Planning Commission Agenda 07-07-2015AGENDA
REGULARMEETING-MONTICELLOPLANNINGCOMMISSION
Tuesday,July7th,2015-6:00p.m.
MississippiRoom,MonticelloCommunityCenter
Commissioners:BradFyle,LindaBuchmann,SamMurdoff
CouncilLiaison:CharlotteGabler
Staff:AngelaSchumann,SteveGrittman(NAC)
1.GeneralBusiness
A.CalltoOrder
B.Considerationofapprovingminutes
a.SpecialMeetingMinutes–June2nd,2015
b.RegularMeetingMinutes–June2nd,2015
C.CitizenComments
D.Considerationofaddingitemstotheagenda
2.PublicHearings–None
A.ContinuedPublicHearing-ConsiderationofarequestforAmendmenttothe
MonticelloZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use-
SpecificStandardsandSection3–AccessoryUseStandardsandChapter8,Section4
–DefinitionsasrelatedtoregulationsforSolarEnergySystems.
Applicant:CityofMonticello
B.PublicHearing-ConsiderationofarequestforAmendmenttotheMonticelloZoning
OrdinanceChapter3,Section7(E)fortheordinancesregulatingprincipalstructure
setbacksinnon-riparianside,frontandrearyardsintheMississippiWild&Scenic
RecreationalRiverDistrict.
Applicant:CityofMonticello
C.PublicHearing-ConsiderationofarequestforAmendmenttotheMonticelloZoning
OrdinanceChapter3,Section3.4(F)–SingleandTwo-FamilyResidential,5.2(C)-
StandardsforResidentialUsesandChapter8,Section4–Definitions,forordinance
regulatingminimumresidentialstandardsintheR-2District.
Applicant:CityofMonticello
3.RegularAgenda
A.ConsiderationofareportregardingTemporarySigns,Chapter4,Section5of
theMonticelloZoningOrdinance
4.AddedItems
5.Adjournment
1
MINUTES
SPECIAL MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, June 2nd, 2015 - 5:00 PM – Academy Room, Monticello Community Center
Present: Brad Fyle, Linda Buchmann, Sam Murdoff
Absent: None
Others: Angela Schumann, Charlotte Gabler (Council Liaison), Tom Perrault
1. Call to Order
Brad Fyle called the special meeting to order at 5:00 p.m.
2. Purpose
The purpose of the special meeting was to interview an additional candidate for one of
the Planning Commission vacancies.
3. Consideration of Planning Commission vacancy interview
Angela Schumann said that she had contacted candidates John Falenschek and Steve
Reishus after their interviews in May to let them know that additional information was
needed prior to making an appointment recommendation. She said that the candidates are
still interested and available.
Schumann reported that the City Attorney had determined there to be no conflict of
interest issues which would preclude the appointment of the candidate, but that
employment status with the MCC would be noted to the Council in the appointment
report.
The Planning Commission then interviewed applicant Marc Simpson. Simpson shared his
qualifications and responded to questions.
4. Adjournment
SAM MURDOFF MOVED TO ADJOURN THE SPECIAL MEETING AT 5:35 PM.
LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3-0.
Recorder: Kerry Burri ___
Approved:
Attest: ____________________________________________
Angela Schumann, Community Development Director
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, June 2nd, 2015 - 6:00 PM - Mississippi Room, Monticello Community Center
Present: Brad Fyle, Linda Buchmann, Sam Murdoff
Absent: None
Others: Angela Schumann, Steve Grittman (NAC), Charlotte Gabler (Council Liaison)
1. General Business
1A. Call to order
Brad Fyle called the meeting to order at 6:00 p.m.
1B. Consideration of approving minutes
SAM MURDOFF MOVED TO APPROVE THE MAY 5TH, 2015 REGULAR
MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION
CARRIED 3-0.
SAM MURDOFF MOVED TO APPROVE THE MAY 5TH, 2015 SPECIAL MEETING
MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED
3-0.
1C. Consideration of recommending appointments to the Planning Commission
Brad Fyle noted that the Planning Commission had interviewed two candidates for the
open commission seats on May 5th and a third candidate prior to the regular June 2nd
commission meeting.
LINDA BUCHMAN MOVED TO RECOMMEND THE APPOINTMENT OF JOHN
FALENSCHEK TO A PLANNING COMMISSION TERM ENDING DECEMBER
31ST, 2015; AND THE APPOINTMENT OF MARC SIMPSON TO A PLANNING
COMMISSION TERM ENDING DECEMBER 31ST, 2016. SAM MURDOFF
SECONDED THE MOTION. MOTION CARRIED 3-0.
Angela Schumann noted that the City Council would consider ratifying the appointments
on June 8th, 2015.
1D. Consideration of adding items to the agenda
Interim Building Official
Population Statistics
2. Public Hearings
2A. Continued Public Hearing - Consideration of a request for Amendment to the
Planning Commission Minutes: 6/02/15
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Monticello Zoning Ordinance, Chapter 5, Sections 1 – Use Table, Section 2 – Use-
Specific Standards and Section 3 – Accessory Use Standards and Chapter 8, Section
4 – Definitions as related to regulations for Solar Energy Systems. Applicant: City
of Monticello
Steve Grittman briefly summarized issues related to amending the zoning ordinance to allow
solar energy production as a principal use. He reported that the state legislature had not yet
defined the scope of local authority as it relates to such uses.
Grittman indicated that commissioners have the option of taking action related to the
proposed ordinance amendments allowing solar facilities as accessory use only. He said
that doing so would not preclude allowing solar generation as a principal use (by
rezoning to PUD) should a particular development proposal and location fit that use.
Grittman noted that the commissioners may choose not to take action at this time as the
moratorium on solar energy systems as a principal use does not expire until November.
Brad Fyle opened the continued public hearing.
Grittman explained that while the Monticello Orderly Annexation Area (MOAA) is
technically in the township for purposes of land use management, it is a hybrid
governmental jurisdiction with its own authority. Angela Schumann noted that the
MOAA had adopted Wright County’s ordinance related to solar facilities.
Grittman suggested that the position Monticello has taken related to preserving its growth
corridor has been endorsed by the Public Utilities Commission (PUC). He explained that
the PUC had rejected sites proposed for Geronimo’s Aurora solar project because of the
impact solar projects would have on residential areas and growth corridors.
Schumann asked for clarification related to the vote count required for rezoning from
residential to commercial/industrial. Grittman indicated that a supermajority of council
would be required because the state defines a solar facility as a power plant.
Gabler suggested a few minor additions to the ordinance language to further clarify the
amendment. Grittman agreed to incorporate the added language into the ordinance.
BRAD FYLE MOVED TO TABLE ACTION AND CONTINUE THE PUBLIC
HEARING, PENDING RESOLUTION OF THE LEGISLATIVE PROCESS AND
OTHER INFORMATION. LINDA BUCHMANN SECONDED THE MOTION.
MOTION CARRIED 3-0.
2B. Public Hearing – Consideration of a request for an Amendment to Development
Stage Planned Unit Development (PUD) for a single lot commercial development in
a B-4 (Regional Business) District. Applicant: MF Monticello, LLC (NAC)
Steve Grittman explained that the proposed PUD amendment would accommodate a
second retail facility, located at Lot 3, Block 1, Union Crossings Second Addition, next to
the Mattress Firm store which had been approved for development earlier this year. He
Planning Commission Minutes: 6/02/15
3
explained that this amendment would add a 2,188 square foot retail AT&T cellular sales
store to the northern one-third of the site. Grittman reviewed the conditions of approval
included in Exhibit Z.
Brad Fyle opened the public hearing. As there were no public comments, the public
hearing was closed.
LINDA BUCHMANN MOVED TO APPROVE RESOLUTION PC-2015-010
RECOMMENDING APPROVAL OF THE PLANNED UNIT DEVELOPMENT
AMENDMENT, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS
SPECIFIED IN EXHIBIT Z. SAM MURDOFF SECONDED THE MOTION. MOTION
CARRIED 3-0.
Exhibit Z
Conditions of Approval
AT&T Retail Store Planned Unit Development Amendment
1. All previous conditions related to the Mattress Firm approval remain in place.
2. The applicant consider removing 9 parking stalls on the north side of the property
and replace them with green space.
3. Signage for the AT&T facility is verified for compliance with the City’s Sign
Ordinance.
4. Comments from the City Engineer:
a. Sanitary sewer services to both buildings should have wye connections to the
main. Services are not allowed to directly connect to a manhole.
b. Water services to both buildings should include a curb stop and box where it
tees to the main within the easement. This will allow the City to shut off the
water if necessary.
c. More detail should be provided on the grading plan for the northerly access
drive and parking area to ensure drainage is being accommodated. Spot
elevations with drainage arrows shall be shown on the grading plan to show
how drainage will tie into the existing roadway.
5. Comments of other City Staff.
Angela Schumann noted that this item would be considered by the City Council at the
June 8th, 2015 meeting.
2C. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning
Ordinance, Chapter 5, Section 3 – Accessory Use Standards and Chapter 8, Section 4 –
Definitions, as related to regulations for Accessory Building - Major and Accessory
Building – Minor. Applicant: City of Monticello
Angela Schumann explained that the proposed amendments to Accessory Use Standards
and Definitions related to Accessory Buildings are a result of a recent change to the State
Building Code, which adjusted the requirement for a building permit on a detached
accessory structure from 120 square feet to 200 square feet. Schumann indicated that the
amended ordinance would reference the state requirement.
Planning Commission Minutes: 6/02/15
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Schumann noted that the accessory use table and definitions would be amended to
address the increase in size allowance for minor accessory structures, the zoning setback
for such structures and to indicate that building code requirements must also be met.
Brad Fyle opened the public hearing. As there were no public comments, the public
hearing was closed.
SAM MURDOFF MOVED TO RECOMMEND ADOPTION OF ORDINANCE NO.
616, BASED ON A FINDING THAT THE ORDINANCE AMENDMENTS AS
PROPOSED CONTINUE TO SUPPORT THE COMPREHENSIVE PLAN, SERVE TO
CLARIFY EXISTING ORDINANCE REGULATIONS, AND SUPPORT
CONSISTENCY WITH ADOPTED BUILDING CODES. BRAD FYLE SECONDED
THE MOTION. MOTION CARRIED 3-0.
Angela Schumann indicated that this item would be included as part of the June 8th, 2015
Council meeting agenda.
3. Regular Agenda
3A. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the
Monticello Zoning Ordinance
Angela Schumann reported that staff would meet with representatives from the Chamber
of Commerce and the IEDC in June to review the temporary sign ordinance and obtain
business community input. This feedback would be incorporated into a draft ordinance
amendment to be presented for Planning Commission consideration in July.
4. Added Items
Interim Building Official - Schumann introduced DJ Hennessey and thanked him for
stepping up as Interim Building Official during the hiring process.
Population Statistics - Schumann reported the State Demographer’s 2014 population and
household estimates for the City of Monticello.
5. Adjournment
SAM MURDOFF MOVED TO ADJOURN THE MEETING AT 6:55 PM. LINDA
BUCHMAN SECONDED THE MOTION. MOTION CARRIED 3-0.
Recorder: Kerry Burri __
Approved:
Attest: ___________________________________________
Angela Schumann, Community Development Director
PlanningCommissionAgenda–07/07/2015
1
2A.PublicHearing–ConsiderationofarequestforAmendmenttotheMonticello
ZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use-Specific
StandardsandSection3–AccessoryUseStandardsandChapter8,Section4–
DefinitionsasrelatedtoregulationsforSolarEnergySystems.Applicant:City
ofMonticello(NAC)
PlanningCaseNumber:2014-054
A.REFERENCE&BACKGROUND
Request(s):AmendmentstotheZoningOrdinanceaddressingSolarEnergy
productionasprincipaloraccessoryuses,anddefinitionsofEssentialServicesand
Utilitiesasusesinvariouszoningdistricts.
DeadlineforDecision:November,2015
LandUseDesignation:Varies
UPDATE
AttheJunemeetingofthePlanningCommission,theCommissiontabledactionand
continuedthehearingtoallowforadditionalreviewanddiscussion,althoughthere
wasageneralconsensusofsupportfortheproposedordinancelanguage.
Staffhadnotedthatthisadditionaltimewouldpotentialallowforareviewbythe
MonticelloIndustrialandEconomicDevelopmentCommittee.However,theIEDC
didnotmeetinJuly.ThegroupwillmeetagaininAugust.
Inarelateditem,onJune25th,theMinnesotaPublicUtilitiesCommissionapproveda
settlementbetweenXcelEnergy,thestate'slargestutility,andanumberof
communitysolargardendeveloperswhichcapsasolarproject'ssizeat5megawatts.
Projectsat5megawattswouldcomeunderlocalreviewundercurrentstatutes.
Therefore,itisstaff’sunderstandingatthistimethatMonticello’szoningordinances
wouldapplytoanySolarRewardsprojectproposedwithintheCity.
Forreference,theentirestaffreportandexhibitsfromtheJanuarymeetingare
includedwiththesereport,astheyprovideafullbackgroundontheordinance
developmentandcurrentordinancelanguage.
ANALYSIS
InNovemberof2014,theCityenactedaninterimordinance,ormoratorium,onthe
considerationofnewsolarenergyinstallationsthatwouldcomprisetheprincipaluse
ofpropertyintheCity.ThemoratoriumwasadoptedtoallowtheCitytoconsider
PlanningCommissionAgenda–07/07/2015
2
adequateregulationsforsolarenergyproductionasproposalsforsuchfacilitieswere
increasingintheareaandaroundthestate.
