Planning Commission Agenda 08-04-2015
AGENDA
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, August 4th, 2015 - 6:00 p.m.
Mississippi Room, Monticello Community Center
Commissioners: Brad Fyle, Linda Buchmann, Sam Murdoff, John Falenschek, Marc
Simpson
Council Liaison: Charlotte Gabler
Staff: Angela Schumann, Steve Grittman (NAC)
1. General Business
A. Call to Order
B. Consideration of approving minutes
a. Regular Meeting Minutes – July 7th, 2015 (to be provided)
C. Citizen Comments
D. Consideration of adding items to the agenda
2. Public Hearings
A. Continued Public Hearing - Consideration of a request for Amendment to the
Monticello Zoning Ordinance Chapter 3, Section 4(F) - Single and Two-Family
Residential, Chapter 4, Section 11 - Building Materials, Chapter 5, Section 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
B. Public Hearing – Consideration of a Map Amendment for Rezoning from B-3
(Highway Business) District to B-2 (Limited Business) District, and ZoningText
Amendment within the B-3 (Highway Business) District to allow Places of Public
Assembly as a permitted or conditional use.
Applicant: Quarry Community Church
3. Regular Agenda
A. Consideration of calling for a public hearing for Section 4.3 – Fences & Walls
as related to fence materials and appearance.
B. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of
the Monticello Zoning Ordinance.
4. Added Items
5. Adjournment
Planning Commission Agenda – 08/04/15
1
2A. Continued Public Hearing - Consideration of a request for Amendment to the
Monticello Zoning Ordinance Chapter 3, Section 4(F) - Single and Two-Family
Residential, Chapter 4, Section 11 - Building Materials, Chapter 5, Section 2(C) -
Standards for Residential Uses and Chapter 8, Section 4 - Definitions, for ordinance
regulating minimum residential standards in the R-2 District (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
Planning Commission is asked to review for recommendation ordinance amendments
related to the minimum floor area standards, unit types and building materials in the R-2
District based on information prepared and presented during the July 7th regular meeting,
the August 4th workshop, and the public hearings held July 7th, 2015 and August 4th,
2015.
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 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 continues to support 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
Planning Commission Agenda – 08/04/15
2
residential districts. This may be an area the Commission would like to address in the
future.
D. SUPPORTING DATA
All Supporting Documents for this item listed below can be found with the August 4th,
2015 Planning Commission Workshop Agenda.
A. Draft Ordinance No. 619
B. Staff report, July 7th, 2014: R-2 Standards
C. Chapter 3, Section 4(E-H)
D. Chapter 4, Section 11 – Building Materials
E. Chapter 5, Section 1 – Use Table, Table 5-1, Uses by District, excerpt
F. Chapter 5, Section 2(C) – Regulations for Residential Uses
G. Chapter 8, Section 4 – Definitions, excerpt
H. Monticello Comprehensive Plan, Excerpt – Places to Live
I. Monticello Zoning Ordinance, Steering Committee Minutes 2-3-10
J. Sample R-2 Residential Use Floor Area Information
K. Monticello Official Zoning Map
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 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 MONTICELL0, 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:
1114:®. l,,,
REQUIRED YARDS (in feet) Minimum
Max Height Minimum Minimum Minimum Roof Pitch Front Interior Street (stories / FlFinished Building &Soffit
Floor Areas Floor Areas (vertical
l Rear I Width
[ ] Side Side feet) (sq ft) (sq ft) (ft) rise/
horizontal
run)
fi 1,05;0
Single Family / foundation
X81,800 Minimum
30 10 2.5 stories
Duplex [2] 20 30 35 feet finishable finished 24
Buddin8 (per- un square
aala4e} footage 5" / 12"
[3] must be
j 1,050 equivalent No
Duplex 30 10 2.5 stories foundation/ to the minimum
1d [2] 20 30 35 feet 1,400 principal 24 soffit
_finishable use unit
Townhouse/ 1,050 foundation
Multi Family 30 10 20 30 2.5 stories foundation size.
Buildin 35 feet 1,400 24
8 finishable
I [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]: Finishedab4e square footage is exclusive of attached aecessegarage space
ORDINANCE NO. 619
Section 2. Section 4.11(C) — Residential District Standards, Title 10 — Zoning Ordinance is
hereby amended as follows:
(2) R-1 and R-2 District
A minimum of 15% of the front building fagade of any structure in the R-1 and R-2
District, less the square footage area of the garage doors, shall be covered with brick or
stone. Any attached or major detached accessory building that can be seen from the street
shall meet this same standard. Structures with front facades covered by at least 70%
stucco or real wood may reduce the brick or stone coverage to 5%. The Community
Development Department may approve optional facade treatments when additional
architectural detailing so warrants. Such detailing may include usable front porches,
extraordinary roof pitch or other features.
Section 3. 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) housings the
minimum floor area per dwelling unit shall be as prescribed in individual
zoning district regulations, the minimum fleer- afea per- dwelling unit shall
be in aeeerd; nee with ale 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 eights -(86) dwelling units.
Section 4. Section 8.4 — Definitions, Title 10 — Zoning Ordinance is hereby amended as
follows:
•
An attached garage shall be included with all principal residential structures in the R-2
I
district.
■ See Section 5.3(B) for all general standards and limitations on accessory structures.
Accessory
• The minimum floor area for all attached garage -shall be 450 sq. ft.
Structures
• No portion of any attached garage 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 aeeesse�y
suture garage may not exceed 18' in width at the front yard property line
E Section 3.3, Common District Requirements
Other f
■ Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Regulations to
Consult (not i
• Section 4.1 I, Building Materials
all inclusive) �
Section 4.8, Off -Street Parking
■ Section 4. 1, Landscaping and Screening Standards
Section 2. Section 4.11(C) — Residential District Standards, Title 10 — Zoning Ordinance is
hereby amended as follows:
(2) R-1 and R-2 District
A minimum of 15% of the front building fagade of any structure in the R-1 and R-2
District, less the square footage area of the garage doors, shall be covered with brick or
stone. Any attached or major detached accessory building that can be seen from the street
shall meet this same standard. Structures with front facades covered by at least 70%
stucco or real wood may reduce the brick or stone coverage to 5%. The Community
Development Department may approve optional facade treatments when additional
architectural detailing so warrants. Such detailing may include usable front porches,
extraordinary roof pitch or other features.
Section 3. 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) housings the
minimum floor area per dwelling unit shall be as prescribed in individual
zoning district regulations, the minimum fleer- afea per- dwelling unit shall
be in aeeerd; nee with ale 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 eights -(86) dwelling units.
Section 4. Section 8.4 — Definitions, Title 10 — Zoning Ordinance is hereby amended as
follows:
ORDINANCE NO. 619
DWELLING, SINGLE FAMILY DETACHED: , ; dwelling tffiit ,,es; d
exelusively for- eee"aney by elle (14 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 btiilding designed a 1
stfiietufe, e6fitaining two separate dwelling units, eaeh of w-hieh is designed to be
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:
eentr-aste to multiple family dweliiiigser- apartmenWeefideffliniums. 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
cohsidered 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 5. 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 6. 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 4th day of August, 2015.
CITY OF MONTICELLO
Brian Stumpf, Mayor
ATTEST:
ORDINANCE NO. 619
Jeff O'Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
Planning Commission Agenda — 07/07/15
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):
Deadline for Decision:
Land Use Designation:
Zoning Designation:
ANALYSIS
Amendments to the text of the Monticello Zoning
Ordinance
NA
NA
R-2 (Single and Two Family Residence) District
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
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
0 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, OF the minimum floor
area per dwelling unit shall be as prescribed in individual zoning district regulations the
floor -area per -dwelling „«;t shall be ; areeer-daneewith table 5 7
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: ^ dwelling unit designed
exelusively f r e „by e (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
2
Planning Commission Agenda — 07/07/15
DWELLING, DUPLEX OR TWO-FAMILY. A building asingle
s �` s c
stfuepar-e, eoHtaifli- hieh is designed to be
'It F8S deflGe 10F 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:b thfee (3) or- ffieft __ a _„.__ _ _
ffiOfe 61aff two (2) stefies eaeh an B:: !I � I 1111: 111 is to ea
one (1) eefilffi6fl'A'al I _H011 AiWtHr-eS E) be Of the town or- few house type a's
eentfasted to multiple family dwellings
ll • apai4fne , 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
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
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
G
CHAPTER 3: ZONING DISTRICTS
Section, 3.4 Residential Buse Toning Districts
Sobseetion (D) R -A. Residential Amcnitics District
Section 3.4 (D)
R—A Residential Amenities District
The purpose of the "R -A" residence district is to provide
move up housing in the form of low density, single family,
detached residential dwelling units and directly related
complementary uses in areas of high natural residential
amenities including such conditions as woodlands,
wetlands, and significant views.
Maximum Density through PUD or Performance
Standards = 10,890 sq. ft. per unit (4.0 units per gross
acre)
Kase Density = 16,000 sq ft per unit (2.7 units per gross acre)
Base Lot Area =
® Minimum = 14,000 sq ft.
• Average = 16,000 sq ft (at least 40% of lots created
through subdivision shall exceed 15,000 sq ft in size)
Base Lot Width
• Minimum = 90 ft.
• Average= 100 ft. (at least 40% of lots created
through subdivision shall exceed 100 ft in width)
Typical R -A
Types
T...:..1 o A 1_. r_—__.
City of Monticello Zoning Ordinance
Parc 87
�ffi"a M -M wt wn"guranon
n
h
f
:
i
City of Monticello Zoning Ordinance
Parc 87
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (D) R.A: Residertiol Amenities District
REQUIRED YARDS (in feet)
Front Interior }}s Street I Rear
t Side[ 1] I Side 1
Max
I
Minimum
Minimum Roof
Height
Minimum Floor Areas
Building
Pitch & Soffit
(stories /
(sq ft)
Width
(vertical rise/
`feet) v�
_
(ft)
horizontal run)
Minimum foundation 1 6" / 12"
Single 30 2.5 stories sizes by home type
Family 35 10 20 [2] 35 feet [3] 24 no minimum
Building 2000 finishable [4] soffit
[1]: For interior lots in R- I and R -A districts, attached accessory structures may be allowed to meet a 6'
t
setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet.
t [2]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the lot
that is exclusive of wetlands, ponds, or slopes greater than 12 percent.
[3]: 2400 square foot gross floor area excluding a basement or cellar for two story homes and a 1600 square
foot foundation for multi-level, rambler and split entry homes.
ii [4]: Finishable square footage is exclusive of attached accessory space.
■ An attached garage shall be included with all principal residential structures in the R -A district.
See Section 5.3(B) for all general standards and limitations on accessory structures.
Accessory i ■ The minimum floor area for all attached accessory structures shall be 700 sq. ft.
Structures ` ■ No portion of any garage space may be more than five feet closer to the street than the front building
line of the principal use (including porch).
■ See footnote [I] above as related to setbacks for attached accessory structures on interior lots.
Other Section 3 3 Common District Requirements
Regulations Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
to Consult Section 4 1 I Building Materials
(not all Section 4.8. Off -Street Parking
I
CPrtinn 4.1. Landscaping and Screening Standards
1:14,000 SF minimum lot size
a: Detached accessory structure meeting the side street
setback (xo') and rear yard setback (ti')
3; Base density of 2.7 units per acre with Bots
averaging i6,000 5F in size .
4. Single Family home meeting,
front yard setback (35') with
appurtenance (porch) not
extending more than 6'
into the setabck
5, io foot interior side yard
setbacks
a uwnl P%1' ALq NWft.
ti ■ tOMW Br Lor ay�Gre
i C r+arfir , a u74rr6'ft08* AC,,
rte,
J
74
6.3o foot rear yard primary structure setback
7.35 foot front yard setback
i
B. to foot side yard setback
Page 88 City of Monticello Zoning Grdinonce
CHAPTER 3: ZONING DISTRICTS
`ection 3.4 Residential 1 ase Zoning Districts
Subsection (E) R-1: Single Family Residence District
Section 3.4 (E)
R-1 Single Family Residence District
The purpose of the "R-1" single family district is to
provide for low density, single family, detached
residential dwelling units and directly related
complementary uses.
Maximum Density through PUD or Performance
Standards = 8,712 sq. ft. per unit (5.0 units per gross
acre)
Base Density = 14,000 sq ft per unit (3.1 units per gross
acre)
Base Lot Area
• Minimum = 10,000 sq ft.
• Average = 12,000 sq ft (at least 40% of lots created
through subdivision shall exceed 12,000 sq ft in
size)
Base Lot Width
• Minimum = 70 ft.
• Average = 80 ft. (at least 40% of lots created through subdivision shall exceed 80 ft in width)
Typical R-1 Building Types
City of Monticello Zoning Ordinance
Typical R-1
Lot
fonfiguration
Page 89
CHAP7ER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (C-' R- I: Single I an-iily Residence District
Family
Buildinf
REQUIRED YARDS (in feet) Max
Height
FrontWAInterior } Street _ Rear (stories !
j Side [1] Side I[3] feet)
10 2.5 stories
30 [2] 20 30 35 feet
I Minimum Minimum Roof
Minimum Floor Areas Building Pitch & Soffit
(sq ft) Width (vertical rise/
(ft) horizontal run)
1.050 foundation/ 5" / 12"
24 no minimum'
2,000 finishable [4] soffit
[1]: For interior lots in R -I and R -A districts, an attached accessory structure may be allowed to meet a 6'
setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet..
[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]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the lot
that is exclusive of wetlands, ponds, or slopes greater than 12 percent.
Finishable square footage is exclusive of attached
■ An attached garage shall be included with all principal residential structures in the R- I district.
Accessory o See Section 5.3(B) for all general standards and limitations on accessory structures.
Structures a The minimum floor area for all attached accessory structures shall be 550 sq. ft.
■ See footnote [ I ] above as related to setbacks for attached accessory structures on interior lots.
Other Section 3.3 Common District Requirements
Regulations Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
to Consult Section 4.1 I, Building Materials
(not all Section 4.8, Off -Street Parking
inclusive) Corti— d 1 I nnr --ina and Srraanino Standards
F . U"
v 7o foot setback from a street abutting a side yard —E'ER q �
z: Single family home conforming to front yard
setback i> t WN1 - `--1
3: 30 foot front yard setbacks _
r r
4: to foot side yard setbacks on
shared interior lot linesAVf . j �P
ta),000 SF minimum
lot size; inax density ^:
Of 5 units per acre 4
�-� i
6: 30 foot rear yard
setback A.
