Planning Commission Agenda 12-04-2012REGULAR MEETING
MONTICELLO PLANNING COMMISSION
Tuesday, December 4th, 2012
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Chairman William Spartz, Sam Burvee, Brad Fyle, Charlotte
Gabler, Grant Sala
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman
1. Call to order
2. Consideration to approve Planning Commission minutes.
a. Regular Meeting of November 7th, 2012
3. Citizen Comments
4. Consideration of adding items to the agenda
5. Public Hearing – Consideration to approve an Amendment to the Monticello Zoning
Ordinance, Chapter 5, Section 3 – Accessory Uses to allow Machinery/Truck Repair &
Sales, Auto Repair – Minor, Auto Repair - Major as Accessory Conditional Uses in the
B-3 (Highway Business) District; a Conditional Use Permit for Vehicle Sales/Rental; a
Conditional Use Permit for Machinery/Truck Repair & Sales, Auto Repair – Minor and
Auto Repair - Minor; Variance to Monticello Zoning Ordinance, Chapter 4, Section 8 -
Off-Street Parking Requirements; Variance to Monticello Zoning Ordinance, Variance to
Monticello Zoning Ordinance, Chapter 4, Section 1 - Landscaping & Screening
Requirements; and a preliminary and final plat for the Maas Addition.
Applicant: Maas Automotive/Bedrock Motors
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
7. Public Hearing - Consideration to approve an Amendment to the Monticello Zoning
Ordinance Chapter 5, Section 3- Accessory Uses to allow Indoor Storage and Office Uses
as a Permitted Accessory Use in the B-4 (Regional Business), B-3 (Highway Business),
B-2 (Limited Business), B-1 (Neighborhood Business), CCD (Central Community
District) and IBC (Industrial & Business Campus) Districts.
Applicant: City of Monticello
8. Public Hearing – Consideration to approve an Amendment to the Monticello Zoning
Ordinance, Chapter 4, Section 1 - Landscaping & Screening for adoption of regulations
pertaining to native landscaping requirements.
Applicant: City of Monticello
9. Consideration to review and recommend for the expiring terms of Planning
Commissioners and to recommend appointment of Chair and Vice Chair.
10. Consideration to set a date for the January Regular Planning Commission Meeting
11. Community Development Director’s Report
12. Adjourn.
MINUTES
MONT=L L® PLANNING COMMISSION
Wednesday, November 7, 2012 - 6:00 PM
Mississippi Room, Monticello Community Center
Commissioners:
Commissioners Absent:
Council Liaison:
1. Call to order.
William Spartz, Brad Fyle, Grant Sala
Charlotte Gabler, Sam Burvee
Lloyd Hilgart
Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC
Bill Spartz called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes of October 2 2012
Commissioner Fyle moved to approve the minutes of October 2, 2012. Motion was
seconded by Commissioner Sala. Motion carried 3-0.
3. Citizen Comments
None.
4. Consideration of adding items to theagenda
None.
5. Public Hearing — Consideration of a request for Amendment to Conditional Use Permit
for Planned Unit Development as related to residential design standards for R -2A
(Single -Family) District lots. Applicant: Sunset Ponds LLC
Community Development Director Angela Schumann reviewed the staff report for the
request. She indicated that the Planned Unit Development for Sunset Ponds was
approved in 2003, under the previous version of the Monticello Zoning Ordinance. Very
few modifications were made under the original Planned Unit Development to the
"General Building and Performance Requirements" and "Lot Size" requirements for the
development. Instead, the PUD was used to allow a mixing of zoning districts within the
development.
Schumann stated that in December of 2011, the City approved an amendment to PUD for
five lots in the R-1 area of Sunset Ponds. The amendment was proposed by Sunset
Ponds, LLC, the applicant for this request. The amendment sought many of the same
flexibilities proposed with this application. She explained that Sunset Ponds, LLC is
seeking to amend the PUD to allow limited flexibility in building and performance
standards for thirty of the lots it owns within the T -N portion of the development. The
Planning Commission Minutes — November 7b, 2012
balance of the lots in the area will comply with existing base ordinance and PUD
standards.
Schumann stated that the narrative and plans provided by the applicant indicate that the
houses will meet the district's required minimum finished square footage, minimum
garage square footage, and all setback and landscaping requirements for the district.
However, with this PUD amendment, the applicant is seeking flexibility from four
principal design standards. Schumann reviewed each individually.
First, Schumann said that the applicant is seeking the flexibility to allow for stone
veneers, shake siding or similar enhanced styles of accent colors to meet the 20% facade
requirement. The applicant is also seeking clarification on how this standard will be
applied on corner lots. Schumann stated that staff would recommend a requirement that
stone veneer be required on both the garage face area and portico as shown on the
provided plans. Shake siding shall not be permitted in lieu of stone veneer, but only to
complete the required 20% as shown on plans. Staff would further recommend that any
corner lot include additional stone or brick on the secondary right of way elevation to
better meet the intent of the 20% "front building fagade" requirement.
Secondly, each of the home designs proposed exceeds the standard requiring that no more
than 50% of the front of the home faced by made up of garage doors that face the street
standard. The applicants propose exterior design enhancements to off -set the garage -
dominant appearance. These enhancements would include additional gabling and
variation in building materials and colors. The applicants also proposes finished living
space above the garage, cantilevered slightly beyond the garage building line, which
creates a visual break along the front building plane of the homes. Schumann stated that
staff would recommend that this flexibility be supported by a requirement that all garage
doors include raised panels and window lights. The applicant is also seeking to off -set
the flexibility requested by placing cantilevered living area over the garage, effectively
creating the effect of single family living space closer to the street than the garage to
reduce the "garage -forward" appearance.
Lastly, Schumann explained that the applicant is seeking an allowance for a larger garage
footprint than home footprint. Although no floor plans were submitted, the lot plans
submitted by the applicant indicate a garage footprint of 25.5' x 26', a total footprint of
663 square feet. The applicant's narrative also indicates an intent to meet the minimum
garage size of 450 square feet for all garages. The footprint of the home's first floor
foundation is approximately 585 square feet. As such, for at least some of the homes
proposed, the applicant is seeking flexibility from the provision requiring a larger home
footprint than garage footprint. The applicant proposes to include the living area above
the garage as part of the footprint calculation of the home, thereby balancing the garage
and home foundation sizes.
Schumann noted that Sunset Ponds, LLC invited all those within the 500' notice area to a
neighborhood meeting on November 1 st to discuss the currently proposed amendments.
The Planning Commission and City Council were also invited to attend
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Planning Commission Minutes — November 7th, 2012
Schumann concluded by stating that in considering whether to amend an existing PUD,
the City is asked to consider the whether the proposed amendments affect the PUD's
ability to continue to achieve PUD goals outlined by code. Planning Commission will
need to determine whether the amendments proposed will provide the needed balance
between construction of homes which blend into the existing Sunset Ponds neighborhood
and the applicant's desire for a marketable home product.
Schumann asked for any questions. Commissioner Spartz asked if staff was
recommending both raised panels and window lights for the garage doors. Schumann
responded that staff is recommending both on any double door, but either or could be
considered.
Commissioner Spartz asked if the houses are being wired with cable or fiber optics as a
code requirement. Schumann answered that such service is not a code requirement at
this time, but both are available to the neighborhood.
Commissioner Spartz clarified that not all of the remaining T -N lots were included in the
amendment. Schumann confirmed that only a small handful were not included in this
request.
Commissioner Fyle asked if it were standard practice, with corner lots, to require
additional stone or brick. Schumann responded that it is not a code requirement, and in
this case it is staff's recommendation that it is related to the visibility of corner lots. The
status of this development is under a PUD, which gives the opportunity to request design
enhancements and because these are all narrow lots, the larger extent of the home exists
on the secondary face.
Commissioner Spartz opened the public hearing.
Don Jensen, addressed the Commission as a representative for the applicant, Sunset
Ponds, LLC. Mr. Jensen briefly described the characteristics of the neighborhood, the lot
size and type of housing. Jensen outlined the lots included in the request.
Mr. Jensen noted that a tour was held for staff, planning commissioners, and residents
where they could view the interior and exterior of the proposed houses built by the same
builder. He stated that there is a lot more going on visually with the house designs
proposed, in terms of the type of materials, colors used and articulation. These differ
from what was proposed in the original neighborhood. The shakes and brick make it
easier along with other materials to create more interest with home buyers than what was
originally intended.
Mr. Jensen mentioned that sometimes window lights are desired by owners and
sometimes not, that is why the applicant is asking for flexibility. Some home buyers
wish to insulate their garage. This particular type of window could create a problem with
an insulated garage in terms of cost of insulating a door with windows. He pointed out
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Planning Commission Minutes — November 76, 2012
that one of the original hopes for this neighborhood was to bridge pricing from the
townhomes to the narrower lots to the larger lot developments so that opportunities were
kept for a variety of home buyers. This would require some flexibility with window
lights and raised panels and so forth. Five different color pallets were submitted. Also in
the package, is the design with the portico has a two car garage door, with the space
behind the window, is actually a third car space, which makes a fairly large garage.
However, when the plans were shifted to create a three car garage with three car garage
doors is when we came to the need for more flexibility and more effective language. And
one way they could deal with it was with the second floor. In addition, at one of the
neighborhood meetings, one of the neighbors suggested a two car garage plan be created.
Mr. Jenson stated that the real goal in terms of the flexibility is that Fedder Homes has a
clear path with which to work with home buyers, a clear path as to how they can modify
some home designs to make flexibility work to get build out going. In addition he stated
that perhaps not all the lots may be built by Fedder, so having criteria to follow and hand
off in the future would be important. With that, Mr. Jenson asked for questions.
Commissioner Fyle referenced staff's recommendation, and questioned if windows in the
garage doors keeps it significantly aesthetically pleasing, but stated that he is leaning
more to the side of requiring stone.
Commissioner Sala stated that he is supportive of the window recommendation, but is not
clear on the stone/brick recommendation. Schumann clarified that staff' recommendation
was that the shakes are not to be used exclusively in place of any brick or stone, but
rather that some type of brick or stone will still be used, with shakes to compliment the
stone or brick in order to reach the 20%.
Council liaison Hilgart asked if there was a code requirement for finishable square feet.
Schumann replied that there is no finishable square footage. The R-1 and R-lA have
minimum square footages, minimum finished square footages and minimum finishable
square footages. The R -2A, now T -N does not have a minimal finishable square footage,
only a minimum total and minimum finished.
Council liaison Hilgart commented that as far as the garage doors go, it doesn't matter if
they have windows or not, but given the style of the house, the garage doors should have
decorative hardware.
Mr. Jensen responded that some like the hinges and windows and some buyers do not.
He is trying to represent what an even fair compromise might look like. Mr. Hilgart
asked if the size of the house is the same whether it has a two or three car garage. Mr.
Jensen answered that there is flexibility in the way the homes are designed; some of the
homes have two bathrooms and some have three, but the majority of the square footages
in the Hickory Plan are the same. Mr. Hilgart referenced the plans, and confirmed that
there was not a potential to have 20% brick or stone due to the design on some of the
plans. Schumann confirmed. On the design of the fagade, the area available for brick or
stone was maximized and therefore the shakes were sought in order to reach the required
20%. Commissioner Hilgart offered that it might not be as appealing to look at another
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Planning Commission Minutes — November 7", 2012
garage door, but at least that way there is more available storage.
Council liaison Hilgart inquired how many people received a notice. Mr. Jensen replied
that everyone who staff sent a notice to was contacted. Schumann stated that for the
notification area, a new ordinance rule was followed, which is everyone within 500 feet
of the affected area.
Mr. Hilgart asked if this neighborhood was an association neighborhood. Schumann
responded, stating that staff has asked the applicant to research the status of the
association, and check into the irrigation issues with the water superintendent. Mr.
Jensen said there is an association, but it was under the control of the original developer,
more than likely just to accommodate some of the maintenance. For this he said he will
defer to the ownership group. Mr. Steve McCann, representative for Sunset Ponds, LLC,
said that after researching, it was determined that this area does not an active association.