Afterreviewingtheoptions,Citystaffforwardedaproposedordinancetothe
PlanningCommissionrecommendingthatprincipalusesolarinstallationsnotbe
includedinthezoningordinance,butthataccessoryusesolarinstallations(roof-
mountedand/orground-mounted)beallowed,mostaspermitteduses,withsome
installationsrequiringaConditionalUsePermit.Theproposedordinancealso
createdaseriesofregulationsthatdefinehowaccessorysolarinstallationscouldbe
developed.
Itshouldbenotedthattheregulationsasdraftedwouldnotprecludeasolargarden
developerfromapproachingtheCityandseekingarezoningtoPlannedUnit
Development(PUD),inwhicha“custom”zoningdistrictiswrittenfortheproposed
PUDuser.Inthisway,theCitywouldhavetheabilitytoconsiderprincipalusesolar
(includingfacilitiesuptothe5megawattthreshold)ifitweretofindthataunique
developmentandlocationjustifiedthisapproach.ThePUDzoningwouldallowthe
Citytodevelopstandardsspecifictotheprojectproposed,includingtheprojectsize,
sitecharacteristics,andcompatibilityoftheprojectwithsurroundinguses.
Atthesametime,theMinnesotaLegislaturewasconsideringanumberoflegislative
proposalsdealingwithlocalgovernmentversusstate-levelcontroloflargesolar
arrays.
Theoriginalframeworkestablishedbypreviouslegislaturescreatedasetof
incentivesandprogramswherebysmallerprincipalusesolarinstallationswouldbe
regulatedbythestatePublicUtilitiesCommission(PUC)throughvariouscommunity
gardenprograms.Thesesolarfacilitieswouldstillbesubjecttoreviewand
permittingprocessesasguidedbylocalzoningauthorities.
Becauseseveralofthefacilitiesbeingproposedwereaggregationsofthe1MW
facilitiescovering,insomecases,hundredsofacres,thelegislaturetookuptheissue
ofwhethersuchprojectsshouldbereviewedbysomeleveloflocalgovernment.
Undercurrentlegislation,solarfacilitiesabove50MWrequireonlyPUCreview,
althoughlocalreviewisoptional.Thenewlegislationdiscussedthissessionwould
havepotentiallyamendedtheseregulations.However,attheendofthelegislative
session,theseproposalsdonotappeartohavepassed.
ThePublicUtilitiesCommissionwasaskedtoaddressthesizeofsolarenergyfarms
inrelationshiptotheXcelEnergySolarRewardsprogram.
AstheCommissionisaware,paralleltothisprocess,theCitywasnegotiatingwitha
largesolardeveloperregardinguseoftheformerSilverSpringsGolfCourseproperty
forannexationandCityzoningapplication.Atthispoint,thosenegotiationsareon
holdastheCityhasindicatedthatthesolardevelopmentwouldbetreatedjustlike
anyotherwithregardtolanduse,infrastructure,anddevelopmentfees.
PlanningCommissionAgenda–07/07/2015
3
StaffisnowseekingdirectionfromthePlanningCommissionrelatedtoprevious
ordinancedevelopmentforsolarenergysystems.Itwouldbepossibletoconsiderthe
amendmentsasproposed,ontheassumptionthatthelegislaturewillpermitcitiesto
regulate–orevenprohibit–principalusesolar,astheproposedordinancewoulddo.
B.ALTERNATIVEACTIONS
1.MotiontoadoptResolutionNo.PC-2015-003recommendingamendmentsto
theZoningOrdinanceasproposedinOrdinanceNo.613,basedonthe
findingsidentifiedintheResolution.
2.MotiontodenyadoptionofResolutionNo.PC-2015–003recommending
amendmentstotheZoningOrdinanceasproposedinOrdinanceNo.613.
3.MotiontotableactionontheResolution,pendingresolutionofthelegislative
processandotherinformation.
C.STAFFRECOMMENDATION
Asnotedabove,staffisseekingdirectionfromthePlanningCommissionatthis
point.TheordinanceandresolutionarereadyforconsiderationiftheCommission
agreeswiththeapproachrequiringthatsolarfacilitiesbeallowedonlyasaccessory
uses,withtheexceptionofconsiderationunderPUD,andthattheproposedstandards
forsuchusesareappropriate.
Ifotherresearchisdesired,oriftheCommissionpreferstowaitforIEDCinput,the
City’smoratoriumisvaliduntilNovember.
D.SUPPORTINGDATA
A.Resolution2015-003
B.DraftOrdinanceNo.613
C.January14,2015PlanningCommissionStaffReport
D.CityCommentLettertoPublicUtilitiesCommission
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC -2015-003
ADOPTING AMENDMENTS TO THE MONTICELLO ZONING ORDINANCE,
CHAPTER 5, SECTIONS 1 — USE TABLE, SECTION 2 — USE -SPECIFIC
STANDARDS AND SECTION 3 — ACCESSORY USE STANDARDS AND CHAPTER
8, SECTION 4 — DEFINITIONS AS RELATED TO REGULATIONS
FOR SOLAR ENERGY SYSTEMS
WHEREAS, the City of Monticello has been presented with an interest in the development
of Solar Energy Systems as stand-alone uses of property; and
WHEREAS, interest in such development has occurred both within City boundaries and
within the Monticello Orderly Annexation Area (MOAA); and
WHEREAS, the City, and the surrounding MOAA, has been planned for urban development,
including the generation of employment, housing, and other urban uses; and
WHEREAS, urban development both generates costs for services, as well as taxes and fees
that are designed to pay for said services; and
WHEREAS, the long-term planning for the City and the MOAA has been undertaken to
ensure that the City's growth can be accomplished in a fiscally sound manner; and
WHEREAS, the City conducts said planning pursuant to Minnesota Statutes Chapter 462,
which identifies economic development and fiscal planning as important goals of managing
land use and growth; and
WHEREAS, the City finds that large areas of land which may not generate urban
development or impacts is inconsistent with the long-term land use and infrastructure
planning of the City; and
WHEREAS, Solar Energy Systems, as a stand-alone use of property does not constitute an
urban use nor generate urban impacts; and
WHEREAS, Solar Energy Systems developed as sole uses of property interfere with the
City's planning for urban development; and
WHEREAS, Solar Energy Systems are beneficial in meeting the State's energy needs; and
WHEREAS, Solar Energy Systems can compatibly co -exist with other urban development
when constructed as accessory structures; and
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC -2015-003
WHEREAS, the Planning Commission held a public hearing on January 13, 2015 and
February 3, 2015 on the application 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:
Solar Energy Systems are best developed in the urban area of Monticello, or in the
future urban area of the MORA, as accessory structures to other principal uses of
property.
2. Solar Energy Systems, as stand-alone land uses, are more typical of rural uses in that
they generate low rates of property tax, and little or no trunk infrastructure fees,
traffic, housing, or employment.
Solar Energy Systems are designed to stand as long-term uses of land — typically 25
years or more.
4. Such uses are inconsistent with the City's planning for urban growth, and threaten the
financial feasibility of long-term infrastructure investments.
5. Such uses, if located in urban areas, result in the spreading of infrastructure costs over
other land uses and property owners.
6. Such uses, if located in urban areas, have the effect of increasing sprawl, spreading
development over a larger geographic region.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota, that the Planning Commission recommends that the City Council
adopts Ordinance No. 613:
ADOPTED this 7th day of July, 2015, by the Planning Commission of the City of
Monticello, Minnesota.
2
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC -2015-003
MONTICELLO PLANNING COMMISSION
Brad Fyle, Chair
ATTEST:
Angela Schumann, Community Development Director
1
CITY OF MONTICELLO, MINNESOTA
WRIGHT COUNTY
ORDINANCE NO. 613
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE,
KNOWN AS THE ZONING ORDINANCE, ADDRESSING THE FOLLOWING:
REVISE CHAPTER 5, TABLE 5-1, USES BY DISTRICT RELATING TO
UTILITIES-MAJOR
REVISE CHAPTER 5, TABLE 5-4, ACCESSORY USES BY DISTRICT
REVISE CHAPTER 5, SECTION 2(D)(9) RELATING TO UTILITIES
REVISE CHAPTER 5, SECTION 3(D)(29) RELATING TO SOLAR ENERGY
SYSTEMS AS ACCESSORY USES
REVISE CHAPTER 8, SECTION 4, DEFINITIONS RELATING TO
ESSENTIAL SERVICES, SOLAR ENERGY SYSTEMS, AND UTILITIES
The City Council of the City of Monticello hereby ordains:
Section 1. Chapter 5, Table 5-1, Civic and Institutional Uses is hereby amended as follows:
Utilities (major) shall be a Conditional Use (C) in the B-2, I-1, and I-2 Districts. In all other
Districts, Utilities (major) shall be deleted as an allowable use.
Section 2. Chapter 5, Table 5-4, Solar Energy System, is hereby amended as follows:
Solar Energy System shall be a Permitted Accessory Use (P) in all zoning districts, with
Additional Requirements found in 5.3(D)(29)(a) and 5.3(D)(29)(b)
Section 3. Chapter 5, Section 2(D)(9) is hereby amended to read as follows:
(9) Utilities (major)
(a) An electrical power facility, substation, or transmission station as a principal use of
property shall be set back at least 100 feet from all lot lines. Service or storage yards shall
be prohibited.
(b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in
this ordinance.
(c) All Solar Energy Systems shall be allowed only as Accessory Uses, subject to the
conditions listed in Chapter 5.3(D)(29)(a) and 5.3(D)(29)(b) as applicable.
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Section 4. Chapter 5, Section 3(D)(29) is hereby amended to read as follows:
(29) Solar Energy Systems
(a) Solar Energy Systems
(i) All solar energy systems shall be operable and maintained in good repair.
(ii) Solar energy systems shall meet all required setbacks and height requirements
of the underlying zoning district.
(iii) Solar energy systems shall be an integral part of the structure to which they
are attached.
(iv) As a means of evidencing existing solar access conditions prior to installation,
the owner of a solar energy system may file notarized photographs of the
subject area with the Community Development Department prior to
installation of said system.
(v) Solar energy systems shall be allowed on roofs of principal and accessory
buildings, provided other requirements of this section are met.
(vi) Solar energy systems shall be designed to minimize glare with adequate
screening and/or coatings, as appropriate.
(vii) Solar energy systems shall be located in such a way as to be screened from
visibility of the public right of way, or shall be integrated into the architecture
of the structure so as to be visually inconspicuous.
(viii) Ground-mounted solar energy systems shall be located only in the rear yard of
residential property, and shall not occupy an area more than 20% of the size of
the perimeter foundation of the principal building.
(b) Solar Energy Systems in Business (B) and Industrial (I) districts and the CCD
District.
(i) Solar Energy Systems in the B, I, and CCD Districts shall comply with the
provisions of Section 5.3(D)(29)(a) (i) through (vi).
(ii) Roof-mounted Solar Energy Systems in these districts shall be allowed as
permitted accessory uses on principal and accessory buildings, provided such
systems do not extend more than six (6) feet above the height of the roof
where they are mounted.
(iii) Ground mounted Solar Energy Systems in these districts shall be allowed by
Conditional Use Permit, and together with accessory buildings, shall not
exceed an area of any parcel greater than that allowed for accessory buildings
in the applicable zone.
(iv) Ground mounted Solar Energy Systems in these districts shall be allowed only
when the property owner can show that roof-mounted systems are not feasible
due to building structural issues.
Section 5. Chapter 8, Section 4 (Definitions) is hereby amended to include the following terms
as defined, or redefined:
ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam,
sewer and water; voice, television, and digital communications systems; and waste
disposal and recycling services. These services include underground, surface, and
overhead systems and all accessories thereto such as poles, towers, wires, mains, drains,
vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables,
3
fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and
other similar features necessary for the function of the essential service. Wireless radio
frequency reception and transmission antennas and support structures shall not be
considered an essential service. Essential Services do not include buildings or uses that
include human occupancy or activity beyond occasional service or maintenance.
SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar
energy and convert and store it for useful purposes including heating and cooling
buildings or other energy-using processes, or to produce generated power by means of
any combination of collecting, transferring, or converting solar-generated energy. Solar
Energy Systems are allowed only as accessory structures in any zoning district other than
Planned Unit Development Districts, subject to the requirements of Chapter 5.3 of this
Ordinance.
UTILITIES – MAJOR: Major utilities shall include the following:
(A) Public infrastructure services providing regional or community-wide service that
have regular employees on site during common working hours, and entail the
construction of new buildings or structures such as waste treatment plants, potable water
treatment plants, and solid waste facilities, and electrical substations.
(B) Commercial wind energy conversion systems (public or private).
(C) Electrical substations.
This Ordinance shall take effect and be in full force from and after its passage by the City
Council.
__________________________________
Clint Herbst, Mayor
ATTEST:
___________________________________
Jeff O’Neill, Administrator
AYES:
NAYS:
PlanningCommissionAgenda:1/14/15
1
6.PublicHearing–ConsiderationofarequestforAmendmenttotheMonticello
ZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use-Specific
StandardsandSection3–AccessoryUseStandardsandChapter8,Section4–
DefinitionsasrelatedtoregulationsforSolarEnergySystems.(NAC)
Property:Legal:NA
Address:NA
PlanningCaseNumber:2014-054
A.REFERENCE&BACKGROUND:
Request(s):AmendmentstotheZoningOrdinanceaddressingSolar
Energyproductionasprincipaloraccessoryuses,and
definitionsofEssentialServicesandUtilitiesasusesin
variouszoningdistricts.
DeadlineforDecision:November,2015
LandUseDesignation:Varies
ANALYSISANDSTUDY
Thematerialbelowispresentedtoprovidebackgroundandrecommendationstothe
CityofMonticelloinconsiderationofpotentialamendmentstoitszoningordinance
relatedtosolarenergyproduction,andrelatedaspectsoftheordinancetoutilitiesand
essentialservicesinthecommunity.
