Planning Commission Agenda 04-05-2011
AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, April 5th, 2011
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, William Spartz, and
Barry Voight
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman – NAC
1. Call to order.
2. Consideration to approve the Planning Commission minutes of March 1st, 2011.
3. Citizen Comments.
4. Consideration of adding items to the agenda.
5. Public Hearing - Consideration of an amendment to the Monticello Zoning Ordinance relating
to adult-oriented land uses, including amendments to Chapter 3.6 (Industrial Base Zoning
Districts), 3.6 (D) I-1, Light Industrial District, 3.6 (E) I-2, Heavy Industrial District; and
including amendments to Chapter 3.7, Overlay Zoning Districts; and including amendments
to Chapter 5.1, Table 5-1; and amendments to Chapter 5.6, Table 5-6; and including
amendments to Chapter 5.6 (F), Regulations for Commercial Uses; and amendments to the
official zoning map of the City of Monticello. Applicant: City of Monticello
6. Consideration to call for a Public Hearing for the amendment of the Monticello Zoning
Ordinance:
Chapter 2.4(B) for the initiation of Zoning Ordinance Text and Map Amendments
Chapter 5.3(D) as related to the standards for Accessory Structures in the M-H
District.
Chapter 5.4 as related to the General and Specific Standards for Temporary Uses
7. Consideration to appoint a Planning Commissioner to the Transportation Advisory
Committee.
8. Consideration to review progress on the Monticello Parks & Trails Plan
9. 2011 Planning Commission Goals & Objectives
10. Community Development Director’s Report
11. Adjourn.
Planning Commission Minutes – 03/01/11
1
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, March 1, 2011
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Bill Spartz, Barry Voight, Charlotte Gabler, Brad Fyle
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC
Other: Sandy Suchy, Chamber Director
1. Call to order
Chairman Rod Dragsten called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes of February 1st, 2011
BRAD FYLE MOVED TO APPROVE THE MINUTES OF FEBRUARY 1ST, 2011 AS
AMENDED. MOTION WAS SECONDED BARRY VOIGHT. MOTION CARRIED 5-
0.
3. Citizen Comments
None
4. Consideration of adding items to the agenda
None
5. Public Hearing - Consideration of a request to amend Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, Chapter 4.5, Signs
Community Development Director Angela Schumann presented an overview report on a
Sign Ordinance amendment in two parts. Decision 1 addressed minor amendment
language as part of the six-month code tracking period. Decision 2 addressed an interim
ordinance proposal for temporary signage.
Decision 1: Sign Ordinance Amendments
The Planning Commission had specifically discussed code tracking as related to a
number of potential amendments to Section 4.5, Signs during their February meeting.
The following three minor amendments are straightforward adjustments:
4.5(C) (2): Distinguishes that signs 2 square feet or less shall be permanent signs.
4.5(D) (10): Additional regulation clarifying that Abandoned Signs (see definition of
Planning Commission Minutes – 03/01/11
2
“abandoned sign” in section 8.4) are prohibited by ordinance.
4.5(I) (3) New Business Temporary Signage Allowance:
o Amendment allows bonus temporary signage of up to 40 days which can be
utilized anytime within first 6 months of operation.
o Amendment further clarifies that this provision is available even when a property
has given up signage via the bonus square footage through message board
provisions.
Chairman Dragsten opened the public hearing. Hearing no public comments, the public
hearing was closed. Staff responded to a few questions from the Planning Commission.
BARRY VOIGHT MOVED TO RECOMMEND APPROVAL OF ORDINANCE
AMENDMENT #524, AN ORDINANCE OF THE MONTICELLO CITY CODE,
MONTICELLO ZONING ORDINANCE, CHAPTER 4.5, SIGNS, INCLUDING
CHANGES TO 4.5(C)(2), 4.5(D)(10), AND 4.5(I)(3). MOTION WAS SECONDED BY
CHARLOTTE GABLER. MOTION CARRIED 5-0.
Decision 2: Temporary Signage Interim Ordinance
Framing the selected alternative as an interim ordinance would allow the Planning
Commission, and City as a whole, to analyze the temporary sign issue over a finite period
and determine the impacts (both positive and negative) of the interim regulation. At the
end of the interim ordinance period, the Commission would then be able to recommend
final temporary sign ordinance amendments.
The Planning Commission had directed staff to do additional research to assist in the
development of a possible amendment for temporary signage for multiple tenant
buildings and/or temporary relaxation of temporary sign regulations as a whole. Staff
provided information related to a survey of the business community, a survey of
surrounding community regulations and a focus group to provide a baseline of
information for the Commission. Responses indicated that while 40 days is generally
acceptable for most businesses, multi-tenant buildings are not treated equally. Staff found
that most communities allow for more overall days of temporary signage. Two
communities allow for signage days to be allotted per business. One community regulates
the distance between signs. The focus group felt strongly that the best analysis of
temporary signage impact would be to have the least amount of regulation possible.
Staff recommended specifically against any provision allowing for off-premise signage,
temporary or permanent, in that the content of such signage cannot be regulated.
As a result of the research, staff developed three interim temporary sign ordinance
alternatives for the Commission to consider. Each of these options outlined the total
number of days per year signs would be allowed, signs allowed by business, the number
of signs per location, permit requirements, whether off-premise temporary signs would be
allowed and whether a special multi-tenant allowance would be made. Option 1 was the
least regulated and Option 3 was the most regulated. A number of standards would also
Planning Commission Minutes – 03/01/11
3
be incorporated into each option of the interim ordinance. (These are included in the
motion.) Staff also invited the Commission to develop its own preferred alternative from
the three options presented.
The Commission considered the various options at length. There were many questions
and clarifications about the specific criteria cited. There was some discussion about the
value of establishing an interim ordinance and the reliability of data to be collected.
Building Official Ron Hackenmueller stressed the importance of maintaining the permit
fee in order to assist with the administrative costs of monitoring this initiative. It was
suggested that multi-tenant businesses be noted as such on the permit form for tracking
purposes. Chamber Director Sandy Suchy agreed to educate businesses about and
promote the interim sign ordinance.
The Commission seemed to agree that approving an interim ordinance would provide an
opportunity for the business community to determine their actual signage needs and
allow the City to clarify how more flexible signage regulations would affect the
community.
BILL SPARTZ MOVED TO RECOMMEND APPROVAL OF AN INTERIM
ORDINANCE WITH UNLIMITED DAYS PER YEAR, ONE SIGN ALLOWED BY
BUSINESS, ONE SIGN EVERY 75 FEET PER FRONTAGE, PERMIT REQUIRED,
FEE AS DETERMINED BY COUNCIL, OFF-PREMISE TEMPORARY SIGNS NOT
ALLOWED, WITH NO SPECIAL MULTI-TENANT ALLOWANCE. IN
ADDITION:
THE INTERIM ORDINANCE TERMINATES DECEMBER 31, 2011
MAXIMUM SIGN AREA: 40 SQUARE FEET
INTERIM ORDINANCE APPLIES ONLY TO TEMPORARY SIGNS
(PORTABLE) AND DOES NOT INCLUDE PLACARD SIGNS
(MOVABLE STAKED SIGNS OF 6 SQUARE FEET OR LESS) OR
PERMANENT SIGNAGE
SIGNS MUST BE CONSTRUCTED OF MATERIALS CONSISTENT
WITH TEMPORARY SIGNS (PORTABLE) AND MAY NOT BE
CONSTRUCTED OF PLYWOOD, CHIPBOARD, UNFINISHED
MATERIALS, OR OTHER SIMILAR MATERIALS
NO TEMPORARY SIGNAGE WOULD BE ALLOWED ON VACANT
PARCELS
SIGNAGE DAYS USED WOULD BE REQUIRED TO BE TRACKED
BY PERMITEE IN ORDER TO ASSIST THE CITY IN DETERMINING
ACTUAL NUMBER OF DAYS USED UNDER THE INTERIM
ORDINANCE
SIGNS MUST BE LOCATED ON PRIVATE PROPERTY BY
PERMISSION OF THE OWNER AND MAY NOT BE LOCATED ON
ANY PUBLIC EASEMENT OR RIGHT-OF-WAY
MN/DOT AND STATE STATUTES REGARDING OFF-PREMISE
SIGNAGE REQUIREMENTS APPLY
Planning Commission Minutes – 03/01/11
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MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 4-1.
BRAD FYLE WAS OPPOSED DUE TO THE NUMBER OF DAYS.
Commissioner Fyle stated that his preference would be to set a specific numbers of days,
as that would most likely be the circumstance for the resulting final amendment. Staff
agreed to prepare an interim ordinance to be presented to City Council for consideration
on March 14, 2011.
6. Consideration of amendment options related to Chapter 5.3 of the Monticello Zoning
Code relating to Adult Uses
NAC Consultant Steve Grittman reported that, upon the Planning Commission’s request
for additional information, the City Council had enacted a moratorium on Adult Use
establishments until a more complete study could be made of the issues.
The focus of the study was to re-analyze the City’s “opportunity area” for adult use due
to the significant increases in land area, population, and commercial/industrial zoning, as
well as changes to the land use planning and zoning that have taken place since the
adoption of the original ordinance.
Staff had been asked to examine what changes to the eligible zoning districts and buffer
zones would be necessary to re-establish an opportunity area that approximates the
“reasonable opportunity” as required by the Court decisions. Based on the City
Attorney’s analysis, an ordinance that makes available more than 5% of its total land area
for the potential for adult uses is likely to be upheld, whereas an ordinance that makes
available less than 1% of its land area is at extreme risk of being challenged. Standards
for review used by courts include the number of parcels available, the geographic size
and population of the community and the percentage of commercial/industrial area in the
community. Any land counted within the opportunity area must be available or adaptable
to this use. The industrial land occupied by the Xcel Energy power plant is not available
for consideration.
Staff contacted a number of nearby cities to find what standards for adult use regulations
are being used in those communities. Many of the surrounding localities reported that
they no longer knew how much opportunity area they have as it had not been monitored
over the years.
There were numerous questions and considerable discussion about protecting the City
from legal challenge.
Staff agreed to look into data related to where adult use establishments had tried to locate
with and without a permit within other communities. Staff will prepare ordinance
amendment scenarios which consider using both industrial and commercial land and
varying amounts of buffered areas.
Planning Commission Minutes – 03/01/11
5
BRAD FYLE MOVED TO CALL FOR A PUBLIC HEARING TO CONSIDER
AN AMENDMENT TO TITLE 10, FOR MONTICELLO ZONING
ORDINANCE, CHAPTER 5 AS RELATED TO ADULT-ORIENTED LAND
USES. MOTION WAS SECONDED BY BILL SPARTZ. MOTION CARRIED
5-0.
7. 2010 Housing Report Presentation
Staff provided a graphic representation of the 2010 Monticello Housing Report
previously submitted to the Planning Commission. The presentation provided a snapshot
of data related to local housing stock, land and lot inventory, land use and zoning and
projections for Monticello’s housing future. More detailed 2010 Census data should be
made available by fall.
The City’s housing market has begun to stabilize. The number of foreclosures, which are
scattered throughout Monticello, decreased significantly this past year. The occupancy
rate for multi-tenant buildings remained strong. Rental property is safer as a result of the
rental licensing program. The local median home value remained above the U.S. median
home value. The number of land inquiries increased over the past three months. The
Department of Building Safety has been getting calls about how much lots are worth and
how much a permit would cost. There seems to be some first-time home buyer interest in
less expensive lots and smaller houses.
Staff noted that, now that the Zoning Ordinance has been updated to be consistent with
the Comprehensive Plan, Monticello is poised for growth. The City will work toward
providing move-up residential as well as workforce housing.
8. Director’s Report
City Council adopted a resolution codifying the adoption of the Transportation Plan and
formally incorporated the plan into the Comprehensive Plan. A graphic depiction of
Monticello tax rate information will be provided to the Commission by email.
An Embracing Downtown Steering Committee meeting will be held on March 15th at
4pm in the Bridge Room. A stakeholder meeting is scheduled for March 29th at 4 pm.
9. Adjourn
BILL SPARTZ MOVED TO ADJOURN THE MEETING AT 8:23 PM. MOTION
WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5-0.
Recorder: Kerry T. Burri __
Approved: April 5, 2011
Attest: ___________________________________________
Angela Schumann, Community Development Director
Planning Commission Agenda – 4/05/11
5. Public Hearing: Consideration of a request for an amendment to the Adult-
oriented use regulations in the Zoning Ordinance. Applicant: City of
Monticello. (NAC)
A. REFERENCE AND BACKGROUND:
The City has been examining the potential for updating and amending its adult-
oriented use regulations. As a part of previous review, the Planning Commission
has considered how such regulations are viewed from both a land use and legal
perspective, and the types of changes that should be considered to bring
Monticello’s regulations into conformance with generally accepted requirements
for regulations of this kind.
Just to highlight the current condition, the City’s existing regulations limit adult-
oriented uses to the I-2 District, and maintain a 700 foot buffer from sensitive
uses. As applied to the City’s I-2 areas, these uses are exclusively schools, parks,
and residential zones. The code provides for other sensitive uses, but there are
none of those other uses near the I-2 district properties. This limitation has left
the City with an “opportunity area” in the range of just one percent of the City’s
usable land area, and just a few eligible parcels– a range that raises significant
concerns over the legality of the regulations.
For reference, the usable land area of the City has been calculated as the total
gross acreage, subtracting all Federal, State, and County highway right-of-way,
and subtracting also the land owned by the Xcel Energy power plant, since it is
largely covered by a buffer zone that would make it ineligible for private
development.
For tracking purposes, staff has calculated the usable acreage currently zoned for
commercial and/or industrial purposes – a total of about 2,190 acres,
approximately 48% of the usable total. Many of the cities cited by the City
Attorney that had percentage areas significantly less than five percent also were
identified as having particularly low percentages of commercial and industrial
land uses overall. This is not necessarily the case for Monticello.
The approach taken by most communities subsequent to the U.S. Supreme
Court’s 1986 ruling in City of Renton [Washington] v. Playtime Theatres was to
devise regulations that separated adult-oriented uses from those areas where
sensitive populations might be present (most notably residential, schools,
libraries, parks, and similar uses). Cities have endeavored to maximize the
separation distance from these uses, while retaining an opportunity for adult-
oriented uses to locate in the community, by providing an opportunity area of
approximately 5% of the city’s land area.
The Renton Court ruled that such regulations did not directly regulate speech
(which would be protected under First Amendment limitations), but instead
Planning Commission Agenda – 4/05/11
regulated the secondary effects of the adult-oriented use on other sensitive land
uses. In this analysis, so long as the City’s regulations provided a reasonable
opportunity for such uses to locate in the community, the regulations could be
considered legitimate.
In the City Attorney’s analysis, it is noted that the 5% informal threshold has
virtually always served as adequate evidence of “reasonable opportunity”. Below
this level, a number of communities have been able to defend the constitutionality
of their regulations by showing that a reasonable opportunity was available, even
though the informally recognized 5% threshold might not be met. In most of
those cases, the city’s regulations provided the opportunity for several parcels to
be used for such businesses, relying on the number of actual parcels, rather than
the percentage of total area.
