Planning Commission Agenda 01-07-2014
AGENDA
MONTICELLO PLANNING COMMISSION MEETING
Tuesday, January 7th, 2014 - 6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Chairman Brad Fyle, Sam Burvee, Charlotte Gabler, Grant Sala
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller
1. Call to order.
2. Consideration to approve Planning Commission minutes.
a. Regular Meeting – December 3rd, 2013
3. Citizen Comments.
4. Consideration of adding items to the agenda.
5. Public Hearing – Consideration of an amendment to the Monticello Zoning Ordinance,
Chapter 3, Section 4(D) – RA (Residential Amenities) District.
Applicant: City of Monticello
6. Public Hearing – Consideration of an Amendment to the Official Zoning Map for
rezoning a portion of Lots 1 and 2, Block 1, Oakwood Industrial Park, from B-2 (Limited
Business) to B-4 (Regional business).
Applicant: City of Monticello
7. Public Hearing – Consideration to approve the Official Zoning Map for the City of
Monticello
Appplicant: City of Monticello
8. Consideration to adopt a Public Values Statement for Collaborative Stage PUD for a K-
12 Educational Use in the R-3 (Medium Density Residence) District and CCD (Central
Community District).
Applicant: SRCS Building Company/Miller, Eric
9. Consideration of a request for extension of a Conditional Use Permit for a Drive-Through
Facility, Joint Parking and Joint Access.
Applicant: SA Group Properties, Inc.
10. Consideration to review a summary and recommendation of next steps as related to R-4
(High Density Residence) Workshop.
11. Consideration to review for recommendation the extension of Interim Ordinance #568 for
Temporary Signs.
12. Consideration to call for a public hearing for amendment to Monticello Zoning
Ordinance, Chapter 6 – Non-Conformities, Section 1.
13. Community Development Director’s Report.
14. Adjourn.
MINUTES
MONTICELLO PLANNING COMMISSION MEETING
Tuesday, December 3, 2013 - 6:00 p.m. - Mississippi Room, Monticello Community Center
Present: Bill Spartz, Sam Burvee, Brad Fyle, Charlotte Gabler, Grant Sala
Absent: None
Others: Angela Schumann, Ron Hackenmueller
1. Call to order
Bill Spartz called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes
a. Regular Meeting - September 3rd, 2013
CHARLOTTE GABLER MOVED TO APPROVE THE SEPTEMBER 3RD 2013
MEETING MINUTES. BRAD FYLE SECONDED THE MOTION. MOTION
CARRIED 5-0.
b. Regular Meeting - October 1 st, 2013
CHARLOTTE GABLER MOVED TO APPROVE THE OCTOBER 1sT, 2013
REGULAR MEETING MINUTES. BRAD FYLE SECONDED THE MOTION.
MOTION CARRIED 5-0.
C. Regular Meeting - November 4th, 2013
CHARLOTTE GABLER MOVED TO APPROVE THE NOVEMBER 4TH, 2013
REGULAR MEETING MINUTES. GRANT SALA SECONDED THE MOTION.
MOTION CARRIED 4-0. (Brad Fyle did not vote as he had been absent at the
previous meeting.)
3. Citizen Comments None
4. Consideration of adding items to the agenda
Resignation (Bill Spartz) - Bill Spartz indicated that he would resign as a member of
the Planning Commission at the end of 2013 to turn his attention to his role as a
newly elected Monticello School Board member. Angela Schumann thanked him for
his work and said that he would be missed.
9 Fleet Farm Update - (Charlotte Gabler)
Planning Commission Minutes: 12/03/13
5. Consideration to call for a public hearing for an Amendment to the Monticello
Zoning Ordinance, Chapter 4, Section 1- Landscaping & Screening for adoption of
regulations pertaining to native landscaping requirements and Chapter 3, Section
4(D) — RA (Residential Amenities) District. Applicant: City of Monticello
Staff had agreed to redraft the proposed native landscaping ordinance based on the
discussion at the October 1" workshop. Some of the language be changed and some
minor administrative edits were made. The commission seemed to generally agree to
allow native landscaping in all zoning districts but include more restrictive regulations in
residential districts. These restrictions would allow native landscaping on a certain
percentage of a lot, a particular location on the lot and a designated distance from
neighboring lots. Brad Fyle stated that he was not in favor of native landscaping.
Angela Schumann indicated that there had been fewer than five requests to establish
native landscaping in Monticello. At least one resident had independently obtained grant
funding to establish native landscaping on their property along the Mississippi riverbank.
Schumann pointed out that a recent application for a Collaborative PUD will provide an
upcoming opportunity to further consider native plantings.
Charlotte Gabler asked for resident input prior to moving to public hearing. In lieu of a
motion at this time, staff suggested drafting questions to use as a short, issue -specific
survey accessible on the City's website, Facebook page and via a -news. Commissioners
were particularly interested in clarifying the citizen perspective on native landscaping in
front yards. Staff also spoke of possibly designing a flyer to use as an educational tool.
Schumann will consult with the City Attorney to determine whether feedback submitted
electronically would be eligible to be entered into the public record.
Gabler also asked about how folks who may be watching the meeting from home might
interact with the Planning Commission. Staff stated that the City Attorney had advised
against remote participation during a public hearing as there is no case law that supports
such testimony at this time. The public hearing notice invites oral testimony during the
meeting and written comments may be submitted to City Hall before the date of the
hearing.
Schumann summarized that the commission had also discussed amending the zoning
ordinance to accommodate the demand for building rambler style houses with larger
square footage requirements in the Residential Amenities (RA) District. Charlotte Gabler
wondered if any builders had requested that the district be modified to provide additional
flexibility. Ron Hackenmueller pointed out that the City had processed three lot
combinations and various amendments to square footage and garage specifications in
Carlisle Village and Hillside Farms. Commissioners seemed to be interested in increasing
lot width from 90 to 100 feet and eliminating lot averaging. Hackenmueller noted that
amending the zoning language would also simplify inspection follow-up.
Planning Commission Minutes: 12/03/13
CHARLOTTE GABLER MOVED TO CALL FOR A PUBLIC HEARING FOR AN
AMENDMENT TO THE MONTICELLO ZONING ORDINANCE, CHAPTER 3,
SECTION 4(D) — RESIDENTIAL AMENITIES (RA) DISTRICT. GRANT SALA
SECONDED THE MOTION. MOTION CARRIED 5-0.
6. Consideration to review and recommend for the expiring terms of Planning
Commissioners and to recommend appointment of Chair and Vice Chair
Charlotte Gabler's and Brad Fyle's terms on the Planning Commission expire in
December of 2013. Both indicated that they'd be willing to serve another term.
Decision 1: Expiring Terms
SAM BURVEE MOVED TO RECOMMEND THE APPOINTMENT OF
COMMISSIONERS GABLER AND FYLE FOR A THREE-YEAR TERM ON THE
PLANNING COMMISSION. GRANT SALA SECONDED THE MOTION. MOTION
CARRIED 5-0.
The City Council will ratify appointments as recommended by the Commission on
December 9th, 2013.
Decision 2: Chair and Vice Chair Positions
Gabler asked about the duties of Planning Chair. Spartz said that the chair conducts the
meetings and .ensures that all are provided an opportunity to speak and that important
information is documented in the public record. The chair also attends City Council
meetings at which items previously approved by the Planning Commission are
considered and signs official documents such as plats and resolutions. Staff will work
with the Deputy Clerk to outline various procedural matters to be used as a reference tool
for boards and commissions.
Fyle asked about the process involved in filling the position vacated by Spartz. Schumann
stated that staff had recently discussed the value of clearly defining the role of board and
commission members and the level of commitment required and would work to create a
job description. She noted that the position would be advertised on the City's website and
Facebook page as well as by e -news. The full commission and staff interview the
applicants and make a recommendation for City Council ratification.
Gabler said that she'd prefer to act as backup chair due to her schedule at this time. Fyle
stated that he would be interested in either position.
Schumann thanked Spartz for his efforts as a Planning Commissioner and leadership as
Commission Chair. She pointed out that he had participated in updating many of the key
planning documents such as the Comprehensive Plan, the zoning ordinance and the sign
ordinance. She noted that his insights and guidance would be missed. Spartz said that
he'd enjoyed and appreciated the education.
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Planning Commission Minutes: 12/03/13
BILL SPARTZ MOVED TO RECOMMEND NOMINATING BRAD FYLE AS
CHAIRPERSON AND CHARLOTTE GABLER AS VICE CHAIR OF THE
PLANNING COMMISSION FOR 2014. SAM BURVEE SECONDED THE MOTION.
MOTION CARRIED 5-0.
7. Consideration to review for discussion the Land Use Application Process.
Angela Schumann presented an overview of the land use application process from an
applicant's point of view. The summary provides a broader understanding of the many
steps involved in a thorough analysis of land use decisions.
Schumann outlined two levels of the Pre -Design stage. Level 1 involves drawing some
parameters around a concept in terms of who'd be involved, what would be needed to
accomplish the concept, and a general timeline.
If there is continued interest the concept would move to Level 2 Pre -Design which is the
more formal Pre -Application stage required by zoning ordinance. This stage involves
planning, building and engineering staff conducting a broad review of the essential
components of a land use application. Some of the issues considered are the land use
plan, zoning, concept fit, environment, access, utilities, annexation, park dedication,
financing. This step would focus on identifying roles, heading off any stumbling blocks
and making information such as application checklists and timelines available from the
start. Charlotte Gabler suggested that the Planning Commission and the City Council
become involved at the pre -application stage in order to have more information related to
a project prior to consideration at a public hearing.
Schumann identified the common land use applications set by zoning ordinance. These
are: Comp Plan amendment, Conditional Use Permit (CUP), variance, subdivision:
administrative (lot split or boundary line adjustment and lot combinations), plats
(preliminary and final), map amendment/text amendment, Planned Unit Development
(PUD) and vacations (easements and right of way handled by City Council) and site plan
review.
Schumann also briefly described other types of administrative applications and permits.
These are: sign permits temporary use permits (special event permits), home occupation
permits (permitted, administrative and CUP), grading permits and administrative and
PUD adjustments (handled by City Council) and amendments.
She reviewed the application form which includes property information, type of
application, fees and escrow, applicant and property owner signatures and agency
information which specifies the 60 day rule for taking action on a decision once the
application is complete. The applicant receives a letter and checklist which lists submittal
requirements, approval criteria and review and hearing dates.
Schumann described the public hearing notification process. Notice is published twice
and mailed ten days prior to the day of the hearing to those within 350-500 feet of the
property. Staff produces an affidavit of mailing and receives an affidavit of publication.
4
Planning Commission Minutes: 12/03/13
Applications are posted to the City's website.
Schumann cited the steps in the internal application review process. These are plan
distribution, staff site review, staff report preparation (including conditions of approval),
application review meeting and distribution and posting of the agenda.
She also noted that other city boards (Parks Commission, IEDC, City Council) often
participate in the review process as necessary depending on the application. The Planning
Commission makes recommendations to the City Council but is the Board of Adjustment
and Appeal for variances.
Schumann noted that the Planning Commission summarizes its decisions through
resolutions which include finding of facts. The proceedings are recorded and a record
plan set addressing all conditions of the decision is required. Notices and minutes of the
decision are provided to the applicant. Amendments to the ordinance and maps are posted
to the website.
8. Community Development Director's Report
Xcel Energy — The City received a site plan application from Xcel Energy in response to
the Nuclear Regulatory Commission requirement that they upgrade meteorological
monitoring capability by replacing the existing 200 foot tall tower with a tower nearly
300 feet tall. The City has very little review authority as it relates to federally required
instrumentation or equipment for the plant. Hackenmueller will issue the building permit
and the City Council will be made aware of the requirement.
Planning Services - Staff recommended that the City continue to utilize NAC for day-to-
day planning matters as designated "City Planner" for 2014.
West 7th Street Extension Project — West 71h Street is now open to traffic. The route
provides a crucial connection and paves the way for further development.
I-94 Reconstruction Project - MnDOT plans to complete a reconstruction of I-94
between CSAH 18 and TH 25. The project will prepare Monticello for the future six -lane
freeway expansion as part of the I-94 Coalition's Corridors of Commerce initiative.
TAC Update —The TAC continues to take steps related to the Fallon Avenue Overpass
project and planning for an eventual second river crossing.
Bertram Chain of sakes Regional Park — The City and County will close on the
purchase of Phase IV of the Bertram Chain of Lakes Regional Park on December 17th,
2013. Phase IV involves 140 acres including a majority of Bertram Lake and its west and
south shorelines. Grant and match funding have been approved for the land along the
north side of Bertram and Long Lakes (including the beach) as well as for the 40 acres of
the city's athletic complex. These parcels are scheduled for purchase by June 2014. Grant
applications are underway for the last parcels in the northeast corner of the park.
Planning Commission Minutes: 12/03/13
9. Items Addled to the Agenda
• Fleet Farm Update (Charlotte Gabler) - Fleet Farm representatives indicated that
potential competition with the Runnings store currently under construction will
not affect their plan to develop a retail facility at their site at some point in the
future.
10. Adiourn
BRAD FYLE MOVED TO ADJOURN THE MEETING AT 6:55 PM. GRANT SALA
SECONDED THE MOTION. MOTION CARRIED 5-0.
Recorder: Kerry Burri
Date Approved:
Attest:
Angela Schumann, Community Development Director
11
Planning Commission Agenda – 01/07/14
5. Public Hearing – Consideration of an Amendment to the Monticello Zoning
Ordinance, Chapter 3, Section 4(D) – RA (Residential Amenities) District.
Applicant: City of Monticello (AS)
A. REFERENCE AND BACKGROUND:
The Planning Commission held a workshop on October 1, 2013, during which the
Commission provided staff with direction on an ordinance amendment related to the
dimensions of lots in the RA (Residential Amenities) district.
The proposed amendment relates to increases in minimum width for RA lots. The
discussion during the October workshop yielded a consensus that lot widths needed to
increase in order to better accommodate the size and style of home prescribed by the
ordinance.
An increase in width was seen as a way to accommodate the larger square footage of
homes required in the district, the retention of lot amenities (trees, for example), and the
situation of homes relative to the “5 foot rule” (which allows the garage to be no closer
than 5’ to the street than the home). The Commission discussed increasing the base
required lot width from 90 feet to 100 feet and eliminating the allowance for lot
averaging, which requires 40% of lots to be at least 100 feet in width.
Although discussed for potential amendment, the Commission seemed to agree that the
lot area requirements are sufficient at this time.
Staff has prepared an ordinance for recommendation based on the Commission’s
discussion.
However, staff would ask the Commission to consider additional discussion relative to
maintaining lot width averaging as an allowable practice in the RA District, as allowing
for averaging can provide needed flexibility in subdivision design (cul-de-sac lots, for
example). Commission could consider as an alternative to striking the clause entirely an
increase in the required percentage of lots which meet or exceed the 100 foot width.
B. ALTERNATIVE ACTIONS:
1. Motion to adopted Resolution 2014-001, recommending approval of an
Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 4(D) –
RA (Residential Amenities) District.
2. Motion to table action at this time.
C. STAFF RECOMMENDATION:
Planning Commission Agenda – 01/07/14
Staff recommends adoption of the resolution, as the proposed ordinance amendment
lends further support to achieving the City’s step-up housing objectives as stated in the
Comprehensive Plan and as regulated by the Zoning Ordinance.
D. SUPPORTING DATA:
1. Resolution 2014-001
2. Draft Ordinance No. 588
3. Monticello Zoning Ordinance, Chapter 3, Section 4(D) – RA (Residential Amenities)
District, proposed amendment redline
1
CITYOFMONTICELLO
WRIGHTCOUNTY,MINNESOTA
RESOLUTIONNO.2014-001
Date:January7,2013ResolutionNo.2014-001
MotionBy:________________SecondedBy:________________
ARESOLUTIONRECOMMENDINGAPPROVALOFORDINANCENO.566FOR
AMENDMENTTOTHEMONTICELLOZONINGORDINANCEREVISING
PERFORMANCESTANDARDSFORLOTWIDTHSINTHER-A(RESIDENTIAL
AMENITIES)ZONINGDISTRICT.
WHEREAS,theCityofMonticellohasadoptedazoningordinanceprovidingfortheregulation
oflandusesinvariouszoningdistricts;and
WHEREAS,theprovisionforahigh-amenity,low-densitysingle-familyhousingdistrictis
consistentwiththeComprehensivePlangoalsforhigh-valuestep-uphousing;and
WHEREAS,thezoningordinanceprovidesopportunityforstep-uphousingintheformoflow-
density,single-family,detachedresidentialdwellingunitsinareasofhighnaturalresidential
amenitiesincludingsuchconditionsaswoodlands,wetlands,andsignificantviews;and
WHEREAS,thezoningordinanceregulationsrequireadditionalperformancestandardsto
ensurecompatible,compliantresidentialdevelopmentinareasofhighnaturalresidential
amenities;and
WHEREAS,thePlanningCommissionhasconductedapublichearingonJanuary7th,2014to
reviewtherequestsandreceivepubliccommentontheamendment;
WHEREAS,anincreaseinrequiredlotwidthperformancestandardswillsupportthe
developmentofcompatible,compliantresidentialdevelopmentinareasofhighnatural
residentialamenities;and
WHEREAS,thePlanningCommissionfindsthattherevisionstotheR-Azoningdistrictare
necessaryandpropertomeetthestandardsoftheComprehensivePlan;
NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof
Monticello,Minnesota:
ThePlanningCommissionrecommendsthattheCityCounciladoptthezoningordinance
amendmentrevisingthelotwidthperformancestandardfortheR-A(ResidentialAmenities)
DistrictinOrdinanceNo.588.