I.SolarEnergyProduction
a.Backgroundandintroduction
Overthepastseveralmonths,theCityhasbeenapproachedwithexploratory
questionsabouttheestablishmentoffacilitiesthatwouldgenerateelectrical
powerthroughanextensivearrayofsolarpanels.Thesearraysaresometimes
referredtoas“solarfarms”,andcanconstituteeitherthesoleuseofproperty,
complementanexistinguse,orco-existside-by-sidewithanexistinguse.
Althoughthequestionssofarhavebeenpreliminaryandrelatedmoreto
generalregulations,ratherthanspecifictocertainproperty,staffbecame
concernedthatthecurrentzoningregulationsarenotclearregardingthe
classificationofthistypeofuse.
Tobetteraddressthesequestions,staffrequestedtheCityCouncilestablisha
landusemoratoriumonprincipalsolarenergyuses,givingtheCitytimeto
PlanningCommissionAgenda:1/14/15
2
studythevariousaspectsofthisuse,andaddresssomeoftheconcernsrelated
tothecurrentzoningordinancelanguage.Thatmoratoriumwasadoptedby
theCityCouncilonNovember24th,2014.Undertheplanninglawsin
Minnesota,theCityhas12monthstostudytheissueandconsiderchangesto
itsdevelopmentregulations.
AlternativeenergyproductionhasgrowninMinnesota,inpartduetoaseries
ofstatemandatestothelargestpowerproducerstomeetvariousthresholdsin
energyfromrenewablesources.Accompanyingthemandateshavebeena
varietyofsubsidiesandincentivestobothproducersandconsumersthatabate
ordeferdifferenttaxes,dependingontheprogram.
Recently,theinterestinestablishing“solarfarms”asaprincipaluseof
propertyhasbecomeanurbanissue.Previously,mosturbansolarenergy
productionoccurredasaccessorysolarpanelsattachedtoindividualbuildings.
Inmostofthosecases,thepropertyownerconsumedtheenergyproducedon-
site,andinsomesituations,fedasmallamountofenergybacktothegrid,
whichtheutilitycompanywiththedistributionterritoryisobligatedto
purchase.Thehighpriceofurbanland–relativetoruralland–meantthat
largesolararrayswereunlikelytobeproposedinurbanareas.
Withtherealestatemarketcrashandslowrecovery,thosepricedisparities
wereminimized,atleasttemporarily.Assuch,urbanlocationshavebegunto
surfaceaspotentialsolarfarmproductionsites,particularlygiventheir
proximitytopowersubstationsthatresultinreducedtransmissioncostsfor
theproducer.
Finally,likeanytechnology,continuedadvancementsinefficiencyand
productioncosthavemadesolarenergymoreappealingtoallparties,
includingboththecommercialproducersandconsumers.Asthecostgaps
narrow,theenvironmentalappealofalternativeenergyisincreasingits
potentialtocreatenewlanduseissuesforlocalgovernment.Allofthese
factors–mandates,taxincentives,realestateprices,technologicaladvances,
andenvironmentalappeal-havecombinedtopushthisissuetotheforefront.
ThisreportisintendedtoprovideabaselineofinformationfortheCityto
considerhowitslanduseregulationscanaddresspotentialissuesraisedbythe
growthinsolarenergyproduction.
b.Accessorysolarinstallations
Mostofthesolarinstallationstothispoint,particularlywithinurbanareas,
havebeenaccessoryuses–oneormorepanels(usually)attachedtoan
existingbuilding,andproducingelectricalpowerthatisconsumedbythe
PlanningCommissionAgenda:1/14/15
3
occupantoftheproperty.Historically,theseinstallationshavebeenlimitedto
roof-mountedpanelsoroccasionally,afewground-mountedpanelswithinthe
openyardspacesondevelopedproperty.Withtheimprovementsinthis
technology,itisconceivablethat“accessory”installationswouldgrow
beyondthehistoricallimits,andraiseissuesformunicipallanduseregulation.
c.Principal(commercial)solarinstallations
Theprospectofsolarfarmsasaprincipalorsoleuseofurbanpropertyisthe
issuewhichgeneratedthemoratoriumdiscussion.Intheseinstallations,solar
energyproductionwouldconstitutetheprimaryuse.Formanyofthetypical
installationsofthissort,aparcelofbetween15and25acresisdevotedto
solarpanelarrays.Suchfacilitiesneedfew,ifany,urbanservices,createlittle
ornoon-siteemployment,andgeneratenotraffic.
Someelectricgeneratingordistributionorganizations(Wright-Hennepin
ElectricCooperativeisoneexample)areintheprocessofestablishingsolar
farmarraysthatshareholdersmaybuyinto.Wright-Hennepinhastwosuch
arraysonitscorporatepropertyinRockford.Inthisexample,alargesolar
arraywouldnotnecessarilyneedtobethesoleuseofproperty.Anyparcel
withasignificantamountofunusedlandcouldconsidersolarenergy
productionforcommercialpurposesasanunrelatedancillaryuse.
II.Political/Environmental/RegulatoryAspects/Objectives
a.Energyproductionobjectives
Asnotedpreviously,thereisbothamarket-basedandregulatory-based
movementtowardalternativeorrenewableenergygeneration.Oneofthe
incentivesforenergyproducerstonowbeseekingnewlocationsrelatestothe
requirementoflargeutilities(suchasXcel)tosellathresholdamountof
powerfromrenewablegenerationsources.
Environmentalinterestshavedriventherenewablemarkets,andhavebeen
primarilyresponsiblefortranslatingthoseinterestsintoregulatorymandates.
Thedemandforrenewableenergyproductionisnotlocationspecific.As
such,thequestionofwhethersolarfarmsareanappropriateurbanlanduseis
oneoflandusecompatibilityandlandusepolicy,notoneofenvironmentalor
politicalpolicyfortheCity.
b.LocalGovernmentauthority
PlanningCommissionAgenda:1/14/15
4
Municipalitieshavetheauthoritytoregulatelanduses,withcertainlimitations
thatareimposedbythestate.Provisionofaccesstosunlightforthepurposes
ofutilizingsolarenergyisprotectedbythezoningenablinglegislationin
Minnesotalaw.However,localgovernmentmaystillregulatelandusesto
ensurethatitsplanningobjectivesaremet,infurtheranceofthemunicipal
roleofprotectionofpublichealth,safety,andwelfare.
Assuch,theCitycanuseitsdevelopmentregulationstomanagelocation,
size,extentandintensityofvariouslanduses,andrelegatecertainlandusesto
specificdistricts.Inmostcases,theCitycanprohibitlanduseswhentheyare
incompatiblewiththeCity’slanduseobjectives.ProvidedthattheCity’s
regulationspromotealegitimatepublicinterest,andareareasonablemeansto
furtherthatinterest,thelanduseregulationsaretypicallyvalid.
Certainlargeutilityinstallationsaresubjecttostateregulatoryauthoritythat
canpreemptlocalzoningcontrol.However,onecurrentproject,knownasthe
AuroraprojectbyGeronimoEnergy,isworkingonamulti-sitedistributed
solarenergydevelopmentwhichincludesatleastonesiteinWrightCounty,
amongseveralothersaroundthestate.GeronimoexpectstoseekCounty
and/orTownshipzoningapprovalsforthoseinstallations.
III.LandUseRegulation/Objectives
a.Potentiallanduseissues
i.Neighboringpropertyimpacts.Oneofthemostcommonissues
addressedbylanduseregulationsarepotentialimpactsofauseon
neighboringlanduses.Ofpotentialconcernwithsolarfarmswouldbe
visualglarereflectingfromthesolarpanels,particularlyinalarge
array.Formostofthelargerprojects,itappearsthatthetechnology
includesananti-reflectivecoatingonthepanelsthatminimize
reflectiveglare.Thepanelinstallationsthemselves,whenground-
mounted,aretypicallydesignedtorotateforsunangle,andare
between6and10feettall.Thesearrayswouldtypicallybevisibleto
adjoiningproperty.
ii.Publicsafetyandinfrastructureimpacts.Thefacilitiesgeneratealmost
noon-sitetrafficafterconstructioniscomplete.Occasional
maintenancevisitsoccur,includingwashingactivity.Apartfromthis,
thereisnoothersanitarysewerorwaterusefromthetypicalfacility.
iii.Trafficandutilityinvestment.Becausetheygeneratenotrafficor
municipalutilityuse,thesefacilitieshavethecapacitytoconsume
privatelandthathas,formostareasoftheCityorthenearby
MonticelloOrderlyAnnexationArea,beenplannedforurban
development.BecausetheCity’sinfrastructureinvestments,along
PlanningCommissionAgenda:1/14/15
5
withitseconomicdevelopmentobjectives,arebasedontaxbaseand
employmentgeneration,largeareasoflanddevotedtousesthatsupply
neitheroftheseraisequestionsastotheirsuitabilityforurban
locations.TheCitycouldalsoexpectincreasesinutilityinfrastructure
costsifitwerenecessarytoextenditsutilitylinesandstreetspastsuch
areastocontinueitsdevelopmentpattern.
iv.Employmentgeneration.Asnoted,facilitiesofthistypegenerateno
permanentemploymentforthesiteitself.Insomecases,theCityis
willingtoforgoaportionofitspropertytaxrevenuewhen
employmentgeneratedbyanewprojectmeetstheeconomic
developmentobjectivesofthecommunity.Thisbenefitwouldnotbe
availablefromasolarfarmuse.
b.AccessoryUse.AnAccessoryUse,accordingtothezoningordinance,isone
thatis“subordinateandincidental”tothemainactivityorstructureonthesite
–usuallyreferredtoasthe“principal”useorstructure.Suchausecanbe
subordinateorincidentalinsize,scope,orimpactsonadjoiningproperty.In
mostcases,anaccessoryuseisconsideredanactivitythatisinsupportofand
directlyrelatedtotheoperationoftheprincipalactivityonthesite.
i.Size,Location,Design,etc.Monticellocurrentlypermitssolarenergy
installationsasaccessorystructureswhenattachedtootherprincipal
usesofproperty.Thecoderequiressuchfacilitiestomeetsetbacks
andheightstandardsapplicabletotheprimarybuildingsonthesite.
ii.Building-mountorGround-mount.Currentzoningrequirements
addresssolarfacilitiesthatarean“integralpart”ofthestructureto
whichtheyareattached,withtheimplicationthatground-mounted
solararraysarenotpermissibleundertheaccessoryuseregulations.
iii.Proportionality.Thezoningordinancedoesnotaddressthespecific
amountorproportionofastructureorsitethatcanbeoccupiedby
solarfacilitiesandstillqualifyasanaccessoryuse,althoughthe
ordinancestatesthataccessoryusesshallbesubordinateissizeand
scopetotheprincipaluse.Itisconceivablethatgoingforward,adding
definitiontothisallowancewouldensurethatnewsolarinstallations
intendedtobe“accessory”willindeedbe“incidental”totheprincipal
useofproperty.
c.PrincipalUse.ThePrincipalUseofpropertyisthemain,orprimary,purpose
forwhichlandisintendedanddeveloped.Principalusesareusually
distinguishedbysizeorextent,andalmostcertainlybyimpact,from
accessoryuses.
i.Landuseregulationgoals.Whenlanduseplansarepreparedand
regulationsareestablished,principalusesarethosethatarethefocus
oftheplans.TheCity’slandusegoalsaredesignedtoprovidefor
PlanningCommissionAgenda:1/14/15
6
high-returnlandusesintermsofqualityoflifetotheCity’sresidents.
TheCityhasdevelopedaseriesofeconomicdevelopmentgoals,
supportedbytheComprehensivePlan,thatincorporateanexpectation
forgooddesign,diverselifestyleopportunities,andefficiencyin
providinggovernmentalservices.Landusesthatcannotmeetthese
objectivesareincompatiblewithurbandevelopmentinMonticello.
TheCityacknowledgesthatvariouseconomicactivitiesarenecessary
tosupporturbangrowth,butwhichmaynotbecompatiblewithurban
development.Theseusesaremorelikelytobelocatedinruralareas,
andincludeagricultureandsimilarusesthatdonotuseurbanservices.
ii.Tax/serviceimpacts.ImplicitintheCity’surbandevelopment
objectivesistheneedtogeneratepropertytaxes,onwhichtheCity
reliestodeliverservices,andtheneedtoregulatelandusesinaway
thatpermitstheCitytodeliverthoseservicesasefficientlyaspossible
tokeeppropertytaxratesaslowaspossible.Variousscenarioscan
interferewiththesegoals.Oneexamplewouldbealandusethat
consumesservicesatgreaterratesthanothers,butwhichgenerates
taxablevalueatdisproportionatelylowrates.Thiswouldresultin
spreadingtheburdenofpublicservicestoothertaxpayersintheCity.
Whileasolarfarmusedoesnotgenerateademandforservices,italso
createsarelativelylowpropertytaxcapacity,comparedtootherland
uses.Inaddition,withoutusinganyservices,butinalocationinthe
midstofacurrentorfuturegrowingurbanarea,anunproductiveuse
suchasasolarfarmrequiresadditionalexpendituresofCitycapitalto
extendservicespasttheunproductivelandtofartherdevelopment.
Thiscreatesasprawlimpactthatraisescostsforothertaxpayers.
IV.RegulationOptions.
TheCityhasanumberofpotentialoptionsinregulatingsolarenergyproduction.
Asnotedabove,thecurrentregulationsspecificallypermitaccessorysolar
facilities,withlimiteddefinitionastohowthosefacilitiescanbeinstalledona
property.Thezoningregulationsaresilentonsolarenergyproductionasa
principaluse,butvariouscategoriesofusetouchonelectricalgeneration.