The irrigation system is completely shut off. HE indicated that Sunset Ponds LLC does
not to make it an active association, and would rather take the approach that an individual
irrigation system is put in.
Schumann volunteered to talk with the water superintendent and the city attorney in
defense of people who bought a house under the impression that they could use a
common sprinkler system. However, because it is private, it is up to the property owners
to research legal rights when it comes to private, inactive associations.
Mr. Jensen said that that the owner of the lots bought them from the bank because the
original developer or creator of the documents is no longer available. So this set of lots
and future residents will have the same issues that were perhaps being asked of the
previous built ownership. At the end of the day, they are responsible for their own water
whether they have one common bill and divide it, or an individual system. The payer of
the bill is still the residents of that community.
Commissioner Spartz asked if the 32 proposed lots fit a three car, two -door garage. Mr.
Jenson responded, that, yes, the houses are 32 feet wide, with the Hickory design, on a 52
foot wide lot. There is a 6 foot side yard setback as a minimum.
Commissioner Spartz asked the applicant if he were familiar with all the items listed in
Exhibit Z. He specifically referred to item number 6, about the garage doors, saying it
says double garage doors. He indicated that he would prefer to see it read `all garage
doors need to have raised panels' so everything matches.
Mr. Jensen said that the applicant would like to see flexibility with the third door where
the raised panels might be used just not necessary with the windows. Commissioner
Spartz stated he was in agreement with the flexibility on the garage doors, but would like
to see the water piece clarified. He liked the idea of the provision of the three car garage,
because there zoning restrictions on outdoor storage. His thought is that the conditions
could be revised to require that all garage doors include raised panels and allow window
lights as an accessory.
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Planning Commission Minutes — November 7h, 2012
Commissioner Sala asked that if the houses the Commission were being shown were
indeed real examples of existing houses found in the neighborhood. Mr. Jensen replied
that some are, and some are from the surrounding communities, such as Buffalo.
Commissioner Sala stated that he is trying to discern whether the houses that are
proposed would fit into what already exists in the neighborhood, as far as the garage
doors go.
Mr. Jenson said that the existing houses' garage doors do in fact have windows.
Commissioner Sala questioned the amount of houses that have the craftsmen style hinges
and handles on the garage doors.
Mr. Jenson said that out of the small handful of houses that are actually built in the
neighborhood, he doesn't remember seeing many that have the craftsmen upgrades.
Mr. Jenson replied that the existing homes were built by others but the garages have
window lights and raised panels and the houses predominately have brick accents.
Council liaison Hilgart asked if any homes had shared driveways. Schumann replied that
the previous builder struggled to find a design that would fill the requirements in the R -
2A narrow lots. The solution they arrived at was using original design and incorporated
the shared driveways. This current scenario eliminates the shared driveway
configuration. The applicant indicated it was not their preference to include shared
driveways.
Commissioner Spartz closed the public hearing to be brought back up to the commission.
COMMISSIONER FYLE MOTIONED TO APPROVE RESOLUTION 2012-093,
RECOMMENDING APPROVAL OF AN AMENDMENT TO CONDITIONAL USE
PERMIT FOR PLANNED UNIT DEVELOPMENT AS RELATED TO RESIDENTIAL
DESIGN STANDARDS FOR T -N (SINGLE-FAMILY) DISTRICT LOTS FOR
SUNSET PONDS, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z,
WITH ITEM 6 TO BE AMENDED TO REQUIRE RAISED PANELS WITH
OPTIONAL WINDOW LIGHTS ON THE GARAGE DOORS, AND BASED ON
FINDINGS IN SAID RESOLUTION. COMMISSIONER SALA SECONDED THE
MOTION.
Commissioner Spartz called for discussion, inquiring whether Commission Fyle wished
to address the irrigation in his motion. Commissioner Fyle questioned if it was an issues
for Planning Commission. Schumann said that staff will consult with the City Attorney
and search the county document records for the association document to try and achieve
more clarity prior to this going forward to Council. If recommended for approval, it will
go to Council Tuesday evening on the consent agenda.
Commissioner Sala inquired whether anyone had asked he existing homeowners whether
they would like an association. Mr. Jensen indicated that his perception is that most
would prefer to manage their own systems.
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Planning Commission Minutes — November 7"', 2012
MOTION CARRIED 3-0.
Exhibit Z — Conditions of Approval
Sunset Fonds, LLC
1. The plans submitted for building permit shall comply with the zoning ordinance
minimum finished square footage standards.
2. The plans submitted for building permit shall comply with the zoning ordinance
minimum setback requirements.
3. Stone or brick veneer shall be required on both the garage face area and portico as
shown on the provided plans and dated October 6th, 2012.
4. Shake veneer shall not be permitted as an exclusive treatment in lieu of stone or
brick veneer, and shall only be used to compliment the brick or stone in meeting the
required 20% as shown on plans.
5. Any corner lot shall include additional stone or brick on the secondary right of way
elevation to better meet the intent of the 20% "front building fagade" requirement.
6. All garage doors include raised panels and may include window lights.
7. No homes on abutting properties may be constructed of the exact same exterior
home design.
8. The applicant enter into an agreement for amendment to Planned Unit Development
for Sunset Ponds and Sunset Ponds 2nd Addition.
6. Public Hearim - Consideration of a request for Conditional Use Permit for
Entertainment/Recreation — Indoor Commercial, Places of Public Assembly, and
Restaurant and Retail uses under 10,000 square feet in the F-3 Sub -District of the
CCD (Central Community District). Applicant: Hillside Partnership, LLC
Community Development Director Schumann provided an overview of the staff report
for the request. She stated that the applicant is requesting a conditional use permit to
allow a mixing of retail, indoor commercial recreation, places of public assembly, and
restaurant uses for future tenants in an existing multi -tenant commercial building.
Schumann provided the Commission with the land use history of the site, including the
rationale for a new conditional use permit. She indicated that in 1992, the property was
issued a Conditional Use permit for retail commercial uses under a Performance Zone -
Mixed District. The property also received variances related to parking, and
subsequently rezoned another portion of the property to allow for the expansion of the
parking area. Following the completion of the 1997 Downtown Revitalization Plan, the
City adopted changes both to its comprehensive plan and zoning ordinance, consistent
with the 1997 plan. At that time the zoning for this property was amended to CCD,
Central Community District. Retail and restaurant uses became permitted uses in the
new CCD, and the old CUP was extinguished. Then, in 2011, the City adopted the
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Planning Commission Minutes — November 7`h, 2012
Embracing Downtown plan and again adopted amendments to the zoning ordinance in
support of the plan. However, with this series of amendments, the CCD zoning remains
in place, but with "sub -district" designations which reflect the character of various
districts within the downtown itself.
As such, Schumann stated that this property has retained its CCD zoning designation, but
is now within the F-3 (Transitional) sub -district. The F-3 classification is related to the
property's location at the edge of the downtown, where commercial properties often abut
residential uses. The code once again requires Conditional Use Permits for retail and
restaurant uses under 10,000 square feet and Hillside Partnership is required to obtain a
new CUP for tenant spaces vacant for more than one year.
Schumann indicated that the City must evaluate the new uses under the 2012 CCD zoning
code. Other unrelated permanent site conditions that have been continuously used on this
site would be grandfathered in if out of compliance with the current code, or, allowed
under any variances approved at the time of their development.
Schumann stated that the applicant is seeking approval to allow a mix of potential tenants
within the existing building. These tenants may include retailers, restaurants, and places
of public assembly. At the present time, the building has three available tenant spaces.
No outdoor activity for any of the above proposed uses is requested under this CUP. The
applicant has been advised that such uses would require a separate CUP.
Schuman indicated that the zoning code outlines a set of criteria for CUPS overall, and
then by individual use. Schumann reviewed the overall CUP criteria first, stating that the
application meets each of the requirements, provided that they are applicable. Schumann
took time to address the condition requiring that the conditional use can provide adequate
parking and loading spaces, and all storage on the site can be done in conformance with
City code requirements. She stated that a detailed parking analysis was completed based
on existing tenants. The current site uses require a total of 42 spaces. The proposed BL
Bikes use would require an additional 25 spaces. Based on current parking availability of
180 total spaces, staff believes the proposed uses for the vacant tenant spaces can be
accommodated, subject to a condition that a parking analysis be required for any
restaurant or place of public assembly use tenant prior to occupancy to ensure adequate
supply.
Schuman next reviewed the specific requirements for Entertainment/Recreation — Indoor
Commercial, Places of Public Assembly, Restaurants and Retail uses. She stated that the
property is compliant with all requirements, with the notation that any outdoor uses on
the site will require an additional new CUP.
Schuman reported that subject to the Conditions as outlined in Exhibit Z, staff
recommends approval. The existing building configuration, location and parking can
appropriately accommodate the proposed uses. In addition, the proposed uses adequately
meet the conditions outlined by code.
Planning Commission Minutes — November 7h, 2012
Commissioner Spartz asked if the property held a CUP and remained vacant for a period
of time, would the applicant have to come back again despite the change in the CCD.
Schumann responded that any use requiring a CUP would need to come back after a lapse
of one year. Schumann noted that that this CUP would be drafted such that each of the
listed uses would be conditionally permitted for any and all of the tenant spaces in the
building. What this means is that the entire building would have to be vacant for a period
of 12 months in order for the CUP to lapse or expire. Commissioner Spartz confirmed
that by including the whole building, we will hopefully not have to go through that
process.
Commissioner Spartz next opened the public hearing.
Jim Peterson representative for Bullseye Properties, addressed the Commission on behalf
of the owner, Hillside Partnership. In working to lease this property, he has met with
many prospects. Most of them are inquiring about the four uses that he is requesting
tonight; retail, indoor recreation, places of public assembly, and restaurant use under
10,000 feet. He stated that he has had restaurants under 10,000 feet in the building before
and retail in the building previously. The indoor recreation has basically created the need
for the CUP and lead to the request for other uses under the CUP. Peterson stated that
the application costs can make it difficult to have a conversation and encourage people to
relocate, which is why he is asking for the whole building. The original CCD zoning
permitted uses that included; convince stores, broadcasting, funeral homes, and quite a
few more uses than he is asking for. Peterson stated that the owner would like to move
forward and get the space occupied.
Hearing no other public comment, Commissioner Spartz closed the public hearing.
Commissioner Fyle said that approval is the right way to move forward, as the building is
established, and if another use outside those requested comes forward, it can be reviewed
at that time.
COMMISSIONER FYLE MOVED TO APPROVE RESOLUTION 2012-094,
RECOMMENDING A CONDITIONAL USE PERMIT FOR
ENTERTAINMENT/RECREATION — INDOOR COMMERCIAL, PLACES OF
PUBLIC ASSEMBLY, RESTAURANT AND RETAIL USES FOR THE PROPERTY
LOCATED AT 500-560 CEDAR STREET, SUBJECT TO THE CONDITIONS
OUTLINED IN EXHIBIT Z AND BASED ON FINDINGS AS CONTAINED WITHIN
SAID RESOLUTION. MOTION WAS SECONDED BY COMMISSIONER
SPARTZ. MOTION CARRIED 3-0.
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Planning Commission Minutes — November 7h, 2012
Exhibit Z
500 -560 Cedar Street
Hillside Partnership, LLC
November, 2012
1. The applicant shall provide a parking plan analysis indicating the total amount of
parking for each tenant and the total facility for each tenant space prior to
occupation.
2. Noise shall be controlled consistent with the standards of this ordinance.
3. Any future drive-through use shall require approval of a conditional use permit.
4. Any future outdoor uses, including outdoor restaurant seating and outdoor
commercial recreation, shall require approval of a conditional use permit.
5. The building and tenant space signage shall require separate sign permit approval
subject to the current sign ordinance.
7. Community Development Director Report. (AS)
Schumann reported that commercial and Industrial construction is having another strong
year and as of that date, the City had received 22 new single family home permits.