7: 6 foot interior side yard
setback for lots of record in the
original Plat of Monticello and lower ` `�• _ � '� �
:Monticello
8: Minimum lot width of 70 feet
Page 90 City of Monticelli Zoning Ordinance
CHAPTER 9: ZONING DISTRICTS
Section 3.4 Residentiol Bose 7oning Districts
Subsection (F) R-2: Singic and Two Fornily 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
Minimum Lot Width
R-2 District Original Plat
Lot Width 1 80 feet 66 feet
Typical R-2 Lot Configuration
City of Monticello Zoning Ordinance. Page 91
Minimum Lot
Unit Type
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
10,000 sq ft for 1"
5.9-6.7
( 3-4 units *
unit + 4,000 sq ft for
units/acre
each additional unit
* BV Conditional
Use Permit Only
Minimum Lot Width
R-2 District Original Plat
Lot Width 1 80 feet 66 feet
Typical R-2 Lot Configuration
City of Monticello Zoning Ordinance. Page 91
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (F) R-2: Single and 'lwo Fomily Residence District
REQUIRED YARDS (in feet) I Max Height Minimum Floor I Minimum Minimum Roof Pitch &
Front - Interior Street `F { (stories / Areas Building # Soffit (vertical rise/
[I] Side Side Rear feet) s (sq ft) Width (ft) j horizontal run)
>ingle Family / 9 1,050
Duplex 30 [2] 20 30 2 35 feet s foundation 24
_ Building i 5" / 12"
2,000 finishable
Townhouse/ i 2.5 stories per unit if 24 No minimum soffit
Multi Family 30 10 20 30 `� 35 feet applicable)
Building [3].____--t
[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
■ An attached garage shall be included with all principal residential structures in the R-2 district.
■ See Section 5.3(Bl for all general standards and limitations on accessory structures.
Accessory 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
Structures principal structure.
■ Except for single family buildings, any driveway leading directly to an attached accessory structure may not
s exceed 18' in width at the front yard property line
Section 3.3. Common District Requirements
Other Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Regulations to
Consult (not Section 4.1 I. Building Materials
all inclusive) ■ Section 4.8, Off -Street Parking
■ Section 4.1. Landscaping and Screening Standards
e atr fast setts ick from a street abutting a side yard 7 Q TS ACRE �l
a: [Duplex on a corner lot - ggAE _ - . ~
3.6 trldlTS GIV038A
-
f Mitilmorn tot diini'rnSions ante ties are """ .,., � Clgg
met
'i
4= 30 foot r€ar yard setback for,.
principal structures
5: to foot side Yard saetbarks on ,
shared interior tot 11 nes
6:30 foot frontyartt setback rtft•—
7; 6 foot interior shit- yard 5,etb rk is llowtd an'lots of record In the origdrkal Plat of '--�
Monticello and Lower Montittilo
Page 92 City of Monticello Zoning Ordinance
Section 3.4
T -N
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residentio! Base `oning (districts
Subsection, (G) T -N: Traditional Ncighborhood Residcnce District
Traditional Neighborhood Residence District
The purpose of the "T -N" traditional neighborhood
residential district is to provide for medium density,
single family, detached residential dwelling units and
directly related complementary uses.
Maximum Density through PUD or Performance
Standards = 5445 sq. ft. per unit (8.0 units per gross
acre)
Base Density = 10,000 sq ft per unit (4.4 units per gross
acre)
Base Lot Area
• Minimum = 7,500 sq ft.
Base Lot Width
• Minimum = 45 ft.
• Maximum at the street = 65 ft.
Typical T -N Building Types
IT,_
Raw amm
City of Monticello Zoning Ordinance
Typical T -N Lot Configuration
Page 93
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection, (G) I N: I roditionol Neighborhood Residence District
14 11111:&
V 11:40
REQUIRED YARDS (in feet)
Max Height Minimum Floor
Minimum
Minimum Roof Pitch
Interior !� Street
(stories / Areas
Building
& Soffit (vertical rise/
Side Side Rear
feet) (sq ft)
Width (ft)
horizontal run)
Single
[Fn�''
Family
6
25
20
Front Load
;
2.5 stories
2050 foundation
2000 finishable /
24
5' / 12"
Single
35 feet
[2]
No minimum soffit
Family
15
6
15
25
Rear Load
_
[1): The maximum front yard shall be 30 feet for front load homes and 25 feet for rear load homes.
[2]: Finishable square footage is exclusive of attached accessory space.
• An attached garage shall be included with all principal residential structures in the T -N district.
• See Section 5.3(B) for all general standards and limitations on accessory structures.
Accessory
a The minimum floor area for all attached accessory structures shall be 480 sq. ft.
Structures
' For front -loaded attached accessory structures, no portion of any garage space may be more than five
feet closer to the street than the front building line of the principal use (including porch).
■ No private driveway leading to an accessory structure may exceed 18' in width at the front yard
property line.
Other NSection 3.3. Common District Requirements
Regulations N Section 3.4(B). Standards Applicable to All Residential Base Zoning Districts
to Consult a Section 4.11. Building Materials
(not all Section 4.8. Off -Street Parking
inclusive) 4 Section 4.1. Landscaping and Screening Standards
Rear Load Example Front Load Example
a: 7500 square foot minimum lot size
z: 15 foot street side yard setback for rear loading 401. Z
units (25 foot street side yard setback for front
loading units)
3: 15 foot front yard setback for rear
loading homes (appurtenance
allowance not applicable in
the T -N zoning district).
4: 6 foot interior side yard -,J-,
r
setbacks 'e- '�
ftill
5.23 foot front yard
setback for front loading
homes Mk'K* `Y
6. 25 foot rear yard setback for
rear loading homes
7.20 foot rear yard setback for front loading homes
Miryy���
wig
Page 94 City of Monticello Zoning Ordinance
CHAPTER 3: ZONING DISTRICTS
Section, 3.4 Residentiol Bose Zoning; Distticis
Subsection (H) R-3: Medium Dcnsiiv Residence District
Section 3.4
R-3 Medium Density Residence District
The purpose of the "R-3" medium density
residential district is to provide for medium
density housing in multiple family structures
ranging up to and including twelve (12) units
and directly related, complementary uses.
Maximum Density through Planned Unit
Development (Townhouse) = 6,223 sq ft per
unit (7 units per gross acre)
Maximum Density through Planned Unit
Development (Multi -family) = 3,630 sq ft per
unit (12 units per gross acre)
Maximum Density through Performance
Overlay Standards = 3,630 sq. ft. per unit
(12.0 units per gross acre)
Base Density
• Townhouse = 10,980 sq. ft. per unit
(4 units per gross acre)
• Multi -Family = 5,124 sq. ft. per unit
(8.5 units per gross acre)
Base Lot Area
• Minimum Townhouse
20,000 sq ft.
• Minimum Multi -Family
30,000 sq ft
Base Lot Width
• Minimum = 80 ft.
Typical R•3 lot
City of Monticello Zoning Ordinorcc Page 95
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Ease. Zoning Districts
Subsection (14) R-3: Medium Density Residence District
R-3 District
Townhouse (4 — 10 units I building)
R-3 District
Multi -Family (6 — 12 units I building)
Base Lot Area
20,000 sf
30,000 sf
Gross Density
3-7 du/acre
8-12 du/acre
Max Density w/o PUD
4.0 du/acre
8.5 du/acre
Net lot area per du
4,500 sf/du, maximum
3,500 sf/du, maximum
Front setback
30 feet
40 feet
Corner side setback
25 feet
30 feet
Interior side setback
20 feet
20 feet
Rear setback to building
30 feet
40 feet
Clear open space setback from
ROW
25 feet
30 feet
Clear open space setback from
Property Line
10 feet
30 feet
Buffer Req. to Single Family
B buffer
B buffer
Common open space per du
NA
500 sf/du
Landscaping
16 ACI/acre +2 shrubs per 10 feet bldg.
perimeter
16 ACI/acre +2 shrubs per 10 feet bldg.
perimeter
Parking requirements
2.5 spaces/du, with 2 enclosed
2.5 spaces/du, with 2 enclosed
Architecture
20% street min frontage covered with
enhanced materials
20% street min frontage covered with
enhanced materials
Roofs
5:12 pitch
5:12 pitch
Unit square feet
1,000 sf finished floor area per unit,
minimum
1,000 sf finished floor area per unit,
minimum
Garages
Attached
Enclosed, may be detached
Garage Setback
30 feet from ROW (35 feet from curb of
private street)
May not access street directly — must be
served by interior driveway
Garage Doors
Maximum 16 feet width facing street — no
smooth panel doors
No smooth panel doors — detached
buildings must match principal building
materials and include architectural
fenestration on sides facing residentially
zoned property
Page 96 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.1 1 Building Materials
Subsection (C) Residential District Requirements
(2) New materials
In recognition of the ever-changing marketplace for new finishing materials, the
Community Development Department may authorize the use of materials not
listed herein if it is determined that such a material is substantially similar or
superior to one or more of the approved building materials.
(C) Residential District Requirements
(1) All Residence Districts
No metal siding shall be permitted wider than 12 inches or without a one-half
(1/2) inch or more overlap and relief.
(2) R-1 District
A minimum of 15% of the front building fagade of any structure in the R-1
District, less the square footage area of the garage doors, shall be covered with
brick or stone. Any attached or major detached accessory building that can be
seen from the street shall meet this same standard. Structures with front facades
covered by at least 70% stucco or real wood may reduce the brick or stone
coverage to 5%. The Community Development Department may approve
optional facade treatments when additional architectural detailing so warrants.
Such detailing may include usable front porches, extraordinary roof pitch or other
features.
(3) R -A and T -N Districts
A minimum of 20% of the front building fagade of any structure in the R -A or T-
N zoning district, less the square footage area of the garage doors, shall be
covered with brick or stone. Any attached or major detached accessory building
that can be seen from the street shall meet this same standard. Structures with
front facades covered by at least 70% stucco or real wood may reduce the brick or
stone coverage to 10%.
(4) R-3 District and other Districts with Multiple Family Housing
A R-3 District and other districts with multiple family housing shall be subject to
building material standards as follows: all building walls facing a public street
shall be covered with stone, brick, cultured masonry simulating brick or stone, or
other enhanced materials acceptable to the City Council to an extent not less than
20% of the exposed wall silhouette area. In addition, multiple family structures of
thirteen (13) or more units shall, when lap horizontal siding, be constructed of
heavy gauge steel or cement -board, with no use of vinyl or aluminum permitted.
City of Monticello Zoning Ordinance Page 295
CHAPTER 4: FINISHING STANDARDS
Section 4.1 I Building Materials
Subsection (D) Business District Requirements
Natural wood or species that is resistant to decay may be permitted where
approved by the City Council.
(D) Business District Requirements
In all Business Zoning Districts (see table 3-1), the following building materials
standards shall apply.
(1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings,
except those specifically designed to have a corrosive designed finish such
as"corten" steel, shall be permitted in the districts listed herein.
(2) Buildings in these zoning districts shall maintain a high standard of architectural
and aesthetic compatibility with conforming surrounding properties to ensure that
they will not adversely impact the property values of the abutting properties and
shall have a positive impact on the public health, safety, and general welfare,
insofar as practicable.
(3) Exterior building finishes in the districts subject to this Section shall consist of
materials compatible in grade and quality to the following:
(a) Brick
(b) Natural Stone
(c) Decorative rock face or concrete block
(d) Cast -in-place concrete or pre -cast concrete panels
(e) Wood, provided that the surfaces are finished for exterior use and wood of
proven exterior durability is used, such as cedar, redwood, or cypress
(f) Glass
(g) Exterior Insulated Finish systems, where said system is manufactured to
replicate the look of one of the approved building materials in this section
(h) Stucco
(4) Metal exterior finishes shall be permitted only where coordinated into the overall
architectural design of the structure, such as in window and door frames, mansard
roofs or parapets, and other similar features, and in no case shall constitute more
than 15% of the total exterior finish of the building.
Page 296 City of Monticello Zoning Ordinance
CHAPTER 5: USE STANDARDS
Secticn 5.1 Use Table
Subsection (A) Ex0onalion of Use Tahle Slrur7urr,
TABLE 5-I: USES BY DISTRICT (cont.)
C.rly of /Monticello Zoning Ordinance Page 317
.-base Zoning Districts
Permitted
..
Additional
Permitted •
"' "
Residential Uses
5.2(C)(1)
Attached Dwelling Types
5.2 C 2 a
- Duplex
p
C
v!
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
P
P
p
P
p
Facility, Single Family
5.2(C)(3)
Group Residential
Facility, Multi -Family
C
C
C
5.2(C)(3)
Mobile & Manufactured
Home / Home Park
I
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
pp
p
p
None
Active Park Facilities
P
P
P
P
P
P
P
(private)
I
5.2(D)(1)
Assisted Living Facilities
C
P
C
5.2 D 2
Cemeteries
C
C
C
CTC
C
C
S.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
.a
�
Hospitals
C
P
P
C
5.2(D)(4)
Home Nursing/Convalescent
C
C
C
C
C
C
C
C
C
P
P
5.2(D)(5)
Passenger Terminal
C
C
C
None
Passive Parks and Open
4PF
Space
P
P
PTPP
P
P
P
P
P
P
P
P
None
Public Buildings or Uses
C
C
C
C
C
C
C
P
C I
C
P
P
C
P
p
5.2(D)(6)
Schools, K-12
C
C
C
C
C
+f4
-C
5.2(Dl(7)
Schools, Higher
I
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
C.rly of /Monticello Zoning Ordinance Page 317
F
CHAPTERS: USE STANDARDS
Section 5.2 Usc-Specific Standards
Subsection (C) 1iegulations for kesidentiol Uses
(c) All applicable requirements of the State Pollution Control Agency are
complied with.
(C) Regulations for Residential Uses
(1) General Regulations for All Dwellings
Page 324
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
(327.31-327.30
City of Monticello Zoning Ordinance
CHAPTERS: USE STANDARDS
Section _5.2 Use -Specific Standards
Subsection (C) Regulations for Residential Uses
Efficiency Apartment [2] I na na na 440 sq ft
One Bedroom ^ jT 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]r_ !1050 sq ft—1050 sq ft 1000 sq ft 1 1000 sq ft
— 1 — -- -- ---- - L_---- ft --------- sq ft
[I]: 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 anDlicable
(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.
City of Monticello Zonings Ordinoncc Page 325
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
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).
City of Monticello toning Ordinonce Page 433
9
CHAPTERS: RULES & DEFINITIONS
Section 8.4 Definitions
Subscuion (B) Lots
FINISHING STANDARD: Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings. The term "finishing standard" shall be
synonymous with "performance standard."
FLAG: Any fabric or similar lightweight material attached at one end of the material, usually
to a staff or pole, so as to allow movement of the material by atmospheric changes and which
contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or
lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of
Monticello.
FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake, or watercourse
which have been or hereafter may be covered by the regional flood.
FLOOD PROFILE: A graph or a longitudinal plot of water surface elevations of a flood event
along a reach of a stream or river.
FLOOD -PROOFING: A combination of structural provisions, changes, or adjustment to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
FLOODWAY: The bed of wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge.
FLOOR AREA [see section 8.2(B)(4)1
FLOOR AREA - FININSHABLE: Area within a building—exclusive of mechanical, garage,
or unfinished storage space—that could meet all requirements of "finished floor area" after
improvements are completed.
City of Monticello Zoning Ordinance Page 437
CHAPTERS: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
FLOOR AREA - FINISHED: To qualify as finished floor area, the space shall be at or above
the finished exterior grade, or in the case of lower levels, no less than 42 inches below such
grade; must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor
covering; a ceiling and walls covered with gypsum board, plaster, or wood which is stained,
painted or covered with other residential wall/ceiling covering prior to occupancy. Basements
that are neither "look out" or "walk out" levels may be finished, but shall not be counted
towards a minimum finished square footage calculation.
