Planning Commission Agenda 08-01-2006
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AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, August 1st, 2006
6:00 PM
Commissioners:
Rod Dragsten, Lloyd Hilgart, Craig Schibonski, William Spartz, and
Sandy Suchy
Council Liaison:
Glen Posusta
Staff:
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6.
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Jeff O'Neill, Angela Schumann, Gary Anderson, Ollie Koropchak, and
Steve Grittman - NAC
Call to order.
Approval of the minutes ofthe regular Planning Commission meeting of June 6th, 2006.
Consideration of adding items to the agenda.
Citizen comments.
Public Hearing _ Consideration of a request for an amendment to a Conditional Use Permit for a
Development Stage Planned Unit Development to accommodate a drive-through facility in a B-3
(Highway Business) District.
Applicant: Mielke Bros., LLC
Public Hearing - Consideration of a request for Variance to the Monticello Zoning Ordinance section
3-9(E) regulating the height and area of pylon signage for a hotel property in a B-3 (Highway
Business) district.
Applicant: Best Western/Scenic Sign
7. Public Hearing _ Consideration of a request for a Conditional Use Permit for cross parking and cross
access and a request for Conditional Use Permit for a drive-through facility in a B-3 (Highway
Business) District.
Applicant: Steiner Development, Inc.
8. Consideration to review for comment a sketch plat for Montaire, a 106 unit, single-family
development.
Applicant: Maplewood Development
9. Public Hearing - Consideration of a request for a Concept and Development Stage Planned Unit
Development to allow an off-premise sign in a B-4 (Regional Business) District. - CONTINUE
Applicant: City of Monticello
10. Adjourn.
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MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, June 6th, 2006
6:00 PM
Commissioners:
Rod Dragsten, , William Spartz, and Sandy Suchy
Commissioner Absent:
Lloyd Hilgart, Craig Schibonski
Council Liaison:
Glen Posusta
Staff:
Jeff O'Neill, Angela Schumann, Gary Anderson, Ollie Koropchak,
and Steve Grittman - NAC
Guests:
Mayor Clint Herbst, Former Planning Commission Chair Dick Frie
1.
Call to order.
2.
Recognition of the service of Former Planning Commission Chair Richard Frie.
Mayor recognized Mr. Frie for ten years of service to the Commission, which he stated could be a
thankless job, affecting countless numbers of people, and requiring decisions from large to small.
Herbst stated that Planning Commission Chair is a difficult position, requiring knowledge of
governing policies and ordinances. Herbst stated that Frie had done a wonderful job and presented
him with a plaque recognizing his years of service.
Frie stated that he accepted the plaque with appreciation, as the community of Monticello was good to
himself and his family, and the Commission was a way to give back.
Chairman Dragsten noted the number of cases and projects Chairman Frie had been involved with and
noted that the Commission wanted to appropriately say goodbye. Dragsten presented Frie with a new
birdhouse, noting that as Chairman, Frie had often commented that he "couldn't build a birdhouse",
and followed that statement with an important question or comment on the case at hand. Chairman
Dragsten concluded with another statement of appreciation to Frie for his leadership.
Frie stated that what made the job a pleasure was the excellent individuals on. Frie also noted that he
appreciated direction from staff and the liaisons. He stated that serving had been a privilege.
3. Approval of the minutes of the regular Plannilllz Commission meeting of Tuesdav, AprillSth and
Tuesday, May 2nd. 2006.
Chairman Dragsten declared a quorum of the Commission, noting the absence of Commissioners
Hilgart and Schibonski.
Schumann asked for clarification on who had volunteered to serve on the Comprehensive Plan Task
Force. Suchy indicated that she had volunteered to serve on the task force.
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Spartz noted that Commissioner Schibonski had asked for clarification on the motions.
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MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES WITH CORRECTIONS
AS NOTED.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 3-0.
4. Consideration of adding items to the a!!enda.
Commissioner Spartz added as item 11 the re-scheduling of July 4th Commission meeting.
Commissioner Suchy noted that business owners would be present to address temporary sign permits.
Suchy requested that item to be heard prior to the Pun discussion.
O'Neill requested as item 12 an update regarding comp plan.
5. Citizen comments.
NONE.
6.
Public Hearin!! ~ Consideration of for an extension of an Interim Use Permit for the Alternative
Learnin!! ProQ:fam. located in an 1-1 (Li!!ht Industrial) District.
Applicant: Monticello School District
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Grittman presented the staff report, indicating that the School District is seeking an extension of the
existing Alternative Learning Center's interim use permit. The School District applied for the
alternative education facility in 1997. At that time, the City amended the ordinance to allow these
types of uses in industrial areas by interim use. The City approved the extension in three year
increments. The most recent permit extension is up this summer and the School District is seeking an
extension to continue use. Grittman stated that part of the reason the use was approved as interim is
because eventually, the School District will find a more permanent home for the program. Grittman
indicated that thus far, there have been no major problems with the school at this location. Staff is
recommending approval of the interim use permit for another three year term.
Chairman Dragsten opened the public hearing.
Jim Johnson, Monticello School District Superintendent, addressed the Commission. Johnson stated
that the District is trying to meet the needs of all students. The ALP model program has been
recognized nationally and part of its success is due to its unique location. The ALP program doesn't
fit in a normal school setting, and just the location can be a relief to students and provide an
opportunity for students who struggle in a traditional school setting. Johnson reported that ALP had
144 graduates since 1997. He stated that these are students who may not have been able to earn their
diploma without ALP. He noted that there were two staff members present who would be happy to
answer questions.
Posusta asked why the School District continues to rent the space in the industrial park, when there is .
a building sitting empty. Johnson stated that the district is in the process oflooking at Eastview. In
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looking at the next three years, he indicated that they may need to re-open the school. Additionally,
the district doesn't want to have to find a new home for the ALP at this time. He noted that the
combination of elementary and high school students in same building may not be the best alternative.
He also indicated that as ALP's history in the current building is so successful, the district would hate
to give that up.
Posusta stated that knowing the district's [mandal troubles, it would make more sense to be in existing
buildings. He said that it makes sense to put ALP at Eastview and then when it is reopened, look for a
home somewhere else. Posusta asked for the rent number. Johnson stated that the rent for the ALP
building is a lease levy item; it doesn't impact the general budget.