Schumann reported that On October 31St, 2012, the City received verbal confirmation
from the DNR that they will be sending a formal letter certifying the Mississippi Wild
Scenic and Recreational and Shoreland overlay district language. After two years, this is
the last step in the process. The City now has a fully adopted set of ordinances to protect
our public waters.
Schumann stated that On October 22nd, the City Council approved an amendment to the
existing PUD for the Carcone Addition (as opposed to a new PUD) as related to the
Cornerstone application. The action was requested by the applicant and the other party to
the PUD, Sell Real Estate Holdings. Council also approved an allowance for the 200'
square foot message board.
Schumann also noted that the City Engineer, Building Dept. and Community
Development staff met to begin ordinance re -write process. In our discussions, it was
determined that due to workload issues and the need to incorporate other code or policy
components into the new ordinance, the updating will require more time than originally
anticipated.
Finally, Schumann indicated that the small group of EDA, IEDC and Planning
Commission members had a very productive first meeting with some specific
recommendations for updating the baseline data and reference information in the
chapter. Additions will include 2010 Census econ data, Business Retention & Expansion
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Planning Commission Minutes — November 7t', 2012
information and references to data from new Embracing Downtown plan. We will also
include a current inventory of available industrial land (both in current municipal
boundary and annexation area) as well as how much of that land is available relative to
potential infrastructure investments. From there, the group will discuss specific strategy
statements for potential amendment.
9. Adjourn
COMMISSIONER FYLE MOVED TO ADJOURN THE MEETING AT 7:19 PM.
MOTION WAS SECONDED BY COMMISSIONER SALA. MOTION CARRIED 3-0.
Recorder: Ellen Eden
Approved: December 41'�, 2012
Attest:
Angela Schumann, Community Development Director
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Planning Commission Agenda 12/04/12
5. Public Hearing Consideration to approve an Amendment to the Monticello Zoning
Ordinance, Chapter 5, Section 3 Accessory Uses to allow Machinery/Truck Repair
& Sales, Auto Repair Minor, Auto Repair - Major as Accessory Conditional Uses
in the B-3 (Highway Business) District; a Conditional Use Permit for Vehicle
Sales/Rental; a Conditional Use Permit for Machinery/Truck Repair & Sales, Auto
Repair Minor and Auto Repair - Minor; Variance to Monticello Zoning
Ordinance, Chapter 4, Section 8 - Off-Street Parking Requirements; Variance to
Monticello Zoning Ordinance, Variance to Monticello Zoning Ordinance, Chapter
4, Section 1 - Landscaping & Screening Requirements; and a preliminary and final
plat for the Maas Addition. Applicant: Maas Automotive/Bedrock Motors. (NAC)
Property: 3887 Chelsea Road
Monticello, MN 55363
Sect-10 Twp-121 Range-025 UNPLATTED LAND
MONTICELLO 1 PRT OF SE1/4
The site is located north of Chelsea Road and south of
th
Interstate 94, between Highway 25 and 90 St. NE.
Planning Case Number: 2012 - 037
A. REFERENCE & BACKGROUND
Request(s): Plat to combine existing parcels, Zoning Ordinance
Amendment for Truck Repair & Sales, Conditional Use
Permits for Vehicle Sales and both Automotive and Truck
Repair, Variances from curbing and landscaping standards.
Deadline for Decision: 1/1/2013
Land Use Designation: Places to Shop
Zoning Designation: B-3, Highway Business
Current Site Use: The subject property is currently vacant, occupied by two
metal buildings and partially paved. It is proposed to be
used for a used automobile and truck dealership, repair, and
related business operations.
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Planning Commission Agenda 12/04/12
Surrounding Land Uses:
North: Interstate 94
East: Automobile Dealership
South: Vacant Commercial Property
West: Xcel Training Facility (Former Automobile Dealership
Project Description: The various zoning and subdivision applications are
intended to allow a new vehicle dealership to occupy the
site as is. No current changes are proposed to the buildings
or site improvements, all of which are substandard to
existing zoning regulations. The proposed uses include
Truck Sales and Repair, Automobile Sales and Repair, and
related activities.
Ordinance Requirements: As the site has been vacant for more than one year, the uses
and activities on the property have lost their grandfathered
non-conforming use rights. As such, the establishment of a
new use would need to comply with all zoning ordinance
requirements.
Because the land uses have terminated, the applicant needs
new zoning permits to use the property, which uses must be
in compliance with current zoning codes. The buildings
and paved surfaces have been retained, and may be re-
occupied, however other site improvements will need to
meet the ordinance standards, just as any new development
would. The applicant is seeking variances from the curbing
and landscaping requirements of the ordinance, and
proposes to leave the site and buildings in their existing
states as a part of his occupancy.
ANALYSIS
PLAT
The applicants wish to combine two parcels located at 3887 Chelsea Road (PID
155500104306 and PID 155127000030) into a single parcel, to be used for an automobile
dealership and related business operations. Both parcels are currently zoned B-3
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(Highway Business ), and the newly combined parcel will maintain this land use
designation. The combined parcel is required to meet all requirements of the Monticello
Zoning Ordinance and Subdivision Ordinance, unless approved by variance as noted.
ZONING AMENDMENTS
The applicant is requesting a zoning ordinance text amendment to allow truck sales and
repair as a conditional use in the B-3 District. Truck sales and repair are currently a
permitted use in the Industrial Districts, with use standards described in Section 5.2
Subsection G of the Zoning Ordinance. Although Auto Repair Minor and Auto Repair
Major are allowable principal uses in the B-3 District, staff is recommending that the City
also allow them as conditional accessory uses as part of this review.
The compliance of the proposed development with standards for these uses is addressed
in the site plan analysis provided below.
In addition, recommendations and decisions on zoning amendments shall be based on
consideration of the following criteria described in Section 2.4(B) of the Zoning
Ordinance:
Zoning Amendment Evaluation Criteria:
(a) Whether the proposed amendment corrects an error in the original text or
map; or
(b) Whether the proposed amendment addresses needs arising from a changing
condition, trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the comprehensive plan.
The proposed zoning amendment allowing Truck Sales and Repair as a conditional use in
the B-3 District and Auto Repair Minor and Auto Repair Major as conditional
accessory uses in the B-3 District neither corrects an error in the original zoning text, nor
addresses needs arising from a changing condition, trend or fact affecting the subject
property and area. However, an argument can be made that the proposed amendment is
generally consistent with achieving the goals and objectives of the comprehensive plan.
The comprehensive plan encourages commercial businesses with a regional orientation,
as a way of catering to a greater business base, and suggests the location of such
businesses be in areas where utility and transportation infrastructure is well established.
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Planning Commission Agenda 12/04/12
Truck sales and auto and truck repair at the proposed location off of Interstate 94 and
Chelsea Road should cater to the automobile needs of the greater community and region,
and will be easily accessible to the regional transportation system. In addition,
implementing truck sales and repair on the subject property does not require the
establishment of additional public utility or road systems.
CONDITIONAL USE PERMITS
The applicant has requested Conditional Use Permits to be able to perform vehicle sales
and rental and auto repair major and minor, in addition to requesting a Conditional Use
Permit for truck sales and repair, which is not currently an allowed use in the B-3
District.
In order to be granted approval of the truck sales & repair and auto repair Conditional
Use Permits, the City will have to first approve the aforementioned zoning amendments.
CUP Evaluation Criteria:
In consideration of conditional use permit applications, Chapter 2.4 (D) of the Ordinance
establishes a number of overall criteria that must be satisfied. These are as follows:
(i) The conditional use will not substantially diminish or impair property values within
the immediate vicinity of the subject property;
Comment: It is not anticipated that the addition of the proposed vehicle/truck sales and
repair business will diminish or impair property values in the vicinity of the subject
property. The subject property is surrounded by similar B-3 District businesses (e.g.
Comprehensive Plan, which encourages businesses with a regional orientation to have
easy access to regional transportation systems. With Interstate 94 nearby, the subject
property will be highly accessible, which improves its chances for success.
However, the Comprehensive Plan also encourages commercial businesses to provide
building materials, facades, and signage that create an attractive setting, and to make an
effort to define edges and provide buffering between the commercial use and adjacent
residential properties. Though no residential properties immediately abut the subject
property, neighborhoods directly south will have views of the property, and may be
subject to any noise or related impacts that could result from operations on the site.
Ordinance does not require additional landscaping on car dealership parking or display
lots, but it is recommended that the applicant implement improved landscaping, including
trees, shrubs and perennial plantings, along the south edge of the subject property to
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Planning Commission Agenda 12/04/12
soften the transition between the commercial use and surrounding residential
neighborhoods.
(ii) The conditional use will not be detrimental to the health, safety, morals, or welfare
of persons residing or working near the use;
Comment: It is not anticipated that the activities associated with Bedrock Motors will be
detrimental to the health or welfare of persons in vicinity of the business. Any material
and waste management and disposal associated with automobile/truck sales and repair
will need to be done in a safe manner, and in compliance with the requirements of City
Code and the Zoning Ordinance.
(iii) The conditional use will not impede the normal and orderly development of
surrounding property for permitted uses predominant in the area;
Comment: The B-3 District is partially intended to provide for and limit the
establishment of motor vehicle oriented or dependent commercial and service activities,
and as such the proposed used auto dealership is an appropriate use in the district. The
specific property on which the proposed dealership is to be located has been used for
automobile oriented business in the past, so it is not anticipated that it will negatively
impact surrounding development.
(iv) The conditional use will not pose an undue burden on public utilities or roads, and
adequate sanitary facilities are provided;
Comment: Public utilities and roads currently exist in the area of the proposed auto
dealership, and sanitary sewer service for the site is connected to the City sanitary sewer
in Chelsea Road. Water from an existing on-site well is distributed to the north building
on the subject property, however the south building does not currently have access to
these services. The applicants will need to demonstrate that they have provided adequate
water and sanitary sewer service in accordance with City requirements as a condition of
approval.
(v) The conditional use can provide adequate parking and loading spaces, and all
storage on the site can be done in conformance with City code requirements;
Comment: As the site plan analysis below demonstrates, the site is able to provide the
appropriate number of parking stalls for employee and customer use. The applicants
have not indicated loading spaces and activities on their submitted site plan; any loading
activities will need to comply with the requirements of Section 4.9 Off-Street Loading.
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(vi) The conditional use will not result in any nuisance including but not limited to
odor, noise, or sight pollution;
Comment: It is not anticipated that the proposed conditional uses will create a nuisance,
but is possible that odors or noise may result from auto/truck repair operations on the site.
Any odor or noise pollution associated with the activities on the subject property must be
mitigated according to the requirements of the City Code, Zoning Ordinance, and all
other applicable organizational regulations. As a part of this condition, no services may
be performed outdoors, and doors enclosing the repair facilities should remain shut to
avoid any excess noise.
(vii) The conditional use will not unnecessarily impact natural features such as
woodlands, wetlands, and shorelines; and all erosion will be properly controlled
Comment: The site for the proposed auto/truck sales and repair activities is currently a
combination of paved parking lot and lawn. The applicants have indicated that drainage
from the site will not be changed as a result of their activities but have not provided
evidence of the current water management plan for the site. As a condition of approval
of the proposed conditional uses, the applicants shall provide a grading and drainage plan
for review and approval by the City Engineer, and will need to address any
recommendations the engineer may make. In addition, should impervious surface expand
on the site in the future, all changes will need to meet the requirements for grading,
drainage and erosion control described in the City Code and Zoning Ordinance.
(viii) The conditional use will adhere to any applicable additional criteria outlined in
Chapter 5 for the proposed use.
Comment: Additional criteria based on the specific proposed conditional uses will be
addressed later in this report.
In addition to the overall criteria specified, the Zoning Ordinance also details additional
CUP requirements by use. The following are a description of the standards applicable to
each of the proposed uses for the Bedrock Motors property:
Section 5.2(F)(3) Auto Repair Minor
(a) The use shall be designed to ensure proper functioning of the site as related to
vehicle stacking, circulation, and turning movements.
Comment: The proposed development will need to be in compliance with this standard.
