The URL can be used to link to this page

Planning Commission Agenda 03-06-2018AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 611, 2018 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. General Business A. Call to Order B. Consideration of approving minutes a. Regular Meeting Minutes — February 6th, 2018 C. Citizen Comments D. Consideration of adding items to the agenda 2. Public Hearings A. Public Hearing — Consideration of a request to amend the Monticello Zoning Ordinance Chapter 2, Section 4 Specific Review Procedures & Requirements, Chapter 4, Section 11 Building Materials, and Chapter 5, Section 3 Accessory Use Standards Applicant: City of Monticello 3. Regular Agenda A. Consideration of a Report on Purchase Agreement for 103 Pine Street for Consistency with the City of Monticello Comprehensive Plan B. Consideration of a Report on Purchase Agreement for 112 West River Street for Consistency with the City of Monticello Comprehensive Plan C. Consideration of an Update and Reference on Floodplain Ordinance D. Consideration of the Community Development Directors Report 4. Added Items 5. Adjournment MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, February 611, 2018 - 5:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. General Business A. Call to Order Brad Fyle called the regular meeting of the Planning Commission at 5:00 P.M. B. Consideration of approving minutes a. Regular Meeting Minutes — January 2nd, 2018 SAM MURDOFF MOVED TO APPROVE THE JANUARY 2ND, 2018 MINUTES. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. C. Citizen Comments None. D. Consideration of adding items to the agenda None. 2. Public Hearings A. Public Hearing — Consideration of a request for Preliminary and Final Plat for Otter Creek Crossing 6th Addition Applicant: John Chadwick Farms, LLC. Steve Grittman described a proposed plat for Otter Creek Crossing 6th Addition. The area is currently designated as an outlot. Four individual parcels were proposed. The current zoning of the parcel is IBC (Industrial and Business Campus) District. At this time no proposed development plans have been received. The land to the east is zoned B-3 (Highway Business) District, which raises an issue on zoning industrial adjacent to commercial. Staff proposed having Lot 1, Block 1 (identified in the plans) be changed to an outlot. This parcel would not be able to be developed unless it was replatted and combined with the adjoining property. The applicant previously agreed to this proposal. Grittman further explained that if left as a lot, it would not be eligible for access due to the location of the adjacent intersection. Grittman explained that staff recommended approval of the application with conditions. Grittman added a condition in Exhibit Z that the applicant would enter into a development agreement at the time of final approval by the City Council. Brad Fyle opened the public hearing and invited the representative of the proposal to the podium. Wayne Elam, Commercial Realty Solutions, introduced himself. Elam explained that the idea of the outlot is to replat it with the parcel to the east. Brad Fyle asked if Elam had any concerns with having a development agreement in place. Elam agreed to having a development agreement in place, but mentioned for the Planning Commission to be aware that no development would occur and that the lots would be sold to a builder for development. Grittman explained that it would be a relatively simple development agreement as no new improvements would be made in the subdivision. Grittman said that it was standard process for new subdivisions to have development agreements. Hearing no further comments, the public hearing was closed. Charlotte Gabler asked if MnDOT needed to review the application. Angela Schumann stated that the property borders a county and state road. Wright County and MnDOT have reviewed the application. A letter from MnDOT would be included in the City Council report on February 26tH SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC -2018-002, RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR OTTER CREEK 6TH ADDITION, SUBJECT TO THE CONDITIONS NOTED IN EXHIBIT Z (INCLUDING REDESIGNATION OF THE 1.14 ACRE PARCEL AS AN OUTLOT) AND THE EXECUTION OF A DEVELOPMENT AGREEMENT, AND BASED ON THE FINDINGS THEREIN. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. EXHIBIT Z Conditions of Approval for: Preliminary Plat for Otter Creek Crossing 6th Addition Outlot C, and portion of Outlot D, Otter Creek Crossing 5th Addition 1. Lot 1, Block 1 should be redesignated as Outlot A, with the other parcels denoted Lots 1-3. No construction, use, or direct access to Outlot A, Otter Creek Crossing 6th Addition will be allowed from Chelsea Road until the outlot is replatted and combined with property on either side. 2. Acknowledgment of the requirement for pedestrian improvements along the street frontage as each lot is development, pursuant to the applicable pedestrian plans and policies in place. 3. Execution of a development agreement at time of final approval. 4. Recommendations of other staff, including the City Engineer. 2 3. Regular Agenda A. Consideration of a Report on Purchase Agreement for 224 4th Street East for Consistency with the City of Monticello Comprehensive Plan Angela Schumann stated that the Economic Development Authority (EDA) approved the purchase agreement for a property located at 224 41h Street East. Schumann said that the Planning Commission was not being asked to approve the purchase, but rather identify if it was consistent with the City of Monticello's Comprehensive Plan. Schumann explained that the EDA also has the powers of the Housing and Redevelopment Authority (HRA). One of the goals of the HRA was to provide a full range of lifecycle housing opportunities. This vacant property is adjacent to a City right-of-way. The thought was to hold the property and work with a developer on creating an infill housing project. Charlotte Gabler asked what type of development could occur on the parcel. Schumann responded that R-2 and R-3 uses would be acceptable. Townhouses and development with four units or above would need to come back to the Planning Commission for recommendation to the City Council. Marc Simpson asked if the parcel could be subdivided. Schumann stated that the EDA's intent would likely be to maximize development potential and pair it with the Palm Street right-of-way to include a more dense land use project. Sam Murdoff asked for clarification on neighboring businesses. Schumann explained the neighboring businesses and noted that single family also is adjacent to the parcel. Staff recommended approval. SAM MURDOFF MOVED TO ADOPT RESOLUTION PC -2018-003 FINDING THAT THE PROPOSED ACQUISITION OF CERTAIN LAND AT 224 4TH STREET EAST BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF MONTICELLO COMPREHENSIVE PLAN FOR "RESIDENTIAL" USES. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5.0. B. Consideration of a Report on Purchase Agreement for 255 East Broadway for Consistency with the City of Monticello Comprehensive Plan Angela Schumann stated that this item was similar to 3A; to ensure that the purchase of the property was consistent with the comprehensive plan. Schumann stated that the property has been vacant, but contains a single family home and is adjacent to two parcels that the EDA currently owns. At present, the parcel is located in the Central Community District (CCD). The EDA does not have a firm development plan for the parcel. Staff expected to see a mix of uses on the property. The intent is for the EDA to combine the lot with the lots to the west for a larger development potential. Staff recommended approval. Brad Fyle asked if the EDA approved the purchase. Schumann stated that they have not made the purchase, but have approved the purchase agreement. SAM MURDOFF MOVED TO ADOPT RESOLUTION PC -2018-004 FINDING THAT THE PROPOSED ACQUISITON OF CERTAIN LAND AT 255 EAST BROADWAY BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHROITY IS CONSISTENT WITH THE CITY OF MONTICELLO COMPREHENSIVE PLAN FOR THE DOWNTOWN AREA. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. C. Consideration of an Update and Reference on Floodplain Ordinance Angela Schumann provided an introduction to the floodplain ordinance. Schumann stated that the Federal Emergency Management Agency is updating the flood insurance rate maps for Wright County. She said that Monticello has received preliminary flood insurance rate maps. Schumann explained that the City will be required to update its floodplain ordinance that regulate uses and standards in floodplains. A draft ordinance was provided in the agenda packet. At the March Planning Commission meeting, Katy Thompson from WSB and Associates would be present to answer more detailed questions that the board may have. Brad Fyle asked if there would be any adverse problems with parcels with structures in the floodplain. Schumann responded there was language in the ordinance that relates to existing non -conforming structures. She added that in a limited number of cases the floodplain areas have increased, but some properties have also decreased. Fyle asked if property owners would be required to have floodplain insurance if located in the floodplain. Schumann explained that there a variety of circumstances that require property owners to carry flood insurance. She added that it's the City's responsibility to help property owners understand where to find information on how their property is impacted by floodplain. D. Consideration of Update on Capital Improvement Plan (TABLED SAM MURDOFF MOVED TO TABLE ACTION ON CONSIDERATION OF UPDATE ON CAPITAL IMPROVEMENT PLAN. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 5-0. E. Consideration of the Community Development Directors Report Angela Schumann stated that the Planning Commission's session on land use basics would be held on March 6th. 2 4. Added Items None. 5. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 5:32 P.M. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander Approved: March 6th, 2018 Attest: Angela Schumann, Community Development Director 5 Planning Commission Agenda — 03/06/2018 2A. Public Hearing — Consideration of a request to amend the Monticello Zoning Ordinance Chapter 2, Section 4 Specific Review Procedures & Requirements, Chapter 4, Section 11 Building Materials, and Chapter 5, Section 3 Accessory Use Standards. Applicant: City of Monticello. (NAC) Planning Case Number: 2018-009 A. REFERENCE & BACKGROUND Request(s): Zoning Ordinance Amendments for: 1. Establishing timing provisions between PUD application stages and reviews. 2. Supplementing building materials standards in residential and commercial districts by addressing roofing materials. 3. Allowing for the construction of columbarium structures within cemeteries. Deadline for Decision: NA Project Description: Consider zoning ordinance amendments for the noted topics, based on previous staff and public experience. ANALYSIS The proposed amendments are three separate proposals to address issues which have arisen over the past several months. Staff comment is consolidated in this report, but each of the three should be addressed as separate actions. PUD Processing. The first is a proposed amendment that is designed to specify the amount of time that an applicant can have between the various stages of PUD review. Currently, the ordinance is silent on timing, which can become an issue for consistent City review when proposals extend over many months or even years. It is the position of staff that creating reasonable timeframes will help ensure that approved projects with continue through the process in an expeditious manner, and that if stalled, the applicant will have to come back for reconsidered approvals. The amendment suggests that once an applicant has gone through a Concept Review, receiving comments as to the issues raised by the Planning Commission, City Council and staff, a Development Stage application should be filed within 6 months of the Concept Review. Since the Concept Review is Planning Commission Agenda — 03/06/2018 not a formal application, and it is optional on the part of the applicant, the timeline established by this amendment would not be binding. Instead, it is suggestive of an intent to proceed to the next stage while the issues are still fresh in the minds of the applicant, the City, and of the neighborhood. The amendment proposes a much tighter timeline between Development Stage PUD and Final Stage PUD. In this situation, an applicant has 60 days to submit Final Stage PUD documents. The purpose of this shorter timeline is to ensure that the project does not stall and lose continuity in review, but also due to limits on the City's consideration and review of zoning applications under MN State Section 15.99 (the "60 day rule"). For most PUD applications, it is necessary for applicants to waive the 60 day review authority, but this amendment makes the timing aspect somewhat clearer. A final aspect of this proposal is to add a clause which ensures that the PUD approval — which occurs by rezoning the property to PUD — is not final until all conditions and requirements have been met. As a result, a project that stalls and does not go forward would not result in a PUD zoning designation. 2. Building Materials — Roofing. It has been observed by staff that in certain applications, the City may wish to address roofing materials of proposed residential and commercial buildings. However, the building materials section of the ordinance speaks to "exterior facades", walls, and "finishes" which are clearly focused on the vertical walls of a building, and do not address roofing, which can be a prominent aspect of the architectural design. As such, the proposed amendment is designed to address allowable roofing materials, including shingles and metal (primarily copper and steel). One alternative suggested in the text of the proposed ordinance is whether the City would accommodate "standing seam" metal roofing on residential buildings. An example photo of standing seam installation is shown in the accompanying photos. This type of roofing is common on commercial buildings, but is less common in this region on residential structures. Its primary popularity is in the western U.S., particularly in fire -prone areas. W, Planning Commission Agenda — 03/06/2018 3. Columbarium Structures. With the increasing use of cremation, requests for options to full burial sites have been made for the City's cemeteries. In review of the current ordinance, the zoning language does not address structures in the cemeteries with any clarity. As such, the proposed amendment would make columbarium structures a permitted accessory use to cemeteries, which are allowed in the City's agriculture and residential districts. The amendment places a few restrictions on these structures, primarily ensuring that they are set back from adjoining properties, and that they meet the other applicable accessory building requirements for the district in which they are located. B. ALTERNATIVE ACTIONS Decision I — PUD Timing Ordinance Amendment Motion to adopt Resolution No. PC -2018-005, recommending approval of the proposed ordinance amendment establishing timeframes for PUD stage applications. 2. Motion to deny adoption of Resolution No. PC -2018-005, recommending approval of the proposed ordinance amendment establishing timeframes for PUD stage applications. 3. Motion to table action on Resolution No. PC -2018-005, pending additional information from staff. Decision 2 — Roofing Materials Ordinance Amendment Motion to adopt Resolution No. PC -2018-006, recommending approval of the proposed ordinance amendment establishing materials requirements for roofing on residential and commercial buildings. 2. Motion to deny adoption of Resolution No. PC -2018-006, recommending approval of the proposed ordinance amendment establishing materials requirements for roofing on residential and commercial buildings. 3. Motion to table action on Resolution No. Resolution PC -2018-006, pending additional information from staff. Decision 3 — Columbarium Ordinance Amendment Motion to adopt Resolution No. PC -2018-007, recommending approval of the proposed ordinance amendment establishing regulations for columbarium structures in cemeteries. 3 Planning Commission Agenda — 03/06/2018 2. Motion to deny adoption of Resolution PC -2018-007, recommending approval of the proposed ordinance amendment establishing regulations for columbarium structures in cemeteries. 3. Motion to table action on Resolution No. PC -2018-007, pending additional information from staff. C. STAFF RECOMMENDATION Staff recommends approval of the resolutions and ordinances based on the findings in the resolutions. As noted in the text, the Planning Commission should consider (among other issues) the allowances for standing seam roofing design in residential areas. D. SUPPORTING DATA A. PUD Timing Resolution No. PC -2018-005 B. Roofing Materials Resolution No. PC -2018-006 C. Columbarium Resolution No. PC -2018-007 D. PUD Timing Ordinance No. 6XX E. Roofing Materials Ordinance No. 6XX F. Columbarium Ordinance No. 6XX G. Monticello Zoning Ordinance, Excerpts L! CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-005 RECOMENDING APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE RELATING TO APPLICATION TIMING FOR PLANNED UNIT DEVELOPENT APPLICATIONS WHEREAS, the City finds that extended time between PUD stages of review can lead to lost efficiency in zoning administration; and WHEREAS, facilitating PUD reviews in limited timeframes encourages clearer compliance with Comprehensive Plan objectives; and WHEREAS, the current city ordinances do not make adequate provision for such timing; and WHEREAS, the Planning Commission held a public hearing on March 61, 2018 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. Changes to the ordinance are necessary to ensure the more efficient timing. 2. Establishing the proposed timing is consistent with the City's goals for new development. 3. The proposed amendments comprise a superior opportunity for Planned Unit Development to be reviewed quickly and efficiently. 4. The proposed amendments provide reasonable regulation of the potential PUD development and ensures that stalled projects do not create ongoing zoning issues. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the proposed amendment to the zoning ordinance. ADOPTED this 6t' day of March, 2018, by the Planning Commission of the City of Monticello, Minnesota. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-005 MONTICELLO PLANNING COMMISSION I: ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-006 RECOMENDING APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE RELATING TO ROOFING BUILDING MATERIALS IN RESIDENTIAL AND COMMERCIAL DISTRICTS WHEREAS, the City finds that regulation of roofing materials is important to ensure attractive and functional buildings; and WHEREAS, regulation of roofing materials is an important factor in meeting the intent of the Comprehensive Plan; and WHEREAS, regulation of roofing materials would be consistent with the City's regulation of other building materials, and with the intent of the Zoning Ordinance generally; and WHEREAS, the current city ordinances do not make adequate provision for such materials; and WHEREAS, the Planning Commission held a public hearing on March 61, 2018 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. Changes to the ordinance are necessary to ensure reasonable regulations. 