Planning Commission Agenda 08-21-2012
SPECIAL MEETING
MONTICELLO PLANNING COMMISSION
Tuesday, August 21st, 2012
5:30 PM
Academy Room, Monticello Community Center
Commissioners: Brad Fyle, Charlotte Gabler, William Spartz,
Staff: Angela Schumann, Ron Hackenmueller
1. Call to order.
2. Planning Commission Interview
3. Subdivision Workshop
4. Community Tour
5. Adjourn.
Planning Commission Agenda – 08/21/12
2. Planning Commission Interview
A. REFERENCE AND BACKGROUND
The Planning Commission has received an application for one of the two open seats on
the Commission.
Included in this packet is the application from Mr. Sam Burvee, along with proposed
interview questions for the evening. Commission is welcome to add additional questions
for the interview.
To clarify procedure in advance of the interviews, the Commission is asked to begin
questions with the Chair, and then rotate questions amongst the Commissioners.
The City Council has been extended an invitation to attend the interview, and as such, the
meeting has been posted as open for both quorums of the Council and Commission.
B. ALTERNATIVE ACTIONS
1. Motion to recommend the appointment of Mr. Sam Burvee to the Monticello
Planning Commission, effective September 4th, 2012.
2. Motion of other.
C. SUPPORTING DATA
A. Application
B. Interview Questions
Name
Address t./0
Home Phone_
APPLICATION FOR
BOARDS AND COMMISSIONS
Cell Phone -E-Mail—
..:s; •v:.l� 1f
M07\710ELL0
If not otherwise specified, you must be a resident of the City of Monticello to serve on the
following boards.
Please circle the board(s) on which you are interested in serving.
Industrial and Economic Development Committee (Does not require residency)
FiberNet Advisory Board
_, City Planning Commission
Library
Monticello Community Center Advisory Board
Police Advisory Commission
Parks Commission
Economic Development Authority (May not require residency)
Transportation Advisory Committee
Education
Highest Level of Education 8h 0�
Employment
Current Employer, if applicable &_4 ZV�11ysh=e_5
Position/Title 01 • t f?��ks.
Dates of Employment (starting/ending) T,. t,j z0"0 -
Former Employer, if applicable
Position/Title
Dates of Employment (starting/ending)
Other
Please describe in detail why you are interested in volunteering for the City of Monticello.
FTs
S i%4ot
ytyq"e.
A
14 e"01W / ee.l " CtJ 'l. iicD `J > 7' C'v{ ry a
Please describe your prior volunteer experiences (include organization names and dates of service)
az C"O
>1nE 41('V 4-A Zoo�i - CR -
List your qualifications for this appointment:
hA--._ ck 5Ttl 1 5.f',c�5�
8
'14- +, _ L A fz r n c b'� Q.n.: �. i /'✓ P .f_� G�
J
O g'o �i'�, `_ �yt av > ¢�f ' t/: ..✓i 4S4uc"c ✓c? �{� n c �7'E , L
,:.s_ ue! �''Yi✓3F v-•-.—. J Q111,1_14b _ 1 6 c �L .ase i 3 "
0
References
Please list three non -family members who can provide references on your ability to perform this
volunteer positon:
Name 9,r%.� "1-� Phone Number
Name.Phone Number
Name �nnd .. �, .1 Phone Number
Please read the following carefully before signing this application:
I understand that this is an application for and not a commitment or promise of volunteer opportunity.
I certify that I have and will provide information throughout the selection process, including on this
application for a volunteer position and in interviews with the City of Monticello that is true, correct
and complete to the best of my knowledge. I certify that I have and will answer all questions to the
best of my ability and that I have not and will not withhold any information that would unfavorably
affect my application for a volunteer position. I understand that information contained on my
application will be verified by the City of Monticello. I understand that misrepresentation or omissions
may be cause for my immediate rejection as an applicant for a volunteer position with the City of.
Monticello or my termination as a volunteer.
Signature Date -7-LP'/2-
Return Completed Application to: Monticello City Hall, Attn: Human Resources, 505 Walnut St,
Suite 1, Monticello, MN 55362 FAX: (763)295-4404
PLANNING COMMISSION INTERVIEWS
Name: Date: August 21, 2012
QUESTION AND ANSWER SESSION
1. What experience do you have in the area of City planning?
2. In your estimation, what have been the favorable and unfavorable ways the City has
developed in the past few years?
3. Describe a time in your past when you had to stand up for what you believed in despite
pressure to think, act, or do otherwise.
4. Do you think willingness to seek compromise is a good trait for a Planning
Commissioner? Why or why not?
5. What special skills, abilities, or talents will you bring to the Commission?
6. How long do you see yourself serving on the Commission?
7. What special challenges do you see in Monticello’s future in terms of land use or
development?
Continue on back page
Planning Commission interviews
Page 2
8. Would you be able to attend special meetings/seminars from time to time?
9. Scenario: A prospective business owner would like to start a business in a commercial
zone located on the edge of the downtown area and directly adjacent to a residential area.
Before he can start his business he needs to get a conditional use permit from the City.
The business owner is able to meet all site plan requirements and it appears proper to
grant the permit. However, 10 irate property owners appear at the public hearing and
demand that the City deny the conditional use request because it may result in additional
traffic on a nearby highway. How would you vote on this matter and why?
Planning Commission Agenda – 8/21/12
1
3. Subdivision Ordinance Workshop
A. REFERENCE AND BACKGROUND
The 2012 Planning Commission workplan identified the revision of the Monticello
Subdivision as a primary goal. The amendment of the subdivision ordinance was
identified as a top priority due to the outdated nature of some of regulations and the
need to provide continuity between the new zoning ordinance and the platting
process.
Furthermore, the 2008 Monticello Comprehensive Plan states:
Subdivision Regulations
While the land use plan has direct implications for zoning, the Comprehensive
Plan does not have comparable effects on the land subdivision and platting
regulations. Changes in these regulations are not required for the immediate
adoption of the Plan, but are recommended in order to incorporate some of
the concepts discussed in the Plan.
The last statement refers to the idea that the City would seek to develop standards
which support high-end housing, including options for the full spectrum of housing
cycles, as well as the opportunity to promote sustainable development practices to the
extent practical.
Prior to the Planning Commission’s community tour and workshop on the subdivision
ordinance, a small staff work group made up of Community Development, Building
and Engineering staff reviewed the ordinance in detail. The group also reviewed
ordinances from other communities as a means of comparison and idea generation.
The small group identified:
Outdated language
Language that may be eliminated or revised based on existing or recent
ordinance amendments
City ordinance or Design Manual specifications that should instead be
included in the subdivision ordinance
Suggested ordinance additions from other sample codes
An overview of staff findings will be presented during the Commission discussion.
In staff’s detailed review, it was also determined that for the most part, the
subdivision ordinance is a technical document. The ordinance includes procedures,
plan requirements and specifications that must remain intact with some minor
modification.
There are some policy-related decisions for the Planning Commission, though many
of the neighborhood and development-area design elements are instead included in
Planning Commission Agenda – 8/21/12
2
the new zoning ordinance. These include regulations for density, setback,
landscaping, and wetland and tree preservation.
Staff has isolated a small number of policy questions for the Commission to consider
as part of the ordinance revision process. These include:
Entrance Monument Placement and Design Standards
Ponding Placement and Design Standards
Street Width and Design
Sidewalk and Trail Connections
Lighting Standards
The community tour following the Commission’s discussion will focus on gathering
feedback on the above items.
In addition to tour feedback, the Commission is asked to review the current
subdivision ordinance, as well as the sample codes provided from other communities.
The Commission’s feedback on the items above, along with staff notations, will be
provided to planning consultant Ben Gozola of MFRA. Mr. Gozola will begin
preparation of a draft code for a first review by the Commission in October of 2012.
The City Engineer and Attorney will continue to be included in the re-drafting, as
well.
B. ALTERNATIVE ACTIONS
No formal action is requested at this time. However, as noted above, the Commission
is asked to provide a list of questions, comments and suggestions on the ordinance by
September 4th, 2012.