Inallzoningdistricts,thezoningordinanceallows“Utilities(major)”asa
conditionaluse(Utilitiesdonotspecificallyincludeelectricalpowergeneration,
butincluderegionalorcommunity-wideservicesthatentailtheconstructionof
buildingand“electricalsubstations”).Theprovisionsrelatedtothisclassofuse
statethat“Anelectricalpowerfacility...shallbesetbackatleast100feetfrom
alllotlines.Serviceorstorageyardsshallbeprohibited.”
PlanningCommissionAgenda:1/14/15
7
EssentialServicesareidentifiedintheordinanceasthestructuresand
appurtenancesthatarenecessaryto(usually)distributeutilityservicestothe
community.Examplesarepipelines,poles,wires,cableboxes,andsimilar
structures.Theseareallowedinallzoningdistrictsaspermitteduses.Theyare
definedintheMonticellozoningordinanceatChapter8.4.
Staffbelievesthatcreatingbetterdefinitionsrelatedto“utilities”,aswellas
“essentialservices”willaddclaritytotheordinance,inadditiontolanguagethat
addressessolarenergyproductionasaseparateuse.
ThePlanningCommissionisaskedtoprovidestaffwithdirectionasrelatedtothe
regulationoptionsoutlinedbelow.
a.AllowasBothPrincipalandAccessoryUses
i.Permitted/ConditionalUsealternatives.TheCity’szoningregulations
cantreatsolarenergyproductionasapermittedorconditionaluse,
regardlessofwhethertheactivityistheprincipaloraccessoryuseof
land.Asnotedabove,thecurrentlanguageallowssolarinstallations
aspermittedaccessoryuses–thispatternisappropriate,butwould
benefitfromaddedclarificationastothelimitsofwhatconstitutesan
“accessory”useinthecaseofsolarpowerfacilities.
Asaprincipaluse,theactivityisnotcurrentlyallowed,althoughthe
codelanguageisnotclearasitappliestothetypesoffacilities
currentlybeingplannedaroundthestate.IftheCitydoespreferto
allowsolarenergygenerationasaprincipaluseofland,itwouldlikely
requireanumberofspecificstandardstobecompatiblewith
neighboringurbandevelopment,includinglocationandscope.Ifthis
approachisconsidered,itwouldbebesttospecifytheuseasa
ConditionalUseinspecificzoningdistricts,andidentifyaminimum
setofconditionsforconsideration.
ii.Limitsofauthority.ItisimportanttonotethatasaConditionalUse,a
specificuseispresumedtobeacceptableinagivenzoningdistrict,
subjecttocompliancewithreasonableandapplicableconditions
designedtomitigatespecificimpactscreatedbytheuse.Assuch,a
ConditionalUsePermitisnot“deniable”whentheapplicantcanmeet
theconditionsthattheCityplacesonthepermit.ConditionalUse
Permitsrunwiththeland,andarenottime-limited.Itispossibleto
considerthisuseasan“interim”use,buttheCityshouldbecautiousin
knowingthatfacilitieswithsuchextensivecapitalcostsarenotlikely
toterminateintheforeseeablefuture.
PlanningCommissionAgenda:1/14/15
8
b.AllowasAccessoryUseOnly.AsecondoptionfortheCitywouldbeto
incorporatetheclarificationchangestothecodenotedaboveregarding
essentialservices,solarenergysystemsasaccessoryuses,andutilities,and
prohibittheprincipaluseofpropertyforsolarenergyproduction.Staff
believesthatthisistheintentofthecurrentzoninglanguage,butthecurrent
proposalsinthemarketraiseconcernsthattheCity’szoningregulationsdo
notadequatelyaddressthisuseintheintendedmanner.
i.Pros/Cons–relativetocompetingobjectives.
Theadvantagesofthe“accessoryuseonly”approachareasfollows:
1.Solarenergyproductionisallowed,butinwaysthatminimize
theirimpactstoadjoiningproperty.
2.Solarenergyfarmswouldnotbeallowed,thustheissues
relatedtopropertytaxandmunicipalserviceextensionswould
beeliminated.
3.Intheeventthatauserdevelopsamoreuniquemethodof
creatingasolararrayasaprincipaluse,thatpartycould
approachtheCitytoproposeanamendment,andshowhow
thatmethodwouldoffsettheCity’sconcernsnotedabove.
Thedisadvantagesofprohibitingsolararraysasprincipaluseslargely
relatetothepoliticaldiscussioninthatsomemaysuggestthattheCity
isinterferingintheabilityofconsumerstopurchase,orutilitiestosell,
electricalpowerfromalternativegenerationsources.TheCitywould
notbeprohibitingsolarenergyproduction,butwouldbeidentifying
solar“farms”asaruraluse,ratherthananurbanone.
ii.Potentiallimitationsonsize/location/impacts.TheCitycanconsidera
widevarietyoflimitationstosolarenergyarraysasaccessoryuses,
dependingonuseandzoningdistrict.Thesemayincludethe
following:
1.Generallyallowsolararraysasroof-mountedsystems,and
createamaximumheightextension.
2.Ensurethatsolararraysaredevelopedtominimizeglare,
includingadequateprotectivescreeningorcoatingsas
appropriate.
3.Limitsolararraystolocationsthatarenotvisiblefromthe
publicrightofwayinresidentialareas,orrequirethattheyare
integratedintothedesignandarchitectureofthehome.
4.Allowground-mountedsolararraysintherearyardswhen
sucharrayscompriseanaggregateareanomorethan20%of
thesizeoftheprincipalstructure.
5.Allowground-mountedsolararraysonbusinessandindustrial
propertybyConditionalUsePermit,withsizelimitations
relatedtocurrentaccessorybuildingallowances,andinsucha
PlanningCommissionAgenda:1/14/15
9
waythatwouldnotimpedeprincipalbuildingorsiteuse
expansion.
6.Requirethatbusiness/industrialground-mountedsystemsbe
allowedonlywhereapplicantsshowthatroof-mountedsystems
arenotpracticalduetobuildingstrength/support.
7.Requirethataccessorybuildingsrelatedtosolararrays
constitute,orareincludedin,theallowedaccessorybuilding
constructiononthesubjectproperty.
8.IncludetheexistingrequirementsoftheCity’scode,including
arequirementthatallinstallationsmeetheightandsetback
requirementsapplicabletoaccessoryusesintheunderlying
zoningdistrict.
V.Conclusion/Recommendation
Theprospectof“solarfarm”installationsof5acresormorehasraisedanissue
fortheCityinhowitregulatessolarinstallationsgenerally,andparticularly,in
thetreatmentofsolarenergyproductionasapotentialprincipaluseofproperty.
ThisreportnotesthattheintentoftheCity’szoninghasbeentoallowsolar
energyfacilitiesasaccessoryusestructures,butwithanassumptionthatelectrical
generationasaprincipalusewouldbemoresimilartotheXcelgenerationplant–
ataxbaseandemployment-generatingfacility.
Toaddressthisconcern,theCityenactedadevelopmentmoratoriumonsolar
energyasapermitteduselastNovember,withtheunderstandingthattheCity
wouldfurtherinvestigatetheissuesrelatedtothisuseandconsideramendments
toitszoningregulations.
Basedontheanalysisandstudy,staffisrecommendingthefollowing
amendments:
A.RetainthecurrentrequirementsforSolarEnergySystemsintheZoningCode,
Chapter5.3(D)(29)foraccessoryuse
B.Amendthelanguageinthatsectiontoaddtherequirementssuggestedinthis
report,asfollows:
1.Generallyallowsolararraysasroof-mountedsystems,and
createamaximumheightextension.
2.Ensurethatsolararraysaredevelopedtominimizeglare,
includingadequateprotectivescreeningorcoatingsas
appropriate.
3.Limitsolararraystolocationsthatarenotvisiblefromthe
publicrightofwayinresidentialareas,orrequirethattheyare
integratedintothedesignandarchitectureofthehome.
PlanningCommissionAgenda:1/14/15
10
4.Allowground-mountedsolararraysintherearyardswhen
sucharrayscompriseanaggregateareanomorethan20%of
thesizeoftheprincipalstructure.
5.Allowground-mountedsolararraysonbusinessandindustrial
propertybyConditionalUsePermit,withsizelimitations
relatedtocurrentaccessorybuildingallowances,andinsucha
waythatwouldnotimpedeprincipalbuildingorsiteuse
expansion.
6.Requirethatbusiness/industrialground-mountedsystemsbe
allowedonlywhereapplicantsshowthatroof-mountedsystems
arenotpracticalduetobuildingstrength/support.
7.Requirethataccessorybuildingsrelatedtosolararrays
constitute,orareincludedin,theallowedaccessorybuilding
constructiononthesubjectproperty.
8.IncludetheexistingrequirementsoftheCity’scode,including
arequirementthatallinstallationsmeetheightandsetback
requirementsapplicabletoaccessoryusesintheunderlying
zoningdistrict.
C.ClarifythedefinitionofEssentialServicestospecifythattheidentifieditems
aresupportfacilitiesandstructures,butnotbuildingsforhumanuseor
occupancy.
D.ClarifythedefinitionofUtilities-Majortospecifythattheidentifieduses
listedat(A)Publicinfrastructureservicesincludebuildingsorstructuresthat
areintendedtohousehumanactivity.Byexample,staffwouldsuggestthat
thedefinitionofthisusespecificallyincludeareferencetoemploymentanda
needforurbanservices.
E.Clarifythatsolarenergygenerationisnotallowedasastand-alone,principal
useofproperty,includingwithindefinitions.
F.Amendthezoningusetable(Table5.1)tospecifythatUtilities-Majorare
allowedbyCUPonlyintheI-1,LightIndustrialDistrict,I-2,HeavyIndustrial
DistrictandtheB-2,LimitedBusinessDistrict.
B.ALTERNATIVEACTIONS:
1.Motiontocontinuethepublichearinganddirectstafftoprepareamendmentsto
theZoningOrdinanceasrecommendedinthestaffreportof1/14/15for
considerationatthePlanningCommission’snextregularmeeting.
2.Motiontotableactionontheissue,pendingadditionalinformation.
C.STAFFRECOMMENDATION:
PlanningCommissionAgenda:1/14/15
11
Asnotedabove,staffisrecommendingaseriesofamendmentstothezoning
ordinance,summarizedbelow.WithcommentsanddirectionfromthePlanning
Commission,staffwillpreparethoseamendmentsforconsiderationatthenext
regularmeeting.
A.RetainthecurrentrequirementsforSolarEnergySystemsinthe
ZoningCode,Chapter5.3(D)(29)foraccessoryuse.
B.Amendthelanguageinthatsectiontoaddtherequirementssuggested
inthisreport,asfollows:
1.Generallyallowsolararraysasroof-mountedsystems,and
createamaximumheightextension.
2.Ensurethatsolararraysaredevelopedtominimizeglare,
includingadequateprotectivescreeningorcoatingsas
appropriate.
3.Limitsolararraystolocationsthatarenotvisiblefromthe
publicrightofwayinresidentialareas,orrequirethattheyare
integratedintothedesignandarchitectureofthehome.
4.Allowground-mountedsolararraysintherearyardswhen
sucharrayscompriseanaggregateareanomorethan20%of
thesizeoftheprincipalstructure.
5.Allowground-mountedsolararraysonbusinessandindustrial
propertybyConditionalUsePermit,withsizelimitations
relatedtocurrentaccessorybuildingallowances,andinsucha
waythatwouldnotimpedeprincipalbuildingorsiteuse
expansion.
6.Requirethatbusiness/industrialground-mountedsystemsbe
allowedonlywhereapplicantsshowthatroof-mountedsystems
arenotpracticalduetobuildingstrength/support.
7.Requirethataccessorybuildingsrelatedtosolararrays
constitute,orareincludedin,theallowedaccessorybuilding
constructiononthesubjectproperty.
8.IncludetheexistingrequirementsoftheCity’scode,including
arequirementthatallinstallationsmeetheightandsetback
requirementsapplicabletoaccessoryusesintheunderlying
zoningdistrict.
C.ClarifythedefinitionofEssentialServicestospecifythattheidentified
itemsaresupportfacilitiesandstructures,butnotbuildingsforhuman
useoroccupancy.
D.ClarifythedefinitionofUtilities-Majortospecifythattheidentified
useslistedat(A)Publicinfrastructureservicesincludebuildingsor
structuresthatareintendedtohousehumanactivity.
PlanningCommissionAgenda:1/14/15
12
E.Clarifythatsolarenergygenerationisnotallowedasastand-alone,
principaluseofproperty.
F.Amendthezoningusetable(Table5.1)tospecifythatUtilities-Major
areallowedbyCUPonlyintheI-1,LightIndustrialDistrict,I-2,
HeavyIndustrialDistrictandtheB-2,LimitedBusinessDistrict.
