Planning Commission Agenda Packet 04-02-1991AGENDA
REGULAR NESTING - MONTICELLO PLANNING COMMISSION
Tuesday, April 2, 1991 - 7:00 p.m.
Members: Dan McConnon, Richard Martie, Jon Bogart, Cindy Lemm, and
Richard Carlson
7:00 pm 1. Call to order.
7:02 pm 2. Approval of the minutes of the regular meeting held
February 5, 1991.
7:04 pm 3. Approval of the minutes of the regular meeting held
March 5, 1991.
7:06 pm 4. Consideration of adopting a resolution outlining
Planning Commission findings and conclusions
resulting from the adult land uses study= and
consideration of recommending the adoption of an
ordinance amendment regulating adult land uses.
7:26 pm 5. Public Hearing --Consideration of preliminary plat
of the service drive addition.
7:41 pm 6. Review sketch plan of Outlot A. Country Club Manor,
proposing single family residential development.
Applicant, Jim Metcalf/Brad Larson.
Additional Information Items
8:01 pm 1. A simple subdivision request to subdivide an
existing residential lot and part of another
existing residential lot into two residential lots.
Applicant, Donald and Joan Doran. Council action:
Approved as per Planning Commission recommendation.
8:03 pm 2. Continued public hearing --A conditional use request
to allow used automobile/light truck sales in a B-3
(highway business) zone. Applicant, Hoglund
Transportation/94 Services. Council action: No
action required, as the request did not come before
them.
8:05 pm 3. Continued public hearing --A variance request
allowing enlargement of a legal non -conforming
structure or use. Applicant, Hoglund
Transportation/94 Services. Council action: No
action required, as the request did not come before
them.
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Planning Commission Agenda
April 2, 1991
Page 2
8:07 pm 4.
Tabled public hearing --Consideration of an
amendment of the Monticello Zoning Ordinance,
Section 6-3, permitting accessory uses in an R-1,
R-2, R-3, and PZM zone by adding "sale of items
including automobiles, recreational vehicles,
boats, and other equipment. Items sold limited to
three items per property annually and limited to
items owned by property owner." Applicant, City of
Monticello. Council action: Tabled public
hearing. Full agreement was not reached by Council
on number of items that can be sold per year. May
be subject to change from six items per year to
three.
8:09 pm 5.
Consideration of calling a public hearing on
establishment of an ordinance regulating adult land
uses. Council action: No action required, as the
request did not come before them.
8:11 pm 6.
Set the next tentative date for the Monticello
Planning Commission meeting for May 7, 1991,
7:00 p.m.
8:13 pm 7. Adjournment.
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, March 4, 1991 - 7:00 p.m.
Members Present: Dan McConnon, Cindy Lemm, Jon Bogart
Members Absent: Richard Martie, Richard Carlson
Staff Present: Gary Anderson, Jeff O'Neill
1. The meeting was called to order by Chairperson, Dan McConnon,
at 7:07 p.m.
2. Motion was made by Cindy Lemm, seconded by Jon Bogart, to
approve the minutes of the regular meeting held January 8,
1991. Motion carried unanimously with Richard Carlson and
Richard Martie absent.
3. There was no motion on this item, as there were not enough
members present at the February S, 1991, meeting to make a
quorum.
4. Public Hearing --A simple subdivision request to subdivide an
existing residential lot and cart of another existinq
residential lot into two residential lots. Applicant, Donald
and Joan Doran.
Zoning Administrator, Gary Anderson, explained to Planning
Commission members and the public Mr. and Mrs. Doran's request
to subdivide an existing residential lot and part of another
existing residential lot into two new residential lots. The
proposed simple subdivision of this residential lot and part
of another residential lot will meet the minimum lot width of
80 feet on a public right-of-way, and it would also meet the
minimum size lot subdivision for a zero lot line duplex of
12,000 aq ft per lot site. The proposed dwelling as shown
would meet the minimum setback requirement, that being 30 feet
on the south side of the property, 20 feet on the east side of
the property, 10 feet on the west side of the property, and 30
feet on the north part of the property.
Some possible conditions that would be added to their simple
subdivision if approved would be 1) the recording of the
simple subdivision must occur within 30 days of the March 11,
1991, City Council meeting date; 2) a separate document must
be recorded indicating drainage and utility easements,
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Planning Commission Minutes - 3/5/91
that being a 12 -foot easement on the south and east part of
the lot and a 6 -foot drainage and utility easement on the
north and west part of the lot; and 3) a separate document
must be recorded stating that the City is not responsible for
the installation of an additional water line to the property
off of West 6th Street.
There being no further input from the public, Chairperson Dan
McConnon closed the public hearing and opened the meeting for
input from the Planning Commission members.
The consensus of the Planning Commission members was that the
proposed subdivision did meet the minimum requirements as far
as setback and lot square footage; and with the additional
requirements as conditions added, they saw no problem with the
applicant's request.
Therefore, a motion was made by Jon Bogart, seconded by Cindy
Lemur, to approve the simple subdivision request to subdivide
an existing residential lot and part of another existing
residential lot into two residential lots with the following
conditions
1. The recording of the subdivision must occur within
30 days of the Narch 11, 1991, City Council meeting
date.
A separate document must be recorded indicating the
drainage and utility easements, that being a 12 -
foot easement on the south and east part of the lot
and a 6 -foot drainage and utility easement on the
north and west part of the lot.
3. A separate document must be recorded stating that
the City is not responsible for the installation of
an additional water line to this property off of
West 6th Street.
Notion carried unanimously with Richard Martie and Richard
Carlson absent.
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Planning Commission Minutes - 3/5/91
5. Continued Public Hearinq--A conditional use request to allow
used automobile/liqht truck sales in a B-3 (highway business)_
zone.
AND
6. Continued Public Hearinq--A variance request allowinq
enlargement of a legal non -conforming structure or use.