C. SUPPORTING DATA
A. Current Subdivision Ordinance, Title 11
B. Current Trees and Shrubs Ordinance, Title 8, Chapter 3
C. Comprehensive Plan Excerpt, 3-8 through 3-10, 3-12, 3-13
D. Design Manual – View at www.ci.monticello.mn.us, Click on “City Services”, “Engineering”
E. Ordinance Samples - To be provided at meeting
i. Big Lake
ii. Cloquet
iii. Chanhassen
iv. Maple Grove
TITLE 11
SUBDIVISION ORDINANCE
General Provisions 1
Rules and Definitions 2
Procedure 3
Data Required for the Preliminary and Final Plats 4
Design Standards 5
Parks, Open Space, and Public Use 6
Required Basic Improvements 7
Registered Land Surveys and Conveyance by
Metes and Bounds 8
Variance 9
Fees 10
Vio lat ion s an d Pe nal ty 11
Effective Date 12
MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 1/Page 1
CHAPTER 1
GENERAL PROVISIONS
SECTION:
11-1-1:Short Title
11-1-2:Purpose
11-1-3:Scope
11-1-4:Approvals Necessary for Acceptance of Subdivision Plats
11-1-5:Conditions for Recording
11-1-6:Building Permits
11-1-7:Exceptions
11-1-8:Separability
11-1-9:Conflict
AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND PLATTING
OF LAND WITHIN THE CITY OF MONTICELLO, DEFINING CERTAIN TERMS USED
THEREIN: PROVIDING FOR THE PREPARATION OF PLATS; PROVIDING FOR THE
INSTALLATION OF STREETS AND OTHER IMPROVEMENTS; PROVIDING FOR THE
DEDICATION OF CERTAIN LAND FOR PARKS AND PLAYGROUNDS; ESTABLISHING
PROCEDURES FOR APPROVAL AND THE RECORDING OF PLATS; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND REPEALING ORDINANCES OR
PARTS OF ORDINANCES INCONSISTENT HEREWITH.
THE COUNCIL OF THE CITY OF MONTICELLO DOES ORDAIN:
11-1-1:SHORT TITLE: This ordinance shall be known as the "SUBDIVISION
ORDINANCE OF THE CITY OF MONTICELLO," and will be referred to herein as
"This Ordinance."
11-1-2:PURPOSE: In order to safeguard the best interests of the City of Monticello and to
assist the subdivider in harmonizing his interests with those of the city at large, the
following ordinance is adopted in order that adherence to same will bring results
beneficial to both parties. It is the purpose of this ordinance to make certain
regulations and requirements for the platting of land within the city of Monticello
pursuant to the authority contained in Minnesota Statutes Annotated, which
regulations the City Council deems necessary for the health, safety, and general
welfare o f t h i s co m m u n i t y.
11-1-3:SCOPE: The provisions of this ordinance relate to any division of a tract of land into
two or more parcels by platting, replatting, conveyance, registered land survey, or
other means.
MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 1/Page 2
11-1-4:APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS:
Before any plat shall be recorded or be of any validity, it shall be referred to the City
Planning Commission and approved by the City Council of Monticello as having
fulfilled the requirements of this ordinance.
11-1-5:CONDITIONS FOR RECORDING: No plat of any subdivision shall be entitled to
record in the Wright County Register of Deeds Office or have any validity until the
plat thereof has been prepared, approved, and acknowledged in the manner prescribed
by this ordinance.
11-1-6:BUILDING PERMITS: No building permits will be considered for issuance by the
City of Monticello for the construction of any building, structure, or improvement to
the land or to any lot in a subdivision as defined herein until all requirements of this
ordinance have been fully complied with.
11-1-7:EXCEPTIONS: When requesting a subdivision, if either of the following two
conditions exist, the subdivider is required to present accurately drawn site plan
information for the proposed subdivision, have the subdivision reviewed by the
Planning Commission, reviewed and approved by the City Council, and adhere to the
park dedication requirements spelled out in the ordinance, Section 11-6-1 through 11-
6-5, and all other subdivision requirements shall be waived. Upon approval, subdivider
must provide City Staff with a certified survey describing the approved subdivision.
(#343, 2/14/00)
(A)In the case of a request to divide a lot which is part of an existing lot of record
where the division is to permit the adding of a parcel of land to an abutting lot
or to create two lots and the newly created property line will not cause the other
remaining portion of the lot to be in violation with this ordinance or the zoning
ordinance, except that no such division of a lot or parcel shall be permitted
when said division shall create a lot or parcel that is in violation of Chapter 8,
Subdivision 11-8-2, of this ordinance.
(#148, 9/9/85)
(B)Such division results in parcels having an area of five (5) acres or more with
frontage on a public right-of-way measuring three hundred (300) feet or more
and when such division does not necessitate the dedication of a public right-of-
way; or if a lot which is part of a plat recorded in the office of the Register of
Deeds of Wright County is to be divided and such division will not cause any
structure on the lot to be in violation of the Zoning Ordinance or said new
portions of lots to be in violation of City Ordinance.
(#33, 7/27/77)
11-1-8:SEPARABILITY: If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 1/Page 3
11-1-9:CONFLICT: Whenever there is a difference between minimum standards or
dimensions specified herein and those contained in other official regulations,
resolutions , o r o rdinances of the City, t h e high e st standar d s shall a p p l y.
MONTICELLO SUBDIVISION ORDINANCE TITLE XII/Chapt 2 Page 1
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 2/Page 1
CHAPTER 2
RULES AND DEFINITIONS
SECTION:
11-2-1:Rules
11-2-2:Definitions
11-2-1:RULES: For the purpose of this ordinance, words used in the present tense shall
include the future; words in the singular shall include the plural, and the plural the
s i n gular; and t h e word "s h al l " is mandatory an d not d i scret i o n a ry.
11-2-2:DEFINITIONS: For the purpose of this ordinance, certain words and terms are hereby
defined as follows:
ALLEY: Is a public right-of-way which affords a secondary means of access to
abutting pro p erty.
BLOCK: Is an area of land within a subdivision that is entirely bounded by streets, or
by streets and the exterior boundary or boundaries of the subdivision, or a combination
of the above with a river or lake.
CITY: Is the City of Monticello.
CITY COUNCIL: Is the governing body of the City of Monticello.
COMPREHENSIVE PLAN: Refers to the group of maps, charts, and texts that make
up t h e compr e h e n sive l o n g-range plan o f t h e C i t y.
DESIGN STANDARDS: Are the specifications to landowners or subdividers for the
preparation of plats, both preliminary and final, indicating among other things, the
optimum, minimum, or maximum dimensions of such items as right-of-way, blocks,
easements, and lots.
EASEMENT: Is a grant by a property owner for the use of a strip of land for the
purpose of constructing and maintaining drives, utilities, including but not limited to
sanitary sewers, water mains, electric lines, telephone lines, storm sewer, or storm
drainage ways and gas lines.
FINAL PLAT: Is a drawing or map of a subdivision meeting all of the requirements of
the City and in such form as required by Wright County for the purposes of recording.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 2/Page 2
LOT: Is a portion of a subdivision or other parcel of land intended for building
development or for transfer of ownership.
OWNER: Includes the plural as well as the singular and where appropriate shall
include a natural person, partnership, firm association, public or quasi-public
corporation, private corporation, or a combination of them.
PARKS AND PLAYGROUNDS: Are public land and open spaces in the city of
Monticello dedicated or reserved for recreation purposes.
PERCENTAGE OF GRADE: On street center line, means the distance vertically (up
or down) from the horizontal in feet and tenths of a foot for each one hundred (100)
feet of horizontal distance.
PEDESTRIAN WAY: Is a public or private right-of-way across a block or within a
block to provide access for pedestrians and which may be used for the installation of
utility lines.
PLANNING COMMISSION: Is the Planning Commission of the City of Monticello.
PRELIMINARY PLAT: Is a tentative drawing or map of a proposed subdivision
meeting requirements herein enumerated.
PROTECTIVE COVENANTS: Are contracts made between private parties as to the
manner in which land may be used, with the view to protecting and preserving the
physical and economic integrity of any given area.
STREET: Is the public right-of-way affording primary access by pedestrians and
vehicles to abutting properties, whether designated as a street, highway, thoroughfare,
parkway, road, avenue, or boulevard.
STREET - THOROUGHFARES: Arterial Street - are those used primarily for heavy
traffic and serving as arterial trafficways between the various districts of the
community as shown in the comprehensive plan.
STREET - COLLECTOR STREETS: Are those that carry traffic from minor streets
to the major system of thoroughfares and highways, including the principal entrance
streets of residential districts as shown in the comprehensive plan.
STREET - MINOR STREETS: Are those which are used primarily for access to
abutting properties.
STREET - MARGINAL ACCESS STREETS: Are minor streets which are parallel
and adjacent to thoroughfares and highways and which provide access to abutting
properties and protection from through traffic.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 2/Page 3
STREET - CUL-DE-SAC: Is a minor street with only one outlet and having an
appropriate terminal for the safe and convenient reversal of traffic movement.