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Planning Commission Agenda 12/04/12
(b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor
vehicle storage may be allowed in an outdoor storage area that is no larger than 25
percent of the buildable area of the lot, is located behind the front building line of the
principal structure, and is screened with a wooden fence or masonry wall in
accordance with Section 4.3, Fences & Walls.
Comment: The proposed development will need to be in compliance with this standard.
(c) If gasoline is sold on-site, the use shall also comply with the standards for Vehicle
Fuel Sales as regulated by this ordinance.
Comment: Gasoline sales are not proposed.
(d) Vehicles not being repaired but used as a source of parts shall be prohibited unless
full enclosed within a building.
Comment: The proposed development will need to be in compliance with this standard.
(e) Vehicles that are repaired and are awaiting removal shall not be stored or parked
for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful
owner before or during the repair process, the vehicle may remain on site as long as is
necessary after the 30 day period, provided the owner or operator of the establishment
demonstrates steps have been taken to remove the vehicle from the premises using the
appropriate legal means.
Comment: The proposed development will need to be in compliance with this standard.
Section 5.2(F)(30) Vehicle Sales or Rental
(a) The minimum building size for any vehicle sales or rental use shall comply
with the standards in Table 5-3.
Comment: Table 5-3 indicates that parcels over four acres in size shall have buildings
covering 15% of the lot, or a minimum of 40,000 square feet in size (whichever results in
the larger building). The subject property is approximately six acres (with the parcel
combination), so 15% lot coverage would result in buildings covering approximately .90
acres (39,204 square feet) of the lot. Because the minimum 40,000 square foot building
size results in a larger building, that standard applies. The two buildings on the subject
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Planning Commission Agenda 12/04/12
property total only 12,100 square feet (7,100 SF and 5,000 SF, respectively). A
mitigating factor is that about half of the property is undeveloped, potentially reducing
the building size requirement to 10,000 square feet for a 3 acre site. Because the
buildings are currently in place, the applicant is proposing to utilize the buildings as they
stand.
(b) When abutting a residential use, the property shall be screened with an opaque
buffer (Table 4-
ordinance.
Comment: The subject property does not immediately abut a residential use, but is in the
vicinity of residential uses to the south.
(c) All lighting shall be in compliance with Section 4.4 of this ordinance.
Comment: The proposed development will need to be in compliance with this standard.
(d) The outside sales and display area shall be hard surfaced.
Comment: The vehicular display areas indicated on the submitted site plans are hard
surfaced.
(e) The outside sales and display area does not utilize parking spaces which are
required for conformance with this ordinance.
Comment: The proposed development is in compliance with this standard.
(f) Vehicular access points shall create a minimum of conflict with through traffic
movement and shall be subject to the approval of the Community Development
Department.
Comment: The proposed development is in compliance with this standard.
(g) There is a minimum lot area of twenty-two thousand five hundred (22,500) square
feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty
(130) feet.
Comment: The proposed development is in compliance with this standard.
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Planning Commission Agenda 12/04/12
(h) A drainage system subject to the approval of the Community Development
Department shall be installed.
Comment: The proposed development will need to be in compliance with this standard, if
it is not already. Because the applicant is seeking a variance from the requirement for
continuous curbs around the parking lot of the subject property, they will need to take
additional efforts to continue to provide adequate stormwater management at the site.
Section 5.2(G)(1) Automobile Repair Major
(a) Door opening to service area garage must not face street frontage.
Comment: The buildings on the subject property are only partially compliant with this
standard. Door openings on the north building face the street, though they are partially
blocked from view by the south building. Door openings on the south building are
visible to the street, but at an angle.
(b) Vehicle storage area limited to 50% of floor space of the structure housing the auto
body shop.
Comment: The proposed development will need to be in compliance with this standard.
(c) All vehicles being serviced and all vehicle parts must be stored inside or in vehicle
storage area.
Comment: The proposed development will need to be in compliance with this standard.
(d) Vehicle storage area shall be enclosed by enclosure intended to screen the view of
vehicles in storage from the outside. Enclosure shall consist of a six foot high, 100%
opaque fence designed to blend with the auto body shop structure and consisting of
materials treated to resist discoloration.
Comment: The proposed development will need to be in compliance with this standard.
The applicant has not indicated outdoor storage beyond vehicle sales display.
(e) The floor of the vehicle storage area shall consist of asphalt or concrete paving.
Comment: The proposed development will need to be in compliance with this standard.
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Planning Commission Agenda 12/04/12
(f) All work on vehicles or vehicle parts shall be conducted within an enclosed
building.
Comment: The proposed development will need to be in compliance with this standard.
(g) The wall facing the public right-of-way shall consist of no more than 50% metal
material.
Comment: The buildings on the subject property are not compliant with this standard.
The applicant is proposing to occupy the existing buildings as-is, relying on the non-
conformity regulations to do so.
(h) The secondary or non-advertising wall facing a public right-of-way shall utilize a
combination of colors or materials that serve to break up the monotony of a single
color flat surface.
Comment: The buildings on the subject property are not compliant with this standard.
The applicants are proposing to maintain metal building materials on site buildings.
Currently metal is the only material used on the buildings, so there is very little variation
in exterior building finish that breaks up the monotony of a single color surface.
(i) No conditional use permit shall be granted for an auto body shop located within 600
feet of a residential zone existing at the time the conditional use permit is granted.
Comment: The south building is an estimated 500 feet from residential properties to the
south, and the north building is an estimated 630 feet from residential properties to south.
This would suggest that any repair services will need to occur in the north building to
being located in the south building.
Section 5.2(G)(8) Machinery/Trucking Repair & Sales and Industrial Services
(a) The entire site other than that taken up by a building, structure, or plantings shall
be surfaced with a material to control dust and drainage which is subject to the
approval of the Community Development Department.
Comment: The entire site, excluding the buildings and lawn area, is hard surfaced.
(b) A drainage system subject to the approval of the Community Development
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Department shall be installed.
Comment: The proposed development will need to be in compliance with this standard, if
it has not already, as a condition of approval.
(c) The lighting shall be accomplished in such a way as to have no direct source of
light visible from adjacent land in residential use or from the public right-of-way and
shall be in compliance with Section 4.4 of this ordinance.
Comment: The proposed development will need to be in compliance with this standard.
(d) When abutting a residential use, the property shall be screened with an opaque
buffer (Table 4-
ordinance.
Comment: The proposed development does not abut a residential development, but
should implement additional landscaping to better block views to residential
neighborhoods to the south.
(e) Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with Section 4.1(F) of this ordinance.
Comment: The proposed development does not abut a residential district, but should
implement additional landscaping to better block views to residential neighborhoods to
the south.
(f) All signing and informational or visual communication devices shall be minimized
and shall be in compliance with Section 4.5 of this ordinance.
Comment: The proposed development will need to be in compliance with this standard.
(g) Provisions are made to control and reduce noise.
Comment: The proposed development will need to be in compliance with this standard.
(h) No outside storage except as permitted or conditionally permitted in compliance
with Section 5.3(D)(22) of this ordinance.
Comment: The proposed development will need to be in compliance with this standard.
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(i) All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the general
welfare and public betterment can be served as well or better by modifying the
conditions.
Comment: The proposed development will need to be in compliance with this standard.
(j) If the business repairs semi-trucks or other large machinery, a specific area shall be
designated for the exterior storage of the things being repaired and/or other vehicles
and equipment accessory and incidental to the vehicle or machinery being repaired or
serviced.
Comment: The proposed development will need to be in compliance with this standard.
SITE PLAN ANALYSIS
The existing subject site and buildings meet lot area and width requirements, building
height requirements, and rear yard setback requirements for the B-3 District.
However, side yard and front yard setback requirements are not met. The site buildings
fall an estimated two feet short of the 30 foot front yard structural setback requirement,
the parking lot falls an estimated 8 feet short of the 30 foot front yard setback
requirement, and the parking lot and drive fall an estimated 1- 8 ½ feet short of the 10
foot interior side yard setback requirement. For the buildings, these are existing
conditions which shall be allowed to continue as existing lawful non-conformities. As
noted later in this report, staff is recommending that the applicant come into compliance
on parking area requirements.
Lighting.
Based on an analysis of aerial and street view imagery of the subject property site
lighting appears to meet key requirements of the lighting ordinance. Freestanding and
wall mounted lighting on the site appears to be shielded and downward facing, which
may limit the impact of illumination from site lighting sources on neighboring properties.
However, the site plan provided by the applicants did not provide detail regarding the
height of freestanding lighting sources or the illumination levels of either interior or
exterior lighting. As a condition of approval, the applicants will have to provide evidence
that existing site lighting meets the height and illumination requirements described in
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Section 4.4(E) of the Zoning Ordinance. If any additional lighting is implemented in the
course of development and use of the site, new lighting will need to comply with all
lighting requirements described in Section 4.4 of the Zoning Ordinance.
Signs.
The applicants have not provided information pertaining to existing signage on the
subject property, but did indicate the intention to combine two parcels and then use the
northern portion of the combined parcel for large business signage off of the interstate.
They will need to apply for a sign permit at that time, including providing a detailed sign
plan for the entire site which will be required to comply with Ordinance requirements.
Off-Street Parking.
The subject property currently consists of approximately 2 acres of relatively flat,
surfaced parking and vehicle display areas. The north parcel also contains approximately
.3 acres of an unutilized surfaced frontage road, which the applicants would like to use as
a truck display area. The remainder of the combined parcels would consist of an
undeveloped area planted in turf, which is not currently proposed for any vehicle display
or parking usage.
An analysis of aerial and street level imagery demonstrates that the design of the sites
vehicular use areas generally complies with the off-street parking requirements of Section
4.8 of Zoning Ordinance. The number and location of curb cut access points on the site
meets code requirements, however the curb cuts are approximately 30 feet in width,
exceeding the allowed curb cut width of 24 feet by six feet. Curb cut access in
commercial districts may exceed the requirement with approval of the Community
Development Department, which will be required as a condition of approval of the
development.
The site plan provided by the applicants provides little detail as to the design of parking
stalls and aisles within the vehicular use area. However, the applicants have indicated
that there will be a total of 178 parking spaces. Of the provided parking spaces, 22 stalls
will be employed for customer and employee use, and 156 stalls are proposed for vehicle
display. The Zoning Ordinance requires that vehicle sales and rental businesses provide
eight parking spaces, plus one additional space for each 800 square feet of floor area over
1000 square feet. In that regard, the applicant has provided adequate off-street parking.
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Final stall, aisle, and driveway design on the subject property will need to be in
compliance with the off-street parking requirements described in Section 4.8(E) of the
Zoning Ordinance.
The Zoning Ordinance requires that all vehicular use areas provide a perimeter concrete
curb barrier around the entire parking lot. The parking lot on the subject property has a
concrete curb at the curb cut access points to the site, but nothing further. The applicants
have indicated that renovating the existing parking lot to provide a continuous concrete
curb barrier would serve as a hindrance to operating on the site at this time, and are
therefore applying for a variance from the requirement for a continuous concrete curb in
their parking area. The application for variance from this standard is review below.
Off-Street Loading.
The site plan provided by the applicants does not indicate areas to be designated for off-
street loading. As a condition of approval of the Conditional Use Permits to operate
vehicle and truck sales and repair on the site, the applicants will need to demonstrate that
they have addressed the requirements of Section 4.9 of the Zoning Ordinance pertaining
to off-street loading standards.
Building Materials.
Both of the existing buildings on the subject property are largely constructed of metal,
and as such are in a state of non-conformance with several of the building material
standards described in the Zoning Ordinance: Section 4.11(D) prohibits unfinished steel
or aluminum buildings, and requires that metal finishes not exceed 15% of the exterior
building area, and Section 5.2(G)(1)(g) requires that the public right of way facing
advertising walls of automobile repair businesses consist of no more than 50% metal
material.
Because the buildings are existing, they may be utilized as non-conformities under state
law governing the continuation of non-conforming uses and buildings. Although a
variance was considered to accommodate this continued use, staff believes that no
variance is technically needed provided that the buildings are not being expanded in any
way.