Applicant, Hoglund Transportation/94 Services.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members and the public the background to Hoglund
Transportation/94 Services' conditional use and variance
requests. Mr. O'Neill explained that in his discussions with
the Hoglund's attorney, Joe Beaton, they have come to an
understanding as to where the City is coming from and the
requirement of the additional hard surfacing, curbing, and
landscaping requirements in this portion of the area to be
used as an automobile/light truck sales lot.
Chairperson Dan McConnon then opened the continued public
hoaring. Mr. Joe Beaton, attorney for Gordy and Jenny
Hoglund, explained to Planning Commission members and the
public his conversations with Jeff O'Neill, Assistant
Administrator, regarding what conditions would be required of
the Hoglunds for development of their used car/light truck
sales lot. Mr. Beaton further explained that there has been
an existing licensed dealer there since 1956 with the
international Harvester dealership and that the current
dealership now has two licenses, one for the International
trucks and one for the school bus chassis.
There being no further input from the public, Chairperson Dan
McConnon then closed the public hearing. In discussion,
Planning Commission members concurred with the proposed
agreement.
With that understanding being in principal, a motion was made
by Jon Bogart, seconded by Cindy Lemm, to recognize that the
proposed auto sales lot is merely a continuation of an
existing use and is not an enlargement of an existing non-
conforming use. Motion is based on the finding that auto
sales have been conducted from the site since 1956, which
predates the adoption of the zoning ordinance. Furthermore,
Planning Commission recognizes the development plan associated
with the use, which includes the following features:
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Planning Commission Minutes - 3/5/91
1. The enclosed principal use is a minimum of
4,500 eq ft, excluding the area used for mechanical
repair and reconditioning.
2. The outside sales and display areas are fenced or
screened from the view of neighboring residential
uses or an abutting (R) district in compliance with
Chapter 3, Section 2 [G], of this ordinance (does
not apply because residential use is actually on
the site, not abutting (K) district) .
3. All lighting shall be hooded and so directed that
the light source shall not be visible from the
public right-of-way or neighboring residences and
shall be in compliance with Chapter 3,
Section 2 [HJ, of this ordinance.
4. The outside sales and display area shall be hard
surfaced.
5. The outside sales and display area does not utilize
parking spaces which are required for conformance
with this ordinance.
6. Vehicular access points shall create a minimum of
conflict with through traffic movement and shall
comply with Chapter 3, Section 5, of this ordinance
(parking design requirements), and shall be subject
to the approval of the City Engineer (curbing must
be installed).
7. There is a minimum lot area of 22,500 eq ft and
minimum lot dimensions of 150 feet X 130 feet.
S. A drainage system subject to the approval of the
City Engineer shall be installed.
9. All signing shall be in compliance with Chapter 3,
Section 9, of this ordinance.
30. The provisions of Chapter 22 of this ordinance are
considered and satisfactorily met,
11. No more than ten cars be parked for sale at any one
point in time.
12. Four trees be planted oast of tho two garages on
the site.
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Planning Commission Minutes - 3/5/91
13. Common ownership of the property containing the
office space and the site of the sales lot will be
maintained.
14. A culvert shall be installed under the drive
leading to the Hoglund Transportation office. Said
culvert shall have a minimum diameter of 15 inches.
15. A drive area in front of the bus storage facility
shall be paved per attached site plan by
October 15, 1992.
Motion carried unanimously with Richard Martie and Richard
Carlson absent.
Tabled Public Hearing --Consideration of amendment to the
Monticello Zoning Ordinance, Section 6-3. Dermittinq accessory,
uses in an R-1, R-2, R-3, and PZM zone by addinq "sale of
items including automobiles, recreational vehicles, boats, and
other equipment. Items sold limited to three items Der
Droverty annually and limited to items owned by crooerty
owner." Applicant, Citv of Monticello.
Mr. Jeff O'Neill, Assistant Administrator, explained to
Planning Commission members and the public the proposed
ordinance amendment regulating the sale of certain types of
vehicles and recreational equipment within our residential and
PZM zones. Mr. O'Neill explained that City staff sent letters
to property owners inviting them to this public hearing for
their input on the proposed ordinance amendment. The letters
were addressed to people that at some point In time during the
calendar year 1990 had a vehicle or recreational equipment for
sale on their property in a residential or PZM zone.
Chairperson Dan McConnon then opened the public hearing.
Mr. Bob Somerville, resident on West River Street, commented
that he would like to see six vehicles as allowed, as that is
the maximum number of vehicles that are allowed to be sold by
an individual or corporation by the State of Minnesota,
Licensing Division prior to needing a dealership license.
Mr. McConnon questioned if one could sell two vehicles at one
time within the property. Another comment raised by members
of the public was that there probably needs to be some type of
regulation; but at some point in time, one might exceed the
maximum number of items to be sold.
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Planning Commission Minutes - 3/5/91
Zoning Administrator, Gary Anderson, explained that this
situation would probably be treated in the same manner as
public nuisance violators in that they would come before the
Council to ask for an extension of the number of items to be
sold within a calendar year.
Chairperson Dan McConnon then closed the public hearing.
Planning Commission members discussed the possibility of
condition it being increased from five items per site to six
items that may be advertised for sale per year, and that
item #2 state that no more than two items can be displayed at
any one time.
Motion was made by Jon Bogart, seconded by Cindy Lemm, to
approve amending the Monticello Zoning Ordinance, Section 6-3,
permitting accessory uses in an R-1, R-2, R-3, and PZM zone by
adding "allowing sale on a limited basis of items accessory to
private residential use of land including, but not limited to,
automobiles, recreational vehicles, lawn and garden equipment,
boats, and other equipment. Allowing the property as a
limited open sales lot shall conform to the following
requirements:
1. No more than a total of six items per site may be
advertised for sale per year.
2. No more than two items can be displayed for sale at
any one time.
3. Individual items may not be displayed for sale for
more than 30 days per year.
4. Items sold are limited to articles owned by the
individuals that make their primary residence as
the limited open sales site.
5. Sale of items may not be placed on a public right-
of-way.