2. Establishing the proposed regulations is consistent with the City's goals for new development. 3. The proposed amendments ensure development and building materials that are consistent with contemporary buildings in the region. 4. The proposed amendments provide reasonable regulation of the issue to ensure that common building components are identified in the language of ordinances.. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the proposed amendment to the zoning ordinance. ADOPTED this 6t' day of March, 2018, by the Planning Commission of the City of Monticello, Minnesota. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-006 MONTICELLO PLANNING COMMISSION Brad Fyle, Chair ATTEST: Angela Schumann, Community Development Director CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-007 RECOMENDING APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE RELATING TO COLUMBARIUM STRUCTURES AS ACCESSORY BUILDINGS IN CEMETERIES WHEREAS, the City finds that accommodation of columbarium structures in cemeteries is consistent with contemporary practice; and WHEREAS, allowance of columbaria as accessory structures is consistent with the purpose and intent for provision of cemetery space in the City; and WHEREAS, regulation columbaria is necessary to both clarify the allowance of such structures and manage the attributes thereof, and WHEREAS, the current city ordinances do not make adequate provision for such structures; and WHEREAS, the Planning Commission held a public hearing on March 61, 2018 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. Changes to the ordinance are necessary to ensure reasonable regulations. 2. Establishing the proposed regulations is consistent with the City's goals for cemetery use and development. 3. The proposed amendments ensure development and building materials that are consistent with the contemporary use of such lands. 4. The proposed amendments provide reasonable regulation of the issue to ensure that common aspects of columbarium construction are identified in the language of ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the proposed amendment to the zoning ordinance. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-007 ADOPTED this 6h day of March, 2018, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION Brad Fyle, Chair ATTEST: Angela Schumann, Community Development Director ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE, CHAPTER 2 SECTION 2.4 (D) RELATING TO THE SUBMISSION OF DEVELOPMENT STAGE AND FINAL STAGE PLANNED UNIT DEVELOPMENT APPLICATIONS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS. Section 1. Chapter 2, Section 2.4 (D)(9)(b)(i) is hereby amended to read as follows: 2.4 (D)(9)(b) (i) Initiation of Proceedings. Requests for PUD Development Stage, rezoning to PUD and Preliminary Plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. The Development Stage PUD request shall be subject to timelines set by Minn. Stat. Section 15.99. If the applicant has processed an optional Concept Proposal review pursuant to Section 2.4 (D)(9)(a), the Development Stage application shall be submitted within six (6) months of such review. If more than six (6) months have elapsed since the Concept Review, the application must be processed as a new Concept Proposal unless the Community Development Department determines to waive this provision. Section 2. Chapter 2, Section 2.4 (D)(9)(c)(i)(1) is hereby amended to read as follows: 2.4 (D)(9)(c)(i) A Final Stage PUD plan and final plat that conforms with the approved Development Stage PUD and preliminary plat and associated PUD rezoning ordinance shall be submitted no later than sixty (60) days following the Development Stage PUD approval for review ar-eviewewithin the time allotted by Minn. Stat. Section 15.99. Applicants may request an extension for such submittal for a maximum of an additional six (6) months), and shall request waivers for any statutory time limits as necessary. Applications which Formatted: Not Highlight fail to meet this deadline shall be deemed void and shall require review and re-application according to the Development StagePUD process of this ordinance. Section 3. Chapter 2, Section 2.4 (D)(9)(c) is hereby amended to add the following: 2.4 (D)(9)(c) Final PUD Approval shall occur by adoption of a rezoning ordinance for the subject property specifjng the uses, standards, and other requirements of said PUD zoning district. Such ordinance shall include an effective date clause which may delay the effective date of the ordinance until such time as the applicant has met each of the conditions of approval required by the City Council, in addition to other requirements including publication. No approvals are valid, and no permits may be issued, until the ordinance takes effect. If the Final PUD is not approved by the City Council, or the applicant fails to meet the conditions as described, the ordinance shall not take effect, and the subject property shall retain its previous zoning designation. Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this -- day of --, 2018. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE, CHAPTER 4, SECTION 4.11, RELATING TO PROVISIONS FOR METAL ROOFING REQUIREMENTS IN RESIDENTIAL AND COMMERCIAL ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF MONTICELL 0, MINNESOTA HEREBY ORDAINS: Section 1. Chapter 4, Section 4.11(C) and Section 4.11(D) are hereby amended to add the following: 4.11 (C) (5) Roofing Materials. Roofing materials in residential districts, including for principal and accessory buildings, shall consist of shingles made of asphalt, fiberglass, durable rot -resistant wood (such as cedar), stone (such as slate) or architectural metal (including steel and copper). Heavy gauge steel or copper may be used for standing -seam roofing. Steel may be used only when designed to resemble traditional residential architectural roofing materials. [Alt: Roofing materials in residential districts, including for principal and accessory buildings, shall consist of shingles made of asphalt, fiberglass, durable rot -resistant wood (such as cedar), stone (such as slate) or architectural metal (including steel and copper).] Section 2. Chapter 4, Section 4.11(D)(5) is hereby amended to read as follows: 4.11 (D) (5) Metal Roofing. Metal shall be an allowed roofing material in the "B", Business Districts, provided such material is designed to resemble traditional commercial architecture and/or is designed to complement the architectural design of the building. (5) (6) Building Materials and Design for the CCD District: All buildings within the CCD shall meet the materials and design standards of the Comprehensive Plan as defined by " Menlieelle, Appendix B, Design Guidelines the Downtown Monticello Small Area Plan Amendment, the requirements of the CCD District, as well as the standards in Section 4.11 of this ordinance. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this _ day of _ , 2018. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE, CHAPTER 5, TABLE 5-3, AND SECTION 5.3 (D) (11), RELATING TO THE PROVISION FOR COLUMARIUM STRUCTURES AS ACCESSORY USE TO CEMETERIES. THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Section 1. Chapter 5, Table 5-3 is hereby amended to add the following: Columbarium as a permitted accessory use to Cemeteries in the A-0, R -A, R-1, R-2, T -N, R-3, and R-4 zoning districts, subject to the additional requirements of Section 5.3 (D)(11). Section 2. Chapter 5, Section 5.3(D) is hereby amended to add the following: Section 5.3(D) (11) Columbarium. Accessory use to Cemeteries only. Subject to the following: (a) Columbarium Structures shall set back a minimum distance of fifty (50) feet from all lot lines and public right of way. (b) The principal use cemetery shall comply with all other applicable requirements of the zoning ordinance, with the exception of the requirement for distance from I-94. (c) No portion of the Columbarium shall exceed height requirements for accessory buildings in the district in which the structure is located. (d) The Columbarium shall be constructed of masonry materials for all exterior surfaces, with architectural metals and glass for details and openings only. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this _ day of , 2018. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (iv) PUD Concept Plan Proposal Review Upon receiving a PUD concept plan proposal, the Community Development Department shall: 1. Schedule a joint meeting of the Planning Commission and City Council and shall provide notice of the meeting to all property owners within 350' of the property boundary of the proposal. During the concurrent meeting, the Planning Commission and City Council may make comment on the merit, needed changes, and suggested conditions which may assist the proposer in future application for proposed rezoning and PUD development plan. a. The Planning Commission and City Council may also take comment from the public as part of the joint meeting. b. The Council and Planning Commission shall make no formal decision as part of the consideration The City Council and Planning Commission's comments are explicitly not an approval or decision on the project, and are intended to represent preliminary feedback related to this PUD ordinance, the applicable zoning regulations, and the Comprehensive Plan. (b) PUD Development Stage, Preliminary Plat, and Rezoning (i) Initiation of Proceedings Requests for PUD Development Stage, rezoning to PUD and Preliminary Plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. The Development Stage PUD request shall be subject to timelines set by Minn. Stat. Section 15.99. (ii) Application 1. All applications for rezoning to PUD and Preliminary Plat shall be in accordance with Section 2.3, Common Review Requirements. 2. The application for rezoning to PUD shall be in accordance with Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments. 3. The application for Preliminary Plat (as applicable) shall be in accordance with City Code Title 11, Chapter 4, Data Required for Preliminary and Final Plats; and shall include the additional information requirements listed in Section 2.4(P)(9)(c)(iii) below to be considered complete (except as exempted by the Community Development Department). City of Monticello Zoning Ordinance Page 67 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 4. If the PUD is proposed to develop over a timeframe exceeding two years, a PUD Phasing Plan for the entire project (to be completed in phases) may be submitted. Subsequent PUD Final Plan applications would only grant approval for an individual phase. (iii) Specific PUD Development Stage, Preliminary Plat and Rezoning Submittal Requirements An applicant shall provide a separate PUD Development Stage Plan clearly delineating the proposed development and all features not consistent with underlying zoning regulations (e.g. setback deviations). At a minimum, the plan should show: 1. All required information per Section 2.4(P)(9)(b)(iii) of this ordinance. 2. Administrative information (including identification of the drawing as a "PUD Development Stage Plan," the proposed name of the project, contact information for the developer and individual preparing the plan, signature of the surveyor and civil engineer certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow); 3. Area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks; 4. Existing zoning district(s); 5. Layout of proposed lots with future lot and block numbers. The perimeter boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots planned for public dedication and/or open space (schools, parks, etc.); 6. Area calculations for each parcel; 7. Proposed setbacks on each lot (forming the building pad) and calculated buildable area; 8. Proposed gross hardcover allowance per lot (if applicable); 9. Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question; 10. Delineation of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel; 11. Delineation of the ordinary high water levels of all water bodies; Page 68 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 12. Grading drainage and erosion control plan prepared by a registered professional engineer, providing all information outlined in Monticello Zoning Code, Chapter 4, Section 10(C); 13. Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel; 14. Easements and rights-of-way within or adjacent to the subdivision parcel(s); 15. The location and orientation of proposed buildings; 16. Colored building elevations which detail the materials being used; 17. Proposed sidewalks and trails; 18. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices; 19. Lighting location, style and mounting and light distribution plan. 20. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable); 21. Landscape plan prepared by a qualified professional providing all information outlined in Monticello Zoning Ordinance Section 4.1(D) including planting counts, sizes and species; 22. Location and detail of signage providing all pertinent information outlined in Monticello Zoning Ordinance Section 2.4(K)(3)(b). 23. Location, access and screening detail of large trash handling and recycling collection areas in compliance with the requirements of Monticello Zoning Ordinance Section 5.3(D)(34). 24. Any other information as directed by the Community Development Department. (iv) PUD Development Stage, Preliminary Plat and Rezoning to PUD Review 1. The application for rezoning to PUD shall be reviewed in accordance with Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments. 2. The application for Preliminary Plat shall be reviewed in accordance with City Code Title 11, Chapter 3, Section 2, Preliminary Plat Procedure. City of Monticello Zoning Ordinance Page 69 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 3. As part of the review process for both applications, the Community Development Department shall generate an analysis of the proposal against the expectations for PUDs and this ordinance to formulate a recommendation regarding the rezoning to the Planning Commission and City Council. 4. The Planning Commission shall hold a public hearing and consider the application's consistency with the intent and purpose of the PUD and comprehensive plan goals. The Planning Commission shall make recommendations to the City Council on the merit, needed changes, and suggested conditions of the proposed rezoning, preliminary plat and PUD development plan. 5. In approving or denying the PUD Development Stage application and ordinance to rezone the subject property to PUD, the City Council shall make findings on the following: a. Whether the PUD plan is consistent with the city's comprehensive plan; b. Whether the PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and greater public benefits than would be achieved under conventional provisions of the ordinance; c. Whether the PUD plan addresses the purpose and intent of the PUD rezoning laid out in Section 2.4(P)(1), and the public values statement established at the beginning of the process; d. Whether the PUD plan addresses the expectations of a PUD laid out in Section 2.4(P)(7); e. Whether the PUD plan maintains or improves the efficiency of public streets, utilities, and other public services; f. Whether the PUD plan results in development compatible with existing adjacent and future guided land uses; g. Whether the PUD can be accommodated by existing public services, such as parks, police, fire, administration, and utilities, or the developer has provided for the growth and extension of such services as a component of the PUD. h. Whether the PUD is designed to take advantage of, and preserve, the natural features of the subject property, including waterways, forested areas, natural prairie, topography, views, etc. 6. An ordinance rezoning the property shall be prepared by the City, for review at the Development Stage PUD, but adoption of such ordinance shall occur only upon approval of the Final Stage PUD. Page 70 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (c) PUD Final Plat (i) Initiation of Proceedings 1. A Final Stage PUD plan and final plat that conforms with the approved Development Stage PUD and preliminary plat and associated PUD rezoning ordinance shall be submitted and reviewed within the time allotted by Minn. Stat. Section 15.99. 2. The request for PUD Final Stage and Final Plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (ii) Application 1. All applications for PUD Final Stage and Final Plat shall be in accordance with Section 2.3, Common Review Requirements. 2. The application for PUD Final Plat shall be in accordance with City Code Title 11, Chapter 4, Data Required for Preliminary and Final Plats. 3. In addition to general city code requirements, applications for a PUD Final Stage and Final Plat shall also include at least the information in Section 2.4(P)(9)(d)(iii) below to be considered complete (except as exempted by the Community Development Department). (iii) Specific PUD Final Stage and Final Plat Submittal Requirements 1. If a PUD Master Plan for the entire project was submitted and approved as part of the PUD Development Stage, an updated Master Plan shall be submitted incorporating all changes required by the PUD Development Stage approval. 2. The PUD Development Stage Plan shall be updated to incorporate all changes required by the PUD, preliminary plat and rezoning approvals. This document must clearly show all deviations from standard zoning being approved as part of the PUD. 3. The City shall prepare, and the applicant shall execute, a developer's agreement which references all PUD plans, development phasing, required improvements, completion dates for improvements, the required letter of credit, all required development fees, escrows, and warranties, and any other information deemed necessary by the City. City of Monticello Zoning Ordinance Page 71 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 4. The City shall, upon approval of the PUD Final Stage, recording of the Final Plat, and execution of the PUD developer's agreement, publish the PUD Ordinance specifying land use, densities, performance standards, and ongoing general obligations of occupants of the PUD. Such ordinance shall create a zoning district that is specific to the property for which the PUD was applied, and shall be designated in such a way as to be able to mark the official zoning map to identify the PUD ordinance. The PUD ordinance shall also designate that such property is thereby rezoned to the PUD district as adopted. 5. Up-to-date title evidence for the subject property in a form acceptable to the City shall be provided as part of the application for the PUD Final Plat. 6. Developer shall provide warranty deeds for Property being dedicated to the City for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City Council. 