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VARIANCE
As the site plan analysis illustrated, numerous existing conditions on the subject property
do not conform with zoning ordinance requirements, and as such would require
demolition or replacement to be compliant. Existing site conditions were previously
approved by Conditional Use Permit (CUP), allowing operation of the previous
automobile dealership at the site. However, due to vacancy and non-use, these previous
CUP approvals have expired.
The applicant has indicated that large scale demolition and replacement of non-
conforming site conditions, including site buildings, is not a viable option and would be a
hindrance to operating at the site. They are proposing very little change to existing
building footprints, parking lot areas, landscaping, drainage, or site lighting, and intend to
limit change to maintenance improvements to the exterior of the buildings, select site
improvements, and building interior improvements as necessary.
As such, the applicants are requesting variances from ordinance requirements in order to
proceed. These variance requests include:
1) A variance from parking standards described in Section 4.8(E)(2)(a) requiring that
open vehicular use areas have a perimeter concrete curb barrier around the entire
parking lot.
2) A variance from site landscaping standards relating to parking lots, perimeter
landscaping, and other requirements of new development.
Variance Evaluation Criteria:
Approval of a Variance may only be made upon a determination that practical difficulties
will result based on all of the following criteria:
(i) The property in question cannot be put to a reasonable use if the provisions of this
ordinance are strictly applied.
Comment: The buildings on the subject property are non-conforming in regards to both
building size and building material. Should the provisions of the ordinance be strictly
applied in this situation they will either need to undergo extensive renovations or be
entirely replaced for the site to function for the proposed automobile dealership and
repair use. If the cost of renovations or replacement hinder the applicant from beginning
operations on the subject property, the property might not be put to immediate use and
may remain vacant for the time being. However, it is possible that the property could be
purchased and used according to the strict provisions of the Ordinance in the future.
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Similarly, the requirement for curbing and landscaping are common to any commercial
development, and have been applied evenly to other similar uses in the community
throughout the commercial districts. It would appear that the site can be put to
reasonable use in full compliance with the zoning regulations.
(ii) The circumstances rendering the property unusable are unique to the property.
Comment: There are no topographic, locational, or functional circumstances unique to
the subject property that would render it unusable. The buildings on the subject property
are old and need to be renovated or replaced, and the subject property will remain non-
conforming and unusable until this issue has been addressed.
As with the building conditions, the lack of curbing is merely a vestige of a previous non-
conformity. In occupying a vacant site, any property owner would be required to meet
the terms of the ordinance, and this site presents no unique conditions that would suggest
(iii) The circumstances rendering the property unusable were not created by the owner
thereof.
Comment: The applicant and new owner of the subject property did not create the non-
conforming conditions currently exhibited on the site. These conditions existed on the
site prior to the purchase of the property.
(iv) A Variance, if granted, will not alter the essential character of the locality.
Comment: A variance from building material and size requirements, the requirement for
a continuous concrete curb barrier for the parking lot, and the requirement that
commercial property includes nominal landscaping would place this site outside of the
standard set of requirements for commercial property. The buildings will remain in
essentially the same condition within the neighborhood that they have been in up to this
point, with minor improvements to the exterior and interior of the building. However, the
applicant will need to provide adequate stormwater management on the subject property
without the use of curbs and catch basins, to maintain the integrity of the local landscape.
(v) Economic considerations alone shall not constitute a sufficient basis for a Variance
if reasonable use for the property exists under the terms of the regulation.
Comment: Economic considerations do play a role in the applicants request for variances
from building size and material, and concrete curb requirements. The cost of
regulations. .
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B. ALTERNATIVE ACTIONS
Decision 1: Plat/Lot Combination
1. Motion to adopt Resolution No. 2012-107 recommending approval of the Maas
Addition Plat contingent on compliance with those conditions specified in Exhibit
Z.
2. Motion to adopt Resolution No 2012- 107 recommending denial for the Maas
Addition plat based on findings to be made by the Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
Decision 2: Zoning Ordinance Amendment to add Truck Sales & Repair as a
Conditional Use and Auto Repair Major and Auto Repair Minor as Conditional
Accessory Uses to the B-3 Zoning District.
1. Motion to adopt Resolution No. 2012-107 recommending approval of the Zoning
Amendments as described.
2. Motion to adopt Resolution No. 2012-107 recommending denial of a Zoning
Amendment, based on findings to be made by the Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
Decision 3: Conditional Use Permit for Vehicle Sales in the B-3 District.
1. Motion to adopt Resolution No. 2012-107 recommending approval of the CUP for
Vehicle Sales, contingent on compliance with those conditions specified in
Exhibit Z.
2. Motion to adopt Resolution No. 2012-107 recommending denial of a CUP for
Vehicle Sales, based on findings to be made by the Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
Decision 4: Conditional Use Permit for Automobile Repair Major and Minor in the
B-3 District.
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1. Motion to adopt Resolution No. 2012-107 recommending approval of the CUP for
Automobile Repair, contingent on compliance with those conditions specified in
Exhibit Z.
2. Motion to adopt Resolution No. 2012-107 recommending denial of a CUP for
Automobile Repair, based on findings to be made by the Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
Decision 5: Conditional Use Permit for Truck Sales & Repair in the B-3 District.
1. Motion to adopt Resolution No. 2012-107 recommending approval of the CUP for
Truck Repair, contingent on compliance with those conditions specified in
Exhibit Z.
2. Motion to adopt Resolution No. 2012-107 recommending denial of a CUP for
Truck Repair, based on findings to be made by the Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
Decision 6: Variances to curbing and landscaping requirements for commercial
property.
1. Motion to adopt Resolution No. 2012-`07 recommending approval of the
Variances to curbing and landscaping requirements, contingent on compliance
with those conditions specified in Exhibit Z.
2. Motion to adopt Resolution No. 2012-107 recommending denial of Variances to
curbing and landscaping requirements, based on findings to be made by the
Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
C. STAFF RECOMMENDATION
Subject to the conditions listed in Exhibit Z, staff recommends approval of the Plat,
Zoning Amendments, and Conditional Use Permits. This recommendation is made
contingent on compliance with the terms of Exhibit Z specifying conditions necessary to
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meet the requirements of the zoning ordinance for the development of commercial
property.
However, staff recommends denial of the variances. As noted in the analysis, the request
for the variances from curb and landscaping improvements required of all other
commercial uses is based almost entirely upon economic factors in which the applicant
hopes to avoid the costs of improvements to the property. Moreover, the approval of the
project under these conditions includes the occupancy of existing metal buildings that are
non-conformity limitations.
The property is bounded by other contemporary commercial sites, and is in the
neighborhood of other commercial property that has been made to comply with these
standards. Finally, the parcel sits across Chelsea Road from future commercial property
that will be required to meet these standards. There is nothing unique to the subject
property that would suggest compliance with the requirements of the variance criteria.
As such, staff cannot recommend approval of the variances.
SUPPORTING DATA
A. Resolution #2012-107
B. Aerial Site Image
C. Zoning Map
D. Applicant Narrative
E. Site Plan
F. Plat
Z. Conditions of Approval
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Planning Commission Agenda 12/04/12
Exhibit Z: Conditions of Approval
Bedrock Motors
3887 Chelsea Road, Monticello, MN
1) The applicant implement improved landscaping along the south edge of the subject
property, to soften the transition between the commercial use and residential
neighborhoods to the south. These improvements should comply with the landscaping
standards of the Zoning Ordinance, Section 4.11.
2) The applicants shall provide evidence that they have provided adequate water and
sanitary sewer service on the subject property.
3) The applicants shall provide a grading and drainage plan for review and approval by the
City Engineer.
4) The approval of truck sales and repair as a conditional use in the B-3 District shall be
based on the standards for said use as currently described in Section 5.2(G)(8) of the
Zoning Ordinance.
5) The approval of truck sales and repair as a conditional use in the B-3 District shall be
based on the standards for said use as currently described in Section 5.2(F)(3) Auto
Repair Minor and Section 5.2(G)(1) Automobile Repair Major of the Zoning
Ordinance.
6) The applicants shall provide evidence that existing site lighting meets the height and
illumination requirements described in Section 4.4(E) of the Zoning Ordinance.
7) The applicants shall submit an application for a sign permit meeting the requirements in
Section 4.5 of the Zoning Ordinance before changing or adding any additional signage
on the subject property.
8) The applicants demonstrate code compliance for final curb cut access, stall, aisle, and
driveway design on the subject property.
9) The applicants provide evidence that no site parking areas are located over existing
public drainage or utility easements.
10) The applicant provides for installation of a continuous curb system barrier around the
parking, circulation, and display areas of the site.
11) The applicants demonstrate that they have addressed the requirements of Section 4.9 of
the Zoning Ordinance pertaining to off-street loading standards.
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Planning Commission Agenda 12/04/12
12) All auto repair services on the property be designated to the north building on the
property, to maintain compliance with the requirement for a minimum 600 feet buffer
between this use and residential zones to the south.
13) No repair services may be performed outdoors, and doors enclosing the repair facilities
should remain shut to avoid any excess noise.
ЋЊ
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012 - 107
Date: December 4, 2012 Resolution No. 2012 -107
Motion By: Seconded By:
A RESOLUTION RECOMMENDING APPROVAL OF A PLAT COMBINING TWO
PARCELS INTO A SINGLE LOT, CONDITIONAL USE PERMITS FOR AUTO AND
TRUCK REPAIR AND SALES, ADOPTION OF AN ORDINANCE ESTABLISHING
TRUCK REPAIR AS A CONDITIONAL USE PERMIT AND AUTO REPAIR MAJOR AND
MINOR AS ACCESSORY USES IN THE B-3 ZONING DISTRICT, AND DENYING
VARIANCES TO CURBING AND LANDSCAPING STANDARDS
WHEREAS, Bedrock Motors and its representatives have requested a plat, an amendment to the
zoning ordinance for truck repair, conditional use permits for automobile and truck repair and sales,
and variances to occupy the property at 3887 Chelsea Road; and
WHEREAS, said property is zoned B-3, Highway Business District; and
WHEREAS, automotive and truck repair and sales are reasonable uses within the B -3 zoning district,
and are consistent with the intent and requirements of the zoning ordinance and comprehensive plan;
and
WHEREAS, the occupancy of the property may be accomplished in conformance with applicable
zoning regulations, includes such regulations exempting the applicants from complying with building
materials standards when such buildings are not being expanded; and
WHEREAS, the plat and related submissions indicate that the property is generally in compliance
with size requirements of the zoning ordinance; and
WHEREAS, additions of landscaping and curb are necessary to comply with the zoning ordinance
requirements for commercial property in this district; and
WHEREAS, the Planning Commission of the City of Monticello finds that the proposed uses of the
property will be consistent with the Comprehensive land use plan; and
WHEREAS, the Planning Commission has conducted a public hearing on December 4, 2012 to
review the requests and receive public comment on the rezoning;
WHEREAS, the Planning Commission finds the plat, zoning amendment, and conditional 8se
permits, are consistent with the intent of the Comprehensive Plan;
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
establishing the zoning district to be identified as Ordinance ___; and further
The Planning Commission recommends that the City Council approves the plat; and further
The Planning Commission recommends that the City Council approves the Conditional Use Permits
for Auto and Truck Sales and Repair, based on the Conditions of Exhibit Z; and further
The Planning Commission hereby denies the requested variances to the requirements for curbing and
landscaping, based on the following findings:
1. The property may be put to a reasonable use in full conformance with the Zoning
Ordinance without variances.
2. The property does not have unique conditions that justify considerat ion of variances to
standards that are commonly applied to other similarly situated parcels, including parcels
directly adjacent to the subject property.
3. There are no evident practical difficulties in meeting the zoning regulations as required.
4. The proposed variances are based on conditions that are primarily economic in nature, in
contravention to the requirements of the zoning ordinance and state law governing the
consideration of variances from zoning requirements.