2
ADOPTED this7th dayofJanuary2013,bythePlanningCommissionoftheCityof
Monticello,Minnesota.
MONTICELLOPLANNINGCOMMISSION
By:_______________________________
BradFyle,Chair
ATTEST:
____________________________________________
AngelaSchumann,CommunityDevelopmentDirector
ORDINANCENO.588
CITYOFMONTICELLO
WRIGHTCOUNTY,MINNESOTA
ANORDINANCEAMENDINGTITLE10OFTHEMONTICELLOCITYCODE,
KNOWNASTHEZONINGORDINANCE,BYAMENDINGCHAPTER3.4(D)–
RESIDENTIALAMENITIESDISTRICTTOINCREASEREQUIREDLOTWIDTHS
THECITYCOUNCILOFTHECITYOFMONTICELLOHEREBYORDAINS:
Section1.Chapter3.4–LandscapingandScreeningisherebyamendedasfollows:
R-A:ResidentialAmenitiesDistrict
Section3.4(D)
R-A ResidentialAmenitiesDistrict
Thepurposeofthe"R-A"residencedistrictisto
providemoveuphousingintheformoflowdensity,
singlefamily,detachedresidentialdwellingunitsand
directlyrelatedcomplementaryusesinareasofhigh
naturalresidentialamenitiesincludingsuch
conditionsaswoodlands,wetlands,andsignificant
views.
MaximumDensitythroughPUDorPerformance
Standards =10,890sq.ft.perunit(4.0unitsper
grossacre)
BaseDensity=16,000sqftperunit(2.7unitspergross
acre)
BaseLotArea
Minimum=14,000sqft.
Average=16,000sqft(atleast40%oflotscreated
throughsubdivisionshallexceed15,000sqftinsize)
BaseLotWidth
Minimum=1090ft.
Average=100ft.(atleast40%oflotscreated
throughsubdivisionshallexceed100ftinwidth)
Section4.ThisOrdinanceshalltakeeffectandbeinfullforcefromandafteritspassageand
publication.RevisionswillbemadeonlineafteradoptionbyCouncil.Copiesof
thecompleteZoningOrdinanceareavailableonlineandatMonticelloCityHall.
Typical R-ABuildingTypes
Typical R-A LotConfiguration
ORDINANCENO.588
ADOPTEDBY theMonticelloCityCouncilthis____dayofJanuary,2014.
CITYOFMONTICELLO
__________________________________
ClintHerbst,Mayor
ATTEST:
___________________________________
JeffO’Neill,CityAdministrator
VOTINGINFAVOR:
VOTINGINOPPOSITION:
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (D) R-A: Residential Amenities District
(D)R-A: Residential Amenities District
Section 3.4 (D)
Residential Amenities District
R-A
Typical R-A Building Types
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)
Base 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
100ft.
Minimum = 90 ft.
Average = 100 ft. (at least 40% of lots created
through subdivision shall exceed 100 ft in width)
Typical R-A Lot Configuration
City of Monticello Zoning Ordinance Page 91
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (D) R-A: Residential Amenities District
TABLE 3-4: R-A DEVELOPMENT STANDARDS
Max Minimum Minimum Roof
REQUIRED YARDS (in feet)
Height Minimum Floor Areas Building Pitch & Soffit
Interior Street
(stories / (sq ft) Width (vertical rise/
Front Rear
Side \[1\] Side
feet) (ft) horizontal run)
Minimum foundation
Single
sizes by home type
30 2.5 stories
35 10 20 24
Family
\[3\]
no minimum
\[2\] 35 feet
Building
soffit
2000 finishable \[4\]
\[1\]: For interior lots in R-1 and R-A districts, attached accessory st
setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet.
sideyard
\[2\]: 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.
\[4\]: 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
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 \[1\] above as related to setbacks for attached accessory structures on interior lots.
Section 3.3, Common District Requirements
Other
Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Regulations
to Consult
Section 4.11, Building Materials
(not all
Section 4.8, Off-Street Parking
inclusive)
Section 4.1, Landscaping and Screening Standards
Page 92 City of Monticello Zoning Ordinance
Planning Commission Agenda: 01/07/14
1
6. Consideration of adopting Ordinance #589 rezoning a portion of Lots 1 and 2, Block
1, Oakwood Industrial Park, from B-2 (Limited Business) to B-4 (Regional
Business). Applicant: City of Monticello (NAC/AS)
A. REFERENCE & BACKGROUND:
Property: Legal: Lot 1, Block 2, Oakwood Industrial Park
Address: 101 Chelsea Road
The subject site is located at the northeast quadrant of
Oakwood Drive/Edmonson Avenue and Chelsea Road
Planning Case Number: 2014-002
Request(s): Rezoning the subject parcel from B-2, Limited Business, to
B-4, Regional Business
Deadline for Decision: N/A (60 days)
Land Use Designation: “Places to Shop”
Zoning Designation: B-2 (Limited Business)
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.
Current Site Use: The approximately 5 acre site is currently platted as two
lots. Lot 1, Block 1 was developed as a single story metal
shell building that was used previously as a bowling alley.
Lot 2, Block 1 was developed as parking to serve the
bowling alley facility.
Surround Land Uses:
North: B-4 zoning - currently The Rink, an athletic and
entertainment complex
East: I-1 zoning - currently SMA, a light industrial use
Planning Commission Agenda: 01/07/14
2
South: B-2 zoning — Quarry Church office and youth ministry,
commercial
West: B-3 and B-4 zoning — currently vacant parcels and Best
Western Chelsea Inn
ANALYSIS
The City is requesting a rezoning from B-2 to B-4 accommodate a wider variety of
commercial land uses for the subject property, including the possible location of
Entertainment/Recreation-Indoor Commercial uses within the existing building.
The City of Monticello is the current property owner of the site.
According to City ordinance, recommendations and decisions on amendment to the
Official Zoning Map of Monticello shall be based on consideration of the following
criteria:
Whether the proposed amendment corrects an error in the original text or map; or
Whether the proposed amendment addresses needs arising from a changing
condition, trend, or fact affecting the subject property and surrounding area; or
Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the comprehensive plan.
This application request for rezoning meets both the second and third consideration for
amendment as detailed below.
Comprehensive Plan
The subject site is guided (by the Comprehensive Plan) as a "Place to Shop". The
“Places to Shop” designation is intended to accommodate uses which are primarily places
of commerce rather than places of work/employment. The rezoning of the site from
one commercial zoning designation to another is therefore consistent with the
Comprehensive Plan's land use direction.
The subject site is bordered on the west , north and south by properties currently guided
as "Places to Shop". Such properties are zoned as B -4 or B-3 districts. In contrast,
the property bordering the site directly to the east of the subject site is guided as "Places
to Work" and holds and I-I zoning designation. All of the parcels directly abutting the
intersection of Chelsea Road and Edmonson Avenue are guided for long term use as
"Places to Shop". In this regard, the rezoning request will continue to be consistent
Planning Commission Agenda: 01/07/14
3
with the pattern of transition from industrial to commercial land uses as guided by the
Comprehensive Plan for this area.
Zoning
In terms of desired zoning designation, the Monticello Zoning Ordinance states that the
"purpose of the “B-4” regional business district is to provide for the establishment of
commercial and service activities which draw from and serve customers from the entire
community or region."
Given the purpose statement, the B-4 district allows a broad variety of commercial uses
such as offices, financial institutions, restaurants and personal services (salons, spas, etc.)
as permitted uses and then allows auto-related uses such as vehicle fuel sales and vehicle
sales by conditional use. The site’s location along two collector routes supports a regional
designation for potential uses.
In 2011, the City rezoned the subject parcels to B-2 in a decision on an application
submitted by Quarry Church. At that time, the City acted proactively to zone the
property consistent with the Comprehensive Plan, which guided that site as “Places to
Shop” and to accommodate a potential sale of the property to the church. The sale
transaction did not occur for financial reasons.
In rezoning the property, the City gave consideration to the B-2 zoning as an appropriate
transition between higher intensity commercial uses on the west and the industrial sites to
the east. As to potential conflicts between commercial and industrial users, regardless of
the specific type of commercial user on this parcel, and any current or future industrial
users on adjacent parcel to the east, both are required to comply with zoning ordinances
and city codes for buffer yards, noise, dust, outdoor storage, etc. These code standards
are specifically developed to balance the impacts of land uses with the actual needs and
activities of the use itself.
B. ALTERNATIVE ACTIONS
1. Motion to adopt resolution 2014-002, recommending rezoning of Oakwood
Industrial Park, Lot 1 & 2, Block 1 from B-2 (Limited Business) to B-4 (Regional
Business).
2. Motion to deny adoption of resolution 2014-002, based on findings to be made
by the Planning Commission.
Planning Commission Agenda: 01/07/14
4
C. STAFF RECOMMENDATION
Staff recommends rezoning of the property as requested. The rezoning request from B-2
to B-4 is consistent with the 2008 Monticello Comprehensive Plan, which guides the
subject property as "Places to Shop".
D. SUPPORTING DATA
A. Resolution 2014-002
B. Draft Ordinance #589
C. Aerial Site Image
D. Official Zoning Map
E. Site Long Range Land Use Map (2008 Comprehensive Plan)
F. B -2 Purpose & Zoning Regulations
G. B -4 Purpose & Zoning Regulations
H. Monticello Zoning Ordinance Use Table
CITYOFMONTICELLO
WRIGHTCOUNTY,MINNESOTA
RESOLUTIONNO.2014-002
Date:January7th,2014ResolutionNo.2014-002
MotionBy:_____________________SecondedBy:________________________
ARESOLUTIONRECOMMENDINGAPPROVALOFAMENDMENTTOTHECITY
OFMONTICELLOOFFICIALZONINGMAPFORTHEREZONINGFROMB-2,
LIMITEDBUSINESSTOB-4,REGIONALBUSINESSFORLOT1AND2,BLOCK1,
OAKWOODINDUSTRIALPARK.
WHEREAS,theCityofMonticellohasrequestedanAmendmenttotheMonticelloOfficial
ZoningMapfortherezoningofLots1and2,Block1,OakwoodIndustrialPark;and
WHEREAS,thePlanningCommissionhasreviewedtherequestforrezoningpursuanttothe
regulationsoftheMonticelloZoningOrdinance;and
WHEREAS,thePlanningCommissionheldapublichearingonJanuary7th,2014ontherequest
andtheapplicantandmembersofthepublicwereprovidedtheopportunitytopresent
informationtothePlanningCommission;and
WHEREAS,thePlanningCommissionhasconsideredallofthecommentsandthestaffreport,
whichareincorporatedbyreferenceintotheresolution;and
WHEREAS,thePlanningCommissionoftheCityofMonticellomakesthefollowingFindings
ofFactinrelationtotherecommendationofapproval:
1.Theapplicationisconsistentwiththe2008MonticelloComprehensivePlanforPlacesto
Shop.
2.Theproposedamendmentaddressesneedsarisingfromachangingcondition,trend,or
factaffectingthesubjectpropertyandsurroundingarea,astherezoningwillcontinueto
beconsistentwiththepatternoftransitionfromindustrialtocommerciallandusesas
guidedbytheComprehensivePlanforthisarea.
NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof
Monticello,Minnesota:
1.PursuanttoMinn.Stat.§462.357,theapplicationforAmendmenttotheCityof
MonticelloOfficialZoningMapfortheRezoningfromI-1(LightIndustrial)toB-2
(LimitedBusiness)forLot1And2,Block1,OakwoodIndustrialParkishereby
recommendedtotheCityCouncilforapproval.
ADOPTED this7thdayofJanuary2014,bythePlanningCommissionoftheCityof
Monticello,Minnesota.
MONTICELLOPLANNINGCOMMISSION
By:_______________________________
BradFyle,Chair
ATTEST:
______________________________
AngelaSchumann,CommunityDevelopmentDirector
ORDINANCENO.589
CITYOFMONTICELLO
WRIGHTCOUNTY,MINNESOTA
ANORDINANCEREZONINGLOTS1AND2,BLOCK1OFOAKWOOD
INDUSTRIALPARKFROMB-2(LIMITEDBUSINESS)TOB-4(REGIONAL
BUSINESS)
155-018-001020AND155-018-001012
THECITYCOUNCILOFTHECITYOFMONTICELLOHEREBYORDAINS:
Section1.ThefollowinglotsareherebyamendedtorezonefromB-2(LimitedBusiness)
toB-4(RegionalBusiness):
AllofLot1,Block1,OakwoodIndustrialPark,accordingtotherecordedplat
andsurveyonfileandofrecordintheOfficeoftheRegisterofDeeds,Inandfor
saidCounty,Lessandexcept,theNorth300.79feetofsaidLot1,Block1and
Lessandexceptthefollowingdescribedparcel,towit:Commencingatthe
SouthwestCorneroftheNorth300.79feetofsaidLot1,Block1,Oakwood
IndustrialPark,thenceinaNortherlydirectionupontheWesterlylineofsaid
describedparcel75.00feet,thenceEasterlyatarightangle100.00feet,thence
Southerlyatarightangle75.00feet,thenceWesterlyatarightangle100.00feet
tothepointofbeginningontheWestLine,ANDTheSouthhalfofLot2,Block
1,OakwoodIndustrialPark
Section2.TheOfficialZoningmapunderTitle10,Section3.1oftheZoningOrdinance
shallbeamendedaccordinglybyadoptionofOrdinance#589tobeapproved
th
bytheMonticelloCityCouncilonJanuary13,2014.
Section2.ThisOrdinanceshalltakeeffectandbeinfullforcefromandafterits
passageandpublication.Revisionswillbemadeonlineafteradoptionby
Council.CopiesofthecompleteZoningOrdinanceareavailableonlineand
atMonticelloCityHall.
ADOPTEDBYtheMonticelloCityCouncilthis13thdayofJanuary,2014.
CITYOFMONTICELLO
_____________________________
ClintHerbst,Mayor
ATTEST:
_____________________________
JeffO’Neill,CityAdministrator
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November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use Plan
Legend
Places to Live
Places to Shop
Places to Work
Places to Recreate
Places for Community
Downtown
Mixed Use
Interchange Planning Area
Urban Reserve
Infrastructure
Rivers and Streams
Public Waters Inventory
Wetlands (National & Public Waters Inventories)
Potential Greenway
Potential Interchange
Future Bridge
Existing Arterial or Collector Road
Proposed Arterial or Collector Road
Powerline
Monticello City Boundary
Orderly Annexation Area
Amended by City Council Resolution 2011-92, September 26, 2011
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (D) B-2: Limited Business District
City of Monticello Zoning Ordinance Page 113
(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 114 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 (F) Regional Business District
City of Monticello Zoning Ordinance Page 117
(F) Regional Business District
Section 3.5 (F)
B-4 Regional Business District
The purpose of the “B-4” regional business district is to
provide for the establishment of commercial and service
activities which draw from and serve customers from the
entire community or region.
Base Lot Area
No minimum
Base Lot Width
No Minimum
Typical B-4 Building Types
Typical B-4 Lot Configuration
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (F) Regional Business District
Page 118 City of Monticello Zoning Ordinance
TABLE 3-14: B-4 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 0 0 0 0
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
Page 312 City of Monticello Zoning Ordinance
(c) Interim Permitted Uses = I
An “I” indicates that a use may be permitted for a brief period of time
provided certain conditions are met, and a specific event or date can be
established for discontinuance of the use. Inability of the City ]o establish
conditions to adequately control anticipated impacts is justification for denial
of an interim permitted use. Interim Permitted Uses may also be subject to
special regulations as referenced in the “Additional Requirements” column.
(d) Prohibited Uses = Shaded Cells
A shaded cell indicates that the listed use is prohibited in the respective base
zoning district.
(e) Unlisted Uses
If an application is submitted for a use that is not listed in Table 5-1, the
Community Development Department is authorized to classify the new or
unlisted use into an existing Use Type that most closely fits the new or
unlisted use. If no similar use determination can be made, the use will be
considered prohibited in which case an amendment to the ordinance text
would need to be initiated to clarify if, where, and how a proposed use could
be established.