The City Attorney notes that each of these cases succeeded on specific factual
scenarios. The Attorney further notes that when the city’s regulations limited the
opportunity area to less than 1%, the cases tended to turn out unfavorably for the
city.
The Planning Commission has directed staff to examine opportunities to
maximize the separation distance within the parameters supported by the City’s
legal representatives. As a part of this study, staff examined a number of options
aimed at meeting the objectives of the Planning Commission, as well as
maximizing the “defensibility” of the proposed regulations. This report forwards
two of those options as the most effective choices for consideration by the
Planning Commission. These are summarized below, and a draft set of
regulations for each is attached.
Percentage Threshold – 275 foot buffer. The first utilizes the traditional 5%
threshold approach. While this approach creates a potential for more eligible land
than the second option, the Attorney’s report highlights that it is likely the
“safest” approach, in regard to being able to defend the City’s ordinance from a
legal challenge. With a 275 foot buffer from sensitive uses, the current land use
pattern would yield about 236 acres, or 5.07% of the City’s net usable land area to
the potential for adult uses. To follow this approach, the City would need to
make the following changes:
1. Amend the I-1, Light Industrial District to add adult-oriented uses as a
permitted use, with the same conditions in the I-2 district.
2. Amend the regulations to provide that no parcel with frontage on I-94
would be eligible for an adult-oriented use. This amendment is
intended to avoid the highest profile properties advertising such
activities to the passing public.
Planning Commission Agenda – 4/05/11
3. Change the regulations to provide for a buffer distance of 275 linear
feet, reduced from the current 700 feet.
4. Retain all other regulations as currently adopted.
One difficulty here is that we have assumed that the City will not want adult-
oriented uses abutting the freeway, and have calculated the opportunity area with
this assumption. The issue is that the freeway is not really a “sensitive use” that
would be subject to the negative secondary effects of adult-oriented uses. As a
result, applying the normal “buffer” distance is not appropriate. To resolve this
problem, an additional restriction would need to be added to the I-1 District entry
related to adult-oriented uses that specifically prohibits their location on freeway-
abutting parcels as a basic zoning restriction, separate from the “buffering”
approach.
Further, to accomplish this, the City Attorney’s preferred approach would be to
actually create separate zoning districts, rather than try and exclude certain uses
within the limits of a zoning district. Essentially, the City would need to
restructure its current two Industrial Districts into three districts. In short, task 2
above would be divided into the following subtasks:
a. Create a new “I-3, Freeway Industrial District” which mirrors the uses
in the original I-1, with no adult-oriented uses.
b. Rezone properties with freeway exposure to the I-3 District (which has
the effect of leaving them in the same position they are now).
This is the preferred approach of the City Attorney’s office. However, Staff was
concerned that the creation of a new base zoning district, changes to the current
base district, and rezoning of several parcels would be confusing to the property
owners, and cumbersome to administer. As a result, a second option was
developed that relies on the “number of eligible adult-oriented parcels” approach
which has been upheld in some of the cases cited by the Attorney. That option is
described below.
Number of Parcels, or “Overlay District”. This approach essentially creates a
buffer of variable distance by establishing an ordinance that allows adult-oriented
uses only on parcels that don’t abut sensitive use parcels, overlaying portions of
both the I-1 and I-2 Districts. Thus, the I-1 and I-2 Districts would provide for the
opportunity for adult-oriented use on parcels that do not share a common property
line with parcels zoned or used for residential, school, or park.
In addition, the overlay district would be applied only to those parcels that rely on
internal street access, and do not have exposure to the interstate freeway. The net
result of this approach would be a percentage of about 3.5% of the City’s total
area, a total of as many as 43 separate parcels available, and about 164 acres of
Planning Commission Agenda – 4/05/11
available land area. This would be out of about 2,560 acres of commercial and
industrial zoned land in the city.
The net effect of this approach is a slight reduction in the percentage area,
although still about 3.5%. It also has the effect of increasing the buffer in most
areas, since it follows property lines rather than a fixed distance. It is staff’s
opinion that while the percentage drops below the 5% target threshold, the
number of available parcels provides for a reasonable opportunity for adult-
oriented uses while balancing the City’s interest in protecting the sensitive land
uses from the secondary effects of those uses.
As noted, the separation distances vary, since they are dependent on location of
property lines. The following table shows the least separation distance to various
land use types:
Land Use Distance Location
Single Family Residential 394 ft. Groveland Subdivision at Chelsea Road
Multiple Family Residential 271 ft. Golden Eagle Lane (340 ft. to bldg.)
Public Park 493 ft. Bertram Lakes near Chelsea Road
Public School 698 ft. NW corner of Little Mountain at Fallon
The City Attorney’s office endorses this approach as being consistent with cases
where restrictions have been successfully defended. The primary concern in this
regard is that the parcels chosen for inclusion do not create a concern over “spot
zoning”. This means that the City must be careful to create regulations that
permit such uses in larger blocks of land area, rather than a series of scattered,
detached parcels that may suggest incompatible land use patterns.
Steps to accomplish this approach are somewhat problematic, since the City
would have to map a specific area, rather than just rely on a buffer distance to
define the potential area. Moreover, this approach would not change over time –
a benefit in that it is more predictable, but potentially negative if the City does not
monitor the introduction of new uses – such as a commercial daycare operation –
into the district.
To implement this approach, the Planning Commission would need to do the
following:
1. Remove adult-oriented uses as a permitted use from the I-2 base
district language.
2. Amend the current adult use regulations to stand alone as a separate
overlay zoning district, with the chosen overlay district title.
3. Map and adopt the overlay district for the designated area.
Planning Commission Agenda – 4/05/11
While the changes to the current ordinance are somewhat more extensive (due to
the creation of the overlay district, and transfer of the adult-oriented use language
into that section from its current locations), this approach ends up being least
disruptive to current property owners. The permitted uses of the base district do
not change significantly, and nobody would need to have their property rezoned
to reflect district language changes.
B. ALTERNATIVE ACTIONS:
Decision 1: Amendment to the Zoning Ordinance revising the City’s Adult-
oriented zoning restrictions
1. Motion to recommend approval of the “Percentage Threshold” approach with
a 275 foot buffer zone, addition of adult-oriented uses to the I-1 District, and
other amendments as noted in this report.
2. Motion to recommend approval of the “Number of Parcels” approach with
amendments to create a “Special Use” overlay zoning district and changes to
the zoning map as noted in this report.
3. Motion to recommend denial of amendments to the Zoning Ordinance related
to adult-oriented zoning restrictions.
C. STAFF RECOMMENDATION:
Staff recommends amendments to the City’s adult-oriented use regulations, due to
the concerns that the current regulations, including the 700 foot buffer, limitation
of adult uses to the I-2 District only, and the changes to the City’s land use pattern
over time have resulted in overly restrictive regulations of such uses, leading to
the possibility that the restrictions might be subject to legal challenge.
This report offers two options – a “Percentage Threshold” option that relies on a
fixed buffer distance for adult-oriented uses of 275 linear feet. This option does
create a separation distance from the freeway. This option provides, at the current
time, about 5.1% of the City’s net usable land area for adult-oriented uses to
locate.
The second option relies on a “Number of Parcels” or “Overlay District” approach
– effectively creating a buffer by mapping a specific set of parcels that ensures no
adult-oriented use could be located on a parcel that abuts a sensitive use area, and
also ensures that no freeway frontage would be used for such businesses. This
option provides for more than 40 individual parcels, approximately 3.5% of the
City’s land area. It requires the creation of an overlay district to map the
allowable area.
Planning Commission Agenda – 4/05/11
Between the two options, staff prefers the “overlay district” approach for
the following reasons:
It avoids reconfiguring and rezoning base districts for existing industrial
properties.
It maintains a reasonable amount of opportunity (3.5% of area, and more
than 40 individual parcels).
It avoids freeway exposure, preserving that for higher uses, consistent with
the City’s economic development interests.
It maintains a better separation overall from nearly all existing sensitive
use locations.
The overlay approach can be more easily manipulated in the future to
maintain reasonable opportunity and adjust for changing land use patterns.
Either approach would benefit from routine monitoring of the adult-oriented use
opportunity area. Changes in land use pattern, business location, and many other
factors can affect the enforceability of the City’s regulations over time.
D. SUPPORTING DATA:
A. Map – 275 Ft. Buffer from Sensitive Uses
B. Ordinance Amendments supporting “Buffer” approach
C. Map – Parcels Not Abutting Sensitive Uses
D. Ordinance Amendments supporting “Overlay” approach
E. Resolution 2011-24
Planning Commission Agenda — 4/05/11
5. Public Hearing: Consideration of a request for an amendment to the Adult-
oriented use regulations in the Zoning Ordinance. Applicant: City of
Monticello. (NAC)
A. REFERENCE AND BACKGROUND:
The City has been examining the potential for updating and amending its adult-
oriented use regulations. As a part of previous review, the Planning Commission
has considered how such regulations are viewed from both a land use and legal
perspective, and the types of changes that should be considered to bring
Monticello's regulations into conformance with generally accepted requirements
for regulations of this kind.
Just to highlight the current condition, the City's existing regulations limit adult-
oriented uses to the I-2 District, and maintain a 700 foot buffer from sensitive
uses. As applied to the City's 1-2 areas, these uses are exclusively schools, parks,
and residential zones. The code provides for other sensitive uses, but there are
none of those other uses near the I-2 district properties. This limitation has left
the City with an "opportunity area" in the range of just one percent of the City's
usable land area, and just a few eligible parcels— a range that raises significant
concerns over the legality of the regulations.
For reference, the usable land area of the City has been calculated as the total
gross acreage, subtracting all Federal, State, and County highway right-of-way,
and subtracting also the land owned by the Xcel Energy power plant, since it is
largely covered by a buffer zone that would make it ineligible for private
development.
For tracking purposes, staff has calculated the usable acreage currently zoned for
commercial and/or industrial purposes — a total of about 2,190 acres,
approximately 48% of the usable total. Many of the cities cited by the City
Attorney that had percentage areas significantly less than five percent also were
identified as having particularly low percentages of commercial and industrial
land uses overall. This is not necessarily the case for Monticello.
The approach taken by most communities subsequent to the U.S. Supreme
Court's 1986 ruling in City of Renton [Washington] v. Playtime Theatres was to
devise regulations that separated adult-oriented uses from those areas where
sensitive populations might be present (most notably residential, schools,
libraries, parks, and similar uses). Cities have endeavored to maximize the
separation distance from these uses, while retaining an opportunity for adult-
oriented uses to locate in the community, by providing an opportunity area of
approximately 5% of the city's land area.
The Renton Court ruled that such regulations did not directly regulate speech
(which would be protected under First Amendment limitations), but instead
Planning Commission Agenda — 4/05/11
regulated the secondary effects of the adult-oriented use on other sensitive land
uses. In this analysis, so long as the City's regulations provided a reasonable
opportunity for such uses to locate in the community, the regulations could be
considered legitimate.
In the City Attorney's analysis, it is noted that the 5% informal threshold has
virtually always served as adequate evidence of "reasonable opportunity". Below
this level, a number of communities have been able to defend the constitutionality
of their regulations by showing that a reasonable opportunity was available, even
though the informally recognized 5% threshold might not be met. In most of
those cases, the city's regulations provided the opportunity for several parcels to
be used for such businesses, relying on the number of actual parcels, rather than
the percentage of total area.
The City Attorney notes that each of these cases succeeded on specific factual
scenarios. The Attorney further notes that when the city's regulations limited the
opportunity area to less than I%, the cases tended to turn out unfavorably for the
city.
The Planning Commission has directed staff to examine opportunities to
maximize the separation distance within the parameters supported by the City's
legal representatives. As a part of this study, staff examined a number of options
aimed at meeting the objectives of the Planning Commission, as well as
maximizing the "defensibility" of the proposed regulations. This report forwards
two of those options as the most effective choices for consideration by the
Planning Commission. These are summarized below, and a draft set of
regulations for each is attached.
Percentage Threshold — 275 foot buffer. The first utilizes the traditional 5%
threshold approach. While this approach creates a potential for more eligible land
than the second option, the Attorney's report highlights that it is likely the
"safest" approach, in regard to being able to defend the City's ordinance from a
legal challenge. With a 275 foot buffer from sensitive uses, the current land use
pattern would yield about 236 acres, or 5.07% of the City's net usable land area to
the potential for adult uses. To follow this approach, the City would need to
make the following changes:
1. Amend the I-1, Light Industrial District to add adult-oriented uses as a
permitted use, with the same conditions in the I-2 district.
2. Amend the regulations to provide that no parcel with frontage on I-94
would be eligible for an adult-oriented use. This amendment is
intended to avoid the highest profile properties advertising such
activities to the passing public.
Planning Commission Agenda — 4/05/11
3. Change the regulations to provide for a buffer distance of 275 linear
feet, reduced from the current 700 feet.
4. Retain all other regulations as currently adopted.
One difficulty here is that we have assumed that the City will not want adult-
oriented uses abutting the freeway, and have calculated the opportunity area with
this assumption. The issue is that the freeway is not really a "sensitive use" that
would be subject to the negative secondary effects of adult-oriented uses. As a
result, applying the normal "buffer" distance is not appropriate. To resolve this
problem, an additional restriction would need to be added to the I-1 District entry
related to adult-oriented uses that specifically prohibits their location on freeway -
abutting parcels as a basic zoning restriction, separate from the "buffering"
approach.
Further, to accomplish this, the City Attorney's preferred approach would be to
actually create separate zoning districts, rather than try and exclude certain uses
within the limits of a zoning district. Essentially, the City would need to
restructure its current two Industrial Districts into three districts. In short, task 2
above would be divided into the following subtasks:
a. Create a new "I-3, Freeway Industrial District" which mirrors the uses
in the original I-1, with no adult-oriented uses.
b. Rezone properties with freeway exposure to the I-3 District (which has
the effect of leaving them in the same position they are now).
This is the preferred approach of the City Attorney's office. However, Staff was
concerned that the creation of a new base zoning district, changes to the current
base district, and rezoning of several parcels would be confusing to the property
owners, and cumbersome to administer. As a result, a second option was
developed that relies on the "number of eligible adult-oriented parcels" approach
which has been upheld in some of the cases cited by the Attorney. That option is
described below.
Number of Parcels, or "Overlay District". This approach essentially creates a
buffer of variable distance by establishing an ordinance that allows adult-oriented
uses only on parcels that don't abut sensitive use parcels, overlaying portions of
both the I-1 and I-2 Districts. Thus, the I -I and I-2 Districts would provide for the
opportunity for adult-oriented use on parcels that do not share a common property
line with parcels zoned or used for residential, school, or park.