D.SUPPORTINGDATA:
A.MonticelloZoningOrdinance,Chapter5,Sections1–UseTable,excerpt
B.MonticelloZoningOrdinance,Chapter5,Section2–Use-SpecificStandards,
excerpt
C.MonticelloZoningOrdinance,Section3–AccessoryUseStandards,excerpt
D.MonticelloZoningOrdinance,Chapter8,Section4–Definitions,excerpt
E.SelectedDataandBackgroundResources
PlanningCommissionAgenda:1/14/15
13
EXHIBITE
SelectedDataandBackgroundResources:
LeagueofMinnesotaCities
MinnesotaStatutesChapter216(PublicUtilitiesCommission)
MinnesotaStatuesChapter462.357(PlanningandLandUse/Zoning)
XcelEnergy(http://www.xcelenergy.com/Environment/Renewable_Energy)
Wright-HennepinElectricCooperative(http://www.whe.org/for-my-home/products-
services/wh-solar.html)
http://stmedia.startribune.com/documents/Geronimo+solar+proposal.pdf
http://www.herald-journal.com/farmhorizons/2014-farm/solar-project.html
http://www.icleiusa.org/blog/get-does-updated-solar-guidebook-for-local-governments
http://www.energy.ca.gov/2009publications/DOE-1000-2009-032/DOE-1000-2009-032.PDF
http://www.lawofrenewableenergy.com/2014/09/articles/solar/mn-community-solar-garden-
program-approved/
http://www.mprnews.org/story/2014/12/17/ground-level-solar-garden
http://ilsr.org/community-solar-gardens-sprouting-minnesota/
http://mncommunitysolar.com/
http://icma.org/en/icma/knowledge_network/documents/kn/Document/305385/Solar_Poweri
ng_Your_Community_Workshop_Minneapolis__St_Paul
http://icma.org/Documents/Document/Document/305385
http://greenstep.pca.state.mn.us/modelOrdinances.cfm
http://www.revenue.state.mn.us/local_gov/prop_tax_admin/Pages/ptamanual.aspx
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 308 City of Monticello Zoning Ordinance
(c) Interim Permitted Uses = I
An “I” indicates that a use may be permitted for a brief period of time
provided certain conditions are met, and a specific event or date can be
established for discontinuance of the use. Inability of the City ]o establish
conditions to adequately control anticipated impacts is justification for denial
of an interim permitted use. Interim Permitted Uses may also be subject to
special regulations as referenced in the “Additional Requirements” column.
(d) Prohibited Uses = Shaded Cells
A shaded cell indicates that the listed use is prohibited in the respective base
zoning district.
(e) Unlisted Uses
If an application is submitted for a use that is not listed in Table 5-1, the
Community Development Department is authorized to classify the new or
unlisted use into an existing Use Type that most closely fits the new or
unlisted use. If no similar use determination can be made, the use will be
considered prohibited in which case an amendment to the ordinance text
would need to be initiated to clarify if, where, and how a proposed use could
be established.
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Agricultural Uses
Agriculture P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5
-1A
P P P 5.2(B)(1)
Agricultural Sales P 5.2(B)(2)
Community Gardens P P P P P P P P P 5.2(B)(3)
Stables C 5.2(B)(4)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 309
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P C
*SE
E
T
A
B
L
E
5-1A
5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C C 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential
Facility, Single Family P P P P P 5.2(C)(3)
Group Residential
Facility, Multi-Family C C C 5.2(C)(3)
Mobile & Manufactured
Home / Home Park C C C P C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities
(public) P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5-1A
P P P None
Active Park Facilities
(private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C 5.2(D)(2)
Cemeteries C C C C C C C 5.2(D)(3)
Clinics/Medical Services C P P C None
Essential Services P P P P P P P P P P P P P P P None
Hospitals C P P C 5.2(D)(4)
Nursing/Convalescent
Home C C C C C C C C C P P 5.2(D)(5)
Passenger Terminal C C C C None
Passive Parks and Open
Space P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(6)
Schools, K-12 C C C C C C I I 5.2(D)(7)
Schools, Higher
Education C None
Place of Public Assembly C C C C C P 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9)
Office Uses
Offices P P C P * P P P 5.2(E)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 310 City of Monticello Zoning Ordinance
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Commercial Uses
Adult Uses
*SE
E
T
A
B
L
E
5-1A
P P 3.7(K)
Auction House C 5.2(F)(2)
Auto Repair – Minor C C P P 5.2(F)(3)
Automotive Wash Facilities P C 5.2(F)(4)
Bed & Breakfasts C C C C C 5.2(F)(5)
Boarding House C 5.2(F)(6)
Business Support Services P P P P P None
Commercial Lodging C P P 5.2(F)(7)
Communications/Broadcasting P P P P 5.2(F)(8)
Convenience Retail C P P P 5.2(F)(9)
Country Club C 5.2(F)(10)
Day Care Centers C C P P C 5.2(F)(11)
Entertainment/Recreation,
Indoor Commercial P C C C 5.2(F)(12)
Entertainment/Recreation,
Outdoor Commercial C C C C 5.2(F)(13)
Financial Institution P C P 5.2(F)(14)
Funeral Services P P 5.2(F)(15)
Kennels (commercial) C 5.2(F)(16)
Landscaping / Nursery
Business P 5.2(F)(17)
Personal Services C P P P P P 5.2(F)(21)
Recreational Vehicle Camp
Site C C 5.2(F)(23)
Repair Establishment C P P 5.2(F)(24)
Restaurants C P P 5.2(F)(25)
Retail Commercial Uses
(other) P P P 5.2(F)(26)
Specialty Eating
Establishments C P P P 5.2(F)(27)
Vehicle Fuel Sales C C C 5.2(F)(28)
Vehicle Sales and Rental C C 5.2(F)(29)
Veterinary Facilities (Rural) C 5.2(F)(30)
Veterinary Facilities
(Neighborhood) C C C 5.2(F)(30)
Wholesale Sales P P P None
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 311
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Industrial Uses
Auto Repair – Major C
*SE
E
T
A
B
L
E
5-1A
P P 5.2(G)(1)
Bulk Fuel Sales and
Storage P P 5.2(G)(2)
Contractor's Yard,
Temporary I I I 5.2(G)(3)
Extraction of Materials I I I 5.2(G)(4)
General Warehousing C C P P 5.2(G)(5)
Heavy Manufacturing C 5.2(G)(6)
Industrial Services C P None
Land Reclamation C C C C C C C C C C C C C C C 5.2(G)(7)
Light Manufacturing P P P 5.2(G)(8)
Machinery/Truck Repair
& Sales P P 5.2(G)(9)
Recycling and Salvage
Center C C 5.2(G)(10)
Self-Storage Facilities P C P 5.2(G)(11)
Truck or Freight
Terminal C P P 5.2(G)(12)
Waste Disposal &
Incineration C 5.2(G)(13)
Wrecker Services C P 5.2(G)(14)
TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Sub-Districts
Exceptions Additional
Requirements F-1 F-2 F-3 L
Commercial Day Care C C C C none 5.2(F)(11)
Commercial Lodging P P C none 5.2(F)(7)
Commercial Offices – Principal C P P C L-2: NA first floor,
CUP upper floors 5.2(F)(19)
Commercial Recreation: Indoor P P C C none 5.2(F)(12)
Commercial Recreation:
Outdoor C C none 5.2(F)(13)
Convenience Retail C P* C C *F-2 Drive Through by CUP 5.2(F)(9)
Funeral Services C C none 5.2(F)(15)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 312 City of Monticello Zoning Ordinance
TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES (cont.)
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Sub-Districts
Exceptions Additional
Requirements F-1 F-2 F-3 L
Medical / Clinical Services C P P P L-2: NA first floor,
CUP upper floors 5.2(F)(18)
Personal Services P P P P
L-2: NA first floor,
CUP upper floors
L-3: CUP
5.2(F)(21)
Places of Public Assembly C C C C none 5.2(F)(22)
Professional Office-Services
Including Financial Institutions P P P C L-2: NA first floor,
CUP upper floors
5.2(F)(14)
5.2(F)(20)
Restaurants, Bars < 10,000 SF P P C C none 5.2(F)(25)
Restaurants, Bars > 10,000 SF P C C none 5.2(F)(25)
Retail Sales < 10,000 SF P P C C none 5.2(F)(26)
Retail Sales > 10,000 SF P C C none 5.2(F)(26)
Retail with Service P C C L-2: NA first floor,
CUP upper floors 5.2(F)(26)
Specialty Eating Establishments
< 10,000 SF P* P* C* P* *Drive Through by CUP 5.2(F)(27)
Vehicle Fuel Sales C C C 5.2(F)(28)
Veterinary Facilities C P C C none 5.2(F)(30)
Residential – Upper Floors P P P P L-2: NA
Residential – Street Level C C L-2: NA
Residential – Multiple Family C C L-2: NA
Residential – Townhouse C none
Residential – Single Family C none
Industrial PUD L-3: PUD Only
Public Buildings or Uses C C C P none
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 326 City of Monticello Zoning Ordinance
(9) Utilities (major)
(a) An electrical power facility, substation, or transmission station shall be set
back at least 100 feet from all lot lines. Service or storage yards shall be
prohibited.
(b) All commercial WECS systems shall adhere to the requirements of Section
4.12 in this ordinance.
(E) Regulations for Office Uses
(1) Outdoor storage shall be prohibited.
(2) Buildings or structures with less than 51 percent of office space shall not be
classified as an office use and shall be regulated by the other use of the structure.
(3) If in the B-1 district, the following shall apply:
(a) The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding area.
(b) The architectural appearance of the building housing the office use shall
reflect the building character of the area and shall not be so dissimilar as to
cause impairment of property values or constitute a blighting influence within
the neighborhood.
(c) The provisions of this ordinance are considered and satisfactorily met.
(d) The site shall conform to signage requirements provided under Section 4.5 of
this Code.
(e) The site shall conform to lighting requirements as provided in this ordinance.
The lighting shall be restricted to be consistent with the hours of operation,
within one half hour of open and close times.
(F) Regulations for Commercial Uses
(1) Reserved
(2) Auction House
(a) The architectural appearance and function plan of the building and site shall
not be so dissimilar to the existing buildings or area as to cause impairment in
property values or constitute a blighting influence within a reasonable
distance of the lot.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
City of Monticello Zoning Ordinance Page 355
(C) Table of Permitted Accessory Uses
(1) Listed Accessory Uses
Table 5-4, lists the allowed types of accessory uses and structures within each
zoning district. If a specific accessory use is allowed in a district, the column
underneath the district is marked with a "P." If a specific accessory use is
conditionally permitted in a district, the column underneath the district is marked
with a "C." If the accessory use or structure is not allowed in a district, the
column is shaded. If there is a reference contained in the column entitled
"Additional Requirements", refer to the cited section(s) for additional standards
that apply to the specific accessory use.
(2) Interpretation of Unidentified Accessory Uses
(a) The Community Development Department shall evaluate applications for
accessory uses that are not identified in Table 5-4 on a case-by-case basis
using the following standards:
(i) The definition of “accessory use” (see Section 8.4 – Definitions) and the
general accessory use standards and limitations established in Section
5.3(B);
(ii) The additional regulations for specific accessory uses established in
Section 5.3(D), Specific Standards for Certain Accessory uses;
(iii) The purpose and intent of the base and overlay districts in which the
accessory use or structure is located;
(iv) Any potential adverse impacts the accessory use or structure may have on
other lands in the area as compared to other accessory uses permitted in
the district; and
(v) The compatibility of the accessory use or structure, including the structure
in which it is housed (if applicable), with other principal and accessory
uses permitted in the district.
(b) The decision of the Community Development Department to permit or deny
an unlisted use or structure is final, but may be appealed pursuant to Section
2.4(H).
Section 8.4:
Definition of
“accessory”
Section 8.4:
Definition of “use”
Section 5.3(B):
General Standards
and Limitations for
Accessory Uses and
Structures
Section 5.3(D):
Specific Standards
for Certain
Accessory Uses
Section 2.4(H):
Appeal of
Administrative
Decisions
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
Page 356 City of Monticello Zoning Ordinance
(3) Table of Permitted Accessory Uses and Structures
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Accessory Dwelling Unit P P P P P 5.3(D)(1)
Accessory Building –
minor (≤ 120 square feet) P P P P P P P P P P P P P P P P 5.3(D)(2)
Accessory Building –
major (> 120 square feet) P P P P P P P C P P P P P P P P 5.3(D)(3)
Adult Use – accessory C 5.3(D)(4)
Agricultural Buildings P 5.3(D)(5)
Automated Teller
Machines (ATMs) P P P P P P P P 5.3(D)(6)
Automobile Repair –
Major C 5.3(D)(7)
Automobile Repair –
Minor C 5.3(D)(8)
Boarder(s) P P P 5.3(D)(9)
Co-located Wireless
Telecommunications
Antennae
C C C C C C C C C C C C C C C C
4.13(E)
Commercial Canopies P P P P P P P P 5.3(D)(10)
Commercial Transmission/
Reception Antennae/
Structures
C C C C C C
4.13(D)
Donation Drop-off
Containers P P 5.3(D)(11)
Drive-Through Services P P P C P P P 5.3(D)(12)
Entertainment/Recreation
– Outdoor Commercial C C C C 5.3(D)(13)
Fences or Walls P P P P P P P P P P P P P P P P 4.3
Greenhouse/Conservatory
(non-commercial) P P P P P P P P P P P P P P P P 5.3(D)(14)
Heliports C C C C C 5.3(D)(15)
Home Occupations P P P P P P P P P P 5.3(D)(16)
Indoor Food /
Convenience Sales P P P P P P P P 5.3(D)(17)
Indoor Storage P P P P P P 5.3(D)(18)
Incidental Light
Manufacturing P P P P P P P P 5.3(D)(19)
Machinery/Trucking
Repair & Sales C 5.3(D)(20)
Office P P P P P P none
Off-street Loading Space P P C P P P P P P P 4.9
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 357
TABLE 5-4: ACCESSORY USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Off-street Parking P P P P P P P P P P P P P P P P 4.8
Open Sales P P P P P P P C C C 5.3(D)(21)
Operation and storage of
agricultural vehicles,
equipment, and machinery
P 5.3(D)(22)
Outdoor Sidewalk Sales &
Display (businesses) P P P P P P P P 5.3(D)(23)
Outdoor Storage P P P P P P P P P P C C C P P 5.3(D)(24)
Park Facility Buildings &
Structures (public) P P P P P P P P P P P P P P P P 5.3(D)(25)
Private Amateur Radio P P P P P P P P P P P P P P P P 4.13(B)
Private Receiving
Antennae and Antenna
Support Structures
P P P P P P P P P P P P P P P P 4.13(C)
Retail Sales of Goods (as
part of an office or
industrial use)
P P P P P P C C 5.3(D)(26)
Shelters (Storm or
Fallout) P P P P P P P P P P P P P P P P 5.3(D)(27)
Sign(s) P P P P P P P P P P P P P P P P 5.3(D)(28)
Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(29)
Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(30)
Large Trash Handling and
Recycling Collection Area P P P P P P P P P P P P 5.3(D)(31)
Wind Energy Conversion
System, Commercial C C C C C 5.3(D)(32)
Wind Energy Conversion
System, Non-commercial C C C C C C C C C C C C C C C C 5.3(D)(33)
Wireless
Telecommunications
Support Structures
C C C C C C C 4.3(E)
4.3(F)
(D) Additional Specific Standards for Certain Accessory Uses
(1) Accessory Dwelling
(a) Accessory dwelling units are permitted only on lots with single-family
detached dwellings.