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Agricultural Uses
Agriculture P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5
-1A
P P P 5.2(B)(1)
Agricultural Sales P 5.2(B)(2)
Community Gardens P P P P P P P P P 5.2(B)(3)
Stables C 5.2(B)(4)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 313
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P C
*SE
E
T
A
B
L
E
5-1A
5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C C 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential
Facility, Single Family P P P P P 5.2(C)(3)
Group Residential
Facility, Multi-Family C C C 5.2(C)(3)
Mobile & Manufactured
Home / Home Park C C C P C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities
(public) P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5-1A
P P P None
Active Park Facilities
(private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C 5.2(D)(2)
Cemeteries C C C C C C C 5.2(D)(3)
Clinics/Medical Services C P P C None
Essential Services P P P P P P P P P P P P P P P None
Hospitals C P P C 5.2(D)(4)
Nursing/Convalescent
Home C C C C C C C C C P P 5.2(D)(5)
Passenger Terminal C C C C None
Passive Parks and Open
Space P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(6)
Schools, K-12 C C C C C C I I 5.2(D)(7)
Schools, Higher
Education C None
Place of Public Assembly C C C C C P 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9)
Office Uses
Offices P P C P * P P P 5.2(E)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 314 City of Monticello Zoning Ordinance
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Commercial Uses
Adult Uses
*SE
E
T
A
B
L
E
5-1A
P P 3.7(K)
Auction House C 5.2(F)(2)
Auto Repair – Minor C C P P 5.2(F)(3)
Automotive Wash Facilities P C 5.2(F)(4)
Bed & Breakfasts C C C C C 5.2(F)(5)
Boarding House C 5.2(F)(6)
Business Support Services P P P P P None
Commercial Lodging C P P 5.2(F)(7)
Communications/Broadcasting P P P P 5.2(F)(8)
Convenience Retail C P P P 5.2(F)(9)
Country Club C 5.2(F)(10)
Day Care Centers C C P P C 5.2(F)(11)
Entertainment/Recreation,
Indoor Commercial P C C C 5.2(F)(12)
Entertainment/Recreation,
Outdoor Commercial C C C C 5.2(F)(13)
Financial Institution P C P 5.2(F)(14)
Funeral Services P P 5.2(F)(15)
Kennels (commercial) C 5.2(F)(16)
Landscaping / Nursery
Business P 5.2(F)(17)
Personal Services C P P P P P 5.2(F)(21)
Recreational Vehicle Camp
Site C C 5.2(F)(23)
Repair Establishment C P P 5.2(F)(24)
Restaurants C P P 5.2(F)(25)
Retail Commercial Uses
(other) P P P 5.2(F)(26)
Specialty Eating
Establishments C P P P 5.2(F)(27)
Vehicle Fuel Sales C C C 5.2(F)(28)
Vehicle Sales and Rental C C 5.2(F)(29)
Veterinary Facilities (Rural) C 5.2(F)(30)
Veterinary Facilities
(Neighborhood) C C C 5.2(F)(30)
Wholesale Sales P P P None
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 315
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Industrial Uses
Auto Repair – Major C
*SE
E
T
A
B
L
E
5-1A
P P 5.2(G)(1)
Bulk Fuel Sales and
Storage P P 5.2(G)(2)
Extraction of Materials I I I 5.2(G)(3)
General Warehousing C C P P 5.2(G)(4)
Heavy Manufacturing C 5.2(G)(5)
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)(6)
Light Manufacturing C P P P 5.2(G)(7)
Machinery/Truck Repair
& Sales P P 5.2(G)(8)
Recycling and Salvage
Center C C 5.2(G)(9)
Self-Storage Facilities P C P 5.2(G)(10)
Truck or Freight
Terminal C P P 5.2(G)(11)
Waste Disposal &
Incineration C 5.2(G)(12)
Wrecker Services C P 5.2(G)(13)
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)
Planning Commission Agenda- 01/07/14
1
7. Public Hearing – Consideration to recommend for the adoption the 2014 City of
Monticello Official Zoning Map. (AS)
A. BACKGROUND
The Planning Commission is asked to continue action on adoption of an Official
Zoning Map at this time.
Staff reviewed the proposed Official Zoning Map for 2014 and has determined that
additional delineation of shoreland boundaries is necessary to provide clarity along
the Mississippi River and Otter Creek, as required by the text of the zoning
ordinance.
At the present time, staff is working with WSB & Associates and the DNR to
determine the appropriate overlay boundary for the Shoreland District. Shoreland
areas are regulated under state statute and are defined as:
SHORELAND: Land located within the following distances from public water:
(A) 1,000 feet from the ordinary high water mark of a lake, pond, or flowages.
(B) Three hundred (300) feet from a river or stream, or the landward extent of a flood
plain designated by ordinance on such river or stream, whichever is greater. The
limits of shorelands may be reduced whenever the waters involved are bounded by
topographic divides that extend landward from the waters for lesser distances and
when approved by the Commissioner of the Department of Natural Resources or the
commissioner’s designated representative.
(C) The area included in the recreational land use districts for the Mississippi River as
defined in Minnesota Rules Chapter 6105.0800-0950.
The shoreland boundary along the Mississippi River and Otter Creek will need to be
set based on whichever is greater in requirement (B) above: the 300’ extent or the
floodplain extent. In regard to the floodplain boundary, the Federal Emergency
Management Agency is currently working on revised floodplain mapping for Wright
County as related to the preparation of new Flood Insurance Rate Maps (FIRMs).
The last mapping for the City of Monticello floodplain was completed in 1979 with
the Flood Insurance Rate Maps (FIRMs). Due to both natural and development-
related causes, the floodplain areas of the community may have shifted since that
time. In addition, the mapping will need to be updated to reflect municipal boundary
line adjustments (annexations).
In summary, the shoreland boundary is difficult to determine until the floodplain
maps are completed and approved through the regulatory process.
The Commission may also recall that the Mississippi River is also subject to the
Mississippi Wild Scenic and Recreational River District regulations, the boundary
for which has been set in statute and is shown on the Official Zoning Map.
Staff’s intention is to bring the revised Official Zoning map to the Planning
Commission as soon as the shoreland boundary issues can be resolved.
The map included for review will also include all 2013 rezoning actions, including:
Ordinance #581 – Rezoning 108 Cedar Street from R-2 to CCD, F-2.
B. ALTERNATIVE ACTIONS
1. Motion to continue action on a recommendation for adoption of the 2014 City of
Monticello Official Zoning Map to the February regular meeting of the
Commission.
2. Motion of other.
.
C. STAFF RECOMMENDATION
Staff recommends Alternative 1.
D. SUPPORTING DATA
Exhibit A: 2013 Official Zoning Map
Planning Commission Agenda – 1/07/2013
1
8. Consideration to adopt a Public Values Statement for Collaborative Stage PUD
for a K-12 Educational Use in the R-3 (Medium Density Residence) District and
CCD (Central Community District). Applicant: SRCS Building
Company/Miller, Eric (NAC)
Property: Legal: Lots 6 and 7, Block 10, and Lots 8, 9, and 10 of
Block 11, Original Plat of Monticello
Address: 503 and 500 Maple Street
Planning Case Number: 2013-002
A. REFERENCE & BACKGROUND:
Request(s): Collaborative Adoption of Public Values Statement for
a Planned Unit Development
Deadline for Decision: February 1st, 2014
Land Use Designation: Places to Live/Places for Community
Zoning Designation: R-3, Medium Density Residential and CCD, Central
Community 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.
The purpose of the “CCD” Central Community District
is 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.
Overlays/Environmental
Regulations Applicable: NA
Current Site Use: Single-Family Residential (503 Maple) and K-12
School (500 Maple).
Planning Commission Agenda – 1/07/2013
2
Surrounding Land Uses:
North: Railroad/Institutional
East: Community Center
South: Low Density Residential
West: Low Density Residential
Project Description: The proposed project consists of an expansion of the
existing Swan River Montessori School facility with a
new, separate building to be constructed across Maple
Street to the west of the existing School. The new
building will be used for classroom and office space, in
conjunction with the school activities in the existing
building.
The purpose of using Planned Unit Development, and
thus, the adoption of the attached Public Values
Statement, for this project is to permit the applicants to
expand the facility on a separate site, but continue to
share common facilities (such as parking, student drop-
off, and other site elements) without providing separate
support facilities on both parcels. Subsequent stages of
PUD review will examine how the properties work
together despite the intervening roadway.
ANALYSIS
General project description:
The applicant is seeking a Planned Unit Development to allow the operation and
expansion of its existing Montessori School which lies on the east side of Maple
Street. The applicant is seeking to expand the facilities to provide additional
classroom and office space, and to comply with the requirements for Special
Education under state law. A portion of the new building will accommodate large
meeting and music space that is not available in the current building, as well as
outdoor space. No increase in student population is planned as a result of the
expansion – the new building space is intended to supplement the existing
curriculum.
List of materials submitted in support of the application:
Project Narrative
Generalized Site Plans
Generalized Floor Plan
Planning Commission Agenda – 1/07/2013
3
Process for PUD application and review:
The first step in the PUD process is for the applicant’s preliminary materials to be
reviewed by City staff in a pre-application meeting. That meeting was held in mid-
November. The collaborative process defined by the PUD ordinance begins with a
joint meeting with the Planning Commission and City Council.
Step 1: Joint Planning Commission/City Council Workshop
Meeting Objective: Development of a Project Values Statement
The Project Values Statement is intended to lay out the common objectives held by
both the City and developer for the PUD. The Public Values Statement will be used
as the evaluative tool for the City in determining the eventual acceptability of the
project for PUD consideration. Thus, it also serves as the design guideline for the
developer as they work through the PUD design and review process. For the
collaborative PUD process to be successful, it is imperative that the Values Statement
addresses as many of the important issues as possible, whether those are developer or
community interests.
The resulting Values Statement is a POLICY document, not a TECHNICAL
one. Therefore, it will identify Goals and Objectives, but not precise design
details. It is essentially a mini-Comprehensive Plan for the subject property,
used to design and critique the new custom Zoning District being written for
the proposed project.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt the final Public Values Statement for the Swan River Montessori
expansion.
2. Motion to deny or delay consideration of the public values statement for this
project.
C. STAFF RECOMMENDATION:
Staff recommends Alternative 1, based on the comments made at the Joint Workshop.
D. SUPPORTING DATA:
A. Proposed Public Values Statement for Swan River Montessori School
Public Values Statement
Swan River Montessori
Planned Unit Development at:
Lots 6 & 7 of Block 10, Original Plat of Monticello, and
Lots 8, 9 & 10 of Block 11, Original Plat of Monticello
This document establishes the “Public Values Statement” for the proposed Planned Unit
Development District to be created on the properties located at 503 and 500 Maple
Street, between 4th St. W. and 5th St. W. in the downtown Monticello area. The
document is the product of collaborative work between the applicant and the City,
including a joint Developer - City Council – Planning Commission meeting. The Public
Values Statement is intended to lay out the goals and policy standards that the
developer will utilize in the design of their project, and the City will uti lize in evaluating
the various staged applications for PUD approvals.
1. The applicants and the City would like the architecture of the proposed school
building to conform to the architecture on the existing Swan River Montessori
school building. Continuity of architectural materials between the two related
school buildings is more important than architectural style. In addition, the
applicants would like the buildings to feature green options (i.e. steel roof
shingles, native landscaping, and geothermal heating and cooling), some of
which may vary from traditional visible forms in Monticello. The City supports this
approach in general, pending details in the specific plans.
2. The proposed PUD site includes a Central Community District parcel, guided for
downtown land uses, and an R-3 Medium Density Residential District parcel,
guided as a “Place to Live.” The PUD will encompass two Swan River
Montessori school buildings, which are an institutional use compatible with both
districts. However, because a new school building will be developed on a
previously residential parcel adjacent to other residential parcels, the City would
like to see the development emphasize screening and landscaping, in order to
make the institutional site less intrusive from adjacent residential parcels.
Methods for doing so may include the creation of a continuous landscaping
hedge buffer around the school site.
3. The developer would like to implement native landscaping around the new school
site, to serve school activities, beautify the site, and treat stormwater movement
across the site. Native plantings need to adhere to City objectives for
landscaping requirements as pertains to size and location, and shall be managed
over time to preserve the quality of plantings and prevent invasion from invasive
species and weeds.
4. The City and developer will work together to manage traffic patterns around the
PUD site, and promote safe pedestrian movement between the adjacent school
buildings. The proposed building is not intended to serve an increase in
enrollment, but rather will provide improved schoo l spaces for existing enrollees.
As there will be no increase in density on the site, the developer is not proposing
additional parking or drives. Rather, the developer would like to explore traffic
design intended to prevent traffic congestion on the public right of way and
increase traffic control for pedestrian safety. Methods for doing so may include
the implementation of crosswalks on Maple Street and the creation of bump ins
on the road for parking or deliveries outside of the new school building.
5. The City confirms that the proposed development and its proposed land use is
consistent with the intent and direction of the City’s future land use plans for the
area.
6. Benefits of the use of PUD on this property include allowing the expansion and
improvement of a valued educational institution in the downtown area . As
described, the new school building does not coincide with an increase in the
student population, but instead is intended to supplement the existing curriculum.
New parking and driveway facilities are required, but a PUD designation is
applicable to facilitate the interaction of the two related school sites. Other
benefits include attractive, environmentally sensitive architecture, and managed
traffic access and circulation patterns that will fit within the context of the
downtown area.
7. The City expresses its intent to permit flexibility in site access, parking supply,
architecture, and landscaping which may not be otherwise available to the
development of individual parcels.
Pursuant to these values and declarations, the applicant has expressed an interest in
seeking development of the subject property under the regulations of the City’s Planned
Unit Development ordinance, and has received encouragement from City officials to
proceed with formal applications and the required public process. The adoption of this
Public Values Statement does not bind the applicant to a specific design, nor does it
bind the City to a general approval of a PUD request. However, this statement
expresses the good will of both applicant and City in pursuing the current course, in
general anticipation of successful project approvals based on current information.
Planning Commission Agenda – 01/07/14
1
9. Consideration of a request for extension of a Conditional Use Permit for a Drive-
Through Facility, Joint Parking and Joint Access. Applicant: SA Group Properties,
Inc. (AS)
A. REFERENCE AND BACKGROUND
SA Group Properties, Inc. is requesting an extension of the conditional use permit issued
for a commercial development project at Broadway Market.
On August 1st, 2006, the Planning Commission reviewed and recommended approval of
a Conditional Use Permit for cross parking, cross access and a drive-through for the
commercial development proposed at the corner of CSAH 75 and CSAH 39. The site is 2.38
acres in area and is zoned B-4, Regional Business. The City Council approved the CUP in a
series of approvals on August 28th, September 25th and October 9th, 2006. The Planning
Commission has extended the CUP for successive one year terms since the time of approval.
Due to non-use, the conditional use permit for the CUP was set to expire on September
25, 2013.
The applicant was contacted in August of 2013 regarding the past extensions and
accordingly submitted a letter of request for one year extension of the CUP. Since that
time, staff discussed with the applicant the nature of the CUP and the likelihood that the
CUP would need to be amended at the time of actual development. As amendments to
CUP follow the same process as approval of a new CUP, staff indicated to the applicant
that two options could be considered – extension of the current CUP, with the
understanding that an amendment would more than likely be necessary in the future; or
expiration of the existing CUP with a new CUP application at time of development.
The applicant has discussed both options with their legal counsel and has determined that
due to existing private reciprocal easements of record and existing access and parking
improvements on the subject sites, the preference at this time is to continue extending the
CUP. The applicant stated verbally to staff that they do understand that an amendment to
the CUP will be necessary for any development which does not reflect approved plans.
Those plans are attached to this report.
The owner of the adjacent lot, M & I Bank, has not sought an extension of the CUP
specific to the drive-through proposed for that parcel, which was approved separately in
September of 2008.
The Planning Commission will note that the property owner has taken steps to properly
maintain the site in accordance with City Code. Staff continues to monitor the site for
compliance.
Any extension of the CUP is conditioned on continued compliance with City codes
relative to public nuisances. All previously approved conditions will also apply to any
extension of the permit.
The planning report for the original item has been provided for reference.
Planning Commission Agenda – 01/07/14
2
B. ALTERNATIVE ACTIONS
1. Motion to recommend extension for one year of the September 25th, 2006
Conditional Use Permit for a Drive-Through Facility, Joint Parking and Joint
Access for the Broadway Market Development, with the condition that all
previously approved conditions be assigned to the extension.
2. Motion to recommend denial of an extension of the September 25th, 2006
Conditional Use Permit for a Drive-Through Facility, Joint Parking and Joint
Access for the Broadway Market Development, based on a finding to be made by
the Planning Commission.
3. Motion of other.
C. STAFF RECOMMENDATION
Staff recommends approval of the extension request. The request is consistent with
current and proposed objectives for the B-4 District.
D. SUPPORTING DATA
Exhibit A: Applicant Request
Exhibit B: Planning Commission Report, August 1, 2006
Exhibit C: Conditional Use Permit Plan documents
Planning Commission Agenda – 01/07/14
1
10. Consideration to review a summary and recommendation of next steps as
related to R-4 (High Density Residence) Workshop. (NAC)
Legal: NA
Planning Case Number: NA
A. REFERENCE & BACKGROUND:
Request(s): Consider next steps and requirements for rezoning areas
to R-4, High Density Residential.