STREET WIDTH: Is the shortest distance between lines of lots delineating the street's
ri ght-o f-way.
SUBDIVIDER: Is any individual, firm association, syndicate, co-partnership,
corporation, trust or other legal entity having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide the same
under this ordinance.
SUBDIVISION: Is a described tract of land which is to be or has been divided into
two or more lots or parcels, the purpose of transfer of ownership or building
development of, if a new street is involved, any division of a parcel of land. The term
includes resubdivision and, where it is appropriate to the context, relates either to the
process of subdividing or to the land subdivided.
TANGENT: Is a straight line that is perpendicular to the radius of a curve where a
tangent meets a curve.
VERTICAL CURVE: Is the surface curvature on a street center line located between
lines of different percentage of grade.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 1
CHAPTER 3
PROCEDURE
SECTION:
11-3-1:Procedure
11-3-2:Preliminary Plat
11-3-3:Final Plat
11-3-1:PROCEDURE: Prior to formal plat review by the Planning Commission, the applicant
is encouraged to present a sketch plan to the Planning Commission for purposes of
informally discussing, to present his intentions for development of the property, and be
able to obtain the views and opinions of the City Planning Commission.
11-3-2:PRELIMINARY PLAT:
(A)FILING: Fifteen (15) copies of the preliminary plat shall be filed with the City
Clerk. The required filing fee as established in Chapter 10 shall be paid, and
any necessary applications for variances from the provisions of this ordinance
shall be filed with the required fee before the proposed plat shall be considered
officially file. All plats shall be accompanied by an abstractor’s certificate,
properly certified, identifying the owner of the property in question and the
owners of all properties situated within three hundred fifty (350) feet of the
boundary of the property in question. Applications for a Preliminary Plat shall
be due no later than eight (8) weeks plus one (1) day prior to the Planning
Commission meeting at which the item is to be considered. Applications that
are deemed incomplete as of that date shall be returned to the applicant in
accordance with the requirements of Minn. Stat. § 15.99. Applications for
Preliminary Plats that consist of nineteen (19) or fewer residential units or non-
residential plats of five (5) or fewer acres may, at the discretion of the Zoning
Administrator, be placed on an earlier Planning Commission agenda, but in no
case shall said meeting be sooner than four (4) weeks and one (1) day from the
date of a complete application. (#426, 7/11/05)
(B)HEARING: Upon receipt of said application, the City Clerk shall set a public
hearing for the next regular meeting of the Planning Commission. The
Planning Commission shall conduct the hearing and report upon findings and
make recommendations to the City Council. Notice of said hearing shall be
published in the official newspaper at least ten (10) days prior to the hearing,
an d wri t t en notifi cat i o n of s ai d hear i n g shall b e mailed a t leas t ten (10) days
prior to all owners of land identified on the above-mentioned abstractor's
certificate.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 2
(C)TECHNICAL ASSISTANCE REPORTS: After the public hearing has been
set, the City Administrator shall instruct the staff to prepare technical reports
(where appropriate) and provide general assistance in preparing a
recommendation on the action to the City Council.
(D)REVIEW BY OTHER COMMISSIONS OR JURISDICTIONS: When
appropriate, the City Administrator shall file copies of the preliminary plat with
the Park and Recreation Commission and/or Wright County for their review
and comment.
(E)REPORT TO COUNCIL: The Planning Commission shall make a
recommendation to the City Council within sixty (60) days following the public
hearing.
(F)CITY COUNCIL ACTION:
1.The Council shall act upon the preliminary plat within one hundred
twenty (120) days of the date on which it was officially filed. If the
recommendation of the Planning Commission has not been received in
time to meet the requirement, the Council may act on the preliminary
plat without such recommendation.
2.If the preliminary plat is not approved by the City Council, the reasons
for such action shall be recorded in the proceedings of the Council and
transmitted to the applicant. If the preliminary plat is approved, such
approval shall not constitute final acceptance of the layout. Subsequent
approval will be required of the engineering proposals and other
features and requirements as specified by this ordinance to be indicated
on the final plat. The City Council may require such revisions in the
preliminary plat and final plat as it deems necessary for the health,
safety, general welfare, and convenience of the City of Monticello.
11-3-3:FINAL PLAT: After the preliminary plat has been approved, the final plat may be
submitted for approval as follows:
(A)APPROVAL OF THE PLANNING COMMISSION: Following approval of the
Preliminary Plat by the City Council, a Final Plat may be submitted for
approval. The Zoning Administrator shall place the proposed Final Plat on the
agenda for the next City Council which is no less than three (3) weeks later
than the date of submission. No Final Plat application shall be considered
complete unless that applicant shall have also submitted a revised Preliminary
Plat which as been revised to reflect all required conditions of approval, a
signed copy of the Development Agreement for the area subject to the Final
Plat, shall have paid all bills due for processing of the Preliminary Plat, and has
provided evidence of adequate financial security for completion of the
construction work in the proposed plat. If the City Council determines it is
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 3
necessary, the final plat shall be filed with the City Clerk and submitted to the
Planning Commission at least twenty (20) days prior to a Commission meeting
at which consideration is requested. During the said twenty (20) days, the City
staff shall examine the final plat and prepare a recommendation to the Planning
Commission. Approval, disapproval, or any delay in decision of the final plat
will be conveyed to the subdivider within ten (10) days after the meeting of the
City Planning Commission at which such plat was considered. In case the plat
is disapproved, the subdivider shall be notified in writing of the reason for such
action and what requirements shall be necessary to meet the approval of the
Commission. If the plat is disapproved, a waiting period of one hundred eighty
(180) days shall lapse before another application can be filed on that tract of
land. In cases where the preliminary plat is approved, the final plat must be
filed within one (1) year of the preliminary plat approval or the approval is not
valid. (#426, 7/11/05)
(B)APPROVAL OF THE CITY COUNCIL: After review of the final plat by the
Planning Commission, if necessary, such final plat, together with the
recommendations of the Planning Commission, shall be submitted to the City
Council for approval. The City Council has the option of requesting a public
hearing if it is determined necessary on the final plat. If accepted, the final plat
shall be approved by resolution, which resolution shall provide for the
acceptance of all agreements for basic improvements, public dedication, and
other requirements as indicated by the City Council. If disapproved, the
grounds for any refusal to approve a plat shall be set forth in the proceedings of
the Council and reported to the person or persons applying for such approval.
(#8, 2/23/76)
(C)RECORDING FINAL PLAT: If the final plat is approved by the City Council,
the subdivider shall record it with the County Recorder within one hundred
(100) days after said approval. If the subdivider fails to so record the final plat,
the approval shall be considered void, unless a request for time extension is
submitted in writing and approved by the City Council prior to the expiration of
the one hundred (100) day period. The subdivider shall, immediately upon
recording, furnish the City Clerk with a print and reproducible tracing of the
final plat showing evidence of recording. No building permits shall be let for
construction of any structure on any lot said plat until the City has received
evidence of the plat being recorded by the County. (#412, 8/23/04)
(D)RECORDING OF MULTIPLE-PHASED PLATS: If a preliminary plat is
final platted in stages, unless otherwise provided for in the development
contract, all stages must be final platted into lots and blocks (not outlots) within
three (3) years after the preliminary plat has been approved by the City Council.
If the final plats are not approved and recorded in accordance with this time
frame, the preliminary plat approval shall be considered void, unless a request
for time extension is submitted in writing and approved by the City Council
prior to the expiration of the three (3) year period. (#412, 8/23/04)
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 4
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 5
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 3/Page 6
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 1
CHAPTER 4
DATA REQUIRED FOR PRELIMINARY AND FINAL PLATS
SECTION:
11-4-1:Preliminary Plat
11-4-2:Final Plat
11-4-1:PRELIMINARY PLAT: The owner or subdivider shall prepare and submit a
preliminary plat together with any necessary supplementary information:
(A)CONTENTS: The preliminary plat shall contain the following information:
1.Proposed name of subdivision; names shall not duplicate or too closely
resemble names of existing subdivisions.
2.Location of boundary lines in relation to a known section, quarter
section, or quarter-quarter section lines comprising a legal description
of the p ropert y.
3.Names and addresses of the record fee owner.
4.Scale of plat not less than one (1) inch to one hundred (100) feet.
5.Date and north point.
(B)EXISTING CONDITIONS
1.Boundary line of proposed subdivision clearly indicated and to a close
degree o f accu racy.