ADOPTED this 4th day of December 2012, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
William Sparks, Chair
ATTEST:
___________________________________
Jeff O’Neill, City Administrator
Bedrock Motors Site
0 300ft
County Hwy 75
Chelsea Rd
State Hwy 25
85th St NE
9 0th St N E
Linn St
Pine St
7th St
School Blvd
Riverview Dr
Cedar St
W River St
M
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Jason Ave
Dundas Rd
W Broadway St
Hart Blvd
Country La
Haug Ave NE
Elm St
W 4th St
Fenning Ave NE
Oakwook Dr
Ma ll ar d La
95th St NE
Fallon Ave NE
Edmonson Ave NE
Mississippi Dr
5th St
Country Club Rd
Sandberg Rd
P
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F a l c o n D r
Fenning Ave
Walnut St
Oak Ridge Dr
Oriole La
Club View Rd
Broadway St
Hillcrest Rd
E River St
Headman La
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Falcon Ave NE
Wright StBenton St
Elwood Rd
Ramsey St
6th St
River Mill Dr
Wildwood Way
Hilltop Dr
Mill Run Rd
O a k V i e w L a
Farmstead Ave
Martin Dr
4th St E
3rd St E
Red Roc
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Gillard Ave NE
Maple St
Fallon Dr
Willow St
View La E
Grey Stone Ave
Marvin Elwood Rd
Fieldcrest Cir
Fairway Dr
Jason Ave NE
Vine St
M e a d o w L a
Jerry Liefert Dr
Praire Rd
Starling Dr
Palm St
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Golf Course Rd
Falcon Ave
Kevin Longley Dr
Craig La
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Front St
5th St W
Thomas Park Dr
Locust St
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Oakview Ct
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Kenneth La
Otter Creek Rd
Minnesota St
Eagle Cir
Crocus La
Meadow Oak La
Stone Ridge Dr
Chestnut St
1 2 0 t h S t N E
Darrow Ave NE
Diamond Dr
Pebble Brook Dr
Widgeon La
Washington St
Bunker Cir
Homestead Dr
Thomas Cir
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Oak View Cir
Sandtrap Cir
Country Cir
Cheyen Ct
Old Territoral Rd
Tanager Cir
Hillcrest Cir
Os p re y C t
Acorn Cir
Balboul Cir
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R iv e r sid e C ir
Meadow Oak Ct
Matthew Cir
E Oak Dr
S t o n e R i d g e C ir
Oakwood Dr
Meadow Oak Ave NE County Hwy 75
Hart Blvd
Marvin Rd
Marvin Rd
Wright St
90th St NE
Cedar St
Minnesota St
City of MonticelloOfficial Zoning Map
09-05-12
:Legend
BASE ZONING DISTRICTS
Residential Districts
-- Low R esidential Densities
-- Medium R esidential Densities
-- High R esidential Densities
Business Districts
Industrial Districts
OTHER
Water
A-O
R-A
R-1
T-N
R-2
R-PUD
R-3
M-H
B-1
B-2
B-3
B-4
CCD
IBC
I-1
I-2
Mississippi Wild, Scenic & Rec Overlay Di strict
OVERLAY DISTRICTS
Performance Based Overlay District
!
!
!
!!!!
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!!!!!
Shoreland District
Special Use Overlay District
!
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Freeway Bonus Sign District
Project Narrative
November 05, 2012
City of Monticello
Attn: Angela Schumann
505 Walnut Street
Monticello, MN 55362
RE: CUP, Ordinance Amendment, Variance, and Final Plat Applications
Bedrock Motors
3887 Chelsea Road West, Monticello, MN
Request
Bedrock Motors (Maas Automotive Group) is requesting Conditional Use Permit, Ordinance
Amendment, Variance, and Final Plat application approvals related to property at 3887 Chelsea
Road West, Monticello. Automobile dealership and related business operations are proposed
uses of the site in similar fashion to previous use of the site.
The property is zoned B-3 and a number of the items of our request are related to specific items
and limitations of the most current B-3 requirements.
Background
The Maas Family started in the automotive business on Main Street in Rogers MN in 1976. It
was located on the now vacant lot next to the current police station and across the street from the
Well Fargo bank building. We have been involved in the automobile business for 35 years and
have been involved in multiple sectors of the industry.
Current operations for Bedrock Motors include stores in three Minnesota communities including
Rogers, Blaine, and Inver Grove Heights. Operations at each store are similar. We recommend
visiting our website at www.bedrockmotors.com and any of our existing stores to see the quality,
management/organization, and pride we take in operating our businesses.
We anticipate maintaining a skilled employment staff of approximately 15 people at the
Monticello location with duties including sales, finance and office, shop management, repair
technicians, and detail technicians.
Project Narrative, Bedrock Motors Page 2 of 4
3887 Chelsea Road W., Monticello, MN November 05, 2012
Conditional Use Permit
Conditional Use Permit is requested for the following activities:
• Automobile and Truck sales retail and wholesale
• Automobile and Truck repair minor and major
• Online auction of vehicles and related equipment
We propose to provide the following services: retail and wholesale sales of used cars, trucks, and
vans (light, medium, and heavy duty) and on occasion, motor homes, boats, and recreation
vehicles as well as repair, maintenance, and servicing (including incidental storage during such
services). We intend to display vehicles both outside and inside in a comfort controlled show
room.
Hours of operation are proposed to be;
Sales: M-F 8:30AM to 8:00PM, Saturday 8:30AM to 5:00PM, Sunday closed
Service: M-F 8:30AM to 8:00PM, Saturday 8:30AM to 3:00PM, Sunday closed
We propose to offer mechanical repair services both retail and wholesale on all vehicle types
from minor to major repairs, including tires and accessories. We will also offer re-conditioning
services retail and wholesale, as well as car and truck rental. The facility will also allow us to
service and maintain our company cars and trucks. Delivery of most vehicles to the site will be
by truck. It is anticipated that the requested Conditional Use Permit will not adversely affect the
neighboring businesses. The traffic and activities generated by the business is similar to
previous use of the property, and will not adversely impact existing access roads.
Online auction sale is proposed to be operated through a variety of online auction vendors (i.e.
eBay, craigslist, K-Bid, etc.). Auction sales activity is intended to be limited to vehicles and
related equipment. Any auction sales of vehicle related equipment not attached to a vehicle
would be stored indoors. No live site auction activity is proposed.
Ordinance Amendment
Ordinance Amendment is requested for the following:
• Truck sales and repair minor and major
Truck sales and repair are permitted uses in Industrial zoning districts, and amendment is
necessary to allow these uses in the B-3 zoning district of this property. Truck and related
equipment sales and repair are anticipated to be a smaller component of the business. Truck
sales and repair is intermittent and are at times a trade component of vehicle sales activity. We
anticipate truck sales display to be a maximum of 20% (approximately 28 stalls) of the total
vehicle display area. Truck sales display is proposed to be limited to display areas north and
west of the existing buildings.
Project Narrative, Bedrock Motors Page 3 of 4
3887 Chelsea Road W., Monticello, MN November 05, 2012
Variance Requests
Current code requirements are such that existing buildings and some existing site improvements
are non-conforming and would require significant demolition and replacement to be compliant.
Existing site improvements were previously approved by CUP that allowed operations of the
previous dealership. Due to vacancy and non-use, previous CUP approvals have expired.
Demolition and replacement of buildings and site improvements is not a viable option and is a
significant hindrance to operating at this site.
Variances are requested for the following:
• Building size; 40,000 sf min size (11,800 sf existing approximately)
• Curb around existing pavement area
• Landscape per current code requirements
• Water service to existing buildings
No changes to the existing building footprint, paved parking lot area, landscape, drainage, or site
lighting are proposed at this time. Maintenance improvements would be undertaken on the
exterior of the buildings and on select site improvements only. We intend to fully utilize the
existing site improvements for vehicle display and operation of the business.
Improvements would be undertaken on the interior of the buildings as necessary.
We are requesting to continue to use the existing on-site well for water source. The existing well
is located on the north side of the northerly building, and provides water source for the northerly
building only. No water is used in the southerly building. Sanitary sewer service is connected to
the City sanitary sewer in Chelsea Road. Water usage is provided by a meter. We propose
payment for City sanitary sewer service be based on water usage as measured by the meter.
Final Plat
Currently the property consists of two separate parcels. The former frontage road Oakwood
Drive adjacent to I-94 was vacated and is a small parcel with no principal building improvement.
We understand a sign permit is possible for a sign placed on the small parcel adjacent to I-94.
We strongly believe the success of the business at this site is going to be related to our ability to
attract customers because of visibility from I-94, and that signage adjacent to I-94 is critical.
Final Plat approval is requested to combine the parcels into one lot. Once final plat is of record,
we anticipate securing signage permits necessary for appropriate business signage.
Project Narrative, Bedrock Motors Page 4 of 4
3887 Chelsea Road W., Monticello, MN November 05, 2012
Project Schedule
We have secured the property by purchase agreement to date. We anticipate the following
schedule:
• City approvals December 2012
• Take ownership of the property January 2013
• Interior building improvements Spring 2013
• Exterior maintenance and readiness Spring 2013
• Commence dealership operations Summer 2013
We know this business, and this business survives by our ability to attract customers, provide
quality products, provide quality service, and provide a pleasant environment for our customers.
We believe the facility, with the modification we are proposing, will function at it highest and
best use, and will allow the business to succeed.
Thank you for your consideration
Ron Maas
Bedrock Motors (Maas Automotive Group)
13830 Northdale Blvd
Rogers, MN 55374
763-428-5555 office
612-325-2211 cell
PreliminarySitePlan11/05/12
3887ChelseaRdW.,Monticello,MN
Ex.
Bldg.
Ex.
Bldg.
VehicleDisplay
andTruckDisplay
VehicleDisplay
VehicleDisplay
andTruckDisplay
Vehicle
Display
22stallsCust/Empl
156stallsDisplay
178Total(estimate)
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
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ROW/PublicStreet
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Building
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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: 12/04/12
7. Public Hearing Consideration to approve an Amendment to the Monticello Zoning
Ordinance Chapter 5, Section 3- Accessory Uses to allow Indoor Storage and Office
Uses as a Permitted Accessory Use in the B-4 (Regional Business), B-3 (Highway
Business), B-2 (Limited Business), B-1 (Neighborhood Business), CCD (Central
Community District) and IBC (Industrial & Business Campus) Districts. Applicant:
City of Monticello (AS)
A. REFERENCE & BACKGROUND
The Planning Commission is asked to adopt an ordinance amendment relating to
permitted accessory uses in business districts. The amendment is primarily housekeeping
in nature.
The amendment would allow both office and storage uses as accessory uses in all
business districts. In the adoption of the new zoning ordinance in 2011, tables illustrating
permitted and conditional accessory uses were developed and these two common
accessory uses were not listed on the accessory use table. The ordinance stipulates that
any use not specifically listed is prohibited. Therefore, it is important to add these two
common uses to the listing for allowable accessory uses.
The most common scenario to consider how this amendment would apply would be as
related to a general retail use. In almost every circumstance, a retail store will include at
least some office floor space, and in addition, many include stock or storage rooms for
inventory and merchandise not on the sales floor.
In essence, the City already has these accessory uses in practice in all business districts.
The ordinance amendment addresses the non-conformities created by not identifying
these as allowable uses in the CCD, B-1, B-2, B-3, B-4 and IBC districts. The ordinance
as drafted would allow both office and storage as permitted accessory uses in all districts.
In the case of accessory storage, staff is proposing limitations on the amount of storage
relative to the principal use. The idea is to maintain an appropriate ratio of principal
business activity to storage. General warehousing as a principal use is restricted to
industrial uses both because of potential land use impacts (delivery methods, docks, etc.)
and the need to retain commercial land areas for business activities.
The same restrictions are not recommended for office space, as office uses are allowed as
principle uses throughout all business districts, and therefore restricting the amount of
office to other uses is unnecessary.
Staff is also proposing that within the CCD, accessory storage uses be allowed to cross
property lines or to be located on adjacent properties, due to the lot configurations and
sizes common in the older platted sections of the downtown. In some cases, building
cross property lines or adjacent buildings are connected and share storage spaces.