(b) No more than one accessory dwelling unit per lot is permitted.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 374 City of Monticello Zoning Ordinance
(c) Access. The building where such use is located is one having direct access to
a collector or arterial level street without the necessity of using residential
streets.
(d) Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The
provisions of this section are considered and satisfactorily met.
(27) Shelters (Storm or Fallout)
Storm and fallout shelters shall not alter the character of the premises with respect
to the primary use as permitted in the district.
(28) Sign(s)
All signs within the City shall comply with the finishing standards contained in
Section 4.5, Signs.
(29) Solar Energy Systems
(a) All solar energy systems shall be operable and maintained in good repair.
(b) Solar energy systems shall meet all required setbacks and height requirements
of the underlying zoning district.
(c) Solar energy systems shall be an integral part of the structure to which they
are attached.
(d) As a means of evidencing existing solar access conditions prior to installation,
the owner of a solar energy system may file notarized photographs of the
subject area with the Community Development Department prior to
installation of said system.
(30) Swimming Pools
(a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24
inches in depth must be fenced in accordance with the provisions of Section
5.3(D)(29)(b) below.
(b) Residential swimming pool fences shall be constructed as follows:
(i) Residential swimming pool fences must be at least 48 inches in height.
The fence must not permit the passage of a 4-inch sphere through
openings in the fence. Fences must be constructed of durable, corrosion-
and decay- resistive materials. Openings below the fence to grade must
not exceed 4 inches.
Section 4.5: Signs
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 426 City of Monticello Zoning Ordinance
ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation
or entertainment activities primarily occurring outdoors. Accessory uses may include the
preparation and serving of food, the sale of equipment related to the outdoor uses, and
complementary indoor entertainment facilities. Examples of outdoor commercial
entertainment businesses include, but are not limited to, a golf driving range, sand volleyball
courts, go-carts, or a miniature golf course. This use does not include projectile weapon
ranges (archery or shooting),a stadium or a drive-in movie theater.
ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching,
creating, painting, drawing or any other way of bringing into being or establishing.
EROSION CONTROL: A measure that prevents erosion including but not limited to: soil
stabilization practices, limited grading, mulch, temporary or permanent cover, and
construction phasing.
EROSION CONTROL INSPECTOR: A designated agent given authority by the City of
Monticello to inspect and maintain erosion and sediment control practices.
ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer
and water; voice, television, and digital communications systems; and waste disposal and
recycling services. These services include underground, surface, and overhead systems and all
accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals,
sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for
the function of the essential service. Wireless radio frequency reception and transmission
antennas and support structures shall not be considered an essential service.
EXTRACTION OF MATERIALS: the development or extraction of a natural resource in
excess of four hundred (400) cubic yards from its natural occurrences on affected land without
processing.
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel,
rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota
Statutes, sections 93.44 to 93.51.
EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the
year.
EXISTING TREE CANOPY: The crowns of all healthy self-supporting canopy trees with a
diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper
size of four inches or greater at breast height.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 449
SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than
100 persons at any one time such as cultural events, musical events, celebrations, festivals,
fairs, carnivals, etc.
SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or
entertainment.
SPEECH, NON-COMMERCIAL: Dissemination of messages not classified as commercial
speech which include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics.
SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are
placed on a development site to soften built edges and provide transitions. [See Section
4.1(H)]
SHOPPING CENTER: An integrated grouping of commercial stores under single ownership
or control. See also “RETAIL COMMERCIAL USES”
SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in
percent or degrees.
SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar
energy and convert and store it for useful purposes including heating and cooling buildings or
other energy-using processes, or to produce generated power by means of any combination of
collecting, transferring, or converting solar-generated energy.
SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items
that normally do not constitute a full meal, including but not limited to: ice cream parlors,
dessert cafes, snack shops, juice and coffee houses, and bakeries.
STABILIZATION / STABILIZED: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material
that prevents erosion from occurring. Grass seeding is not stabilization.
STABLE: A building in which horses are sheltered; may be accessory to a residential or other
use or a freestanding principal use.
START OF CONSTRUCTION: The first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, excavation and filling;
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 452 City of Monticello Zoning Ordinance
TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi-
family home sites, civic and institutional uses, office uses, commercial uses, and industrial
uses. This definition does not include trash and recycling containers associated with single
family dwellings, or townhome units which do not utilize a communal location for trash and
recycling.
TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the
beauty of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by
this ordinance.
TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30
feet.
TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the
tree’s dripline.
TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large
dumpsters or compactors used to temporarily store trash and recycling materials prior to a
regularly scheduled pick up. Such facilities are typically associated with multi-family
buildings of more than four units, commercial operations and industrial sites.
TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where
loading and unloading is carried on regularly, and where minor maintenance of these types of
vehicles is performed.
UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30
feet.
UPLAND: Means all lands at an elevation above the ordinary high water mark.
USE: The purpose or activity for which the land or building thereon is designated, arranged,
or intended, or for which it is occupied, utilized, or maintained, and shall include the
performance of such activity as defined by the performance standards of this ordinance.
Planning Commission Agenda – 07/07/15
1
2B. Public Hearing – Consideration of a request for Amendment to the Monticello
Zoning Ordinance Chapter 3, Section 7(E) for the ordinances regulating principal
structure setbacks in non-riparian side, front and rear yards in the Mississippi Wild
& Scenic Recreational River District. Applicant: City of Monticello (AS)
Planning Case Number: 2015-024
A. REFERENCE & BACKGROUND
Request(s): Amendments to the text of the Monticello Zoning
Ordinance
Deadline for Decision: NA
Land Use Designation: NA
Zoning Designation: Mississippi Wild Scenic and Recreational Overlay District
ANALYSIS
The Planning Commission is asked consider amendments to the Monticello Zoning
Ordinance as it relates to principal structure setbacks in non-riparian side, front and rear
yards in the Mississippi Wild & Scenic Recreational River District (MWSRR).
At present, the MWSRR requires the following setbacks for principal structures:
TABLE 3-21: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS
Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from
all roads when a lot is bounded by two or more roadways)
- Arterial Road 70 feet
- Collector Road 70 feet
- Local Road 30 feet
- Landlocked Parcel 30 feet
Unsewered Sewered
Side yard setbacks 30 feet 30 feet
Planning Commission Agenda – 07/07/15
2
Rear yard setbacks 30 feet 50 feet
Setback from the OHW of the
Mississippi River 150 feet 100 feet
Setback from a bluff line 75 feet 75 feet
Sewer setback from the OWH 75 feet 75 feet
The current side, front, and rear setbacks in the MWSRR were established based on best
practice ordinances for the Wild Scenic and Recreational District and are reflective of
setbacks for those lots meeting the minimum 200’ width and 2 acre area lot dimensions
required by the Mississippi Wild Scenic & Recreational River District Minnesota Rules.
However, most of the property within the Wild Scenic and Recreational River Overlay
District in Monticello was developed or platted prior to the 2 acre/200’ width
requirements. In many cases, existing residential lots are far under the 2 acre size and
many have dimensions of 66-100’ in width and often less than 200’ in depth.
Minnesota Rules for the Mississippi Wild Scenic & Recreational River District only
requires setbacks from the normal high water and blufflines, which are considered
“riparian” setbacks. There are no required setbacks unrelated to the Ordinary High Water
(OHW) or bluffline. The additional non-riparian yard setbacks currently in the ordinance
have therefore made development or redevelopment of these properties difficult to
accomplish without variance requests.
As such, amendments to the ordinance have been developed which reduce the required
non-riparian setbacks to those more reflective of base zoning requirements. The existing
setback requirements for residential and commercial districts (with exception of the T-N
and B-4 District) require a standard 30 foot front and rear yard setback, with a 20 foot
street side yard and 10 foot interior side yard setback. With any development, the stricter
of the two standards will apply. For example, for a lot within a B-4 District base zoning
district located within the MWSRR Overlay, the MWSRR setback standards are more
restrictive and will therefore apply. The proposed amendments are provided below and
in the attached draft ordinance.
Planning Commission Agenda – 07/07/15
3
TABLE 3-21: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS
Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from
all roads when a lot is bounded by two or more roadways)
- Arterial Road 730 feet
- Collector Road 730 feet
- Local Road 30 feet
- Landlocked Parcel 30 feet
Unsewered Sewered
Side yard setbacks 30 feet 310 feet
Rear yard setbacks 350 feet 530 feet
Setback from the OHW of the
Mississippi River 150 feet 100 feet
Setback from a bluff line 75 feet 75 feet
Sewer setback from the OWH 75 feet 75 feet
The riparian setbacks from the Ordinary High Water and bluffline are not proposed for
amendment. In cases where a yard is impacted by a bluffline or OHW, the riparian
setback remains in place and will apply.
As a process note, the City is required to submit a notice of public hearing and the
proposed amendment language to the Minnesota Department of Natural Resources for
comment at least 30 days before the public hearing. City staff have provided the required
notice. No formal comment has been received by the DNR at the time of this report.
However, staff have spoken with DNR representatives regarding the proposed
amendments; no issues were raised by the DNR during those discussions.
The City is also required to send a notice of decision on this item within 10 days of the
decision to the Minnesota Department of Natural Resources. At that time, the DNR has
the option to issue a “non-approval” notice to the City for the decision. In the absence of
a “non-approval” notice, the ordinance becomes effective when thirty days have elapsed
from the day the Commissioner of the Department of Natural Resources received notice
Planning Commission Agenda – 07/07/15
4
of the final decision, and the city has received from the Commissioner neither
certification of approval nor notice of non-approval.
The above required processes are further described in Monticello Zoning Ordinance
Section 3.7(E)(23).
B. ALTERNATIVE ACTIONS
1. Motion to recommend adoption of the proposed ordinance amendments and to direct
staff to prepare the required Ordinance No. 619 for consideration by the City
Council, based on the findings that:
a) The ordinance amendments as proposed continue to support the Comprehensive
Plan;
b) The ordinance amendments are consistent with Minnesota Rules for the
Mississippi Wild Scenic and Recreational River District; and
c) The amendments eliminate conflicts between the ordinance and existing
development, and reduce non-conformities in the overlay district.
2. Motion of other.
C. STAFF RECOMMENDATION
Staff supports the proposed amendments. The amendments as drafted provide the
required riparian-related setbacks for the OHW and bluffline in the Mississippi Wild
Scenic and Recreational River Overlay District, while maintaining a more consistent
setback requirement with base zoning districts for non-riparian yard setbacks.
D. SUPPORTING DATA
A. Draft Ordinance No. 619
B. Monticello Zoning Ordinance Chapter 3, Section 7(E), Excerpt
C. Monticello Zoning Map, including Mississippi Wild Scenic and Recreational
River Overlay
D. Example Lots in the MWSRR, Monticello
E. Minnesota Rules, 6103-0110, Excerpt
ORDINANCE NO. 619
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE
FOR THE FOLLOWING SECTIONS:
CHAPTER 3, SECTION 7 – MISSISSIPPI WILD SCENIC AND
RECREATIONAL RIVER DISTRICT
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY
ORDAINS:
Section 1. Section 3.7(E)(8) – (Table 3-21 Wild & Scenic Principal Structure Setbacks),
Title 10 – Zoning Ordinance is hereby amended as follows:
TABLE 3-21: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS
Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from
all roads when a lot is bounded by two or more roadways)
- Arterial Road 730 feet
- Collector Road 730 feet
- Local Road 30 feet
- Landlocked Parcel 30 feet
Unsewered Sewered
Side yard setbacks 30 feet 310 feet
Rear yard setbacks 350 feet 530 feet
Setback from the OHW of the
Mississippi River 150 feet 100 feet
Setback from a bluff line 75 feet 75 feet
Sewer setback from the OWH 75 feet 75 feet
Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, 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 and diagrams that result from such
amendments, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
Section 3. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
ADOPTED BY the Monticello City Council this _____ day of July, 2015.