Lynn Huldee, 15381 126th Street SE, Becker, addressed the Commission, stating that she is part of
original group of teachers who opened the ALP program. The program has been in business 9 years,
graduated 144 students, and has seen many more. She reported that one of the issues with these
students is that they have little success in a traditional school setting. Their job is reengaging students
with learning. Students have made comments to the effect that this is the first time that they have felt
like they have done a good job in school. She stated that she is proud of program, as it does superb
work. She explained that it has been a hard year for ALP with the loss of Tom Keating. She stated
that ALP is self-supporting and successful. Huldee indicated that she feels that part of that success is
the location, which is private and free of the connotations of a regular school environment.
Suchy asked how long the average student remains. Huldee responded that it is typically 2-3 years'
students often come as sophomores. She noted that ALP also supports a sobriety program, which
directly addresses chemical use, a key part oftheir work.
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Suchy asked if another location would be difficult for the students. Huldee answered that it would be,
but also commented that Eastview is currently used for Early Childhood programs. She indicated that
she isn't sure that is a good mixture. She said that she would prefer to have that separation, as mixing
young adults with young children could pose problems.
Dragsten stated that the key thing seems to be the location off-site, which is part of the success.
Dragsten asked ifthe district is looking for alternate locations. Johnson responded that the Hoglund's
have offered a reasonable rate for the building, and to date they have found nothing else that would be
comparable in terms of size and location.
Hearing no further comments, Chairman Dragsten closed the public hearing.
Spartz commented that it seems that this location may be a better format for the ALP program.
Dragsten asked if this extension would be for another 3 year term. Grittman confirmed.
MOTION BY COMMISSIONER SUCHY TO RECOMMEND APPROVAL OF RENEWAL OF
THE EXISTING INTERIM USE PERMIT FOR A PERIOD OF 3 YEARS, SUBJECT TO ALL
CONDITIONS OF THE ORIGINAL INTERIM USE PERMIT, BASED ON THE FINDING THAT
THE PROPOSED USE WILL NOT INTERFERE WITH THE CITY'S LONG RANGE
OBJECTIVES OF ENCOURAGING INDUSTRIAL DEVELOPMENT IN THE AREA, DUE TO
THE TEMPORARY NATURE OF THE PERMIT, AND THE MINIMAL ALTERATIONS TO THE
PROPERTY.
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MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 3-0.
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7.
Public HearilllZ - Consideration of a request for Preliminary Plat and a Conditional Use Permit for a
Development Stage Planned Unit Development for Elm Street Villas. a l14-unit residential plat in a
PZM (Performance Zone-Mixed) District.
Applicant: UP Development
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Grittman reviewed the staff report, stating that the proposed project is a mixed-use residential
development within a PZM-zoned district, which allows for residential uses in a PUD design. This
application is for preliminary plat and PUD. He reported that the total unit count is 113 units, spread
over 20 acres. The plan was reviewed at concept level in a number of configurations. The City
Council recently approved a concept stage PUD with single family, detached townhouses, and also
some attached row house style units. The surrounding land uses include attached townhouses to the
east, detached single family homes along 6th and potential residential to the south.
There are a number of comments from the City Engineer related to design and technical details, which
was included in the Commission's packet. Grittman stated that he would cover the most significant
planning issues.
Grittman reported that there are still some parking issues. One of the items staff is asking the
applicant to change is the on-street parking bay. Staff doesn't believe that style of parking design is
appropriate in residential areas. There is available on-street parking and other parking bays throughout
the site. There is also the potential conflict caused by vehicles backing onto the public right of way.
Staffs position is that there is a more than adequate supply of visitor parking on this site. This has
more parking than most other townhouse projects. Grittman noted that there will be some
management of on~street parking by signage related to overnight and plowing conditions. Each unit
does, in fact, have both a two-car garage and a couple of spaces in the driveway.
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Grittman stated that the building design issues are the most apparent issue in this design. When this
project was first considered, the applicant had focused on the detached townhomes, with fronts on the
green space and alley-loading. This design flips the buildings so that the driveway runs out to the
private access street. There is still front exposure to the green space. Staff s concern is related to the
face of those buildings to the single family neighborhood. The applicant has provided images of those
units. In other developments, the garage faces front an alley. In this case, they will be facing the
single family units. The fayade for the detached townhomes is not consistent with what we would
encourage in residential areas. Staff would ask that the applicant redesign the detached townhome
units to give them a more residential feel, and more emphasis on entrance views.
Another comment relates to the single family home areas. Grittman suggested that these meet the R-
2A standard, which does not allow a garage forward design. The applicant has provided a sampling of
designs, but has indicated that he will not be the builder. So these designs are concepts only. Staff
recommends the R-2A to minimize the amount of garage forward design and increase the architectural
aesthetics for the neighborhood.
Grittman also noted areas where staff recommends moving units to provide more separation. He also
commented on the amount of parking and building separation in relationship to open space. He stated
that this proposal started out tight on open space, when a PUD designation should look to create more
open space. As the project evolved, the open space has been consolidated and the ponding and
parking areas have eroded the amount of green space. On west side of Elm, units were placed in the
open space to gain additional parking. Additionally, by adding driveways and squeezing in units, the
design has squeezed open space. For these reasons, Grittman indicated that staff have questioned
whether the intent for PUD is being met. .
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Grittman reported that other detailed comments were included in the report and that conditions listed
in Exhibit Z would be the minimum requirements for any recommendation of approval from staff.
Spartz asked about pedestrian connection conditions. Thompson stated the connection should be a
sidewalk to ensure that users have a guide to the open space. Spartz asked if the standard depth of a
driveway is 25' to the curb. Thompson answered that the depth is at 15' to property line. Spartz
inquired about the meeting held with the applicant on May 30th. O'Neill indicated that meeting is a
review of the staff report and an overview of the conditions.
Suchy asked ifthere are other sidewalks or pathways within the development. Grittman responded
that there is a sidewalk on the internal side of the single family area, and on the extensions of 6th and 6
Y2 Street and on the west side of Elm Street. All main roads will have sidewalk.