Deadline for Decision: NA
Land Use Designation: NA
Zoning Designation: The purpose of the “R-4” high density residential
district is to provide for high density housing in
multiple family structures over twelve (12) units for
conditional use or planned unit development projects,
and directly related, complementary uses.
Overlays/Environmental
Regulations Applicable: NA
Current Site Use: NA
Surrounding Land Uses: NA
ANALYSIS
The Planning Commission and City Council met in joint session to discuss options
for implementing the R-4 Zoning District in future development proposals. When the
R-4 district was established, it was designed to be quite prescriptive in its
requirements, with the general intent being that high standards for development
quality (an otherwise ambiguous phrase) would be established up-front. The trade for
significantly higher standards was the willingness to increase density, and sometimes
building size, to accommodate the costs and physical requirements imposed by the
new standards.
Left undetermined at the time of adoption of the district were potential locations for
R-4 zoning. It was generally understood that there were a wide variety of criteria that
may contribute to an appropriate or inappropriate location for high density
development. The Comprehensive Plan does not direct higher density by land use
Planning Commission Agenda – 01/07/14
2
categories – the general category of “Places to Live” is used for all residential
development.
Instead, the City has two alternatives to approach high density residential land use:
(1) designate those locations on the zoning map by reaching a consensus on site and
area factors, thereby directing potential developers to those locations; and/or (2) agree
on the factors as noted in the first alternative, but retain the decisions for specific
rezoning to case-by-case application.
Both alternatives can be utilized, or either one separately. The first alternative would
suggest a larger analysis, and then a larger rezoning action, perhaps contemporaneous
with the City’s annual zoning map adoption. The second requires agreement on the
principles and factors, then some form of formal adoption of those to guide the case-
by-case requests as they come up. Formal adoption could include an amendment to
R-4 district, specifying the site characteristics under which a rezoning decision would
be considered, or it could include an amendment to the Comprehensive Plan.
Factors and principles were discussed at the joint workshop referred to above. There
were several such considerations that came out of the workshop, with varying priority
and combinations. Along with a general comment that factors work in combination,
and no single factor is determinative. We have summarized those factors as follows:
1. Replacement Land Use. This factor incorporates an idea that in rezoning
property to R-4, some other zoning category will be lost on the subject site.
The consensus of the joint workshop was that R-4 zoning could fit the
following zoning categories and circumstances, with appropriate clarifications
specific to any individual site:
A. Land already zoned R-3 would likely be appropriate for the R-4
district:
B. Land currently zoned for commercial uses, but which would not be
considered “prime” commercial, would likely be appropriate for R-4.
C. Land currently zoned for commercial uses, but which would be
considered “prime”, would not likely be appropriate for rezoning to a
residential category, in an effort to protect those areas that show the most
promise for commercial use in the future.
2. Local transportation network. Access to major streets, or at the very
minimum, avoidance of traffic generation that would utilize local streets for
lower density residential areas, is a requirement of an R-4 rezoning
consideration.
3. Architectural Compatibility and Building Massing. The joint meeting
participants generally agreed that when located very near lower density
residential areas, the size and massing of the building or buildings in the R-4
project would be a consideration for denying an R-4 proposal. R-4 projects
Planning Commission Agenda – 01/07/14
3
would need to be lower profile, or screened and buffered by distance and
natural features (such as mature trees and topography) when near low density
residential.
4. Adequate public facilities. A baseline factor for multi-family residential
location would be a requirement for essential public services such as utilities
and open space. High quality R-4 property would have positive relationships
to public parks and/or pathways without overly burdening them. This can
include a requirement to provide additional facilities to meet the City’s open
space planning policies.
5. Proximity to Lower Density Residential Neighborhoods. Proximity to lower
density was not considered to be an automatic disqualifier for R-4 zoning
consideration. Instead, a more “performance-based” combination of the
factors above would prevail in such situations.
6. Proximity to other High Density Residential Neighborhoods. It was noted in
the joint meeting that an over-concentration of high density residential can be
a factor that leads to the negative stereotype that high-density housing carries.
As such, proximity to other multi-family areas may be seen as a negative,
depending on the nature and concentration of the existing housing.
As a final comment, it did not appear to be the joint workshop intent to actively
rezone land to the R-4 District, but rather, to adopt some sort of parameters to such
requests. The alternatives below ask the Planning Commission to consider calling for
a public hearing to amend the Comprehensive Plan and/or the R-4 Zoning District to
incorporate the consensus factors into the City’s official policy or technical land use
documents. With those in place, the City should have a more common baseline for
evaluating future requests for R-4 zoning and development.
B. ALTERNATIVE ACTIONS:
1. Motion to call for a public hearing to amend the R-4 Zoning District to
incorporate factors and principles into the code to manage and direct the locations
for future R-4 areas.
2. Motion to call for a public hearing to amend the Comprehensive Plan to
incorporate factors and principles into the code to manage and direct the locations
for future R-4 areas.
3. Motion to table action on the item, pending additional information as requested by
the Commission.
Planning Commission Agenda – 01/07/14
4
C. STAFF RECOMMENDATION:
Staff would support either action (zoning or Comp Plan amendment), and believe that
both may be appropriate to reinforce the City’s commitment to high density housing
that will be considered to be a positive addition to the community’s housing stock, or
the highest quality and well located to be successful without compromising existing
neighborhood areas. Thus, both Alternatives 1 and 2 would be recommended.
D. SUPPORTING DATA:
A. Minutes of Special Joint Workshop of the City Council & Planning Commission,
November 25, 2013
B. Comprehensive Plan – Chapter 3, Land Use, Places to Live, excerpt
C. Monticello Zoning Ordinance, Chapter 3, excerpt
Land Use | 3-52008 Comprehensive Plan ~ Updated 2013
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.
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
Figure 3-3: Land Use Plan - Places to Live
3-6 | Land Use City of Monticello
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:
f Provide housing suited to the needs of an aging
population.
f Facilitate redevelopment in the Downtown or in
other appropriate locations of the community.
f 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
where the setting can accommodate the taller buildings
and additional traffic.
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.
5. 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.
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
Land Use | 3-72008 Comprehensive Plan ~ Updated 2013
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 of housing as family size and income
changes over time. 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
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
Figure 3-4: Life Cycle of Housing Supply
3-8 | Land Use City of Monticello
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 conflicts with 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.
5. 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.
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
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
Figure 3-5: Relationship Between Development and
Natural Features - Parkway
Figure 3-6: Relationship Between Development and
Natural Features - Trail Corridor
Land Use | 3-92008 Comprehensive Plan ~ Updated 2013
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
preserve the natural environment. The illustrations in
Figure 3-7 shows elements of the Chevalle development
in Chaska. Using open space design and rural
residential cluster development techniques, HKGi’s
concept plan provides for a variety of housing options
while preserving a majority of the area as permanent
open space, including public and common open
spaces. Amenities would include access to protected
open spaces (lakeshore, woods, meadows, pastures,
wetlands), walking/biking trails, equestrian trails
and facilities, common outdoor structures and an
environmental learning center. The experience of other
Figure 3-7: Example of Conservation Design Development
OPEN SPACE DESIGN
-Pastures
-Equestrian Facility
-Wetlands Enhancements
-Conservation Easements
-Central Park
-27 Acre Park South of Lake
NORTHEAST NEIGHBORHOOD
Total Housing Units:66
Custom, Luxury Twin Homes
Lot Width:45’x 90’Twinhome
Lot Size:4,050 Sq. Ft.
House Sq. Ft.:2,800 to 3,800 Sq. Ft.
Price Point Packages:$475,000 to
$750,000
NORTHWEST NEIGHBORHOOD
Total Housing Units:98
Semi-Custom, Single-Family Homes
Lot Width:82’Minimum
Lot Size:9,900 to 16,000 Sq. Ft.
House Sq. Ft.:2,400 to 4,800 Sq. Ft.
Price Point Packages:$450,000 to
$650,000
NEIGHBORHOOD FEATURES
-Central Park
-Northeast Neighborhood Green
-South Neighborhood Green
-Association Dock and Park
3-10 | Land Use City of Monticello
cities and developments can guide future planning and
decision making in Monticello.
Attractive Places
Attractive physical appearance is one of the most
common attributes of Places to Live in Monticello.
Attractiveness is a combination of design, construction
and maintenance. These characteristics apply to
buildings and sites. Attractiveness is relevant for both
private and public property. Attractiveness reflects
individual pride in property as well as an overall sense
of community quality.
The City may use a variety of regulatory tools to
influence the potential for attractive neighborhoods:
f Building codes and additional regulations to
promote quality construction.
f Subdivision regulations control the initial
configuration of lots.
f Zoning regulations establish limitations on the size
of lots, placement of the house on a lot, relationship
of structure size to lot area, and building height.
f Nuisance ordinances enable the City to prevent and
correct undesirable uses of property.
f Other City regulations control other ancillary uses
of residential property.
Maintenance of property is a factor in sustaining
quality neighborhoods. The tenure (form of ownership)
influences the responsibility for housing maintenance.
The owner-occupant of a single family detached home
is solely responsible for the maintenance of building
and grounds. If this same home is rented, maintenance
responsibilities are often shared between tenant and
owner. This relationship may include a third party
property manager retained by the owner to perform
maintenance duties. Owners of attached housing may
act collectively through a homeowner’s association.
In multiple family rental housing, the tenants have no
direct responsibility for property maintenance. This
discussion does not imply a preference, but is intended
solely to highlight the differences. This understanding
becomes relevant when public action is needed to
address a failure of the private maintenance approach.
Nuisance ordinances are one tool used by the City
to address failures in private maintenance and use of
property.
Economics also influences property maintenance. The
greater the portion of income devoted to basic housing
costs (mortgage/rent, taxes, utilities), the less money
available for maintenance activities. Maintenance
can be deferred, but not avoided. If left unchecked,
this cycle of avoided maintenance produces negative
effects.
Safe Places
Safety is frequently identified as the most desired
characteristic of Places to Live. Several aspects of the
Comprehensive Plan and city government influence
safe neighborhoods.
1. The City will encourage existing neighborhoods
and develop new neighborhoods where people
are involved in the community, interact with their
neighbors and support each other.
2. The City will design, build and maintain a system
of streets that collects traffic from neighborhoods,
allows movement within Monticello to jobs,
shopping and other destinations and minimizes
traffic that “cuts through” neighborhoods on local
streets seeking other destinations.
3. The City will provide, directly or by contract,
services needed to protect people and property.
4. The City will support the Land Use Plan with a
water supply that provides clean water at pressures
needed to support fire suppression.
5. The City will protect the natural environment
by requiring new development to connect to the
sanitary sewer system and by adequately treating
all municipal wastewater.
6. The City will provide water that is safe to drink by
protecting water supply sources.
Places to Work
This land use is primarily intended for industrial
development. Places to Work seeks to provide
locations for the retention, expansion and creation of
businesses that provide jobs for Monticello residents
and expansion and diversification of the property tax
base. In order to be a center of employment with a wide
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (I) R-4: Medium-High Density Residence District
City of Monticello Zoning Ordinance Page 103
(I) R-4: Medium-High Density Residence District
Section 3.4 (I)
R-4 Medium-High Density Residence District
The purpose of the “R-4”, medium-high density residential district is to provide for medium to high
density housing in multiple family structures of 13 or more units per building, and at densities of between
10 and 25 units per acre. The district is intended to establish higher density residential opportunities in
areas appropriate for such housing, including those areas with access to commercial and/or medical
services, higher capacity transportation facilities, and other adequate public services including park and
pathway access. The City of Monticello shall zone land to the R-4 District only when, in its sole
discretion, all aspects of the property support the potential uses of the R-4 district, including location,
private and public services, and compatibility with existing and future land uses in the area. This district
is intended to provide exclusively multiple family housing as defined in this ordinance, as opposed to
lower density housing types such as townhouses, two-family homes, or single family homes.
Minimum and Maximum Density:
10 – 25 dwelling units per acre
Maximum Base Density:
1,750 sq. ft. per unit (25 units per acre)
Maximum Density through Planned Unit
Development:
1,750 sq. ft. per unit (25 units per acre)
Base Lot Area
Minimum = 30,000 square feet
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (I) R-4: Medium-High Density Residence District
Page 104 City of Monticello Zoning Ordinance
TABLE 3-9: R-4 DEVELOPMENT STANDARDS
R-4 District
Multi-Family (13+ units / building)
Base Lot size 30,000 sf
Gross Density 10-25 du/acre
Max Density w/o PUD NA
Net lot area per du Max 1,750 sf/du
Front setback 100 feet
Corner side setback 40 feet
Interior side setback 30 feet
Rear setback to building 40 feet
Clear open space setback from
ROW
60 feet
Clear open space setback from
Property Line
40 feet – no more than 50% of any yard facing a street covered with parking/drive aisles
Buffer Req. to Single Family C buffer
Common open space per du 500 sf/du
Landscaping 2 ACI/ 2,500 sf open space + 4 shrubs /10 feet bldg. perimeter
Parking requirements 2.25 spaces/du, with max 1.1 space/du uncovered
Architecture 20% street min frontage covered with enhanced materials, horizontal siding of steel or
cement-board only (no vinyl or aluminum)
Roofs 5:12 pitch, plus roof ridge line articulation of 3 feet min.
Unit square feet 900 sf finished floor area per unit, minimum
Garages Attached or Underground
Detached accessory garages allowed only after base requirements are met
Garage Setback May not access street directly – must be served by interior driveway
Garage Doors Must include glass and decorative panels if visible from public street or adjoining
residentially zoned property
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (I) R-4: Medium-High Density Residence District
City of Monticello Zoning Ordinance Page 105
Table 3-9 (continued)
PUD Options for
Multi-Family Buildings Multi-Family (6 – 12 units / building)
Landscaping Increased landscape quantities and/or sizes beyond code minimums; Special landscape
features including water features, recreational structures, patios, etc.
Open Space Increased open space areas per unit beyond code minimums of 10% or more
Parking All required garage parking underground
Building Materials Increased use of stone, brick beyond front, or on other exterior walls
Architecture Extensive use of ornamental features, building and/or roofline articulation, fenestration
and building wall undulation atypical of other buildings in similar zoning districts
Site Work Use of decorative paving materials in parking, sidewalks, etc.;
Extensive use of ornamental site lighting or similar features.
Housing for Seniors restricted
to 55 years of age or more
Accommodations to design and density through PUD process only
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (J) M-H: Manufactured Home Park District
Page 106 City of Monticello Zoning Ordinance
(this page is intentionally blank)
Planning Commission Agenda: 1/07/14
1
11. Consideration to review for recommendation the extension of Interim Ordinance
#568 for Temporary Signs. (AS)
A. REFERENCE & BACKGROUND:
In February of 2011, the City of Monticello adopted an interim ordinance allowing for an
expansion in allowances for temporary signage. The interim ordinance was extended for
an additional year in February of 2012 and again in January of 2013.
The interim ordinance expired January 1, 2014. The Planning Commission is asked at
this time to recommend to the Council extension of the interim ordinance, or to
recommend an alternative action, such as directing staff to prepare draft amendments to
the zoning ordinance for consideration and public hearing.
The interim ordinance regulating temporary signs was adopted to allow the City an
opportunity to analyze the temporary sign usage issue over a period of time and whether
amendments to the “Signs” sub-section of the zoning ordinance were necessary to
address issues with the existing ordinance. The primary issues for evaluation were
number of allowable days of use, allowance per business versus building or parcel, and
sign size.
The following table illustrates a comparison in flexibility between the existing zoning
ordinance and that as allowed under the interim ordinance.
Code Requirement Existing Ordinance Interim Ordinance
Signs Allowed Per parcel Per business, sign must be
located on parcel on which
business in located
Number of Signs per
Location
1 1 sign every 75 linear feet of
ROW, 1 sign per business
Number of Days (Annual) 40 Unlimited
Square Footage of Sign 32 sq. ft. 40 sq. ft.
Permit Required Yes Yes
The interim ordinance also provided additional temporary sign allowances as follows.
Subject to other provisions of Section 4.5(I), one (1) additional flag device
shall be permitted for a restaurant business with outdoor seating for a period
of up to one hundred and fifty (150) days, to be located within or along their
outdoor seating area. Such signage shall not be limited by the provisions of
Sections 4.5(I)(1).
Planning Commission Agenda: 1/07/14
2
One (1) sign shall be allowed per street frontage on non-residential properties
when a property is seeking to hire or employ personnel, provided that:
o Sign may be up to forty (40) square feet in area.
o Sign must be on the property on which the business is located.
o Sign may not be located within a public right of way or easement.
The interim ordinance also incorporated provisions which relate to enforcement matters
for temporary signage. These are regulations which stipulate that temporary signs may
not be placed within public rights of way or easements, requires the permit holder to
track the number of days used, and requires maintenance and durability for sign
materials.
The complete interim ordinance, which includes other performance standards, is also
included with this report as Supporting Data.
In December of 2012, the Planning Commission recommended to the City Council the
amendment of the temporary sign provisions within the existing zoning ordinance rather
than extension of the interim ordinance for 2013.