6. One sign not exceeding 2 eq ft in area advertising
sale item is allowed without permit. Said sign
must be placed within or attached to sale item and
shall not be freestanding.
Motion carried unanimously with Richard Martie and Richard
Carlson absent.
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Planning Commission Minutes - 3/5/91
Consideration of calling a public hearing on establishment of
an ordinance amendment requlatina adult land uses.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members and the public the proposed ordinance
amendment regulating adult land uses. Mr. O'Neill went on to
explain the areas shown on an attached site plan, highlighted
in green, where proposed adult land uses could be built under
the proposed plan.
Questions centered around the rationale Mr. O'Neill used in
development of this plan and if it was in tune with what other
communities are doing. They had no problem with the proposed
ordinance amendment.
Therefore, a motion was made by Jon Bogart, seconded by Cindy
Lemm, to call for a public hearing on establishment of an
ordinance amendment regulating adult land uses, public hearing
to be conducted at the April meeting of the Planning
Commission. Based on studies conducted by other cities
regarding the impact of adult land uses, the Planning
Commission finds that there is sufficient evidence to justify
further study and it is appropriate at this time to call for
a public hearing on establishment of an ordinance amendment
regulating adult land uses. O'Neill noted that he will
complete the planning study and generate a potential
resolution outlining findings. In addition, a proposed
ordinance amendment will be presented at the public hearing.
Motion carried unanimously with Richard Martie and Richard
Carlson absent.
Additional Information Items
1. Continued public hearing --A conditional use request to allow
used automobile/light truck sales in a B-3 (highway business)
zone. Applicant, Hoglund Transportation/ 94 Services. Council
actions No action required, as the request did not come
before them.
T. Continued public hearing --A variance request to allow less
than the minimum 4,500 aq ft of sales and display area.
Applicant, Hoglund Transportation/94 Services. Council
actions No action required, as the request did not come
before them.
3. Follow up of the workshop conducted on regulation of adult
land uses and the preparation of official planning study.
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Planning Commission Minutes - 3/5/91
4. It was the consensus of the three Planning Commission members
present to set Tuesday, April 2, 1991, as the date for the
April Planning Commission meeting.
5. Motion was made by Cindy Lemm, seconded by Jon Bogart, to
adjourn the meeting. Notion carried unanimously with Richard
Martie and Richard Carlson absent. The meeting adjourned at
8:56 p.m.
THE PLANNING COMMISSION MEETING RECONVENED AT 9:14 P.M.
1. Consider recommendinq the Citv complete an industrial land use
and plan studv.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members the proposed land use and planning study as
submitted by our consulting planner, John Uban of Dahlgren,
Shardlow a Uban. The proposed plan showed a land use study of
the area around the proposed new elementary school site which
is just west of the existing middle school site in the area
across Fallon Street from the existing N a P Transport
complex. The proposed study would show different areas of
study from the existing industrial park on the east into
Chelsea Road on the land that is owned by Farm Credit
Services, extending southerly to take in the area as far out
as around the Klein farm and as far to the west up to the area
just east of the proposed Evergreens development near the east
Kjellberg Trailer Park.
There being no further input from City staff, a motion was
made by Cindy Lemm, seconded by Jon Bogart, to recommend to
the City Council that they go ahead with the complete study as
presented by consulting planner, John Uban. Notion carried
unanimously with Richard Martie and Richard Carlson absent.
Notion was made by Cindy Lemm, seconded by Jon Bogart to
adjourn the reconvened meeting. The meeting adjourned at
9:46 p.m.
Respectfully submitted,
Gary Anderson
Zoning Administrator
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Planning Commission Agenda - 4/2/91
4. Consideration of adopting a resolution outlinina Planninq
Commission findings and conclusions resulting from the adult
land uses study; and consideration of recommending the
adoption of an ordinance amendment regulating adult land uses.
(J.O.)
A. REFERENCE AND BACKGROUND:
Planning Commission is asked to review the information
outlined in the adult land uses study and determine if the
findings and conclusions are supportable and thereby provide
adequate grounds for development of an ordinance regulating
adult land uses. Planning Commission is asked to review the
findings and conclusions closely and then review the zoning
ordinance and determine if the language within the ordinance
and the need for the proposed ordinance is substantiated by
the facts as presented.
It should be noted that this ordinance is intended to regulate
new establishments that provide adult entertainment. It does
not impact video stores now existing that may devote a small
portion of their business to marketing adult oriented videos.
Such business would only be impacted by the ordinance if they
expanded their current adult oriented business.
It may be necessary to take inventory of the existing video
shops and determine the baseline or current portion of the
video business dedicated to adult entertainment. With this
information, the City will be able to determine when a video
shop is illegally expanding its nonconforming use.
B. ALTERNATIVE ACTIONS:
1. Notion adopting a resolution adopting the adult land use
study. Notion to recommend Council approval of the
proposed amendment to the zoning ordinance regulating
adult uses based on the findings and conclusions outlined
in the adult land use study.
The Planning Commission and City staff have reviewed many
of the studies completed by other cities which outline
the proven impact that adult land uses have on property
values and on the public health safety of neighborhoods
that are in close proximity to adult land uses. Under
this alternative, the Planning Commission would be
recommending approval of the adoption of this ordinance
based on the evidence presented which indicates that
adult land uses can create problems for residential and
commercial neighborhoods and that the ordinonco ao
proposed will protect commercial and residential
Planning Commission Agenda - 4/1/91
neighborhoods from the potential negative impact of adult
land uses and at the same time provide an area within the
community for adult land uses to locate.
!lotion to deny adoption of the proposed resolution and
ordinance amendment.
This alternative should be selected if the Planning
Commission does not feel that the evidence warrants
regulation of adult land uses, or this alternative can be
selected if the zoning ordinance language is not
consistent with the findings and conclusions that might
be drawn by the Planning Commission. It is important
that the need for an ordinance be substantiated by the
facts. If the Planning Commission feels that the facts
do not sufficiently substantiate the degree by which this
use is being regulated, then Planning Commission may wish
to adjust the ordinance accordingly.