Dragsten asked about the proposed front yard setbacks in comparison to usable open space. He
inquired if the setback is less because the units are larger. Grittman stated that the setback distance is
part of the request for flexibility in design by PUD. Dragsten asked about the parking bay on 6 Y2
Street in relationship to staff's conunent on parking on the public street. Grittman responded that most
people are not looking for these types of bays on public streets, and that removing it minimizes
maintenance and safety concerns. Dragsten asked about no on-street parking on the private streets.
Grittman answered that private streets are managed the same way as public streets in terms of signage.
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O'Neill asked the Commissioners ifthey had heard any complaints on the City's current ratio policy
of 2 garage, 2 driveway, and 1 on street parking space for every three townhomes. Suchy stated that
she hasn't heard anything. Suchy stated the proposed parking may be overkill in residential areas.
Dragsten stated that some projects aren't filled, so it may also be difficult to tell at this point.
Dragsten stated that the Commission cannot clarify the final design style of units at this time.
Grittman concurred.
Chairman Dragsten opened the public hearing.
Tom Rollings, applicant, 4550 Weston Lane North, Plymouth, made himself available for questions.
Suchy stated that the Commission is starting to make a checklist for what makes a proposed PUD
project superior. Suchy asked him to explain what he felt made his project superior. Rollings stated
that this will be high~quality development with a large amount of open space. He explained that he
had developed detached single family units in other areas, and staff have seen how those function.
The detached and attached shown are real designs. Rollings stated that the amenities include a good
landscaping plan around pond. He indicated that he did try to do less pavement, balancing the parking
requirements. Rollings conunented that if there are specific items the Conunission is looking for, he
can address those. Suchy referred to the design of the buildings. Rollings stated that they would be
agreeable to design changes. They are concepts only. If the Commission or Council has a better idea
for the fac;:ade, he is open to that. Suchy stated that she would like to add under conditions item 3, that
the builder be required to meet R~2A standards for the single family product.
Dragsten asked if Rollings had read the R~2A standards. Rollings indicated that is familiar with them.
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Suchy stated that perhaps not repeating a certain house style within a certain number of units may be
something to look at. Rollings indicated that would be their own requirement, as well. He stated that
they typically have 7 house styles among 16 units, so style is not to be repeated within every 4. Suchy
also sought to remove the extra parking bays.
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Spartz asked if Rollings was familiar with Exhibit Z and whether he had issues with those items. .
Rollings indicated that having specific drawings is an issue at this point. He inquired whether perhaps
the Commission would be agreeable to having final designs subject to an architectural review
committee. That way, he could ensure that with any builder, he could protect the City as far as
control. Rollings stated that he can't support a higher design if he doesn't know what is going to be
there. Spartz commented that the design is an issue in a PUD consideration.
O'Neill stated that the City needs a standard to set the bar at in order to review this projects. It sounds
as if the R-2A would be applicable for single family.
O'Neill stated that typically the PUD is reviewed as a package. The development agreement is signed
with designs incorporated as part of the approval. The time involved in reviewing each application
would be significant if an architectural review committee was needed for each. He commented that if
the Commission and Council want us to be involved, but staff may need some kind of security in
terms of what the City is looking for.
Grittman stated that normally, we would have a palette of pre-approved standards or buildings. Then
the building department would know what was approved. Normally, staff are uncomfortable taking
that authority on our own. At the very least, if you were to pass this on, we would want to revisit the
architecture formally once the builder is selected.
Dragsten asked if the Commission could move the plan forward, then final the architecture in phases.
Grittman stated that it can be done that way, although the ordinance isn't set that way. Dragsten stated
that it could be done with each final plat. Rollings asked if he could improve the site under that
scenario. Grittman stated that they could, subject to authorization, but at their own risk.
Spartz noted the City's engineers had questions on storm water.
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Marty Campion, engineer for the project, addressed the Commission. He stated that he had asked
questions specifically about storm water prior to submission. The information submitted was what
was discussed. So, we were surprised when we saw the report. However, he stated that he doesn't
think there are things that are insurmountable. Spartz clarified that Mr. Elkin ofWSB had provided
Campion with the needed information. Grittman noted for the record that Phil Elkin is WSB' s stonn
water reviewer. Grittman stated that respecting Campion's opinion, Elkin would probably disagree
that all information had been provided as directed. Campion stated that they will submit that
information prior to Council consideration.
Dragsten asked about the setback variances from ordinance. He inquired if those were proposed
because the applicant thinks this is a superior project. Rollings stated that the PUD design gives them
greater amount of common space, which they find to be a more superior design. The single family
units also have a smaller sideyard to accommodate a better design in the buildings.
Dragsten asked where the open space is proposed. Rollings illustrated the open space areas shown on
the plan. Campion stated that the opens space is about 2 Y:I times what is required by ordinance for a
development of this size. It does not include the ponding areas.
Dragsten asked for the square foot sizes of the homes. Campion responded that the west side
townhomes would be 25' x 50', the detached single family would be about 22' x 54'. The footprint
for attached on the east side is 32' x 34'. Rollings stated that the detached units are close to 1375- .
1500 square feet, including both stories. The eastside townhomes are 1500-1600 and the west side
townhomes would be 1370-1490 square feet. The single family would be set at the R-2A standard.
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Drasgten asked how large the garages would be. Rollings stated that they would be two stalL
Dragsten noted that the code minimum is 450 square feet. Rollings stated that they are 480 or better;
they are probably at 510-515 square feet.
Dragsten asked if there was an environmental assessment for this property. Rollings stated that Phase
1-3 had been completed on the east side. A Phase 1 was done of the west side, and he also ordered
additional testing. He will be providing the results of those tests to the City as required by the
conditions. Dragsten asked about the existing home on site. Rollings stated that the house in the ghost
platted area will stay until they want to move.
Dragsten commented that one of the Exhibit Z conditions requires that the homeowner's association
documents should be reviewed by staff. Rollings noted that comment.
Suchy stated that if the Commission recommends approval, she would want them to come back to the
Commission for final home designs. Not having your actual building plans ahead ohime does raise
concerns. Rollings stated that even if he had the final plans, a builder could still request changes.