2.Existing zoning classifications for land within and abutting the
subdivision.
3.A general statement on the approximate acreage and dimensions of the
lots.
4.Location, right-of-way width, and names of existing or platted streets,
or other public ways, parks, and other public lands, permanent
buildings and structures, easements, school districts, section and
corporate lines within the plan and to a distance three hundred fifty
(350) feet beyond shall also be indicated.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 2
5.Boundary lines of adjoining unsubdivided or subdivided land, within
three hundred fifty (350) feet, identified by name and ownership,
including all contiguous land owned or controlled by subdivider.
6.Topographic data, including contours at vertical intervals of not more
than two (2) feet. Water courses, marshes, rock outcrops, power
transmission policies and lines, size, location, and elevation of all
appurtenances of existing public utilities and all quasi-public utilities,
including the name and operating authority of each utility, and other
significant features shall be shown. U.S.G.S. data shall be used for all
topographic mapping where feasible. (1929 sea level data shall be used
for all topographic mapping.) The flood elevation of all lakes, river,
and wetlands shall also be shown.
7.An accurate soil survey of the subdivision prepared by a qualified
person.
8.A cen t ral wat er an d s ewer system fe a sibility study to b e completed b y a
registered civil engineer. If a central water and sewer system is
determined to be feasible, the engineer shall include gradients of sewer
and water lines. Where a central sewer system is found to be
unfeasible, the engineer shall report on the feasibility of individual
home sewer systems and shall include soils borings and percolation
tests as needed to verify conclusions.
9.A survey prepared by a qualified person identifying tree coverage in the
proposed subdivision in terms of type, weakness, maturity, potential
hazard, infestation, vigor, density, and spacing.
10.A copy of all proposed private restrictions and covenants.
11.A proposed grading plan showing the present and existing contours at a
two (2) foot contour interval.
12.A survey of all trees on the property, including location, size and
species is required. Deciduous trees that are less than six (6) inches in
diameter at a point five (5) feet above natural grade, or tees that are of
undesirable species, including Poplar, Boxelder, or Elm, may be
exempted from this survey. (#412, 8/23/04)
13.A proposed grading plan showing the present and existing contours at
two (2) foot contour interval, together with off-site existing contours
within two hundred (200) feet of the proposed subdivision is required
unless waived by the City Engineer. If determined to be necessary by
the City Engineer, one (1) foot contours may be required for proposed
grading plans in order to ensure property drainage. The proposed
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 3
grading plan shall demonstrate a design for the subdivision that respects
the natural topography, and preserves existing trees, wetlands, and other
natural features.
(#412, 8/23/04)
(C)PROPOSED DESIGN FEATURES
1.Layout of proposed streets showing the right-of-way widths, center line
gradients, typical cross sections, and proposed names of streets. The
name of any street heretofore used in the county or its environs shall
not be used unless the proposed street is a logical extension of an
already named street, in which event the same name shall be used.
Street names conform to the master street name and numbering system
as adopted.
2.Locations and widths of proposed alleys and pedestrian ways.
3.Layout, numbers and preliminary dimensions of lots and blocks.
4.Minimum front and side street building setback lines.
5.When lots are located on a curve, the width of the lot at the building
setback line.
6.Areas, other than streets, alleys, pedestrian ways, and utility easements
intended to be dedicated or reserved for public use, including the size of
such area or areas in acres.
7.A statement of the approximate square footage and dimensions of the
individual lots.
(#68, 5/29/79)
(D)OTHER INFORMATION
1.Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwelling units and type of business
or industry, so as to reveal the effect of the development on traffic, fire
hazards, and congestion of population.
2.Provision for surface water disposal, drainage, and flood control.
3.If any zoning changes are contemplated, the proposed zoning plan for
the areas.
4.Where the subdivider owns property adjacent to that which is being
proposed for the subdivision, the Planning Commission shall require
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 4
that the subdivider submit a sketch plan of the remainder of the
property so as to show the possible relationships between the proposed
subdivision and the future subdivision. In any event, all subdivisions
shall be shown to relate well with existing or potential adjacent
subdivision.
5.Where structures are to be placed on large lots (over thirty thousand
(30,000) square feet), the preliminary plat shall indicate placement of
structures so that lots may be further subdivided.
6.Where potential subdivision and use of excessively deep (over three
hundred (300) feet) lots exist, the preliminary plat shall indicate
placement of structures so that lots may be further subdivided.
7.A plan for soil erosion and sediment control both during construction
and after development has been completed. The plan shall include
gradients of waterways, design of velocity and erosion control
measures, and landscaping of the erosion and sediment control system.
8.A vegetation preservation and protection plan that shows those trees
proposed to be removed, those to remain, the types and locations of
trees, and other vegetation that are to be planted.
9.Such other information as may be requested by the Engineer, Surveyor,
or Planning Commission.
11-4-2:FINAL PLAT: The owner or subdivider shall submit a final plat together with any
necessary supplementary information.
(A)CONTENTS: The final plat prepared for recording purposes shall be prepared
in accordance with provisions of Minnesota State Statutes and Wright County
regulations, and such final plat shall contain the following information:
1.Names of the subdivision which shall not duplicate or too closely
approximate the name of any existing subdivision.
2.Location by section, township, range, county and state, and including
descriptive boundaries of the subdivision based on an accurate traverse,
giving angular and linear dimensions which must mathematically close.
3.The location of monuments shall be shown and described on the final
plat. Locations of such monuments shall be shown in reference to
existing official monuments on the nearest established street lines,
including true angles, and distances to such reference points or
monuments. Permanent markers shall be placed at each corner of every
block or portion of a block, points of curvature and points of tangency
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 5
of street lines, and at each angle point on the boundary of the
subdivision. A permanent marker shall be deemed to be a steel rod or
pipe, one-half (½) inch or larger in diameter extending at least two (2)
feet below the finished grade due to the difficulty faced with frozen
ground in the winter. In situations where conditions prohibit the
placing of markers in the locations prescribed above, offset markers
will be permitted. The exact locations of all markers shall be shown on
the final plat together with accurate interior angles, bearings, and
distances. Permanent monuments shall be placed at all quarter section
points within the subdivision or on its perimeter.
4.Location of lots, streets, public highways, alleys, parks, and other
features, with accurate dimensions in feet and decimals of feet, with the
length of radii and/or arcs of all curves, and with all other information
necessary to reproduce the plat on the ground shall be shown.
Dimensions shall be shown from all angle points of curve to lot lines.
5.Lots shall be numbered clearly. Blocks are to be numbered, with
numbers shown clearly in the center of the block.
6.The exact locations, widths, and names of all streets to be dedicated.
7.Location and width and intended use of all easements to be dedicated.
8.Name of fee owner and surveyor preparing the plat.
9.Scale of plat (the scale to be shown graphically and in feet per inch),
date, and north point.
10.Statement dedicating all streets, alleys, and other public areas, utility
and drainage easements not previously dedicated as follows: Streets,
alleys, and other public areas shown on this plat and not heretofore
dedicated to public use are hereby so dedicated.
11.An accompanying letter from the county surveyor's office stating that
the plat or land survey has been examined and approved.
(#68, 5/29/79)
(B)CERTIFICATIONS REQUIRED
1.Notarized certification by owner and by any mortgage holder of record
of the adoption of the plat and the dedication of streets and other public
areas.
2.Notarized certification by a registered land surveyor to the effect that
the plat represents a survey made by him and that monuments and
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 4/Page 6
markers shown therein exist as located and that all dimensional and
geodetic details are correct.
3.Certification showing that all taxes and special assessments due on the
property have been paid in full if requested by the City Council or
Wright County Commissioners.
4.Space for certificates of approval and review to be filled in by the
signatures of the chairman of the City Planning Commission and the
Mayor and City Clerk. The form of certificate by the Planning
Commission is as follows:
Reviewed by the Planning Commission of the City of Monticello this
______ day of ______________, 19___.
Signed:_____________________________________________
Chairman
Attest:______________________________________________
Secretary
The form of approval of the City Council is as follows:
Approved by the City of Monticello, Minnesota this ______ day
of_________________, 19___.
Signed:________________________________________________
Mayor
Attest:________________________________________________
City Clerk
(C)RECORDING REQUIRED
1.A letter from the County Recorder's office stating the final plat has been
recorded as approved by the City Council shall be received by the
Building Official's office before any building permits may be issued.