C. STAFF RECOMMENDATION:
Staff recommends approval of the resolution and associated
ordinance amendment. It is our view that the Planning
Commission has sufficiently reviewed the evidence and studies
relating to the impact of adult land uses on commercial and
residential property; and the Planning Commission has, in the
study, properly applied the results of studies done by other
communities to the Monticello situation. In addition, it is
our view that the degree in which the adult land uses are
being regulated is consistent with Planning Commission
findings; therefore, the ordinance is enforceable.
Finally, this study and ordinance has been briefly reviewed by
the City Attorney. He may be making additional comments prior
to final approval. In addition, the City Planner will also be
reviewing the study and ordinance and will be submitting
comments prior to the meeting on Tuesday.
SUPPORTING DATA:
Copy of the adult land use study; Copy of sections of the
zoning ordinance to be amended.
PLANNING AND ZONING COMMISSION
CITY OF MONTICELLO, MINNESOTA
ADULT LAND USES STUDY
Whereas, on January 14, 1991, the City Council for the City of
Monticello established an interim ordinance imposing a moratorium
on adult oriented land uses on certain property located within the
city of Monticello; and,
Whereas, the Planning Commission has reviewed the staff's report on
various adult land use regulatory schemes and legal considerations
related to adult entertainment land use restrictions; and,
Whereas, the Planning Commission held a public hearing on the
matter on April 2, 1991, to consider the matter and to receive
public input on the issues; and,
Whereas, the Planning Commission has considered all of the
documentary evidence presented to it by staff through the public
hearings upon which it bases the following findings and
conclusions:
FINDINGS:
1. The community goals identified in the Comprehensive Plan
of the City of Monticello include encouraging steady,
careful growth by maintaining reasonably high standards;
to utilize the inherent advantages of the community in
terms of location, existing population, school system,
available land, etc., to gain the best possible advantage
from these assets so as to develop a reputation as a
community combining all the desirable elements for living
in Minnesota; to develop urban land uses according to a
set of uniform standards applicable to the City. Such
standards should govern land use, public improvements,
health conditions, safety features, aesthetic
considerations, and other elements of the urban
environment for purposes of safeguarding the public
health, safety, convenience, and general welfare; to
develop a sound and broad tax base for the City and the
school district in order to provide revenue for adequate
public facilities and services without creating undue
burdens upon property owners.
2. As expressed in Minnesota Statutes, Section 617.291, it
is the declared policy of this state to prevent
commercial exposure of minors to sexually provocative
written, photographic, printed, sound, or published
materials as defined therein which are deemed harmful to
minors.
ADULTSTD: 2/26/91 Page 1 D
3. Adult land uses have an impact on the neighborhoods
surrounding them which is distinct from the impact caused
by other commercial uses, this fact substantiated by
studies conducted in other cities possessing
characteristics similar to characteristics posaessed by
tha City of Monticello.
4. Residential and commercial neighborhoods located within
close proximity to adult theaters, bookstores, and other
adult land uses experience increased crime rates (sex
related crimes in particular), lowered property values,
increased transiency, and decreased stability of
ownership.
S. The adverse impacts which an adult land use has on
surrounding areas diminishes as the distance from the
adult land use increases.
6. Studies of other cities have shown that among the crimes
which tend to increase either within or in the near
vicinity of adult entertainment uses are rapes,
prostitution, child molestation, indecent exposure, and
other lewd and lascivious behavior.
7. The City of Phoenix Study confirmed that the sex crime
rate was on an average six times higher in areas with at
Least one adult entertainment use as it was within
comparable areas of their city without such adult uses.
8. Studies of other cities have shown that the values of
both commercial and residential properties either are
diminished or fail to appreciate at the rate of other
comparable properties when located in proximity to adult
entertainment uses.
9. The adverse impact of adult uses on commercial areas is
increased by the presence of more than one adult
entertainment use in close proximity to another ouch use.
10. The number and rate of real estate listings increases in
areas in which adult entertainment uses are located.
11. The Indianapolis study established that professional real
estate appraisers believe that an adult bookstore would
have a negative effect on the value of both reeidential
end commercial properties within a one to three block
area of the store.
12. Many members of the public perceive areas within which
adult entertainment uses are located as less safe than
other areae which do not have such uses.
ADULTSTDi 3/26/91 Page 7 d^
7U
13. The cities whose adult entertainment use reports have
been considered in these proceedings have strip
commercial development patterns and other commercial
neighborhood characteristics analogous to those found or
developing in the city of Monticello.
CONCLUSIONS:
1. The impacts which adult entertainment uses have on
surrounding areas should be addressed through a distinct
set of land use regulations directed specifically at such
adult entertainment uses.
2. Adult entertainment land uses should not be located in
close proximity to buildings or facilities where children
are the dominant clientele or patrons of the service,
product, or facility usage offered by such building or
facility.
3. The existing land use regulations of the City of
Monticello inadequately address the unique impacts which
adult entertainment uses have on surrounding
neighborhoods and fail to adequately foster the community
goals declared in the comprehensive plan and in state
law.
0. Adult entertainment uses should be located in areae of
the city which are not in close proximity to commercial
areas, residential areas, churches, parks, and schools.
9. Regardless of whether adult entertainment uses have
currently had an adverse impact on the areas surrounding
them in this city, the experience of other cities, as
documented in the studies considered, confirms that
regulation of adult entertainment uses is essential to
prevent future deterioration of surrounding neighborhoods
and adverse social impacts associated with such uses.
6. The concerns which have prompted public hearings in this
city are similar to the concerns which motivated the
communities of Indianapolis, Indiana; St. Paul,
Minnesota; Phoenix, Arizona; Seattle, Washington;
Rochester, and Champlin, Minnesota, to undertake their
studies of adult entertainment uses; consequently, the
results of those studies are relevant to the existing or
foreseeable impacts which such uses can have on the areas
surrounding them in this city.