1
Planning Commission Agenda: 12/04/12
Text of proposed amendment(s):
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
CI
Requirements
ARRRTRMBBBBII
CB
O A 1 2 N 3 H 1 2 3 4 1 2
D C
Accessory Dwelling Unit P P P P P 5.3(D)(1)
Accessory Building minor
5.3(D)(2)
P P P P P P P P P P P P P P P
Accessory Building major
5.3(D)(3)
P P P P P P C P P P P P P P P
(> 120 square feet)
Adult Use accessory C 5.3(D)(4)
Agricultural Buildings P 5.3(D)(5)
Automated Teller Machines
P P P P P P P P 5.3(D)(6)
(ATMs)
Boarder(s) P P P 5.3(D)(7)
Co-located Wireless
C C C C C C C C C C C C C C C 4.13(E)
Telecommunications Antennae
Commercial Canopies P P P P P P P P 5.3(D)(8)
Commercial Transmission/
C C C C C C 4.13(D)
Reception Antennae/Structures
Donation Drop-off Containers P P 5.3(D)(10)
Drive-Through Services P P P C P P P 5.3(D)(11)
Entertainment/Recreation
5.3(D)(12)
C C C C
Outdoor Commercial
5.3(D)(13)
Fences or Walls P P P P P P P P P P P P P P P
Greenhouse/Conservatory
5.3(D)(14)
P P P P P P P P P P P P P P P
(non-commercial)
5.3(D)15)
Heliports C C C C C
5.3(D)(16)
Home Occupations P P P P P P P P P
5.3(D)(17)
Indoor Food/Convenience Sales P P P P P P P P
5.3(D)(18)
Indoor Storage P P P P P P P P
5.3(D)(19)
Incidental Light Manufacturing P P P P P P P P
Office P P P P P P P P None
5.3(D)
(18) Indoor Storage
a. The area used for storage shall not exceed 35% of gross floor area square footage
of the principal use.
b. Storage shall be related to the products being sold or offered by the principal use.
2
Planning Commission Agenda: 12/04/12
c. If located within the CCD, storage accessory uses may be located on an adjacent
or adjoining parcel within the CCD, subject to above regulations.
Note: All subsequent subsections will be renumerated due to addition of above.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution #2012-109, recommending Ordinance #570, an
amendment to Monticello Zoning Ordinance Chapter 5, Section 3 to allow office and
storage as permitted accessory uses in business districts, based on findings in said
Resolution.
2. Motion to deny adoption of Resolution #2012-109, recommending Ordinance #570,
an amendment to Monticello Zoning Ordinance Chapter 5, Section 3 to allow office
and storage as permitted accessory uses in business districts, based on findings in
said Resolution.
C. STAFF RECOMMENDATION:
Staff recommends alternative 1 above. The amendment serves to clarify the existing
ordinance, establishing conformity for two common accessory uses for business districts.
D. SUPPORTING DATA:
A. Resolution #2012-109
B. Ordinance #570
C. Monticello Zoning Ordinance Excerpts:
5.3 - Accessory Uses
3
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012-109
Date: December 4th, 2012 Resolution No. 2012-109
Motion By: ________________ Seconded By: _______________
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENT MONTICELLO
ZONING ORDINANCE CHAPTER 5, SECTION 3 TO ALLOW OFFICE AND
STORAGE AS PERMITTED ACCESSORY USES IN BUSINESS DISTRICTS
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 commercial 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 to
the zoning ordinance will be consistent with the Comprehensive land use plan; and
WHEREAS, the Planning Commission of the City of Monticello finds that the amendment
supports the zoning ordinance purpose statement for business districts, specifically as related to
the creation of suitable environments for various types of business uses, and the creation of
suitable environments for various types of mixed use development, where business, office, retail,
and residential uses are designed and integrated incompatible ways;
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 permitted accessory uses in business districts in Ordinance No. 570.
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
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
City of Monticello Zoning Ordinance Page 351
(3) Table of Permitted Accessory Uses and Structures
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Accessory Dwelling Unit P P P P P 5.3(D)(1)
Accessory Building – minor
(≤ 120 square feet) P P P P P P P P P P P P P P P 5.3(D)(2)
Accessory Building – major
(> 120 square feet) P P P P P P C P P P P P P P P 5.3(D)(3)
Adult Use – accessory C 5.3(D)(4)
Agricultural Buildings P 5.3(D)(5)
Automated Teller Machines
(ATMs) P P P P P P P P 5.3(D)(6)
Boarder(s) P P P 5.3(D)(7)
Co-located Wireless
Telecommunications Antennae C C C C C C C C C C C C C C C 4.13(E)
Commercial Canopies P P P P P P P P 5.3(D)(8)
Commercial Transmission/
Reception Antennae/Structures C C C C C C 4.13(D)
Donation Drop-off Containers P P 5.3(D)(10)
Drive-Through Services P P P C P P P 5.3(D)(11)
Entertainment/Recreation –
Outdoor Commercial C C C C 5.3(D)(12)
Fences or Walls P P P P P P P P P P P P P P P 5.3(D)(13)
Greenhouse/Conservatory
(non-commercial) P P P P P P P P P P P P P P P 5.3(D)(14)
Heliports C C C C C 5.3(D)(15)
Home Occupations P P P P P P P P P 5.3(D)(16)
Indoor Food/Convenience Sales P P P P P P P P 5.3(D)(17)
Incidental Light Manufacturing P P P P P P P P 5.3(D)(18)
Off-street Loading Space P C P P P P P P P 5.3(D)(19)
Off-street Parking P P P P P P P P P P P P P P P 5.3(D)(19)
Open Sales P P P P P P C C C 5.3(D)(20)
Operation and storage of
agricultural vehicles, equipment,
and machinery
P
5.3(D)(21)
Outdoor Sidewalk Sales &
Display (businesses) P P P P P P P P 5.3(D)(22)
Outdoor Storage P P P P P P P P P C C C P P 5.3(D)(23)
Park Facility Buildings &
Structures (public) P P P P P P P P P P P P P P P 5.3(D)(24)
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 352 City of Monticello Zoning Ordinance
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Private Amateur Radio P P P P P P P P P P P P P P P 4.13(B)
Private Receiving Antennae and
Antenna Support Structures P P P P P P P P P P P P P P P 4.13(C)
Retail Sales of Goods (as part of
an office or industrial use) P P P P P P C C 5.3(D)(25)
Shelters (Storm or Fallout) P P P P P P P P P P P P P P P 5.3(D)(26)
Sign(s) P P P P P P P P P P P P P P P 5.3(D)(27)
Solar Energy System P P P P P P P P P P P P P P P 5.3(D)(28)
Swimming Pool P P P P P P P P P P P P P P P 5.3(D)(29)
Large Trash Handling and
Recycling Collection Area P P P P P P P P P P P 5.3(D)(30)
Wind Energy Conversion
System, Commercial C C C C C 5.3(D)(31)
Wind Energy Conversion
System, Non-commercial C C C C C C C C C C C C C C C 5.3(D)(32)
Wireless Telecommunications
Support Structures C C C C C C C 4.13(E)
4.13(F)
(D) Additional Specific Standards for Certain Accessory Uses
(1) Accessory Dwelling
(a) Accessory dwelling units are permitted only on lots with single-family
detached dwellings.
(b) No more than one accessory dwelling unit per lot is permitted.
(c) Detached accessory dwellings shall be architecturally compatible with the
principal dwelling.
(d) Occupants of accessory dwelling units are limited to the following:
(i) Family members of the person occupying the principal structure. Family
members include parents, children, siblings, grandparents, aunts, uncles,
and cousins of an occupant of the primary structure.
ORDINANCE NO. 570
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE,
KNOWN AS THE ZONING ORDINANCE, BY AMENDING CHAPTER 5.3
ACCESSORY USES TO ALLOW AND REGULATE INDOOR STORAGE AND OFFICE
USES AS ACCESSORY USES IN BUSINESS DISTRICTS
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Section 5.3 Accessory Uses, Title 10 Zoning Ordinance is hereby
amended as follows:
Table 5-4: Accessory Uses by District
Insert the following:
Indoor Storage
Permitted in B-1, B-2, B-3, B-4, CCD, and IBC Districts 5.3(D)(12)
Office
Permitted in B-1, B-2, B-3, B-4, CCD, and IBC Districts None
Section 2. Section 5.3 Accessory Uses, Title 10 Zoning Ordinance is hereby
amended as follows:
5.3 (D) Additional Specific Standards for Certain Accessory Uses
Insert the following section and renumber accordingly:
(18) Indoor Storage
a. The area used for storage shall not exceed 35% of gross floor area square footage
of the principal use.
b. Storage shall be related to the products being sold or offered by the principal use.
c. If located within the CCD, storage accessory uses may be located on an adjacent
or adjoining parcel within the CCD, subject to above regulations.
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.
ORDINANCE NO. 570
th
ADOPTED BY the Monticello City Council this 10 day of December, 2012.
CITY OF MONTICELLO
__________________________________
Clint Herbst, Mayor
ATTEST:
___________________________________
J, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
Planning Commission Agenda 12/04/12
8. Public Hearing - Consideration of an amendment to Section 4.1-Landscaping and
screening to allow and regulate Native Landscapes. Applicant: City of Monticello
(Intern EE)
A. REFERENCE AND BACKGROUND
The Planning Commission is asked to consider an amendment to the zoning ordinance to
allow the use of native plantings as an alternative turf covering in all zoning districts.
With widespread increased interest in native prairie treatments, the proposed amendment
responds to this interest while at the same time finding a way to place parameters and
boundaries to ensure the preservation of the aesthetic quality of Monticello’s yards.
The benefits of adopting a set of native landscaping requirements are numerous. First,
native landscaping encourages water conservation and habitat enhancement. Native
prairie plantings also require less usage of fertilizers and pesticides, and would give
individual residents more choices for selecting landscape and lawn coverings.
The City has adopted a set of base landscaping standards for residential districts. These
standards would not on their own prohibit the flexibility to install native treatments as a
landscaping option. However, in addition to base landscaping standards, the City Code
also includes public nuisance provisions which would prohibit native lawn coverings.
The Public Nuisance ordinance restricts the height of grasses, for example. Currently, the
City’s public nuisance ordinance does not allow for plant growth in excess of six (6)
inches in height.
Staff recognizes that native planting areas must be managed in order to avoid nuisance
issues. In order for prairie grasses to be allowed, no noxious weeds are to be permitted,
setbacks will be required; there should be no overhang, encroachment onto sidewalks,
curb, or street areas; soil erosion must be controlled during the transition period of the
restoration; all natural areas must be marked with a sign indicating that a restoration is in
process. All natural areas must be mowed once annually between April 15 and June 1, to
a height no greater than eight inches. The City would not be responsible for damage to
landscaped areas resulting from public works improvements or snow removal activities. .
In addition to these basic regulations, staff would recommend an abbreviated registration
process, by which residents and/or businesses would register their property with the City
as a native planting area. Doing so would allow the City to track these locations in a
database, allowing staff to respond appropriately to questions about these properties from
neighbors or interested parties. Prior to registration approval, the landscape plans must
be submitted to the Community Development Department for review and approval
B. ALTERNATIVE ACTIONS:
Planning Commission Agenda 12/04/12
1.) Motion to adopt Resolution #2012-110 recommending approval of Ordinance #569,
a zoning ordinance amendment relating to the Landscaping and Screening to allow
and regulate Native Landscapes.
2.) Motion to deny adoption of Resolution #2012-110, recommending approval of
Ordinance #569.
3.) Motion to table action on the request, pending additional information as identified by
the Planning Commission and staff report.
C. STAFF RECOMMENDATION
Staff would suggest that an ordinance for prairie grass is due and supports an ordinance
which provides for native landscapes, while prohibiting lawns or weeds from being left to
‘go natural.’