(#68, 5/29/79)
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 1
CHAPTER 5
DESIGN STANDARDS
SECTION:
11-5-1:Blocks
11-5-2:Lots
1 1 -5 -3:Street s an d Alleys
11-5-4:Easements
11-5-5:Erosion and Sediment Control
11-5-6:Drainage
11-5-7:Steep Slopes
11-5-8:Wetland Systems
11-5-9:Open Space and Landscaping
11-5-1:BLOCKS
(A)BLOCK LENGTH: In general, intersecting streets determining block lengths
shall be provided at such intervals as to serve cross-traffic adequately and to
meet existing streets. Where no existing plats control, the block in residential
subdivisions shall normally not exceed thirteen hundred twenty (1,320) feet in
length, except where topography or other conditions justify a departure from
this max i m u m . In blocks longer t h a n eigh t hundr e d (8 0 0 ) feet, pedes t rian w a ys
and/or easements through the block may be required near the center of the
block. Blocks for business or industrial use should normally not exceed
thirteen hundred twenty (1,320) feet in length.
(B)BLOCK WIDTH: The width of the block shall normally be sufficient to allow
two (2) tiers of lots of appropriate depth. Blocks intended for business or
industrial use shall be of such width as to be considered most suitable for their
respective use, including adequate space for off-street parking and deliveries.
11-5-2:LOTS:
(A)The minimum lot area, width, and depth shall not be less than that established
by the zoning ordinance in effect at the time of adoption of the final plat.
(B)Corner lots for residential use shall have additional width to permit appropriate
building setback from both streets as required in the zoning ordinance.
(C)Side lines of lots shall be approximately at right angles to street lines or radial
to curved street lines.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 2
(D)Every lot must have the minimum frontage as required in the zoning ordinance
on a C i t y-a p p roved str e e t other than a n alley.
(E)Setback or building lines shall be shown on all lots intended for residential use
and shall not be less than the setback required by the Monticello Zoning
Ordinance. On those lots which are intended for business use, the setback shall
be at least that required by the Monticello Zoning Ordinance.
(F)Lots which have frontage on local streets, but which back onto major streets
shall include additional depth to accommodate planting of trees or other
vegetation that helps define and screen the neighborhood from the major street.
(5/13/02, #375)
11-5-3:STREETS AND ALLEYS
(A)Except for permanent cul-de-sacs, streets normally shall connect with streets
already dedicated in adjoining or adjacent subdivisions, or provided for future
connections to adjoining unsubdivided tracts, or shall be a reasonable
projection of streets in the nearest subdivided tracts. The arrangement of
thoroughfares and collector streets shall be considered in their relation to the
reasonable circulation of traffic, to topographic conditions, to run-off of storm
water, to public convenience and safety, and in their appropriate relation to the
proposed uses of the area to be served.
(B)Minor streets should be so planned as to discourage their use by non-local
traffic. Dead-end streets are prohibited, but cul-de-sacs will be permitted only
where topography or other conditions justify their use. Cul-de-sacs shall
normally not be longer than six hundred (600) feet in length including the
terminal turn-around which shall be provided at the closed end, with an outside
curb radius of at least forty-five (45) feet and a right-of-way radius of not less
than sixty (60) feet.
(C)Where the plat to be submitted includes only part of the tract owned or
intended for development by the subdivider, a tentative plan of a proposed
future street system for the unsubdivided portion shall be prepared and
submitted by the subdivider.
(D)When a tract is subdivided into larger than normal building lots or parcels,
such lots or parcels shall be so arranged as to permit the logical location and
openings of future streets and appropriate resubdivision with provision for
adequate utility connections for such resubdivision.
(E)Under normal conditions, streets shall be laid out so as to intersect as nearly as
possible at right angles except where topography or other conditions justify
variations. Under normal conditions, the minimum angle of intersection of
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 3
streets shall be sixty (60) degrees. Street intersection jogs with an offset of
less than one hundred twenty-five (125) feet shall be avoided.
(F)Wherever the proposed subdivision contains or is adjacent to the right-of-way
of a U.S. or state highway or thoroughfare, provision may be made for a
marginal access street approximately parallel and adjacent to the boundary of
such right-of-way, or for a street at a distance suitable for the appropriate use of
land between such street and right-of-way. Such distance shall be determined
with due consideration of the minimum distance required for approach
connection to future grade separations or for lot depths.
(G)Alleys shall be provided in commercial and industrial districts, except that this
requirement may be waived where other definite and assured provision is made
for service access such as off-street loading, unloading, and parking consistent
with and adequate for the uses proposed. Except where justified by special
conditions such as the continuation of an existing alley in the same block,
alleys will not be approved in residential districts. Dead-end alleys shall be
avoided wherever possible; but if unavoidable, such dead-end alleys may be
approved if adequate turn-around facilities are provided at the closed end.
(H)Dedication of half streets will not be approved except where it is essential to
the reasonable development of the subdivision and in conformity with the other
requirements of these regulations, where it is found that it will be practical to
require the dedication of the other half when the adjoining property is
subdivided, or where it becomes necessary to acquire the remaining half by
condemnation so that it may be improved in the public interest.
(I)For all public ways hereafter dedicated and/or accepted, the minimum right-of-
way and p av ed width for s t reets , t h o rough far e s, alleys, or pedes t rian w a ys
included in any subdivision shall not be less than the minimum dimensions for
each classification as follows:
PAVED
RIGHT-OF-WAY (face to face of curb)
Arterial Street 100 feet 52 feet
Collector Street 70 feet 44 feet
Minor Street 60 feet 36 feet
Cul-de-sac or Marginal
Access Service Streets 60 feet 32 feet
Alley 30 feet 20 feet
Pedestrian Way 10 feet N/A
Private Common Access* 30 feet 20 feet
Alleys in Industrial or
Commercial Areas 24 feet 20 feet
One-way Alleys, Residential 16 feet 12 feet
Two-way Alleys, Residential 20 feet 16 feet
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 4
(#255, 09/12/94)
*The City Council may choose to approve private common access for P.U.D.,
townhouse development, etc., where appropriate. Standards for said access,
however, shall comply with minimums as outlined for minor streets (except
ROW) and all other provisions as required by the City Council.
Where the existing or anticipated traffic on primary and secondary
thoroughfares warrants greater widths of rights-of-way, these shall be required.
(J)STREET GRADES: Except when, upon the recommendation of the City
Engineer, the topography does warrant a greater maximum, the grades on all
thoroughfares shall not be greater than six (6) percent, and the grade on all
other streets and alleys in any subdivision shall not be greater than eight (8)
percent. In addition, there shall be a minimum grade on all streets and
thoroughfares of not less than five-tenths (.5) percent.
(K)STREET ALIGNMENT: The horizontal and vertical alignment standards on
all streets shall be as follows:
1.Horizontal - Radii of center line:
Arterial Street 150 feet minimum
Collector Street or Minor Street 50 feet minimum
2.Vertical - minimum sight distance:
Arterial Street 500 feet minimum
Collector Street or Minor Street 300 feet minimum
Cul-De-Sacs 100 feet minimum
(L)CURB RADIUS: The minimum curb radii for thoroughfares, collector streets,
minor streets, and alleys shall be as follows:
Arterial Street 35 feet
Collector and Minor
Streets and Alleys 12 feet
Collector and Minor Streets 15 feet
Alleys (Residential) 5 feet
Alleys (Commercial) 15 feet
(M)SUBDIVISION ENTRANCE MONUMENTS: Subdivision Entrance
Monuments shall only be allowed in conformance with Title 10, Section 10-3
of the Monticello Zoning Ordinance, and shall be required to meet the
following standards:
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 5
1.No such Entrance Monument may be located within the public right of
way of any street.
2.Entrance Monuments shall be permitted only where an association of
homeowners has been established with the legal and financial
responsibility for maintenance of the monument.
3.In the event that the monument becomes a nuisance, either through lack
of maintenance or other event, or becomes a hazard to traffic, the City
may removed said monument at the expense of the property owner on
whose property the monument is located, or at the expense of the
association if appropriate or both.
(#412, 8/23/04)
11-5-4:EASEMENTS:
(A)An easement for utilities and drainage of at least six (6) feet wide shall be
provided along each side line of each lot and an easement of twelve (12) feet
wide shall be provided along the front and rear line of each lot. If necessary for
the extension of water main or sewer lines or similar utilities, easements of
greater width may be required along lot lines or across lots.
(B)Utility easements shall connect with easements established in adjoining
properties. These easements, when approved, shall not thereafter be changed
without the approval of the City Council by ordinance after a recommendation
from the Planning Commission.
(C)Additional easements for pole guys should be provided at the outside of turns.