7. The concentration of adult entertainment uses in
commercial areas or the location of adult entertainment
uses in close proximity to residential uses, churches,
parks, and schools will result in devaluation of property
ADULTSTD: 3/26/91 Page 3 O
values and decreases in commercial business sales,
thereby reducing tax revenues to the city and adversely
impacting the economic well-being of the citizens of this
city.
S. Location of adult entertainment uses in proximity to
residential uses, churches, parks, schools, bars, and
other adult entertainment uses very likely would lead to
increased levels of criminal activities, including
prostitution, rape, assaults, and other sex-related
crimes in the vicinity of such adult entertainment uses.
9. Regulation of adult entertainment uses is essential to
ensure that family values and youth values in the city of
Monticello are protected and provided a physical
environment in which to develop in a healthy and
wholesome manner.
10. Adult entertainment uses should be located in the heavy
Industrial (I-2) zoning district and at least 800 feet
away from of any of the following zoning districts and/or
land uses.
- Commercial zoning district (B-1 through B-3)
- Existing residential zoning district or land designated
in the comprehensive plan as a future residential
zoning district. 0
- Public or private park or recreation facility.
- Church
- Day care facility
- School property
- Any other such adult entertainment use.
PASSED AND ADOPTED BY THE PLANNING COKMISSI0N OF THE CITY OF
MONTICELLO THIS DAY OF , 1991.
Chairperson
ATTEST:
ADULTSTD: 3/76/91 pogo 4 D
ORDINANCE AMENDMENT NO. cox
IVy
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT
CHAPTERS 16, 2, AND 3 OF THE MONTICELLO ZONING ORDINANCE RELATING
TO ADULT ENTERTAINMENT LAND USES BE AMENDED AS FOLLOWSt
•r•rrrraarrrrarrrrrrrrrrrrrrrrrrrrrrrarrrrrrrrrrru arr•
CHAPTER 16 OF THE MONTICELLO ZONING ORDINANCE SHALL BE AMENDED TO
READ AS FOLLOWS:
CHAPTER 16
"I-2" HEAVY INDUSTRIAL DISTRICT
SECTION:
16-1: Purpose
16-2: Permitted Uses
16-3: Permitted Accessory Uses
16-4: Conditional Uses
16-1: PURPOSE: The purpose of the "I-2," Heavy Industrial,
District is to provide for the establishment of heavy
industrial and manufacturing development and use which,
because of the nature of the product or character of
activity, requires isolation from residential or
commercial use and to provide for adult entertainment
land uses which because of the nature of the land use,
requires isolation from residential and commercial use.
16-2t PERMITTED USES: The following are permitted uses in an
11I-2" District:
[A] Any use permitted in the "I-1," Light Industrial,
District.
[B) The manufacturing, compounding, assembly,
packaging, treatment, or storage of products or
materials including: Breweries, cement, stone
cutting, brick, glass, batteries (wet cell),
ceramic products, mill working, metal polishing and
platting, paint (pigment mfg.), vinegar works,
rubber products, plastics, meat packing, flour,
feed grain milling, milling, coal or tar asphalt
distillation, rendering works, distillation of
bones, sawmill, lime, gypsum, plaster of parse,
glue, size, cloth, and similar uses.
(C) Automobile assembly and major repair.
0
Ordinance Amendment No.
Page 2
ID] Creamery and bottling plant.
[E] Foundry.
16-3: PERMITTED ACCESSORY USES: The following are permitted
accessory uses in an "I-2" District:
[A] All permitted accessory uses allowed in an
Light Industrial, District.
16-4: CONDITIONAL USES: The following are conditional uses in
an "I-2" District: (Requires a conditional use permit
based upon procedures set forth in and regulated by
Chapter 22 of this ordinance).
[A] All conditional uses allowed in an "I-1," Light
Industrial, District.
(B) Auto wrecking, junk yard, used auto parts ( open
storage), and similar uses.
1
[C] Incineration or reduction of waste material other
than customarily incidental to a principal use.
(D] Poison, fertilizer, fuel briquettes.
[E] Kilns or other heat processes fired by means other
than electricity.
[F] Creosote plant.
(0) Acid manufacture.
(H] Storage, utilization, or manufacture of materials
or products which could decompose by detonation.
(I] Refuse and garbage disposal.
IJ] Commercial stock yards and slaughtering of animals.
[K] Crude oil, gasoline, or other liquid storage tanke.
(L] Adult entertainment establishment subject to the
following conditions:
0
Ordinance Amendment No.
Page 3
1. The parcel on which the adult entertainment
establishment is situated must be located at a
distance of at least 800 feet from of any of
the following zoning districts and/or land
uses:
Commercial zoning district (B-1 through
B-3); Existing residential zoning
district or land designated in the
comprehensive plan as a future
residential zoning district; Semi-public
uses; Church; Day care facility or any
other youth facility; School property;
Any other such adult entertainment
establishment.
rarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr•
CHAPTER 2, SECTION 2, DEFINITIONS, OF THE MONTICELLO ZONING
ORDINANCE SHALL BE MENDED TO INCLUDE THE FOLLOMING DEFINITIONS:
[T] Adult Entertainment Establishment - Adult bookstores, adult
motion picture theaters, adult mini -motion picture theaters,
adult massage parlors, adult saunas, adult companionship
establishments, adult health clubs, adult cabarets, adult
novelty business, adult motion picture arcades, adult modeling
studios, adult hotels or motels, adult body painting studios,
and other adult establishments.
1. Adult Body Painting Studio - An establishment or business
which provides the service of applying paint or other
substances whether transparent or nontransparent to or on a
the body of a patron when such body is Wholey or
partially nude in terms of specified anatomical areas. p
2. Adult Bookstore - A business engaging in the barter, h
rental, or sale of items consisting of printed matter,
pictures, slides, records, of printed matter, pictur ,
elides, records, audiotapes, or motion picture film( if
such shop is not open to the public, excluding any minor
by reason of age, or if a substantial or significant
portion of such items are distinguished or characterized
by an emphasis on the depiction or description of
specified sexual activities or specified anatomical
areae.