In addition, the overlay district would be applied only to those parcels that rely on
internal street access, and do not have exposure to the interstate freeway. The net
result of this approach would be a percentage of about 3.5% of the City's total
area, a total of as many as 43 separate parcels available, and about 164 acres of
Planning Commission Agenda — 4/05/11
available land area. This would be out of about 2,560 acres of commercial and
industrial zoned land in the city.
The net effect of this approach is a slight reduction in the percentage area,
although still about 3.5%. It also has the effect of increasing the buffer in most
areas, since it follows property lines rather than a fixed distance. It is staff s
opinion that while the percentage drops below the 5% target threshold, the
number of available parcels provides for a reasonable opportunity for adult-
oriented uses while balancing the City's interest in protecting the sensitive land
uses from the secondary effects of those uses.
As noted, the separation distances vary, since they are dependent on location of
property lines. The following table shows the least separation distance to various
land use types:
Land Use
Distance
Location
Single Family Residential
394 ft.
Groveland Subdivision at Chelsea Road
Multiple Family Residential
271 ft.
Golden Eagle Lane (340 ft. to bldg.)
Public Park
493 ft.
Bertram Lakes near Chelsea Road
Public School
698 ft.
NW corner of Little Mountain at Fallon
The City Attorney's office endorses this approach as being consistent with cases
where restrictions have been successfully defended. The primary concern in this
regard is that the parcels chosen for inclusion do not create a concern over "spot
zoning". This means that the City must be careful to create regulations that
permit such uses in larger blocks of land area, rather than a series of scattered,
detached parcels that may suggest incompatible land use patterns.
Steps to accomplish this approach are somewhat problematic, since the City
would have to map a specific area, rather than just rely on a buffer distance to
define the potential area. Moreover, this approach would not change over time —
a benefit in that it is more predictable, but potentially negative if the City does not
monitor the introduction of new uses — such as a commercial daycare operation —
into the district.
To implement this approach, the Planning Commission would need to do the
following:
Remove adult-oriented uses as a permitted use from the I-2 base
district language.
2. Amend the current adult use regulations to stand alone as a separate
overlay zoning district, with the chosen overlay district title.
3. Map and adopt the overlay district for the designated area.
Planning Commission Agenda — 4/05/11
While the changes to the current ordinance are somewhat more extensive (due to
the creation of the overlay district, and transfer of the adult-oriented use language
into that section from its current locations), this approach ends up being least
disruptive to current property owners. The permitted uses of the base district do
not change significantly, and nobody would need to have their property rezoned
to reflect district language changes.
H. ALTERNATIVE ACTIONS:
Decision 1: Amendment to the Zoning Ordinance revising the City's Adult-
oriented zoning restrictions
1. Motion to recommend approval of the "Percentage Threshold" approach with
a 275 foot buffer zone, addition of adult-oriented uses to the I-1 District, and
other amendments as noted in this report.
2. Motion to recommend approval of the "Number of Parcels" approach with
amendments to create a "Special Use" overlay zoning district and changes to
the zoning map as noted in this report.
3. Motion to recommend denial of amendments to the Zoning Ordinance related
to adult-oriented zoning restrictions.
C. STAFF RECOMMENDATION:
Staff recommends amendments to the City's adult-oriented use regulations, due to
the concerns that the current regulations, including the 700 foot buffer, limitation
of adult uses to the I-2 District only, and the changes to the City's land use pattern
over time have resulted in overly restrictive regulations of such uses, leading to
the possibility that the restrictions might be subject to legal challenge.
This report offers two options — a "Percentage Threshold" option that relies on a
fixed buffer distance for adult-oriented uses of 275 linear feet. This option does
create a separation distance from the freeway. This option provides, at the current
time, about 5.1 % of the City's net usable land area for adult-oriented uses to
locate.
The second option relies on a "Number of Parcels" or "Overlay District" approach
— effectively creating a buffer by mapping a specific set of parcels that ensures no
adult-oriented use could be located on a parcel that abuts a sensitive use area, and
also ensures that no freeway frontage would be used for such businesses. This
option provides for more than 40 individual parcels, approximately 3.5% of the
City's land area. It requires the creation of an overlay district to map the
allowable area.
Planning Commission Agenda — 4/05/11
Between the two options, staff prefers the "overlay district" approach for
the following reasons:
• It avoids reconfiguring and rezoning base districts for existing industrial
properties.
• It maintains a reasonable amount of opportunity (3.5% of area, and more
than 40 individual parcels).
• It avoids freeway exposure, preserving that for higher uses, consistent with
the City's economic development interests.
• It maintains a better separation overall from nearly all existing sensitive
use locations.
• The overlay approach can be more easily manipulated in the future to
maintain reasonable opportunity and adjust for changing land use patterns.
Either approach would benefit from routine monitoring of the adult-oriented use
opportunity area. Changes in land use pattern, business location, and many other
factors can affect the enforceability of the City's regulations over time.
D. SUPPORTING DATA:
A. Map — 275 Ft. Buffer from Sensitive Uses
B. Ordinance Amendments supporting "Buffer" approach
C. Map — Parcels Not Abutting Sensitive Uses
D. Ordinance Amendments supporting "Overlay" approach
E. Resolution 2011-24
City of Monticello, Minnesota
Wright County
Ordinance No. ____
AN ORDINANCE AMENDING CHAPTERS 3 AND 5, SECTION 3.2, BASE ZONING
DISTRICTS; SECTION 3.6 INDUSTRIAL BASE ZONING DISTRICTS; SECTION
5.1, USE TABLE; SECTION 5.2 (F)(1) ADULT USES; OF THE MONTICELLO
CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR
AMENDMENTS ESTABLISHING A FREEWAY INDUSTRIAL DISTRICT AND
AMENDING THE CITY’S REGULATION OF ADULT-ORIENTED LAND USES AND
AMENDING THE OFFICIAL ZONING MAP REZONING CERTAIN PROPERTIES AS
DESIGNATED HEREIN.
The City Council of the City of Monticello hereby ordains:
Section 1.
Section 3.2 is hereby amended to read as follows:
Table 3-1: BASE ZONING DISTRICTS
TABLE 3-1: BASE ZONING DISTRICTS
Abbreviation District Name
Residential Districts
A-O Agricultural Open District
R-A Residential Amenities District
R-1 Single Family Residential District
R-2 Single and Two Family Residential District
T-N Traditional Neighborhood District
R-3 Medium Density Residential District
M-H Mobile & Manufactured Home Park District
Business Districts
B-1 Neighborhood Business District
B-2 Limited Business District
B-3 Highway Business District
B-4 Regional Business District
CCD Central Community District
Industrial Districts
IBC Industrial and Business Campus District
I-1 Light Industrial District
I-2 Heavy Industrial District
I-3 Freeway Light Industrial District
Section 2.
Chapter 3 is hereby amended to add the following:
Section 3.6 (F) Freeway Light Industrial District
Section 3.6 (F)
I-3 Freeway Light Industrial District
The purpose of the "I-3," Freeway light
industrial, district is to provide for the
establishment of warehousing and light
industrial development.
Base Lot Area
Minimum = 20,000 square feet
Base Lot Width
Minimum = 100 feet
Typical I-1 Building Types
Typical I-3 Lot Configuration
TABLE 3-16: I-3 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet) [1] Max Height (stories
/ feet)
Max Floor Area
Ratio (FAR)
Max Impervious (%
of gross lot area) Front Interior
Side
Street
Side Rear
All Uses 30 15 30 15 2 stories
30 feet [2] (Reserved) (Reserved)
[1]: When any yard abuts a zoning district other than I-1, I-2, or I-3, the setbacks for the abutting yard must
be 50 feet.
[2]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in Title 4, Chapter 1 of the Monticello City Code.
Accessory
Structures See Section 5.3(B) for all general standards and limitations on accessory structures.
Other
Regulations
to Consult
(not all
inclusive)
Section 3.3, Common District Requirements
Section 3.6(B), Standards Applicable to All Industrial Base Zoning Districts
Section 4.1, Landscaping and Screening Standards
Section 4.5, Signs
Section 4.8, Off-Street Parking
Section 4.9, Off-Street Loading
Section 4.11, Building Materials
Section 3.
Section 5.1, Table 5-1 is hereby amended to read as follows:
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
I
3
Agricultural Uses
Agriculture P P P P P P P P P P P P P P P P 5.2(B)(1)
Agricultural Sales P 5.2(B)(2)
Community Gardens P P P P P P P P P 5.2(B)(3)
Stables C 5.2(B)(4)
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P 5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C P 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential Facility,
Single Family P P P P P 5.2(C)(3)
Group Residential Facility,
Multi-family P P 5.2(C)(3)
Mobile & Manufactured Home /
Home Park C C P C C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities (public) P P P P P P P P P P P P P P P P None
Active Park Facilities (private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C P C 5.2(D)(2)
Cemeteries C C C C C C 5.2(D)(3)
Clinics C P P P C None
Essential Services P P P P P P P P P P P P P P P P None
Hospitals C P P P C 5.2(D)(4)
Nursing/Convalescent Home C C C C C C C C P P P 5.2(D)(5)
Passenger Terminal C C C C C None
Passive Parks and Open Space P P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C P C C P P P C P P P 5.2(D)(6)
Schools, K-12 C C C C P C I I I 5.2(D)(7)
Schools, Higher Education C C None
Place of Public Assembly C C C C P C 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C C 5.2(D)(9)
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
I
3
Office Uses
Offices P P P P P P P P 5.2(E)
Commercial Uses
Adult Uses P P 5.2(F)(1)
Auction House C C 5.2(F)(2)
Auto Repair – Minor C C C P P P 5.2(F)(3)
Automotive Wash Facilities P C C 5.2(F)(4)
Bed & Breakfasts C C C C C 5.2(F)(5)
Boarding House C 5.2(F)(6)
Business Support Services P P P P P P none
Communications/Broadcasting P P P P P 5.2(F)(7)
Convenience Stores C P P P 5.2(F)(8)
Country Club C 5.2(F)(9)
Day Care Centers C C P P P C C 5.2(F)(10)
Entertainment/Recreation,
Indoor Commercial P P C C C none
Entertainment/Recreation,
Outdoor Commercial C C C C 5.2(F)(11)
Financial Institution P P P 5.2(F)(12)
Funeral Homes P P P 5.2(F)(13)
Hotels or Motels C P C P 5.2(F)(14)
Kennels (commercial) C 5.2(F)(15)
Landscaping / Nursery Business P 5.2(F)(16)
Personal Services C P P P 5.2(F)(17)
Recreational Vehicle Camp Site C 5.2(F)(18)
Repair Establishment C P P P P P P 5.2(F)(19)
Restaurants C P P C 5.2(F)(20)
Retail Commercial Uses (other) P P P 5.2(F)(21)
Specialty Eating Establishments C P P P none
Vehicle Fuel Sales C C C C 5.2(F)(22)
Vehicle Sales and Rental C C 5.2(F)(23)
Veterinary Facilities (Rural) C 5.2(F)(24)
Veterinary Facilities
(Neighborhood) C C C C 5.2(F)(24)
Wholesale Sales P P P P none
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requiremen
ts 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
I
3
Industrial Uses
Auto Repair – Major C P P P 5.2(G)(1)
Bulk Fuel Sales and Storage P P P 5.2(G)(2)
Extraction of Materials I I I I 5.2(G)(3)
General Warehousing C C P P P 5.2(G)(4)
Heavy Manufacturing C 5.2(G)(5)
Industrial Services C P C 5.2(G)(9)
Land Reclamation C C C C C C C C C C C C C C C C 5.2(G)(6)
Light Manufacturing C P P P P 5.2(G)(7)
Machinery/Truck Repair & Sales P P P 5.2(G)(9)
Recycling and Salvage Center C C C 5.2(G)(10)
Self Storage Facilities P C P P 5.2(G)(11)
Truck or Freight Terminal C P P P 5.2(G)(12)
Waste Disposal & Incineration C 5.2(G)(13)
Wrecker Services C P 5.2(G)(14)
Section 4.
Section 5.2 (F)(1) is hereby amended to read as follows:
(1) Adult Uses
(a) Purpose
The “Adult Uses” classification was established to provide provides for the opportunity
for operation and establishment and operation of adult-oriented land uses as defined and
regulated by this Code. The purpose of these regulations is to limit the potential for
negative secondary impacts on the neighborhood in which an adult-oriented use is to be
located. while providing controls that limit negative impacts of adult uses on residential
and commercial areas. All adult uses shall adhere to the following regulations:
(b) Analysis of Appropriateness
(i) So as to provide specific opportunity for adult uses to exist within the City of
Monticello, an analysis of the existing City ordinance text and map has been
conducted. It was determined that the I-2 zoned districts provided the most
appropriate zones to accommodate adult uses classified as principal activity. Only
amendments to the I-2 text are, therefore, proposed to accommodate adult
uses/principal. Principal adult uses are permitted only in the I-2 zoned districts.
(ii) Table 5-3 provides an initial basis for determining adult principal use opportunity
within the City of Monticello.
TABLE 5-3: AVAILABLE ACRES FOR ALLOWABLE ADULT USES
WITHIN THE CITY
Total Developable Acres [1] I-2 Zoned Acres Percent of City
2,511 137 5%
[1]: Area calculations do not include undevelopable property owned by NSP (Xcel Energy), City, Golf Club, or
School District
(iii) Table 5-4 provides an analysis of allowed opportunity for adult uses area
within the identified I-2 zoned acres.
TABLE 5-4: AVAILABLE ACRES FOR ALLOWABLE ADULT USES
WITHIN IDENTIFIED I-2 ZONED ACRES
Required Separation from
Residential and Commercial Areas
I-2 Zoned Acres outside of the
Residential and Commercial buffer Percent of City
700 feet 59 2.35% [1]
[1]: In general terms, the I-2 zoned district provides adequate potential for adult uses within the City. Adult uses
are therefore restricted to the I-2 district.
(c) (b) Restrictions on Adult Uses
With the adoption of this ordinance, the City of Monticello exercises its authority under
Minn. Stat. 617.242 Subd. 7 and declares that these regulations supercede the provisions
of Minn. Stat. 617.242. As such, adult uses as defined in this ordinance shall be subject
to the following general provisions:
(i) Activities classified as obscene as defined by Minnesota Statute 617.241 are not
permitted and are prohibited.
(ii) An adult use which does not qualify as an accessory use shall be classified as an adult
use/principal.
(iii) Adult use/principal activities shall be prohibited from locating in any building which
is also utilized for residential purposes.
(iv) Adult use/principal activities shall be located at least seven two hundred seventy five
(700) (275) radial feet, as measured in a straight line from the building upon which
the adult use/principal is located to the property line of the following:
1. Residentially zoned property;
2. Agricultural land located in the neighboring township or in the City that is
designated in the comprehensive plan for residential use;
3. A licensed day care center;
4. A public or private educational facility classified as an elementary, middle, junior
high, or senior high school;
5. A public library;
6. A public park;
7. A church;
8. Amusement places such as roller rinks, dance halls, and bowling alleys;
9. Liquor sales;
(v) Adult use/principal activities shall be located at least four hundred (400) radial feet
apart as measured from one another.