Where possible, lot lines shall be arranged to bisect the exterior angle so that
pole guys will fall along side lot lines.
11-5-5:EROSION AND SEDIMENT CONTROL:
(A)The development shall conform to the natural limitations presented by
topography and soil so as to create the least potential for soil erosion.
(B)Erosion and siltation control measures shall be coordinated with the different
stages of construction. Appropriate control measures shall be installed prior to
development when necessary to control erosion.
(C)Land shall be developed in increments of workable size such that adequate
erosion and siltation controls can be provided as construction progresses. The
smallest practical area of land shall be exposed at any one period of time.
(D)When soil is exposed, the exposure shall be for the shortest feasible period of
time.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 6
(E)Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The soil shall be restored to a depth of
four (4) inches and shall be of a quality at least equal to the soil quality prior to
development.
11-5-6:DRAINAGE:
(A)Where municipal storm sewer systems do not exist or the introduction of said
system is deemed inappropriate by the City Council, storm water drainage shall
be discharged to marshlands, swamps, retention basins, or other treatment
facilities. Diversion of storm water to marshlands or swamps shall be
considered for existing or planned surface drainage. Marshlands and swamps
used for storm water shall provide for natural or artificial water level control.
(B)No existing ditch, stream, drain, pond, or drainage canal shall be deepened,
widened, rerouted, or filled without permission from the City Council.
(C)Where artificial channels must be constructed to augment the natural drainage
system, such channels as well as the natural drainage ways may be planned as
part of a recreation system.
(D)The drainage system shall be constructed and operational during the initial
phases of construction.
(E)In addition to their stormwater control function, ponds or other natural
drainage systems shall be designed so as to provide an aesthetic amenity to the
neighborhood(s) it serves. Where practical, ponds should be located with street
frontage to provide public views, and allow the area to take advantage of the
visual benefits of the water or open space. Generally, ponds that are tucked
behind lots shall not be considered to be acceptable design. (5/13/02, #375)
11-5-7:STEEP SLOPES: Subdivision design shall be consistent with limitations presented by
steep slopes. Subdivisions shall be designed so that no construction or grading will be
conducted on slopes steeper than eighteen (18) percent in grade.
11-5-8:WETLAND SYSTEMS: Where the subdivision of a lot or tract of land contains
drainageways, watercourses, floodable areas, or wetlands and thus may be unsuitable
for development, such areas shall be handled as follows.
(A)If said land is designated in whole or in part as park, open space, or other
public use on an adopted plan of the City, the developer shall dedicate said
land to the City in accordance with Chapter 6 of this ordinance.
(B)If said land is not designated as a park, parkway, or other public use on an
official plan, then the developer shall cause said land to be carried in a private
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 5/Page 7
easement in the individual deeds affected thereby, and no permit shall be
issued for a building permit.
(C)The developer may submit a proposal for development indicating how, through
site and engineering design, the intent of this ordinance will not be violated if
approved. In addition, the developer shall provide a surety bond to the
approving City to insure that such will be done at a specific time if approved.
If Option (C) is chosen, any development or platting shall comply with the
Monticello Zoning Ordinance and/or Wright County Shoreland Regulations.
11-5-9:OPEN SPACE AND LANDSCAPING
(A)Every subdivision shall include a landscape plan that identifies areas of public
value, including significant views, natural vegetation, or watercourses, even
where said features may be located upon private lots. The landscape plan shall
provide for the addition of trees, shrubs, and groundcovers or grasses that
achieve the following objectives:
1.Establish naturalized woodland areas in large spaces.
2.Establish naturalized areas around stormwater ponds.
3.Establish naturalized woodland areas at the edges of subdivisions,
particularly in areas of land use changes or where the subdivision abuts
a major roadway, utility line, or railroad.
(B)The landscaping plan shall be accompanied by a reliable estimate of
installation costs.The subdivider shall provide a financial security that
guarantees live growth of the plant materials for a two (2) year period from the
date of installation. In the event the plant materials under this plan must be
replaced due to death, disease, or other reason, said financial security shall be
extended to cover an additional two (2) years from the date of replacement.
(5/13/02, #376)
MONTICELLO SUBDIVISION ORDINANCE Title XI/Chapter 6/Page 1
CHAPTER 6
PARKS, OPEN SPACE AND PUBLIC USE
SECTION:
11-6-1: Dedication Requirement
11-6-2: Cash Contribution
11-6-3: Delayed Dedication Payment
11-6-4: Purchase or Condemnation of Lands
11-6-5: Location and Configuration of Dedication
11-6-1: DEDICATION REQUIREMENT:
(A) Pursuant to Minnesota Statutes 462.358, Subdivision 2b, the City Council
of Monticello shall require all developers requesting platting or replatting
of land in the City of Monticello to contribute an amount of land for public
park and trail purposes. The location of said land shall be at the discretion
of the City Council. The amount of said land shall be reasonably
commensurate with demand that the platting or replatting places on the
City park system, as described in the Comprehensive Plan. For purposes
of this section, an amount of land equal to eleven percent (11%) of the
total gross land area of the plat shall be presumptively defined as
“reasonably commensurate.” In the event that the subdivider objects to
the eleven percent (11%) standard, the City shall, at the developer’s
request and expense, conduct a specific dedication study of the park
system and the demand placed on the system by the proposed plat. Prior
to conducting the study, the City shall obtain a waiver of statutory time
lines for plat approval during the conduct of the study. No approval of
final plats, nor construction of any improvements, shall occur until the
park dedication study is completed. In lieu of land dedication, the City
Council may require a cash contribution in accordance with Minnesota
Statutes, or a combination of both. The City Council’s decision on land
and/or cash shall be made following recommendations from the City’s
Park Commission and staff, in accordance with the Comprehensive Plan.
(#412 8/23/04; #501 6/22/09)
(B) In accordance with Minnesota Statutes, where the City Council determines
that the park dedication requirements shall be paid in a cash contribution,
the amount of said contribution shall be based on the market value of the
raw land not later than at the time of final plat. The City may require that
the subdivider provide an appraisal to determine the market value. In the
alternative, the city may, by Ordinance, establish a fee per residential unit
that will meet the cash dedication requirement. The determination of the
appropriate fee calculation shall be made by the City Council.
(#412 8/23/04; #501 6/22/09)
MONTICELLO SUBDIVISION ORDINANCE Title XI/Chapter 6/Page 2
(C) The City Council shall not accept for credit against a subdivider’s park
dedication requirement any of the following:
1. Delineated wetlands.
2. Land within a designated flood plain.
3. Land encumbered by a utility easement such as a petroleum or
electric power transmission line (except where such easement is a
standard platting requirement of the City of Monticello pursuant to
Section 11-5-4 of this Chapter, and where the City determines that
the land within the easement will be usable for park, trail or open
space purposes).
4. Land within a drainage easement or other land required for
stormwater treatment.
The City may, at its discretion, accept lands in the above categories for
park dedication purposes if it deems the dedication to be of public benefit.
No credit shall be given against the subdivider’s park dedication
requirement, however, unless the City determines that the land will be
used for a specific public park, trail or open space purpose.
(#412, 8/23/04)
(D) Land dedicated for park purposes shall be transferred to the City of
Monticello by warranty deed. The transfer of said land shall occur at the
time of recording of the final plat. For multiple-phased developments, all
of the park dedication land shown on the approved Preliminary Plat shall
be transferred to the City upon recording of the first final plat, in the form
of Outlot(s) and shall not be shown as “Park” on the plat. The
Development Agreement may permit the phasing of said land transfer. In
addition, the Development Agreement shall grant the subdivider a license
to enter the park dedication land for the purposes of required grading,
seeding or other work approved by the City Council.
(#412, 8/23/04)
(E) In addition to the park dedication requirements listed above, each newly
subdivided lot shall pay a surcharge for park and trail development
purposes. The surcharge will be at a prevailing rate as determined by the
City Council.
(#412, 8/23/04)
11-6-2: CASH CONTRIBUTION: All monies collected from cash contributions shall be
placed in a special fund from which only those public uses as listed in (1) above
may be constructed or improved or land for those same uses may be acquired.
11-6-3: DELAYED DEDICATION PAYMENT: Upon petition by the developer, the
Council may approve a delay in the actual dedication of the cash required in lieu
MONTICELLO SUBDIVISION ORDINANCE Title XI/Chapter 6/Page 3
of land until such time as development occurs on the property being platted
provided that a proper legal agreement is executed guaranteeing such dedication.