FOREST LAND CONVERSION: The clear cutting of forested lands to prepare for a new
land use other than reestablishment of a subsequent forest stand.
FREEWAY CORRIDOR (SIGN) AREA: A special signing area encompassing land located
within eight hundred (800) feet either side (north or south) of the centerline of Interstate 94, in
addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas
Road, East of Sandberg Road, and West of Cedar Street as shown on the City's official
Freeway Bonus Sign District Map.
FUNERAL SERVICES: An establishment that provides human funeral services, including
embalming and memorial services. Crematories are accessory uses to a funeral home.
GARAGE: An attached or detached accessory structure for the purpose of parking vehicles.
GARAGE SALE: The sale of miscellaneous used items commonly associated with residential
use. Garage sales shall not be for the sale of primarily a single commodity. The term "garage
sale" includes "sidewalk sale," "yard sale," "basement sale," and "estate sale."
GENERAL WAREHOUSING: Structures used for the storage or distribution of goods where
there is no sale of items to retailers or the general public unless permitted as an accessory use
to the warehouse.
GRADING: Excavation or fill of material, including the resulting conditions thereof.
GRADING, DRAINAGE AND EROSION CONTROL PERMIT: A permit issued by the
municipality for the construction or alteration of the ground and for the improvements and
structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading
Permit".
Page 438 City of Monticello Zoning Ordinonce
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection 0 1_ois
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.
City of Monticello Zoning Ordinonce Page 461
l it
The future vision for Monticello provides the foundation for the
Comprehensive Plan (the vision statement appears in Chapter 1). The
Land Use Plan, in turn, provides the framework for how land will be used
to help achieve the future vision for Monticello. The Land Use Plan seeks
to reinforce desirable land use patterns, identify places where change is
needed and guide the form and location of future growth.
The Land Use Plan for Monticello was shaped by a variety of factors,
including.-
0,
ncluding:
► Community input gathered through public workshops and Task Force
discussions.
The existing built and natural environment in Monticello.
The vision for Monticello's future.
P Factors described in the Community Context chapter of the Plan.
Systems plans for transportation, sanitary sewer and water supply.
This represents a departure in form from the 1996 Comprehensive Plan.
The 1996 Plan included the land use plan as part of a broader Development
Framework section. The 1996 Plan described Monticello's land use
plan by general district of the community as a means of attending to the
unique issues in each district. The 2008 Update of the Comprehensive
Plan establishes a separate land use chapter consisting of the following
components:
► A section on Future Growth describes the implications of future
resident growth and the amount of growth anticipated by the Plan.
► The Land Use Pl Man (see Figure 3-2) shows the land uses assigned
to each parcel of land.
► Land Use Use Ca�r'ps further explain the Land Use Plan by describing
the land uses depicted in the Map. This section includes land use
policies describe the objectives that Monticello seeks to achieve
through the implementation of the Land Use Plan and the supporting
elements of the Comprehensive Plan.
► Focus Areas provide a more detailed discussion of characteristics,
goals and policies for key areas of the community.
2009 Comprehensive Plan Land Use 1 3-1
Future Growth
In looking to the future, Monticello must not just
consider the qualities of the future community, but also
the nature of growth. Assumptions about the amount
and pace of future growth are important parts of the
foundation for the Comprehensive Plan. Growth has
several important implications for the Comprehensive
Plan.
► Growth projections are used to plan for the capacity
of municipal utility systems.
► Growth projections are used to create and manage
finance plans for capital improvements.
► The school system uses growth projections to
forecast enrollments and to plan for programs and
facilities.
Market studies use growth projections to analyze
the potential for locating or expanding businesses
in Monticello.
► The characteristics of growth influence the amount
of land needed to support this development.
► Growth adds trips to the local street system.
► Assumptions about growth influence the
policies and actions needed to implement the
Comprehensive Plan.
For these reasons, it Is essential that the Comprehensive
Plan state assumptions of the nature of future growth. A
challenge in forecasting future residential development
is that the Comprehensive Plan influences, but does not
control, the factors that determine where people live.
These factors include:
► Quality of life.
► Access to employment.
► Availability of desired housing and neighborhood
options.
► Affordability.
► Competition from other places in the region.
Given these uncertainties, the Comprehensive Plan
seeks a balance between optimism and prudence.
For many reasons, the Plan should not significantly
understate the growth potential of Monticello. The
balancing force lies with the implications of assuming
Figure 3-1: Growth Trends and Projections
300
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a7
more growth than is reasonable. The chart in Figure
3-1 shows the projection of future residential growth
assumed in the Comprehensive Plan.
The projections assumes that the rate of growth slowly
rises over the next five years and continues at a level
of 150 units per year from 2012 to 2020. This amount
falls below the 229 units/year average for 2001 through
2005. This rate of growth is intended to reflect several
factors. Monticello will remain a desirable place to
live, attracting both builders and residents. Housing
market conditions will improve from the weaknesses
experienced in 2006 and 2007. A combination
of market conditions, local policy objectives, and
changing demographics may reduce the potential for
achieving and sustaining higher rates of residential
growth Slower future growth reflects the belief that
achieving the objectives of the Comprehensive Plan, in
particular seeking more move up housing, will result
in less development than in previous years.
Growth Polkles
1. The Citywill consistentlyreview recent development
trends and update growth projections to serve as a
basis for public and private planning.
2. Over the life of this Comprehensive Plan, growth
will occur within the boundaries of the current
municipal boundaries and the Orderly Annexation
Area.
3. Future development should be guided to locations
that utilize existing infrastructure and locations
3-2 1 Land Use City of Monticello
ISO no is. ,S, ,6, W 1661
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more growth than is reasonable. The chart in Figure
3-1 shows the projection of future residential growth
assumed in the Comprehensive Plan.
The projections assumes that the rate of growth slowly
rises over the next five years and continues at a level
of 150 units per year from 2012 to 2020. This amount
falls below the 229 units/year average for 2001 through
2005. This rate of growth is intended to reflect several
factors. Monticello will remain a desirable place to
live, attracting both builders and residents. Housing
market conditions will improve from the weaknesses
experienced in 2006 and 2007. A combination
of market conditions, local policy objectives, and
changing demographics may reduce the potential for
achieving and sustaining higher rates of residential
growth Slower future growth reflects the belief that
achieving the objectives of the Comprehensive Plan, in
particular seeking more move up housing, will result
in less development than in previous years.
Growth Polkles
1. The Citywill consistentlyreview recent development
trends and update growth projections to serve as a
basis for public and private planning.
2. Over the life of this Comprehensive Plan, growth
will occur within the boundaries of the current
municipal boundaries and the Orderly Annexation
Area.
3. Future development should be guided to locations
that utilize existing infrastructure and locations
3-2 1 Land Use City of Monticello
that facilitate the construction of street and
utility systems that meet the objectives of the
Comprehensive Plan;
4. The Comprehensive Plan does not anticipate
action by Monticello to annex or extend utility
systems to property immediately north of the
Mississippi River. Development in this area will
place additional traffic on STH 25 (particularly
in the Downtown area) and channel investment
away from other parts of the City, especially the
Downtown.
Land Use Plan Map
The Land Use Plan Map (shown in Figure 3-2) shows tate
desired land use for all property in Monticello and the
Orderly Annexation Area The land use plan depicted
in this map builds on the previous community planning
in Monticello.
The Comprehensive Plan uses the Land Use Plan to
define the broad land use patterns in Monticello. The
Land Use Plan seeks to:
an effective land use management tool requires a
definition of each land use. These definitions provide
a common understanding of the basic characteristics
of each category used in the Land Use Plan.
The 1996 Plan relies on three basic categories of private
land use: residential, commercial and industrial.
Each of these categories is further divided into
subcategories that distinguish between the character,
type and intensity of development desired in different
locations.
The 2008 update of the Comprehensive Plan uses a
different approach to achieve similar land use patterns.
The Land Use Plan map depicts series of "places" for
private development: Places to Live, Places to Shop,
Places to Work, and Downtown. This approach is based
nn the following rationale:
► These broad categories more clearly illustrate the
pattern of development and the plan for future
growth.
► Although residential land uses vary by type and
density, they share many public objectives.
► Organize the community in a sustainable 10 -
manner. manner.
► Make efficient use of municipal utility systems
and facilitate the orderly and financially feasible
expansion of these systems.
I► Provide the capacity for the type of growth desired
by the community.
The Land Use Plan Map is only one piece of the land
use plan for Monticello. The other parts of the Land
Use chapter of the Comprehensive Plan work with this
map to explain the intent and objectives for future land
use. Further, this map lays the foundation for land use
controls that are used by the City to implement the
Comprehensive Plan.
Land Use Categories
The Land Use Pian Map uses a set of specific categories
to guide land use in Monticello. One element missing
from the 1996 Comprehensive Plan was a description
of the land use categories shown in the Land Use
Plan. The ability to use the Comprehensive Plan as
This approach makes a more enduring
comprehensive plan. The Plan can guide an area
for the appropriate land use without the need
to predict future community needs and market
forces.
► The Plan relies on policies, land use regulations,
performance standards and public actions to
provide a more detailed guide for land use and
development. This approach conveys more
flexibility and control to the City Council and the
Planning Commission.
Roleof7mmg Regulations
Zoning regulations play a critical role in implementing land use plans in
Monticello. StateiawgwestomngregulimonsprantyovertheComprehensive
Plan. Ifland uses are dft%mnmg regulations control theuse of land
Zoning regulations are particularly important in the application of the land
use Categories m the Monticello Comprehensive Plan the 16ces tor land
use "Ones set forth a broad and fieol* land use pattern for Monticello
Zoning regulations (and other land use controls) will be used todeterrninethe
appropriate location for each form of development and other regulations on
the use of land, consistent with policies of the Comprehoisive Plan
2008 Comprehensive Plan — Updated 2014 Land Use 1 3-3'
Hgta►e3 2: Land Use Plan Map
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3-4 1 Land Use City of Monticello
Figure 3-3. Land Use Plan - Places to Live
The remainder of this section describes the categories
used in the Comprehensive Plan in greater detail.
Places to Live
The Comprehensive Plan seeks to create and sustain
quality places for people to live in Monticello (see Figure
3-3). This category designates areas where housing is
the primary use of land. The emphasis behind Places to
Live is to help ensure that Monticello offers a full range
of housing choices, while preserving and enhancing the
quality of neighborhoods. Although a single land use
category, Places to Live does not suggest housing is a
homogenous commodity or that any type of housing is
desirable or allowed In any location.
1008 Comprehensive Plan - Updated 2014
When someone says "house" the most common image
is a single family detached dwelling. This housing style
is characterized by several features. There is a one-to-
one relationship between house and parcel of land - the
housing unit is located on a single parcel. The house is
not physically attached to another housing unit. The
housing is designed for occupancy by a single family
unit. The typical neighborhood in Monticello is made
UP exclusively of single family detached homes.
The primary variables become the design of the
subdivision, the size of the lot and the size and style of
the dwelling. Many older neighborhoods in Monticello
(north of Interstate 94) were built on a traditional grid
street system. Over the past thirty years, development
patterns have moved to a new suburban curvilinear
Land Use 1 3-3
pattern, characterized by curvilinear street layout with
the use of cul-de-sacs.
A variety of factors, including consumer preference
and housing cost, have increased the construction
of attached housing in recent years. Duplexes, twin
homes, quads and townhomes are common examples
of this housing style. Although the specific form
changes, there are several common characteristics.
Each housing unit is designed for occupancy by a single
family. The housing units are physically attached to
each other in a horizontal orientation.
Places to Live will include some neighborhoods
designed to offer a mixture of housing types and
densities. Mixed residential neighborhoods create a
pattern that combines single-family detached housing
with a mixture of attached housing types. Using
good design and planning, these mixed residential
neighborhoods can achieve a higher density without
compromising the overall integrity of the low-density
residential pattern.
This integration strengthens neighborhoods by
increasing housing choice and affordability beyond what
is possible by today's rules and regulations. It also avoids
large and separate concentrations of attached housing.
It enhances opportunities to organize development in
a manner that preserves natural features.
A complete housing stock includes higher density
residential areas that consist of multi -family housing
types such as apartments and condominiums. In the
near term, the Comprehensive Plan does not anticipate
expanding the existing supply of higher density housing.
It is likely that Monticello will need additional higher
density housing to:
► Provide housing suited to the needs of an aging
population.
► Facilitate redevelopment in the Downtown or in
other appropriate locations of the community.
► Provide housing needed to attract the work force
required to achieve economic development goals
of the City.
Higher density residential land uses should be located
and designed to be compatible with nearby residential
or mixed uses, on lots able to accommodate larger
buildings and added traffic generation. In addition,
siting factors for high density residential uses will
prioritize access to services and amenities including
public utilities, parks, trails and open space, and
commercial and/or medical services. It will be
important, when considering potential designation
of high density housing development, that the parcels
meet the specific standards of the zoning district, and
such development can be accommodated in accordance
with the policies in this Plan.
While these comments and the comments in the zoning
ordinance are intended to be instructive they are not
necessarily the only factors that might come into play
on specific properties.
Policies - Places to Live
The Comprehensive Plan seeks to achieve the following
objectives for residential land use in Monticello:
1. Provide a range of housing choices that fit all stages
of a person's life -cycle (see below).
2. Support development in areas that best matches the
overall objectives of the Comprehensive Plan.
3. Develop quality neighborhoods that create a
sense of connection to the community and Inspire
sustained investment. The Comprehensive
Plan seeks to maintain the quality and integrity
of existing neighborhoods by encouraging the
maintenance of property and reinvestment into
the existing housing stock. Changes in housing
type should be allowed only to facilitate necessary
redevelopment.
4. Create neighborhoods that allow residents to
maintain a connection to the natural environment
and open spaces.
S. Seek quality over quantity in residential growth.
Achieving the objectives for quality housing and
neighborhoods may reduce the overall rate of
growth.
6. Reserve areas with high amenities for "move up"
housing as desired in the vision statement. These
amenities may include forested areas, wetland
complexes, adjacency to parks and greenways.
Some of the City's policy objectives require further
explanation.
3-6 1 Land Use City of Monticello
Figure 3-4. We Cyde ofHousing Supply
Life Cycle Housing
Housing is not a simple "one size fits all" commodity.
Monticello's housing stock varies by type, age, style
and price. The Community Context chapter of the
Comprehensive Plan describes the characteristics of
the housing stock based on the 2000 Census and recent
building permit trends.
The concept of life cycle housing recognizes that
housing needs change over the course of a person's life
(see Figure 3-4). Young adults may not have the income
capacity to own the typical single family home. This
segment of the population often seeks rental housing.
Families move through different sizes, styles and prices
ofhousing as family size and income changes overtime.
With aging, people may desire smaller homes with
less maintenance. Eventually, the elderly transition
to housing associated with options for direct care. As
noted in the Vision Statement, Monticello's population
will continue to become more diverse. This diversity
will be seen in age, race, culture and wealth. These
factors will influence the housing needs of Monticello.
The Comprehensive Plan recognizes these differences
and seeks to create a balanced housing supply that
encourages people to move to and stay in Monticello.