ORDINANCE NO. 619
CITY OF MONTICELLO
__________________________________
Brian Stumpf, Mayor
ATTEST:
___________________________________
Jeff O’Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
County Hwy 75
Chelsea Rd
State Hwy 25
85th St NE
9 0th St N E
Linn St
Pine St
7th St
School Blvd
Riverview Dr
Cedar St
W River St
M
a
r
v
i
n
R
d
Jason Ave
Dundas Rd
W Broadway St
Hart Blvd
Country La
Haug Ave NE
Elm St
W 4th St
Fenning Ave NE
Oakwook Dr
Ma ll a r d L a
95th St NE
Fallon Ave NE
Edmonson Ave NE
Mississippi Dr
5th St
Country Club Rd
Sandberg Rd
P
e
l
i
c
a
n
L
a
F a l c o n D r
Fenning Ave
Walnut St
Oak Ridge Dr
Oriole La
Club View Rd
Broadway St
Hillcrest Rd
E River St
Headman La
M
i
l
l
T
r
a
i
l
L
a
Falcon Ave NE
Wright StBenton St
Elwood Rd
Ramsey St
6th St
River Mill Dr
Wildwood Way
Hilltop Dr
Mill Run Rd
O a k V i e w L a
Farmstead Ave
Martin Dr
4th St E
3rd St E
Red Rock La
Gillard Ave NE
Maple St
Fallon Dr
Willow St
View La E
Grey Stone Ave
Marvin Elwood Rd
Fieldcrest Cir
Fairway Dr
Jason Ave NE
Vine St
M e a d o w L a
Jerry Liefert Dr
Praire Rd
Starling Dr
Palm St
Un
kn
ow
n
o
r N
o
S
tree
tn
ame
Fallon Ave
Golf Course Rd
Falcon Ave
Kevin Longley Dr
Craig La
R
e
d
O
a
k
L
a
Front St
5th St W
Thomas Park D r
Locust St
M o c k i n g b i r d L a
W 3rd St
Ea
s
two
o
d
C
i
r
Bri ar Oa ks Bl v d
F
a
r
m
s
t
e
a
d
D
r
Henipin St
E
i
d
e
r
L
a
Dayton St
Oak La
River Forest Dr
Meadow Oak Ave
Kampa Cir
O
a
k
R
i
d
g
e
C
i
r
M i l l C t
R i v e r R i d ge L a
Garrison Ave
Oakview Ct
Dundas Cir
Kenneth La
Otter Creek Rd
Minnesota St
Eagle Cir
Crocus La
Meadow Oak La
Stone Ridge Dr
Chestnut St
1 2 0 t h S t N E
Darrow Ave NE
Diamond Dr
Pebble Brook Dr
Widgeon La
Washington St
Bunker Cir
Homestead Dr
Thomas Cir
E
n
d
i
c
o
t
t
T
r
Center Cir
Oak View Cir
Sandtrap Cir
Countr y Cir
Cheyen Ct
Old Territoral Rd
Tanager Cir
Hillcrest Cir
Os prey Ct
Acorn Cir
Balboul Cir
S
w
allo
w
C
ir
R iv e r si d e C ir
Meadow Oak Ct
Matthew Cir
E Oak Dr
S t o n e R i d g e C ir
Oakwood Dr
Meadow Oak Ave NE County Hwy 75
Hart Blvd
Marvin Rd
Marvin Rd
Wright St
90th St NE
Cedar St
Minnesota St
01
City of MonticelloOfficial Zoning Map
10-10-14
:Legend
BASE ZONING DISTRICTS
Residential Districts
-- Low Residential Densities
-- Medium Residential Densities
-- High Residential De nsities
Business Districts
Industrial Districts
OTHER
Water
A-O
R-A
R-1
T-N
R-2
R-PUD
R-3
R-4
B-1
B-2
B-3
B-4
CCD
IBC
I-1
I-2
M-H
Mississippi Wild, Scenic & Rec Overlay District
OVERLAY DISTRICTS
Performance Based Overlay District
!
!
!
!!!!
!
!
!!!!!
Shoreland District
Special Use Overlay District
!
!
!
!!!!
!
!
!!!!!
Freeway Bonus Sign District
PUDs
Swan River01
Exam ple Lot L ayouts
Sou rce: E sri, Digita lG lo be , Ge oE ye,Earth star G eo gr ap hics, CNES /Airbu s DS,US DA , US GS, A EX, Ge tmap ping ,Aerog rid , IGN, IGP, swisst opo, and theGIS Use r Co mmu nity
City Bou nd ar y
Ju ly 1, 2 015
Map P owered b y Data Link from W SB & Associa tes
1 inch = 752 f ee t
Exam ple Lot L ayouts
Sou rce: E sri, Digita lG lo be , Ge oE ye,Earth star G eo gr ap hics, CNES /Airbu s DS,US DA , US GS, A EX, Ge tmap ping ,Aerog rid , IGN, IGP, swisst opo, and theGIS Use r Co mmu nity
City Bou nd ar y
Ju ly 1, 2 015
Map P owered b y Data Link from W SB & Associa tes
1 inch = 376 fe et
Planning Commission Agenda – 07/07/15
1
2C.Public Hearing – Consideration of a request for Amendment to the Monticello
Zoning Ordinance Chapter 3, Section 4(F) – Single and Two-Family Residential,
5.2(C) - Standards for Residential Uses and Chapter 8, Section 4 – Definitions, for
ordinance regulating minimum residential standards in the R-2 District.Applicant:
City of Monticello (AS)
Planning Case Number:2015-023
A.REFERENCE & BACKGROUND
Request(s):Amendments to the text of the Monticello Zoning
Ordinance
Deadline for Decision:NA
Land Use Designation:NA
Zoning Designation:R-2 (Single and Two Family Residence) District
ANALYSIS
The Planning Commission is asked consider amendments to the Monticello Zoning
Ordinance as it relates to the R-2 District’s performance standards for minimum floor
area square footage by unit type. The proposed amendments also address the definitions
for various residential dwelling unit types.
The proposed amendments are necessary to provide clarity in the application of the
ordinance for residential uses in the R-2 District and were developed in response to the
zoning code’s daily use and application.
In comparing the language for required floor area square footage in Table 3-6: R-2
Development Standards to that in Table 5-2: Minimum Floor Area By Unit Type, it was
noted although the tables related to slightly different sets of information (minimum
foundation and finishable square footages versus minimum square footage per bedroom),
the “if applicable” text in Table 3-6 could lead to differing interpretation on required
minimum square footage for foundation and finishable square feet in the R-2 District.
Therefore, staff has proposed a series of amendments which would clarify minimum floor
area square footage by unit type for the R-2 District. The proposed standards graduate
the square footage requirement for the various R-2 dwelling unit types. The proposed
standards also place the R-2 minimum floor area standards between requirements for
minimum floor area for the R-1 (Single-Family Residence) and R-3 (Medium Density
Planning Commission Agenda – 07/07/15
2
Residence) districts. Currently, the R-1 District requires 2,000 square feet of finishable
square footage. The R-3 District, which was established to provide for medium density
residential products, requires 1,000 square feet per dwelling unit.
The proposed R-2 language would require:
•1,600 square feet finished for single-family dwelling units
•1,400 square feet finished per each duplex dwelling unit
•1,400 square feet finished per each townhome dwelling unit
•1,400 square feet finished per each multiple-family dwelling unit
Commission will note that staff has proposed the square footage requirement per unit as
“finished” rather than “finishable”. The minimum foundation size is proposed to remain
at 1,050 square feet for all R-2 unit types.
No change to Table 5-1: Uses by District is proposed at this time. However, staff would
recommend the deletion of Table 5-2: Minimum Floor Area By Type in its entirety. The
table is no longer relevant given that minimum square footage standards for unit size,
foundation size and/or finished or finishable square footage are established within every
residential zoning district.
The amendments proposed also include a change to the limit on the number of townhome
units in Chapter 5, Section 2(C) from 6 to 8, which is consistent with the definition in
Chapter 8. Additionally, ordinance provision 5.2(C)(1)(g) would be amended as follows:
Except for dwellings classified as elderly (senior citizen) housing,or the minimum floor
area per dwelling unit shall be as prescribed in individual zoning district regulations,the
minimum floor area per dwelling unit shall be in accordance with table 5-2.
In support of the proposed amendments, staff is also suggesting a clarification to the
definitions for single-family, townhouse and duplex units. These proposed definitions
are consistent with the International Residential Code, the City’s adopted building code
for residential structures. The amended duplex definition also specifies that the dwellings
exist on a single lot. Two-unit attached dwelling structures which exist on separate lots
would therefore now be considered a townhome dwelling.
There is no proposed change at this time to the definition for multi-family dwelling units.
DWELLING,SINGLE FAMILY DETACHED:A dwelling unit designed
exclusively for occupancy by one (1) family.Any building that contains one
dwelling unit used, intended, or designed to be built, used, rented, leased, let
or hired out to be occupied, or occupied for living purposes.
Planning Commission Agenda – 07/07/15
3
DWELLING, DUPLEX OR TWO-FAMILY:A building designed as a single
structure, containing two separate dwelling units, each of which is designed to be
occupied as a separate permanent residence for one family.Any building that
contains two separate dwelling units with separation either horizontal or
vertical on one lot that is used, intended, or designed to be built, used,
rented, leased, let or hired out to be occupied, or occupied for living
purposes.
TOWNHOUSES:Structures housing three (3) or more dwelling units of not
more than two (2) stories each and contiguous to each other only by the sharing of
one (1) common wall, such structures to be of the town or row house type as
contrasted to multiple family dwellings or apartments/condominiums.A single-
family dwelling unit constructed in a group of two or more attached units in
which each unit extends from the foundation to the roof and having open
space on at least two sides of each unit. Each single-family dwelling unit
shall be considered to be a separate building.No single structure shall contain
in excess of eight (8) dwelling units, and each dwelling unit shall have separate
and individual front and rear entrance.
Appropriate renumeration of the ordinance will be addressed by the Deputy City Clerk in
the ordinance document.
B.ALTERNATIVE ACTIONS
1.Motion to recommend adoption of the proposed ordinance amendments and to direct
staff to prepare the required Ordinance No. 618 for consideration by the City
Council, based on a finding that the ordinance amendments as proposed continue to
support the Comprehensive Plan, serve to clarify existing ordinance regulations for
the R-2 District, and support consistency with current City review process.
2.Motion of other.
C.STAFF RECOMMENDATION
Staff supports the proposed amendments, as they will provide needed clarity and
consistency in the application of the ordinance.
In the review of the ordinances relating to this amendment, it was noted by staff that there
are no minimum “finished” square footage requirements in the R-1, R-A or T-N
residential districts. This maybe an area the Commission would like to address in the
future.
Planning Commission Agenda – 07/07/15
4
D.SUPPORTING DATA
A.Draft Ordinance No. 618
B.Chapter 3, Section 4(F) – R-2, Single and Two-Family Residence District
C.Chapter 5, Section 1 – Use Table, Table 5-1, Uses by District, excerpt
D.Chapter 5, Section 2(C) – Regulations for Residential Uses
E.Chapter 8, Section 4 – Definitions, excerpt
ORDINANCE NO. 618
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE
FOR THE FOLLOWING SECTIONS:
CHAPTER 3, SECTION 3.4(F) – SINGLE AND TWO-FAMILY RESIDENTIAL, 5.2(C) -
STANDARDS FOR RESIDENTIAL USES AND CHAPTER 8, SECTION 4 –
DEFINITIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY
ORDAINS:
Section 1. Section 3.4(F) – Table 3-6: R-2 Development Standards, Title 10 – Zoning
Ordinance is hereby amended as follows:
TABLE 3-6: R-2 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet) Max Height
(stories /
feet)
Minimum Floor
Areas
(sq ft)
Minimum
Building
Width (ft)
Minimum Roof Pitch &
Soffit (vertical rise/
horizontal run)
Front
[1]
Interior
Side
Street
Side Rear
Single Family /
Duplex
Building
30 10
[2] 20 30 2.5 stories
35 feet
1,050
foundation
2,01,600
finished able
(per unit if
applicable)
[3]
24
5” / 12”
No minimum soffit
Duplex 30 10
[2] 20 30 2.5 stories
35 feet
1,050
foundation
1,400 finished
24
Townhouse/
Multi Family
Building
30 10 20 30 2.5 stories
35 feet
1,050
foundation
1,400 finished
24
[1]: For the Original Plat of Monticello and Lower Monticello, where adjacent structures (excluding accessory
buildings within same block) have front yard setbacks different from those required, the front yard minimum
setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front
yard minimum setback shall be the average of the required setback and the setback of the adjacent structure.
[2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or less in the
Original Plat of Monticello and Lower Monticello shall be at least six (6) feet.
[3]: Finishedable square footage is exclusive of attached accessory space
Accessory
Structures
An attached garage shall be included with all principal residential structures in the R-2 district.
See Section 5.3(B) for all general standards and limitations on accessory structures.
The minimum floor area for all attached accessory structures shall be 450 sq. ft.
No portion of any attached accessory structure may be more than 10 feet closer to the street that the
principal structure.
Except for single family buildings, any driveway leading directly to an attached accessory structure may not
exceed 18’ in width at the front yard property line
ORDINANCE NO. 618
Other
Regulations to
Consult (not
all inclusive)
Section 3.3, Common District Requirements
Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Section 4.11, Building Materials
Section 4.8, Off-Street Parking
Section 4.1, Landscaping and Screening Standards
Section 2. Section 5.2(C) – Standards for Residential Districts, Title 10 – Zoning Ordinance
is hereby amended as follows:
5.2(C)(1)(g) Except for dwellings classified as elderly (senior citizen) housing or the
minimum floor area per dwelling unit shall be as prescribed in individual
zoning district regulations, the minimum floor area per dwelling unit shall
be in accordance with table 5-2.
Table 5-2: Table 5-2: Minimum Floor Area By Type is deleted in its entirety.
5.2(C)(2) -Townhouse
(c) No building shall contain more than eightsix (86) dwelling units.
Section 3. Section 8.4 – Definitions, Title 10 – Zoning Ordinance is hereby amended as
follows:
DWELLING, SINGLE FAMILY DETACHED: A dwelling unit designed
exclusively for occupancy by one (1) family. Any building that contains one
dwelling unit used, intended, or designed to be built, used, rented, leased, let or
hired out to be occupied, or occupied for living purposes.
DWELLING, DUPLEX OR TWO-FAMILY: A building designed as a single
structure, containing two separate dwelling units, each of which is designed to be
occupied as a separate permanent residence for one family. Any building that
contains two separate dwelling units with separation either horizontal or
vertical on one lot that is used, intended, or designed to be built, used, rented,
leased, let or hired out to be occupied, or occupied for living purposes.