7. Developer shall provide all easement dedication documents for easements not shown on the final plat including those for trails, ingress/egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property. (iv) PUD Final Stage and Final Plat Review The application for PUD Final Stage and Final Plat shall be considered by the City Council at a public meeting, following a review and report by the Community Development Department. Approval of the PUD Final Stage and Final Plat shall be by simple majority vote of the City Council, except where State law may specifically require a supermajority. (10) PUD Amendments Approved PUD's may be amended from time to time as a result of unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the applicant shall make an application to the city for a PUD amendment. All such amendments will be processed as one of the following: Page 72 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (a) Administrative Amendment — The Community Development Department may approve minor changes in the location, placement, and height of buildings if such changes are required by engineering or other circumstances, provided the conform to the review criteria applied by the Planning Commission and City Council, and are consistent with all requirements of the PUD ordinance. Under no circumstances shall an administrative amendment allow additional stories to buildings, additional lots, or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Community Development Director and recorded against the PUD property. (b) PUD Adjustment — an adjustment to a PUD may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. For a PUD Adjustment, the applicant shall follow the procedures and requirements of the PUD Final Stage as identified in this Chapter. A PUD Adjustment shall be memorialized with an amendment to the PUD Development Agreement, executed by the City and applicant, and recorded against the PUD property. To qualify for this review, the minor adjustment shall not: (i) Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. (ii) Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. (iii) Alter significantly the location of buildings, parking areas or roads. (iv) Increase or decrease the number of residential dwelling units by more than five percent. (v) Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent (residential lots not guided for specific structure sizes are excluded from this requirement). (vi) Increase the number of stories of any building. (vii) Decrease the amount of open space or alter it in such a way as to change its original design or intended function or use. (viii) Create non-compliance with any condition attached to the approval of the Final PUD Plan. City of Monticello Zoning Ordinance Page 73 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (c) PUD Amendment — any change not qualifying for an administrative amendment or a PUD adjustment shall require a PUD amendment. An application to amend a PUD shall be administered in the same manner as that required for an initial PUD beginning at PUD Development Stage and Preliminary Plat. (11) PUD Cancellation A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is inconsistent with the Comprehensive Plan or other application land use regulations, threatens public safety, health, or welfare, or other applicable findings in accordance with law. (12) Administration In general, the following rules shall apply to all PUDs: (a) Rules and regulations: No requirement outlined in the PUD process shall restrict the City Council from taking action on an application if necessary to meet state mandated time deadlines; (b) Preconstruction: No building permit shall be granted for any building on land for which a PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact, influence, or interfere with the proposed PUD plan. (c) Effect on Conveyedperty: In the event any real property in the approved PUD Agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved Final PUD Plan constituting a part thereof as well as the PUD zoning ordinance; provided, however, that nothing herein shall be construed to create non -conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD. Page 74 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.11 Building Materials Subsection (C) Residential District Requirements (2) New materials In recognition of the ever-changing marketplace for new finishing materials, the Community Development Department may authorize the use of materials not listed herein if it is determined that such a material is substantially similar or superior to one or more of the approved building materials. (C) Residential District Requirements (1) All Residence Districts No metal siding shall be permitted wider than 12 inches or without a one-half (1/2) inch or more overlap and relief. (2) R-1 and R-2 Districts A minimum of 15% of the front building fagade of any structure in the R-1 or R-2 Districts, less the square footage area of the garage doors, shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Community Development Department may approve optional facade treatments when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features. (3) R -A and T -N Districts A minimum of 20% of the front building fagade of any structure in the R -A or T- N zoning district, less the square footage area of the garage doors, shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. (4) R-3 District and other Districts with Multiple Family Housing A R-3 District and other districts with multiple family housing shall be subject to building material standards as follows: all building walls facing a public street shall be covered with stone, brick, cultured masonry simulating brick or stone, or other enhanced materials acceptable to the City Council to an extent not less than 20% of the exposed wall silhouette area. In addition, multiple family structures of thirteen (13) or more units shall, when lap horizontal siding, be constructed of heavy gauge steel or cement -board, with no use of vinyl or aluminum permitted. City of Monticello Zoning Ordinance Page 301 CHAPTER 4: FINISHING STANDARDS Section 4.11 Building Materials Subsection (D) Business District Requirements Natural wood or species that is resistant to decay may be permitted where approved by the City Council. (D) Business District Requirements In all Business Zoning Districts (see table 3-1), the following building materials standards shall apply. (1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings, except those specifically designed to have a corrosive designed finish such as"corten" steel, shall be permitted in the districts listed herein. (2) Buildings in these zoning districts shall maintain a high standard of architectural and aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely impact the property values of the abutting properties and shall have a positive impact on the public health, safety, and general welfare, insofar as practicable. (3) Exterior building finishes in the districts subject to this Section shall consist of materials compatible in grade and quality to the following: (a) Brick (b) Natural Stone (c) Decorative rock face or concrete block (d) Cast -in-place concrete or pre -cast concrete panels (e) Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress (f) Glass (g) Exterior Insulated Finish systems, where said system is manufactured to replicate the look of one of the approved building materials in this section (h) Stucco (4) Metal exterior finishes shall be permitted only where coordinated into the overall architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and other similar features, and in no case shall constitute more than 15% of the total exterior finish of the building. Page 302 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.11 Building Materials Subsection (E) Industrial Requirements (5) Building Materials and Design for the CCD District: All buildings within the CCD shall meet the materials and design standards of the Comprehensive Plan as defined by the report "Embracing Downtown Monticello," Appendix B, Design Guidelines, as well as the standards in Section 4.11 of this ordinance. (E) Industrial Requirements (1) In the Industrial and Business Campus District (IBC), the following building materials and standards shall apply: (a) Buildings shall maintain a high standard of architectural and aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely impact the property values of the abutting properties and shall have a positive impact on the public health, safety, and general welfare, insofar as practicable. (b) Exterior building finishes shall not consist of galvanized or unfinished steel, or unfinished aluminum. (c) Exterior building finishes shall consist of materials compatible in grade and quality to the following: (i) Brick; (ii) Natural Stone; (iii) Decorative rock face block or burnished block; (iv) Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress (v) Glass; (vi) Stucco or substantially similar finish product; (vii) Exterior Insulated Finish systems, where said system is manufactured to replicate the look of one of the approved building materials in this section. (d) Metal exterior finishes shall be permitted only where coordinated into the overall architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and other similar features, and in no case shall constitute more than 15% of the total exterior finish of the building. (2) In the Light Industrial District (1-1), the following building material standards shall apply: City of Monticello Zoning Ordinance Page 303 CHAPTERS: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure 5- 1: USES BY DISTRICT (cont.) Use Types Base Zoning Districts AdditionalTABLE . . ts • Residential Uses 5.2(C)(1) Attached Dwelling Types 5.2(C)(2)(a) - Duplex p C 5.2(C)(2)(b) - Townhouse C p 5.2(C)(2)(c) - Multiple -Family C P CQ (2)(d) Detached Dwelling p p p p p p None 5 2(C)(3) Group Residential p P P P P Facility, Single Family Group Residential C C C 5.2(C)(3) Facility, Multi -Family Mobile & Manufactured C C CP C 5.2(C)(4) Home / Home Park Civic & Institutional Uses Active Park Facilities p P P p P P p P P p P P p p P None (public) Active Park Facilities p P P P P P P 5 2(D)(1) (private) Assisted Living Facilities C P C C P 5.2 D 2 5.2(D)(3) Cemeteries C C C C C C C W Clinics/Medical Services C P P C None Essential Services P P P P P P P P P P P P P P P None Hospitals C P P C 5.2(D)(4) Nursing/Convalescent C C C C C C C C C P P 5.2(D)(5) Home hL Passenger Terminal C C C C None Passive Parks and Open p P P p P p P P P p p P p p P None Space Place of Public Assembly C C C C C p C 5.2(D)(6) Public Buildings or Uses C C C C C C C P C C P P C P P5.2(D)(7) Schools, K-12 C C C C C C I I 5.2(D)(8) None Schools, Higher Education C Utilities (major) C C C 5.2(D)(9) Office Uses Offices P P P P P P P 5.2(E) City of Monticello Zoning Ordinance Page 325 CHAPTERS: USE STANDARDS Section S.2 Use -Specific Standards Subsection (D) Regulations for Civic and Institutional Uses (vii) Lighting: 1. Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like. 2. The manufactured home park ground shall be lighted as approved by the City from sunset to sunrise. (D) Regulations for Civic and Institutional Uses (1) Active Park Facilities — Private Private park facilities must be operated only for the enjoyment and convenience of the associated residents and their guests. (2) Assisted Living Facilities (a) The development must be contained on an independent parcel; 30% of the parcel must be preserved as open space at least 2/3rds of which shall be useable. (b) To continue to qualify for the senior citizen housing classification, the owner or agent shall annually file with the Community Development Department a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age. (c) One (1) off-street loading space shall be provided in compliance with Section 4.9, Off -Street Loading Spaces. (d) Elevator service shall be provided to each floor level which contains senior housing units. (e) The site of the main entrance of the principal use is served or is located within four hundred (400) feet of regular transit service. (f) Efficiency units shall be a minimum floor area of 440 square feet, and shall not exceed twenty (20) percent of the total number of apartments in a multiple dwelling. (g) One bedroom units shall be a minimum floor area of 520 square feet. (3) Cemeteries (a) New cemeteries shall be located on a site or parcel with an area of at least 2.5 acres. Page 338 City of Monticello Zoning Ordinance CHAPTERS: USE STANDARDS Section S.2 Use -Specific Standards Subsection (D) Regulations for Civic and Institutional Uses (b) New cemeteries shall be located on a site or parcel that fronts an arterial or collector street. (c) Cemeteries shall include adequate space for the parking and maneuvering of funeral processions. (d) Interments shall take place at least 50 feet from any lot line. (e) Cemeteries shall not be located within one-half mile of Interstate Highway 94. (4) Hospitals A hospital shall: (a) Be located on a site of at least five acres. (b) Be located on a parcel that fronts or has direct access to an arterial or collector street. (c) Be served by public water and wastewater systems. (5) Nursing or Convalescent Home (a) Side yards shall be double the minimum requirements established for the applicable district. (b) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type `B") in accordance with section 4.1(G) of this ordinance. (c) One (1) off-street loading space in compliance with Section 4.8 of this ordinance is installed. (6) Places of Public Assembly (a) Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. (b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. (c) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with section 4.1(G) of this ordinance. City of Monticello Zoning Ordinance Page 339 Planning Commission Agenda: 03/06/18 3A. Consideration of a report on purchase agreement for 103 Pine Street for consistency with the City of Monticello Comprehensive Plan. (AS) A. REFERENCE AND BACKGROUND: The Planning Commission is asked to consider a recommendation finding that the acquisition of 103 Pine Street by the City of Monticello Economic Development Authority is in conformance to the City's Comprehensive Plan. The acquisition includes a commercial building/property on three parcels. It is being acquired for the direct purposes of supporting riverfront redevelopment as envisioned by the Downtown Small Area Plan. The property is located on the south side of River Street, at the southwest corner of River Street and Pine Streets (TH25). The parcel is guided "Downtown" within the Monticello Comprehensive Plan. The Comprehensive Plan adopts the Monticello Downtown Small Area Plan as the guiding document for downtown development and land use. The Downtown Small Area Plan specifically recommends leveraging the public property on this block to "create a new signature development with market rate housing and a destination restaurant or entertainment use overlooking the park and river". The plan views the area as key to the success of downtown revitalization, suggesting as an immediate Next Step and Implementation measure to "Aggressively market development opportunities such as Block 52 ...". In summary, the plan places a good deal of emphasis on Block 52, and this site area in specific, noting its importance to the success of redevelopment efforts in the downtown given its location on Pine Street, riverfront and Broadway. The acquisition site is currently zoned CCD, Central Community District, which is the City's downtown zoning district. There are zoning standards in place specific to the downtown, which are in the process of being updated. The EDA will work to market the acquisition area and plans to work with a developer and the City (which owns the Walnut Street public parking lot) to develop a project which maximizes the community's connection to the Mississippi River, ideally a mixed- use project including both residential and commercial components. The EDA authorized entering into a purchase agreement on the property at its February 14a' regular meeting. The purchase agreement includes a reference to the Planning Commission's review. Planning Commission will note that the EDA has the authority to enter into purchase agreements for such acquisitions. The Commission's role is to provide a report to the EDA on the conformance of the acquisition to the adopted Comprehensive Plan. Planning Commission Agenda: 03/06/18 B. ALTERNATIVE ACTIONS: Motion to adopt Resolution PC -2018-008 finding that the proposed acquisition of certain land at 103 Pine Street by the City of Monticello Economic Development Authority is consistent with the City of Monticello Comprehensive Plan for "Downtown" uses. 2. Motion of other. C. STAFF RECOMMENDATION: City staff supports Alternative #1 above. Acquisition of this property by the EDA is a key project in moving forward redevelopment on Block 52 as outlined within the Downtown Small Area Plan and Comprehensive Plan. Acquisition of these parcels by the EDA is in clear support of the Downtown Small Area Plan's goals for revitalization on the block, as the property connects the downtown directly to the River and future redevelopment on the site supports the plan's four main goals: 1. Become a River Town 2. Improve the Pine Street experience for all 3. Focus on small and medium investments 4. Shift the center of downtown to Broadway and Walnut D. SUPPORTING DATA: A. Resolution PC -2018-008 B. Aerial Image C. Monticello Comprehensive Plan, Chapter 3 — Land Use, Excerpts D. Monticello Downtown Small Area Plan - Excerpts 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-008 A RESOLUTION FINDING THAT THE PROPOSED ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF MONTICELLO'S COMPREHENSIVE PLAN WHEREAS, the City of Monticello Economic Development Authority (the "Authority") proposes to purchase certain property (the "Property") located at 103 Pine Street in the City of Monticello (the "City") and described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning Commission to review the proposed acquisition or disposal of publicly -owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning Commission has reviewed the proposed acquisition of the Property, and has determined that the Property is located in an area designated for mixed commercial and multifamily residential uses within the City's comprehensive plan and Small Area Study, that the Authority's purpose is to redevelop the Property consistent with these uses, and that the proposed acquisition is therefore consistent with the City's comprehensive plan. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, that the acquisition of the Property by the Authority is consistent with the City's comprehensive municipal plan, and will promote the redevelopment of a portion of the downtown area of the City. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. Adopted this 6th day of March, 2018, by the Monticello Planning Commission. Chair, Monticello Planning Commission 516677v1 MNI MN325-35 FVHTRTT A Description of Property Lots 11 and 12, Block 52, City or Townsite of Monticello, Wright County, Minnesota; and that part of Lot 10, Block 52, City or Townsite of Monticello, Wright County, Minnesota described as follows: beginning at the northeasterly corner of said Lot 10; thence southerly along the southeasterly line of said Lot 10, a distance of 26.00 feet; thence westerly to a point on the northwesterly line of said Lot 10 distant 26.00 feet southerly of the northwesterly corner of said Lot 10; thence northerly along said northwesterly line to said northwesterly corner; thence easterly along the northeasterly line of said Lot 10 to the point of beginning. Subject to and together with an ingress and egress easement across the southwesterly 10.00 feet of the northeasterly 36.00 feet of said Lot 10, as measured at a right angle to and parallel with the northeasterly line thereof. PID:155010052110, 155010052120, and 155010052102 516677v1 MNI MN325-35 Subject Parcels February 28, 201, r id ► .. � '� 'fit .., Q' f� p r ' AM..