Rollings stated that he will most likely sell to one builder to create a more efficient deaL
Dragsten stated that his concern is that the City gets the product it thought it would get. Rollings
stated that his suggestion for the architectural review was to still allow the approval, while allowing
for the final design to come later.
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Dragsten added Schibonski' s comments for the record. Schibonski had indicated that he thought the
single family area should contain no splits. He also noted the drainage issues identified by the
engineers. Schibonski commented that he felt there wasn't enough parking because people would fill
up driveways without an ability to put up accessory structure. Rollings responded that this
development concept does work - even with no driveways in other areas where he has developed a
similar product, it works because of the market and lifestyle. The association also offers that
assurance. Dragsten commented that he believed the plan had more than enough parking.
Dragsten stated that in looking at the single family area, his concern is that the lots are too narrow, and
trying to get the proper R-2A home on site could be an issue. O'Neill referred to Carlisle Village,
stating that even with narrower lots, the R-2A there are nice. Ifthe Commission is willing to hold firm
to the home design standard, it can get the product it's looking for. Dragsten stated that Commission
would like more concrete designs, and noted that with an approval, the developer would be doing
infrastructure at its own risk. Dragsten asked the other Commissioners their opinion on design.
Spartz noted that in Carlisle, the side setback is close, but the design of the homes is a superior
product. O'Neill commented that the key to R-2A is limiting the garage forward design and looking
for architectural detaiL Suchy stated that she would like to review the house plans once the builder
has been identified. She inquired if tabling a decision for another month would give the applicant
enough time to secure builders. Rollings responded that tabling would be the last thing he would ask
for, as he needs to set a timefrarne for the infrastructure.
Hearing no further comments, Chairman Dragsten closed the public hearing.
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Spartz stated that his preference would be to table, although the builder may not be here in a month, or
two months. He stated that he doesn't feel positive about the project without seeing the end result on
building design. He also noted concern about drainage issues and the length of the Exhibit Z items.
Dragsten stated that with an approval, it does give the applicant the opportunity to go to builders, so
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that builders can provide final design. Essentially, he can't sell anything to builders until the plan .
design is finalized.
Spartz stated that he isn't comfortable moving forward at this time. He commented that he would like
to see it tabled based on submission of concrete visual design for the sites and addressing of the
drainage issues and Exhibit Z items.
Suchy stated that she would also like the applicant to defme the architectural minimums they would
plan to meet. Dragsten stated that would be done when a builder is found. Dragsten noted potential
changes between the developer and then the builder.
O'Neill stated that in moving forward, the Commission could identify standards for detached and
attached units. Grittman stated that the problem may be that the Commission has no visual to refer to.
Dragsten sited again the applicant's ability to present a plan to the builders. Suchy stated that they
could come back to the Commission for final approval. Dragsten concurred. Grittman stated that in
that case, the Commission would be approving part of the PUD, but withholding architectural
approval.
Rollings referred to O'Neill's comment on additional review, stating that he is more than happy to
accommodate that expense to take that extra step in bringing it back.
Spartz asked about Condition number 5 requiring the removal of a unit. Rollings stated that he would
consider that. Spartz noted that it would mean the removal of the building to create more separation.
MOTION BY COMMISSIONER DRAGSTEN TO RECOMMEND APPROVAL OF THE .
DEVELOPMENT STAGE PUD, BASED ON A FINDING THAT THE PROPOSED MIXED~
RESIDENTIAL DESIGN ESTABLISHES A HIGH QUALITY RESIDENTIAL PROJECT THAT
MEETS THE CITY'S INTENT FOR PUD CONSIDERATION, SUBJECT TO CONDITIONS IN
EXHIBIT Z, WITH THE ADDITION OF CONDITION NUMBER 15, WHICH STATES THAT
FINAL APPROVAL OF THE DEVELOPMENT STAGE PUD IS NOT COMPLETE UNTIL ALL
HOME DESIGN STYLES ARE GNEN FINAL APPROVAL BY THE COMMISSION PRIOR TO
FINAL PLAT.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 3-0.
O'Neill asked whether condition number 6, would stay. Dragsten clarified that nothing has been
removed from Exhibit Z, but that condition number 3 does include the R-2A standards.
8. Consideration to adOPt a resolution findinQ that a modification to the TIP Plans for TIP District Nos.
1-2 (Metcalf/Larson) and 1-24 (St. Bens) conform to the general plans for the development and
redevelopment ofthe city. Applicant: Monticello HRA
Koropchak presented the staff report, stating that the HRA has the authority to establish TIP districts.
The Commission is asked to adopt a resolution finding that the modification of two TIP districts find
is in conformance with comp plan and redevelopment efforts.
The modification is allowing an increase in budgets amounts, which allows the HRA use to use the
funds for redevelopment efforts. The HRA can only use the dollars for redevelopment purposes .
within the district.
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The HRA is preserving the right to use the money, but not authorizing any expenditures at this time.
If the HRA doesn't modify the districts, the excess increment has to be turned back to Wright County.
The HRA is going to hold a workshop to set priorities for expenditures.
Dragsten asked about TIF funding uses. Koropchak stated that one type of district is used for
affordable housing. The other type is for redevelopment.
MOTION BY COMMISSIONER SPARTZ TO ADOPT A RESOLUTION FINDNG THAT A
MODIFICATION TO THE TIF PLANS FOR TIF DISTRICTS NO. 1-2 AND 1-24 CONFORM TO
THE GENERAL PLANS FOR THE DEVELOPMETN AND REDEVELOPMENT OF THE CITY.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 3-0.
9. Consideration of an update regarding centralized message board signage.
Suchy indicated that as she was completing research for the message boards, some business owners
had expressed frustration with the temporary sign ordinance. Suchy stated that the message board
could be away to centralize signage.
She reported that she had met with Kitty Baltos, Community Center Director on the signage issue.
Baltos went back to her board, who did not want the Community Center on a joint sign to advertise
with the Liquor Store. One solution was to work with the Chamber Board to put message board where
the current kiosk sign is.
Suchy commented that she had looked at the City of Albertville's message sign. Albertville was
responding to businesses downtown. The sign served as a community sign and served businesses that
didn't feel they were getting exposure.