TOWNHOUSES: Structures housing three (3) or more dwelling units of not
more than two (2) stories each and contiguous to each other only by the sharing of
one (1) common wall, such structures to be of the town or row house type as
contrasted to multiple family dwellings or apartments/condominiums. A single-
family dwelling unit constructed in a group of two or more attached units in
which each unit extends from the foundation to the roof and having open space
on at least two sides of each unit. Each single-family dwelling unit shall be
ORDINANCE NO. 618
considered to be a separate building. No single structure shall contain in excess
of eight (8) dwelling units, and each dwelling unit shall have separate and
individual front and rear entrance.
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 10, 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 and diagrams that result from such
amendments, 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. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
ADOPTED BY the Monticello City Council this _____ day of July, 2015.
CITY OF MONTICELLO
__________________________________
Brian Stumpf, Mayor
ATTEST:
___________________________________
Jeff O’Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (F) R-2: Single and Two Family Residence District
City of Monticello Zoning Ordinance Page 91
Typical R-2 Lot Configuration
(F) R-2: Single and Two Family Residence District Section 3.4 (F)
R-2 Single and Two-Family Residence District
The purpose of the "R-2" single and two-family residential district is to provide for low to moderate
density one and two unit dwellings and directly related complementary uses.
Maximum Density through PUD or Performance Standards = 5,445 sq. ft. per unit (8.0 units per
gross acre)
Base Density
Unit Type
Minimum Lot
Area/Unit Base Density
Single Family 10,000 square feet 4.3 units/acre
Duplex/Two-Family 7,000 square feet 6.2 units/acre
Townhome * 7,000 square feet 6.2 units/acre
Multi-Family
(3-4 units) *
10,000 sq ft for 1st
unit + 4,000 sq ft for
each additional unit
5.9 – 6.7
units/acre
* By Conditional Use Permit Only
Minimum Lot Width
R-2 District Original Plat
Lot Width 80 feet 66 feet
Typical R-2 Building Types
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (F) R-2: Single and Two Family Residence District
Page 92 City of Monticello Zoning Ordinance
TABLE 3-6: R-2 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet) Max Height
(stories /
feet)
Minimum Floor
Areas
(sq ft)
Minimum
Building
Width (ft)
Minimum Roof Pitch &
Soffit (vertical rise/
horizontal run)
Front
[1]
Interior
Side
Street
Side Rear
Single Family /
Duplex
Building
30 10
[2] 20 30 2.5 stories
35 feet
1,050
foundation
2,000 finishable
(per unit if
applicable)
[3]
24
5” / 12”
No minimum soffit
Townhouse/
Multi Family
Building
30 10 20 30 2.5 stories
35 feet 24
[1]: For the Original Plat of Monticello and Lower Monticello, where adjacent structures (excluding accessory
buildings within same block) have front yard setbacks different from those required, the front yard minimum
setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front
yard minimum setback shall be the average of the required setback and the setback of the adjacent structure .
[2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or less in the
Original Plat of Monticello and Lower Monticello shall be at least six (6) feet.
[3]: Finishable square footage is exclusive of attached accessory space
Accessory
Structures
An attached garage shall be included with all principal residential structures in the R-2 district.
See Section 5.3(B) for all general standards and limitations on accessory structures.
The minimum floor area for all attached accessory structures shall be 450 sq. ft.
No portion of any attached accessory structure may be more than 10 feet closer to the street that the
principal structure.
Except for single family buildings, any driveway leading directly to an attached accessory structure may not
exceed 18’ in width at the front yard property line
Other
Regulations to
Consult (not
all inclusive)
Section 3.3, Common District Requirements
Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Section 4.11, Building Materials
Section 4.8, Off-Street Parking
Section 4.1, Landscaping and Screening Standards
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 317
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P C *SEE TABLE 5-1A 5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C C 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential
Facility, Single Family P P P P P 5.2(C)(3)
Group Residential
Facility, Multi-Family C C C 5.2(C)(3)
Mobile & Manufactured
Home / Home Park C C C P C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities
(public) P P P P P P P P P P P P *SEE TABLE 5-1A P P P None
Active Park Facilities
(private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C 5.2(D)(2)
Cemeteries C C C C C C C 5.2(D)(3)
Clinics/Medical Services C P P C None
Essential Services P P P P P P P P P P P P P P P None
Hospitals C P P C 5.2(D)(4)
Nursing/Convalescent
Home C C C C C C C C C P P 5.2(D)(5)
Passenger Terminal C C C C None
Passive Parks and Open
Space P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(6)
Schools, K-12 C C C C C C I I 5.2(D)(7)
Schools, Higher
Education C None
Place of Public Assembly C C C C C P 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9)
Office Uses
Offices P P C P * P P P 5.2(E)
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
Page 324 City of Monticello Zoning Ordinance
(c) All applicable requirements of the State Pollution Control Agency are
complied with.
(C) Regulations for Residential Uses
(1) General Regulations for All Dwellings
All dwellings located in any residence district shall conform to the following
minimum requirements in addition to the specific requirements applicable to the
individual residence districts:
(a) Except for in the M-H zoning district, all dwellings shall be placed on a
permanent foundation which complies with the Minnesota State Building
Code, and which are solid for the complete circumference of the dwelling.
(b) All dwellings shall have a minimum width and depth of 20 feet, exclusive of
porches, entryways, or attached storage sheds.
(c) All dwellings shall be served by public sanitary sewer and water.
(d) Direct vehicular access to residential units from arterial or collector roadways
shall be prohibited unless no other reasonable alternative exists as determined
by the Community Development Department.
(e) In addition to standards applicable to all houses in residential districts,
manufactured homes, as defined by Minnesota Statutes, shall be built in
compliance with the Minnesota Manufactured Homes Building Code and all
statutory requirements.
(f) No cellar, basement, garage, tent, trailer, motor vehicle or accessory building
shall at any time be used as an independent residence or dwelling unit, either
temporarily or permanently. Tents, play houses or similar structures may be
used for play or recreational purposes.
(g) Except for dwellings classified as elderly (senior citizen) housing or as
prescribed in individual zoning district regulations, the minimum floor area
per dwelling unit shall be in accordance with table 5-2.
MN Statutes on
Manufactured Homes
(327.31 –327.35)
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
Page 326 City of Monticello Zoning Ordinance
(iii) Usable Open Space
Except for mixed use projects in the CCD District, each multiple family
dwelling site or townhouse site shall contain at least five hundred (500)
square feet of usable open space for each dwelling unit contained thereon,
or a minimum of 30% green space, whichever is greater. For the
purposes of this ordinance, green space shall include lawn, shrubs, trees,
or other planted open space usable for gardens, shade, or recreation and
shall not include planted areas between parking areas or sidewalks and
parking areas which are less then ten feet in width, nor shall it include any
part of the public right-of-way, delineated wetland(s), or required
stormwater ponding areas below the 10 year flood elevation.
(b) Duplex
(i) A minimum of two (2) off-street parking spaces per unit shall be provided
within an enclosed garage of at least four hundred (400) square feet.
(ii) All driveways and required off-street parking spaces shall be surfaced
with concrete, bituminous or approved equivalent.
(iii) Legal non-conforming single family dwellings located within R-3 Zoning
Districts may be converted to duplex dwellings by conditional use permit
where environmental conditions on the property support preservation of
trees, drainage patterns, or other related features.
(c) Townhouse
(i) No building shall contain more than six (6) dwelling units.
(ii) Each dwelling unit shall have separate and individual front and rear
entrances.
(iii) Private driveways for garages in townhouse developments shall provide a
minimum of twenty (20) feet worth of parking space which does not
interfere with the use of public sidewalks or trails.
(iv) Setbacks:
1. Buildings in townhouse developments shall be located at least twenty
(20) feet apart and twenty (20) feet from the back of the curb of a
private roadway.
2. The applicable setbacks required in the underlying zoning district
shall be met along the perimeter lot lines of the development and
along all public roadways.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 325
TABLE 5-2: MINIMUM FLOOR AREA BY UNIT TYPE
Single Family
Detached Dwelling
Duplex &
Townhouse
Attached Dwellings
Multiple-Family
Attached Dwellings
Apartment or
Condominium
Attached Dwellings
[1]
Efficiency Apartment [2] na na na 440 sq ft
One Bedroom 720 sq ft 720 sq ft 600 sq ft 520 sq ft
Two Bedrooms 820 sq ft 820 sq ft 800 sq ft 750 sq ft
Three Bedrooms 920 sq ft 920 sq ft 900 sq ft 850 sq ft
Four + Bedrooms [3] 1050 sq ft 1050 sq ft 1000 sq ft 1000 sq ft
[1]: For purposes of measurement, the net floor area of an individual dwelling unit in an apartment or condominium
shall mean the gross floor area as defined in Section 8.2(B)(4) less areas devoted to other individual units,
public stairways, public entries, public foyers, public balconies or unenclosed porches, separate utility rooms,
garages, furnace areas or rooms, or storage areas not within the dwelling unit.
[2]: The number of efficiency apartments in a multiple dwelling shall not exceed five (5) percent of the total number
of apartments.
[3]: For every additional bedroom over four, add 120 square feet to the required four -bedroom minimum.
na = not applicable
(h) Apartment and condominium dwelling units shall only be located in multiple-
family buildings or in buildings within the CCD district as regulated by this
ordinance.
(2) Attached Dwelling
(a) Regulations applicable to all Attached Dwelling Types
(i) Trash Handling and Recycling
Multiple-family structures with more than four dwelling units shall adhere
to the accessory use standards for large trash handling and recycling areas
as outlined in Section 5.3.
(ii) Size of Development
All attached dwelling developments that contain more than two (2)
structures with dwelling units and/or having a structure containing more
than ten (10) dwelling units shall require a conditional use permit.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 433
DUMPSTER: A container that has a hooking mechanism that permits it to be raised and
dumped into a sanitation truck or be hauled away for emptying.
DUPLEX: A building designed as a single structure, containing two separate dwelling units,
each of which is designed to be occupied as a separate permanent residence for one family.
DWELLING: A building or portion thereof designated exclusively for residential occupancy,
including one-family, two-family, and multiple family dwellings, but not including hotels,
motels, and boarding houses.
DWELLING, ACCESSORY UNIT: A dwelling unit, either within the same building as the
single-family dwelling unit or in a detached building. Accessory dwelling units shall be
developed in accordance with the standards set forth in this ordinance and only in those zoning
districts where permitted.
DWELLING, ATTACHED: A structure intended for occupancy by more than one family,
including duplexes, townhomes, multi-family dwellings, apartments, and condominiums.
Accessory dwelling units as defined and permitted by this ordinance are incidental to a
principal dwelling unit and are not considered to be attached dwellings.
DWELLING, DETACHED: A dwelling unit designed exclusively for occupancy by one (1)
family.
DWELLING, MULTIPLE FAMILY: A building designed with three (3) or more dwelling
units exclusively for occupancy by three (3) or more families living independently of each
other but sharing hallways and main entrances and exits.
DWELLING UNIT: An area within a structure designed and constructed to be occupied by
one family which includes permanent provisions for living, cooking, and sanitation. Dwelling
unit does not include hotels, motels, group residential facilities, correctional facilities,
nursing/convalescent home, rehabilitation centers, or other structures designed for transient
residence.
EFFICIENCY APARTMENT: A dwelling unit consisting of one (1) principal room exclusive
of bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking
(kitchenette).
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 461
TEMPORARY EROSION PROTECTION: Short term methods employed to prevent
erosion. Examples of these methods include: straw, wood fiber blanket, wood chips
and erosion netting.
TEMPORARY MOBILE CELL SITE: Any mobile tower, pole, or structure located on a
trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an
antenna or similar apparatus for personal wireless services, also commonly referred to as
cellular on wheels (COW).
TOE OF BLUFF: The lower point of a 50-foot segment with an average slope exceeding
18 percent.
TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding
18 percent.
TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a
specific lot.
TOWNHOUSES: Structures housing three (3) or more dwelling units of not more than two
(2) stories each and contiguous to each other only by the sharing of one (1) common wall,
such structures to be of the town or row house type as contrasted to multiple family dwellings
or apartments/condominiums. No single structure shall contain in excess of eight (8) dwelling
units, and each dwelling unit shall have separate and individual front and rear entrance.
TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi-
family home sites, civic and institutional uses, office uses, commercial uses, and industrial
uses. This definition does not include trash and recycling containers associated with single
family dwellings, or townhome units which do not utilize a communal location for trash and
recycling.
TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the
beauty of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by
this ordinance.
PlanningCommissionAgenda:06/02/15
1
3A.ConsiderationofareportregardingTemporarySigns,Chapter4,Section5ofthe
MonticelloZoningOrdinance (AS)
A.REFERENCE&BACKGROUND:
TheMonticelloChamberofCommerceandCitystaffhavearrangedameetingonJuly
21st todiscussthetemporarysignregulationsandamendments.
Asmallroundtableofbusinessandotherstakeholderswillattendthemeetingtoprovide
inputandfeedback.Thegroupwillincluderepresentativesfromthefollowingsegments:
•Retailuser-largesingleunitover10,000squarefeet
•Retailuser-tenantinspaceunder5,000squarefeet(multi-tenant
building)
•Marketingprofessional
•Restaurantuse
•Officeprofessionaluse
•Industrialuse
•IndustrialandEconomicDevelopmentCommittee
APlanningCommissionerisalsowelcometoattend.
AnupdatewillbeprovidedinAugustontheresultsofthestakeholdermeeting.
B.ALTERNATIVEACTIONS:
None.
C.STAFFRECOMMENDATION:
None.
D.SUPPORTINGDATA:
None.