This balance may not be achieved solely by market
forces guided by this Land Use Plan. Actions by the
City may be needed to promote the creation of housing
in underserved -segments of the market.
Neighborhood Design
A priority for the community is diversification of the
housing stock by providing more "move up" housing
In this context, the term "move up" housing refers to
larger homes with more amenities in structure and
setting. This type of housing may not be exclusively
single-family detached or low density. Attached forms
of housing with medium or high densities may meet
the objectives for move up housing in the appropriate
locations. In this way, the objectives for move up
housing and life cycle housing are compatible and
supportive
While every community wants a high quality housing
stock, this issue has particular importance in Monticello.
It is a key to retaining population. Without a broader
2008 Comprehensive Plan — Updated 2014 Land Use 13-7
variety of housing options, families may encouraged to
leave Monticello to meet their need for a larger home.
It is a factor in economic development. One facet of
attracting and retaining professional jobs is to provide
desirable housing alternatives.
It must be recognized that creating move up housing
requires more than policies in the Comprehensive Plan.
The Comprehensive Plan provides a guide for achieving
the desired results. The desired outcomes require
private investment. This investment occurs when
demand exists or the City can provide an incentive to
attract investment.
Part of attracting move up housing comes from
creating great neighborhoods — places that will attract
and sustain the housing options sought by the City.
Neighborhoods are the building block of Places to Live
in Monticello. The goal of the Comprehensive Plan is
to create and maintain attractive, safe and functional
neighborhoods. The following policies help to achieve
this objective:
1. Neighborhoods should incorporate the natural
characteristics of the setting. Trees, terrain,
drainageways, and other natural features provide
character to neighborhoods.
2. Housing should be oriented to the local street,
minimizing access and noise conflictswith collector
streets.
3. The City will use public improvements to enhance
the appearance and character of a neighborhood.
Some examples of improvements that define an
area include streets with curb and gutter, trees in
the public boulevard, street lighting systems, and
storm water ponding.
4. Sidewalks, trails, and bikeways will connect the
neighborhood to other parts of the community.
S. Every neighborhood should have reasonable access
to a public park as a place for residents to gather
and play.
All of these elements work together to create a desirable
and sustainable place to live.
Figure 3-5. Relationship Between Development and
Natural Features - Parkway
Figure 3-6: Relationship Between Development and
Natural Features - Trail Corridor
1 1141 -It.
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i
Balancing the Built and Natural Environments
The natural amenities of the growth areas (west and
south) in Monticello should serve as a catalyst for
residential development. The Bertram Chain of Lakes
Regional Park offers the dual assets of natural features
and recreational opportunities. Lakes, wetlands and
other natural amenities exist throughout the orderly
annexation area.
Studies have shown that parks and open space have a
positive economic effect on adjacent development. An
article published by the National Park and Recreation
Association states that "recent analyses suggest that
open spaces may have substantial positive impacts
on surrounding property values and hence, the
3-8 1 Land Use City of Monticello
Figure 3-7. Example of Conservation Design Development
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property tax base, providing open space advocates
with convincing arguments in favor of open space
designation and preservation." Balancing the built and
natural environments should provide a catalyst to the
types of development desired by the City and in the
expansion of the property tax base. -
In attempting to meet residential development
objectives, the City should not lose sight of long-term
public benefit from access to these same natural areas.
The original development of Monticello provides an
excellent illustration. The majority of the riverfront
in Monticello is controlled by private property. Public
access to the River comes at points provided by public
parks.
A well known example of balancing public use with
private development is the Minneapolis chain of lakes
and Minnehaha Creek. Public streets (parkways)
and trails separate neighborhoods from the natural
features, preserving public use and access. These
neighborhoods are some of the most desirable in the
region, demonstrating that public use and private
benefit are not mutually exclusive.
The figures on the previous page show two options for
integrating housing, natural features and public use.
Figure 3-5 is the parkway concept. An attractive street
forms the edge between the park (or natural area) and
the housing. A multi -use trail follows the street while
homes face the street and draw on the attractiveness of
both the parkway and the natural amenities.
The alternative is to use a trail corridor to provide public
access to these areas (see Figure 3-6). The trail follows
the edge of the natural area. Access to the trail between
lots should come at reasonable intervals.
There are a variety of real world examples of how
Minnesota cities have used conservation design
strategies to promote high quality development and
2008 Comprehensive Plan — Updated 2014 land Use 13-9
Monticello Zoning Code Steering Committee
Meeting #6, 2-3-10
Minutes
2-3-10 Steering Committee Meeting Minutes
In Attendance: Chairman Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, Bill Spartz,
Barry Voight, Susie Wojchouski, Glen Posusta
Staff: Angela Schumann, building guy
Absent: xxx
1) Call to Order.
The meeting was called to order at 5:35 p.m.
2) Review DISTRICTS & USES DRAFT #2
Gozola began the meeting by providing the committee with Draft #2 of the
Districts & Uses element. He explained that nearly all sections had been updated
since the previous draft except for temporary uses, and the current exclusion of
the PRZ/PZM and P -S districts.
Discussion started by discussing the need for the P -S district. Gozola explained
that if the City wants such a district, it should be specialized and different from
the other districts. As currently crafted, the P -S district allows for many similar
uses in other districts and requires more stringent standards that found in even
residential districts. His recommendation was to either shift all uses into other
zoning districts (which would ease future land use transitions) or limit P -S uses to
things like hospitals, churches, schools, parks, etc. (which would essentially lock
said parcels into a public use until such time that the comp plan and zoning were
changed). The committee did not know why current P -S standards were more
restrictive than found in residential areas, and agreed that P -S uses should simply
be shifted into other existing zoning districts.
Gozola then introduced the updated and completed Uses Table, and led a
discussion on the proposed "agricultural" uses. The committee liked the proposed
uses, and agreed to keep in the new provisions governing community gardens
with their addition to the CCD district.
Next, the residential uses were discussed. Of biggest concern to the committee
was raising the minimum floor area levels for different unit types. Gozola
indicated he would do some additional research and would update the numbers to
increase the minimum floor areas and will eliminate the link to the number of
bedrooms. Moving on, the committee wanted to keep the existing requirement
that multi -family structures with more than two buildings or more than 10 units
I of 2
Monticello Zoning Code Steering Committee
Meeting#6; 2-3-10
Minutes
would need a CUP, and provided suggested edits to Duplex and Townhome
requirements.
Gozola then explained how different sections of code established different
requirements for the same uses seemingly without justification. Examples
included provisions on senior housing, K-12 schools, and churches. The
committee commented on each of the conflicting sets of provisions, identified
those that should be eliminated (if any), and directed staff to combine the
requirements and make them consistent for the entire city unless there was a
specific reason to deviate in a certain zoning district. With regards to Churches,
staff suggested that they be conditionally permitted in industrial areas in response
to a request from the public. The committee strongly disagreed as they did not
want limited industrial lands to be used for churches, and felt they could locate in
other areas of the city. Staff agreed to not include the use in industrial areas.
Gozola gave an overview of state statute requirements regarding mobile homes,
and explained that regulations were needed to govern new mobile home parks as
such must be permitted in some manner within districts allowing for multi -family
housing. The committee agreed with the proposed new regulations, and asked
that an additional requirement for storm shelters be created. Discussion also
included a review of standards applicable to all dwelling units within the city
which would apply to manufactured housing.
On the issue of cemeteries, the committee asked that a restrictive buffer of mile
be created around the interstate to prohibit such a use with the idea that future
interchange locations needed to be protected. And finally on office uses, the
committee wanted existing limitations on office hours in the B-1 district
eliminated.
3) Adjournment
The meeting adjourned at 7:15 p.m.
2 of 2
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Planning Commission Agenda – 8/04/2015
1
2B. Public Hearing – Consideration of a Map Amendment for Rezoning from B-3
(Highway Business) District to B-2 (Limited Business) District, and Zoning Text
Amendment within the B-3 (Highway Business) District to allow Places of Public
Assembly as a permitted or conditional use. Applicant: Quarry Community Church
(NAC)
Property: Legal: Lot 1, Block 1, Gould Addition, Monticello
Address: 3939 Chelsea Road West
Planning Case Number: 2015-030/ ZQCSRZ
A. REFERENCE & BACKGROUND
Request(s): Map Amendment for Rezoning from B-3 to B-2, or
Zoning Text Amendment the B-3 District to add Places
of Public Assembly to the list of potential uses.
Deadline for Decision: August 29, 2015
Land Use Designation: Places to Shop
Zoning Designation: B-3, Highway Business
Overlays/Environmental
Regulations Applicable: NA
Current Site Use: Office; Warehouse
Surrounding Land Uses:
North: I-94
East: Automotive Service (Zoned B-3)
South: Vacant Commercial (Zoned B-3)
West: Automotive Dealership (Zoned B-3)
Project Description and Background:
Quarry Church is seeking to locate their church operations and facilities to the
property at 3939 Chelsea Road. The property was initially developed and operated as
an automobile dealership. Operations for Cornerstone Chevrolet, the most recent
automotive facility, were moved to the corner of Chelsea and Highway 25, and the
property in question was vacated. For the past several months, other uses have
occasionally occupied the property, including general warehousing.
Planning Commission Agenda – 8/04/2015
2
In 2014, the City approved an interim ordinance accommodating temporary
occupancy of the structure as a “Place of Public Assembly”, in that case to
accommodate a church facility for another congregation. Since the B-3 zoning
district does not permit churches or similar assembly uses, the interim ordinance
allowed a temporary church use while the City studied the concept of making more
permanent changes to its zoning ordinance. The Zoning Ordinance defines Places of
Public Assembly as follows:
PLACE OF PUBLIC ASSEMBLY: An institution or facility that
congregations of people regularly attend to participate in or hold
meetings, workshops, lectures, civic activities, religious services, and
other similar activities, including buildings in which such functions
and activities are held.
After reviewing the options, the City ultimately decided that the B-3 District was
designed specifically to encourage automotive or highway business uses, and
declined at that time to make permanent ordinance changes. The interim ordinance
expired, and the temporary church occupancy was moved from the subject property.
The current request seeks one of two alternative actions from the City to reconsider a
church use of the subject property. One option would be to rezone the property from
B-3, Highway Business, to B-2, Limited Business District. The public assembly use
is permitted in the B-2 district. Places of public assembly are also conditionally
allowed in most of the City’s residential districts. The use is not allowed in the B-3
(or B-4) districts. It is also allowed in the CCD by Conditional Use Permit.
The alternative option sought by the applicants would be a text amendment to the
language of the B-3 District adding Places of Public Assembly as an allowed use in
the district. It is staff’s understanding that the applicants would prefer that the use be
“Permitted” rather than “Conditional”.
ANALYSIS
As noted, Places of Public Assembly are allowed in certain areas of the city, with the
following applicable standards, regardless of location or zoning district:
1. Institutions on parcels exceeding 20,000 square feet in area shall be
located with direct frontage on, and access to, a collector or arterial
street.
2. The buildings are set back from adjoining residential districts a
distance no less than double the adjoining residential setback.
3. When abutting a residential use in a residential use district, the
property shall be screened with an aesthetic buffer (Table 4-2, Buffer
Type “B”) in accordance with section 4.1(G) of the Ordinance.
Planning Commission Agenda – 8/04/2015
3
4. Adequate off-street parking and access is provided on the site or on
lots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 4.8 of this ordinance and that
such parking is adequately screened and landscaped from surrounding
and abutting residential uses in compliance with Section 4.1(F) of the
Ordinance.
5. Adequate off-street loading and service entrances are considered and
satisfactorily provided.
The B-2 District includes the following purpose statement:
The purpose of the “B-2” limited business district is to provide for low
intensity retail or service outlets which deal directly with the customer
for whom the goods or services are furnished. The uses allowed in this
district are to provide goods and services on a limited community
market scale and located in areas which are well served by collector or
arterial street facilities at the edge of residential districts.
Typical uses in the B-2 District include clinics, hospitals, public buildings and uses,
offices, commercial daycare (by CUP), retail sales, financial institutions, personal and
other retail services, restaurants, and vehicle fuel sales (by CUP).
The B-3 District includes the following purpose statement:
The purpose of the “B-3” (Highway Business) district is to provide for
limited commercial and service activities and provide for and limit the
establishment of motor vehicle oriented or dependent commercial and
service activities.
Typical uses in the B-3 District include auto repair, auto and other vehicle sales and
service, car washes, business services, commercial lodging, convenience retail,
outdoor entertainment/recreation, financial institutions (CUP), offices (by CUP),
personal services, restaurants, and vehicle fuel sales (by CUP).
The B-3 District does not include the medical and other semi-public uses common to
the B-2, and directs that various retail activities are more likely to be allowed only by
CUP, rather than permitted use. Moreover, the B-3 includes the City’s automobile-
oriented business uses, and is intended to accommodate those uses most likely to be
needed by travelers, such as lodging and fuel sales.
Option 1. Map Amendment for Rezoning to B-2 District.
To rezone the property, one of the primary considerations is how the change in use
would be consistent with existing and future surrounding land uses. This consistency
issue was one of the primary concerns that led the City to decide against a similar
Planning Commission Agenda – 8/04/2015
4
rezoning request in 2014. The lands to the east and west of the proposed site are both
zoned B-3, and include vehicle services and sales (both automotive and recreational
vehicles to the west, auto services to the east).
Although both the B-3 and B-2 districts are commercial districts, and consistent with
the Comprehensive Plan designation for “Places to Shop”, rezoning of the subject site
would create a concern over “spot zoning” in terms of incompatibility with the
surrounding land use pattern.
The Monticello Zoning Ordinance also provides criteria for the evaluation of
amendments to the zoning map and ordinance as follows.
(a) Whether the proposed amendment corrects an error in the original text or map;
or
(b) Whether the proposed amendment addresses needs arising from a changing
condition, trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the comprehensive plan.
In this case, the proposed amendment is not proposed to correct a map or text error.
As previously noted, the subject site is located between land zoned B-3 to the east and
west, and surrounded by existing automotive uses. These uses are consistent with the
purpose of the B-3 District and therefore no changed condition exists in the
surrounding area.
Further, in relationship to the Comprehensive Plan, the Comprehensive Plan classifies
the subject site and surrounding area as “Places to Shop”, a category which presumes
that the primary land use activity would be commercial retail sales or services.
Institutional uses, including places of assembly such as the applicant in this case, are
identified in the Comprehensive Plan with the “Places for Community” land use
category.
The Land Use Plan, as included in the City’s 2008 Comprehensive Plan, depicts
series of “places” for private development. These include “Places to Live”, “Places
to Shop”, “Places to Work”, and “Downtown.” A “place of public assembly” is a
unique use in that it is not necessarily a place to live, shop or work.
The Comprehensive Plan does however, make reference to “Places for Community”
which appears to include “places of public assembly” from a land use perspective.
According to the Plan, “Places for Community” include public and semi-public land
uses. Public uses include all governmental facilities and schools. The “Places for
Community” category also includes churches, cemeteries, hospitals and other
institutional uses.