Suchy stated that the discussion is preliminary at this point. In talking with businesses, Suchy stated
that she isn't sure if what the City wants to accomplish is the same as their goal. She reported that the
business owners do not feel the current 40 days of temporary signage is enough. They are saying that
is very limiting. Other businesses are saying that there is preferential treatment. Suchy stated that she
wants Commission and Council to hear the businesses and why they feel the ordinance isn't working,
then determine where to go from here.
O'N eill thanked Suchy for all of her work in site visits and in identifying the issues and talking with
people. O'Neill stated that it is a complicated issue. Monticello has a great corridor oftraffic with
opportunities for exposure. Although we would like to see them take advantage of the exposure, we
need to determine how to provide it in a fair way. O'Neill indicated that the temporary sign ordinance
was created from convenience stores that want to put up plastic signs. It was meant to be for special
events. It wasn't meant to be permanent signage. O'Neill noted that as we go forward, we have seen
that a conversion of the sign system to more signs that are larger. We are also creating more
permanent signs. O'Neill commented that consolidation might make sense.
Suchy asked Lynn DaW-Fleming to speak on behalf of the non-profit organizations in Monticello.
Suchy stated that in her research, most cities do not regulate non-profits. She reported that Elk River
allows non-profits to place a sign on City property for 90 calendar days.
O'N eill commented that part of the question is how to implement change. In terms of a task force to
look at the issue, it works best to keep the group small and make certain task force members have the
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dedication to act quickly. He suggested no more than 5 members, representing a good cross~section of .
interests in the matter.
Lynn Dahl-Fleming spoke to the Commission on behalf of the Arts Council, as business owner at 113
Locust Street, Chamber member, and as Art in the Park Coordinator. She noted that in March she was
told that the City was looking at reviewing the ordinance. She stated that in talking with City Hall
regarding Arts Council event signage, she would need to get permission from Maus Foods to use a
portion of their 40 days. As a business owner, she indicated that it was unfortunate that they had to
give up those days. Dahl-Fleming stated that a community reader board will help alleviate the need,
and because ofthe traffic, there are locations that are more well suited to signage. Dahl-Fleming
asked that the Planning Commission consider allowing non~profits the same amount of days as
businesses; that non-profits still need to get permission from the business to use their site, but that they
would have their own allotment of days. Dahl-Fleming stated that she recognizes that the Commission
is trying to good for the community as a whole on this issue.
Grittman stated that the City obviously wants to work with all of its businesses. However, we are
restricted by court interpretation in terms of sign content. When the City issues permits by property, it
cannot tell them what they can or cannot have on the sign in terms of a message. If they have a non-
profit message, that is content. Grittman stated that the test is, that if staff has to read the sign for the
message, the City has regulated content. Legally, the City does not have that option.
O'Neill stated that the alternative is to add to the number of days. Then the issues is that the City can't
guarantee they would be used for the non-profits.
Lynn Dahl~Fleming commented that Big Lake does offer time separately to non-profits. Grittman
stated that there are other cities that do, but ifthey were challenged, they would not prevail. Suchy .
inquired if it would be acceptable if they went to Council rather than staff. Grittman stated that it is
the same problem. They are making an illegal distinction by message. Although other cities may do
it, it is illegal, and he stated that he would not advise Monticello to do it.
Dragsten asked how many days were being used. Anderson stated that on the enforcement end, 20-30
per business per year. In a typical year, about 1200 days are used.
Spartz asked why the ordinance was set at 40 days. Anderson stated that it was originally 10. With
the proliferation of signs at convenience stores, the ordinance was adjusted. Anderson referenced
message boards as a good alternative.
Dragsten asked if it is primarily non-profits using the signs. Anderson responded that it varies. He
noted that sign the rental cost is the same for 1 day as Imonth, so businesses are using more time.
Holli Schillewaert, owner of Dragonfly, stated that in the last month, she has seen an increase in
business from those who would never have known about Dragonfly without temporary signage.
O'Neill noted that while staffrecognize that temporary or off-site signage can be valuable, if allowed
without restriction, the proliferation would be incredible.
Dragsten asked if there is core group currently meeting with Suchy. Schillewaert volunteered to be
the representative for downtown. O'Neill also suggested a Chamber representative, Planning
Commission, City Councilor, and business member. He stated that the group doesn't necessarily need
non-profit because many of the representatives would already be a part of non-profit groups.
.
Drasgten stated that the task force should look at both message board and temporary signage.
10
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.
.
10.
Consideration to review for discussion the standards for Planned Unit Developments.
O'Neill recounted that at the last meeting, the Commission had reviewed the different PUDs, and
recommended that staff begin working on an outline of information relative to PUD amendment
structure. He reported that the information isn't available at this point, but if the Commission would
like to give staff further input, it would be helpful in creating the structure.
Dragsten stated that he had trouble connecting comments with each development name in the notes.
He noted that Cottage Charm, Spirit Hills and Hillside Farm were done well. Grittman asked him to
identify what it was specifically about those developments that made them superior. Dragsten
responded that he liked that use of color, the quality of materials, the attention to detail on the exterior,
landscaping, and the imagination in utilizing existing site.
Suchy stated that in addition to the architectural minimums, she would like to encourage custom
grading of lots to work with the land, and focus on clusters to preserve natural features. Suchy stated
that she does not support averaging of density. She commented that averaging within only the
buildable area may be a solution. Suchy commented that in going back to architectural detail, she
doesn't think that the City needs to be so concerned about size ofthe home as with the details,
architectural entranceways, lighting, streetscape, etc.
Spartz stated that sometimes it is easier to point to things you don't like. In terms ofthings he did like,
Spartz mentioned the use of columns and fayade detailing in stone and brick, and the quality of
materials at Carlisle and Spirit Hills.
Grittman stated that we can take this information, along with the previous review notes and formulate
some conceptual ideas in the development PUD information packet. Then, staff will bring it back for
discussion.
11.
Comprehensive Plan Update
O'Neill explained that staff had met with HKGi, the comprehensive plan consultants, and had set a
preliminary schedule for community input. The community kick-off meeting has been set for July
26th, with neighborhood meetings to follow.