(vi) Adult use/principal activity is a separate use and no two adult use/principal activities
shall be located in the same building or upon the same property and each use shall be
subject to the above.
(vii) Adult use/principal activities shall adhere to the following signing regulations:
1. Sign messages shall be generic in nature and shall only identify the type of
business which is being conducted;
2. Sign messages shall not contain material classified as advertising;
3. Sign messages shall comply with the requirements of size and number for the
district in which they are located
(viii) Adult use/principal activities shall be prohibited in establishments where liquor is
served.
(ix) Adult use/principal activities shall be prohibited at any place or event where minors
are permitted.
(c) Adult-Oriented Uses – Accessory
(i) Adult use/accessory activities shall be allowed only as regulated in Section 5.3 (D) (4).
Section 5.
The Official Zoning Map of the City of Monticello is hereby
amended by rezoning the following described parcels from I-1,
Light Industrial to I-3, Freeway Light Industrial. The City
Clerk is hereby directed to mark the Official Zoning Map and
republish it in its entirety.
Section 6.
This Ordinance shall take effect and be in full force from and
after its passage and publication.
__________________________________
Clint Herbst, Mayor
ATTEST:
___________________________________
Jeff O’Neill, Administrator
AYES:
NAYS:
City of Monticello, Minnesota
Wright County
Ordinance No. ____
AN ORDINANCE AMENDING SECTION CHAPTER 3 AND CHAPTER 5, SECTION
3.2 (B), TABLE 3-2, OVERLAY ZONING DISTRICTS; SECTION 3.7,
OVERLAY ZONING DISRICTS; SECTION 5.1, TABLE 5-1, USES BY
DISTRICT; AND DELETING SECTION 5.2 (F)(1), ADULT USES; OF THE
MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY
PROVIDING FOR THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT
FOR THE PROVISION AND REGULATION OF ADULT-ORIENTED LAND USES,
AND AMENDMENTS TO THE OFFICIAL ZONING MAP REFLECTING THE
APPLICATION OF SUCH OVERLAY DISTRICT TO SPECIFIC PROPERTIES AS
DESIGNATED HEREIN.
The City Council of the City of Monticello hereby ordains:
Section 1.
Section 3.2 (B), Table 3-2 is hereby amended to read as follows:
TABLE 3-2: OVERLAY ZONING DISTRICTS
TABLE 3-2: OVERLAY ZONING DISTRICTS
Abbreviation District Name
FP Flood Plain District
W Wetland District
SH Shoreland District
FBS Freeway Bonus Sign District
DW Drinking Water Supply Management Area District
PB Performance Based Enhancement District
SU Special Use Overlay District
CCD-R CCD Residential Overlay District
Section 2.
Section 3.7 is hereby amended to add the following:
(J) Special Use Overlay District
(1) Restrictions on Adult Uses
With the adoption of this ordinance, the City of Monticello exercises its authority under
Minn. Stat. 617.242 Subd. 7 and declares that these regulations supercede the provisions
of Minn. Stat. 617.242. As such, adult uses as defined in this ordinance shall be subject
to the following general provisions:
(a) Adult Use – Principal activities shall be permitted only in those areas with the BOTH
required base zoning designation and the Special Use Overlay District designation.
(b) Activities classified as obscene as defined by Minnesota Statute 617.241 are not
permitted and are prohibited.
(c) An adult use which does not qualify as an accessory use shall be classified as an adult
use/principal.
(d) Adult use/principal activities shall be prohibited from locating in any building which
is also utilized for residential purposes.
(e) Adult use/principal activities shall not be located on any parcel that abuts or shares a
property line with any of the following parcels or land uses:
1. Residentially zoned property;
2. Agricultural land located in the neighboring township or in the City that is
designated in the comprehensive plan for residential use;
3. A licensed day care center;
4. A public or private educational facility classified as an elementary, middle, junior
high, or senior high school;
5. A public library;
6. A public park;
7. A church;
8. Amusement places such as roller rinks, dance halls, and bowling alleys;
9. Liquor sales;
(f) Adult use/principal activities shall be located at least four hundred (400) radial feet
apart as measured from one another.
(g) Adult use/principal activity is a separate use and no two adult use/principal activities
shall be located in the same building or upon the same property and each use shall be
subject to all of the requirements of this section.
(h) Adult use/principal activities shall adhere to the following signing regulations:
1. Sign messages shall be generic in nature and shall only identify the type of
business which is being conducted;
2. Sign messages shall not contain material classified as advertising;
3. Sign messages shall comply with the requirements of size and number for the
district in which they are located
(i) Adult use/principal activities shall be prohibited in establishments where liquor is
served.
(j) Adult use/principal activities shall be prohibited at any place or event where minors
are permitted.
(2) Adult-Oriented Uses – Accessory
(a) Adult use/accessory activities shall allowed only as regulated by Section 5.3 (D) (4).
Section 3.
Section 5.1, Table 5-1 is hereby amended to read as follows:
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
I
3
Agricultural Uses
Agriculture P P P P P P P P P P P P P P P P 5.2(B)(1)
Agricultural Sales P 5.2(B)(2)
Community Gardens P P P P P P P P P 5.2(B)(3)
Stables C 5.2(B)(4)
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P 5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C P 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential Facility,
Single Family P P P P P 5.2(C)(3)
Group Residential Facility,
Multi-family P P 5.2(C)(3)
Mobile & Manufactured Home /
Home Park C C P C C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities (public) P P P P P P P P P P P P P P P P None
Active Park Facilities (private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C P C 5.2(D)(2)
Cemeteries C C C C C C 5.2(D)(3)
Clinics C P P P C None
Essential Services P P P P P P P P P P P P P P P P None
Hospitals C P P P C 5.2(D)(4)
Nursing/Convalescent Home C C C C C C C C P P P 5.2(D)(5)
Passenger Terminal C C C C C None
Passive Parks and Open Space P P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C P C C P P P C P P P 5.2(D)(6)
Schools, K-12 C C C C P C I I I 5.2(D)(7)
Schools, Higher Education C C None
Place of Public Assembly C C C C P C 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C C 5.2(D)(9)
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
I
3
Office Uses
Offices P P P P P P P P 5.2(E)
Commercial Uses
Adult Uses P P 3.7(J)
Auction House C C 5.2(F)(2)
Auto Repair – Minor C C C P P P 5.2(F)(3)
Automotive Wash Facilities P C C 5.2(F)(4)
Bed & Breakfasts C C C C C 5.2(F)(5)
Boarding House C 5.2(F)(6)
Business Support Services P P P P P P none
Communications/Broadcasting P P P P P 5.2(F)(7)
Convenience Stores C P P P 5.2(F)(8)
Country Club C 5.2(F)(9)
Day Care Centers C C P P P C C 5.2(F)(10)
Entertainment/Recreation,
Indoor Commercial P P C C C none
Entertainment/Recreation,
Outdoor Commercial C C C C 5.2(F)(11)
Financial Institution P P P 5.2(F)(12)
Funeral Homes P P P 5.2(F)(13)
Hotels or Motels C P C P 5.2(F)(14)
Kennels (commercial) C 5.2(F)(15)
Landscaping / Nursery Business P 5.2(F)(16)
Personal Services C P P P 5.2(F)(17)
Recreational Vehicle Camp Site C 5.2(F)(18)
Repair Establishment C P P P P P P 5.2(F)(19)
Restaurants C P P C 5.2(F)(20)
Retail Commercial Uses (other) P P P 5.2(F)(21)
Specialty Eating Establishments C P P P none
Vehicle Fuel Sales C C C C 5.2(F)(22)
Vehicle Sales and Rental C C 5.2(F)(23)
Veterinary Facilities (Rural) C 5.2(F)(24)
Veterinary Facilities
(Neighborhood) C C C C 5.2(F)(24)
Wholesale Sales P P P P None
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requiremen
ts 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
I
3
Industrial Uses
Auto Repair – Major C P P P 5.2(G)(1)
Bulk Fuel Sales and Storage P P P 5.2(G)(2)
Extraction of Materials I I I I 5.2(G)(3)
General Warehousing C C P P P 5.2(G)(4)
Heavy Manufacturing C 5.2(G)(5)
Industrial Services C P C 5.2(G)(9)
Land Reclamation C C C C C C C C C C C C C C C C 5.2(G)(6)
Light Manufacturing C P P P P 5.2(G)(7)
Machinery/Truck Repair & Sales P P P 5.2(G)(9)
Recycling and Salvage Center C C C 5.2(G)(10)
Self Storage Facilities P C P P 5.2(G)(11)
Truck or Freight Terminal C P P P 5.2(G)(12)
Waste Disposal & Incineration C 5.2(G)(13)
Wrecker Services C P 5.2(G)(14)
Section 4.
Section 5.2 (F) (1) is hereby deleted and shall be marked
“Reserved”.
Section 5.
The Official Zoning Map of the City of Monticello is hereby
amended by applying the SP-U, Special Uses Overlay District to
the following described parcels. The base zoning districts of
the subject parcels shall not be affected by this Ordinance.
The City Clerk is hereby directed to mark the Official Zoning
Map and republish it in its entirety.
Section 6.
This Ordinance shall take effect and be in full force from and
after its passage and publication.
__________________________________
Clint Herbst, Mayor
ATTEST:
___________________________________
Jeff O’Neill, Administrator
AYES:
NAYS:
137.82 Acres Available
A�
236.64 Acres Available/ - -
5.07% of Buildable Land VIONNIN roNag
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98.82 Acres Available
J
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2011 Adult Land Use Study
275 Foot Buffer
from Sensitive Land Uses
Sensitive Land Uses
Freeway
Schools
Parks
Residential Parcels
Industrial Parcels
275 Ft Buffer
Parcels
City Boundary
N
Sources: MFRA, WSB, NAC, City of Monticello
and Wright County.
Map Date: March 31, 2011.
NORTHWEST ASSOCIATED. CONSVRTAMTS., IN.C.,
49 <:Y#ts 203. C4Wen Valley: MN 55422
Tx1wua,u
Sources: MFRA, WSB, NAC, City of Monticello, and Wright County.Map Date: March 31, 2011.¯2011 Adult Land Use Study Industrial Parcels Not Abutting Sensitive Land Uses
9
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Sensitive Land Uses Freeway Schools Parks Residential Parcels Industrial Parcels Parcels City BoundaryIndustrial Parcels Not Abutting Sensitive Land Uses
Planning Commission Agenda: 04/05/11
1
6. Consideration to call for a Public Hearing for the amendment of the Monticello Zoning
Ordinance, Chapter 2.4, Chapter 5.3(D) and Chapter 5.4. (AS)
A. REFERENCE AND BACKGROUND:
The amended Monticello Zoning Code is in its 6-month code tracking period, which is
intended to identify minor code language adjustments. With adoption of the new code, it
was noted that such amendments may arise as a result of the new code’s daily use and
application.
Staff is requesting that Planning Commission call for a public hearing on May 3rd, 2011
for the purpose of consideration of additional code tracking amendments.
The amendments presented by staff below clarify existing components of the code, or are
components of the previous code that need to be incorporated into the new code. These
amendments are:
1. Amendment to the Monticello Zoning Ordinance, Chapter 2.4(B)(2) for the
initiation of Zoning Ordinance Text and Map Amendments
Amendment allows the Community Development Department to initiate Zoning
Ordinance Text and Map Amendments. A 2005 ordinance amendment had allowed
this; it was not transferred to new code. Staff needs the flexibility (especially given
the recently adopted comprehensive zoning ordinance amendment) to call for
hearings for expediency.
Text of amendment:
2.4(B)(2): (c) Recommendation of the Community Development Department; or
Then re-letter (d) Action of the City Council.
2. Amendment to the Monticello Zoning Ordinance, Chapter 5.3(D) as related to
the standards for Accessory Structures in the M-H District.
Amendment replaces references to former R-4 district with “M-H” in all locations.
Text of amendment:
5.3(D)(2)(b): In the R-4 M-H district, one minor accessory building for storage
of equipment and refuse is permitted for each manufactured home provided the
accessory building can meet all required setbacks, and is designed of weather
resistancet material that will enhance the general appearance of the lot.
Planning Commission Agenda: 04/05/11
2
5.3(D)(3)(a): In all residential districts except R-4 M-H, the following shall
apply:
5.3(D)(3)(b): In the R-4 M-H district, the following shall apply:
3. Amendment to the Monticello Zoning Ordinance, Chapter 5.4 as related to the
General and Specific Standards for Temporary Uses.
The new code does not have a specific provision allowing for the outdoor sales and
display of goods not related to the principal use (outside of agricultural/horticultural
sales). The need for this seasonal permit relates to those businesses seeking to sell
fireworks, etc. It was initially thought that the City’s Transient Merchant code could
cover these uses, but the Transient Merchant provision covers only the licensing and
not land use impacts related to these types of uses.
Additionally, there is a minor change needed to accommodate construction dumpsters
outside of building permit.
Table 5-8: Allowable Duration - Amend text for Construction Dumpster.
o Allow placement for up to 90 days without building permit.
o Additional Requirements within 5.4(E)(1)(b) as is.
Table 5-8: Temporary Sale – Amend to add additional line item for Seasonal
Sales.
o Allowable Duration – 60 days per permit/120 days maximum term
o Permit Required – Yes
o Additional Requirements – 5.5(E)5
o Amend Additional Requirements based on renumbering of subsections
Section 5.4(E) Seasonal Sales
Text of amendment:
o Seasonal sales shall:
Be authorized in writing by the property owner if conducted on
property not owned by the seasonal sale operator.
Not be located within any right-of-way
Not reduce available parking areas below that which is required
by code;
Provide adequate ingress, egress and off-street parking areas; and
Be subject to the sign standards in Sections 4.
Planning Commission Agenda: 04/05/11
3
B. ALTERNATIVE ACTIONS:
1. Motion to call for a public hearing on May 3rd, 2011 for consideration of amendment
of the Monticello Zoning Ordinance, Chapter 2.4, Chapter 5.3(D) and Chapter 5.4.
2. Motion of other as directed by the Planning Commission
C. STAFF RECOMMENDATION:
Staff recommends alternative 1 above.
D. SUPPORTING DATA:
A. Excerpt, Chapter 2.4
B. Excerpt, Chapter 5.3(D)
C. Excerpt, Chapter 5.4
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (B) Zoning Ordinance Text and Zoning Map Amendments
City of Monticello Zoning Ordinance Page 21
(b) Whether the proposed amendment is consistent with the guiding principles of
the Comprehensive Plan;
(c) The extent to which the proposed amendment addresses a demonstrated
community need;
(d) Whether the proposed amendment will protect the health, safety, morals, and
general welfare of the public;
(e) The impacts on the natural and built environments, including air, water, noise,
stormwater management, wildlife habitat, water quality, vegetation, drainage,
streets, and other engineering design or environmental factors;
(f) Whether the proposed amendment is compatible with existing and proposed
uses surrounding the subject property; whether the proposed design and land
uses are appropriate for the land; and whether the proposed amendment will
maintain or improve compatibility among uses and ensure efficient
development within the City;
(g) Whether the proposed amendment will result in a logical, orderly and
predictable development pattern; and
(h) Whether the proposed amendment is consistent with the purpose of this
ordinance.