Planning Commission Agenda – 8/04/2015
5
To be noted is that the Comprehensive Plan does not guide the location of new
churches, schools, public buildings and other institutional uses. The Plan also notes
that new institutional uses should be allowed in residential areas under certain
conditions. In this regard, aspects of proposed institutional uses related to the
following must be considered:
Size/scale of development in relation to the surrounding neighborhood.
Parking impacts upon surrounding residential areas.
Traffic impacts.
Lighting and signage should be compatible with surrounding
residential areas.
Option 2. Zoning Text Amendment to B-3 District, adding Places of Public
Assembly.
The applicants have also requested that the City consider amending the B-3 District to
add Places of Public Assembly as an allowable use, retaining the B-3 designation for
the subject property. In this manner, the City would keep the B-3 label, consistent
with the adjoining properties in the area, but include churches or similar uses to the
list of potential uses on properties with this designation.
To adopt such an amendment, the City would be making a finding that the proposed
use would be an acceptable use within the district, consistent or compatible with other
uses that are zoned B-3. The primary issue with these types of amendment requests is
usually that the district encompasses a specific purpose on a wide variety of parcels or
locations, and that there is a presumption that the proposed use would fit well within
the district on those other sites.
The B-3 District encompasses a significant amount of property along Highway 25,
south of I-94. This land has long been envisioned to serve as the primary commercial
growth area for the City. This type of amendment would raise issues as to the supply
of that type of land, particularly for land uses that rely on automobile-oriented sales
or service.
As noted above, the City has taken care to create a specific role for the B-3 District in
planning for land use and commercial development, limiting the types of uses that are
allowed in the district, and applying the district to those areas that have the qualities
demanded by the district’s purpose statement. The district specifically excludes
several uses that are allowed in the B-2 or B-4 commercial districts, and includes
several uses that are not allowed in the B-2 or B-4 areas.
Of potential concern in these circumstances is the application of the Religious Land
Use and Institutionalized Persons Act, a 2000 Federal law that arguably requires
government to provide accommodation to religious groups in land use cases.
RLUIPA, as it is commonly referred to, prohibits local governments from imposing
Planning Commission Agenda – 8/04/2015
6
land use regulations that impose a substantial burden on the religious group or use
unless there are compelling reasons.
Religious landowners have filed RLUIPA claims in challenging local government
land use decisions. Whether the law requires a preference for religious uses, or
simply provides a means to challenge local rules that impose a substantial burden
may be debatable, but the law definitely conveys some type of special right to
religious institutions. In Minnesota, there have been several recent RLUIPA cases
that have received extensive media coverage. While only a few have led to the active
involvement of the Department of Justice, all have resulted in negotiated settlements
that have allowed the religious use proposed to proceed in some fashion. Amending
the City’s regulations to allow the proposed use under conditions would reduce the
chance of litigation.
If the City believes that accommodation to the proposed church use on the site in
question is reasonable and acceptable, one option may be to consider an amendment
to the B-3 District adding Places of Public Assembly by CUP. As identified
previously, the CCD makes a similar accommodation. In this way, the City could
consider specific conditions under which the use might be acceptable in the District,
providing a path to approval of such a use, but with the ability to define the
circumstances under which a permit would be approved. In this way, site-specific
issues could be addressed that would mitigate incompatibility concerns on any
individual request.
At this point, these considerations have not been identified in detail. The applicants
have requested the alternative zoning approaches, but the City rejected a companion
Conditional Use Permit and Site Plan Review request as incomplete, due to a lack of
site information as part of the application.
With direction from the Planning Commission, staff would work with the applicants
and the City’s legal counsel to develop ordinance language reflecting a Conditional
Use approach in the B-3 District.
B. ALTERNATIVE ACTIONS
Decision 1:
MAP AMENDMENT FOR REZONING FROM B-3, HIGHWAY BUSINESS
TO B-2, LIMITED BUSINESS:
1. Motion to adopt Resolution No. PC-2015-011 recommending approval of the map
amendment for rezoning from B-3 (Highway Business) to B-2 (Limited
Business), based on findings in said resolution for approval.
Planning Commission Agenda – 8/04/2015
7
2. Motion to deny adoption of Resolution No. PC-2015-011 recommending the map
amendment for rezoning from B-3 (Highway Business) to B-2 (Limited
Business), based on findings in said resolution for denial.
Decision 2:
ZONING TEXT AMENDMENT TO THE B-3, HIGHWAY BUSINESS
DISTRICT ADDING PLACES OF PUBLIC ASSEMBLY TO THE LIST OF
ALLOWABLE USES:
1. Motion to adopt Resolution No. PC-2015-012 recommending approval of the
zoning text amendment adding places of public assembly as a permitted uses in
the B-3 listing of allowable principal uses, based on findings in said resolution for
approval.
2. Motion to deny adoption of Resolution No. PC-2015-012 recommending the
zoning text amendment adding places of public assembly as a permitted uses in
the B-3 listing of allowable principal uses, based on finding in said resolution for
denial.
3. Motion to table action on Resolution No. PC-2015-012, subject to additional
information related to potential conditions related to the use and/or site in
question.
C. STAFF RECOMMENDATION
As discussed, the application before the Commission at this time is a request to make
necessary zoning changes to accommodate a Place of Public Assembly on property
currently zoned B-3, Highway Business. There are two alternative ways to
accommodate this idea – rezone to B-2, Limited Business, where public assembly is a
permitted use, or amend the B-3 District text to add places of public assembly. The
Planning Commission must take action on both requests (including action to table, if
desired).
Staff does not support the rezoning request to B-2. As noted in the report, the District
change would be inconsistent with the zoning designations on the adjoining
properties. Those parcels are being used in a way that are currently consistent with
the focused intent of the B-3 District.
If the Commission is favorable to the text amendment approach, planning staff would
recommend tabling action at this time to allow formulation of appropriate conditions
that might apply to a Conditional Use Permit in the B-3 District. Planning staff
would work with the applicant and the City Attorney’s office to develop text for an
ordinance that would allow, but regulate, this use in the Highway Business areas.
This action would require that the City extend the timeline for agency action for the
Quarry Church application from 60 days to 120 days. If the applicant wishes to do
Planning Commission Agenda – 8/04/2015
8
so, they could prepare a more complete application for a Conditional Use Permit and
process that request concurrently with the amendment.
D. SUPPORTING DATA
A. Resolution No. PC-2015-011, Recommendation to approve map amendment
for rezoning
B. Resolution No. PC-2015-011, Recommendation to deny map amendment for
rezoning
C. Resolution No. PC – 2015-012, Recommendation to approve zoning text
amendment
D. Resolution No. PC-2015-012, Recommendation to deny zoning text
amendment
E. Aerial Site Image
F. Applicant Narrative
G. Letter, Venture Bank, dated 7/29/15
H. Staff Report and Study of Places of Public Assembly, 2014
I. Planning Commission Minutes, 2014
J. City Council Minutes, 2014
K. Official Monticello Zoning Map
L. Monticello Zoning Ordinance, Excerpts:
3.5(D), B-2 (Limited Business) District
3.5(E), B-3 (Highway Business) District
5.1 - Use Table
5.2(D) - Use Specific Standards
8.4 - Definitions
M. Monticello Comprehensive Plan, Excerpts
Land Use Map
Places to Shop
Places for Community
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-011
1
Motion By: Seconded By:
RECOMMENDING APPROVAL OF A MAP AMENDMENT FOR REZONING
FROM B-3, HIGHWAY BUSINESS TO B-2, LIMITED BUSINESS
FOR THE FOLLOWING PARCEL: 3939 CHELSEA ROAD WEST
WHEREAS, the applicant seeks a rezoning for the subject property from B-3 to B-2
to accommodate a proposed occupancy of the property for a church use which is allowed as a
Place of Public Assembly in the B-2 Zoning District; and
WHEREAS,the area is guided for “Places to Shop” in the Monticello
Comprehensive Plan; and
WHEREAS,both the B-3 and B-2 zoning districts are potentially consistent with
designated land use category; and
WHEREAS,the Planning Commission held a public hearing on August 4th, 2015 on
the application and the applicant and members of the public were provided the opportunity to
present information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the
staff report, which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval:
1.The property is guided for “Places to Shop” in the Comprehensive Plan.
2.The proposed zoning district is an eligible zoning district within the land use
category.
3.The proposed uses within the B-2 District would be compatible with the existing and
future uses of land in the area.
4.The proposed use would meet the requirements of the Zoning Ordinance for Places of
Public Assembly in the B-2 District.
5.The City has adequate land areas zoned and guided for other B-3 uses to satisfy future
land demand.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-011
2
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of Monticello, Minnesota:
That the City Council should approve the rezoning of the subject property at 3939 Chelsea
Road West from B-3, Highway Business to B-2, Limited Business.
ADOPTED this 4th day of August, 2015, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Brad Fyle, Chair
ATTEST:
____________________________________________
Angela Schumann, Community Development Director
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-012
1
Motion By: Seconded By:
RECOMMENDING DENIAL OF A MAP AMENDMENT FOR REZONING FROM
B-3, HIGHWAY BUSINESS TO B-2, LIMITED BUSINESS
FOR THE FOLLOWING PARCEL: 3939 CHELSEA ROAD WEST
WHEREAS,the applicant seeks a rezoning for the subject property from B-3 to B-2
to accommodate a proposed occupancy of the property for a church use which is allowed as a
Place of Public Assembly in the B-2 Zoning District; and
WHEREAS,the area is guided for “Places to Shop” in the Monticello
Comprehensive Plan; and
WHEREAS,the surrounding properties to the east, west, and south are zoned B-3,
Highway Business; and
WHEREAS,the properties to the east and west are occupied by automotive-related
business uses, and the property to the south is vacant; and
WHEREAS,the B-3, Highway Business zoning district is a specialized zoning
district intended to provide land for business uses that serve the traveling public; and
WHEREAS,the B-2, Limited Business zoning district is intended to serve land uses
that are of a more limited, community-wide scope; and
WHEREAS,the Planning Commission held a public hearing on August 4th, 2015 on
the application and the applicant and members of the public were provided the opportunity to
present information to the Planning Commission; and
WHEREAS,the Planning Commission has considered all of the comments and the
staff report, which are incorporated by reference into the resolution; and
WHEREAS,the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval:
1.The property is guided for “Places to Shop” in the Comprehensive Plan.
2.The surrounding zoning provides for B-3 uses.
3.The proposed rezoning to B-2 would create a spot zone of potentially incompatible
land use in the midst of a B-3 area.
4.The proposed use of the property would interrupt the pattern of automotive-related
business uses that are both planned and in place in the area.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-012
2
5.The B-3 District uses represent the highest and best uses of land for the subject
property.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of Monticello, Minnesota:
That the City Council should deny the rezoning of the subject property at 3939 Chelsea Road
West from B-3, Highway Business to B-2, Limited Business.
ADOPTED this 4th day of August, 2015, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Brad Fyle, Chair
ATTEST:
___________________________________________
Angela Schumann, Community Development Director
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-012
1
Motion By: Seconded By:
RECOMMENDING APPROVAL OF A ZONING TEXT AMENDMENT TO THE
B-3, HIGHWAY BUSINESS DISTRICT ADDING “PLACES OF PUBLIC
ASSEMBLY” AS AN ALLOWABLE USE IN THE DISTRICT
WHEREAS,the applicant seeks an amendment to the B-3 Zoning District that would
add “Places of Public Assembly” as a potential use in the District; and
WHEREAS,the area is guided for “Places to Shop” in the Monticello Comprehensive
Plan; and
WHEREAS,both the B-3 zoning district is consistent with designated land use
category; and
WHEREAS,the proposed amendment would accommodate a use that would be
consistent with other existing and future land uses in the area; and
WHEREAS,the Planning Commission held a public hearing on August 4th, 2015 on the
application and the applicant and members of the public were provided the opportunity to
present information to the Planning Commission; and
WHEREAS,the Planning Commission has considered all of the comments and the staff
report, which are incorporated by reference into the resolution; and
WHEREAS,the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval:
1.The property is guided for “Places to Shop” in the Comprehensive Plan.
2.The current zoning district is a compatible zoning district within the land use
category.
3.The proposed use within the B-3 District would be compatible with the existing and
future uses of land in the area.
4.The proposed use would meet the requirements of the Zoning Ordinance for Places of
Public Assembly in the B-3 District.
5.The City has adequate land areas zoned and guided for other B-3 uses to satisfy future
land demand.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-012
2
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of Monticello, Minnesota:
That the City Council should approve the amendment to the zoning ordinance including
“Places of Public Assembly” within the list of uses in the B-3, Highway Business zoning
district.
ADOPTED this 4th day of August, 2015, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Brad Fyle, Chair
ATTEST:
____________________________________________
Angela Schumann, Community Development Director
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-012
1
Motion By: Seconded By:
RECOMMENDING DENIAL OF A ZONING TEXT AMENDMENT
TO THE B-3, HIGHWAY BUSINESS DISTRICT ADDING “PLACES OF PUBLIC
ASSEMBLY” AS AN ALLOWABLE USE IN THE DISTRICT.
WHEREAS,the applicant seeks an amendment to the B-3 Zoning District that would
add “Places of Public Assembly as a potential use in the District; and
WHEREAS,the area is guided for “Places to Shop” in the Monticello
Comprehensive Plan; and
WHEREAS,the surrounding properties to the east, west, and south are zoned B-3,
Highway Business; and
WHEREAS,the properties to the east and west are occupied by automotive-related
business uses, and the property to the south is vacant; and
WHEREAS,the B-3, Highway Business zoning district is a specialized zoning
district intended to provide land for business uses that serve the traveling public; and
WHEREAS,the Planning Commission held a public hearing on August 4th, 2015 on
the application and the applicant and members of the public were provided the opportunity to
present information to the Planning Commission; and
WHEREAS,the Planning Commission has considered all of the comments and the
staff report, which are incorporated by reference into the resolution; and
WHEREAS,the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval:
1.The property is guided for “Places to Shop” in the Comprehensive Plan.
2.The surrounding zoning provides for B-3 uses.
3.The proposed amendment would introduce a land use to the B-3 District that is
inconsistent with the existing uses and the intent of the zoning district.
4.The proposed use of the property for public assembly would interrupt the pattern of
automotive-related business uses that are both planned and in place in the area.
5.The addition of the use to the list of uses in the district would make it an eligible use
throughout the B-3 District, including many areas that may be inconsistent with the
existing land use pattern and the planning goals of the City.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-012
2
6.The automotive-related B-3 District uses represent the highest and best uses of land
for the subject property.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of Monticello, Minnesota:
That the City Council should deny the amendment to the B-3 District, and retain the existing
language and list of potential uses.
ADOPTED this 4th day of August, 2015, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Brad Fyle, Chair
ATTEST:
____________________________________________
Angela Schumann, Community Development Director
Map Amendment Rezoning B-3 (Highway
Business) to B-2 (Limited Business) & Text
Amendment within B-3 to allow Places of Public
Assembly as a Permitted or Conditional Use
Lot 001, Block 001, Gould Addition, 155-184-001010, 3939 Chelsea Rd W
Created By: City of Monticello
Date Created: 7/17/2015
Planning Commission Agenda 06/03/14
1
9. Analysis related to Interim Ordinance #590, an Interim Ordinance Allowing Places
of Public Assembly on a Temporary Basis as a Principal or Accessory Use in a
B-3(Highway Business) District (NAC)
A. REFERENCE & BACKGROUND
Request(s): In response to the City’s recent establishment of an
interim ordinance associated with the temporary
allowance of “places of public assembly” within B-3,
Highway Business Districts, related background
information has been assembled for the Planning
Commission’s consideration.