12. July Meeting Schedule
O'Neill reported that there are no formal applications for July, with no public hearings driving the
need for a meeting. Some housekeeping items the Commission may wish to address include updating
the R-2A code to require associations, revisiting the PUD discussion, requiring a 30' setback on
sideyard facing public streets, updating the Commission on signage efforts, and updating CUPs to run
with land and not with property owner. If Commission prefers, it could look forward to comp plan
participation in July rather than a meeting. Spartz suggested meeting on July 18th.
The Commissioners agreed to cancel the first regular July meeting and hold only the bi-monthly
meeting on Tuesday, July 18th.
13. Adjourn.
MOTION BY COMMISSIONER SPARTZ TO ADJOURN.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 3-0.
11
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.
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1
Planning Commission Agenda - 08/01/06
5.
Public Hearin2 - Consideration of a reauest for an amendment to a Conditional Use
Permit for a Development Sta2e Planned Unit Development to accommodate a drive-
throu2h facility in a B-3 (Hi2hwav Business) District. Applicant: Mielke Bros. LLC.
(NAC)
REFERENCE AND BACKGROUND
The applicants are requesting an amendment to their PUD to allow for a low-volume
drive thru lane. The subject site is located south of Chelsea Road and east of TH 25,
in the Loch/Mielke Development within the plat of Monticello Travel Center 2nd
Addition. The original PUD was approved in 2001. The underlying zoning is B-3,
Highway Business.
Conditional Use Permit. Drive-thru establishments are allowed in the B-3 District
by Conditional Use Permit. The Zoning Ordinance contains the following
requirements for such uses:
. The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
lot.
. At the boundaries of a residential district a strip of not less than five 5 feet shall
be landscaped and screened in compliance with Chapter 3 Section 2 G of this
ordinance.
. Each light standard island and all islands in the parking lot shall be landscaped or
covered.
. Parking areas shall be screened from view of abutting residential districts in
compliance with Chapter 3 Section 2 G of this ordinance.
. Parking areas and driveways shall be curbed with continuous curb not less than
six 6 inches high above the parking lot or driveway grade.
. Vehicular access points shall be limited and shall create a minimum of conflict
with through traffic movements shall comply with Chapter 3 Section 5 of this
ordinance and shall be subject to the approval of the City Engineer.
. All lighting shall be hooded and so directed that the light source is not visible
from the public right of way or from an abutting residence and shall be in
compliance with Chapter 3 Section 2 H of this ordinance.
. The entire area shall have a drainage system which is subject to the approval of
the City Engineer.
. The entire area other than that occupied by buildings or structure or plantings
shall be surfaced with a material which will control dust and drainage and which
is subject to the approval of the City Engineer.
. All signing and informational or visual communication devices shall be in
compliance with Chapter 3 Section 9 of this ordinance.
PUD. The approved Planned Unit Development allowed for a mix of commercial
uses. The development relied on PUD for shared parking and common driveways.
1
-- I
Planning Commission Agenda - 08/01/06
The applicant is now seeking to add a drive-thru in order to meet the needs of a
potential new tenant. No other revisions are proposed for the existing building.
.
Drive- Thru. The applicant is proposing a "low-volume" drive thru in the northeast
corner of the site, adjacent to Cedar Street. As proposed, the design provides an 11
foot drive lane with approximately 25 feet of stacking space behind the order board
and 70 feet of stacking space behind the window. With the driveway length provided,
at most, the drive-through would provide stacking space for three to four cars. The
common standard for drive-through stacking spaces is 22 feet per space. Any more
than three vehicles would spillover onto Cedar Street, raising safety concerns. The
design presumes that drivers would not "stop" in the event that the drive-through
stacking is full.
A low volume drive-through would typically accommodate a business such as a
coffee shop. The existing Caribou Coffee drive-thru often has five to six cars in the
drive lane, with more during peak periods (up to ten vehicles have been observed by
staft). Fast food restaurants will often exceed this level during peak periods. Since
the back-up for this business would occur in the public street, the congestion issue has
implications for traffic safety. The applicant indicates that they do not expect a high-
volume user of the drive-through, but would not share the nature of the use with staff.
However, once the drive-through is approved, the City would not have an effective
ability to limit the tenant to one which would ensure no conflicts with Cedar Street
traffic.
The drive lane is 11 feet wide at the pick-up window, which provides minimal room
for customer vehicles and does not allow any room for cars to pass. A fire lane is
generally required to be 20 feet in width. This is particularly a concern as there is no
other way for cars to exit the site back onto to.Cedar Street without using the drive-
thru lane.
.
Staff does not believe the proposed design would adequately support a drive-thru use.
Moreover, the exit for drive-through lane is designed in such a way as to impair the
ability of exiting vehicles to avoid conflicts with incoming traffic. It is also critical to
note that this driveway point serves as the primary entrance for not only tenants of
this building, but for the Dairy Queen, oil change facility, and Subway as well. A
significant amount of traffic will utilize this entrance, and conflicts would affect the
traffic in the street.
Setback. As a condition of approval, driveways are required to be curbed, with
continuous curb not less than six inches high above the parking lot or driveway grade.
Curbing is required to adhere to a 12-foot perimeter setback (equal to the utility
easement). As proposed, the curb on the east side of the drive-thru lane would have
zero setback. This is particularly concern due to the fact that the curb would provide
no setback from an existing sidewalk, and leave no room for landscaping or
screening. The applicant is proposing to move the sidewalk further into the right of
way if necessary.
.
2
Planning Conunission Agenda - 08/01/06
.
The proposed drive-through would require a separate variance to allow the facility in
the location proposed on this plan. The variance is required for the drive through to
exist within the required 12' setback for drainage and utility purposes. The variance
would reduce the required green space on the site, replacing it with additional asphalt.
Variances require findings by the City that there is a unique condition on the
property, not created by the owner, which prohibits the owner from putting the
property to reasonable use. No such hardship is apparent based on the information
submitted so far. Staffis not likely to recommend approval of the proposed setback
variance when it is brought forward, and the CUP can not be approved without the
variance. The variance request was not applied for concurrent to the amendment
request, as civil drawings were not made available in time for staff to determine that a
variance was required.