The proposed amendments recommended by the Commission were based on an analysis
of the interim ordinance in practice in the community. Analysis presented at that time
included feedback from the business community, permit data, violation information, and
visual observations.
A second table was prepared to illustrate for comparison purposes the flexibilities
proposed under the recommended potential amendments to the sign ordinance versus the
temporary sign ordinance as it exists. The interim ordinance provisions are not included
in this table.
Code Requirement Existing Ordinance Proposed Ordinance
Signs Allowed Per parcel Per business, sign must be
located on parcel on
which business in located
Number of Signs per
Location
1 1 sign every 75 linear feet
of ROW, 1 sign per
business
Number of Days (Annual) 40 150 Days
Size 32 sq. ft. 40 sq. ft.
Permit Required Yes Yes
After reviewing the Commission’s recommendation and available analysis, the City
Council’s decision was to extend the interim ordinance for another year rather than to
adopt the proposed amendments noted above.
Planning Commission Agenda: 1/07/14
3
As the interim ordinance expired at the beginning of this year, the Commission is asked
to again review temporary sign interim ordinance and to make a recommendation as to
its extension, or to recommend an alternative, such as repeal of interim ordinance
without amendment to the zoning ordinance, or a recommendation on previously
proposed or newly suggested amendments to the zoning ordinance as they pertain to
temporary signage.
It should be noted that at the time of this report, staff had requested and was compiling
data from permit holders on the number of days used for 2013 for reference.
B. ALTERNATIVE ACTIONS:
1. Motion to recommend the extension of interim ordinance #568 to January 1,
2015.
2. Motion to direct staff to prepare amendments to the Monticello Zoning
Ordinance, Chapter 4, Section 5 as related to temporary signs, based on
recommendations as made by the Commission.
3. Motion of other.
C. STAFF RECOMMENDATION:
Staff would recommend that the Planning Commission recommend to the Council the
extension of the interim ordinance for an additional year. Staff’s recommendation is
made with the consideration that the relatively new members of the Commission may
wish to have an opportunity to study the temporary sign issue and both existing and
interim ordinance in more detail prior to a final recommendation on specific amendments
to the zoning ordinance.
D. SUPPORTING DATA:
A. Ordinance #568
B. Complete December 2013 Planning Commission Staff Report & Exhibits
1
6. Public Hearing – Consideration to approve an amendment to the Monticello Zoning
Ordinance, Chapter 4, Section 5 – Signs, for regulations pertaining to temporary
signs. Applicant: City of Monticello (AS)
A. REFERENCE & BACKGROUND
In February of 2011, the City of Monticello adopted an interim ordinance allowing for
the expansion in usage of temporary signage. The interim ordinance was extended for an
additional year in February of 2012.
The following table illustrates a comparison in flexibility allowed under the interim
ordinance. The complete interim ordinance, which includes other performance standards,
is also included with this report as Supporting Data.
Code Requirement Existing Ordinance Interim Ordinance
Signs Allowed Per parcel Per business, sign must be
located on parcel on which
business in located
Number of Signs per
Location
1 1 sign every 75 linear feet of
ROW, 1 sign per business
Number of Days (Annual) 40 Unlimited
Permit Required Yes Yes
The interim ordinance was adopted to allow the City an opportunity to analyze the
temporary sign issue over a period of time and determine potential amendments to the
permanent ordinance.
At this time, the Commission is asked to repeal the interim ordinance and make a
recommendation on temporary sign ordinance amendments relative to the City’s goals for
signage as a component of land use policy.
Staff is presenting a series of amendments to the sign ordinance which will allow for
expanded flexibility in the use of temporary signage. The recommendations are based on
interim ordinance analysis, which includes feedback from the business community,
permit data, violation information, and visual observations.
It is important to note that in the proposed amendment, as under the current ordinance,
all types of temporary signs are subject to the same base requirements – these types of
temporary signs include flags, changeable copy, placard signs (corrugated plastic signs),
etc. This consistency in standards provides businesses with flexibility in the types of
signs used and also minimizes confusion in administration and enforcement.
2
A table has been prepared to illustrate for comparison purposes the flexibilities proposed
under the new amendment.
Code Requirement Existing Ordinance Proposed Ordinance
Signs Allowed Per parcel Per business, sign must be
located on parcel on
which business in located
Number of Signs per
Location
1 1 sign every 75 linear feet
of ROW, 1 sign per
business
Number of Days (Annual) 40 150 Days
Size 32 sq. ft. 40 sq. ft.
Permit Required Yes Yes
In addition to the changes above, staff is proposing to allow expanded flexibility in other
temporary sign use areas as follows.
Subject to other provisions of Section 4.5(I), one (1) additional flag device
shall be permitted for a restaurant business with outdoor seating on for a
period of up to one hundred and fifty (150) days, to be located within or along
their outdoor seating area. Such signage shall not be limited by the provisions
of Sections 4.5(I)(1).
One (1) sign shall be allowed per street frontage on non-residential properties
when a property is seeking to hire or employ personnel, provided that:
o Sign may be up to forty (40) square feet in area.
o Sign must be on the property on which the business is located.
o Sign may not be located within a public right of way or easement.
The overall sign ordinance will also continue to allow the following temporary signage in
addition to the expanded flexibility above:
4.5(C)(6) – For Sale or Lease signage: One sign allowed per street frontage
when a property is offered for sale or lease. Non-residential parcels are allowed
two such signs when a parcel has more than 1000 linear feet of frontage. The
ordinance does not require a temporary sign permit and this signage is in addition
to other temporary sign allowances.
4.5(C)(7) - Sandwich board signs: One sign up to 30 square feet in size is
allowed within all business zoning districts for every business during hours of
3
operation. These signs do not require a temporary sign permit and are in addition
to other temporary signage.
o CCD businesses are also allowed to place a sandwich board on the
Chamber of Commerce plaza by special annual permit per4.5(C)(7). Staff
is therefore proposing to eliminate language listed in 4.5(I)(4), as that
provision has not been utilized since adoption and is difficult to
administer.
4.5(I)(3) - Grand opening signage: One additional temporary sign device shall
be permitted for a business on a one-time basis for a period of up to forty (40)
days to be utilized within six (6) months of the first day of the business opening
to the public. A temporary sign permit is required and such signage is in addition
to other allowable temporary signage.
4.5(H)(15) - Window signage: Unregulated.
To aid the Commission in their understanding of the amount of signage allowed on any
given parcel, staff has prepared an illustration of both a single-use and multi-tenant use
property situation.
Staff is also proposing to incorporate three other amendments which relate to
enforcement matters for temporary signage. These are regulations which stipulate that
temporary signs may not be placed within public rights of way or easements, requires the
permit holder to track the number of days used, and requires maintenance and durability
for sign materials.
The business community has been invited to attend the public hearing for this item
through a communication sent by the Monticello Chamber of Commerce. Feedback from
the business community was also solicited by the Chamber for inclusion in this packet.
B. ALTERNATIVE ACTIONS
1. Motion to adopt Resolution #2012-108, recommending an amendment to Monticello
Zoning Ordinance Chapter 4, Section 5 for temporary signage, based on the findings
of fact in said resolution.
2. Motion to deny adoption of Resolution #2012-108, recommending an amendment to
Monticello Zoning Ordinance Chapter 4, Section 5 for temporary signage, based on
the findings of fact in said resolution.
4
C. STAFF RECOMMENDATION
Staff recommends adoption of ordinance amendments as proposed based on the findings
of fact included in the resolution.
The interim ordinance was a valuable tool during a particularly difficult economic
climate. The interim ordinance allowed businesses to maximize their usage of temporary
signs and the City to gauge the impact of such usage. As a result or analysis completed
under the interim ordinance, staff believes that the recommendation for amendment
proposed strikes a balance between signage needs and unnecessary visual and aesthetic
sign clutter.
D. SUPPORTING DATA
A. Resolution #2012-108
B. Sign Allowance Illustrations
C. Permit Holder Data, 2010-2012
D. Monticello Zoning Ordinance, Chapter 4.5 – Signs
E. Monticello Zoning Ordinance, Chapter 8 – excerpt, Definitions
F. Interim Ordinance #555
G. Comment Letter, Monticello Chamber of Commerce
H. Neighboring Community Comparison – Temporary Sign Regulations
I. Ordinance #568 – Amendment to Title 10, Chapter 4, Section 5 – Signs
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012-108
Date: December 4th, 2012 Resolution No. 2012-108
Motion By: ________________ Seconded By: _______________
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENT MONTICELLO
ZONING ORDINANCE CHAPTER 4, SECTION 5 FOR TEMPORARY SIGNAGE
WHEREAS, the City of Monticello has adopted a zoning ordinance providing for the regulation
of land uses in various zoning districts; and
WHEREAS, the zoning ordinance regulations requires additional performance standards to
ensure compatible, compliant development; and
WHEREAS, the Planning Commission has conducted a public hearing on December 4th, 2012
to review the request and receive public comment on the proposed amendment; and
WHEREAS, the Planning Commission of the City of Monticello finds that the amendment is
consistent with the City’s purpose in regulating the number, size, type and other physical
characteristics of signs in order to promote the public health, safety and welfare; and
WHEREAS, The amendment language proposed addresses the primary concerns noted by the
interim ordinance data, including the need for valid permits, the desire for well-maintained and
attractive temporary signage, and the continued prohibition of off-premise signage; and
WHEREAS, An amendment providing an allowance for additional days is justified by the
permit holder survey data, and can allows flexibility for business owners in their sign device
choice, and
WHEREAS, Regulating temporary signage as described within the proposed amendment
preserves and maintains the scenic and aesthetic environment of the community, and protects and
promotes the quality of life of the City’s residents, and
WHEREAS, Regulation of temporary signage is necessary for the safety of local and visiting
motorists and pedestrians and to reduce the distracting influence of uncontrolled signage;
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota:
The Planning Commission recommends that the City Council adopt the zoning ordinance
amendment revising regulations pertaining to temporary signs in Ordinance No. 568.
ADOPTED this 4th day of December 2012, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: ________________________________
William Spartz, Chair
ATTEST:
___________________________________________
Angela Schumann, Community Development Director
ROW/Public
Street
ROW/PublicStreet
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Building
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-
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66’-80’
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required
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squarefeetinwall
signage
Changeablecopy
boardinlieuoftem-
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CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (A) Findings, Purpose, and Effect
City of Monticello Zoning Ordinance Page 233
4.5 Signs
(A) Findings, Purpose, and Effect
(1) Findings
The City finds:
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a
variety of messages.
(c) Signs can create traffic hazards and aesthetic concerns, thereby threatening
the public health, safety and welfare.
(d) The City's zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability
of the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, location and character that would
adversely impact upon the aesthetics of the community and threaten the
health, safety and welfare of the community. The regulation of the physical
characteristics of signs within the City has had a positive impact on traffic
safety and the appearance of the community.
(2) Purpose and Intent
(a) It is not the purpose or intent of Section 4.5 to regulate the message displayed
on any sign; nor is it the purpose or intent of this section to regulate any
building design or any display not defined as a sign, or any sign which cannot
be viewed from outside a building.
(b) The purpose and intent of Section 4.5 is to:
(i) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the City in order to promote the public
health, safety and welfare.
(ii) Maintain, enhance and improve the aesthetic environment of the City by
preventing visual clutter that is harmful to the appearance of the
community.
(iii) Improve the visual appearance of the City while providing for effective
means of communication, consistent with constitutional guarantees and
the City's goals of public safety and aesthetics.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (C) Permit Not Required
Page 234 City of Monticello Zoning Ordinance
(iv) Provide for fair and consistent enforcement of the sign regulations set
forth herein under the zoning authority of the City.
(3) Effect
A sign may be erected, mounted, displayed or maintained in the City if it is in
conformance with the provisions of this ordinance. The effect of Section 4.5, as
more specifically set forth herein, is to:
(a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of signs in other zones, subject to the standards set forth in Section
4.5.
(b) Allow certain small, unobtrusive signs incidental to the principal use of a site
in all zones when in compliance with the requirements of Section 4.5.
(c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the
communication can be accomplished by means having a lesser impact on the
environment and the public health, safety and welfare.
(d) Provide for the administration and enforcement of the provisions of Section
4.5.
(B) Permit Required
No sign shall be erected, altered, improved, reconstructed, maintained or moved in the
City without first securing a sign permit from the City:
(1) The content of the message or speech displayed on the sign shall not be reviewed
or considered in determining whether to approve or deny a sign permit.
(2) Application for a sign permit shall be in conformance with the requirements of
Section 2.4(K), Sign Permits:
(C) Permit Not Required
The following signs shall not require a permit and are allowed in addition to those signs
allowed by Sections 4.5(I) and 4.5(J) of this section. These exemptions, however, shall
not be construed as relieving the owner of the sign from the responsibility of its erection
and maintenance, and its compliance with the provisions of this section or any other law
or ordinance regulating the same.
Section 2.4(K) Sign
Permits
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (C) Permit Not Required
City of Monticello Zoning Ordinance Page 235
(1) The changing of the display surface on a painted or printed sign only. This
exemption, however, shall apply only to poster replacement and/or on site
changes involving sign painting on a surface other than the surface of the
building.
(2) Permanent signs two (2) square feet or less in size.
(3) One (1) sign per property in residential districts not to exceed four (4) square feet.
(4) All noncommercial signs are permitted on private property in any zoning district
with the express consent of the owner or occupant of such property. In a State
general election year, noncommercial signs of any size may be posted in any
number forty-six (46) days before the State primary in a State general election
year until ten (10) days following the State general election. Election signs
posted in connection with elections held at times other than those regulated by
Minn. Stat. 211B.035 shall not be posted more than 13 weeks prior to the election
and shall be removed by the party responsible for the erection of the sign or the
property owner within ten (10) days after the election.
(5) Official and Public signs.
(6) One (1) sign shall be allowed per street frontage when a property is offered for
sale or lease, provided that:
(a) Within residential zoning districts (see table 3-1), no sign shall exceed twelve
(12) square feet in area and six (6) feet in height for single-family, two-
family, townhouse, and quadraminium units; or thirty two (32) square feet in
area or eight (8) feet in height for multi-family or institutional uses.
(b) For non-residential zoning districts (see table 3-1), as well as for any parcel
larger than ten (10) acres in any zoning district, signs may be up to ninety six
(96) square feet in area or twelve (12) feet in height as defined in this
ordinance. One (1) additional such sign shall be allowed for any street
frontage which exceeds one thousand (1,000) linear feet. For the purposes of
this section, frontage on any right of way, including local streets, County or
State Highways, or I-94 shall constitute a “frontage”, regardless of access.
(7) Sandwich board signs are allowed within all business zoning districts (see table 3-
1) provided that:
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (D) Prohibited Signs
Page 236 City of Monticello Zoning Ordinance
(a) Not more than one (1) sign is allowed per principal building except that one
sign is allowed per tenant within a principal building having two (2) or more
tenants each with an exclusive exterior entrance.
(b) The sign shall only be displayed when the business is open to the public.
(c) Except in the CCD district, the sign shall be placed only on the business
property and shall be located within required principal building setbacks, or
encroaching into required setback areas a maximum of five (5) feet, and shall
not be placed on any vehicle.
(d) The signs shall be located so as to maintain a minimum five (5) foot
pedestrian walkway and so as not to obstruct vehicular traffic.
(e) The sign shall be set back a minimum of two (2) feet from the back of curb of
a public street or private drive aisle.
(f) The sign shall conform to the following height and area requirements:
(i) Height: Five (5) feet.
(ii) Area: Six (6) square feet.
(g) For sandwich board signs within the CCD district, sandwich board signs may
be located in accordance with the provisions of subpart (c) above. In addition,
such signs may be placed upon the sidewalk or boulevard portion of a public
right-of-way upon the issuance of an annual permit in accordance with the
provisions and process of Section 2.4(K) of this ordinance.
(D) Prohibited Signs
The following signs are prohibited:
(1) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or
emergency vehicle signs, or which attempts to direct the movement of traffic or
which hides from view or interferes with the effectiveness of any official traffic
control device or any railroad sign or signal.
(2) All off premises signs greater than six (6) square feet in area, except that the City
may permit certain temporary signs to display messages for Community
Informational Signs not related to the premises on which they are displayed.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (E) Nonconforming Signs and Uses
City of Monticello Zoning Ordinance Page 237
(3) Flashing signs.
(4) Roof signs.
(5) Rotating signs.
(6) Shimmering signs.
(7) Signs which move or imitate movement, except for dynamic scrolling signs as
defined in this ordinance.
(8) Signs painted, attached or in any other manner affixed to trees or similar natural
surfaces, or attached to utility poles, bridges, towers, or similar public structures.
(9) Off Premises Signs:
(a) Off premise signs existing as non-conforming structures at the time of
adoption of this ordinance greater than six (6) square feet in area shall be
considered a principal use of property.
(b) Annual permits are required for all off premises signs. Off premises signs
shall be removed as a condition of construction of another principal use upon
the property or platting or subdivision approval for the land on which it is
located.
(10) Abandoned signs.