ANALYSIS
Interim Ordinance Amendment. This spring, the City Council approved an interim
ordinance to allow “places of public assembly” on a temporary basis (as a principal or
accessory use) in B-3, Highway Business Districts by interim use permit. In
conjunction with such approval, the City Council also approved a specific interim use
permit to allow “a place of public assembly” (Faith Family Life Center) on the former
Cornerstone Chevrolet property located at 3939 Chelsea Road West.
The purpose of an interim ordinance is to allow a municipality to put temporary
standards in place applicable to all or part of its jurisdiction for the purpose of
protecting the planning process and the health, safety and welfare of its citizens
(MS§462.355 Subd.4). Within the duration of the interim ordinance, the City must
also initiate a study to evaluate the potential impact of a policy to consider changes to
its land use controls.
An examination of the City’s existing regulation of “places of public assembly” is
considered an appropriate next step in regard to an evaluation of the use.
“Place of Public Assembly” Definition. The City’s Zoning Ordinance defines a
“place of public assembly” as follows:
An institution or facility that congregations of people regularly attend to
participate in or hold meetings, workshops, lectures, civic activities, religious
services, and other similar activities, including buildings in which such
functions and activities are held.
The preceding definition includes churches, fraternal lodges, and social clubs.
Planning Commission Agenda 06/03/14
2
To be noted is that the preceding definition does not include “motion picture
theaters.” Rather, “motion picture theaters” are considered a type of “indoor
commercial entertainment” as defined in the Ordinance.
Comprehensive Plan. The Land Use Plan, as included in the City’s 2008
Comprehensive Plan, depicts series of “places” for private development. These
include “Places to Live”, “Places to Shop”, “Places to Work”, and “Downtown.”
A “place of public assembly” is a unique use in that it is not necessarily a place to
live, shop or work.
The Comprehensive Plan does however, make reference to “Places for Community”
which appears to include “places of public assembly” from a land use perspective.
According to the Plan, “Places for Community” include public and semi-public land
uses. Public uses include all governmental facilities and schools. The category also
includes churches, cemeteries, hospitals and other institutional uses.
To be noted is that the Comprehensive Plan does not guide the location of new
churches, schools public buildings and other institutional uses. However, the Plan
notes that new “Places for Community” will be needed in the northwest area of the
City as it develops.
The Plan also notes that new institutional uses should be allowed in residential areas
under certain conditions. In this regard, aspects of proposed institutional uses related
to the following must be considered:
Size/scale of development in relation to the surrounding neighborhood.
Parking impacts upon surrounding residential areas.
Traffic impacts.
Lighting and signage should be compatible with surrounding residential areas.
District Allowance. “Places of public assembly”, as defined by the Zoning
Ordinance, are presently allowed within the City as follows:
Zoning District District Purpose District Allowance
R-1, Single Family
Residence
To provide for low density, single
family, detached residential dwelling
units and directly related
complementary uses.
Conditional Use
R-2, Single and Two
Family Residence
To provide for low to moderate density
one and two unit dwellings and
directly related complementary uses.
Conditional Use
TN, Traditional
Neighborhood Residence
To provide for medium density, single
family, detached residential dwelling
units and directly related
complementary uses.
Conditional Use
R-4, Medium-High
Density Residence
To provide for medium to high density
housing in multiple family structures
Conditional Use
Planning Commission Agenda 06/03/14
3
of 13 or more units per building, and at
densities of between 10 and 25 units
per acre.
B-2, Limited Business
To provide for low intensity retail or
service outlets which deal directly with
the customer for whom the goods or
services are furnished.
Permitted Use
CCD, Central
Community District
To provide for a wide variety of land
uses, transportation options, and public
activities in the downtown Monticello
area, and particularly to implement the
goals, objectives, and specific
directives of the Comprehensive Plan,
and in particular, the Embracing
Downtown Monticello report and its
Design Guidelines.
Conditional Use, all
sub-districts
B-3, Highway Business
To provide for limited commercial and
service activities and provide for and
limit the establishment of motor
vehicle oriented or dependent
commercial and service activities.
Interim Use (per
recently approved
amendment)
Performance Standards. Section 5.2 of the Zoning Ordinance establishes a set of
performance standards which are specific to all “places of public assembly” within
the City. These conditions, as reiterated below, are to be applied in addition to basic
general provisions and district standards.
1. Institutions on parcels exceeding 20,000 square feet in area shall be located
with direct frontage on, and access to, a collector or arterial street.
2. The buildings are set back from adjoining residential districts a distance no
less than double the adjoining residential setback.
3. When abutting a residential use in a residential use district, the property shall
be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in
accordance with section 4.1(G) of the Ordinance.
4. Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use
in compliance with Section 4.8 of this ordinance and that such parking is
adequately screened and landscaped from surrounding and abutting residential
uses in compliance with Section 4.1(F) of the Ordinance.
5. Adequate off-street loading and service entrances are considered and
satisfactorily provided.
There are a couple of categories of issues raised by the interim use request. These are
summarized below, with staff comments included.
Planning Commission Agenda 06/03/14
4
1. A primary purpose of the City’s Zoning Ordinance is to implement the land use
directives of the City’s Comprehensive Plan. Thus, a primary question to be
answered is whether or not the current Comprehensive Plan policies related to “places
of public assembly” remain applicable. Recognizing that “places of public assembly”
are not specifically referenced in the Plan, the following questions are raised:
a. Are “places of public assembly” clearly a subset of “places for community” as
referenced in the Plan and thus subject to the same land use directives?
Staff Comment: One of the aspects of the code is application of Plan goals to specific
ordinance allowances. The ordinance seems to define Public Assembly as what we
might typically think of as an institutional use, then includes it zones outside of the
land use category (Places for Community) in which it would logically be located. The
purpose of this was the identification of the CCD and B-2 District as districts in
which community-based services would be offered, with an understanding that those
services would be primarily to local residents or businesses. The B-3 District, on the
other hand, is designed to serve, in large part, the traveling public. As such, the B-3
District was not included as a potential location for “Places of Public Assembly”.
b. Is the northwest area of the City still a target area for new “places for
community” which, by understood association, includes “places of public
assembly?”
Staff Comment: Certainly, the northwest area of the city includes the Bertram Lakes
park area, an important, if not dominant, “place for community”. If the park use
constitutes the extent of community land uses in the area, the land use designation
could be seen as muddling that somewhat. Greater definition in the land use plan
might help to address this. That said, other institutional uses are typically sited on a
case-by-case basis, responding to specific requests. The Plan anticipates future
places for community in the northwest, but does not site them.
2. If no changes to the current Comprehensive Plan polices are desired, question exists
whether or not the current provisions of the Zoning Ordinance adequately implement
the Plan’s land use directives related to “places of public assembly.” In this regard,
the following questions are considered worthy of discussion:
a. Should “places of public assembly”, regardless of scale, be allowed in
residential zoning districts?
Staff Comment: The irony of many contemporary religious institutional uses is a
desire for high-exposure, high-access property, with a land use pattern that differs
from commercial businesses that usually populate these areas. At the same time,
church development has evolved to be much more than when churches were
commonly located in the midst of residential neighborhoods. The fact is that
Planning Commission Agenda 06/03/14
5
churches and similar institutional uses have land use characteristics that are neither
compatible with most smaller-scale neighborhoods, nor similar to commercial uses.
The zoning ordinance use of the term “public assembly” could be better defined in
this regard. However, siting church uses in residential areas is so common, it is often
simpler to include these uses in residential zoning districts, preparing special
requirements for them that don’t apply to actual residential development.
Monticello’s ordinance is structured in this way, and it can be a complex matter to
restructure the code to address this single issue. The negative with this approach is
that large-scale church uses are allowed as a matter of right in neighborhoods that
might otherwise object to the levels of activity that some churches generate.
b. Are “places of public assembly” an appropriate allowed use in the City’s CCD
and B-3, Highway Business District? If so, is the present allowance via interim
use permit appropriate?
Staff Comment: This is the crux of the question relating to the City’s interim
ordinance. Currently allowed as permitted uses in the B-2 district and conditional
uses in the CCD, it appears that this inclusion is intended to address the community’s
need for places of public assembly, while recognizing that residentially zoned
properties may not be able to adequately accommodate public assembly in terms of
site design and size. As noted above, many churches are more likely to seek high-
profile commercial sites than the B-2 and CCD. The question for the City is whether
these uses are considered appropriate in these higher-profile sites and specifically in
the B-3 District given its purpose to provide for and limit the establishment of motor
vehicle oriented or dependent commercial and service activities.
c. Are the performance standards specifically related to “places of public
assembly” considered adequate are or some changes desired?
Staff Comment: The presumption here is that the current standards are appropriate,
and that instead, the question is whether a use with these characteristics should be
allowed permanently in the B-3 District.
d. Should the definition of “place of public assembly” be modified to note that
“indoor commercial entertainment” (e.g. motion picture theaters) is not for the
purposes of the Ordinance, considered a “place of public assembly?”
Staff comment: If more permanent changes to the ordinance are to be considered,
definitions should also be addressed. If the City is satisfied with the current land use
pattern and zoning arrangement, the definitions are probably adequate.
SUMMARY
Prior to the current zoning ordinance, the City utilized a specialized zoning district for
institutional uses, including religious institutions. At one point, a concern arose in the
zoning law realm as to whether cities would be required to accommodate church
Planning Commission Agenda 06/03/14
6
assembly uses anywhere that commercial assembly uses are allowed. This concern
was based in a couple of federal laws (“RFRA”- the Religious Freedom Restoration
Act; and “RLUIPA” – the Religious Land Use and Institutionalized Persons Act),
along with a couple of prominent legal challenges in the federal courts.
The essential thrust of these federal actions was a clarification that a zoning authority
could not discriminate against a particular land use merely on the basis of the fact that
the land use was religious in nature. The most commonly applied example of this
principle used a movie theater and a traditional church use. It was proposed that since
both uses have a main assembly hall area, where a city allowed theatres, it must also
allow churches. As a result, many ordinances were written to include “public
assembly” as a land use, and then incorporating it into wherever movie theatres were
allowed.
In Monticello’s ordinance, however, the distinction was essentially focused on the
perceived service area of the facility. As a result, the ordinance was constructed to
allow church uses in residential areas as they traditionally have been, and to
incorporate them into limited commercial districts –those designed to serve local
members of the community as opposed to a more regional focus.
Thus, the real question for the City, related to the interim ordinance, is whether the B-
3 District should be included as an eligible location for public assembly uses as
defined. Historically the City has been reluctant to remove land from its available
stock of potential business locations. Making a change such as this would potentially
reduce available commercial land assuming that some of the existing property
(including the parcel subject to the current IUP) would be converted to public
assembly use, rather than a more traditional auto-related commercial development.
In summary, the current ordinance appears to adequately serve the intent of the
Comprehensive Plan in focusing on the groups of populations being served. Adding
Places of Public Assembly to the B-3 District, and expanding this use to a regionally-
focused land use category would be inconsistent with the City’s original planning
approach, since such a change would expand the potential siting for such uses to
much of the Highway 25 corridor (as currently zoned).
B. ALTERNATIVE ACTIONS
1. Approve calling for a public hearing to consider amendments to the zoning ordinance
establishing Places of Public Assembly as a permanent land use category option in
the B-3 Zoning District.
2. Deny calling for public hearing on the amendment, permitting the current interim
ordinance to expire at the end of August, 2014 and to direct preparation of a
resolution of findings.
Planning Commission Agenda 06/03/14
7
C. STAFF COMMENTS/RECOMMENDATION
If the City is satisfied with the current land use pattern, there would be no necessity to
change the ordinance. The current interim ordinance would expire, as would the IUP
in August.
If the City believes that a broader allowance for public assembly uses is appropriate,
there are two basic options:
1. Amend the zoning ordinance to add public assembly uses in other districts,
such as the B-3. With this alternative, there are some changes to definitions
and other standards requirements that would be appropriate.
2. Reconsider a zoning district that caters specifically to institutional uses, such
as schools, religious assembly uses, and public activities.
3. Consider changing zoning designations for appropriate institutional use
parcels to residential, or perhaps B-2, if such parcels are properly located to
meet the intent of the zoning district. This could be done on a case-by-case
basis at the request of individual property owners.
Staff does not recommend the permanent amendment as related to the interim ordinance.
The structure of the zoning ordinance is set up to create various land use districts based
generally on the intended service population. The ordinance, and the Comprehensive
Plan, treats institutional uses as those that focus their services primarily on the local
community. As such, the inclusion of Places of Public Assembly in the B-2 District and
CCD as the only commercial accommodation for such uses is sensible. Including such
uses in the B-3 district would alter the City’s intent in the design of its ordinance and
other planning regulations.
D. SUPPORTING DATA
A. Interim Ordinance #590
B. Monticello Comprehensive Plan, Chapter 3, Places for Community (see Item 5 exhibit)
C. Monticello Zoning Ordinance, Excerpts:
5.1 – Use Table
5.2 (D) – Regulations for Civic & Institutional Uses
8.4 - Definitions
County Hwy 75
Chelsea Rd
State Hwy 2585th St NE90th St NELinn StPine St7th St
School Blvd
Riverview Dr
Cedar StW River St
Marvi
n RdJason Ave
Dundas Rd
W Broadway St
Hart Blvd
Country LaHaug Ave NEElm StW 4th St
Fenning Ave NEOakwook DrMa ll a r d L a
95th St NE
Fallon Ave NEEdmonson Ave NEMississippi Dr
5th St
Country Club Rd
Sandberg RdPelican LaF a l c o n D r
Fenning AveWalnut StOak Ridge DrOriole LaClub View Rd
Broadway St
Hillcrest Rd
E River St
Headman La
Mi
l
l
Trai
l
LaFalcon Ave NEWright StBenton StElwood RdRamsey St6th St
River Mill Dr
Wildwood Way
Hilltop Dr
Mill Run Rd
O a k V ie w L a
Farmstead AveMartin Dr
4th St E
3rd St E
Red Rock LaGillard Ave NEMaple StFallon DrWillow StView La EGrey Stone AveMarvin Elwood Rd
Fieldcrest CirFairway DrJason Ave NEVine StM e a d o w L a
Jerry Liefert Dr
Praire Rd
Starling DrPalm StUnknown or No StreetnameFallon AveGolf Course Rd
Falcon AveKevin Longley Dr Craig LaRed Oak LaFront St
5th St W
Thomas Park D rLocust StM o c k i n g b i r d L a
W 3rd St
Eastwood CirBri ar Oa ks Bl v d
F
a
r
ms
t
e
a
d
Dr Henipin StEider LaDayton StOak La
River Forest Dr
Meadow Oak Ave
Kampa Cir
Oak Ri
dge Ci
rM i l l C t
R i v e r R i d ge L a
Garrison AveOakview CtDundas CirKenneth LaOtter Creek RdMinnesota StEagle CirCrocus LaMeadow Oak La
Stone Ridge DrChestnut St120 th St N EDarrow Ave NE
Diamond Dr
Pebble Brook Dr
Widgeon LaWashington StBunker CirHomestead DrThomas CirEn
di
c
ot
t
TrCenter CirOak View CirSandtrap CirCountr y Cir
Cheyen Ct
Old Territoral Rd
Tanager CirHillcrest CirOs prey Ct
Acorn CirBalboul CirS
w
allo
w
C
irRiverside C irMeadow Oak CtMatthew CirE Oak DrStone R idge C irOakwood DrMeadow Oak Ave NECounty Hwy 75
Hart BlvdMarvin RdMarvin RdWright St90th St NECedar StMinnesota St01
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
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (D) B-2: Limited Business District
City of Monticello Zoning Ordinance Page 109
(D) B-2: Limited Business District
Section 3.5 (D)
B-2 Limited Business District
The purpose of the “B-2” limited business district is to
provide for low intensity retail or service outlets which
deal directly with the customer for whom the goods or
services are furnished. The uses allowed in this district
are to provide goods and services on a limited
community market scale and located in areas which are
well served by collector or arterial street facilities at the
edge of residential districts.
