
WHEREAS, in accordance with these studies, and with the City's previous regulation of adult-
oriented uses, that it is appropriate to review said previous regulations; and
WHEREAS, since the regulations were originally adopted, the City's land use patterns have
changed, and the City has grown in both area and population; and
WHEREAS, with such growth, the original regulations require amendment to remain current
with the City's existing conditions; and
WHEREAS, it is necessary to ensure that the City's regulations continue to protect the
community from the negative secondary impacts identified in the studies, while maintaining a
reasonable opportunity for adult-oriented businesses to locate in the City in accordance with the
Constitutions of the United States and of the State of Minnesota; and
WHEREAS, the City has undertaken an examination of the history of court interpretations
related to the provision of reasonable opportunity for adult-oriented businesses; and
WHEREAS, the City Council of the City of Monticello finds that proper planning for the siting
and location of adult-oriented businesses is necessary to protect the City's planning process and
the health, safety, and welfare of the citizens of the City; and
WHEREAS, the City Council of the City of Monticello makes the following additional Findings
of Fact in relation to the need for adoption of an amendment to its zoning ordinance:
A. The regulation of adult-oriented business in the City of Monticello is intended and
necessary to provide for a reasonable opportunity for such businesses to locate in the
City.
B. The regulation of adult-oriented business in the City of Monticello is further intended
and necessary to minimize the negative secondary impacts of such uses on adjoining
neighborhoods, as identified in the many studies of such uses.
C. The City's original regulations, allowances, and restrictions relating to adult-oriented
uses continue to be valid, if combined with an appropriate amendment to the area and
parcels subject to the regulations.
D. The City of Monticello's land use pattern requires a careful selection of properties to
ensure both reasonable opportunity and adequate protection for existing
neighborhoods and land uses, in accordance with the relevant law and court decisions
relating to the regulation of adult-oriented businesses.
E. An ordinance which provides for both opportunity and protection of neighborhoods is
most effectively designed, given the existing land use pattern, as an overlay zoning
district applying expressly to those parcels identified within specific boundaries of the
overlay district as adopted.
F. An overlay district provides the opportunity to allow adult-oriented land uses in any
appropriate location, irrespective of the underlying zoning district requirements.
G. An overlay district provides the City an opportunity to monitor the impacts of the
ordinance over time, so as to monitor the number of available parcels in a continuing
effort to ensure reasonable opportunity for the location of adult-oriented uses.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello,
Minnesota that the above Findings of Fact and statements are relative to the following ordinance
amendments and duly represent the findings of this Council:
1. Pursuant to Minn. Stat. §462.357, the Zoning Ordinance is hereby amended by adopting
Ordinance No. 528, establishing an overlay zoning district entitled "Special Use Overlay
District;" and
2. Amending various sections of the Zoning Ordinance incorporating the Special Use
Overlay District; and
3. Amending various sections of the Zoning Ordinance to move the regulations from
existing sections to the new overlay district section; and
4. Amending the zoning map to apply the Special Use Overlay District to specific parcels.
ADOPTED BYthe City Council of the City of Monticello, Minnesota this 25th day of April, 2011.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff 1, City Administrator