(B) Zoning Ordinance Text and Zoning Map Amendments
(1) Purpose and Scope
This section sets out the procedures to be followed in reviewing and
considering a text change to this ordinance or an amendment to the zoning map
with the exception of a map amendment to a planned unit development, which
shall be subject to the procedures in Section 2.4(P), Planned Unit
Development.
(2) Initiation of Proceedings
Proceedings for the amendment of the text of this ordinance or the zoning map
shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an owner pursuant to
Section 2.3(B), Authority to File Applications;
(b) Recommendation of the Planning Commission; or
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (B) Zoning Ordinance Text and Zoning Map Amendments
Page 22 City of Monticello Zoning Ordinance
(c) Action of the City Council.
(3) Application
(a) All applications to amend the text of this ordinance or the zoning map shall be
in accordance with Section 2.3, Common Review Procedures &
Requirements.
(b) In addition to the common review requirements, applications for changes to
the text of this ordinance or the Zoning Map shall also include the following:
(i) The name of the applicant;
(ii) A narrative explaining the requested modification and the reasons why the
changes are supported by the Comprehensive Plan;
(iii) The legal description of all real property proposed for change, if
applicable;
(iv) The existing and proposed land use and zoning designations for all
properties proposed for change, if applicable;
(v) A map of the properties to be modified to a different zoning designation,
showing the addresses and zoning designations for the subject properties
and the adjacent properties, if applicable;
(vi) The location of the proposed text to be added, amended, or deleted in this
ordinance, if applicable.
(4) Review
(a) Planning Commission
Before any amendment is adopted, the Planning Commission shall hold at
least one public hearing after proper notice has been issued in accordance
with Section 2.3(I). Following the hearing, the Planning Commission shall
adopt findings and recommendations on the proposed amendment as soon as
practical. The Community Development Department may forward an
application to the City Council without a recommendation from the Planning
Commission only if it is deemed necessary to ensure compliance with state
mandated deadlines for application review.
Section 2.3:
Common Review
Requirements
Section 2.3(I):
Public Notification
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (C) Variances
City of Monticello Zoning Ordinance Page 23
(b) City Council
The City Council may hold a public hearing on the amendment if deemed
necessary by the Community Development Department. After consideration
of the Planning Commission recommendation and/or hearing, if applicable,
the City Council may adopt the amendment or any part thereof in such form
as it deems advisable. The amendment requires the approval of four-fifths of
all the members of the City Council.
(5) Approval Criteria
Recommendations and decisions on zoning amendments shall be based on
consideration of the following 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.
(C) Variances
(1) Purpose and Scope
The Variance process is intended to provide limited relief from the strict
requirements of this ordinance in those cases where strict application of a
particular requirement will create an unnecessary hardship due to
circumstances unique to the individual property under consideration. It is not
intended that Variances be granted to allow a use not permitted by the
underlying zoning district, nor to merely remove inconveniences or financial
burdens that the requirements of this ordinance may impose on property
owners in general. Variances are intended to address extraordinary,
exceptional, or unique situations that were not caused by the applicant’s act or
omission.
(2) Initiation of Proceedings
Variances shall be initiated by an owner of property or an authorized
representative of an owner pursuant to Section 2.3(B), Authority to File
Applications.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 306 City of Monticello Zoning Ordinance
(e) Accessory dwelling units shall be positioned in one of the following locations:
(i) Within the principal structure (e.g. a lower level apartment);
(ii) Attached to the principal building;
(iii) Detached and behind the principal structure as a freestanding building or
above a detached outbuilding.
(f) Attached accessory dwelling units shall adhere to the following:
(i) The accessory dwelling unit must be attached to the principal structure
and have an operative interconnecting door with the principal structure.
(ii) Access to the unit shall only be from the side or rear yard of the principal
structure.
(g) Detached accessory dwelling units shall adhere to the following:
(i) The detached accessory dwelling unit shall be a minimum of six (6) feet
from the principal structure.
(ii) The accessory dwelling unit must be located in the same base zoning
district as the principal structure.
(h) The use of manufactured homes, travel trailers, campers, tractor trailers, or
similar vehicles as an accessory dwelling unit shall be prohibited.
(i) An accessory dwelling unit shall have a floor area of at least 300 square feet
and shall not exceed 25 percent of the floor area in the principal structure.
(j) At least one, but no more than two, off-street parking spaces shall be provided
for an accessory dwelling unit (in addition to the required off-street parking
serving the principal use).
(k) Accessory dwelling units shall not be sold apart from the principal structure.
(l) Accessory dwelling units shall not include home occupations.
(2) Accessory Building – Minor
(a) Minor accessory buildings do not require a building permit, but shall comply
with all applicable zoning regulations.
(b) In the R-4 district, one minor accessory building for storage of equipment and
refuse is permitted for each manufactured home provided the accessory
building can meet all required setbacks, and is designed of weather resistance
material that will enhance the general appearance of the lot.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 307
(3) Accessory Building – Major
(a) In all residential districts except R-4, the following shall apply:
(i) Size
1. Except by Conditional Use Permit issued pursuant to Section
5.3(D)(3)(a)(i)(2) below, no detached accessory building shall exceed
ten percent (10%) of the rear yard of the parcel on which it is located,
nor shall any combination of attached garage and detached accessory
building exceed the following maximum area, whichever is less:
a. 1,200 square feet; or
b. The gross square footage of the principal building footprint.
2. The size limitations for accessory building area listed in Section
5.3(D)(3)(a)(i)(1) above may be increased, up to a maximum square
footage of 1,500 square feet, by the issuance of a Conditional Use
permit when the following conditions are found to exist:
a. Accessory building space is to be utilized solely for the storage of
residential personal property of the occupant of the principal
dwelling, and no accessory building space is to be utilized for
commercial purposes.
b. The parcel on which the accessory building is to be located is of
sufficient size such that the building will not crowd the open
space on the lot.
c. The accessory building will not be so large as to have an adverse
effect on the architectural character or reasonable residential use
of the surrounding property.
d. The accessory buildings shall be constructed to be similar to the
principal building in architectural style and building materials.
(ii) Private Garages
1. Private garages shall be used by the family or families residing upon
the premises, except as follows:
a. One-half of the private garage spaces on the premises can be
rented to non-residents of the property for private passenger
vehicles and/or non-commercial vehicles, trailers, or equipment if
sufficient off-street parking in full compliance with this ordinance
is provided elsewhere on the property.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 308 City of Monticello Zoning Ordinance
b. All of the private garage spaces on the premises can be rented to
non-residents of the property for private passenger vehicles
and/or non-commercial vehicles, trailers, or equipment if the
available garage space does not exceed two spaces.
2. No business, service, or industry shall be carried on within a private
garage;
3. Private garages shall not be used for the storage of more than one (1)
commercial vehicle owned or operated by a resident per dwelling
unit.
(b) In the R-4 district, the following shall apply:
(i) Accessory storage buildings in manufactured home parks, if not reviewed
and approved as part of a PUD, shall be conditionally permitted subject to
the following additional requirements:
1. The storage building and any accompanying outdoor storage area
shall be for the sole use of the residents of the manufactured home
park and shall not be used by non-residents.
2. Accompanying outdoor storage areas shall be fully screened from
surrounding manufactured home units and adjacent properties.
(c) In all business and industrial districts, commercial or business buildings and
structures for a use accessory to the principal use is permitted provided that:
(i) In all districts except I-2, such use shall not exceed thirty (30) percent of
the gross floor space of the principal use.
(ii) In the I-2 district, such use shall not exceed forty (40) percent of the gross
floor space of the principal use.
(4) Adult Use/Accessory Activities provided that:
(a) Activities classified as obscene as defined by Minnesota Statute 617.241 are
not permitted and are prohibited.
(b) An adult use which does not qualify as an accessory use shall be classified as
an adult use/principal.
(c) Adult use/accessory activities shall be prohibited from locating in any
building which is also utilized for residential purposes.
MN Statute 617.241
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (A) Purpose
City of Monticello Zoning Ordinance Page 323
2. In all cases, large trash handling and recycling collection areas shall
be at least six feet from a side or rear lot line, and shall not be located
within front yards or corner side yards.
(iv) Design Materials
If a wall or detached accessory structure is used to screen or define a large
trash handling and recycling collection area, the building materials used
for the wall or accessory structure shall be compatible with the principal
structure and be readily served through swinging doors.
(v) Ground Surface Requirements
Areas intended for large trash handling and recycling collection areas
shall be surfaced with concrete that meets or exceeds minimum City
standards.
(vi) Drainage
Eating establishments and other uses that produce significant amounts of
liquid waste shall configure areas intended for large trash handling and
recycling collection areas to drain to the sanitary sewer system through
grease traps or similar devices as required by the Community
Development Department.
(31) Wind Energy Conversion System – Commercial
All commercial WECS systems shall adhere to the requirements of Section 4.12
in this ordinance.
(32) Wind Energy Conversion System – Non-commercial
(a) Non-commercial WECS systems shall have a total height of less than 200
feet.
(b) All non-commercial WECS systems shall adhere to the requirements of
Section 4.12 in this ordinance.
5.4 Temporary Uses
(A) Purpose
This section allows for the establishment of certain temporary uses of limited duration
and special events, provided that such uses comply with the standards in this subsection
and are discontinued upon the expiration of a set time period. Temporary uses and
special events shall not involve the construction or alteration of any permanent building
or structure.
Section 4.12: Wind
Energy Conversion
Systems
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (C) General Standards for Temporary Uses
Page 324 City of Monticello Zoning Ordinance
(B) Permit Required
Temporary uses and structures that require a permit shall be reviewed in accordance
with the process outlined in Section 2.4(L), Temporary Use Permits; and if a building
permit is also necessary, in accordance with Section 2.4(I), Building Permits.
(C) General Standards for Temporary Uses
Temporary uses, structures, or events shall comply with the following:
(1) Obtain the appropriate permits (as required);
(2) Not be detrimental to property or improvements in the surrounding area or to the
public health, safety, or general welfare;
(3) Be compatible with the principal uses taking place on the site;
(4) Not have substantial adverse effects or noise impacts on nearby residential
neighborhoods;
(5) Not include permanent alterations to the site;
(6) Meet all the setbacks of the underlying base and overlay zoning districts, unless
expressly stated otherwise in this ordinance.
(7) Temporary signs permitted under the Code and associated with the use or
structure shall be removed when the temporary activity ceases.
(8) Not violate the applicable conditions of approval that apply to a site or use on the
site;
(9) Not interfere with the normal operations of any permanent use located on the
property; and
(10) Contain sufficient land area to allow the temporary use, structure, or special event
to occur, as well as adequate land to accommodate the parking and traffic
movement associated with the temporary use, without disturbing environmentally
sensitive lands.
Section 2.4(L):
Temporary Use
Permits
Section 2.4(I):
Building Permits
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (D) Table of Allowed Temporary Uses and Structures
City of Monticello Zoning Ordinance Page 325
(D) Table of Allowed Temporary Uses and Structures
Table 5-8 summarizes allowed temporary uses and structures and any general or
specific standards that apply. Temporary uses or structures not listed in the table are
prohibited.
TABLE 5-8: TEMPORARY USES & STRUCTURES
Temporary Use or
Structure
Allowable Duration
(per site) Permit(s) Required Additional Requirements
Temporary Structure
Construction Dumpster
(on public ROW/property) Until issuance of certificate
of occupancy or two days
following expiration or
finaling of a building permit
Yes Sec 5.4(E)(1)(a)
Construction Dumpster
(on private property) No Sec 5.4(E)(1)(b)
Construction Trailer Until issuance of certificate
of occupancy Yes Sec 5.4(E)(2)
Recreational Vehicle Use 1 month Yes Sec 5.4(E)(3)
Real Estate Office / Model
Sales Home
Until 85% occupancy of
the phase is reached Yes + Building Permit Sec 5.4(E)(4)
Temporary Mobile Cell
Site 30 days Yes + Building Permit Sec 5.4(E)(5)
Temporary Sign 40 days per year Yes Sec 4.5(I)
Temporary Storage in a
Portable Container 30 days per year Yes Sec 5.4(E)(6)
Tents, Canopies, Tarp
Garages, and Hoop
Buildings
30 days per year Yes Sec 5.4(E)(7)
Temporary Sale
Farmer’s Market
Continuous; up to 5
months per year on a
single site
Yes Sec 5.4(E)(8)
Garage/Yard Sale
4 days per event;
3 events total per calendar
year
No Sec 5.4(E)(9)
Temporary Merchant See Title 3, Chapter 10 of City Code
Wayside Stands 3 days per week No Sec 5.4(E)(10)
Special Events
Special Events
14 days per calendar year,
per parcel unless expressly
stated otherwise
Yes Sec 5.4(E)(11)
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 326 City of Monticello Zoning Ordinance
(E) Specific Standards for Temporary Uses
(1) Construction Dumpster
(a) The placement of a temporary construction dumpster or other trash receptacle
within a public right-of-way or other site owned by the City shall be subject to
standards in the Monticello City code as may be applicable.
(b) Temporary trash receptacles or dumpsters located outside public rights-of way
are not required to obtain a temporary use permit, but shall comply with the
following standards:
(i) Be located to the side or the rear of the site, to the maximum extent
practicable;
(ii) Be located as far as possible from lots containing existing development;
(iii) Not be located within a floodplain or otherwise obstruct drainage flow;
(iv) Not be placed within five feet of a fire hydrant or within a required
landscaping area; and
(v) Be located outside of any required tree protection fencing and the dripline
of existing trees.
(2) Construction Trailer
(a) Construction trailers may be permitted on a construction site provided that the
trailer is:
(i) Approved by the Community Development Department for location,
safety, and compatibility with adjacent properties;
(ii) Located on the same site or in the same development as the related
construction;
(iii) Not located within a required landscape area; and
(iv) Associated with development for which a valid Building Permit has been
or will be issued.
(b) The applicant shall be required to restore the trailer site to its previous
condition if the trailer is located off the construction site.
(3) Recreational Vehicle Use
(a) A recreational vehicle owned by a non-resident, guest, or visitor may be
parked or occupied by the guest or visitor on private property containing a
permanent dwelling unit for a period not to exceed thirty (30) days while
visiting the resident of the property.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 327
(b) The recreation vehicle shall have self-contained sanitary facilities or standard
on-site facilities as required by the Community Development Department.
(c) The parking location of a recreational vehicle shall adhere to the requirements
of Section 4.8, Off-Street Parking.