Maximum Residential Density = Ten (10) dwelling
units per gross acre.
Base Lot Area
No minimum
Base Lot Width
Minimum = 100 ft.
Typical B-2 Building Types
Typical B-2 Lot Configuration
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (D) B-2: Limited Business District
Page 110 City of Monticello Zoning Ordinance
TABLE 3-12: B-2 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet) Max Height (stories
/ feet)
Max Floor Area
Ratio (FAR)
Max Impervious (%
of gross lot area) Front Interior
Side
Street
Side Rear
All Uses 30 10 20 20 2 stories
30 feet [1] (Reserved) (Reserved)
[1]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in Title 4, Chapter 1 of the Monticello City Code.
Accessory
Structures See Section 5.3(B) for all general standards and limitations on accessory structures.
Other
Regulations
to Consult
(not all
inclusive)
Section 3.3, Common District Requirements
Section 3.5(B), Standards Applicable to All Business Base Zoning Districts
Section 4.1, Landscaping and Screening Standards
Section 4.5, Signs
Section 4.8, Off-Street Parking
Section 4.9, Off-Street Loading
Section 4.11, Building Materials
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (E) B-3: Highway Business District
City of Monticello Zoning Ordinance Page 111
(E) B-3: Highway Business District
Section 3.5 (E)
B-3 Highway Business District
The purpose of the “B-3” (highway business) district is
to provide for limited commercial and service activities
and provide for and limit the establishment of motor
vehicle oriented or dependent commercial and service
activities.
Base Lot Area
No minimum
Base Lot Width
Minimum = 100 ft.
Typical B-3 Building Types
Typical B-3 Lot Configuration
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (E) B-3: Highway Business District
Page 112 City of Monticello Zoning Ordinance
TABLE 3-13: B-3 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet) Max Height (stories
/ feet)
Max Floor Area
Ratio (FAR)
Max Impervious (%
of gross lot area) Front Interior
Side
Street
Side Rear
All Uses 30 10 20 30
2 stories
30 feet
[1]
(Reserved) (Reserved)
[1]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in Title 4, Chapter 1 of the Monticello City Code.
Accessory
Structures See Section 5.3(B) for all general standards and limitations on accessory structures.
Other
Regulations
to Consult
(not all
inclusive)
Section 3.3, Common District Requirements
Section 3.5(B), Standards Applicable to All Business Base Zoning Districts
Section 4.1, Landscaping and Screening Standards
Section 4.5, Signs
Section 4.8, Off-Street Parking
Section 4.9, Off-Street Loading
Section 4.11, Building Materials
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 315
CHAPTER 5: USE STANDARDS
5.1 Use Table
(A) Explanation of Use Table Structure
(1) Organization of Table 5-1
Table 5-1 organizes all principal uses by Use Classifications and Use Types.
(a) Use Classifications
The Use Classifications are: Agricultural Uses; Residential Uses; Civic and
Institutional Uses; Office Use; Commercial Uses; and Industrial Uses. The
Use Classifications provide a systematic basis for assigning present and future
land uses into broad general classifications (e.g., residential and commercial
uses). The Use Classifications then organize land uses and activities into
specific “Use Types” based on common functional, product, or physical
characteristics, such as the type and amount of activity, the type of customers
or residents, how goods or services are sold or delivered and site conditions.
(b) Use Types
The specific Use Types identify the specific uses that are considered to fall
within characteristics identified in the use Classifications. For example;
detached dwellings, parks and recreational areas, and schools are “Use Types”
in the Single Family Residence District.
(2) Symbols used in Table 5-1
(a) Permitted Uses = P
A “P” indicates that a use is permitted by right, subject to compliance with all
other applicable provisions of this ordinance. Uses may be subject to special
regulations as referenced in the “Additional Requirements” column.
(b) Conditionally Permitted Uses = C
A “C” indicates that a use is permitted provided the City can establish
conditions necessary to ensure the use is compatible to the proposed location
and surrounding properties. Inability of the City to establish conditions to
adequately control anticipated impacts is justification for denial of a
conditionally permitted use. Conditional Uses may also be subject to special
regulations as referenced in the “Additional Requirements” column.
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 316 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 *SEE TABLE 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 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 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 318 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 *SEE TABLE 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 319
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 *SEE TABLE 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 320 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-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 (D) Regulations for Civic and Institutional Uses
City of Monticello Zoning Ordinance Page 333
(d) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use
in compliance with Section 4.8 of this ordinance and that such parking is
adequately screened and landscaped from surrounding and abutting residential
uses in compliance with Section 4.1(F) of this ordinance.
(e) Adequate off-street loading and service entrances are considered and
satisfactorily provided in accordance with Section 4.9 of this ordinance.
(f) Exterior lighting standards outlined in Section 4.4 of this ordinance shall be
met.
(g) If locating within an industrial zoning district:
(i) A specified termination date is documented.
(ii) The proposed parcel has adequate improved parking to accommodate the
student capacity.
(iii) The proposed building is constructed or altered only in ways which do not
interfere with future refitting for industrial use.
(8) Places of Public Assembly
(a) Institutions on parcels exceeding 20,000 square feet in area shall be located
with direct frontage on, and access to, a collector or arterial street.
(b) The buildings are set back from adjoining residential districts a distance no
less than double the adjoining residential setback.
(c) When abutting a residential use in a residential use district, the property shall
be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in
accordance with section 4.1(G) of this ordinance.
(d) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use
in compliance with Section 4.8 of this ordinance and that such parking is
adequately screened and landscaped from surrounding and abutting residential
uses in compliance with Section 4.1(F) of this ordinance.
(e) Adequate off-street loading and service entrances are considered and
satisfactorily provided.
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 454 City of Monticello Zoning Ordinance
SIGN, CHANGEABLE COPY: A sign or portion thereof that has a reader board for the
display of text information in which each alphanumeric character, graphic or symbol is
defined by objects not consisting of an illumination device and may be changed or
rearranged manually or mechanically with characters, illustrations, letters or numbers that
can be changed or rearranged without altering the face or surface of the sign structure.
SIGN, CHANGEABLE COPY (ELECTRONIC): A sign or portion thereof that displays
electronic, non-pictorial text information in which each alphanumeric character, graphic, or
symbol is defined by a small number of matrix elements using different combinations of light
emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the
display area. Electronic changeable copy signs include computer programmable,
microprocessor controlled electronic displays. Electronic changeable copy signs include
projected images or messages with these characteristics onto buildings or objects. Electronic
changeable copy signs do not include official signs. Electronic changeable copy signs may
also be dynamic display signs if the definition of dynamic display sign is met.
SIGN, COMMUNITY EVENT: A sign displaying information related to a community event
open to the public when such event is sponsored or operated by a person or organization in a
not-for-profit capacity. Qualifying organizations shall include:
(A) Any organization established under Internal Revenue Code Section as a not-for-profit;
(B) Any other organization or individual registering with the Secretary of State as a not-for-
profit;
(C) Any other organization or individual registering with the City of Monticello and
meeting the requirements established by the City Council.
SIGN, DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and replacing the
sign or its components, whether the apparent movement or change is in the display, the sign
structure or any other component of the sign. This includes displays that incorporate
technology or methods allowing the sign face to change the image without having to
physically or mechanically replace the sign face or its components as well as any rotating,
revolving, moving, flashing, blinking or animated display and any display that incorporates
rotating panels, LED lights manipulated through digital input, digital ink or any other method
or technology that allows the sign face to present a series of images or displays. All dynamic
displays are changeable copy signs, but not all changeable copy signs are dynamic displays.
Changeable Copy
Sign
3-4 | Land Use City of Monticello
Figure 3-2: Land Use Plan Map
£¤10£¤10Æÿ25!(14!(11!(43!(50!(68!(5!(81§¨¦94 Æÿ25!(75!(18!(117!(39!(106!(37!(13100.510.25Miles-November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use PlanLegendPlaces to LivePlaces to ShopPlaces to WorkPlaces to RecreatePlaces for CommunityDowntownMixed UseInterchange Planning AreaUrban ReserveInfrastructureRivers and StreamsPublic Waters InventoryWetlands (National & Public Waters Inventories)Potential GreenwayPotential InterchangeFuture BridgeExisting Arterial or Collector RoadProposed Arterial or Collector RoadPowerlineMonticello City BoundaryOrderly Annexation AreaAmended by City Council Resolution 2011-92, September 26, 2011£¤10£¤10Æÿ25!(14!(11!(43!(50!(68!(5!(81§¨¦94 Æÿ25!(75!(18!(117!(39!(106!(37!(13100.510.25Miles-November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use PlanLegendPlaces to LivePlaces to ShopPlaces to WorkPlaces to RecreatePlaces for CommunityDowntownMixed UseInterchange Planning AreaUrban ReserveInfrastructureRivers and StreamsPublic Waters InventoryWetlands (National & Public Waters Inventories)Potential GreenwayPotential InterchangeFuture BridgeExisting Arterial or Collector RoadProposed Arterial or Collector RoadPowerlineMonticello City BoundaryOrderly Annexation AreaAmended by City Council Resolution 2011-92, September 26, 2011£¤10£¤10Æÿ25!(14!(11!(43!(50!(68!(5!(81§¨¦94 Æÿ25!(75!(18!(117!(39!(106!(37!(13100.510.25Miles-November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use PlanLegendPlaces to LivePlaces to ShopPlaces to WorkPlaces to RecreatePlaces for CommunityDowntownMixed UseInterchange Planning AreaUrban ReserveInfrastructureRivers and StreamsPublic Waters InventoryWetlands (National & Public Waters Inventories)Potential GreenwayPotential InterchangeFuture BridgeExisting Arterial or Collector RoadProposed Arterial or Collector RoadPowerlineMonticello City BoundaryOrderly Annexation AreaAmended by City Council Resolution 2011-92, September 26, 2011
3-12 | Land Use City of Monticello
f Promoting wage levels that provide incomes
needed to purchase decent housing, support local
businesses and support local government services.
f Take advantage of opportunities to attract
companies that have a synergy with existing
companies in the community, including suppliers,
customers and collaborative partners.
f Encouraging the retention and expansion of
existing businesses in Monticello.
Policies – Places to Work
1. The City will use the Comprehensive Plan to
designate and preserve a supply of land for Places
to Work that meets current and future needs.
2. Consistent with the vision for the future of
Monticello, the Land Use Plan promotes the
establishment of business campus settings that
provide a high level of amenities, including
architectural controls, landscaping, preservation of
natural features, storage enclosed within buildings,
and other features. The zoning ordinance,
subdivision regulations and other land use controls
will also be used to create and maintain the desired
business campus settings.
3. Places to Work supports the City’s desire to attract
businesses that complement existing businesses
or benefit from the community’s infrastructure,
including power and telecommunications.
4. The Comprehensive Plan also recognizes that
Places to Work should provide locations for
other general industrial development in the areas
Figure 3-9: Land Use Plan - Places to Shop
£¤10 £¤10
Æÿ25
!(14!(11!(43!(50!(68!(5!(81§¨¦
94
Æÿ25!(75
!(18
!(117!(39
!(106
!(37!(1 3 1
0 0.5 10.25
Miles-
November 1, 2011
Data Source: MnDNR, Sherburne County, Wright
County, and WSB & Associates. Land Use Plan
Legend
Public Waters Inventory
Rivers and Streams
Potential Interchange
Potential Bridge
Powerline
Monticello City Boundary
Orderly Annexation Area
Commerce
Amended by City Council Resolution 2011-92, September 26, 2011
Land Use | 3-132008 Comprehensive Plan ~ Updated 2014
of manufacturing, processing, warehousing,
distribution and related businesses.
5. Places to Work may include non-industrial
businesses that provide necessary support to the
underlying development objectives of this land use.
Examples of supporting land uses include lodging,
office supplies and repair services.
Additional public objectives and strategies for Places
to Work can be found in the Economic Development
chapter.
Places to Shop
Places to Shop designate locations that are or can be
developed with businesses involved with the sale of
goods and services. Places to Shop may include offices
for service businesses. Places to Shop guides land uses
that are both local and regional in nature.
Policies - Places to Shop
In guiding land uses for Places to Shop, the
Comprehensive Plan seeks to:
1. The Comprehensive Plan seeks to attract and retain
businesses that provide goods and services needed
by Monticello residents.
2. The Comprehensive Plan seeks to capture the
opportunity for commercial development that
serves a broader region. Places to Shop with a
regional orientation should be located where
the traffic does not disadvantage travel within
Monticello.
3. Commercial development will be used to expand
and diversify the local property tax base and as an
element of a diverse supply of local jobs.
4. Places to Shop will be located on property with
access to the street capacity needed to support
traffic from these businesses.
5. Each parcel should supply an adequate supply of
parking that makes it convenient to obtain the
goods and services.
6. Building materials, facades and signage should
combine with public improvements to create an
attractive setting.
7. Site design must give consideration to defining
edges and providing buffering or separation
between the commercial parcel and adjacent
residential uses.
These policies help to create sustainable locations for
Places to Shop in a manner that enhances Monticello.
Downtown
The Embracing Downtown Plan was adopted by City
Council resolution 2012-011 on January 9, 2012
and is herein incorporated as an appendix of the
Comprehensive Plan.
Downtown is a unique commercial district that is part
of Monticello’s heritage and identity. It is, however,
no longer possible for Downtown to be Monticello’s
central business district. The mass of current and
future commercial development south of Interstate 94
along TH 25 and in east Monticello along interstate 94
have replaced the downtown area as primary shopping
districts. The future success of downtown requires it
to be a place unlike any other in Monticello.
The Comprehensive Plan seeks to achieve the Vision,
Guiding Principles and Goals described in the
Embracing Downtown Plan. Downtown is intended
to be a mix of inter-related and mutually supportive
land uses. Businesses involved with the sale of goods
and services should be the focus of Downtown land
use. Residential development facilitates reinvestment
and places potential customers in the Downtown area.