Staff recognizes the value in planning for the needs of citizens and the environment,
while at the same time preserving the visual quality of the City. Staff believes that all
three can be accomplished with this ordinance: we can provide a way for citizens to
explore and enjoy the benefits of native landscapes, while knowing that it is a water-
smart transition. However, regulations will be enforced to ensure quality.
D. SUPPORTING DATA
A. Resolution 2012-110
B. Ordinance #569
C. Images
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012-110
Date: December 4th, 2012 Resolution No. 2012-110
Motion By: ________________ Seconded By: _______________
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENT MONTICELLO
ZONING ORDINANCE CHAPTER 4, SECTION 1 TO ALLOW NATIVE
LANDSCAPING IN ALL ZONING DISTRICTS.
WHEREAS, the City of Monticello has adopted a zoning ordinance providing for the regulation
of landscaping in all zoning districts; and
WHEREAS, the Monticello Zoning Ordinance, Chapter 4 Section 1 regulations requires
additional performance standards to ensure mitigation against erosion and sedimentation,
reducing stormwater runoff and the costs associated therewith, preserving and protecting the
water table and surface waters, restoring soils and land denuded as a result of construction or
grading; 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
supports the zoning ordinance purpose statement for land use in Chapter 3 of the Comprehensive
Plan, specifically as related to:
1) the creation of suitable environments for various types of places to live
2) the creation of suitable environments for various types of mixed use development, where
business, office, retail, and residential uses are able to enjoy the benefits of the
amendment to the ordinance namely to create neighborhoods that allow residents to
maintain a connection to the natural environment and open spaces.
3) creation and maintenance of attractive, safe and functional neighborhoods which
incorporate the natural characteristics of the setting
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 permitted accessory uses in business districts in Ordinance No. 569.
th
ADOPTED this 4 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
ORDINANCE NO. 569
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE,
KNOWN AS THE ZONING ORDINANCE, BY AMENDING CHAPTER 4.1
LANDSCAPING AND SCREENING TO ALLOW AND REGULATE NATIVE PLANT
LANDSCAPES
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Chapter 4.1 Landscaping and Screening is hereby amended by adding a new
section 4.1(H)(7) titled as follows:
4.1(H)(7) Native Plant Landscapes
Section 2. Chapter 8.4 Definitions is hereby amended by adding the following definitions:
GARDEN: A cultivated area dedicated to growing vegetables, fruits, flowers,
ornamental grasses, groundcovers, shrubs and similar plantings in a
well-defined location.
NATIVE PLANTS: Those grasses, sedges, forbs, trees and shrubs which are plant
species native to or naturalized to the state of Minnesota,
excluding prohibited exotic species as defined in Minnesota
Statutes, Chapter 84D. Native plants do not include weeds.
NATIVE PLANT LANDSCAPES: A designated area where native plants are being or
have been planted. Native plant landscapes do not
include gardens.
NATURAL AREA: An area that was purposely left to grow in a natural state and can
maintain itself in a stable condition with human intervention and
contains trees, shrubs, and native plants, excluding weeds and
turfgrass areas that contain more than 50% turfgrass.
ORNAMENTAL GRASSES: Grasses that are indigenous to the state of Minnesota
that are intended to add beauty to a garden.
Ornamental grasses do not include turfgrass or weeds.
TURFGRASS: Commercially available cultured turfgrass varieties, including
bluegrass, fescue and ryegrass blends, commonly used in regularly
cut lawn areas.
WEEDS:
Chapter 18.75-18.91 (as
amended from time to time), or any volunteer plants such as, but not
limited to, garlic mustard, spotted knapweed, or burdock. Weeds do not
ORDINANCE NO. 569
include dandelions or clover. The City shall maintain a current list of
weeds and volunteer plants that are prohibited.
Section 3. Chapter 4.1(H)(7) hereby reads as follows:
4.1(H)(7) Native Plant Landscapes
Native Plant Landscapes are defined as a designated area where native
plants are being or have been planted and do not include gardens.
Native Plant Landscapes focus on the character and beauty of natural
grasses and vegetation, which shall not compromise the aesthetic quality
of city yards. Native Plant Landscapes typically require less watering
and absorb water quickly; do not provide food which would foster an
influx of rodents; rarely give off allergen-type pollens; and require less
intensive maintenance including less usage of fertilizers and pesticides.
(a) Native Plant Landscapes shall be allowed on residential and non-
residential areas. In rear lots, up to 35% of the applicable area is
allowed in native landscape plantings. There shall be no
overhang or encroachment onto sidewalks, curb or street areas.
Maintenance of Native Plant Landscapes does not exempt
property owners from existing zoning regulations.
(b) Setbacks shall be required for side, rear and front yards of
residential and non-residential areas. Setback must contain
pavement, rock, gravel, wood chips, or regularly mowed turf
grass, trees or shrubs.
(i) Side yard 5 feet.
(ii) Back yard 5 feet.
(iii) Front yard 20 feet.
(c) A setback can be reduced to zero if there is:
(i) A public park, open space or vacant lot next to the
property.
(ii) An adjacent wetland, pond, lake, or stream.
(iii) If property is contained within a fully opaque fence
constructed according to zoning guidelines.
(iv) A restoration area is adjoining the property to be restored
with native plant landscaping.
(d) Applications shall be submitted and permits approved prior to
starting a Native Landscape project on any property. Application
and plans shall be submitted to the Community Development
Director for review and approval. The Community Development
Director shall review the application in accordance with this
ordinance prior to issuing a permit.
ORDINANCE NO. 569
Applications shall be on a form provided by the City and shall
include the following items as detailed on the application form:
(i) General information.
(ii) Site map (scale drawing).
(iii) Landscape proposal (scale drawing).
(iv) Planting schedule.
(v) Maintenance plan.
Permits shall expire if the Native Plant Landscaping is not
completed pursuant to the approved permit and landscape plan
within three months of the permit issuance date.
(e) All Native Plant Landscapes:
(i) Shall be marked with a sign indicating that a restoration
is in process. This sign must be installed upon native
planting installation.
(ii) Shall be controlled to prevent soil erosion during the
transition period of the restoration, in conjunction with
Nuisance ordinance.
(iii) Shall be mowed once annually between April 15 and June
1, to a height no great than 8 inches.
(f) It shall be unlawful for the property owner or occupant to allow
noxious plantings as part of a Native Landscape.
(i) Prohibited weeds: cocklebur, crabgrass, dandelions,
quackgrass, ragweed, and any grasses or weeds that are
classified as invasive species or are horticulturally out of
place according to the Minnesota Department of Natural
Resources.
(ii) Prohibited trees: female ginkgo, box elder, non disease-
resistant elm, non-hybrid cottonwoods, and any trees or
brush that are classified as invasive species or are
horticulturally out of place according to the Minnesota
Department of Natural Resources.
(iii) Lawns are prohibited or
go to seed.
(g) The City shall not be held responsible for damage to native
landscape areas in the city right-of-way or public easements
resulting from city improvement projects or snow removal. Native
Plant Landscaping shall not obscure, block or impede visual
sight lines; regulatory, warning or street identification signs; or
street light illumination required for safe and efficient
circulation of vehicles and pedestrians in the area.
(h) Turf grass and other areas not covered by this ordinance are to
be maintained at a height of 6 inches or less. Areas exempt from
ORDINANCE NO. 569
the 6-inch mowing requirement include wetlands, floodplains,
drainage ponds or ditches, pasture land, steeply-sloped areas,
and restoration areas.
(i) Failure to comply with this ordinance shall result in cutting of
vegetation and/or cutting of the weeds by the City or designated
contractor. Expenses shall be billed to the property owner and
can be considered a lien upon the property for the amount of the
cost incurred by the City. These procedures are done in
, City
Policies, and State Statutes.
Section 4. 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:
___________________________________
J, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
Planning Commission Agenda – 12/04/12
9. Consideration to review and recommend for the expiring terms of Planning
Commissioners and to recommend appointment of Chair and Vice Chair. (AS)
A. REFERENCE AND BACKGROUND:
The Planning Commission is asked to take action on two decisions. The first
relates to 2012 expiring member terms, the second is for the 2013 positions of
Chair and Vice Chair.
City records indicate that Chairman Spartz’s term on the Planning Commission
expires in December of 2013. A listing of the current terms is attached for
reference. The Commissioner’s terms are staggered in three year increments.
Commissioner Spartz has indicted his willingness to serve another term.
Currently Commission Spartz serves as Chair of the Commission. Commission Fyle
serves as Vice Chair. Both have indicated a willingness to continue serving in their
current positions.
The City Council would ratify appointments as recommended by the Commission
on January 14th, 2013. Appointments will be retro-active to January 1st, 2013.
B. ALTERNATIVE ACTIONS:
Decision 1: Expiring Terms
1. Motion to recommend the appointment of Commissioner Spartz for a
three-year term on the Planning Commission.
2. Motion of other.
Decision 2: Chair and Vice Chair Positions
1. Motion to nominate Commissioner Spartz as Chairman of the Planning
Commission and Commissioner Fyle as Vice Chair.
2. Motion of other.
C. SUPPORTING DATA:
A. Planning Commission Term Schedule
B. City Code Title 2, Chapter 1 - Planning Commission
ExhibitB
CurrentTermExpirations
PlanningCommission SamBurvee3yr12/2014
(3-yearstaggeredterms)GrantSala3yr12/2014
WilliamSpartz3yr12/2012
BradFyle 3yr 12/2011
CharlotteGabler3yr12/2013
OriginalDateofAppointment
BillSpartz5-24-2004
CharlotteGabler11-27-2006
BradFyle1-24-2011
SamBurvee9-5-2012(1st meeting,October2012)
GrantSala9-5-2012(1st meeting,October2012)
MONTICELLO CITY ORDINANCE TITLE II/Chpt 2/Page 1
CHAPTER 1
PLANNING COMMISSION
SECTION:
2-1-1:Composition
2-1-2:Organi zati on; M eetin gs
2-1-1:COMPOSITION: The Planning Commission shall consist of five (5) members
appointed by the Council. No member of the Planning Commission shall hold any
ot he r p ub li c o ff ic e i n t he Ci ty.
All members shall be appointed for three year terms; however, said term may be
terminated earlier by the Council. One member shall hold office until December 31,
2000; two members shall hold office until December 31, 2001 and two members shall
hold office until December 31, 2002. Annually thereafter, appointments shall be made
for the term of three years. Said terms are to commence on the day of appointment.
Vacancies during the terms shall be filled by the Council for the unexpired portion of
the term. Every appointed member shall, before entering upon the discharge of his
duties, take an oath that he will faithfully discharge the duties of his office. All
members who attend at least one monthly meeting shall receive compensation of
$50.00 for that month.
(1/10/00, #337)
All members who attend a special meeting requested by an applicant who pays a
special
meeting fee set by the City shall received additional compensation of$50 for each
special
meeting attended. (11/22/99, #336)
2-1-2:ORGANIZATION; MEETINGS: The Commission shall elect a chairman from
among its appointed members for a term of one year, and the Commission may create
and fill such other offices as it may determine.
The Planning Commission shall hold at least one (1) regular meeting each month.
This meeting shall be held on the first Tuesday. Regular meetings shall commence at
seven o'clock (7:00) p.m. Hearings shall be heard as soon thereafter as possible. The
Planning Commission shall adopt rules for the transaction of business and shall keep a
record of its resolutions, transactions, and findings, which record shall be a public
record.
Planning Commission Agenda: 12/04/12
1
10. Consideration to set a date for the January Regular Planning Commission Meeting.(AS)
A. REFERENCE AND BACKGROUND:
The New Year’s Holiday falls on January 1st, Planning Commission’s regularly scheduled
meeting date.
Therefore, the Planning Commission has the following dates available for a rescheduled
meeting. Both of these dates offer availability in the Mississippi Room.
Wednesday, January 2nd
Tuesday, January 8th
B. ALTERNATIVE ACTIONS:
1. Motion to reschedule the regular Planning Commission meeting of January 1st, 2013 to
____________, 2013.
C. STAFF RECOMMENDATION:
Staff defers to Planning Commissioner schedules on this decision.
D. SUPPORTING DATA:
January Calendar