(4) Real Estate Sales Office/Model Sales Home
One temporary real estate sales office or model sales home per builder or
developer shall be permitted in a section or phase of a new residential or
nonresidential development provided the office or model home:
(a) Is aesthetically compatible with the character of surrounding development in
terms of exterior color, predominant exterior building materials, and
landscape;
(b) Complies with the applicable standards in the approved development plan (if
applicable);
(c) Is operated by a developer or builder active in the same phase or section
where the use is located; and
(d) Is removed or the model home is converted into a permanent residential use
once 85 percent occupancy in the section or phase of the development is
reached.
(5) Temporary Mobile Cell Site
(a) A temporary mobile cell site may be erected after issuance of a building
permit in the case of equipment failure or testing, or for an interim period
(limited to 30 days) after a conditional use permit for a permanent cell site is
approved.
(b) Temporary mobile cell sites shall be removed within 72 hours following
completion of testing, the installation of the permanent tower, or resolution of
equipment failure.
(6) Temporary Storage in a Portable Shipping Container
Temporary storage in a portable shipping container shall be permitted to serve an
existing use subject to the following standards. A portable shipping container
shall not be located:
(a) On a lot without prior approval from the Community Development
Department.
Section 4.8 Off Street
Parking Regulations
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 328 City of Monticello Zoning Ordinance
(b) In a required front yard;
(c) Within ten feet of any lot line or structure;
(d) In a manner that impedes ingress, egress, or emergency access; and
(e) On an individual parcel or site for more than 30 total days over any one-year
period.
(7) Tents, Canopies, Tarp Garages, and Hoop Buildings
Tents, canopies, tarp garages, and hoop buildings or similar membrane structures
shall:
(a) Obtain a building permit from the Community Development Department;
(b) Maintain a minimum clearance of 20 feet from all other structures and tents;
(c) Not exceed more than two on a single parcel (the Community Development
Department may approve more than two as a part of a special event on a
single parcel of 20 or more acres in size);
(d) Not be erected for more than a total of 30 days in any calendar year;
(e) Be limited to a maximum of three occurrences per parcel per year;
(f) Not be placed within required landscape areas;
(g) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian
circulation; and
(h) The lot or site shall be restored to its original condition within two days of
removal of the tent, canopy, tarp garage, or hoop building.
(8) Farmer’s Market
Farmer’s markets shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural
products;
(b) Provide adequate ingress, egress, and off-street parking areas;
(c) Not reduce minimum parking areas below the minimum required for the
property under the City Code;
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 329
(d) Not be located with any right-of-way;
(e) Renew all applicable temporary use permits annually.
(f) Be subject to the sign standards in Section 4.5, Signs.
(9) Garage/Yard Sales
(a) Garage or yard sales shall:
(i) Be limited to a maximum of three per dwelling per year.
(ii) Not exceed a maximum duration of four consecutive days per sale;
(iii) Occur only between the hours of 7:00 A.M. and 9:00 P.M.;
(iv) Not place items for sale, signs or other advertising within the public right-
of-way, or impede the passage of traffic on streets in the area of the sale;
(v) Conduct vehicle parking in accordance with the standards in this
ordinance and any other applicable City requirements;
(vi) Not negatively affect neighboring properties in terms of noise, trash,
parking, or impede the flow of traffic on nearby streets;
(vii) Not permit loud or boisterous conduct on the premises; and
(viii) Not allow unsold items or other sale-related materials to remain in public
view following conclusion of the sale.
(ix) Remove all sale related signage immediately upon conclusion of the sale.
(b) The owner and/or tenant of the premises on which a sale is conducted, shall
be responsible for the maintenance of good order and decorum on the
premises during the hours of the sale.
(10) Wayside Stands
A wayside stand shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural
products;
(b) Not exceed 750 square feet in area;
(c) Not be located with any right-of-way;
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 330 City of Monticello Zoning Ordinance
(d) Be authorized in writing by the landowner if conducted on property not
owned by the operator of the wayside stand;
(e) Not operate for more than three (3) days per site in any given week;
(f) Not reduce available parking areas below that which is required by code;
(g) Provide adequate ingress, egress, and off-street parking areas; and
(h) Be subject to the sign standards in Section 4.5, Signs.
(11) Special Events
(a) Applicability
The procedures and standards of this subsection shall apply to all special
events that are planned for or which reasonably may be expected to attract
more than 100 persons at any one time (including but not limited to cultural
events, musical events, celebrations, festivals, fairs, and carnivals) held on
private property within the City, unless expressly exempted.
(b) Permit Required
All special events subject to this subsection shall have a temporary use permit
for a special event reviewed and approved or approved with conditions by the
Community Development Department in accordance with Section 2.4(L),
Temporary Use Permit, before conducting the special event.
(c) Exemptions
The following events or activities are exempt from the standards of this
subsection (i.e., may occur without a Temporary Use Permit for a special
event). Such activities are subject to all other applicable procedures and
standards of this ordinance.
(i) On Grounds of Private Residence
Special events or activities occurring within, or on the grounds of, a
private residence or on the common areas of a single-family attached,
townhouse, two- to four-family, or multi-family residential development.
(ii) Event Sponsored by City or State
Any event sponsored in whole or in part by the City or state.
Section 4.5: Signs
Section 2.4(L):
Temporary Use
Permits
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 331
(iii) Event or Activity at Site Intended for Such Event or Activity
Any organized activities conducted at sites or facilities typically intended
and used for such activities. Examples of such exempt activities include,
but are not limited to, sporting events such as golf, soccer, softball, and
baseball tournaments conducted on courses or fields intended and used for
such activities; fairs and carnivals at fairgrounds; wedding services
conducted at reception halls, or similar facilities; funeral services
conducted at funeral homes or cemeteries; religious services, wedding
services, and funeral services conducted at religious institutions.
(iv) Event Approved as Part of another Permit
Temporary special events that are expressly approved as part of another
permit shall not require separate review under this subsection.
(d) Standards
In addition to the general temporary use criteria to be reviewed with the
permit application, the following standards shall also apply:
(i) False or Material Misleading Information
The application shall be certified by the applicant as not containing
intentionally false or materially misleading information.
(ii) Unreasonable Risk
There is a finding that the special event would not create an unreasonable
risk of significant:
1. Damage to public or private property, beyond normal wear and tear;
2. Injury to persons;
3. Public or private disturbances or nuisances;
4. Unsafe impediments or distractions to, or congestion of, vehicular or
pedestrian travel;
5. Additional and impracticable or unduly burdensome police, fire, trash
removal, maintenance, or other public services demands; and
6. Other adverse effects upon the public health, safety, or welfare.
(iii) Location Cannot be Accommodated
The special event shall not be of such a nature, size, or duration that the
particular location requested cannot reasonably accommodate the event.
(iv) Time Permitted or Reserved for Other Activities
The special event shall not conflict with another permitted special event at
the same location in a manner that will negatively impact the public
health, welfare, or safety.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 332 City of Monticello Zoning Ordinance
(e) Conditions
In approving the Temporary Use Permit for the special event, the Community
Development Department is authorized to impose such conditions upon the
issuance of the permit as may be necessary to reduce or minimize any
potential adverse impacts upon other property in the area, as long as the
condition relates to a situation created or aggravated by the proposed special
event. The Community Development Department is authorized, where
appropriate, to require:
(i) Provision of temporary parking facilities, including vehicular access and
egress.
(ii) Control of nuisance factors, such as but not limited to, the prevention of
glare or direct illumination of adjacent properties, noise, vibrations,
smoke, dust, dirt, odors, gases, and heat.
(iii) Regulation of temporary buildings, structures and facilities, including
placement, height and size, location of equipment and open spaces,
including buffer areas and other yards.
(iv) Provision of sanitary and medical facilities.
(v) Provision of solid waste collection and disposal.
(vi) Provision of security and safety measures.
(vii) Use of an alternative location or date for the proposed special event.
(viii) Modification or elimination of certain proposed activities.
(ix) Regulation of operating hours and days, including limitation of the
duration of the special event to a shorter time period than that requested
or specified in this subsection.
(x) Submission of a performance guarantee to ensure that any temporary
facilities or structures used for such proposed special event will be
removed from the site within a reasonable time following the event and
that the property will be restored to its former condition.
(f) Duration of Permit
A temporary use permit for a special event authorized in accordance with this
subsection shall be limited to a maximum duration of 14 days per site per
calendar year, unless otherwise specifically authorized by the Community
Development Department.
Planning Commission Agenda: 4/511
1
7. Consideration of appointing a Transportation Advisory Committee representative.
(AS)
A. REFERENCE AND BACKGROUND:
On March 14th, 2011, the City Council established a Transportation Advisory Committee
for the purpose of assisting the City in defining transportation needs, lobbying support for
transportation projects/studies, providing public education support, developing funding
sources, and establishing transportation investment priorities.
The Transportation Advisory Committee (TAC) will be responsible for advising the City
Council and the Planning Commission on matters pertaining to the planning, operation
and improvement of our local transportation system consistent with the City’s
Comprehensive Plan, and for promoting a balanced, efficient and safe transportation
system for local residents, businesses and industry.
The City Engineer laid out the following primary responsibilities for the TAC as follows:
Assisting the Planning Commission and City Council with Transportation Plan
development and identification of improvement priorities. Analyis assistance to
include and not be limited to:
o Identification of future northwest area I-94 interchange location(s).
o Identification of second Mississippi River crossing location.
o Review of Highway 25 corridor improvements proposed for improving
traffic flow.
o Timing of Fallon Avenue Overpass and associated connecting road
improvements.
Researching potential funding sources for transportation improvements.
Lobbying support for transportation projects and studies from local businesses,
industries and residents, and from regional, state and federal politicians and
decision makers.
Providing public information and educational outreach to the community relating
to transportation improvement planning and initiatives. Conduct public hearings
and collect information for Planning Commission and City Council review.
The TAC approved with the following structure, which represents a good cross-section of
stakeholders:
Two (2) City Council representatives
One (1) Planning Commission representative
Two (2) IEDC representatives
One (1) EDA representative
One (1) resident at-large representative
Planning Commission Agenda: 4/5/11
The TAC stems from the preliminary work of the Business Retention & Expansion (BR&E)
Transportation task force. The BR & E group is now merging into the TAC. The Planning
Commission will recall that Chairman Dragsten served on the BR & E Transportation task
force. As such, it may be appropriate for Commissioner Dragsten to step in to the role as the
Commission's official representative to the new TAC.
At this time, the Planning Commission is asked to formally appoint one member to the
Transportation Advisory Committee in order to provide a critical two-way
communication link between the TAC and Planning Commission.
A group of TAC representatives met on March 22"d and determined that the group would
meet bi-monthly on Thursdays at 7:30 AM.
B. ALTERNATIVE ACTIONS:
Motion to appoint as Planning Commission
representative to the TAC.
C. STAFF RECOMMENDATION:
With the adoption of the Transportation Plan and the start of the Fallon Avenue and
Mississippi River Crossing studies, the Planning Commission will be involved in a
number of transportation planning initiatives in the near future. Representation on the
TAC is critical to assisting the Planning Commission in that role.
D. SUPPORTING DATA:
A. City Council Agenda — TAC Item, 3/14/11
2
City CouncilAgenda:3/14/11
1
10.ConsiderationofapprovingtheestablishmentofaTransportationAdvisory
CommitteeandappointingCouncilrepresentative(s)(BW,MB,JO,AS)
A.REFERENCEANDBACKGROUND:
CityCouncilisaskedtoconsiderestablishingaTransportationAdvisoryCommitteefor
thepurposeofassistingtheCityindefiningourtransportationneeds,lobbyingsupport
fortransportationprojects/studies,providingpubliceducationsupport,developing
fundingsources,andestablishingtransportationinvestmentpriorities.Thisinitiativeisa
directresultofinputprovidedbytheBusinessRetention&Expansion(BR&E)
LeadershipTeamwhichfound,throughsurveyingthebusinesscommunity,thatthe
developmentandmaintenanceofMonticello’stransportationnetworkiskeytothe
economichealthofthecommunity.
Recognizingtransportationasatoppriority,aBR&Etaskforcewasformedinorderto
stayontopofimportanttransportationinitiativestoimprovetrafficflowtoandthrough
thecity.MembersoftheBR&ETransportationtaskforcestartedworkingonthis
directiveimmediatelywiththeCityEngineerandWSB.Thegroupidentifiedthe
importanceofhavinganapprovedTransportationPlanandinitiatingsubsequentstudies
forboththeFallonAvenueOverpassandpotentialsecondMississippiRivercrossing
projects.TheirrecommendationswerebroughtforwardtotheCityCouncilwhich
resultedinkeytransportationstudiesmovingforward.
WiththerecentadoptionoftheTransportationPlanandCouncil’sauthorizationto
proceedwiththeFallonAvenueOverpassandthesecondMississippiRivercrossing
studies,theCityisinaperfectpositiontoengagethecommunityatlargetoassistusin
movingthesetransportationimprovementsalongaseffectivelyandefficientlyas
possible.
Continuingtobeproactiveintransportationimprovementshasthepotentialtoincrease
economicvitalityinmanyfacetsofthecommunity.Therefore,transitioningtheBR&E
TransportationtaskforceintoamorepermanentTransportationAdvisoryCommittee
seemsappropriateatthistime.
TheTransportationAdvisoryCommittee(TAC)wouldberesponsibleforadvisingthe
CityCouncilandthePlanningCommissiononmatterspertainingtotheplanning,
operationandimprovementofourlocaltransportationsystemconsistentwiththeCity’s
ComprehensivePlan,andforpromotingabalanced,efficientandsafetransportation
systemforlocalresidents,businessesandindustry.ATransportationAdvisory
Committeecanbeaveryeffectivemeansofkeepingstakeholdersinvolvedandinvested.
Inaddition,TACmemberswillprovideacriticaltwo-waycommunicationlinktotheir
stakeholdergroupsregardingprogressmadeonthevarioustransportationprojectsand
studies.
City CouncilAgenda:3/14/11
2
StaffenvisionstheTACwouldbeprimarilyresponsiblefor:
AssistingPlanningCommissionandCityCouncilwithTransportationPlan
developmentandidentificationofimprovementpriorities.Analyisassistanceto
includeandnotbelimitedto:
o IdentificationoffuturenorthwestareaI-94interchangelocation(s).
o IdentificationofsecondMississippiRivercrossinglocation.
o ReviewofHighway25corridorimprovementsproposedforimproving
trafficflow.
o TimingofFallonAvenueOverpassandassociatedconnectingroad
improvements.
Researchingpotentialfundingsourcesfortransportationimprovements.
Lobbyingsupportfortransportationprojectsandstudiesfromlocalbusinesses,
industriesandresidents,andfromregional,stateandfederalpoliticiansand
decisionmakers.
Providingpublicinformationandeducationaloutreachtothecommunityrelating
totransportationimprovementplanningandinitiatives.Conductpublichearings
andcollectinformationforPlanningCommissionandCityCouncilreview.