Civic uses draw in people from across the community.
The Comprehensive Plan describes issues, plans and policies related to the Downtown in several sections
of the Plan.
3-14 | Land Use City of Monticello
During the planning process, the potential for
allowing commercial activity to extend easterly out of
the Downtown along Broadway was discussed. The
Comprehensive Plan consciously defines Cedar Street
as the eastern edge of Downtown for two basic reasons:
(1) Downtown should be successful and sustainable
before new areas of competition are created; and
(2) The Comprehensive Plan seeks to maintain and
enhance the integrity of residential neighborhoods
east of Downtown.
More than any other land use category, Downtown has
strong connections to other parts of the Comprehensive
Plan. Therefore the City has adopted the Embracing
Downtown Plan as its guiding planning document
for the Downtown. The following parts of the
Comprehensive Plan also address community desires
and plans for the Downtown area:
f The Land Use chapter contains a specific focus
area on Downtown. The focus area contains a
more detailed discussion of the issues facing the
Downtown and potential public actions needed to
address these issues.
f The operation of the street system is a critical
factor for the future of Downtown. The
Transportation chapter of the Comprehensive Plan
and the Transportation chapter of the Embracing
Downtown Plan influence the ability of residents to
travel to Downtown and the options for mitigating
the impacts of traffic on Highway 25 and other
Downtown streets.
f The Parks chapter of the Comprehensive Plan
provides for parks in the Downtown and the trail
systems that allow people to reach Downtown on
foot or bicycle.
f The Economic Development chapter of
the Comprehensive Plan and the Financial
Implementation chapter of the Embracing
Downtown Plan lay the foundation for public
actions and investments that will be needed to
achieve the desired outcomes.
Policies/Guiding Principles – Downtown
1. Downtown is a special and unique part of
Monticello. It merits particular attention in the
Comprehensive Plan and in future efforts to achieve
community plans and objectives.
2. Downtown is intended to be an inter-connected
and supportive collection of land uses. The primary
function of Downtown is as a commercial district.
Other land uses should support and enhance the
overall objectives for Downtown.
3. The City will build on core assets of greater
Downtown Monticello as identified in the
Embracing Downtown Plan.
4. A shared vision among property owners, business
owners and the City is the foundation for effective
team work and long term success.
5. A shared understanding of realistic market potential
is the foundation for design and generation of a
healthy business mix.
6. A safe, attractive human scale environment and
entrepreneurial businesses that actively emphasize
personal customer service will differentiate
Downtown from other shopping districts.
7. Property values can be enhanced if property
owners and the City share a vision for Downtown
and actively seek to cultivate a safe, appealing
environment and attractive business mix.
8. Housing in the Downtown can facilitate necessary
redevelopment and bring potential customers
directly into the area. Housing may be free-
standing or in shared buildings with street level
commercial uses.
9. Downtown is the civic center of Monticello. To
the degree possible, unique public facilities (such
as the Community Center, the Library and the Post
Office) should be located in the Downtown area as
a means to bring people into the Downtown.
10. Downtown should emphasize connections with
the Mississippi River that are accessible by the
public.
11. Downtown should be a pedestrian-oriented place
in a manner that cannot be matched by other
commercial districts.
12. Downtown should have an adequate supply of free
parking for customers distributed throughout the
area.
13. The City and business community must work
actively with MnDOT to ensure safe local access
to business districts.
Land Use | 3-152008 Comprehensive Plan ~ Updated 2014
All of these policies work together to attract people to
Downtown and to enhance the potential for a successful
business environment.
Amendment to Comprehensive Plan/1997 Downtown
Revitalization Plan
Resolution 2010-049, adopted 7/12/10:
At the intersection of Broadway and Pine Streets,
parking lots may be constructed only when all of the
following conditions exist:
f Applicable traffic safety and access requirements
limit the ability to comply with building location
standards of this Plan.
f At least fifty (50) percent of either the Broadway
or Pine Street frontage is occupied by a building
(non-parking area).
f An alternative vertical element is located at the
street corner. This element must be determined
by City Officials to establish an architecturally
compatible corner presence. Such elements
may include, but not be limited to public art,
interpretive signage, architectural business signs,
and architecturally appropriate lighting.
Mixed Use
The Mixed Use is a transition area between the
Downtown and the hospital campus. It has been
created in recognition of the unique nature of this area.
The area serves two functions. It is the edge between
long-term residential neighborhoods and a major
transportation corridor (Broadway Street). It is also a
link between the Downtown, the hospital campus and
the east interchange retail area.
The primary goal of this land use is to preserve and
enhance housing in this part of Monticello. Any
non-residential development should be designed to
minimize the impacts on and conflicts with adjacent
neighborhoods.
Policies - Mixed Use
1. Development should not have direct access to
Broadway street. Access should come from side
street.
2. Non-residential development should be limited to
small retail, service and office businesses. The scale,
character and site design should be compatible with
the adjacent residential neighborhoods.
3. All non-residential development will be oriented
to Broadway Street and not to 3rd Street or River
Street.
4. Commercial development compatible with the
Downtown should be encouraged to locate there.
5. More intense housing and commercial uses may be
allowed if directly related to the hospital.
Places to Recreate
Places to Recreate consist of public parks and private
recreation facilities. The land uses are essential
elements of the quality of life in Monticello. The Parks
and Trails chapter of the Comprehensive Plan describes
the current park and trail system and the future plan
to maintain and enhance this system.
The Comprehensive Plan is only one aspect of managing
the land use for public parks and private recreation
facilities. The City’s zoning regulations place these
locations into a zoning district. Often, the purpose
of the zoning district is to guide private development,
such as housing. Under current State Law, zoning
regulations “trump” the Land Use Plan and govern the
use of land. With the potential for the redevelopment
of golf courses, it is important the Comprehensive Plan
and other land use controls work in concert to achieve
the desired outcomes.
The City’s plans and policies for parks, trails and
open space can be found in the Parks chapter of the
Comprehensive Plan
Places for Community
Places for Community consist of public and semi-
public land uses. Public uses include all governmental
facilities (city, county, state and federal) and schools.
This category also applies to churches, cemeteries,
hospitals, and other institutional uses.
It is important to note that these land uses relate only
to existing land uses. The Comprehensive Plan does
not guide the location of new churches, schools, public
buildings and other institutional land uses. Places for
3-16 | Land Use City of Monticello
Community will be needed in the Northwest area as
it develops.
These uses are typically allowed in residential areas and
governed by zoning regulations. These institutional
uses (such as schools and churches) are important parts
of the fabric of the community, but require guidance
to ensure a proper fit with its residential surroundings.
New institutional use should be allowed in residential
areas under certain conditions. These conditions
should address the aspects of the use that conflict with
desired characteristics of residential neighborhood.
Criteria for locating an institutional use in a residential
land use area include:
1. Size. Large buildings and site areas can disrupt
neighborhood cohesiveness. Use in lower density
residential areas should not be more than [to be
determined] square feet in lot area.
2. Parking. Parking may spill on to neighborhood
streets without adequate on-site facilities. The
parking needs will vary with the use of the facility.
Each facility should provide adequate on-site or
reasonable off-site shared parking based on the use
of the facility.
3. Traffic. Institutional uses should be oriented to
designated collector or arterial streets.
4. Lighting and signage. Site lighting and signage
needs may resemble commercial uses. These site
factors should be managed to fit the character of
the surrounding residential development.
Urban Reserve
The Urban Reserve contains all property in the Orderly
Annexation Area that it not shown for development
in the near term in this Plan. The objective is to
encourage rural and agricultural uses, preventing
barriers to future development opportunities. It is
anticipated that the City will grow into portions of the
Urban Reserve as planned land use areas become fully
developed and capacity for future growth in needed.
The Urban Reserve is not simply a holding area for
future development. Parts of the Urban Reserve are
likely to be preserved as natural resource areas or for
agricultural purposes. Future planning will consider
the locations in the Urban Reserve best suited for
development.
Interchange Planning Area
The Interchange Planning Area encompasses
undeveloped land in the northwest part of Monticello
around the site of a potential west interchange with
Interstate 94. The purpose of this land use is to
preserve the area for future development and prevent
the creation of development barriers.
If built, the area should be planned to support a mixture
of commercial, employment and residential land uses.
The interchange location and the routes of future
connecting roads are solely for illustration. Future land
use issues in this area are discussed in the Focus Area
for Northwest Monticello.
Private Infrastructure
This category applies to Xcel Energy’s power plant and
railroad right-of-way. This category recognizes the
unique role of the power plant in Monticello.
Greenway
The Land Use Plan Map shows a “potential greenway”
ringing the western and southern edges of Monticello.
The Greenway is intended to provide an environmental
corridor that connects large community parks and open
spaces to neighborhoods, schools, shopping areas and
places to work. They serve to protect environmentally
sensitive areas such as natural habitat, wetlands,
tree canopy, and drainage ways. Land within this
corridor could be comprised of a combination of
public and private open space. Development would
not be prohibited within the greenway but would be
reasonably restricted to ensure that development is
carefully integrated with the natural environment.
The Greenway is intended to shape development
patterns in a manner that is sensitive to the existing
environment and harmonious with the landscape. The
Greenway creates opportunities for a continuous trail
corridor connecting neighborhoods with large parks
and open spaces. A trail within this corridor is intended
to be fully accessible to the general public.
Planning Commission Agenda: 08/04/15
1
3A. Consideration of calling for a public hearing for Monticello Zoning Ordinance
Section 4.3 – Fences & Walls as related to fence materials and appearance. (AS)
A. REFERENCE & BACKGROUND:
At the Planning Commission meeting in July, a citizen comment was received from Mr.
Joe Bluhm related to fence material requirements. The property owner at 4640 Country
Circle had received a violation notice related to the construction of a fence constructed of
wood posts with wire mesh as the primary fencing material. The zoning ordinance
currently prohibits wire mesh fencing as an allowable fence material.
The Planning Commission indicated that they wished to study the issue over the next
month, taking time to look at the property address of Mr. Bluhm at 4640 Country Circle.
If the Planning Commission wishes to direct ordinance amendments changing the current
standards for allowable fencing materials, the Commission will need to call for a public
hearing on the item, and provide staff with direction on the desired ordinance standards.
B. ALTERNATIVE ACTIONS:
1. Motion to call for a public hearing on Monticello Zoning Ordinance Section 4.3 –
Fences & Walls as related to fence materials and appearance.
2. Motion of no action.
C. STAFF RECOMMENDATION:
Staff believes the current ordinances standards reflect the Comprehensive Plan and
ordinance goals for higher amenity development and performance standards for the
community. Wire mesh fencing will likely present future maintenance and aesthetic
issues over time. However, the Commission may wish to allow this type of material if
combined with other allowable materials.
D. SUPPORTING DATA:
Monticello Zoning Ordinance, Excerpt: Chapter 4.3 – Fences and Walls
Sample images, wire mesh fencing
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (H) Chain Link Fencing
(d) Comply with the standards in Section 4.3(J), Appearance; and
(e) Comply with the requirements of Section 4.1(I), Standards for Required
Screening (if applicable).
(2) New residential developments shall be required to construct conforming fencing
along the rear yards of all double frontage lots that back up to collector or arterial
roadways.
(G) Prohibited Fences
(1) Fences or walls made of debris, junk, rolled plastic, sheet metal, Fences or walls made of debris, junk, rolled plastic, sheet metal, wire mesh, wire mesh,
plywood, plywood, wooden landscape lattice wooden landscape lattice or waste materials are prohibited in all zoning or waste materials are prohibited in all zoning
didistricts unless such materials have been recycled and reprocessed for marketing stricts unless such materials have been recycled and reprocessed for marketing
to the general public as building materials that resemble new building materialsto the general public as building materials that resemble new building materials
and are designed for use as a fencing materialand are designed for use as a fencing material (e.g., picket fencing made from (e.g., picket fencing made from
recycled plastic recycled plastic and fiber).and fiber).
(H) Chain Link Fencing
Chain link fencing shall be allowed, subject to the following standards:
(1) All Districts
In all districts, chain link fences must have a top rail, and barbed ends must be
placed at the bottom of the fence.
(2) Residential Districts
Chain link fencing is permitted on lots within residential zoning districts provided
it does not include opaque slats, and does not exceed a height of four (4) feet.
(3) Business Districts
Chain link fencing shall not be allowed on lots within a business zoning district
unless expressly authorized through approval of a security plan under the
provisions of Section 4.3(E).
(4) Industrial Districts
Chain link fencing shall be allowed on lots within industrial zoning districts
provided it does not include opaque slats and is coated with black or dark green
vinyl.
Page 228 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (J) Appearance
(I) Barbed or Razor Wire
Barbed or razor wire is prohibited except as expressly authorized through approval of a
security plan under the provisions of Section 4.3(E).
(J) Appearance
(1) Customary MaterialsCustomary Materials
Fences and walFences and walls shall be constructed of any combination of treated wood posts ls shall be constructed of any combination of treated wood posts
and verticallyand vertically--oriented planks, rotoriented planks, rot--resistant wood, wrought iron, decorative metal resistant wood, wrought iron, decorative metal
materials, brick, stone, masonry materials, or products designed to resemble these materials, brick, stone, masonry materials, or products designed to resemble these
materials.materials. Where wood, mWhere wood, masonry, or other opaque materials are specified for asonry, or other opaque materials are specified for
particular types of screening or buffering fences or walls, all other fence materials particular types of screening or buffering fences or walls, all other fence materials
are prohibited.are prohibited.
(2) Finished Side to Outside
Wherever a fence or wall is installed, if one side of the fence or wall appears more
lot rather than the interior of the lot.
(3) Compatibility of Materials along a Single Lot Side
All fencing or wall segments located along a single lot side shall be composed of
a uniform style and colors compatible with other parts of the fence and with the
associated buildings.
(4) Landscape Screening
All fences and walls exceeding four feet in height and located within 15 feet of a
public street right-of-way in all districts, or as otherwise required by this
ordinance, shall be supplemented with landscape screening in accordance with the
following standards to soften the visual impact of the fence or wall.
(a) Shrubs Required
One evergreen shrub shall be installed for every fifteen linear feet of fence or
wall, on the side of the fence or wall facing the public street right-of-way.
Shrubs shall meet the size standards of Section 4.1(C)(2) Planting Standards,
and may be installed in a staggered, clustered, grouped, or linear fashion.
City of Monticello Zoning Ordinance Page 229
Planning Commission Agenda: 08/04/15
1
3B. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the
Monticello Zoning Ordinance (AS)
A. REFERENCE & BACKGROUND:
The roundtable meeting of business community representatives has not been held for this
item due to conflicting schedules of the parties. Staff is still attempting to arrange this
meeting to help support feedback for development of amendments for the temporary sign
ordinance.
Additionally, a recent Supreme Court ruling related to signage has come through, which
may have an impact on regulations. Staff are reviewing the ruling materials in
relationship to the City’s sign ordinance. More information related to that item will be
forthcoming as more is understood.
Given the above, no ordinance amendments are proposed at this time.
B. ALTERNATIVE ACTIONS:
None.
C. STAFF RECOMMENDATION:
None.
D. SUPPORTING DATA:
None.