(E) Nonconforming Signs and Uses
(1) Signs: A non-conforming sign lawfully existing upon the effective date of this
ordinance as denoted in Section 1.4 shall be regulated in accordance with Chapter
6 of this ordinance.
(2) Uses: When the principal use of land is legally non-conforming under Chapter 6
of this ordinance, all existing or proposed signs in conjunction with that land use
shall be considered conforming if they are in compliance with the sign provisions
for the most restrictive zoning district in which the principal use is allowed.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
Page 238 City of Monticello Zoning Ordinance
(3) When a sign is considered to be non-conforming due to size, location, or other
factor, but represents a conforming use of land, such sign may be continued,
including through repair, replacement, restoration, maintenance, or improvement,
but not including expansion, unless it is considered to be abandoned as defined by
this ordinance. When a non-conforming sign has been damaged to an extent of
50% or more of its market value, such sign shall be considered to be abandoned if
no building or sign permit has been applied for within 180 days of the date of
damage.
(F) Enforcement and Penalties
Section 4.5 shall be administered and enforced in accordance with the provisions of
Chapter 7 of this ordinance.
(G) Substitution
The owner of any sign which is otherwise allowed by Section 4.5 of this ordinance may
substitute non-commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional approval or
permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or favoring of any particular non-
commercial message over any other non-commercial message. This provision prevails
over any more specific provision to the contrary.
(H) General Provisions
(1) Accessory Structures
Except as provided for by Section 4.5(D)(9), all signs shall be considered
accessory structures.
(2) Setbacks
All freestanding signs shall be set back fifteen (15) feet from any property line
abutting a public right-of-way and five (5) feet from any side or rear property line.
No sign may be located within a drainage and utility easement.
(3) Standards Adopted
The design and construction standards as set forth in Chapter 4 of the 1997 edition
of the Uniform Sign Code as may be amended, are hereby adopted.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
City of Monticello Zoning Ordinance Page 239
(4) Electrical Signs
The installation of electrical signs shall be subject to the State's
Electrical Code. Electrical service to such signs shall be
underground.
(5) Approval
No sign shall be attached or be allowed to hang from any building
until all necessary wall and roof attachments have been approved
by the Community Development Department.
(6) Sign Interference
No signs, guys, stays or attachments shall be erected, placed or
maintained on trees nor interfere with any electric light, power,
telephone or telegraph wires or the supports thereof.
(7) Illuminated Signs
Illuminated signs shall be shielded to prevent lights from being
directed at oncoming traffic in such brilliance that it impairs the
vision of the driver and may not interfere with or obscure traffic
signs or signals. Lighting may not illuminate any adjacent
properties, buildings, or streets. Notwithstanding this provision,
LED (Light Emitting Diode) light displays may be installed
without shielding of the light source provided that:
(a) Unshielded LED light displays may only be located on
properties within the FBS, Freeway Bonus Sign District, an
overlay zoning district as defined in Section 3.7(G) of the
Monticello Zoning Ordinance.
(b) Unshielded LED lights are not installed in any area that abuts
residentially zoned property.
(c) Unshielded LED lights are not installed in such a way as to
direct light towards residentially zoned property within 500
feet of the light source.
(d) Unshielded LED lights may not exceed a maximum
illumination of 5000 nits (candelas per square meter) during
daylight hours and a maximum illumination of 500 nits
(candelas per square meter) between dusk to dawn as
measured from the sign’s face at maximum brightness;
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
Page 240 City of Monticello Zoning Ordinance
(e) Dimmer Control. Unshielded LED lights must have an
automatic dimmer control to produce a distinct illumination
change from a higher illumination level to a lower level for
the time period between one half-hour before sunset and one
half-hour after sunrise.
(8) Permit Display
Signs requiring permits shall display in a conspicuous manner the
permit sticker or sticker number.
(9) Placement
No sign or sign structure shall be erected or maintained that
prevents free ingress or egress from any door, window or fire
escape. No sign or sign structure shall be attached to a standpipe
or fire escape.
(10) Structure
A freestanding sign or sign structure constructed so that the faces
are not back to back, shall not have an angle separating the faces
exceeding thirty (30) degrees unless the total area of both sides
added together does not exceed the maximum allowable sign area
for that district.
(11) Square Footage Calculation (Total Area = A x B):
(a) For wall signs, the area of a sign shall be that area within the marginal lines
created by the sign surface which bears the advertisement or, in the case of
messages, figures or symbols attached directly to the part of a building, which
is included in the smallest rectangular figure which can be made to
circumscribe the message, figure, or symbol displayed thereon:
(b) For monument signs, area shall be calculated as for wall signs. Structural
members of the sign, including supports or other decorative features shall not
be considered as a part of the measured sign area:
(c) For pylon signs, the entire area of the sign face or cabinet shall be considered
as a part of the measured sign area. Structural supports, provided that they
have no message or other graphics, shall be exempt from the area calculation.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
City of Monticello Zoning Ordinance Page 241
(12) Height
The top of a wall sign, including its superstructure, if any, shall be no higher than
the roof of the building to which such sign may be attached.
(13) Landscaping
A site plan shall be submitted as a part of any application for a freestanding sign
which includes plans for the landscaping of the area near the sign, and which
demonstrates that the sign will complement the existing or proposed general site
landscaping of the property.
(14) Vehicle Fuel Facilities
Signs for vehicle fuel facilities shall be regulated by the sign provisions for the
zoning district in which the facility is located, except that within a freestanding
sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous
display (no flashing, scrolling or other animation) of electronic or non-electronic
changeable copy identifying current fuel prices in accordance with Minnesota
state statutes section 239.751.
(15) Window Signs
Window signs are not considered a part of the maximum sign area otherwise
allowed under Section 4.5 of this ordinance and do not require a permit.
(16) Changeable Copy Signs
(a) Changeable copy signs are subject to the following additional regulations:
(i) Signs must be permanently anchored to the structure.
(ii) Signs must be incorporated within the overall sign structure for both
monument and pylon signs and must be consistent in design with the sign
structure.
(b) Within commercial and industrial districts and for civic and institutional uses
including, but not limited to, public school facilities, hospital and medical
facilities, municipal facilities and places of public assembly, one (1)
changeable copy sign shall be allowed per site provided that the area of the
sign not exceed twenty-five (25) percent of the allowable sign area or fifty
(50) square feet, whichever is less, for a freestanding or wall sign. The area
of this sign shall be counted against the maximum sign area for the building,
except where the property owner has agreed to forgo the use of temporary
signs in accordance Section 4.5(I)(2) in which case the area of the changeable
copy sign shall be allowed in excess of the maximum sign area.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
Page 242 City of Monticello Zoning Ordinance
(17) Time and Temperature Signs
Within commercial and industrial zoning districts, an area not to exceed sixteen
(16) square feet within a freestanding or wall sign shall be allowed for display of
an electronic time and temperature sign subject to the sign provisions for the
zoning district in which the sign is located.
(18) Projecting Signs
Projecting signs may be allowed in commercial districts provided that:
(a) There is a minimum of eight (8) feet of clearance under the base of the sign to
the ground below.
(b) The sign does not project more than five (5) feet beyond the wall to which it
is mounted, may not project over any vehicular drive aisle or traveled portion
of a public or private street and except in the CCD, Central Community
District may not project over a public right-of-way.
(c) The area of the projecting sign is not more than fifty (50) percent of the
maximum area allowed for an individual wall sign in the respective zoning
district in Section 4.5(J).
(19) Dynamic Displays
(a) Findings
Based on studies related to the use of dynamic sign displays and driver
distraction, the City finds that dynamic signs, as defined by the zoning
ordinance, have a unique potential to create driver distraction, a major cause
of traffic crashes. As a result, the City has adopted special regulations that
relate to such signs. These regulations shall apply to all proposed dynamic
signage in the City, whether new or existing, conforming or non-conforming
at the time of adoption of this ordinance.
(b) Regulations governing Dynamic Sign Displays
(i) Dynamic sign displays shall have messages that change instantaneously,
and do not fade, dissolve, blink, or appear to simulate motion in any way.
Prohibited blinking signs shall include signs which are displayed as
continuous solid messages for less than the time required by subpart (iii)
of this subsection below. The exception to this regulation is the
allowance of messages that appear to scroll horizontally across the sign,
but are otherwise in compliance with the requirements of this ordinance,
including the definition of “scrolling signs”.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (I) Temporary Signs
City of Monticello Zoning Ordinance Page 243
(ii) Dynamic sign displays shall not be permitted in any Residential zoning
district.
(iii) Dynamic sign displays shall be permanent signs.
(iv) No dynamic sign display shall change more than one time per three (3)
second period; time and temperature displays may change as frequently as
once every three (3) seconds.
(v) Dynamic sign displays shall be no brighter than other illuminated signs in
the same district.
(vi) Dynamic sign displays shall be designed to freeze the display in the event
of malfunction, and the owner shall discontinue the display immediately
upon malfunction, or upon notice from the City that the display violates
the City’s regulations.
(vii) Applicants for dynamic sign displays shall sign a license agreement
supplemental to the building permit agreeing to operation of a sign in
conformance with these regulations. Violation of these regulations shall
result in forfeiture of the license, and the City shall be authorized to
arrange disconnection of electrical service to the facility.
(viii) No dynamic sign display shall be permitted to be located in a yard or on
the side of a building which abuts a residentially zoned parcel.
(20) Design and Materials Standards for Signs in Commercial Districts,
Industrial Districts, the CCD District, PUDs, and Performance Based Mixed
Use Development
(a) In General
The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be
the same as, or compatible with, the materials and design of the principal
building(s) on the property.
(b) Specific Materials for Pylon Signs
All exposed pole or post structures must be wrapped or faced with stucco,
architectural metal, brick or stone consistent with building architecture.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (I) Temporary Signs
Page 244 City of Monticello Zoning Ordinance
(I) Temporary Signs
(1) For property in a Business District or an Industrial District (see table 3-1), the use
of commercial temporary sign devices shall not exceed forty (40) days per
calendar year per building. Not more than one (1) temporary sign device per
building shall be displayed upon a property at any one time. The area of
temporary sign devices shall not exceed thirty-two (32) square feet.
(2) In cases where properties forego, in writing, temporary signage allowed by
Section 4.5(I)(1) above, an additional permanent message board sign up to fifty
(50) square feet in area shall be allowed. Such sign may be incorporated into a
property’s freestanding sign or the building as additional wall sign area.
Freestanding signs shall be subject to the height limitations of the applicable
zoning district.
(3) Subject to other provisions of Section 4.5(I), one (1) additional temporary sign
device shall be permitted for a business on a one-time basis for a period of up to
forty (40) days to be utilized within six (6) months of the first day of the business
opening to the public. Such signage shall not be limited by the provisions of
Sections 4.5(I)(2).
(4) Businesses or organizations with their activities located in the CCD, Central
Business District, may display temporary, off-premise signs by express permit
issued by the City Council or the Council’s designee where access to commercial
areas requires directional signage from the City’s arterial roads. Signs allowed
under this section shall be considered to be in addition to any other sign
allowances, including permanent signage, other on-site temporary signs, or
“sandwich board” signs displayed pursuant to Section 4.5(C)(7). Signs allowed
under this section may, at the discretion of the Council, be permitted under the
following conditions:
(a) Off-premise, temporary signs shall be no more than four (4) square feet in
area.
(b) Off-premise temporary signs shall be no more than three (3) feet in height.
(c) Off-premise temporary signs shall be limited to no more than one (1) sign
every seventy-five (75) lineal feet of street frontage, but no more than three
(3) signs per parcel.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
City of Monticello Zoning Ordinance Page 245
(d) Notwithstanding other regulations to the contrary, such signs may be placed
upon the public sidewalk within a City street right of way. Any such sign
placed on the public sidewalk shall be located so as to avoid impeding
pedestrian traffic, and to avoid visual interference with vehicular traffic.
(e) An application for an off-premise, temporary sign shall be accompanied by a
written statement of permission from the owner of the private property on
which the sign is to located. Such statement shall include an express grant of
permission for City inspectors to enter the property for the purpose of
inspecting and/or removing said signs.
(f) An application for signs subject to the provisions of this section may be made
for a single period of display, or in the alternative, the City may grant
approval for annual license for the display of such signs in accordance with
Section 2.4(K). Separate fees may be established for single-period or annual-
period permits.
(g) Eligible days for the display of signs subject to this section shall be Thursday,
Friday, Saturday, or Sunday only.
(5) Any temporary sign permitted under this section shall be required to display
messages related only to the activity on the premises on which the temporary sign
is located, with the exception that such sign may display messages defined as
Community Informational Signs. The display of Community Informational
signage shall not add to the number of days of temporary sign display allotted to a
particular premises, business, or property by this section, and any such sign shall
comply with all other regulations of this Chapter.
(J) District Regulations
In addition to the signs allowed by Section 4.5(C) and Section 4.5(I), the following
signs shall be allowed within the specific zoning districts:
(1) Within residential zoning districts (see table 3-1), the following additional
regulations apply:
(a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below,
not more than one (1) sign shall be allowed provided that:
(i) The area of the sign shall not exceed four (4) square feet.
(ii) Freestanding signs shall be limited to a maximum height of four (4) feet.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
Page 246 City of Monticello Zoning Ordinance
(b) In addition to the sign allowed by Section 4.5(J)(1)(a) above, one (1)
residential area identification sign shall be allowed. Such sign shall not
exceed thirty-two (32) square feet in area and eight (8) feet in height.
(c) Government buildings and structures, public, quasi-public or private
recreation buildings, public parks and recreation areas, public and private
educational institutions limited to accredited elementary, middle or senior
high schools, and religious institutions such as churches, chapels, temples and
synagogues shall be allowed two (2) institutional identification signs not
exceeding seventy-five (75) square feet in area and eight (8) feet in height.
(2) Within business and industrial zoning districts (see table 3-1), the following
additional regulations shall apply:
(a) Total Area of Signs
The total area of all signs (with the exclusion of freestanding signs as may be
allowed by this code) displayed on a lot shall not exceed fifteen (15) percent
of the total building facade fronting not more than two (2) public streets.
(b) Freestanding Signs
(i) Unless otherwise specified in this section, one (1) sign is allowed per lot.
The area of a freestanding sign may not exceed one hundred (100) square
feet each side with a maximum height of twenty-two (22) feet.
(ii) If a monument, rather than pylon sign is utilized, an additional one
hundred (100) square feet of area beyond the total area calculated in
Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs
shall be granted.
(iii) For shopping centers greater than one hundred and fifty thousand
(150,000) square feet of aggregate building square footage and greater
than twenty (20) acres in site area, two (2) freestanding signs may be
permitted. Two (2) pylon signs may be constructed or, as an alternative,
one (1) pylon and one (1) monument sign may be constructed. When the
latter option is chosen, the monument sign shall be no greater than
fourteen (14) feet in height nor more than one hundred (100) square feet
in area. The pylon sign may be no greater than twenty-five (25) feet in
height and three hundred (300) square feet in area.
(c) Wall, Canopy, or Marquee Signs
(i) Wall, canopy, projecting, and marquee signs shall be consistent with the
maximum area requirements of Section 4.5(J)(2)(a).
The Freeway Bonus
Sign Overlay District
allows for additional
signage in specific
commercial and
industrial areas
[Section 3.7(G)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
City of Monticello Zoning Ordinance Page 247
(ii) Wall, canopy and marquee signs are permitted on any building facade
except those which abut properties zoned for residential use.
(d) Directional signage
In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage
may be allowed on site in an amount not to exceed three (3) signs with an
individual square footage maximum of ten (10) square feet each and thirty
(30) total square feet.
(e) Multiple Occupancy Commercial And Industrial Buildings
When a single principal building is devoted to two (2) or more commercial or
industrial principal uses, signs shall be allowed subject to review and approval
of the Community Development Department based upon the following
requirements:
(i) The maximum individual sign sizes for multiple occupancy buildings and
individual businesses that may display a sign shall not exceed the
maximum provisions in the same zoning district in Section 4.5(J).
(ii) Commercial retail, office, or mixed use multiple occupancy buildings
may display a freestanding sign consistent with the applicable zoning
district provisions in Section 4.5(J).
(iii) Except as provided by window, changeable copy, or temporary signs in
this ordinance, individual tenants of a multiple occupancy building within
a commercial or industrial zoning district shall not display separate wall,
canopy, or marquee signs unless the tenant's business has an exclusive
exterior entrance and subject to the following requirements:
1. Each sign shall be limited to the maximum wall sign size permitted in
the applicable zoning district provisions in Section 4.5(J).
2. The sign shall be located only on the exterior wall of the tenant space
to which the sign permit is issued, but are not required to face a public
street.
3. A comprehensive sign plan is submitted that includes all of the
following information:
a. A site plan to scale showing the location of lot lines, buildings,
structures, parking areas, existing and proposed signs, and any
other physical features of the area included within the proposed
comprehensive sign plan.
b. Elevations to scale of buildings included within the
comprehensive sign plan including the location of existing or
proposed wall, canopy, or marquee signs.