Forawell-functioninggroup,theTACshouldideallyconsistofapproximately7
members.Fordiscussionpurposes,staffproposesthefollowingmake-up,which
representsagoodcross-sectionofstakeholders:
Two(2)CityCouncilrepresentatives
One(1)PlanningCommissionrepresentative
Two(2)IEDCrepresentatives
One(1)EDArepresentative
One(1)residentat-largerepresentative
Councilshoulddirectmembershipastheyfeelbestmeetstheirintendeddirection.
TheCityEngineerwouldbetheprimarystaffliaison,withoneormoreCitystaff
includingtheCityAdministrator,CommunityDevelopmentDirector,and/orEconomic
DevelopmentDirectoralsoattendingmeetingsasneeded.Anex-officioChamber
representativemayalsoattendtoprovideacriticallinkbacktothebroaderbusiness
community.
Staffisproposingtoscheduleregularmeetingsonaquarterlybasis,withspecial
meetingstobeheldasneeded.Duetothenumerousstudiesrecentlyauthorizedbythe
CityCouncilinrelationtotheFallonAvenueOverpassandthesecondMississippiRiver
crossingprojects,itislikelythatthegroupwouldmeetmorefrequentlyonthefrontend.
Inthepast,theCityhashadsomesuccessinidentification,developmentandfundingof
importanttransportationimprovementsincluding:
City CouncilAgenda:3/14/11
3
DevelopmentofHighway25fourlaneandassociatedrealignmentofChelsea
Road
DevelopmentofnewI-94/CSAH18Interchange
InstallationofprotectedleftturnlanesonBroadway
Constructionofmajorcollectorroadsandinstallationofsignalizedintersections
ContinueddevelopmentoftheCity’stransportationsystemwouldbenefitfrom
establishmentofagroupspecificallychargedwithhelpingtheCityCouncilinthisvery
importantarea.
AtthispointintimeitisproposedthattheTACbeestablishedonarelativelyinformal
basisandnotorganizedbyordinance.However,atsomepointintime,itsexistencemay
needtobeformalizedinthesamefashionastheotherCityCommissions.Also,sincethe
TransportationPlanisanelementoftheComprehensivePlan,whichisestablished
formallythroughPlanningCommissionreview,itisimportanttonotethatthis
CommitteewouldworkinclosecoordinationwiththePlanningCommission.
ThecurrentlistofCityCommissionsandCommitteesisattachedforreference.Thislist
showsthevariousCommissionsandCommitteesandassociatedCouncilandstaff
assignmentsandtimecommitments,whichmaybeofvaluetoCouncilasthey
contemplateestablishinganewcommitteeandtheassociatedassignments.Theproposed
TACisidentifiedonthematrixandwillbeupdateddependentonCouncilaction.
A.1BudgetImpact:EstablishingaTransportationAdvisoryCommitteewouldnot
haveanappreciableimpactonthe2011budget.Transportationplanningdollars
havealreadybeenallocatedbytheCityCouncil;newdollarsrelatingtothe
Committee’sworkwouldnotbeneededatthistime.
A.2StaffImpact:Staffmembersnotedaboveasstaffliaisonswouldneedtoattend
meetingsandprovidefollow-upinformationtotheTAC,thePlanning
Commissionand/orCityCouncil.However,thestafftimespentwiththe
CommitteeandclosecoordinationwiththeCityCouncilwillultimatelyresultin
amoreefficientandbetterfocusedtransportationplanningeffort.
B.ALTERNATIVEACTIONS:
1.MotiontoestablishaTransportationAdvisoryCommitteeandtoappoint
_________________________and________________________asCouncil
representative(s)totheTAC.
2.MotiontodenyestablishingaTransportationAdvisoryCommitteeatthistime.
City CouncilAgenda:3/14/11
4
C.STAFFRECOMMENDATION:
CitystaffrecommendsapprovingAlternative#1.Asarivercrossingcityinaregionthat
hasexperiencedsignificantgrowthinthepastfiftyyears,Monticellomuststrategically
planfortransportationinfrastructureimprovementstomatchitsincreasedsizeand
locationwithintheregion.TheestablishmentofaTransportationAdvisoryCommittee
wouldlikelyhelpmakesuchimprovementsbecomearealityinareasonableamountof
time.TheTACwillalsoserveasaplatformforfutureregionalplanninginitiatives.
D.SUPPORTINGDATA:
ListofcurrentCityCommissions/Committees
MeetingSummaryofCouncil,Commission,&SubcommitteeAssignmentsandassociatedestimateoftotalmeetings
Approved2011 CityCouncilStaffLiaison =LeadStaffPersonorHighPriority
ProjectedClintTomBrianLloydGlenNoneCityFinanceAssistCommEconCityPublicHRDeputyMCCParksBuildingFirePW
andPastHerbstPerraultStumpfHilgart Posusta orAdminDirectorFinanceDevDirDevDirEngineerWorksMgr Clerk/ProjDirectorSuptOfficialChiefSecy
Varies Director Director Coord
CityCouncilandCommissionsEstablishedbyOrdinance
CityCouncil-RegularMeetings2424242424242424024242424624241224
CityCouncil-SpecialMtngs12121212121224121212121212121212
PlanningCommission141460143300318
EDA14141471471422
IEDC(IndustrialandEconDevCommittee)12121262812
ParksCommission44121244
MCCAdvisory121212111123
FiberNetAdvisoryBoard(Projected)121212102112
PoliceAdvisoryComm-RandomSchedule44424
MonticelloOrderlyAnnexationBoard66626
Library444
FireReliefAssociation11111
SubTotal1197950646664484567566483663650345614
AdvisoryCommittees-Councilmemberassigned
TransportationAdvisoryCommittee8?????466 8
MBLTransCoalition(shouldrestart2011)3336262
YMCAAdvisoryCommittee101010641010
YMCA-PassiveParkAreaCommittee62
YMCA-AthleticFieldsCommittee666
PersonnelCommittee(UnionNegotiationsTeam)141414141414
WastewaterTreatmentFacilityPlanning2222
WellHeadProtectionCommittee2233
EmergencyPlanning(Xcel)2323?
EmergencyPlanning-County223?
MCCEnergyEfficiency/BldgRehabCommittee444244
XcelPublicRelationsMeetings44422
EmbracingDowntown555555
CommunityEducationAdvisoryBoard333
Subtotal632716019280432021751191407161000
OtherCommittesorAgencies-Mostlystaff
WrightCountyMayor'sAssociation44
HospitalEducationCommittee?NoonehasbeenassignedtothisCommittee
MunicipalTelecommunicationsProvidorsGroup12 4
BeyondYellowRibbonMilitarySupportMember6
CoalitionofUtilityCities442
MACTA(MnAssocofCmntyTlcomAdvisors)1212
NationalAssociationofTelecommunAdvisors(member)11
ChamberofCommerce(Board)123312
ChamberofCommerce(GovernmentalAffairs)6366
WrightSherburneCableCommission414
GovtFinanceOfficers444
WrightCountyEconDevPrtnrship(Withdraw2011)00000
I-94WestTransportationCoalition4114114
EDAM(New)1212
BusinessRetention-Program1212
BusinessRetention-IndustryVisits121212
WrightCountyAdminstrators1212
MinnesotaParksandRecreationAssoc44
FacilitiesGroup44
SafetyCommittee454
BuildingAssociations46
Subtotal13317501005664104340448060
GrandTotal3151237164869241838261021146345244065507214
Pleasenotethatmeetingtotalsandassociatedstaffattendanceareestimated.
Planning Commission Agenda: 04/05/11
1
8. Consideration to review progress on the Monticello Parks & Trails Plan. (NAC/AS)
A. REFERENCE AND BACKGROUND:
Work continues at a brisk pace on the Monticello Parks and Trails Plan & Resource
Update. Below is a bullet point summary of progress. A verbal report will be provided
at the Planning Commission meeting
Park survey complete, results tabulated.
Preliminary survey findings and draft park plan framework presented to Parks
Commission and MCC Advisory Board.
Meeting with Monticello School District representatives set for early April.
NAC in contact with local athletic associations regarding plan
NAC will be meeting with Embracing Downtown Monticello engineering firm,
Westwood, to coordinate downtown trail and park planning efforts.
NAC will incorporate the concept sketch for the Bertram Chain of Lakes recreation
area into the draft plan.
Community meetings regarding the draft plan will be scheduled for April/May.
The City has authorized WSB to begin working on the GIS base park and trail layers,
and the development of a new online mapping interface to integrate, park, trail,
activity, history and point of interest information.
Database of parks, trails and park activities complete. Includes lengths, surfacing,
amenities and more. Provided to WSB for GIS layer and web mapping.
Database of points of interest/historic sites created. Fact sheets on each in progress
(Senior Service Program employee Carole Larsen compiling and researching).
Website application for parks/trail drafted. Parks, trail and activities tabs all complete
in draft form. URL set-up in progress.
B. ALTERNATIVE ACTIONS:
No action required.
C. STAFF RECOMMENDATION:
None.
D. SUPPORTING DATA:
2011 Park & Trail Survey Results
Planning Commission Agenda: 04/05/11
1
9. Consideration to adopt 2011 Planning Commission Goals & Objectives Workplan. (AS)
A. REFERENCE AND BACKGROUND:
As part of continued efforts to accomplish the vision set out by the 2008 Comprehensive Plan,
the Planning Commission is asked to consider adoption of a set of Goals & Objectives for
2011.
Planning Commission’s most recent workload has often been defined by two primary
responsibilities: the review of the large number of land use applications it received and the
development and implementation of the 2008 Comprehensive Plan.
Over the last five years, as development pressure decreased, work increased on completion of
the Comprehensive Plan’s “Next Steps”. The Next Steps were specifically identified in the
text of the Comprehensive Plan and were designed to guide the City in its accomplishment of
the Comprehensive Plan goals. Since 2008, this direction has led to the Planning
Commission’s guidance or involvement on the following:
Natural Resource Inventory & Assessment
Comprehensive Zoning Code Amendment
Transportation Plan
Downtown Plan (in progress)
Parks & Trails Plan (in progress)
As items directly addressed within the Comprehensive Plan, the above were obvious priorities
for the Planning Commission.
For 2011, staff has prepared a preliminary outline of goals and objectives for Commission’s
review and consideration. The outlines includes the last of the major planning documents
referenced in the Comprehensive Plan Next Steps (such as the updating of the Subdivision
Ordinance), and sets out goals that now focus implementation strategies for those planning
documents.
Planning Commission is asked to review the attached document and provide:
1. Revisions, comments, questions
2. Additional suggestions
3. Prioritization of the listed items, including feedback on realistic expectations as to
what may be accomplished in 2011 and what may need to be staged in future years.
For Planning Commission’s reference, staff has also included internal departmental goals and
objectives set for Community Development departments.
Planning Commission Agenda: 04/05/11
2
B. ALTERNATIVE ACTIONS:
1. Motion to approve the 2011 Planning Commission Goals & Objectives Workplan as
drafted.
2. Motion to approve the 2011 Planning Commission Goals & Objectives Workplan,
subject to the following modifications.
2. Motion to table for further discussion.
C. STAFF RECOMMENDATION:
City staff does not have a specific recommendation, but rather is seeking input from the
Planning Commission.
D. SUPPORTING DATA:
A. 2011 Planning Commission Goals & Objectives Workplan
B. 2008 Monticello Comprehensive Plan – Found online at www.ci.monticello.mn.us
1 | Page
MONTICELLO PLANNING COMMISSION
2011 GOALS & OBJECTIVES WORKPLAN
______________________________________________________________________________
The Monticello Planning Commission is established to advise the Mayor, Council and
Community Development Department in matters concerning planning and land use matters; to
review and make recommendations regarding the Monticello Comprehensive Plan, subdivision
and zoning ordinances and other planning rules and regulations; to establish planning rules
and regulations; and to conduct public hearings.
2011 Statement:
The pace of review related to development proposals and applications has slowed, providing
the Planning Commission with the opportunity to focus on long-term land use planning for the
community. This opportunity has resulted in the adoption of an update to the Monticello
Comprehensive Plan and the adoption of a comprehensive amendment to the Monticello
Zoning Ordinance. For 2011, the Planning Commission will continue work on projects and
recommendations which support accomplishment of the 2008 Comprehensive Plan’s vision.
Land Use
Comprehensive Plan
o Complete an Annual Review of the 2008 Comprehensive Plan as recommended
by the Plan document. COMPLETE
o Complete a Housing Report providing detailed overview of Monticello’s housing
inventory. COMPLETE
o Define a process for study and recommendations related to the “Interchange
Planning Area”. (See also Transportation Planning below)
Zoning Ordinance
o Interim Ordinances
Adopt an amendment to the Adult Use regulations of the Zoning
Ordinance consistent with State and Federal law and case law.
Monitor the impacts of the adopted Interim Ordinance for Temporary
Signage and complete year-end analysis for the purpose of provide final
Sign Ordinance amendment recommendations.
2 | Page
o Zoning Ordinance Workshops
Complete a joint Planning Commission and City Council workshop
aimed at developing a full understanding of the practical application of
the new PUD Ordinance, focusing on the collaborative components of the
new code.
Complete a Planning Commission workshop aimed at understanding the
practical application of the new Performance Zone Overlay on a
hypothetical development scenario.
o Complete DNR Overlay Amendments
Adopt an amendment to the Mississippi Wild & Scenic Overlay District
that provides consistency with State regulations.
Status Update: DNR comments have been incorporated and have
been sent back to the DNR for final approval.
Adopt an amendment to the Shoreland Overlay District that provides
consistency with State regulations and provides the Commission with
ordinances for future lakeshore development.
Status Update: DNR comments have been incorporated and have
been sent back to the DNR for final approval.
Adopt an amendment to the Floodplain Overlay District that provides
consistency with State regulations and provides the Commission with
ordinances for future lakeshore development.
Status Update: The DNR has requested a joint meeting between
Community Development, Engineering and Emergency Mgmt.
staff and DNR to review draft ordinance.
Adopt amendments to the Official Zoning Map reflecting DNR approved
ordinances for Shoreland, Mississippi Wild & Scenic and Floodplain
Overlay District ordinances.
o Code Tracking
Continue to monitor issues resulting from the adoption of the
comprehensive amendment of the Zoning Ordinance and propose
amendments as necessary.
3 | Page
Code tracking ordinance amendments already identified:
o Original Plat/Lower Monticello Standards
o Sign ordinance clarifications – APPROVED
o M-H/R-4 Revisions – In progress
Subdivision Ordinance
As directed in the 2008 Comprehensive Plan, complete a review and
amendment of the ordinance in partnership with Engineering
Department.
Complete a review and updating of City Plans & Specifications for
consistency with amended Subdivision Ordinance.
Downtown Monticello
Continue to provide input via Steering Committee and Stakeholder
forums.
Review and comment on draft documentation as it is available.
Complete a formal review and recommendation at public hearing level.
Consideration of a resolution for adoption as part of the 2008
Comprehensive Plan.
Define a process for the amendment of the CCD and CCD-R Overlay
provisions of Zoning Code consistent with Embracing Downtown Plan.
Long Term Goal: Continue to provide TIF District
Amendment/Modification recommendations consistent with
Comprehensive plan in order to achieve vision of the Embracing
Downtown plan.