—Onticello CITV OF I fIl- City Boundary UNA Bryan Pittman 1 inch = 94 feet Map Powered by DataLink from WSB &Associates of manufacturing, processing, warehousing, distribution and related businesses. S. Places to Work may include non -industrial businesses that provide necessary support to the underlying development objectives of this land use. Examples of supporting land uses include lodging, office supplies and repair services. Additional public objectives and strategies for Places to Work can be found in the Economic Development chapter. Places to Shop Places to Shop designate locations that are or can be developed with businesses involved with the sale of goods and services. Places to Shop may include offices for service businesses. Places to Shop guides land uses that are both local and regional in nature. Policies - Places to Shop 4 The Comprehensive Plan describes issues, plans and policies related to the Downtown in several sections of the Plan. between the commercial parcel and adjacent residential uses. These policies help to create sustainable locations for Places to Shop in a manner that enhances Monticello. In guiding land uses for Places to Shop, the Downtown Comprehensive Plan seeks to: 1. 2. 3. 4. 5. Q The Comprehensive Plan seeks to attract and retain businesses that provide goods and services needed by Monticello residents. The Comprehensive Plan seeks to capture the opportunity for commercial development that serves a broader region. Places to Shop with a regional orientation should be located where the traffic does not disadvantage travel within Monticello. Commercial development will be used to expand and diversify the local property tax base and as an element of a diverse supply of local jobs. Places to Shop will be located on property with access to the street capacity needed to support traffic from these businesses. Each parcel should supply an adequate supply of parking that makes it convenient to obtain the goods and services. Building materials, facades and signage should combine with public improvements to create an attractive setting. 7. Site design must give consideration to defining edges and providing buffering or separation The Embracing Downtown Plan was adopted by City Council resolution 2012-011 on January 9, 2012. The City embarked on an update to the Downtown Plan in 2017 and the Downtown Small Area Plan was adopted by City Council resolution 2017-070 on September 25, 2017 and is herein incorporated as an appendix of the Comprehensive Plan. Downtown is a unique commercial district that is part of Monticello's heritage and identity. It is, however, no longer possible for Downtown to be Monticello's central business district. The mass of current and future commercial development south of Interstate 94 along TH 25 and in east Monticello along interstate 94 have replaced the downtown area as primary shopping districts. The future success of downtown requires it to be a place unlike any other in Monticello. The Comprehensive Plan seeks to achieve the Vision, and Goals described in the Downtown Small Area Plan. Downtown is intended to be a mix of inter -related and mutually supportive land uses. Businesses involved with the sale of goods and services should be the focus of Downtown land use. Residential development facilitates reinvestment and places potential customers 2008 Comprehensive Plan — Updated 2017 Land Use 1 3-13 in the Downtown area. Civic uses draw in people from across the community. During the planning process, the potential for allowing commercial activity to extend easterly out of the Downtown along Broadway was discussed. The Comprehensive Plan consciously defines Cedar Street as the eastern edge of Downtown for two basic reasons: (1) Downtown should be successful and sustainable before new areas of competition are created; and (2) The Comprehensive Plan seeks to maintain and enhance the integrity of residential neighborhoods east of Downtown. More than any other land use category, Downtown has strong connections to other parts of the Comprehensive Plan. Therefore the City has adopted the Downtown Small Area Plan as its guiding planning document for the Downtown. The following parts of the Comprehensive Plan also address community desires and plans for the Downtown area: 10. 10. 10. The Land Use chapter contains a specific focus area on Downtown. The focus area contains a more detailed discussion of the issues facing the Downtown and potential public actions needed to address these issues. The operation of the street system is a critical factor for the future of Downtown. The Transportation chapter of the Comprehensive Plan and the Transportation Framework of the Downtown Small Area Plan influence the ability of residents to travel to Downtown and the options for mitigating the impacts of traffic on Highway 25 and other Downtown streets. The Parks chapter of the Comprehensive Plan and the Parks & Open Space Framework of the Downtown Small Area Plan provide for parks in the Downtown and the trail systems that allow people to reach Downtown on foot or bicycle. The Economic Development chapter of the Comprehensive Plan and the Implementation chapter of the Downtown Small Area Plan lay the foundation for public actions and investments that will be needed to achieve the desired outcomes. Goals - Downtown ► Improve Pine Street for all users. ► Shift the center of Downtown to Broadway and Walnut Streets ► Encourage Small and Medium Scaled Investments ► Become a River Town Policies/Guiding Principles - Downtown 1. Downtown is a special and unique part of Monticello. It merits particular attention in the Comprehensive Plan and in future efforts to achieve community plans and objectives. 2. Downtown is intended to be an inter -connected and supportive collection of land uses. Land uses should support and enhance the overall objectives for Downtown. 3. The City will build on core assets of greater Downtown Monticello as identified in the Downtown Small Area Plan. These assets include the preponderance of civic activity, proximity to the river, a grid of streets and small blocks, and a varied building stock - both old and new. 4. A shared vision among property owners, business owners and the City is the foundation for effective team work and long term success. 5. A shared understanding of realistic market potential is the foundation for design and generation of a healthy mix of land uses. This includes both residential and non-residential land uses. Housing the core blocks is encouraged to be medium density (apartments or townhouses) and to face the perimeter of the blocks and be pedestrian friendly, either with street level commercial uses or doors, stoops, porches, plazas, or other features that face the sidewalk. 6. A safe, attractive human scale environment and entrepreneurial businesses that actively emphasize personal customer service will differentiate Downtown from other shopping districts. 7. Property values can be enhanced if property owners and the City share a vision for Downtown and actively seek to cultivate a safe, appealing environment and attractive mix of inter -related uses. 3-14 1 Land Use City of Monticello 8. Housing in the Downtown can facilitate necessary redevelopment and bring potential customers directly into the area. Housing may be free- standing or in shared buildings with street level commercial uses. 9. Downtown is the civic center of Monticello. To the degree possible, unique public facilities (such as the Community Center, the Library and the Post Office) should be located in the Downtown area as a means to bring people into the Downtown. 10. Downtown should emphasize connections with the Mississippi River that are accessible by the public. It is especially important to design Broadway so it is easy and safe to cross as a pedestrian or cyclist - with an emphasis on Walnut and Cedar Streets. 11. Downtown should be a pedestrian -oriented place in a manner that cannot be matched by other commercial districts. Pedestrian scale is achieved at the scale of both the block and the building. Blocks should reflect the historic fabric of the City and buildings should present a pedestrian friendly facade to the sidewalk. 12. Downtown should have an adequate supply of free parking for customers distributed throughout the area. The Downtown should be well connected so customers are comfortable walking 1-2 blocks from their car to their destination. 13. The City and business community must work actively with MnDOT to ensure safe local access to the Downtown. All of these policies work together to attract people to Downtown and to enhance the potential for a successful Downtown environment. Mixed Use The Mixed Use is a transition area between the Downtown and the hospital campus. It has been created in recognition of the unique nature of this area. The area serves two functions. It is the edge between long-term residential neighborhoods and a major transportation corridor (Broadway Street). It is also a link between the Downtown, the hospital campus and the east interchange retail area. The primary goal of this land use is to preserve and enhance housing in this part of Monticello. Any non-residential development should be designed to minimize the impacts on and conflicts with adjacent neighborhoods. Policies - Mixed Use Development should not have direct access to Broadway street. Access should come from side street. 2. Non-residential development should be limited to small retail, service and office businesses. The scale, character and site design should be compatible with the adjacent residential neighborhoods. 3. All non-residential development will be oriented to Broadway Street and not to 3rd Street or River Street. 4. Commercial development compatible with the Downtown should be encouraged to locate there. 5. More intense housing and commercial uses maybe allowed if directly related to the hospital. Places to Recreate Places to Recreate consist of public parks and private recreation facilities. The land uses are essential elements of the quality of life in Monticello. The Parks and Trails chapter of the Comprehensive Plan describes the current park and trail system and the future plan to maintain and enhance this system. The Comprehensive Plan is only one aspect of managing the land use for public parks and private recreation facilities. The City's zoning regulations place these locations into a zoning district. Often, the purpose of the zoning district is to guide private development, such as housing. Under current State Law, zoning regulations "trump" the Land Use Plan and govern the use of land. With the potential for the redevelopment of golf courses, it is important the Comprehensive Plan and other land use controls work in concert to achieve the desired outcomes. The City's plans and policies for parks, trails and open space can be found in the Parks chapter of the Comprehensive Plan 2008 Comprehensive Plan — Updated 2017 Land Use 1 3-15 City of Monticello Downtown Small Area Plan IVIUI ILII.CIIV, MN Prepared for: The City of Monticello ADOPTED BY CITY COUNCIL ON SEPTEMBER 25, 2017 Prepared by: Cuningham Group Architecture, Inc. Tangible Consulting Services CLININGHAM Moriilao 6 e o V P Background and Purpose The purpose of this Plan is to attract and direct investments on the core blocks of Downtown Monticello, MN over the next 10 years. The Plan advocates for solidifying Downtown as the heart of the community with a series of coordinated public and private investments. Together, these investments will create a human -scaled environment that encourages gathering, socializing, visiting and enjoying on a daily basis - throughout the year. The improvements outlined in this Plan aim to build on the unique qualities of Monticello to make the Downtown yet more attractive to those who have chosen to live and do business in the community. Specifically, the Plan seeks to promote Broadway Street as a storefront district with restaurants and specialty retail, celebrate the River for its recreational, connective and economic qualities, reinvigorate a downtown housing market with multiple, appropriately scaled, infill projects, and improve the experience of Pine Street for all users. The plan is ambitious, but achievable. Over time and upon completion, the plan would usher in up to 500 new units of downtown housing, new restaurants overlooking the river, and unique retail and services on Broadway. Momentum can be established in the next few years. Primary projects to be completed within five years include: redevelopment of Block 52, Walnut Street connection to River Street and infill housing on Walnut Street. Implementation of this Plan will create two legacies. The first will be a revitalized Downtown with an economy and attractions that benefit all residents of Monticello. Equally important, however to the physical improvements described above will be the legacy of new partnerships and civic cooperation that are essential to and will result from coordinated actions. The ideas set forth in this Plan come from the vested interest of the Monticello community through a broad public outreach effort. The realization of these ideas rely on a coordinated, cooperative, and active public sector working in tandem with an entrepreneurial private sector The result will be a lively Downtown for all in Monticello, a place that embodies both its history and future aspirations. Goals � 0 0 weodtlw FFU E] I,. .�� 4 Improve Pine Street for All Users C STI C" Shift the Center of Town to Walnut and Broadway Encourage Small and Medium Scaled Investments "` _X City of Monticello Downtown Small Area Plan I Executive Summary 0 NOTE:7his illustration depicts new deveopment on both private and public properties. The plan does not i Tu compel private property owners to change anything regarding how they use their land. Rather, the Plan is a /i� t. guide for change if the property owner chooses to do so. Please see page—for an illustration of the Master Plan as it applies to publicly held properties only. The City will endeavor to work with' existing business who wish to remain, revitalize and expand in the downtown.- City of Monticello Downtown Small Area Plan I Executive Summary 0 Frameworks Land Use, Open Space and Transportation are the three frameworks that organize and define the physical environment. As with systems in the human body, each must function independently - and together with - the others. If one fails, they all fail. This is why it is important to understand frameworks as individual systems that must function as part of a single Downtown. The Plan is also divided into frameworks in order to allow different agencies, departments, and investors act in concert with each other. This will help ensure public and private investments are coordinated, less risky, and more publicly acceptable. Framework: Open Space and Parks (Primary recommednations) • Improve Riverfront Parks to accommodate more programming and events • Redesign Walnut Street and River Street to allow for park extention during events • Convert vacant lots on Broadway to small pocket parks • Utilize River islands for additional natural park space • Create pedestrian refuges or enhanced building entry ways on the corners of blocks along Pine Street • Enliven open spaces with public art wherever possible Framework: Access and Circulation • Emphasize connectivity throughout the Core, with pedestrian and bike friendly streets, a complete sidewalk system, and connectivity to the in -town neighborhoods. • Promote a "complete streets" policy that balances the needs of all users in the Downtown. • Manage and improve the grid system to support connectivity and access throughout Downtown • Work with MnDOT to improve Pine Street for users of Downtown Monticello, including additional signals, maintaining the River Street signal and supporting an additional river crossing • Improve pedestrian crossings of Broadway at Walnut and Cedar to improve access to the Riverfront • Reconnect Walnut Street with River Street Framework: Development and Land Use • Riverfront District with destination restaurant and entertainment uses, as well as housing • Broadway District with shopfront retail and restaurant uses beneath housing and offices • In -town neighborhoods extend to Walnut and Cedar Street with new infill housing 2-4 stories (apartments and townhouses) Additional recomendations are included in the Framewoirks Section pages 25-32 :N 9 Open Space and Parks J 7� Access and Circulation Development and land Use Immediate Next Steps and Implementation 1. Improve the physical environment with streetscape, benches, programming, and art. 2. Bolster Broadway with a facade improvement program and retail recruitment. 