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (B) Applicability
Page 248 City of Monticello Zoning Ordinance
c. To scale plans for all existing and proposed signs of any type
included within the comprehensive sign plan indicating area,
dimensions, height, materials, colors, and means of illumination
(if any).
4. No permit shall be issued for a new or replacement sign for an
individual tenant except upon a determination by the Community
Development Department that it is consistent with the approved
comprehensive sign plan.
(3) In a PUD, Planned Unit Development District, signing restrictions shall be based
upon the individual uses and structures contained in the complex. Signs shall be in
compliance with the restrictions applied in the most restrictive zoning district in
which the use is allowed.
4.6 Underground Utilities
All utilities within or serving new development [e.g. cable television, electrical
(excluding transformers), gas, sewer, telephone, and water lines] shall be placed
underground.
4.7 Transitional Features
(A) Purpose and Intent
Transitional features are architectural elements or site aspects that must be used to ease
the transition between new development and existing structures and community
character. It is the intent of these standards to:
(1) Blend land use types throughout the City to minimize visual conflicts;
(2) Limit the excessive consumption of land though the utilization of large vegetated
buffers to separate potentially conflicting use types; and
(3) Limit interruptions in vehicular and pedestrian connections created by efforts to
segregate uses.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 437
SHORELAND: Land located within the following distances from public water:
(A) 1,000 feet from the ordinary high water mark of a lake, pond, or flowages.
(B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain
designated by ordinance on such river or stream, whichever is greater. The limits of
shorelands may be reduced whenever the waters involved are bounded by topographic
divides that extend landward from the waters for lesser distances and when approved by
the Commissioner of the Department of Natural Resources or the commissioner’s
designated representative.
(C) The area included in the recreational land use districts for the Mississippi River as
defined in Minnesota Rules Chapter 6105.0800-0950.
SHRUB: A woody plant, smaller than a tree, consisting of several small stems emerging from
the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.
SIDEWALK SALES & DISPLAY: Outdoor sale and display, conducted by the proprietor, of
products normally sold inside a retail establishment.
SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in
the nature of advertisement, announcement, message or visual communication, whether
painted, posted, printed, affixed or constructed, including all associated brackets, braces,
supports, wires and structures, which is displayed for informational or communicative
purposes.
SIGN FACE: The surface of the sign upon, against, or through which the message of the sign
is exhibited.
SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework
which supports or is capable of supporting any sign.
SIGN, ABANDONED: Any sign and/or its supporting sign structure which remains without a
message or whose display surface remains blank for a period of one (1) year or more, or any
sign which pertains to a time, event or purpose which no longer applies, shall be deemed to
have been abandoned. Signs applicable to a business temporarily suspended because of a
change in ownership or management of such business shall not be deemed abandoned unless
the property remains vacant for a period of one (1) year or more. Any sign remaining after
demolition of a principal structure shall be deemed to be abandoned. Where a sign has
received a special permit or other City approval, such approval shall run with the principal use
of the property, and such a sign shall be considered to be abandoned under this definition
when it meets the conditions specified in this section, notwithstanding the prior special
approval.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 438 City of Monticello Zoning Ordinance
Changeable Copy
Sign
Canopy Sign
SIGN, AREA IDENTIFICATION: A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex consisting of three (3)
or more structures, a shopping center consisting of five (5) or more separate business
concerns, an industrial area, an office complex consisting of three (3) or more structures, or
any combination of the above located on contiguous property.
SIGN, AWNING: A building sign or graphic printed on or in some fashion attached directly
to the awning material.
SIGN, AREA: A sign identifying a series of related parcels or uses, rather than a specific
parcel or use.
SIGN, BALLOON: A sign consisting of a bag made of lightweight material supported by
helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter.
SIGN, BILLBOARD: See definition of Off Premises Sign.
SIGN, BUILDING: Any sign attached or supported by any building.
SIGN, CANOPY: Any sign that is part of or attached to a canopy, made of fabric, plastic,
or structural protective cover over a door or entrance. A canopy sign is not a marquee and
is different from service area canopy signs.
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.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 439
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.
SIGN, ELECTRONIC GRAPHIC DISPLAY: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text information,
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
where the message change sequence is accomplished immediately or by means of fade,
repixalization or dissolve modes. Electronic graphic display signs include computer
programmable, microprocessor controlled electronic or digital displays. Electronic graphic
display signs include projected images or messages with these characteristics onto buildings or
other objects.
SIGN, FLASHING: A directly or indirectly illuminated sign or portion thereof that exhibits
changing light or color effect by any means, so as to provide intermittent illumination that
changes light intensity in sudden transitory bursts and creates the illusion of intermittent
flashing light by streaming, graphic bursts showing movement, or any mode of lighting which
resembles zooming, twinkling or sparkling.
SIGN, FREESTANDING: Any sign which has supporting framework that is placed on, or
anchored in, the ground and which is independent from any building or other structure.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 440 City of Monticello Zoning Ordinance
Sign Height
Monument Sign
SIGN, HEIGHT OF: The height of the sign shall be computed as the vertical
distance measured from the crown of the adjacent street surface at centerline to
the top of the highest attached component of the sign.
SIGN, IDENTIFICATION: Signs in all districts which identify the business or
owner, or manager, or resident, and set forth the address of the premises where
the sign is located and which contain no other material.
SIGN, ILLUMINATED: Any sign which contains an element designed to
emanate artificial light internally or externally.
SIGN, MARQUEE: Any building sign painted, mounted, constructed or attached in any
manner, on a marquee.
SIGN, MONUMENT: Any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a total height not exceeding
fourteen (14) feet.
SIGN, MULTI-VISION: Any sign composed in whole or part of a series of vertical or
horizontal slats or cylinders that are capable of being rotated at intervals so that partial
rotation of the group of slats or cylinders produces a different image and when properly
functioning allows on a single sign structure the display at any given time one (1) of two
(2) or more images.
SIGN, OFF PREMISES: A commercial speech sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location not on the
same lot where such sign is located. For purposes of the Sign Ordinance, easements and
other appurtenances shall be considered to be outside such lot and any sign located or
proposed to be located in an easement or other appurtenance shall be considered an off
premises sign.
SIGN, OFFICIAL: Signs of a public noncommercial nature including public notification
signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a
public official or employee in the performance of official duty – See also “Public Sign”.
SIGN, POLE: See definition of Pylon Sign.
SIGN, PORTABLE: Any sign which is manifestly designed to be transported, including by
trailer or on its own wheels, even though the wheels of such sign may be removed and the
remaining chassis or support is converted to another sign or attached temporarily or
permanently to the ground since this characteristic is based on the design of such a sign.
Marquee
Sign
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 441
Sandwich Board Sign
Pylon Signs
Projecting Sign
SIGN, PROJECTING: Any sign which is affixed to a building or wall in
such a manner that its leading edge extends more than two (2) feet beyond
the surface of such building or wall face.
SIGN, PUBLIC: Any sign posted by a governmental agency of a public,
non-commercial nature, to include signs indicating scenic or historical
points of interest, memorial plaques, and the like, and signs for civic
interest groups within the City of Monticello when signs are erected by or
on order of a public officer or employee in the performance of official duty
– See Also “Official Sign”.
SIGN, PYLON: Any freestanding sign which has its supportive structure(s)
anchored in the ground and which has a sign face elevated above ground
level by pole(s) or beam(s) and with the area below the sign face open.
SIGN, ROOF: Any sign erected and constructed wholly on and above the
roof of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
SIGN, ROOF SIGN, INTEGRAL: Any building sign erected or
constructed as an integral or essentially integral part of a normal roof structure
of any design, so that no part of the sign extends vertically above the highest
portion of the roof and so that no part of the sign is separated from the rest of
the roof by a space of more than six (6) inches.
SIGN, ROTATING SIGN: A sign or portion of a sign which turns about on an
axis.
SIGN, SANDWICH BOARD: A sign placed near the entrance of a business,
usually on the public or private sidewalk, advertising particular aspects of the
business goods or services.
SIGN, SHIMMERING: A sign which reflects an oscillating sometimes
distorted visual image.
SIGN, SUSPENDED: Any building sign that is suspended from the underside of a horizontal
plane surface and is connected to such surface.
SIGN,TEMPORARY: Any sign which is erected or displayed for a specified period or time,
including, but not limited to, banners, search lights, portable signs, streamers, pennants,
inflatable devices.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 442 City of Monticello Zoning Ordinance
Window Signage
SIGN, TIME AND TEMPERATURE: A sign that displays only current time and temperature
information.
SIGN, VIDEO DISPLAY: A sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not
include text and depicts action or a special effect to imitate movement, the presentation of
pictorials or graphics displayed in a progression of frames that gives the illusion of motion,
including, but not limited to, the illusion of moving objects, moving patterns or bands of light,
or expanding or contracting shapes, not including electronic changeable copy signs. Video
display signs include projected images or messages with these characteristics onto buildings or
other objects.
SIGN, WALL: Any building sign attached parallel to, but within two (2) feet of a wall,
painted on the wall surface of, or erected and confined within the limits of an outside wall of
any building or structure, which is supported by such wall or building, and which displays
only one (1) sign surface.
SIGN, WINDOW: Any building sign, picture, symbol, or combination thereof,
designed to communicate information about an activity, business, commodity, event,
sale, or service, that is placed inside a window or upon the windowpanes or glass and
is visible from the exterior of the window.
SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic Places or is
listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that
falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these
criteria if it is presently listed on either register or if it is determined to meet the qualifications
for listing after review by the Minnesota state archaeologist or the director of the Minnesota
Historical Society. All unplatted cemeteries are automatically considered to be significant
historic sites.
SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than
100 persons at any one time such as cultural events, musical events, celebrations, festivals,
fairs, carnivals, etc.
SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or
entertainment.
SPEECH, NON-COMMERCIAL: Dissemination of messages not classified as commercial
speech which include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics.
TO:MonticelloPlanningCommissionMembersandCityCouncil
FROM:SandySuchy,Director
DATE:November26,2012
RE:TemporarySignage
Thankyouagainforreviewingthetemporarysignageordinance.Aftermeetingwithcitystaff,I
feelconfidentthatwehavecometoacompromisethatshouldaccommodatemostofthe
temporarysignageneedsforthebusinesscommunity.Asyoureviewyouragendaitem,please
considerationthefollowinginformation.
AccordingtoMNPro(Minnesota’seconomicdevelopmentsitesandbuildingswebsite)there
areapproximately650businesseswithinMonticello.Severalofthesearehomebusinessesand
severalaresecondandthirdbusinessnamesunderoneroof(i.e.ClassiqueJewelersalsoownsa
businessJonesManufacturing,thereisnostorefrontandtheydonotadvertiseforthis
businesshoweveritislistedasaseparateMonticellobusiness).Icalculatejustunder500
actualbusinessstorefronts.Alittleover50%ofMonticellobusinessesare1-4employee
businesseswithanother20%ofourbusinesscommunityhaving5-9employees.Ofthe
estimated7,000employeesinMonticello30%areretailtrade,30%serviceand10%
manufacturing.Onlyapproximately10%ofourbusinessesusetemporarysignagebutthose
thatdofinditabsolutelyessentialforbusiness.Oursmallbusinessesaretryingtocompete
withsuperstoresorstoresinothercommunities.Accordingtothe2012ConsumerSpending
Report50%offoodisconsumedawayfromhome.Manybusinessownersagreetemporary
signageisonewaytoimmediatelyappealtoanaudiencetravelingfromworktohomeor
activities.Letmesharesomethoughts/commentsfromourbusinessowners.
TheStation,utilizesportablemessageboardnearlydailytoadvertiseweekendbandsanddaily
specials.Thissignhasnearlyincreasedtheirbusinessby20-25%.Theyhaveusedothermeans
ofadvertisingoptionsbutneverseethesetypesofresults.Peopletellthem“theystopped
becauseofthesign”.
ConroyLawofficerespondedtoourofficewithaneedtoadvertiseForLeaseinformation.She
didn’tknowthatthistypeofsignagewasnotregulatedbyapermitandwasavailabletoher
365days.
JanetKlassen,SunlifeTreasurers(HillsideDevelopment)planstopartakeinthedowntown
weekendsaleseventssimilartootherdowntownbusinesses.Thedevelopmentisnotvisible
fromanymajorhighwayand“WEEKENDSALE”offpremisesignageisnotallowedbyordinance.
I’mnotfavoringoffpremisesignageandyes,youcanarguethatsignagebenefitsthebusiness
andbusinessespayforHwy25frontage,butpleaseconsideranotherthought,signagealso
assistsweekendvisitorsreadytoshopandspenddollarswithinourcommunity.
AlLoch(LochJewelers)usesasandwichboardsignabouttwotimesperweekinthesummer
becauseofthecity’sexistingsignagepolicybutwouldliketohavetheoptionofusingityear
round.Hereceivedaphenomenalresponsefromthisformofadvertising.Hebelievesit’sa
greatassettohisbusinessbeingsuccessfulinthiscommunity.Hissuggestionistoallowthe
city’sexistingtemporarysignagepolicybeincreasedfrom90dayspercalendaryearto365
dayspercalendaryear.Sandwichboardsignageisallowed,howeveraftertalkingwithcity
staff,Irealizedwhatheisaskingforisoffpremisesignage.Heplaceshissandwichboardsign
bytheDQtogetvisibilityonHwy25.
JeffSell,WestMetroBuickGMCcalledmeabouttheHelpWantedsignheplacedoutsidehis
building.Althoughhedidnotmeetourexistingordinancewithhissign,theresponsehe
receivedwasimmediateandhired3newemployeesbecauseofthetemporarysignage.He
believedstronglythatthistypeofsignageshouldbeseparatefromothersignageregulations
andasksyoutoconsiderthesame.
KurtZweifels,PlantManageratCargillalsotalkedwithmeabouttheir“NowHiring”flags(signs)
utilizedbytheirtempagency.Thesehighqualitysignsareutilizedwhenevertheyhave
openings.Becauseofthenatureoftheirbusiness,itcouldbetwiceayear,oritcouldbeevery
weekoftheyear.Theyhirenewstaffbasedonneworderstheyreceive.Again,multiplemedia
sourcesareutilizedtoadvertiseandfillthesepositionsbutthevisibilityandresultsfrom
utilizingthebannerand/orthe4-5flagsprovetogetthemtheresultstheyarelookingfor.
KurtPeterson,JimmyJohns,hasverylimitedtemporarysignneeds.Theyneedabannersign
onedayayearfor$1subdayandanyotheruseswouldbetopromoteacharityevent.He
askedthatyouconsideraddressingordinancesforhourlysigns(lessthanafullday)andweekly
timelimitsfortemporarysigns/bannersinplaceaweekorlesssothattheycanbequickly
approvedforplacementorsimplyallowedwithoutpermissionaslongasthesignmeetsspecific
criteria.Thesecharityeventsusuallycometothemwithverylittlenoticesotheyfeltitwould
begreattohavefastapprovalwithnofeesrequiredfortheirbusiness.Ifthebusinessdefaults
ontheagreedupontimeframethenfeescouldbeaddedasapenalty.
JessicaRosten,All4Kids,alsowantedtorespondtothetemporarysignageordinance.She
usesachild'seaselasasandwichboardstylesignandusesitformostoftheyear.Shealsolikes
toputupabannerwhentheyhavesales3to4timesayear.Shedidn’tcommentasto
whetherornotshewascomfortablewiththeordinance.Thisisanotherexampleoftemporary
signagebeingimportanttoasmallbusiness.
Asyoucanseetheneedsvarydrasticallyforreasonsandbybusinesstypesoifyoufeelit’s
beendifficulttoidentifyaonesizefitsallpolicyyoucannowunderstandwhy.Idon’tthinkany
ofthesebusinesseswillmindtalkingwithyouandsharingadditionalsignageneedsinformation
withyou.Iencouragetoyoucallonthem.FromtheinformationIreceivedfromthebusiness
communityandthesignageviolationsthatcityhallhasdocumented,Ibelievecitystaffis
presentingyouwithanappropriatemiddleoftheroadoptions.Unfortunatelywecan’tmeet
everyone’sneeds,andthosebusinessesmayhavetocometoyouforsometypeofvariance,
butIbelievetheplaninfrontofyouisagoodcompromiseformostofthebusinesscommunity.
Ifyouhaveadditionalquestionsforme,IamavailableanytimebeforeyourDecember4th
meeting.IalsoplantobeavailableatyourDecembermeetingtoanswerotherquestionsthat
mayarise.
Thankyouagainforyourcontinuedworkontemporarysignordinances.