Ordinance Amendment No.
Page 4
Adult Cabaret - An establishment which provides dancing
or other live entertainment if such establishment exludes
minors by virtue of age or if such dancing or other live
entertainment is distinguished or characterized by an
emphasis on the performance, depiction, or description of
specified sexual activities or specified anatomical
areas.
Adult Companionship Establishment - A companionship
establishment which excludes minors by reason of age or
which provides the service of engaging in or listening to
conversation, talk, or discussion between an employee of
the establishment and a customer if such service is
distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical
areas.
Adult Entertainment Establishment - A business engaged in
any of the following business procedures or practices,
either:
any business which is conducted exclusively for the
patronage of adults and as to which minors are
specifically excluded from patronage there either
by law or by the operators of such business.
any other business which offers its patrons
services or entertainment characterized by an
emphasis on matter depicting, exposing, describing,
discussing, or relating to specified sexual
activities or specified anatomical areas.
Adult Hotel or Hotel - A hotel or motel from which minors
are specifically excluded from patronage and wherein
material is presented which is distinguished or
characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or
specified anatomical areas.
Adult Massage Parlor, Health Club - A message parlor or
health club which restricts minors by reason of age and
which provides the services of message it such service is
distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical
areas.
9
Ordinance Amendment No.
Page 5
8. Adult Mini -Motion Picture Theater - A business premises
within an enclosed building with a capacity for less than
50 persons used for presenting visual media material if
such business as a prevailing practice excludes minors by
virtue of age, or if said material is distinguished or
characterized by an emphasis on the depiction or
description of specified sexual activitioa or specified
anatomical areas for observation by patrons therein.
9. Adult Modeling Studio - An establishment whose major
business is the provision, to customers, of figure models
who are so provided with the intent of providing sexual
stimulation or sexual gratification to such customers and
who engage in specified sexual activities or display
specified anatomical areas while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed,
or otherwise depicted by such customers.
30. Adult Motion Picture Arcade - Any place to which the
public is permitted or invited wherein coin or slug-
oporated or electronically, electrically, or mechanically
controlled still or motor picture machines, projectors,
or other image -producing devices are maintained to show
images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished
or characterized by and emphasis on depicting or
describing specified sexual activities or specified
anatomical areas.
11. Adult Motion Picture Theaters - A business premises
within an enclosed building with a capacity of 50 or more
persons used for presenting visual media material if said
business as a prevailing practice excludes minors by
virtue of age, or if said material is distinguished or
characterized by an emphasis on the depiction or
description of specified sexual activities or specified
anatomical areas for observation by patrons therein.
12. Adult Sauna - A business which excludes minors by reason
of age or which provides a steam bath or heated bathing
room used for the purpose of bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning,
relaxing, or reducing agent, if the service provided by
the sauna is distinguished or characterized by an
emphasis on specified sexual activities or specified
anatomical areas.
13. Specified Anatomical Areae - Anatomical areae consisting
of3
(9
Ordinance Amendment No.
Page 6
a. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female
breast(s) below the point immediately above the top
of the areola and,
b. Human male genitals in a discernably turgid state,
even if completely and opaquely covered.
14. Specified Sexual Activities - Activities consisting of
the following:
a. Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral -anal copulation,
bestiality, direct physical stimulation or
unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of
excretory functions in the context of a sexual
relationship, and any of the following sexually
oriented acts of conduct: anilingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
b. Clearly depicted human genitals in the state of
sexual stimulation, arousal, or tumescence; or
C. Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
d. Fondling or touching of nude human genitals, public
region, buttocks, or female breast; or
e. Situation involving a person or persons, any of
whom are nude, clad in undergarments or in sexually
revealing costumes, and who are engaged in
activities involving the flagellation, torture,
fettering, binding, or other physical restraint or
any such persons; or
f. Erotic or lewd touching, fondling, or other
sexually -oriented contact with an animal by a human
being; or
g. Human excretion, urination, menstruation, vaginal
or anal irrigation.
0
Ordinance Amendment No.
Page 7
ADDED DEFINITIONS
School - A public school defined in Minnesota Statutes, Section
120.09, or a nonpublic school as defined in Minnesota Statutes,
Section 123.932.
Semi -Public Uses - Uses owned by private or private non-profit
organizations which are open to some but not all of the public such
as: denominational cemeteries, private schools, clubs, lodges,
recreational facilities, churches, etc.
Youth Facility - A public playground, public swimming pool, public
library, or licensed day care facility.
•arasaaaaaraaaaaarrarraaaarrrrrraa••rrarrrarrrarrarara•
CHAPTER 3, SECTION 9 [B] 2, PROHIBITED SIGNS, SHALL BE AMENDED TO
INCLUDE THE FOLLOMING:
3-9: SIGNS:
[BJ PERMITTED AND PROHIBITED SIGNS:
2. PROHIBITED SIGNS: The following signs are
specifically prohibited by this paragraph.
(1) Any sign which advertises a lawful
nonconforming adult entertainment land
use not in existence prior to the
adoption of this ordinance.
••rrrrrrarrarraaaarrrrraraarrrrarrarraaaraarararaaaarr•
CHAPTER 3, GENERAL PROVISIONS, SHALL BE AMENDED TO INCLUDE THE
FOLLOWING SECTION:
3-10: PROXIMITY OF CERTAIN LAND USES TO AN EXISTING ADULT LAND
USE: In all districts, land use identified in
Section 16-6 [L] must be located at a distance of at least 800 feet
from existing adult entertainment establishment.
Adopted by the Monticello City Council this day
of , 1991.
Mayor
City Administrator D
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Planning Commission Agenda - 4/2/91
s. Public Rearing --Consideration of preliminary plat of the
service drive addition. (J.O.)
A. REFERENCE AND BACKGROUND:
At this time, City staff requests that the Planning Commission
continue the public hearing, as the service drive addition is
not ready for approval at this time. This item will likely be
placed on the May 7 Planning Commission meeting agenda.