3. Aggressively market development opportunities such as Block 52 and infill housing on Walnut and Cedar Street 4. Enact the appropriate policies, programs and incentives that enable the type of development described in the Plan. How is This Plan Related to the Embracing Downtown Plan and the Comprehensive Plan? In 2010, the City of Monticello completed the "Embracing Downtown Plan". The full area considered to be "Downtown Monticello"extends from Interstate I-94 to the Mississippi River, and generally from Cedar Street to Maple Street. The Embracing Downtown Plan was adopted as an appendix to the Comprehensive Plan. Changes in the retail marketplace overall, and more specifically market changes and reinvestments in downtown Monticello, have created a need to develop a new planning perspective for the core blocks of the downtown. This document therefore is an update to the 2008 Monticello Comprehensive Plan and to the Embracing Downtown Plan for the Downtown. This Plan will replace the Embracing Downtown plan as an appendix to the Comprehensive Plan. City of Monticello Downtown Small Area Plan I Executive Summary 0 Riverfront Riverfront Character Area: The and recomendations guidelines on this page pertain to the area colored on this diagram Perspective from Walnut street, looking across a redesigned West Bridge Park Despite being a town born on the River, the Downtown does not take great advantage of its unique location. Broadway is a block removed from the Riverfront and the main connection to the River, Walnut Street, ends in a staircase. The entry experience to Monticello from the north is mundane with vacant properties and a thick wall of trees that obscures potential views to public spaces and Downtown. The Riverfront Character Area will become a proud new public gathering space for Downtown Monticello that compliments Broadway and the full Monticello Park System. The Plan recommends redesigning the riverfront parks so they are more visible, accessible, active and flexible and promoting development that takes advantage of access to the river. A new park will be capable of handling larger crowds for events, and will be more accessible and usable on a daily basis with additional amenities and features designed for everyday use. The Plan promotes access to the riverfront by extending Walnut Street to connect to River Street. It will be designed as a multi- use street that can be closed for farmers markets, gatherings, and other events. The Plan recommends and leveraging public property of Block 52 to create a new signature development with market rate housing and a destination restaurant or entertainment use overlooking the park and the river. Public parking is maintained on Block 52 and added to River Street. existing _r Bridge Park River St Block 52 Broadway Site Sections Through Block 52 and West Bridge Park 0 Redesign Riverfront parks to ©Encourage new housing include more active events and surrounding the riverfront programming in West Bridge Park parks on vacant and (amphitheater, water feature, underutilized parcels concessions) and passive uses in Maintain and improve the east bridge park. 0 intersection at River Street 0 Add parking and sidewalks to and Pine Street. River Street 0 Improve the underpass of OStreet Reconnect Walnut Street to River design Pine Street at the River. with a that allows Walnut Street be for © Consider a seasonal bridge to used to the island to provide events and park expansion. additional recreational OWork with the private sector to activity to east and west create a signature development Bridge park on Block 52, with market rate housing and a restaurant that overlooks the Park Precedent Images City of Monticello Downtown Small Area Plan I Character Areas Block 52 Block 52 (Public ownership in blue) Block 52 is a key block in the Downtown. It is highly visible and it sits on the West Bridge Park. The site slopes approximately 15' from Broadway to River Street. Broadway and Walnut contain mercantile buildings of varying quality. River Street has vacant parcels and underutilized buildings. Active Frontage Flexible Frontage (either Active or Residential) Frontage And Ground Floor Uses Active frontages (high transparency) and uses (retail and restaurants) should be located on Broadway, Walnut, and the west half of River Street. The remainder of the block is flexible - it can have either residential or active frontages. Building Setback l� Pocket Park & Open Space Setbacks, Pocket Parks & Open Space Buildings should define the perimeter of the Block. Minor setbacks (5'-10') for overhangs, seating, and display of goods is permitted on Broadway and Walnut. A more generous setback is permitted on Pine due to traffic volumes and access. Attached corner plazas are encouraged on the northwest corner of the block and permitted on the northeast and southeast corners. Surface Parking Access Way Parking & Servicing Access to mid block parking is encouraged on Pine Street and Walnut St. Parking should have minimal exposure to Broadway, River or Walnut St but should be large enough to replace the existing public parking lot on the block and should be expandable if the south side of the block redevelops. Careful consideration should be given to visibility and access to parking from Pine St since that will be the primary access as the site will be approached from the Bridge. Extra signage or a turning lane may be required. t1 rTaik<1�1 %\ 00 E► Bred -� C a� dy ■ Options The two illustrations above show potential options for development on Block 52 - both adhering to the guidelines. The top illustration shows new development on Broadway, articulated at a Main Street scale, with a corner plaza and a covered pass through as a form of pocket park. The bottom illustration shows a single corner development on Broadway, with a pocket park. Approaching Downtown from the Bridge Block 52 is the Gateway Block to Downtown from the Bridge. It is important to create an easy way for visitors to access mid -block parking as they approach downtown. The image to the left shows the approach - with enhanced landscaping, a turn lane, and clear signage to direct drivers to parking mid -block. City of Monticello Downtown Small Area Plan I Character Areas N Planning Commission Agenda: 03/06/18 3A. Consideration of a report on purchase agreement for 112 West River Street for consistency with the City of Monticello Comprehensive Plan. (AS) A. REFERENCE AND BACKGROUND: The Planning Commission is asked to consider a recommendation finding that the acquisition of 112 West River Street by the City of Monticello Economic Development Authority is in conformance to the City's Comprehensive Plan. The acquisition includes a commercial building/property on a single parcel. It is being acquired for the direct purposes of supporting riverfront redevelopment as envisioned by the Downtown Small Area Plan. The property is located on the south side of River Street, central to the block (Block 52) and between Walnut and Pine Streets (TH25). The property is adjacent to the 103 Pine Street property to the east and the public parking lot to the West. Similar to the previous acquisition report, the parcel is guided "Downtown" within the Monticello Comprehensive Plan. The Comprehensive Plan adopts the Monticello Downtown Small Area Plan as the guiding document for downtown development and land use. The Downtown Small Area Plan specifically recommends leveraging the public property on this block to "create a new signature development with market rate housing and a destination restaurant or entertainment use overlooking the park and river" The plan views the area as key to the success of downtown revitalization, suggesting as an immediate Next Step and Implementation measure to "Aggressively market development opportunities such as Block 52 ...". In summary, the plan places a good deal of emphasis on Block 52, and this site area in specific, noting its importance to the success of redevelopment efforts in the downtown given its location on Pine Street, riverfront and Broadway. The acquisition site is currently zoned CCD, Central Community District, which is the City's downtown zoning district. There are zoning standard in place specific to the downtown, which are in the process of being updated. As is the case with the prior item for property acquisition, the EDA will work to market the acquisition area and intends to work with a developer and the City (which owns the Walnut Street public parking lot) to develop a project which maximizes the community's connection to the Mississippi River, ideally a mixed-use project including both residential and commercial components. The EDA will consider authorizing entering into a purchase agreement on the property at its March 14th regular meeting. The purchase agreement includes a reference to the Planning Commission's review. Planning Commission will note that the EDA has the authority to enter into purchase agreements for such acquisitions. The Commission's role is to provide a report to the EDA on the conformance of the acquisition to the adopted Comprehensive Plan. Planning Commission Agenda: 03/06/18 B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution PC -2018-009 finding that the proposed acquisition of certain land at 112 West River Street by the City of Monticello Economic Development Authority is consistent with the City of Monticello Comprehensive Plan for "Downtown" uses. 2. Motion of other. C. STAFF RECOMMENDATION: City staff supports Alternative #1 above. Acquisition of this property by the EDA is a key project in moving forward redevelopment on Block 52 as outlined within the Downtown Small Area Plan and Comprehensive Plan. Acquisition of these parcels by the EDA is in clear support of the Downtown Small Area Plan's goals for revitalization on the block, as the property connects the downtown directly to the River and future redevelopment on the site supports the plan's four main goals: 1. Become a River Town 2. Improve the Pine Street experience for all 3. Focus on small and medium investments 4. Shift the center of downtown to Broadway and Walnut D. SUPPORTING DATA: A. Resolution PC -2018-009 B. Aerial Image C. Monticello Comprehensive Plan, Chapter 3 — Land Use, Excerpts (see previous item exhibits) D. Monticello Downtown Small Area Plan — Excerpts (see previous item exhibits) 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2018-009 A RESOLUTION FINDING THAT THE PROPOSED ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF MONTICELLO'S COMPREHENSIVE PLAN WHEREAS, the City of Monticello Economic Development Authority (the "Authority") proposes to purchase certain property (the "Property") located at 112 West River Street in the City of Monticello (the "City"), designated as PID No. 155010052131, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning Commission to review the proposed acquisition or disposal of publicly -owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning Commission has reviewed the proposed acquisition of the Property, and has determined that the Property is guided "Downtown," zoned Central Community District, and designated for mixed commercial and multifamily residential uses within the City's comprehensive plan and Small Area Study, that the Authority's purpose is to redevelop the Property consistent with these uses, and that the proposed acquisition is therefore consistent with the City's comprehensive plan. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, that the acquisition of the Property by the Authority is consistent with the City's comprehensive municipal plan, and will promote the redevelopment of a portion of the downtown area of the City. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. Adopted this 6th day of March, 2018, by the Monticello Planning Commission. Chair, Monticello Planning Commission 518049v1 MNI MN325-38 r iqo R f0 •ob Planning Commission Agenda — 03/06/18 3C. Consideration of a review of draft Ordinance 3.7 - Floodplain Overlay District Ordinance (AS) The following staff report and supporting information was provided to the Planning Commission in February and is provided again for guidance to the Commission. At the March meeting, staff is requesting questions and comment on the draft ordinance in order to prepare the final draft for public hearing. The Planning Commission is asked to review a draft ordinance for the Floodplain Overlay District. At this time, the draft ordinance is presented for Commission question and comment. A public hearing is required for the final ordinance amendment and will be held at a later date. The City is required to update the Floodplain Overlay District ordinance in conjunction with the Federal Emergency Management Agency's in -progress update of Wright County's flood hazard determination maps. Beginning in 2011, the Federal Emergency Management Agency (FEMA) began working with Wright County on an update to existing flood hazard determination mapping. The current FIRM panels applicable to the community are dated 1979 and 1981. In 2017, the City received notice for review and comment on the updated Preliminary Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report. At the time that FEMA is ready to adopt the final FIRM and FIS, it will issue a Final Letter of Determination, which serves as notice for the effective dates of the maps and study. The City must adopt an updated floodplain ordinance consistent with the statutes and rules for floodplain management prior to the date the maps and study become effective in order to remain in the National Flood Insurance Program (NFIP). In response to the 2017 notice for review of preliminary FIRM and FIS, City of Monticello staff began working with property owners to understand the proposed maps, as well as to develop floodplain ordinance language as required. In late 2017, the City was notified that the Preliminary Flood Insurance Rate Map and Study are currently undergoing an additional review. Another update will be sent out for community review prior to the Final Letter of Determination and adoption. This is anticipated to occur in the second half of 2018. However, in order to be prepared for what will likely be the final review and notice period, City staff are proceeding with the ordinance review and hearing process at this time. A draft Floodplain Overlay District ordinance has been prepared which follows closely the model ordinance provided by the Department of Natural Resources. The DNR provides assistance and technical staff support to communities as they work to manage and regulate the floodplain. Monticello's Floodplain Overlay District ordinance must be Planning Commission Agenda — 03/06/18 certified by the DNR. As such, it is recommended that the City follow the model as closely as possible. Staff has provided a number of resources for the Planning Commission's understanding of the floodplain and the floodplain ordinance. • Floodplains & Floodplain Management information sheet: Provided by the MN DNR, this resource provides an overview of the floodplain, including a clear description of what is considered the "floodplain". • Current Floodplain Overlay map: Illustrates the current limits of the floodplain in Monticello based on existing FIRM (dated 1979 and 1981). • Link to FEMA "Firmettes": This system allows the Commission to look in more detail at Monticello's floodplain areas as they are currently adopted in FIRM panels (dated 1979 and 1981). • Notice of preliminary flood hazard mapping and study: provides a link to the proposed FIRM for Wright County. • Draft Floodplain Overlay District ordinance: Draft ordinance following the DNR model ordinance. Language which is new or revised from Monticello's current ordinance has been highlighted in yellow. • Chapter 18 — Floodplain: Existing applicable ordinance, adopted without amendment in 2010 re -codification. Staff is presenting the draft ordinance as an introduction to the process of the FIRM and ordinance update. As Planning Commission will likely have a number of questions on the material, staff is providing the material as a basis for questions and comment prior to moving forward with DNR review of the draft and public hearing. WSB & Associates engineer Katy Thompson will be present at the March regular meeting to answer any questions of the Commission. Ms. Thompson will address more detailed or technical question of the commission as related to the floodplain and map/ordinance update process. B. ALTERNATIVE ACTIONS No action required. It is requested that the Commission review the ordinance in detail and prepare questions and comments for staff response in March. It is anticipated that a public hearing will be held in April or May of 2018. C. STAFF RECOMMENDATION While amendment of the Floodplain ordinance consistent with statute and rules changes is required, it sis staff's goal that the Commission has a clear understanding of the floodplain and ordinance regulations as they apply to Monticello. 2 Planning Commission Agenda — 03/06/18 D. SUPPORTING DATA A. Floodplains & Floodplain Management B. Official Zoning Map — Shoreland & Floodplain Overlay C. Link to FEMA "Firmettes": hgps://msc.fema.gov/portal D. Notice for Draft Floodplain Overlay District Ordinance E. Draft Ordinance No #6XX: Floodplain Overlay District F. Chapter 18 — Floodplain: Existing applicable ordinance, adopted without amendment in 2010 re -codification. 3 DNR i Waters Definitions floodplain: Any normally dry land area susceptible to surface -water flooding. 100 -year flood: A flood that has a 1 - percent chance of being equaled or ex- ceeded in any year. floodway: The river channel and that portion of the floodplain required to pass 100 -year floodwaters without increasing the water surface elevation more than a designated height (6 inches in Minnesota) flood fringe: The portions of the 100 -year floodplain outside the floodway but still subject to flooding. Federal Emergency Management Agency (FEMA): Agency whose mission is to reduce loss of life and property and protect critical infrastructure from hazards. Flood Insurance Rate Map (FIRM): The official map on which FEMA has delineated the areas of special flood hazards. It is used to determine flood insurance premiums. What are floodplains? Floodplains are areas susceptible to flooding that are adjacent to rivers, streams, and lakes. In flat areas, the floodplain can extend more than a mile from the flooding source. Floodplains can also be the normally dry areas adjacent to wetlands, small ponds, or other low areas that cannot drain as quickly as the rain falls. A smaller area might be covered by floods every other year, on average (50 -percent chance or 2 -year floodplain), but a larger area will be covered by the flood that has a 0.2 -percent chance of happening in a given year (the 500 -year flood). The 1 -percent chance (or 100 -year) flood is the standard for Minnesota and federal minimum regulations. There is a 1 -percent chance of this flood level being equaled or exceeded in any given year. The 100 -year floodplain is the land adjoining lakes and rivers that would be covered by the 1 -percent chance (or 100 - year) flood. Along large rivers, like the Mississippi River or Red River of the North, floodplains usually are flooded during spring after heavy snow seasons. On these and other floodplains, flooding can also result from intense rains. In fact, climatologists have seen a trend toward a greater percentage of the total annual precipitation coming during the intense rains that can cause flooding. In areas with small streams or ponds, flooding can occur within hours of the intense rain. On the larger rivers and lakes, there may be days of warning. How are floodplains managed? Local units of government identify permitted land uses through zoning regulations. Floodplain management regulations are also administered by local zoning authorities. If you want information about permitted land uses on a floodplain within the municipal boundary, check with your city zoning authority. If you are in a rural area, check with your county zoning office. DNR Waters and Federal Emergency Management Agency (FEMA) staffs may assist local officials, especially on complicated issues, but the permitting decisions are made locally. Special Flood Hazard Areas (SFHA): Areas in a community that have been If your community has a FEMA Flood Insurance Rate Map (FIRM) that identified on FEMA maps as susceptible to shows flood -prone areas, your community should have enrolled in the a 100 -year flood. National Flood Insurance Program (NFIP) and adopted zoning regulations to National Flood Insurance Program (NFIP): Program under which communi- ties are eligible for federal flood insurance if they enroll in the NFIP and administer floodplain management regulations. Information Links Series of information sheets related to floodplain management: www.dnr.state.mn.us/publications/waters Flood insurance information: www.floodsmart.gov FEMA website: www.fema.gov September 2006 Page I of 2 manage land uses in the mapped floodplain. The community's floodplain management regulations must include the minimum federal and state regulations, but can be more restrictive. Most communities adopt a state model that has incorporated the minimum federal and state regulations. The minimum federal and state regulations are enforced in the 1 -percent chance (100 - year) floodplain that is mapped on the FIRM for the community. Local zoning regulations also identify permitted land uses in the floodway and flood fringe portions of the 1 -percent chance (100 -year) floodplain. In the floodway portion, high -velocity floodwaters are expected so most types of development are prohibited. In the flood fringe portion of the floodplain, where the backwater or low-velocity floodwaters occur, development is allowed if it meets standards such as elevating