Access/Circulation. As stated above, access to the drive-thru is located off Cedar
Street. Cars would be required to move directly into the drive lane, as there is no
feasible location to turn around. The eleven foot drive lane is narrow and would
require a setback variance for the curb.
.
Cars would exit the drive lane at the intersection of the east-west private drive and
Cedar Street, in the northeast comer of the site. Additional cars at this intersection
may intensify any traffic congestion problem and would not provide adequate
stacking room for any car waiting to turn on to Cedar Street.
The proposed order board is located adjacent to the refuse room. As such, garbage
trucks will need to access the site to pick up garbage near the drive-thru entrance.
Any garbage truck on the site would temporarily block access to the drive lane. This
may be more of a concern if garbage trucks are scheduled to service the site during
peak hours.
Lighting. No additional lighting appears to be proposed for the site. However, all
lighting should be hooded or arranged in a manner that deflects direct light away from
Cedar Street.
Signage. A wall sign is proposed for the east side ofthe building, above the pick-up
window. The total area of the sign is not indicated on the site plan. The total
maximum allowable sign area for any wall shall be determined by taking 10% of the
gross silhouette area of the front of the building up to 100 square feet, whichever is
less. The total signage area allowed for the development is 1,500 square feet. Any
changes to existing signage as part of the addition of a drive-thru must adhere to these
standards.
.
The site plan also indicates a directional sign at the entrance to the drive-thru. The
setback requirement for directional signs is five feet from any driveway or parking
area. The proposed directional sign is proposed to be setback approximately four feet
from the drive lane and four feet from the property line. The proposed location does
3
Planning Commission Agenda - 08/0 I 106
not comply with minimum setback requirements and it does appear as though there is .
an alternate location available that would meet the five foot setback.
Grading, Drainage, and Utilities. All grading, drainage, and utility plans are
subject to the approval ofthe City Engineer. The City Engineer has provided the
following comments, many of which mirror planning staff's comments above.
I) The drive lane has a pinch-point between the building corner and adjacent
sidewalk where the drive-thru lane entrance taper ends and full-width construction
of the lane begins. The addition ofbollards to protect the building corner would
reduce the drive-thru lane width at this point to a width ofless than II-feet
resulting in potential vehicle encroachment upon the adjacent sidewalk, especially
with larger vehicles, negatively impacting pedestrian safety.
2) Another pedestrian safety issue is that it is not good design practice for a drive-
thru lane to intersect a crosswalk, especially when this occurs directly at a
building corner immediately after a drive-thru window, such as the case in this
instance. This creates a blind spot for both the pedestrian and the driver, and is
compounded by the fact that the driver may be distracted with such things as
pocketing their change, securing their items in storage receptacles andlor
distributing items to others in the vehicle.
3) The stacking distance for the drive-thru lane only allows for a maximum of 4-
vehicles before vehicles spill out onto Cedar Street, interfering with traffic flow .
on the public street.
4) Vehicles exiting the drive-thru lane will encroach upon the inbound lane :from
Cedar Street when turning right to exit the lot. This will result in vehicles
stopping in Cedar Street to wait for the exiting vehicles to clear their inbound
lane. This encroachment into the inbound lane could be reduced, but likely not
eliminated, by increasing the radius of the curb at the exit end of the drive-thru
lane.
5) The applicant has increased the driveway entrance width at the refuse/drive-thru
entrance to 39-feet. Conversely, the width available to the refuse truck to operate
was decreased. Why this was done is not known, though staffhas asked for an
explanation.
6) All existing utilities are not shown on the plans therefore utility conflicts will
need to be checked.
7) Based on the spot elevations shown in the plans, storm sewer inlets will be
required at the ends of the drive-thru lane to intercept stormwater runoff before it
leaves the site.
.
4
Planning Commission Agenda - 08/01/06
.
AL TERNATIVE ACTIONS
Regarding the request for Amendment to a Conditional Use Permit for a
Development Stage PUD to construct a drive-thru lane in the Mielke/Loch
Development, the City has the following options:
1. Motion to recommend approval of the application for Amendment to a
Conditional Use Permit for a Development Stage PUD to construct a drive-
thru lane in the Mielke/Loch Development, based on a finding that the
proposed use satisfies all conditions of allowing such a use in the B-3 District,
and is consistent with the intent of the original PUD, subject to the conditions
outlined in Exhibit Z, and contingent on the further approval of a variance to
the setback standards.
2. Motion to recommend denial of the Amendment to a Conditional Use Permit
for a Development Stage PUD to construct a drive-thru lane in the
Mielke/Loch Development, based on a finding that:
(a) The proposed use is not consistent with the requirements of the B-3, Highway
Business, District,
(b) The use ofthe drive~through as designed with just 3 full off-street stacking spaces
will result in congestion and public safety problems in the adjoining public street,
.
(c) The proposed drive-through violates the required setbacks for such facilities in the
B-3 District,
(d) The proposed drive~through would endanger pedestrian traffic on the adjacent
sidewalk, and
(e) The exit lane does not permit traffic to exit the drive-through without conflicting
with incoming traffic to the shopping center, creating additional street safety
problems.
STAFF RECOMMENDATION
Staff does not recommend approval of the Amendment to a Conditional Use Permit
for a Development Stage PUD to construct a drive-thru lane in the Mielke/Loch
Development as presented. The proposed drive-through does not meet the minimum
requirements for setbacks, does not provide adequate stacking space for such a use,
and presents a number of safety issues and could result in vehicle stacking on street.
Unfortunately the idea of building a drive-through for this facility came after the site
had been laid out. There simply does not appear to be enough room to retrofit or
accommodate a contemporary drive through operation..
.
5
SUPPORTING DATA
A. Aerial Location Image
B. Site Images
C. Building Elevations
D. Civil Engineer Plans
E. Variance Ordinance
Z. Conditions of Approval
Planning Commission Agenda - 08/01/06
6
.
.
.
.
.
.
Planning Commission Agenda - 08/01/06
EXHIBIT Z - CUP/PUD AMENDMENT
FOR CHELSEA COMMONS DRIVE-THROUGH
1. The site plan shall be revised to create at least 15 feet of additional stacking space behind
the order board.