Planning Commission Agenda - 4/2/91
6. Review sketch plan of Outlot At Country Club Manor, proposinq
single family residential development. (J.O.)
A. REFERENCE AND BACKGROUND:
West Prairie Partnership seeks input from the Planning
Commission regarding a proposal for development of a
residential subdivision at Outlot A, Country Club Manor.
Before describing the site plan and the issues associated with
it in detail, I would like to outline some of the serious tax
delinquency problems relating to this site.
Outlet A of Country Club Manor was platted in the late 1970's
and was originally intended to become a commercial development
site. Country Club Drive, which has since been renamed to 7th
Street, was installed in 1978 along with sewer and water
utilities. A public improvement expense of $280,000 was then
assessed against Outlet A.
Commercial development did not occur as hoped, and the
property was then rezoned to R-3, high density residential,
use. A preliminary plat was prepared showing a high density
townhome development at the site which would create 125 units.
This project never got off the ground, and the owner, Marvin
George, essentially then turned his back on the property and
has not paid on any of the assessments since the project was
completed. To make matters worse, Marvin George mined
material from the site and in doing so may have significantly
reduced the value of this land as a development site. Fill
material may need to be brought back to the site in order to
fully develop it. In addition, there are four billboards on
the property, the revenue from which Is paid to Marvin George.
Obviously, there is an injustice here with Marvin George
collecting significant billboard revenue while not paying dime
one on any of the taxes and assessments.
Some time ago, the City began action to foreclose on the
property utilizing the tax delinquency foreclosure process.
At about the same time, George deeded the property to Meet
Prairie Partnership. West Prairie Partnership is now making
an effort to work with the City toward salvaging this
property, which at this time has levied against it an
assessment, including principal, Interest, and penalties, of
$550,000. Obviously, the City has a vested interest in
getting this property on the tax rolls and used in a
productive manner.
Following is a review of the sketch plan submitted by West
Prairie Partnership along with a recommendation for future
action. The plan presented by West Prairie Partnership calls
for development of 26 lots that would be placed side by side
Planning Commission Agenda - 4/2/91
along 7th Street. The type of housing proposed would be
primarily financed through FHA, which would limit home values
to $70,000 or less. The sketch plan proposes the development
of two outlots between the freeway and the 26 residential lots
abutting 7th Street. These outlots would remain under the
ownership of the West Prairie Partnership. Platting of these
outlots separately allows the sign revenue to continue to go
to the West Prairie Partnership.
Following are some concerns that staff has regarding this
sketch plan:
1. 7th Street is intended to be a major arterial road
or loop street, which will some day run the length
of the community on both sides of the freeway.
This road is over -sized and is intended to handle a
significant level of traffic at some point in the
future. Staff is concerned that creating 26
driveways on this major thoroughfare will, in the
future, create significant problems.
2. Outlot A is served by 11 sewer stubs. The sketch
plan as proposed would require installation of at
least 14 additional service ties, each requiring
excavation of the roadway and repair. Each service
connection, including repair of a roadway, will
cost about $3,500; and 14 such service ties will
result in reduced driveability and a likely
reduction in the life span of 7th Street.
3. A significant amount of soil has been excavated at
the southeast corner of the site. The excavation
occurred in the approximate location where a
holding pond is necessary. The sketch plan
presented does not provide for a holding pond.
4. Parcels 1-26 will have a depth of 150 feet, which
will leave a significant amount of land "locked"
between the freeway and the residential properties.
Staff is concerned that this area may become a
dumping ground which would not present a very good
image of the city to I-94 travelers.
S. The nearby Country Club Manor development does have
a neighborhood park; however, this park is almost
completely surrounded by residential lots, and
there is no direct access to the park from
Outlot A. It appears that a park should be
developed somewhere on Outlot A in conjunction with
residential development of this site.
Planning Commission Agenda - 4/2/91
6. There is no provision shown on the sketch plan for
development of a berm which would be necessary to
reduce the transmission of noise from the freeway
to the residences.
7. The proposal to create outlots on which the
billboards are placed provides the developers with
a method for bypassing the existing ordinance
governing billboards, which essentially requires
that the billboards be removed when the vacant land
u eed for billboards is developed. If this sketch
plan concept is approved, then it sets a precedent
Which would allow every property owner that wants
to develop a billboard site to continue to gain the
u ae of the site for billboards by simply splitting
o !f the development site into a new lot.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the concepts behind the development of
the property as outlined in the sketch plan submitted.
Under this option, the Planning Commission would provide
West Prairie Partnership with the information they need
to move ahead with development of a preliminary plat.
2. Notion to deny approval of the sketch plan as submitted
and provide direction for further site planning, which
should include the following components
1 . The subdivision design should minimize traffic
access points to 7th Street with no individual
driveways having access to 7th Street.
2. The preliminary plat should provide for a
satisfactory holding pond or storm drainage
area.
3. The plan should utilize existing service ties
where possible.
4 . Residential development must include provision
of a park area.
5. Noise abatement strategies, including berming
and special residential structural design,
should be employed.
6
Planning Commission Agenda - 4/2/91
6. It is recognized that due to constraints
unique to this parcel, a planned unit
development concept may need to be employed in
order to accomplish 1-5 above.
Under this alternative, Planning Commission would
recognize the need to movo ahead and develop the site but
at the same time would be providing some basic
requirements that should be met that would ensure that
the development occurs in a manner that is in the best
Interest of the city at largo and also designed in a
manner that will result in the long-term stability of
land values.
C. STAFF RECOMMENDATION:
Staff recognizes that from a purely short-term economic
standpoint, the plan presented by West Prairie Partnership may
make sense. At the same time, however, it may not make sense
to move quickly to develop the property in the manner as
proposed without careful consideration of the consequences.
It is our view that the components of the site plan as
outlined under alternative i2 are necessary and should be met
If this property is to develop as the site of single family or
townhome residential sites.