Delayed dedication payment shall include eight percent (8%) interest per year.
11-6-4: PURCHASE OR CONDEMNATION OF LANDS: Where a proposed park,
playground or other recreational area, proposed school site, or other public ground
that has been indicated in the official map and/or master plan is located in whole
or in part within a proposed subdivision, such proposed public site shall be
designated as such and should be dedicated to the City, School District, or other
proper governmental unit. If the subdivider chooses not to dedicate an area in
excess of the land required under this section hereof for such proposed public site,
the Council shall be required to act to approve or disapprove the plat of the
subdivision for a period of ninety (90) days after the subdivider meets all the
provisions of the subdivision title in order to permit the Council, School Board, or
other appropriate governmental unit to consider the proposed plat and to take the
necessary steps to acquire, through purchase or condemnation, all or part of the
public site proposed under the official map or master plan.
11-6-5: LOCATION AND CONFIGURATION OF DEDICATION: In such cases where
the developer is required to dedicate land area, the City Council of the City of
Monticello shall have the right to determine the geographic location and
configuration of said dedication.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 1
CHAPTER 7
REQUIRED BASIC IMPROVEMENTS
SECTION:
11-7-1:General
11-7-2:Street Improvements
11-7-3:Sanitary Sewer and Water Distribution Improvements
11-7-4:Public Utilities
11-7-1:GENERAL:
(A)Before a final plat is approved by the City Council, the owner or subdivider of
the land covered by the said plat shall execute and submit to the Council an
agreement, which shall be binding on his or their heirs, personal
representatives, and assigns, that he will cause no private construction to be
made on said plat or file or cause to be filed any application for building
permits for such construction until all improvements required under this
ordinance have been made or arranged for in the manner following as respects
the streets to which the lots sought to be constructed have access.
(B)Prior to the making of such required improvements, the City Council shall
require the owner or subdivider to pay to the City an amount equal to a
minimum of 25% and up to 100% of the estimated total cost of such
improvements, including not only construction but all indirect costs. The
actual percentage to be determined by the City in each case based on its review
of:
1.The financial background of the developer.
2.The normalcy of the unit charge
for putting in the improvement.
3.An evaluation of the cost recovery potential through the sale of
the land.
4.The likelihood of success of the development.
5.Has the developer defaulted on any outstanding assessment
payments in the past twelve (12) months.
This payment must be made to the City prior to the City Council adopting the
resolution ordering the project. The balance of the total project cost will be
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 2
assessed 100% against the benefitted property payable in not more than ten
(10) annual installments with interest at a rate of at least 1.5% (rounded up to
the nearest .25%) over the rate paid on bonds issued to finance the
improvements or, if financed internally, over the then equivalent rate the City
determined it would have to pay on bonds issued at that time, provided,
however, that the entire assessment balance outstanding against a given parcel
is to be paid in full prior to the issuance of a certificate of occupancy permit for
principal use of new construction on that parcel or within 180 days after a
building permit for new construction is issued, whichever comes first. In the
event a building permit is applied for prior to completion of installation of the
improvements, the payment to the City shall be in an amount equal to 125% of
the estimated total assessment. Upon completion of the project and
determination of the actual cost to be assessed, any overcharge will be refunded
and any additional cost will be due the City within 30 days of notification of
such additional cost. If, for any reason, subsequent to having made such
advance payment to the City the developer should withdraw from the project,
the City is entitled to retain an amount equal to the City's cost related to the
project to that time, and the balance shall be refunded to the developer.
(#66, 3/26/79)
(C)No final plat shall be approved by the City Council without first receiving a
report from the City Engineer certifying that the improvements described
herein, together with the agreements and documents required herein, meet the
minimum requirements of all applicable ordinances. Drawings showing all
improvements as built shall be filed with the City Clerk.
(D)No final plat shall be approved by the City Council on land subject to flooding
or containing poor drainage facilities and on land which would make adequate
drainage of the streets and lots impossible. However, if the subdivider agrees
to make improvements which will, in the opinion of the City Engineer, make
the area completely safe for residential occupancy and provide adequate street
and lot drainage and conform to applicable regulations of other agencies such
as the U.S. Corps of Engineers or the Department of Natural Resources, the
final plat of the subdivision may be approved. In addition, such plats may not
be approved if the cost of providing municipal services to protect the flood
plain area wo u l d impos e an u n reas o n ab l e economic b u rden u p o n the City.
(E)All of the required improvements to be installed under the provisions of this
ordinance shall be inspected during the course of their construction by the City
Engineer. All of the inspection costs pursuant thereto shall be paid by the
owner or subdivider in the manner prescribed in Paragraph (B) above.
(F)Water, sanitary sewer, and storm sewer lateral lines shall be assessed 100%
against the benefitted property within the proposed subdivision. These
assessments shall be made on a residential housing unit basis.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 3
(G)Water, sanitary and storm sewer trunk lines shall be assessed 100% against the
benefitted property, whether or not the services are made immediately available
to the property, on a net platted area basis. The assessments will utilize a per
acre unit for large undeveloped areas and a per square foot unit for platted
properties.
(H)The cost of constructing permanent streets, including curb and gutter, will be
100% assessed against benefitted property based on front footage. Corner lots
shall be assessed for frontage only with no charge made for the long side lot
footage. Costs resulting from intersections and side lot footage shall be
included in the total amount to be assessed and apportioned over the net
assessable footage.
In the case of off-shaped lots, the footage shall be measured at the building
setback line; however, in no event shall the assessable footage be less than the
minimum l o t width as required by the City.
(I)At the request of the owner or subdivider, the City may agree to spread all of the
assessments against the subdivision on a per lot or residential housing unit basis
rather than on the various methods set forth in (F), (G), or (H) above.
(J)In all cases, the procedure for local improvements prescribed in Minnesota
Statutes, Chapter 429, shall be followed.
(K)The requirements of this ordinances are intended to be compatible with the
assessment policy ordinance 13-1-1 through 13-1-3.
(#57, 6/12/78)
(L)The City Council retains the option of allowing a subdivider/developer to install
all required public improvements at the subdivider/developer's own expense
provided that plans and specifications have first been approved by the City
Engineer, and further that all improvements installed by the subdivider/developer
shall be inspected during the course of construction by the City Engineer. All
plan review and inspection costs pursuant thereto shall be paid by the
subdivider/developer. In the event that the City Council allows a
subdivider/developer to construct/install improvements and said improvements
may at some future time be utilized by subsequent subdividers/developers, the
City shall not rebate, refund, reimburse, or in any manner offer payment or
repayment to the subdivider/developer who originally constructed/installed said
improvements. Nothing in this section shall prohibit or prevent the City from
establishing a fee, charge, or assessment against the subsequent
subdivider/developers which benefit from said prior improvements for the
purpose of maintaining or upgrading the public improvements.
(#149, 9/9/85)
11-7-2:STREET IMPROVEMENTS:
(A)The full width of the right-of-way shall be graded, including the subgrade of the
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 4
areas to be paved, in accordance with standards and specifications for street
construction as required by the City Council.
(B)All streets shall be improved with pavement in accordance with the standards
and specifications for street construction as required by the City Council.
(C)All streets to be paved shall be of an overall width in accordance with the
standards and specifications for street construction as required by the City
Council.
(D)Curb and gutter will be constructed as required by the standards and
specifications for street construction as required by the City Council.
(E)Storm sewers, culverts, storm water inlets, and other drainage facilities will be
required where they are necessary to insure adequate storm water drainage for
the subdivision. Where required, such drainage facilities shall be constructed in
accordance with the standards and specifications for street construction as
required by the City Council.
(F)Street trees and boulevard sodding shall be planted in conformance with the
standards and specifications as required by the City Council.
(G)Street signs of the standard design as may be required by the City Council shall
be installed at each street intersection.
(H)Sidewalks of standard design as may be required by the City Council.
11-7-3:SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS:
(A)Sanitary sewers shall be installed as may be required by standards and
specifications approved by the City Council.
(B)City water facilities, including pipe fittings, hydrants, etc., shall be installed as
may be required by standards and specifications approved by the City Council.
Where City water facilities are not available for extension into the proposed
subdivision, the City Council may by ordinance grant a franchise for such water
facilities to serve all properties within a subdivision where a complete and
adequate neighborhood water distribution system is designed in conjunction with
the subdivision and complete plans for the system are submitted for approval of
the City Council.
(C)Where City sewer and water facilities are not available for extension into
proposed subdivision, the Council may permit the use of individual water and
sewer systems in accordance with appropriate state regulations.