on fill or floodproofing to reduce damage when there is a flood. Check with your local zoning authority to find out which floodplains are regulated. Local zoning authorities often have more restrictive regulations than the federal and state minimum. They might regulate activities in the 500 -year floodplain, instead of NK„ ex � Rd Loft CRM COUP". `arv=anh nOliY ana,iti r, 'tee x er ix i� e - - `r------- Sample FEMA Flood Insurance Rate Map (FIRM). Flood insurance is required in shaded areas. Flood insurance is available for any location in or out of the shaded area if the community is a participant in the National Flood Insurance Program. Sometimes areas above the flood elevation are shown as flood prone on these maps. This is usually due to lack of detailed elevation information to accurately locate bound- aries of the floodplain. FEMA has processes (letter of map amendment; letter of map revision based on fill) to apply for corrections to the map when better information is available for the site. DNR Contact Information Minnesota DNR Waters website lists Area Hydrologists: www.dnr.state.mn.us/waters DNR Waters in St. Paul: 500 Lafayette Road DEPAMM3ITOF St. Paul, MN 55155-4032 UTURALKSONCEs (651) 259-5700 dust the 1 -percent chance (100 -year) floodplain, especially for essential services such as hospitals, fire stations, and prisons, or for locating hazardous waste sites. They also may have a local water plan that identifies the local ponds and low spots that would be flooded as a result of an intense rain and may require houses to stay above those areas. The FEMA maps usually show floodplains associated with rivers, streams, and large lakes, but the community may also regulate these locally identified areas as high flooding risks. Flood insurance requirements If you intend to obtain a loan from a federally regulated lender (like most mortgage lenders), the lender MUST require you to have flood insurance if your home is in the Special Flood Hazard Area (SFHA)—the 1 -percent chance (100 -year) floodplain. Lenders face penalties and fines if properties in these areas mapped as flood prone are not covered by a flood insurance policy. If your community is enrolled in the National Flood Insurance Program (NFIP), you can buy flood insurance. More than 93 percent of Minnesotans are in communities participating in the NFIP and can buy flood insurance. A common myth is that you can only buy flood insurance if you are in the floodplain on the FEMA Flood Insurance Rate Maps. The fact is that anyone in a participating community can buy flood insurance, and that the flood insurance is much less expen- sive if you are not in a floodplain mapped by FEMA. DNR Information Center Twin Cities: (651) 296-6157 Minnesota toll free: 1-888-646-6367 Telecommunication device for the deaf (TDD): (651) 296-5484 TDD toll free: 1-800-657-3929 This information is available in an alternative format on request. Equal opportunity to participate in and benefit from programs of the Minne- sota Department of Natural Resources is available regardless of race, color, national origin, sex, sexual orientation, marital status, status with regard to public assistance, age, or disability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155-4031; or the Equal Opportunity Office, Department of the Interior, Washington, DC 20240. September 2006 Page 2 of 2 DEPARTMENT OF HOMELAND SECIURITY FEDERAL EMERGENCY MANAGEMENT AGENCY Proposed Flood Hazard Determinations for Wright County, Minnesota and Incorporated Areas The Department of Homeland Security's Federal Emergency Management Agency has issued a preliminary Flood Insurance Rate Map (FIRM), and where applicable, Flood Insurance Study (FIS) report, reflecting proposed flood hazard determinations within Wright County, Minnesota and Incorporated Areas. These flood hazard determinations may include the addition or modification of Base Flood Elevations, base flood depths, Special Flood Hazard Area boundaries or zone designations, or the regulatory floodway. Technical information or comments are solicited on the proposed flood hazard determinations shown on the preliminary FIRM and/or FIS report for Wright County, Minnesota and Incorporated Areas. These flood hazard determinations are the basis for the floodplain management measures that your community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program. However, before these determinations are effective for floodplain management purposes, you will be provided an opportunity to appeal the proposed information. For information on the statutory 90 -day period provided for appeals, as well as a complete listing of the communities affected and the locations where copies of the FIRM are available for review, please visit FEMA's website at www.fema.gov/plan/prevent/flun/bfe, or call the FEMA Map Information eXchange (FMIX) toll free at 1 -877 -FEMA MAP (1-877-336-2627). �pGP 4362/8 Federal Register / Vol. 81, No. 128/Tuesday, July 5, 2016/Notices implemented pursuant to section 428 of the Stafford Act. Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, William J. Doran III, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster. The following areas of the State of Texas have been designated as adversely affected by this major disaster: Austin, Brazoria, Brazos, Fort Bend, Grimes, Hidalgo, Hood, Montgomery, San Jacinto, Travis, Waller, and Washington Counties for Individual Assistance. Austin, Brazoria, Brazos, Fort Bend, Grimes, Hidalgo, Hood, Montgomery, San Jacinto, Travis, Waller, and Washington Counties for emergency protective measures (Category B), including direct federal assistance, under the Public Assistance program. All areas within the State of Texas are eligible for assistance under the Hazard Mitigation Grant Program. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2016-15753 Filed 7-1-16; 8:45 am] BILLING CODE 9111-23-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA -2016-0002; Internal Agency Docket No. FEMA—B-1627] Proposed Flood Hazard Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. DATES: Comments are to be submitted on or before October 3, 2016. ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report for each community are available for inspection at both the online location and the respective Community Map Repository address listed in the tables below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison. You may submit comments, identified by Docket No. FEMA -B-1627, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) patrick.sacbibit@fema.dhs.gov. FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) patrick.sacbibit@fema.dhs.gov, or visit the FEMA Map Information eXchange (FMIX) online at www. floodmaps. fema.gov/fhm/ fnv main.html. SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard determinations for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective. The communities affected by the flood hazard determinations are provided in the tables below. Any request for reconsideration of the revised flood hazard information shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations also will be considered before the FIRM and FIS report become effective. Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP only may be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at http://floodsrp.orglpdfsl srp_fact sheet.pdf. Federal Register/Vol. 81, No. 128/Tuesday, July 5, 2016/Notices 43629 The watersheds and/or communities Preliminary studies, the studies can be (Catalog of Federal Domestic Assistance No. affected are listed in the tables below. identified by the unique project number 97.022, "Flood Insurance.") The Preliminary FIRM, and where and Preliminary FIRM date listed in the Dated: May 19, 2016. applicable, FIS report for each tables. Additionally, the current Roy E. Wright, community are available for inspection effective FIRM and FIS report for each Deputy Associate Administratorfor Insurance at both the online location and the community are accessible online and Mitigation, Department of Homeland respective Community Map Repository through the FEMA Map Service Center Security, Federal Emergency Management address listed in the tables. For at www.msc. fema.gov for comparison. Agency. communities with multiple ongoing City Hall, 13400 90th Street Northeast, Otsego, MN 55330. I. Non -watershed -based studies: Community City of Waverly......................................................................................... Community map repository address Sacramento County, California, and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 15-09-2391S Preliminary Date: February 26, 2016 Unincorporated Areas of Sacramento County ......................................... Municipal Services Agency, Department of Water Resources, 827 7th Street, Suite 301, Sacramento, CA 95814. Wright County, Minnesota, and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 08-05-4043S Preliminary Date: June 22, 2011 City of Buffalo........................................................................................... Administration Office, 212 Central Avenue, Buffalo, MN 55313. City of Clearwater..................................................................................... City Hall, 605 County Road 75, Clearwater, MN 55320. City of Cokato........................................................................................... City Clerk Office, 255 Broadway Avenue South, Cokato, MN 55321. City of Delano........................................................................................... City Hall, 234 North 2nd Street, Delano, MN 55328. City of Maple Lake................................................................................... City Hall, 10 Maple Avenue South, Maple Lake, MN 55358. City of Monticello...................................................................................... City Hall, 505 Walnut Street, Suite One, Monticello, MN 55362. City of Montrose....................................................................................... City Hall, 311 Buffalo Avenue South, Montrose, MN 55363. City of Otsego........................................................................................... City Hall, 13400 90th Street Northeast, Otsego, MN 55330. City of St. Michael.................................................................................... City Hall, 11800 Town Center Drive Northeast, St. Michael, MN 55376. City of Waverly......................................................................................... City Hall, 502 Atlantic Avenue, Waverly, MN 55390. Unincorporated Areas of Wright County .................................................. Wright County Government Center, 10 2nd Street Northwest, Buffalo, MN 55313. Muskingum County, Ohio, and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 11-05-2523S Preliminary Date: September 18, 2015 Unincorporated Areas of Muskingum County .......................................... Mapping Department, 401 Main Street, Zanesville, OH 43701. Village of Roseville................................................................................... Municipal Building, 107 North Main Street, Roseville, OH 43777. Perry County, Ohio, and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 11-05-2523S Preliminary Date: September 18, 2015 Unincorporated Areas of Perry County .................................................... County Offices, 109-A East Gay Street, Somerset, OH 43783. [FR Doc. 2016-15767 Filed 7-1-16; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR- 5921—N-08] Privacy Act of 1974; Notice of a Computer Matching Program Between the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) AGENCY: Office of Administration, HUD. ACTION: Notice of a Computer Matching Program between HUD and DOJ. SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988 (Public Law 100-503), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989); and OMB Bulletin 89-22, "Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public," HUD is issuing a public notice of its intent to conduct a recurring computer matching program with DOJ for the purpose of incorporating DOJ debtor files into the Credit Alert Verification Reporting System (CAIVRS), which is a HUD computer information system. DATES: Effective Date: The effective date of the matching program shall begin August 4, 2016, or at least 40 days from the date that copies of the Computer Matching Agreement, signed by both HUD and DOJ Data Integrity Boards (DIBs), are sent to OMB and Congress, 3.7 — FLOODPLAIN OVERLAY DISTRICT (A) Statutory Authorization, Findings of Fact and Purpose (1) Statutory Authorization The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows. (2) Purpose (a) This ordinance regulates development in the flood hazard areas of the city of Monticello. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (b) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (c) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (B) General Provisions (1) Lands to Which Ordinance Applies This ordinance applies to all lands within the jurisdiction of the city of Monticello within the boundaries of the Floodway and Flood Fringe Districts. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with below. (a) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. (b) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits. (c) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. (2) Incorporation of Maps by Reference The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance: • Currently effective Flood Insurance Study: o City of Monticello, Minnesota, dated May 1979 o Wright County Minnesota unincorporated areas, dated 8/18/1992 • Currently effective Flood Insurance Rate Map panels enumerated below: o City of Monticello, Panel 2705410005B, effective 11/1/1979 o Wright County, Minnesota Panel 2705340018C, effective 8/18/1992 o Wright County, Minnesota Panel 2705340015B, effective 8/4/1988 • Currently effective Flood Boundary and Floodway Map panels enumerated below: o City of Monticello, Panel 270541000113, effective 11/1/1979 o City of Monticello, Panel 270541000213, effective 11/1/1979 o City of Monticello, Panel 2705410003B, effective 11/1/1979 • Preliminary Flood Insurance Study: o Wright County Minnesota and Incorporated Areas, dated 6/22/2011 • Preliminary Flood Insurance Rate Map panels enumerated below: o Wright County, Minnesota Panel 27171C01551), dated 6/22/2011 o Wright County, Minnesota Panel 27171 CO 1601), dated 6/22/2011 o Wright County, Minnesota Panel 27171 CO 1651), dated 6/22/2011 o Wright County, Minnesota Panel 27171 CO 1701), dated 6/22/2011 o Wright County, Minnesota Panel 27171 CO 1901), dated 6/22/2011 For any instance where the effective and preliminary maps conflict, the more restrictive map shall apply. These materials are on file in the City Clerk's Office, City of Monticello City Hall. (3) Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (4) Warning and Disclaimer of Liability This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of Monticello or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (5) Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. (6) Definitions Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. (a) Accessory Use or Structure A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (b) Base Flood The flood having a one percent chance of being equaled or exceeded in any given year. (c) Base Flood Elevation The elevation of the "regional flood." The term "base flood elevation" is used is used in the flood insurance survey. (d) Basement Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (e) Conditional Use A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (i) Certain conditions as detailed in the zoning ordinance exist. (ii) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (f) Critical Facilities Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water -reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. (g) Development Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. (h) Equal Degree of Encroachment A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (i) Farm Fence A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. (j) Flood A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. (k) Flood Frequency The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (1) Flood Fringe The portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Wright County, Minnesota. (m) Flood Insurance Rate Map An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). (n) Flood Prone Area Any land susceptible to being inundated by water from any source. (o) Floodplain The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (p) Floodproofing A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (q) Floodway The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. (r) Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 Code of Federal Regulations, Part 60.3. (s) Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (t) New Construction Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. (u) Obstruction Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (v) One Hundred Year Floodplain Lands inundated by the "Regional Flood" (see definition). (w) Principal Use or Structure All uses or structures that are not accessory uses or structures. (x) Reach A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (y) Recreational Vehicle A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." (z) Regional Flood A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (aa) Regulatory Flood Protection Elevation (RFPE) An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (bb) Repetitive Loss Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. (cc) Special Flood Hazard Area A term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." (dd) Start of Construction Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (ee) Structure Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section _ of this ordinance and other similar items. (ff) Substantial Damage Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (gg) Substantial Improvement Within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (i) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (ii) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. (7) Annexations The Flood Insurance Rate Map panels adopted by reference into Section above may include floodplain areas that lie outside of the corporate boundaries of the city of Monticello at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the city of Monticello after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance (C) Establishment of Floodplain Districts (1) Districts (a) Floodway District - The Floodway District includes those areas within Zones AE, A2, A7 delineated within floodway areas as shown on the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted in Section (b) Flood Fringe District - The Flood Fringe District includes areas within Zones AE, A2, A7 on the Flood Insurance Rate Map and Flood Boundary and Floodway Maps adopted in Section _, but located outside of the floodway. (c) Reserved for General Floodplain District (2) Applicability Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections _ or —will apply, depending on the location of a property. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section apply unless the floodway boundary is determined, according to the process outlined in Section . (OPTIONAL: INSERT COMPLIANCE LANGUAGE FROM CURRENT CHAPTER 18) (D) Requirements for All Floodplain Districts (1) Permit Required (a) A permit must be obtained from the Zoning Administrator to verify a development meets the standards outlined in this ordinance prior to conducting the following activities: (i) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (ii) The construction of a dam, on-site septic system, or fence, although a permit is not required for a farm fence as defined in this ordinance. (iii) The change or extension of a nonconforming use. (iv) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (v) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (vi) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (vii) Any other type of "development' as defined in this ordinance. (2) Building Sites (a) If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (i) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (ii) Constructed with materials and utility equipment resistant to flood damage; (iii) Constructed by methods and practices that minimize flood damage; and (iv) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (3) Flood Capacity In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. (4) Other (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Critical Facilities, as defined in Section 2.616, are prohibited in all floodplain districts. (E) Floodway District (FR) (1) Permitted Uses The following uses, subject to the standards set forth in Section 5.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (a) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting. (b) Industrial -commercial loading areas, parking areas, and airport landing strips. (c) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. (d) Residential yards, lawns, gardens, parking areas, and play areas. (e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. (2) Standards for Floodway Permitted Uses (a) The use must have a low flood damage potential. (b) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (d) The use must be allowable in the underlying zoning district. (3) Conditional Uses The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 11 of this ordinance and further subject to the standards set forth in Section 5.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. (a) Structures accessory to the uses listed in 5.11 — 5.13 above and the uses listed in 5.32 - 5.33 below (b) Extraction, fill and storage of soil, sand, gravel, and other materials. (c) Marinas, boat rentals, permanent docks, piers, wharves, and water control structures. (d) Storage yards for equipment, machinery, or materials. (e) Construction of fences that obstruct flood flows. Farm fences, as defined in section 2.619, are permitted uses. (f) Travel -ready recreational vehicles meeting the exception standards in Section 10.22. (g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. (4) Standards for Floodway Conditional Uses (a) All Uses A conditional use must not cause any increase in the regional flood elevations or cause an increase in flood damages in the reach or reaches affected. (b) Fill; Storage of Materials and Equipment (i) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (ii) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City of Monticello has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. (c) Accessory Structures Accessory structures, as identified in Section 5.3 1, may be permitted, provided that: (i) Structures are not intended for human habitation; (ii) Structures will have a low flood damage potential; (iii) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (iv) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (v) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FPI or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (vi) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: 1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. (e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1 % chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. (f) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (F) Flood Fringe District (FF) (1) Permitted Uses Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 6.2. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. (2) Standards for Flood Fringe Permitted Uses All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (a) Accessory Structures As an alternative to the fill requirements of section 6.211, structures accessory to the uses identified in Section 6.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (i) The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (ii) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation (iii) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: 1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (b) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 6.211 of this ordinance, or if allowed as a conditional use under Section 6.33 below. (c) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (d) All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. (e) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (f) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City of Monticello. (g) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (h) Manufactured homes and recreational vehicles must meet the standards of Section 10 of this ordinance. (3) Conditional Uses Uses which are considered conditional uses within the underlying zoning district are considered conditional uses for the purposes of this ordinance and must comply with the review requirements of Section The following uses and activities may also be allowed as conditional uses as a principal or accessory use only if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 11.4 of this ordinance. (a) Storage of any material or equipment below the regulatory flood protection elevation. (b) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 6.211 of this ordinance. (c) (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above -grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 6.46. (4) Standards for Flood Fringe Conditional Uses: (a) The standards listed in Sections 6.214 through 6.219 apply to all conditional uses. (b) Residential basements, as defined by Section 2.614 of this ordinance, are not allowed below the regulatory flood protection elevation. (c) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, meeting the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (i) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (ii) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the (Governing Body). (iii) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. (f) (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if. 1) the enclosed area is above - grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (i) Design and Certification - The structure's design and as -built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Structure shall be subject to a nonconversion agreement with upon the issuance of any permit. (ii) Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (G) Reserved for General Floodplain District (I) Subdivision Standards (1) Subdivisions No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. (a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. (OPTIONAL: Insert language from current Chapter 18 for water and sewer requirement) (b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City of Monticello. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. (c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. ■ (e) Subdivision proposals must be reviewed to assure that: (i) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (ii) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) Adequate drainage is provided to reduce exposure of flood hazard. (I) Public Utilities, Railroads, Roads, and Bridges (1) Public Utilities All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be flood proofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (2) Public Transportation Facilities Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (3) On-site Water Supply and Sewage Treatment Systems Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. (J) Manufactured Homes and Recreational Vehicles (1) Manufactured Homes New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: (a) Placement or replacement of manufactured home units is prohibited in the Floodway District. (b) Placement or replacement of manufactured home units in the Flood Fringe District is subject to the requirements of Section 6 of this ordinance and the following standards. (i) New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (ii) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 8.12 of this ordinance. (2) Recreational Vehicles New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the requirements below. (a) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 10.22: (i) Individual lots or parcels of record. (ii) Existing commercial recreational vehicle parks or campgrounds. (iii) Existing condominium -type associations. (b) Criteria for Exempt Recreational Vehicles: (i) The vehicle must have a current license required for highway use. (ii) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (iii) No permanent structural type additions may be attached to the vehicle. (iv) Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in Sections 4.2 and 6.212. (K) Administration (1) Duties A Zoning Administrator or other official designated by the City of Monticello must administer and enforce this ordinance. (2) Permit Application Requirements: (a) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (i) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (ii) Location of fill or storage of materials in relation to the stream channel. (iii) Copies of any required municipal, county, state or federal permits or approvals. (iv) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (b) Certification The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. Accessory structures designed in accordance with Section 6.212 of this ordinance are exempt from certification, provided sufficient documentation is provided. (OPTIONAL: Insert Monticello requirement for construction per permit Per current Chapter 18) (c) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. (d) Record of First Floor Elevation The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. (e) Notifications for Watercourse Alterations Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (f) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (3) Variances (a) Variance Applications An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable State Statutes and Section(s) of the zoning ordinance/code. (b) Adherence to State Floodplain Management Standards A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (c) Additional Variance Criteria The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (i) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (ii) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (iii) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Flood Insurance Notice The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (e) General Considerations The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (i) The potential danger of life and property due to increased flood heights or velocities caused by encroachments; (ii) The danger that materials may be swept onto other lands or downstream to the injury of others; (iii) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (iv) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (v) The importance of the services to be provided by the proposed use to the community; (vi) The requirements of the facility for a waterfront location; (vii) The availability of viable alternative locations for the proposed use that are not subject to flooding; (viii)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (ix) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (x) The safety of access to the property in times of flood for ordinary and emergency vehicles; (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (f) Submittal of Hearing Notices to the Department of Natural Resources (DNR) The (designated body/community official) must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (g) Submittal of Final Decisions to the DNR A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (h) Record -Keeping The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (13) Conditional Uses: (a) Administrative Review An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) of the zoning ordinance/code. (b) Factors Used in Decision -Making In passing upon conditional use applications, the (Governing Body) must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. (c) Conditions Attached to Conditional Use Permits The (Governing Body) may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (i) Modification of waste treatment and water supply facilities. (ii) Limitations on period of use, occupancy, and operation. (iii) Imposition of operational controls, sureties, and deed restrictions. (iv) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (v) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (d) Submittal of Hearing Notices to the Department of Natural Resources (DNR) The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (e) Submittal of Hearing Notices to the Department of Natural Resources (DNR) The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (f) Submittal of Final Decisions to the DNR A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (L) Nonconformities (1) Continuance of Nonconformities A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.643(b) of this ordinance, are subject to the provisions of Sections 12.11 — 12.16 of this ordinance. (a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 12.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (b) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 12.14 below. (c) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. (d) If any structure experiences a substantial improvement as defined in this ordinance, then the entire structure must meet the standards of Section 5.0 or 6.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50 percent of the market value of any nonconforming structure, the entire structure must meet the standards of Section 5.0 or 6.0 of this ordinance. (e) If any nonconformity is substantially damaged, as defined in this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (f) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.638 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. (M) Violations and Penalties (1) Violation Constitutes a Misdemeanor Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (2) Other Lawful Action Nothing in this ordinance restricts the city of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. (3) Enforcement Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) of the zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning Administrator and (Governing Body) may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the - fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city of Monticello must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (N) Amendments (1) Floodplain Designation — Restrictions on Removal The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (2) Amendments Require DNR Approval All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (3) Map Revisions Require Ordinance Amendments The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.2 of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. Adopted by the Monticello City Council This of , (Day) (Month) (Year) Attest: , County Board Chairperson/Mayor (Name of Elected Official) Attest: , County Administrator/City Clerk (Name of Community Official) Stamp with Community Seal: CHAPTER 18 FLOOD PLAIN MANAGEMENT ORDINANCE SECTION: 18-1: Statutory Authorization, Findings of Fact, and Purpose 18-2: General Provisions 18-3: Establishment of Zoning Districts 18-4: Floodway District (FW) 18-5: Flood Fringe District (FF) 18-6: Reserved for Future Use 18-7: 18-8: 18-9: 18-10: 18-11: 18-12: 18-13: 18-1 18-2 Subdivisions Utilities, Railroads, Roads, and Bridges Manufactured Homes/Travel Trailers and Travel Vehicles Administration Nonconforming Uses Penalties for Violation Amendments STATUTORY AUTHORIZATION FINDINGS OF FACT AND PURPOSE: [A] STATUTORY AUTHORIZATION: The legislature of the State of Minnesota has, in Minnesota Statutes, Chapters 104 and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows: [B] FINDING OF FACT: 1. The flood hazard areas of Monticello, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. [C] STATEMENT OF PURPOSE: It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section [B] 1 by provisions contained herein. GENERAL PROVISIONS: MONTICELLO ZONING ORDINANCE 18/1 [A] LANDS TO WHICH ORDINANCE APPLIES: This ordinance shall apply to all lands within the jurisdiction of Monticello shown on the official zoning map and/or attachments thereto as being located within the boundaries of the floodway or flood fringe districts. [B] ESTABLISHMENT OF OFFICIAL ZONING MAP: The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the city of Monticello prepared by the Federal Insurance Administration dated May 1979, the Flood Boundary and Floodway Map dated November 1979, and the Flood Insurance Rate Map dated November 1979 therein. The official zoning map shall be on file in the office of the City Administrator and the Zoning Administrator. [C] REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. [D] INTERPRETATION: 1. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence. [E] ABROGATION AND GREATER RESTRICTIONS: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. [F] WARNING AND DISCLAIMER OF LIABILITY: This ordinance does not imply that areas outside the flood plain districts or land uses permitted within MONTICELLO ZONING ORDINANCE 18/2 [G] [H] such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Monticello or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SEVERABILITY: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. DEFINITIONS: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. 1. ACCESSORY USE OR STRUCTURE --A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. BASEMENT --means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 3. CONDITIONAL USE --means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) certain conditions as detailed in the zoning ordinance exist, and (b) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 4. EQUAL DEGREE OF ENCROACHMENT --A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 5. FLOOD --A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 6. FLOOD FREQUENCY --The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. MONTICELLO ZONING ORDINANCE 18/3 7. FLOOD FRINGE --That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the city of Monticello. 8. FLOOD PLAIN --The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. 9. FLOOD -PROOFING --A combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 10. FLOODWAY--The bed of wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 11. OBSTRUCTION --Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 12. PRINCIPAL USE OR STRUCTURE --means all uses or structures that are not accessory uses or structures. 