Due to the configuration of the site, it may be necessary to
utilize a planned unit development concept. Under this
alternative, it would be possible for lot sizes to be reduced
In exchange for additional green space or park areas
consolidated somewhere else on the site.
D. SUPPORTING DATA:
Copy of sketch plan; Report from John Uban reviewing Outlot A
of Country Club Manor; Letter to John Uban requesting his
review of Outlot A, Country Club Manor.
W.Ifwt C•ee ry Mlfl..•Y Ne 19 .
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MEMORANDUM
DATE:
21 March 1991
TO:
Planning Commission, City of Monticello
FROM:
JnhnIThan
RE:
Review of Outlot A of Country Aub Manor
Country Club Road was developed as part of a continuation of a frontage road system
between Highway 25 and Golf Course Road. The portion between Highway 25 and
Minnesota Street has been completed with the extension of Seventh Street past K -Mart
In the past, the entire stretch of land along the interstate has been zoned &3 and.
more recently. Outlot A of the Country Club subdivision was rezoned R-3.
The strategy of connecting frontage roads along the interstate with crossover bridges
facilitates more intense development along the interstate system and completes traffic
circulation that is severed by the limited access nature of the interstate.
The depth of the land between County Club Road and the 1.94 ROW varies between 300
and 400 feet on the average. This is an extreme depth for single-family lots, as
illustrated in a sketch showing the proposed 26 lots. A significant amount of the area
against the interstate is left unusable in some outlot configuration which will more than
likely be tax forfeited back to the City. This land can only be utilized as open space.
This land does not meet any of the criteria for the City's park and open space plan.
The configuration of the land with its 300 -foot or more depths is more appropriate for
multiple -family, townhouses, and apartments, or for certain commercial uses. We would
not expect the entire interstate frontage to go to a commercial use, unless there is a
future interchange at Golf Course Road with the interstate. This has not been proposed
in the past, but would be necessary to draw commercial all the way along the
interstate. As the interchange with Highway 25 continues to become busier and busier,
an alternate interchange in ight be considered in the western Monticello area.
Single-family development to Outlot A would hinder future implementation of such a
plan.
D
Review of Oatlot A of Country Club Manor Page 2
Placing single-family homes along the interstate is not good development practice.
Traffic noise and the general lack of buffering in this area would only promote a
single-family housing pattern that would initially be of a lower value than others in the
neighborhood and would possibly depreciate in value more quickly. Usually it is not
wise to plan for a diminishing tax base by placing certain land uses in jeopardy of the
significant impacts of the adjacent use.
Since the single-family proposal is inefficient land use and does not support the
assessments for the street and utility improvements. Apartments and townhouses are
better suited in this area where the typical users remain indoors and structures are
designed to minimize the effect of interstate noise. Also, the multiple -family solution
will provide the necessary development to pay the assessments and generate a higher tax
base. An alternative is available as a combination of the two using unail lot detached
townhouse in clusters of approximately 300 feet deep. This type of developmcnt has
been successfully built in many other communities in the metropolitan area and could
have some potential in Monticello. Ona again, an edge of buffering needs to be
included in such development and homes built to FAA standards addressing noise
concerns.
The southernmost portion of Outlot A should actually be combined with the property to
the south along Elm Street. The irregularly platted lots would combine to make a
larger assemblage of property with much more development flexibility. In summary, the
single-family development on Outlot A is inefficient and underutilizes the property. The
City should not have to subsidized the land owner in this fashion by forgiving
assessments toward a single-family development.
0
150 East Broadway
P. O. Box 1147
Monticello, MN
55362-9245
Phone: (612) 295-2711
Metro: (612) 333.5739
Fax: (612) 295-4404
Mr. John Uban
Dahlgren, shardlow 6 Lfban
300 First Avenue North
Suite 210
Minneapolis, MN 55401
Dear Mr. Uban:
The City of Monticello seeks your assistance in determining the highest
and best land use for Outlot A of Country Club Manor. The establishment
of what is "the highest and the best" use of the land is complicated by
the fact that the property carries with it a very large tax and
assessment delinquency. I need your help responding to the owners of the
property who have proposed to develop 26 single family residential lots
rather than 104 townhomes originally proposed. Enclosed is a sketch plan
of a proposed single family lot configuration.
Oudot A was developed in the early 80's and was intended to become the
site of a medium to high density townhome/multi-family unit development.
The original concept plan called for providing access to the site by
extending four cul-de—sacs off of Country Club Road. As you can see on
the sketch plan, the site is served by 11 six-inch water mains.
Unfortunately, the original concept plan was never executed; and what is
worse, not a single assessment payment has been made. The original
assessment amount equaled $280,000. With interest and penalties, the
current delinquency amount is $550,000. The City is now engaging in a
tax forfeiture process that would bypass the county process.
Please respond to the following questions and make other comments that
you feel would assist the City.
L%]
Mr. John Uban
February 28, 1991
Page 2
1. Do you believe that the original concept might be viable?
Should the City consider acquiring the property and then sell
it to a developer willing to utilize the land for multi-
family/townhome housing development?
2. At one time the property was zoned for commercial development.
Does it make any sense at all to abandon residential use of
the property and rezone the property for commercial use? How
long do you think it would take for this property to develop
under a commercial zoning designation?
3. Please outline problems that you see with the proposed
residential plat design.
Achieving the best use of this property presents an interesting dilemma.
The dilemma includes both financial considerations and land use
components. The City can cut losses by allowing the development of
single family lots. Under this scenerio, the City would likely be able
to obtain about $5,000 per lot, which would result in recovery of about
one-half of the original principal amount of the assessment. In the long
run, however, the taxes received from property developed in this fashion
will be far less than if the property is allowed to develop under a
higher density. In addition, it may not make sense to develop single
family residential sites at this location given traffic and land use
considerations.
Please call to discuss the problem in more detail.
Yours truly,
CITY OF ISONTICELLO
Jeff O'Neill
Assistant Administrator
JO/kd
cc: Rick Nolfsteller, City Administrator
'John Simola, Public Works Director
Fila
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