11-7-4:PUBLIC UTILITIES:
(A)Where feasible, in the opinion of the Engineer, all utility lines for telephone and
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 7/Page 5
electric service shall be placed in rear line easements when carried on overhead
poles.
(B)Where telephone, electric, and/or gas service lines are to be placed underground
entirely, conduits or cables shall be placed within easements or dedicated public
ways in such a manner so as not to conflict with other underground services. All
drainage and other underground utility installations which traverse privately
owned property shall be protected by easements furnished by the subdivider.
(C)Each public utility company installing underground facilities must file with the
City an as built drawing within one hundred eighty (180) days of installation
indicating the location of the utility in relation to the property lines, elevation of
the facility, and the ground elevation at each service or at each one hundred
(100) foot interval. The type, size, voltage, or pressure of this facility, including
location of appurtenances along the lines for shut off control, shall also be
included.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 8/Page 1
CHAPTER 8
REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS
SECTION:
1 1 -8 -1:R egis t ered Land S u rveys
11-8-2:Conveyance by Metes and Bounds
11-8-1:REGISTERED LAND SURVEYS: It is the intention of this ordinance that all
registered land surveys in the city of Monticello should be presented to the Planning
Commission in the form of a preliminary plat in accordance with the standards set
forth in this ordinance for preliminary plats and that the Planning Commission shall
first approve the arrangement, sizes, and relationship of proposed tracts in such
registered land surveys and that tracts to be used as easements or roads should be so
dedicated. Unless a recommendation and approval have been obtained from the
Planning Commission and City Council respectively in accordance with the standards
set forth in this ordinance, building permits will be withheld for buildings on tracts
which have been so subdivided by registered land surveys, and the City may refuse to
take over tracts as streets or roads or to improve, repair, or maintain any such tracts
unless so approved.
11-8-2:CONVEYANCE BY METES AND BOUNDS: No conveyance in which the land
conveyed is described by metes and bounds shall be made or recorded if the parcels
described in the conveyance are five (5) acres or less in area and three hundred (300)
feet in width unless such parcel was a separate parcel of record at the effective date of
this ordinance. Building permits will be withheld for buildings or tracts which have
been subdivided and conveyed by this method, and the City may refuse to take over
tracts as streets or roads or to improve, repair, or maintain any such tracts.
Not withstanding the previous prohibition, a person may request an
administrative subdivision of property described by metes and bounds under
the following conditions:
a.The purpose of the subdivision is to combine two (2) or more parcels of
record to create a parcel conforming to the requirements of the
applicable zoning district.
b.The purpose of the subdivision is to divide one (1) previously platted
parcel into no more than two (2) buildable parcels, both of which will
be in full conformance with all applicable zoning regulations, and for
which no public right of way, easements, or other drainage concerns are
evident to the Zoning Administrator.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 8/Page 2
Said administrative subdivision shall be subject to approval of the Zoning
Administrator, who may at his or her discretion, refer the subdivision to other
City staff for review and recommendation. If the Zoning Administrator
approves the proposed subdivision, he or she shall place the proposed
subdivision on the agenda of the next City Council meeting which is no less
than three (3) weeks from the date of a complete submission.
In the event that the County Recorder shall refuse to record an administrative
subdivision due to the legal description of the proposed parcels or for any other
reason, the applicant shall be required to comply with all of the requirements of
the Subdivision Ordinance for Preliminary Plats. (#426, 7/11/05)
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 9/Page 1
CHAPTER 9
VARIANCES
SECTION:
11-9-1:General
11-9-1:GENERAL
(A)The Planning Commission may recommend a variance from the provisions of
this ordinance when, in its opinion, undue hardship may result from strict
compliance. In recommending any variance, the Commission shall prescribe
only conditions that it deems necessary to or desirable for the public interest.
In making its recommendations, the Planning Commission shall take into
account the nature of the proposed use of land and the existing use of land in
the vicinity, the number of persons to reside or work in the proposed
subdivision, and the probable effect of the proposed subdivision upon traffic
conditions in the vicinity. A variance shall only be recommended when the
Planning Commission finds:
1.That there are special circumstances or conditions affecting said
property such that the strict application of the provisions of this
ordinance would deprive the applicant of the reasonable use of his land.
2.That the granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which property
is situated.
3.That the variance is to correct inequities resulting from an extreme
physical hardship such as topography, etc.
After consideration of the Planning Commission recommendations, the City
Council may grant variances subject to 1, 2, and 3 immediately above.
(B)Any recommendations for variances to the City Council in connection with the
acceptance of the final plat of a subdivision shall be made through the Planning
Commission.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 9/Page 2
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 10/Page 1
CHAPTER 10
FEES
SECTION:
11-10-1:Base Fee per Application
11-10-2:Staff and/or Consultant Fee
11-10-3:Payment
11-10-1:BASE FEE PER APPLICATION: To defray administrative costs for processing of
subdivision applications, variances, or appeals, a base fee of Fifty Dollars ($50.00) per
application shall be paid by all applicants.
11-10-2:STAFF AND/OR CONSULTANT FEE: In order to defray the additional cost of
processing said applications, all applicants shall pay the total cost of staff and/or
consulting time spent exclusively in producing materials for the applicant's request
plus all material cost for said request.
(A)"Materials" shall include but not be limited to maps, graphs, charts, drawings,
etc., and all printing or reproduction of same.
(B)"Staff and/or Consulting Time" shall include any time spent in either
researching for or actual production of materials.
(C)The hourly rate for "staff and/or consulting time" shall be established and made
available to the applicant by the City Clerk prior to production of any
materials, and the applicant shall be given a reasonable estimate of projected
time and/or material costs.
11-10-3:PAYMENT: Fees shall be payable at the time applications are filed with the City
Clerk and are not refundable unless application is withdrawn prior to referral to the
Planning Commission. A deposit to cover staff or consulting time and materials will
be established and required by the City Clerk at the time the base fee is paid. Any
portion of the deposit not spent to defray the above-mentioned costs will be refunded
to the applicant within thirty (30) days after the application process is completed.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 11/Page 1
CHAPTER 11
VIOLATIONS AND PENALTY
SECTION:
11-11-1:Sale of Lots from Unrecorded Plats
11-11-2:Receiving or Recording Unapproved Plats
11-11-3:Misrepresentation as to Construction, Supervision, or Inspection of Improvements
11-11-4:Penalty
11-11-1:SALE OF LOTS FROM UNRECORDED PLATS: It shall be unlawful to sell, trade,
or otherwise convey or offer to sell, trade, or otherwise convey any lot or parcel of
land as a part of, or in conformity with any plan, plat, or replat of any subdivision or
area located within the jurisdiction of this ordinance unless said plan, plat, or replat
s h al l have first b een reco rded i n the Offi ce of the Regi ster of Deed s o f Wri ght County.
11-11-2:RECEIVING OR RECORDING UNAPPROVED PLATS: It shall be unlawful to
receive or record in any public office any plans, plats, or replats of land laid out in
building lots and streets, alleys, or other portions of the same intended to be dedicated
to public or private use or for the use of purchasers or owners of lots fronting on or
adjacent thereto and located within the jurisdiction of this ordinance unless the same
shall bear thereon, by endorsement or otherwise, the approval of the City Council.
11-11-3:MISREPRESENTATION AS TO CONSTRUCTION, SUPERVISION, OR
INSPECTION OF IMPROVEMENTS: It shall be unlawful for any person, firm, or
corporation owning an addition or subdivision of land within the city to represent that
any improvement upon any of the streets, alleys, or avenues of said addition or
subdivision or any sewer in said addition or subdivision has been constructed
according to the plans and specifications approved by the City Council or has been
supervised or inspected by the City when such improvements have not been so
constructed, supervised, or inspected.
11-11-4:PENALTY: Any one violating any of the provisions of this ordinance is guilty of a
misdemeanor and upon conviction shall be punished not more than the maximum
penalty for a misdemeanor as prescribed by state law. Each month during which
compliance is delayed shall constitute a separate offense. (#358, 1/8/01)
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 12/Page 1
CHAPTER 12
EFFECTIVE DATE
SECTION:
11-12-1:Effective Date
11-12-1:EFFECTIVE DATE: This ordinance shall be in full force and effect after its passage
and publication according to law:
Adopted by the Council of the City of Monticello, Minnesota,
this 28th day of July, 1975.
Signed: /s/ C.O. Johnson
Mayor
Attest: /s/ Gary Wieber
City Clerk
Published: August 14 & 21, 1975