SandySuchy,Director
MonticelloChamberofCommerce&Industry
Exhibit 5E
City Allowed By Number per Location Calendar Days Permit Required Multi-Tenant Allowance
Buffalo By Building 1 30 YES NO
Becker By Business No Regulation 60 YES NO
Big Lake By Parcel 1 60 YES NO
Elk River By Parcel 1 90 YES NO
St. Michael By Business 1 - 100 feet apart 90 YES NO
Neighboring Community Survey - Temporary Sign Regulations
ORDINANCE NO. 568
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE,
KNOWN AS THE ZONING ORDINANCE, BY AMENDING CHAPTER 4.5 SIGNS TO
ALLOW AND REGULATE TEMPROARY SIGNAGE
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Section 4.5 Signs, Title 10 Zoning Ordinance is hereby amended as
follows:
4.5(C) Permit Not Required
Insert the following section and renumber accordingly:
(7) One (1) sign shall be allowed per street frontage on non-residential
properties when a property is seeking to hire or employ personnel,
provided that:
a) Sign may be up to forty (40) square feet in area.
b) Sign must be on the property on which the business is located.
c) Sign may not be located within a public right of way or easement.
Section 2. Section 4.5 Signs, Title 10 Zoning Ordinance is hereby amended as
follows:
4.5(I) Temporary Signs
(1) For property in a Business District or an Industrial District (see table 3-1), the use
of commercial temporary sign devices shall not exceed one hundred fifty (150)
forty (40) days per calendar year per business building. Not more than one (1)
temporary sign device per business building shall be displayed upon a property at
any one time. SignThe area of temporary
sign devices shall not exceed forty (40) thirty-two (32) square feet. Signs must be
located on the property on which the business is located. Signs may not be
located within any public easement or right-of-way.
(2) Signage days must be tracked by the permit holder for a permit to be considered
valid.
(3) Signs must be constructed of durable materials and may not be constructed on
unfinished or untreated materials. All temporary signage must be kept in good
repair and may not constitute a nuisance as defined by Title 7, Chapter 1 of City
Code.
ORDINANCE NO. 568
(2)(4) In cases where properties forego, in writing, temporary signage allowed by Section
4.5(I)(1) above, an additional permanent message board sign up to fifty (50) square
freestanding sign or the building as additional wall sign area. Freestanding signs
shall be subject to the height limitations of the applicable zoning district.
(3)(5) Subject to other provisions of Section 4.5(I), one (1) additional temporary sign
device shall be permitted for a business on a one-time basis for a period of up to
forty (40) days to be utilized within six (6) months of the first day of the business
opening to the public. Such signage shall not be limited by the provisions of
Sections 4.5(I)(2).
(6) Subject to other provisions of Section 4.5(I), one (1) additional flag device
shall be permitted for a restaurant business with outdoor seating for a
period of up to one hundred and fifty (150) days, to be located within or
along their outdoor seating area. Such signage shall not be limited by the
provisions of Sections 4.5(I)(1).
(4) Businesses or organizations with their activities located in the CCD, Central
Business District, may display temporary, off-premise signs by express permit
issued by the City Council or the
under this section shall be considered to be in addition to any other sign
allowances, including permanent signage, other on-site temporary signs, or
under this section may, at the discretion of the Council, be permitted under the
following conditions:
a) Off-premise, temporary signs shall be no more than four (4) square feet in area.
b) Off-premise temporary signs shall be no more than three (3) feet in height.
c) Off-premise temporary signs shall be limited to no more than one (1) sign
every seventy-five (75) lineal feet of street frontage, but no more than three (3)
signs per parcel.
d) Notwithstanding other regulations to the contrary, such signs may be placed
upon the public sidewalk within a City street right of way. Any such sign
placed on the public sidewalk shall be located so as to avoid impeding
pedestrian traffic, and to avoid visual interference with vehicular traffic.
e) An application for an off-premise, temporary sign shall be accompanied by a
written statement of permission from the owner of the private property on
which the sign is to located. Such statement shall include an express grant of
ORDINANCE NO. 568
permission for City inspectors to enter the property for the purpose of
inspecting and/or removing said signs.
f) An application for signs subject to the provisions of this section may be made
for a single period of display, or in the alternative, the City may grant approval
for annual license for the display of such signs in accordance with Section
2.4(K). Separate fees may be established for single-period or annual-period
permits.
g) Eligible days for the display of signs subject to this section shall be Thursday,
Friday, Saturday, or Sunday only.
(7)(6) Any temporary sign permitted under this section shall be required to display
messages related only to the activity on the premises on which the temporary sign
is located, with the exception that such sign may display messages defined as
Community Informational Signs. The display of Community Informational
signage shall not add to the number of days of temporary sign display allotted to a
particular premises, business, or property by this section, and any such sign shall
comply with all other regulations of this Chapter.
Section 3. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
th
ADOPTED BY the Monticello City Council this 10 day of December, 2012.
CITY OF MONTICELLO
__________________________________
Clint Herbst, Mayor
ATTEST:
___________________________________
JCity Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
Planning Commission Agenda – 01/07/14
12. Consideration to call for a public hearing for amendment to Monticello Zoning
Ordinance, Chapter 6 – Non-Conformities, Section A. Applicant: City of Monticello
(AS)
A. REFERENCE AND BACKGROUND:
Staff is requesting that the Planning Commission call for a public hearing for
consideration of amendment to non-conformity provisions in the ordinance. These
amendments are necessary to bring the ordinance into conformance with state statute and
eliminate possible expansion of non-conformities beyond what is intended by the City.
The current language in Chapter 6, Section A(1) could be interpreted in such a way as to
allow for expansion of any non-conforming use in any district. Staff’s understanding of
what was intended at the time of the re-drafting of the code was instead specific to
allowing minimal expansions to single-family uses which may no longer be allowed in a
given zoning district.
(A) Legally conforming existing structures and uses in existence on the effective date of this
ordinance as denoted in Section 1.4 which become non-conforming to this ordinance shall
not be considered non-conforming, but instead shall be treated as follows:
(1) A use which is no longer permitted due to a change in zoning shall be considered a
conforming use subject to all conditions for such use as outlined in this ordinance.
(2) A structure which becomes non-conforming to a required setback or setbacks shall be
viewed as a conforming structure subject to the following:
(a) The existing setback or setbacks for the structure which would otherwise be
nonconforming to this ordinance shall be considered the required minimum
setbacks or setbacks for that structure only on the subject lot.
(b) Expansions and additions to such structures shall meet all other requirements of
this ordinance with the exception of the new minimum setback or setbacks
established by Section 6.3(A)(2)(a) above.
The goal of the amendment is therefore to restrict the expansions to single-family,
tightening the rather broad reading that is in place currently.
B. ALTERNATIVE ACTIONS:
1. Motion to call for a public hearing for amendment to Monticello Zoning
Ordinance, Chapter 6 – Non-Conformities, Section 1.
2. Motion of other.
Planning Commission Agenda – 01/07/14
C. STAFF RECOMMENDATION:
Staff recommends alternative 1 above.
D. SUPPORTING DATA:
A. Monticello Zoning Ordinance, Chapter 6 – Non-Conformities, Section 1
CHAPTER 6: NONCONFORMITIES
Section 6.2 Authority to Continue
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 391
CHAPTER 6: NONCONFORMITIES
6.1 Purpose
It is the purpose of this chapter to provide for the regulation of non-conforming buildings,
structures, and uses and to specify those requirements, circumstances, and conditions under
which non-conforming buildings, structures, and uses will be operated and maintained. The
zoning ordinance establishes separate districts, each of which is an appropriate area for the
location of uses which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non-conforming buildings, structures, and uses not be
permitted to continue without restriction. Furthermore, it is the intent of this chapter that all
non-conforming uses shall be eventually brought into conformity.
6.2 Authority to Continue
(A) Legally conforming existing structures and uses in existence on the effective date of this
ordinance as denoted in Section 1.4 which become non-conforming to this ordinance
shall not be considered non-conforming, but instead shall be treated as follows:
(1) A use which is no longer permitted due to a change in zoning shall be considered
a conforming use subject to all conditions for such use as outlined in this
ordinance.
(2) A structure which becomes non-conforming to a required setback or setbacks
shall be viewed as a conforming structure subject to the following:
(a) The existing setback or setbacks for the structure which would otherwise be
nonconforming to this ordinance shall be considered the required minimum
setbacks or setbacks for that structure only on the subject lot.
(b) Expansions and additions to such structures shall meet all other requirements
of this ordinance with the exception of the new minimum setback or setbacks
established by Section 6.3(A)(2)(a) above.
(B) With the exception of structures and uses that meet the requirements of Section 6.3(A),
any structure or use lawfully existing upon the effective date of this ordinance as
denoted in Section 1.4 may not be expanded, but may be continued—including through
repair, replacement, restoration, maintenance, or improvement—unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one
year; or
Section 1.4:
Effective Date
MN Statute 462.357
subd 1e
CHAPTER 6: NONCONFORMITIES
Section 6.2 Authority to Continue
Subsection (E) Specific Standards for Temporary Uses
Page 392 City of Monticello Zoning Ordinance
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater
than 50 percent of its estimated market value, as indicated in the records of the
county assessor at the time of damage, and no building permit has been applied
for within 180 days of when the property is damaged. In this case, a municipality
ma y impose reasonable conditions upon a zoning or building permit in order to
mitigate any newly created impact on adjacent property or water body. When a
nonconforming structure in the shoreland district with less than 50 percent of the
required setback from the water is destroyed by fire or other peril to greater than
50 percent of its estimated market value, as indicated in the records of the county
assessor at the time of damage, the structure setback may be increased if
practicable and reasonable conditions are placed upon a zoning or building permit
to mitigate created impacts on the adjacent property or water body.
(3) Notwithstanding subsection (2) above, any nonconforming use located in the
floodplain overlay district that is destroyed by fire or other peril to the extent of
greater than fifty (50) percent of its market value, as determined by the
Community Development Department, shall be regulated to the extent necessary
to maintain eligibility in the National Flood Insurance Program, and in no case
shall be continued or re-established in a manner that results in potential flood
damage or obstructs flood flows in the floodway.
(C) Nothing in this ordinance shall prevent the placing of a structure in safe condition when
said structure is declared unsafe by the Building Inspector.
(D) No non-conforming building, structure, or use shall be moved to another lot or to any
other part of the parcel of land upon which the same was constructed or was conducted
at the time of this ordinance adoption unless such movement shall bring the non-
conformance into compliance with the requirements of this ordinance.
(E) A lawful non-conforming use of a structure or parcel of land may be changed to lessen
the non-conformity of use. Once a non-conforming structure or parcel of land has been
changed, it shall not thereafter be so altered to increase the non-conformity.
(F) Normal maintenance of a building or other structure containing or related to a lawful
non-conforming use is permitted, including necessary non-structural repairs and
incidental alterations which do not physically extend or intensify the non-conforming
use.
CHAPTER 6: NONCONFORMITIES
Section 6.5 Building Permits and Ordinance Amendments
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 393
(G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a
lawful non-conforming sign includes repair or maintenance of existing lettering done
without changing the form or design of the lawful non-conforming sign.
(H) Alterations may be made to a building containing or related to a lawful non-conforming
residential unit when said alteration will improve the livability thereof, provided the
alteration will not increase the number of dwelling units. In the B-4 zone, alterations or
expansion may be made to a building containing or related to a lawful non-conforming
residential unit when said alteration or expansion will improve the livability thereof,
provided the alteration or expansion will not increase the number of dwelling units and
provided that such alteration or expansion shall not constitute more than 50 percent of
estimated market value. Said value shall be determined by City or County Assessor. All
adjoining property owners and the Monticello EDA shall be provided notice of plans to
expand non-conforming residential structure. Expansion may occur only after
completion of a 30-day notice period.
6.3 Discontinuance
(A) A nonconforming use shall not be reestablished after discontinuance of the use for a
period of one year or more.
(B) Efforts to renovate or repair the use as allowed in Section 6.3 are not considered
discontinuance, provided all appropriate permits and/or development approvals are
obtained, and provided the renovation or repair is completed within one year from
commencement of repair or renovation, and the use is re-established within one month
from the time the renovation or repairs are completed. Failure to complete the repairs or
renovation within one year or to reestablish the use within one month following repairs
or renovation shall constitute discontinuance, and a nonconforming use shall not be re-
established.
6.4 Change in Use
When any lawful non-conforming use of any structure or land in any district has been changed
to a conforming use, it shall not thereafter be changed to any non-conforming use.
CHAPTER 6: NONCONFORMITIES
Section 6.6 Existing Nonconforming Lots
Subsection (A) Required Merger of Common Ownership Lots
Page 394 City of Monticello Zoning Ordinance
6.5 Building Permits and Ordinance Amendments
Any proposed structure which will, due to an ordinance amendment, become non-conforming
but for which a building permit has been lawfully granted prior to the effective date of a new
ordinance taking effect, may be completed in accordance with the approved plans provided
construction is started within sixty (60) days of the effective date of the applicable ordinance,
is not abandoned for a period of more than one hundred twenty (120) days, and continues to
completion within two (2) years. Such structure and use shall thereafter be a legally non-
conforming structure and use.
6.6 Existing Nonconforming Lots
(A) Required Merger of Common Ownership Lots
(1) Except as may otherwise be provided for in this ordinance, when a group of two
(2) or more contiguous lots or parcels of land are owned or controlled by the same
person, the following shall apply:
(a) If all lots are conforming to lot width, area and frontage requirements, all lots
may remain separate parcels;
(b) If one or more of the contiguous lots or parcels of land do not conform to
either lot width, area, or frontage requirements, than:
(i) Such nonconforming lots shall not be sold or developed as a separate
parcel of land; and
(ii) Such nonconforming lots shall be combined with adjacent lots or parcels
under the same ownership or control so that the combination of lots or
parcels will equal one (1) or more lots each meeting the full lot
requirements of this ordinance or will lessen the existing nonconformity.
(2) The combination of lots shall be in accordance with Title 11 of the City Code.
City Code Title 11:
Subdivision Code
CHAPTER 6: NONCONFORMITIES
Section 6.6 Existing Nonconforming Lots
Subsection (B) Vacant or Redeveloped Lots
City of Monticello Zoning Ordinance Page 395
(B) Vacant or Redeveloped Lots
With the exclusion of parcels within the Floodplain Overlay District established in
Section 3.7(C) of this ordinance, legal, nonconforming, vacant lots of record may be
developed for single-family detached dwellings upon approval of a building permit
under the following conditions:
(1) Legally Established
The lot in question was legally established in accordance with requirements of this
code existing at the time of its creation and is a separate, distinct tax parcel.
(2) Allowed Use
Single-family residential dwellings are an allowed use within the base zoning
district.
(3) Minimum Lot Size
(a) Sewered Lots: A legal nonconforming lot having direct access to municipal
sewer, as determined by the Community Development Department, shall be
considered buildable provided measurements for lot area and lot width either
meet minimum requirements or are within sixty six percent (66%) of the
requirement of the base zoning district.
(b) Unsewered Lots: A legal nonconforming lot not having access to municipal
sewer shall be considered unbuildable.
(4) Access
The lot in question has frontage on and will directly access an improved public
street.
(5) Health Concerns
Public health concerns (potable water and sanitary sewer) can be adequately
addressed.
(6) Setback and Yard Requirements
The setback and yard requirements of the base zoning district can be achieved.
(7) Shoreland Requirements
If the parcel is located within the Shoreland Overlay District, development of the
lot shall not result in more than twenty-five percent (25%) of the lot being covered
with impervious surfaces.
Section 3.7(C):
Floodplain District
CHAPTER 6: NONCONFORMITIES
Section 6.6 Existing Nonconforming Lots
Subsection (C) Developed Lots
Page 396 City of Monticello Zoning Ordinance
(C) Developed Lots
An existing conforming use on a lot of substandard size and/or width may be expanded
or enlarged if such expansion or enlargement meets all other provisions of this
ordinance.
Planning Commission Agenda: 1/07/14
1
13. Community Development Director’s Report
TAC Update
The next TAC meeting is scheduled for Thursday, January 9th at 7:30 a.m. in the Academy
Room at Monticello City Hall.
Vacant Planning Commission Position
To-date, one application has been received for the open Commission seat. The position was
posted online, on website scroller, Channel 12, and in City e-news in December and January.
The position will also be posted to Facebook in January.
The Commission is asked to set a date in late January or early February for interviewing
candidates.
Social Media and Native Landscapes
Staff has confirmed with the planner and legal counsel that public testimony on an ordinance
amendment should be taken only during the public hearing on the amendment, or through
written correspondence submitted as part of the hearing record. However, social media
outlets could be used as avenue to inform the public about where to find more information on
upcoming meetings and public hearings – including the proposed native landscapes ordinance
hearing.
The Commission tabled action on the natives landscaping ordinance. As such, the item will
be re-noticed for an upcoming regular meeting and staff can prepare a social media release on
the hearings information accordingly.
Builder Workshop
The Community Development and Engineering Departments and Department of Building
Safety are in the process of planning a spring builder’s workshop. The goal of the workshop
will be to reacquaint area builders and contractors with City ordinances and practices
(inspections, permits, etc.) which impact their work. The workshop will be designed to
encourage on-going communication and solid working relationships between the City
departments and contractors. More information on this workshop will be forthcoming.
reSTOREing Downtown meeting
A reSTOREing Downtown Leadership Team meeting has been set for January 16th at 7:00 AM at
City Hall. The meeting will provide an update on the group’s 2013 activities and 2014 initiatives.