13. REACH --A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 14. REGIONAL FLOOD --A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 15. REGULATORY FLOOD PROTECTION ELEVATION --The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 16. STRUCTURE --anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured MONTICELLO ZONING ORDINANCE 18/4 homes, travel trailers, vehicles not meeting the exemption criteria specified in Section 9 [C] 1 of the ordinance, and other similar items. 17. VARIANCE --means a modification of a specific permitted development standard required in an official control, including this ordinance, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 18-3: ESTABLISHMENT OF ZONING DISTRICTS: [A] DISTRICTS: 1. FLOODWAY DISTRICT: The floodway district shall include those areas designated as floodway on the flood boundary and floodway map adopted in Section 2 [B]. 2. FLOOD FRINGE DISTRICT: The flood fringe district shall include those areas designated as floodway fringe on the flood boundary and floodway map adopted in Section 2 [B]. [B] COMPLIANCE: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses in Sections 4, 5, and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 1. New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance and specifically Section 9; 2. Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 11; and 3. As -built elevations for elevated or flood -proofed structures must be certified by ground surveys, and flood -proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10 of this ordinance. 18-4: FLOODWAY DISTRICT (FW) [A] PERMITTED USES: MONTICELLO ZONING ORDINANCE 18/5 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial -commercial loading areas, parking areas, and airport landing strips. 3. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. [B] STANDARDS FOR FLOODWAY PERMITTED USES: 1. The use shall have a low flood damage potential. 2. The use shall be permissible in the underlying zoning district if one exists. 3. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment. [C] CONDITIONAL USES: 1. Structures accessory to the uses listed in 4 [A] above and the uses listed in 4 [C]2 - 4 [C]8 below. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, streets, bridges, utility transmission lines, and pipelines. 5. Storage yards for equipment, machinery, or materials. 6. Placement of fill. 7. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9 [C] of this ordinance. 8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees, or dikes where the intent is to protect MONTICELLO ZONING ORDINANCE 18/6 agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. [D] STANDARDS FOR FLOODWAY CONDITIONAL USES: 1. ALL USES. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. All floodway conditional uses shall be subject to the procedures and standards contained in Section 10 [D] of this ordinance. 3. The conditional use shall be permissible in the underlying zoning district if one exists. 4. FILL: (a) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 5. ACCESSORY STRUCTURES: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. MONTICELLO ZONING ORDINANCE 18/7 Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and ii. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood -proofed in accordance with the FP -1 or FP -2 flood -proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood -proofed to the FP -3 or FP -4 flood -proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood -proofed accessory structures must meet the following additional standards as appropriate: The structure must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and ii. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood -proofed. 6. STORAGE OF MATERIALS AND EQUIPMENT: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available with a plan approved by the governing body. 7. Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 8. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood, and the technical MONTICELLO ZONING ORDINANCE 18/8 analysis must assume equal conveyance or storage loss on both sides of a stream. 18-5: FLOOD FRINGE DISTRICT (FF) [A] PERMITTED USES: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for flood fringe "permitted uses" listed in Section 5 [B] and the standards for all flood fringe "permitted and conditional uses" listed in Section 5 [E]. [B] STANDARDS FOR FLOOD FRINGE PERMITTED USES: 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation, and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood - proofed in accordance with Section 4 [D]5(c). 3. The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section [B] 1 of this ordinance. 4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. 5. The provisions of Section 5 [E] of this ordinance shall apply. [C] CONDITIONAL USES: Any structure that is not elevated on fill or flood -proofed in accordance with Section 5 [B] 1 - 5 [B]2, or any use of land that does not comply with the standards in Section 5 [B]3 - 5 [B]4 shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5 [D] - 5 [E] and 10 [D] of this ordinance. MONTICELLO ZONING ORDINANCE 18/9 [D] STANDARDS FOR FLOOD FRINGE CONDITIONAL USES: 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck -under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if- (a) £ (a) the enclosed area is above grade on at least one side of the structure; (b) is designed to internally flood and is constructed with flood resistant materials; and (c) is used solely for parking of vehicles, building access, or storage. The above -noted alternative elevation methods are subject to the following additional standards: Design and Certification --The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating ventilation, plumbing, and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. ii. Specific Standards for Above -Grade, Enclosed Areas--Above-grade, fully enclosed areas such as crawl spaces or tuck -under garages must be designed to internally flood, and the design plans must stipulate: (aa) The minimum area of opening in the walls where internal flooding is to be used as a flood -proofing technique. When openings are placed in a structure's walls to provide for entry of flood water to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood water. (bb) That the enclosed area will be designed of flood MONTICELLO ZONING ORDINANCE 18/10 resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage. 2. Basements, as defined by Section 2 [H]2 of this ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood -proofed in accordance with Section 5 [D]3 of this ordinance. 3. All other areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood -proofed in accordance with the structurally dry flood -proofing classifications in the State Building Code. Structurally dry flood -proofing must meet the FP -1 or FP -2 flood -proofing classification in the State Building Code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood -proofed to the FP -3 or FP -4 classification shall not be permitted. 4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state -approved shoreland management ordinance. In the absence of a state -approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 5. STORAGE OF MATERIAL AND EQUIPMENT: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. MONTICELLO ZONING ORDINANCE 18/11 (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body. 6. The provisions of Section 5 [E] of this ordinance shall also apply. [E] STANDARDS FOR ALL FLOOD FRINGE USES: 1. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of after determining that adequate flood warning time and local flood emergency response procedures exist. 2. COMMERCIAL USES: Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 3. MANUFACTURING AND INDUSTRIAL USES: Measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5 [E]2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation--FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. MONTICELLO ZONING ORDINANCE 18/12 6. Standards for travel trailers and travel vehicles are contained in Section 9 [C]. 7. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 18-6: RESERVED FOR FUTURE USE 18-7: SUBDIVISIONS* [A] REVIEW CRITERIA: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance and have road access both to the subdivisions and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. [B] REMOVAL OF SPECIAL FLOOD HAZARD AREA DESIGNATION: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 18-8: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES: [A] PUBLIC UTILITIES: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood -proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. [B] PUBLIC TRANSPORTATION FACILITIES: Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4 and 5 of this ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or MONTICELLO ZONING ORDINANCE 18/13 auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. [C] ON-SITE SEWAGE TREATMENT AND WATER SUPPLY SYSTEMS: Where public utilities are not provided. 1. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. 18-9: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES: [A] New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7 of this ordinance. [B] The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5 of this ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5 [E] 1, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body. *This section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. 1. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. [C] Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9 [C] 1 below shall be subject to the provisions of this MONTICELLO ZONING ORDINANCE 18/14 ordinance and as specifically spelled out in Sections 9 [C]3 - 9 [C]4 below: 1. EXEMPTION: Travel trailers and travel vehicles are exempt from the provisions of this ordinance if they are placed in any of the areas listed in Section 9 [C]2 below and further, they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks, and travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 3. Travel trailers and travel vehicles exempted in Section 9 [C] 1 lose this exemption when development occurs on the parcel exceeding One Thousand Dollars ($1,000.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in Sections 4 and 5 of this ordinance. 4. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 5 [E] 1 of this ordinance. Any fill placed in a floodway for the purpose of elevating a travel trailer shall be subject to the requirements of Section 4. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10 [D] of the ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 -year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the MONTICELLO ZONING ORDINANCE 18/15 evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8 [C] of this ordinance. 18-10: ADMINISTRATION: [A] ZONING ADMINISTRATOR: A Zoning Administrator designated by the governing body shall administer and enforce this ordinance. If the Zoning Administrator finds a violation of the provisions of this ordinance, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12 of the ordinance. [B] PERMIT REQUIREMENTS: 1. Permit Required. A permit issued by the Zoning Administrator in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof, prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non -conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 2. Application for Permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 3. State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. 4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 5. Construction and Use to be as Provided on Applications, Plans, Permits, Variances, and Certificates of Zoning Compliance. Permits, conditional use permits, or Certificates of Zoning Compliance issued MONTICELLO ZONING ORDINANCE 18/16 on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by Section 12 of this ordinance. 6. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood -proofing measures shall be certified by a registered professional engineer or registered architect. 7. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood proofed. [C] BOARD OF ADJUSTMENT: 1. Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. 2. Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinance. 3. Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties, or circumstances unique to the property under consideration as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 4. Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator or an application for a variance, the Board shall fix a reasonable time for a hearing and give MONTICELLO ZONING ORDINANCE 18/17 due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 5. Decisions. The Board shall arrive at a decision on such appeal or variance within 90 days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 6. Appeals. Appeals from any decision of the Board may be made and as specified in this community's official controls and also Minnesota CtntlitPe 7. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (b) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. [D] CONDITIONAL USES: The City Council shall hear and decide applications for conditional uses permissible under this ordinance. Applications shall be submitted to the Zoning Administrator, who shall forward the application to the City Council for consideration. 1. Hearings. Upon filing with the City Council an application for a MONTICELLO ZONING ORDINANCE 18/18 conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 2. Decisions. The City Council shall arrive at a decision on a conditional use within 90 days. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards in addition to those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 3. Procedures to be followed by the City Council in passing on conditional use permit applications within all flood plain districts: (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood -proofing measures, and the relationship of the above to the location of the stream channel. ii. Specifications for building construction and materials, flood -proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (b) Transmit one copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 4. Factors Upon Which the Decision of the City Council Shall be Based. MONTICELLO ZONING ORDINANCE 18/19 In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this ordinance. 5. Time for Acting on Application. The City Council shall act on an application in the manner described above within 90 days from receiving the application, except that where additional information is required pursuant to 10 [D]4 of this ordinance, the City Council shall render a written decision within 60 days from the receipt of such additional information. MONTICELLO ZONING ORDINANCE 18/20 6. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this ordinance, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood -proofing measures in accordance with the State Building Code and this ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood -proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 18-11: NON -CONFORMING USES: [A] A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its non -conformity. 2. Any alteration or addition to a non -conforming structure or non -conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood -proofing techniques (i.e., FP -1 thru FP -4 flood -proofing classifications) allowable in the State Building Code, except as further restricted in 11 [A]3 below. 3. The cost of any structural alterations or additions to any non -conforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural MONTICELLO ZONING ORDINANCE 18/21 alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost, which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4 or 5 of this ordinance for new structures depending upon whether the structure is in the floodway or flood fringe, respectively. 4. If any non -conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of instances of non -conforming uses which have been discontinued for a period of 12 months. 5. If any non -conforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4 or 5 will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively. 18-12: PENALTIES FOR VIOLATION: [A] Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. [B] Nothing herein contained shall prevent the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 1. In responding to a suspected ordinance violation, the Zoning Administrator and local government may utilize the full array of enforcement action available to it, including, but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty parry. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Adminstrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MONTICELLO ZONING ORDINANCE 18/22 appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after--the-fact permit/development approval within a specified period of time not to exceed 30 days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. 18-3: AMENDMENTS: [A] The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. [B] All amendments to this ordinance, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days' written notice of all hearings to consider an amendment to this ordinance, and said notice shall include a draft of the ordinance amendment or technical study under consideration. (#189, 5/14/90) MONTICELLO ZONING ORDINANCE 18/23 MONTICELLO ZONING ORDINANCE 18/24 Planning Commission Agenda 03/06/18 3D. Consideration of Community Development Director's Report Council Action on Commission Recommendations Consideration of a request for Preliminary and Final Plat and Development Agreement for Otter Creek Crossing 6th Addition Applicant: John Chadwick Farms, LLC. Approved on 2/26/18 Downtown Zoning Ordinance Work Group A model ordinance has been drafted for the CCD in support of the Downtown Small Area Plan. The next meeting of the Zoning Ordinance Work Group has been set for Thursday, March 27th at 7 AM to review and discuss. Monticello Strategic Plan The City Council met on February 26th, 2018 in a workshop to discuss the 2017 Strategic Plan document for purposes of 2018 direction. The City Council reaffirmed the 2017 Plan goals for 2018. A copy of the Strategic Plan is included for Commission's reference. Staff uses this Strategic Plan as the basis for board and commission workplans and to develop projects and programs for the coming year. Council Workshop — South Sanitary Sewer Extension Plan A workshop has been tentatively scheduled on March 12th, 2018 to discuss the past plans and future extension of sanitary sewer utilities into the southern portion of the annexation area. The Commission may be interested in learning more about how utility infrastructure supports growth in these areas and the decisions on timing, funding and service that the City Council will need to consider to serve the area. The workshop will occur prior to the regular City Council meeting. Commission Training and Tour Due to the special joint Commission/Council meeting in March, the Planning Commission training session on land use basics and role of the Commission will occur prior to the regular meeting on April 3rd. The Commission's community tour will occur in May. A tour date and focus area questionnaire will be provided at the April meeting. City Council and City Boards/Commissions Updates A reminder that the Planning Commission is encouraged to keep up with the activities of the City Council and other boards and commissions. The City's website includes the agenda packets for each board and commission. Links to each can be found under the "City Government" tab of the website www.ci.monticello.mn.us.