Parks & Trails
Natural Resource Inventory
o Determine needed action steps resulting from the NRI/A outside the scope of
zoning ordinance amendments.
Examples: Conservation easements, restoration and management
strategies (Mississippi riverbank)
4 | Page
Park & Trail Plan
Continue to provide input via Steering Committee/ Stakeholder forums.
Review draft plan documentation as it is available.
Complete a formal review and recommendation at public hearing level.
Consideration of a resolution for adoption as part of the 2008
Comprehensive Plan, Parks.
Actively support and provide formal recommendations regarding
implementation of Park & Trail Plan goals as part of land use initiatives.
Bertram Chain of Lakes Master Planning
Review and provide formal comment on athletic complex concept
planning.
Review draft Master Plan documentation as it is available (to be included
with Park & Trail Plan above)
Complete a formal review and recommendation at public hearing level.
Consideration of a resolution for adoption as an amendment to the 2008
Comprehensive Plan, Parks.
Transportation Planning
Appoint a Commissioner to the newly formed Transportation Advisory
Committee - In progress
Review and comment on draft documentation as it is available on the
following projects.
Fallon Avenue Overpass
Mississippi River Crossing
Complete a formal review and recommendation at public hearing level on
the above projects.
Consideration of a resolution for adoption as an amendment as part of the
2008 Comprehensive Plan, Transportation.
Define a process for study and recommendations related to the
“Interchange Planning Area”.
5 | Page
COMMUNITY DEVELOPMENT - INTERNAL DEPARTMENT GOALS & OBJECTIVES
Community Development
Communications & Customer Relations
o Continue to improve overall City communications coordination
Expansion and management of website
Develop E-government solutions allowing for the ability to
access/apply/pay online.
Reinstitute online Projects in Progress tool
Institute Community Development Annual Report
Continue to build/refine City communications coordination – Facebook,
Web, Citizen Service Desk, etc.
Use FiberNet to develop local programming capabilities
Sense of Place Initiatives – Synch with Park/Trail Plan and Embracing
Downtown
Work cooperatively with Engineering Department to build internal and external GIS.
Web-based GIS launch for internal and external use
Development of Shoreland, MWSR and Floodplain layers
Integration of laser-fiche records
Develop a Student Mayor Program to foster understanding and interest in local
government by youth.
Development Process
o Update all forms and checklists consistent with revised Zoning Ordinance
o Simplify and Revise Development Guide
o Work in cooperation with the Engineering and Finance Department to review
development finance plan and assessment policy
o Support Economic Development’s Concierge Team work.
Parks & Trails
o Develop and implement river recreation opportunities – strengthening
connection between Park & Trail plan, BR & E river recreation group and
Embracing Downtown efforts
o Support continued efforts to extend and develop Monticello’s trail and pathway
system, including improved crossings
o Work with Engineering and Wright County Soil & Water to develop a plan for
public ROW along river
6 | Page
Economic Development
See EDA and IEDC workplans, attached
Department of Building Safety
Building Permit-Related
o Update handouts and permit applications
o Assist in e-permitting function launch
Code Enforcement
o Update - Storm Shelter - Kjellberg building violation follow-up
o Update - JME Noise violations
o Get Thistle under control in advance
o Conduct light patrol -- both City and private lighting.
o Identify Lawful non-conforming items -- city properties
o Inventory CUP properties for on-going tracking
Emergency Management Coordination
o Develop 4-point emergency management coordination
Engineering, Public Works, Fire, Civil Defense
Nuclear, Natural, Infrastructure, Pandemic
o Identify Disaster Relocation facility
o Non Nuclear Emergency response coordination and planning - Including
comprehensive NIMs Training
o Update Building Department Communications - Civil Defense related. Federal
Communications requirements - Narrowband
o Coordinate purchase of phones via the emergency radiological planning fund
o Develop Flood mitigation measures
INDUSTRIAL & ECONOMIC DEVELOPMENT COMMITTEE
2011 WORKPLAN
Mission Statement:
To increase the tax base and the number of liveable wage -level jobs in Monticello by promoting
industrial and economic growth and working to maintain a desirable business environment.
2011 Objectives:
The IEDC is dedicated to being pro -active in following the guidelines established in the
Monticello Comprehensive Plan. It is the intention of the IEDC to work within the areas
identified below as supporting actions and objectives;
Land Use:
a. Review Economic Development section of Comprehensive Plan
BR&E:
a. Transportation
1. Transportation Task Force?
2.1-94 Corridor Coalition
b. Concierge Team
1. Site visits
2. Site Review meetings
3. Print/web resource guide
4. Legislative tracking
S. Financing assistance
6. Clearly communicate available programs and opportunities
c. Downtown/River
1. Recreation on the river programs
2. Embracing Downtown project
d. Breakfast with Mayor/Administrator
1. Monthly appointments
Industry of the Year:
a, Annual banquet and award an Industry of the Year
Training / Leadership Courses for local Businesses:
a. Work with college to bring training/leadership classes to Monticello for local
businesses.
EDA 2011 WORK PLAN:
Purpose:
The EDA is charged with coordinating and administering the City of Monticello's economic development
and redevelopment plans and programs. The EDA is also responsible for HRA responsibilities.
Attracting Jobs:
1. Promote amenities in Monticello
Attracting New Businesses:
1. Medical and data centers
2. Use the "Book of Lists" to direct market to potential businesses
3. Market to companies in St. Cloud and CEO's in Monticello and surrounding areas
4. Host a Broker Breakfast
5. Participate in the I-94 Corridor Coalition
Job Retention:
1. Further enhance relationship with the MN Workforce Center
2. Assist in implementing a Higher Education training & education program
Expanding Tax Base:
1. Promote gap financing to help facilitate new development
2. Promote business expansion incentive program
3. Review land area options for future industrial park and initiate a master planning process
4. Develop a strategic plan for use of surplus TIF
Business Retention:
1. Promote GMEF, business expansion incentive, and other financing options to the business
community
2. Communicate on a regular and consistent basis
3. Annual Industry of the Year banquet
4. Create a "Welcome to Monticello" packet for businesses — with info on the City, business
newsletter, funding/loan options, area "groups" etc.
5. Complete a web and print resource guide in coordination with the Chamber, workforce center, and
BR&E Communications group
6. Participate on the Transportation Advisory Committee to continue to move transportation initiatives
forward to improve traffic flow in, to and through the city.
Enhancing Downtown:
1. Implement Embracing Downtown plan
2. Research redevelopment available grants
3. Continue to be aware of land that becomes available for sale for appropriate EDA purchase
4. Inventory all EDA owned residential property
5. Sell 413 4"' Street property
Facilitating Redevelopment:
1. Implement Embracing Downtown Plan
Housing & Redevelopment Authority:
1. Continue to be aware of properties for sale and determine if such properties would be a good
candidate for EDA purchase
Planning Commission Agenda: 04/05/11
1
10. Community Development Director’s Report. (AS)
City Website – Quotes, Proposals and RFPs
At the March 14th’s City Council meeting, the Council requested that staff begin posting all
bids, RFPs, and quote requests on the City website. The Council made this request in order to
help avoid problematic questions from contractors regarding notification and quote
solicitation. You can view the posting area on the City’s website in the Public Notices
section.
This posting does not replace the system currently used for requesting quotes or proposals,
and it does not replace the statutorily required publication and notification process for
official bids. This web posting area is designed only as a resource for contractors looking for
information on upcoming City projects.
All documentation (including contact info, actual proposal request, specs, images, etc) can be
posted in a listing on this page. All postings must be reviewed and approved by Department
Head prior to posting.
Staff is also working on the development of local contractor listings for the full spectrum of
City services. This list will be made accessible via internal intranet for reference when going
out for quote/proposal.
You can check out this page by Clicking on the “Public Notices” link in the “Inside City Hall”
section of www.ci.monticello.mn.us.
Interim Ordinance – Temporary Signs
The interim ordinance relating to the temporary relaxation of temp sign regulations went into
effect on March 24th. The Chamber will be sending out information on the interim ordinance
in the Chamber e-news, as will the City.
The Building Department will ensure that a temp signage tracking record is on EVERY
permit, along with the notation that permit forms need to be returned no later than January 5th,
2011 for assistance in tracking the impacts of the temporary ordinance.
Staff will work with Chamber of Commerce and local businesses to track the impact of the
ordinance and bring detailed results back for review by the Planning Commission in early
2012. Steps being taken in that regard include:
Building Dept. is working on revamping application/permit for temp signs for this time
period.
o Email addresses for primary business contact needs to be REQUIRED information
o Chamber cover letter attached
o Bullet point stipulations from the interim ordinance itself will be included. BOLD
one sign per business requirement
A separate file system for temp sign permits issued under this ordinance has been created.
Planning Commission Agenda: 04/05/11
2
o Organized by month
o Excel database containing permit information
Include all relevant info, especially PIDS and address so that we can sort
easily and:
Take pictures of individual properties and corridors at random
intervals
Create a GIS map at end of time period illustrating the locations
Email reminders will be sent out to these permitees to track dates.
City will be vigilant in enforcing permit applications for all temp signs.
Citizen Service Desk Summary for 2010
The Citizen Service Desk was created to provide a convenient option for citizens to
communicate with all City Offices and for City Staff to address concerns and questions, while
providing a traceable data collection.
The following topics received inquiries and concerns in 2010:
2010 Concern Topics
# of
Concerns 2010 Concern Topics
# of
Concerns
Animal Control 29 Inoperable/Unlicensed Vehicle 4
Ballfield Scheduling 2 MCC 18
Blight/Nuisance 65 Missed Garbage or Recycling 2
Broken Garbage or Recycling
Cart 1 Motor Vehicle Licensing 3
Brush & Branch Disposal 8 Noise 1
Building Permits 40 Other 91
Burning Permits 1 Parks and Rentals 20
Cemetery 8 Rental Permits 3
Compost Facility 5 Snowplowing 2
Delinquent Utility Bills 1 Street Lights 4
Drainage Concerns 1 Streets 13
Easement Areas 3 Utility Billings & Invoices 6
Events 9 Voting 1
Fall/Spring Leaf Pickup 2 Water Quality 2
Fiber Net 2 Water/Sewer/Garbage Account 27
General Public Works 5 Winter Parking Restrictions 1
Users have the option to originate inquiries directly to City Hall, Public Works, or DMV.
For 2010, staff can report ALL Service Desk inquiries have received responses from staff.
Changes implemented for 2011 are listed below.
1. In all instances, Reception Services replies with a generic response within an hour
of receiving inquiries or the following day if the request is received off hours. At
Planning Commission Agenda: 04/05/11
3
this time the inquiry is then forwarded to the appropriate staff.
2. Weekly, all requests and responses are recorded in a database. Requests which do
not have a recorded response from a staff person are noted. The staff person who
received the initial request is alerted.
Attached are graph summaries of inquiries for 2010.
TH 25 / CSAH 75 NE Quadrant Improvements Project Update
A preconstruction meeting for this project is being scheduled with Hardrives, Inc., the prime
contractor, for early-April. Hardrives is planning to resume construction in mid-April,
weather permitting. The contractor for Walgreen’s project will be invited to this meeting to
make sure all work being performed on each project is coordinated as best as it can be to
minimize project delays and impacts to traffic and local businesses. The construction
manager for Mn/DOT’s TH 25/CSAH 11/CR 14 intersection improvements project will also
be invited for the same reasons (Mn/DOT’s project is discussed below).
TH 25 / CSAH 11 / CR 14 Intersection Improvements Project Update
Staff was recently informed that Mn/DOT is planning to begin construction on this project on
June 6th, and that they plan to complete construction by September 2nd. Staff was also
informed that there will be a 4 to 6 week period starting some time after July 4th in which
traffic on northbound TH 25 will be channeled from two lanes into one lane south of
Broadway. This will likely cause significant traffic congestion during the evening rush hour.
Mn/DOT is planning to communicate this information to our local businesses before they
begin construction but so far they have not made it clear how they will do this. As such, City
staff is currently preparing to provide information about Mn/DOT’s project to local
businesses and residents via the City’s web site and other available media outlets.
Annual Storm Water Pollution Prevention Program Public Information Meeting
On Wednesday, April 6th, City staff will hold our annual SWPPP public information meeting
in the Mississippi Room of the Community Center starting at 6 pm. The City is required to
hold this meeting through our National Pollutant Discharge Elimination System Phase II
(NPDES II) storm water permit. The purpose of the meeting is to provide information about
our SWPPP to all interested parties and to receive public comment, which will then be
incorporated into our annual SWPPP report due to be submitted to the State by June 30, 2011.
Department of Building Safety Update
Rentals
The Department has had a heavy load of inspections over the past few weeks due to the
March 15th due date for rental inspections. Staff sent out inspection reminder postcards on
February 1st and application final reminder letters on February 15th. There was a good
response to these reminders and the inspection schedule was booked solid from mid February
Planning Commission Agenda: 04/05/11
4
through March 18th. Prior to the inspection reminder postcards, 46 rental inspections were
completed on a total of 234 dwelling units. Since the mailing, 133 rental inspections have
been completed with 558 dwelling units receiving their first inspection of 2011. Twelve of
these inspections were re-inspections of buildings totaling 113 units.
Inspections have slowed the week of March 21st (as of 3/22). The department will be sending
out one final letter for inspection reminders by the end of the month, once staff is able to
perform an audit of the rental tracking info and after other projects are completed. Staff will
also send the properties that have not applied for licensing to the attorney’s office so they can
send letters to those owners. To date, 83% of suspected rental properties have submitted rental
applications. This is a substantial increase in applications received at this same time last year.
Flood Season Has Arrived
Staff has been working together to improve our plan of action in the event of a flood. Staff has
set up an emergency preparedness site on the Monticello web site. We invite all citizens, who
call us, to visit this site to help them understand what they need to do if the river reaches the
flood stage at their property.
On March 21st staff met with the manager of River Terrace Park. We checked out the sewer
system to get a better understanding of what needs to be done to prevent any pollution of the
river. The owner has sent a letter the residents to warn them about the possible flood. Staff felt
we should be proactive and has sent another letter explaining the importance of being
prepared.
The river is at approximately seven feet below the flood level of 1997, which is close to the
100 year flood level. Staff receives a report on the level of the river daily from Xcel energy.
Because of the recent cooler weather, it appears the river will peak out sometime in the last
few days of March or in the first few days of April. We can only hope for the best but be
prepared for the worst. I for one have my canoe ready!
Building Activity
Staff has completed the inspections for the two Xcel Energy additions. The Walgreens project
has been a challenge with this cold weather but they seem to be making progress. Staff has
also issued the permit for Walmart, which is a one million dollar remodel project. It appears
they are giving the building a whole new face lift. They will be starting this project very soon.
Pizza Ranch will be opening their doors on March 28th.
We continue to issue basement finishing permits and other various permits. It looks like it
could be another good year in the commercial and industrial sectors. We do see signs of
improvement in the residential area as well.
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