2. The site plan shall be revised to provide for an aesthetically attractive screen between the
drive-through lane and the public sidewalk.
3. The plans shall be revised to provide for additional landscaping to mitigate the loss of
green space.
4. All signage shall be in compliance with Section 3-9 of the Zoning Ordinance.
5. The directional sign shall be moved to an alternate location to meet the five foot
minimum setback requirement.
6. All lighting shall be directed away from Cedar Street.
7. The applicant shall comply with any recommendations ofthe City Engineer.
7
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st:
CHAPTER 23
ADMINISTRATION - VARIANCES AND APPEALS
SECTION:
23-1: Board of Adjustment and Appeals
23-2: Planning Commission and City Staff Reports
23-3: Finding of Planning Commission and City Staff
23-4: Non-Economic Hardship
23-5: Appeals
23-6: Procedures
23-7: Lapse of Variance or Appeal
23-8: Performance Bond
23-1: BOARD OF ADmSTMENT AND APPEALS: The Planning Commission shall act
as a Board of Adjustment and Appeals.
23-2: PLANNING COMMISSION AND CITY STAFF REPORTS: All written reports
and recommendations to the Planning Commission serving as the Board of
Adjustment and Appeals from the City staff shall be entered in and made part of the
permanent written record of the Board's meeting.
23-3:
FINDING OF PLANNING COMMISSION AND CITY STAFF: In considering all
requests for variance or appeal and taking subsequent action, the City staff and the
Planning Commission, serving as the Board of Adjustment and Appeals, shall make
a finding of fact that the proposed action will not:
[A] Impair an adequate supply oflight and air to adjacent property.
[B] Unreasonably increase the congestion in the public street.
[C] Increase the danger of fire or endanger the public safety.
[D] Unreasonably diminish or impair established property values within the
neighborhood or in any other way be contrary to the intent of this ordinance.
23-4:
NON-ECONOMIC HARDSHIP: The Planning Commission, serving as the Board
of Adjustment and Appeals, shall, after receiving the written reports and
recommendations of the City staff, make a finding of fact and decide upon requests
for a variance by approving or denying the same, in part or in whole, where it is
alleged by the applicant that a non-economic hardship in the reasonable use of a
specific parcel of property exists. A hardship that by some reason of narrowness,
shallowness, or shape of a specific parcel of property or lot existing and of record
upon the effective date of this ordinance or that by reason of exceptional topographic
or water conditions of a specific parcel of land or lot, the strict application of the
terms of this ordinance would result in exceptional difficulties when utilizing the
parcel or lot in a manner customary and legally permissible within the district in
MONTICELLO ZONING ORDINANCE
23/1
which said lot or parcel is located, or would create undue hardship upon the owner of
such lot or parcel that the owner of another lot or parcel within the same district
would not have if he were to develop his lot or parcel in a manner proposed by the .
applicant. Should the Planning Commission find that the conditions outlined
heretofore apply to the proposed lot or parcel, the Planning Commission may grant a
variance from the strict application of this ordinance so as to relieve such difficulties
or hardships to the degree considered reasonable, providing such relief may be
granted without impairing the intent of this zoning ordinance.
23-5: APPEALS: The Planning Commission, serving as the Board of Adjustment and
Appeals, shall, after receiving the written report and recommendation of the City
staff, make a finding of fact and make a decision on appeals where it is alleged by the
applicant that error has occurred in any order, requirement, decision, or
determination made by the Building Inspector in the enforcement of this ordinance.
However, said appeal shall be filed no later than ninety (90) days after the applicant
has received a written notice from the Building Inspector or said appeal shall be
considered void.
23-6: PROCEDURES:
[A] Request for a variance or appeal shall be filed with the Zoning Administrator
on an official application form. Such application shall be accompanied by a
fee as outlined in Chapter 26 of this ordinance. This fee shall not be
refunded. Such application shall also be accompanied by written and graphic
materials necessary for the explanation of the request.
.
[B] Upon receiving said application, the Zoning Administrator shall refer the
application, along with all related information, to the City Planning
Commission.
[C] Applications for a variance from the terms of this ordinance shall be due no
later than four (4) weeks plus one (1) day prior to the Planning Commission
meeting at which the item is to be considered. Applications that are deemed
incomplete as of that date shall be returned to the applicant in accordance
with the requirements of Minn. Stat. ~ 15.99. The Zoning Administrator shall
refer said request along with all related information to the Planning
Commission at least five (5) days prior to the regular meeting. This meeting
shall be a public hearing, notice of which shall be mailed at least ten (10)
days prior to the meeting to all owners of property, according to the Wright
County assessment records, within three hundred fifty feet (350') of the
property to which the variance relates. When a variance request pertains only
to yard setback requirements, only abutting property owners need be notified.
Notices sent shall also indicate the appeal process in Section 23-6,
Subdivisions [G] through [I]. (#426, 7/11/05)
[D]
Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this ordinance.
.
MONTICELLO ZONING ORDINANCE
23/2
.
.
.
[E]
The request shall be referred to the City staff for a report and
recommendation to be presented to the Planning Commission. A preliminary
draft of the City staff's report and recommendation shall be given to the
City's Planning Commission at least five (5) days prior to the meeting at
which said report and recommendations are to be presented. The final report
and recommendations of the City staff are to be entered and made part of the
permanent written record of the Planning Commission meeting.
(#426, 7/11/05)
[F] The Zoning Administrator shall notify the originator of the variance request
or appeal of the Planning Commission, serving as the Board of Adjustment
and Appeals, decision in writing.
[G] Decisions of the Planning Commission are final unless an appeal is filed
within five (5) days of the decision with the Zoning Administrator.
[H] Appeals of the decision of the Planning Commission, acting as the Board of
Adjustment and Appeals, are made to the City Council and must be in writing
stating the basis for appeal.
[I] Such an appeal shall be placed on the City Council meeting agenda for a
public hearing within thirty (30) days after it is received, and notice of an
appeal shall be published in the official newspaper at least four (4) days prior
to the hearing.
23-7:
LAPSE OF VARIANCE OR APPEAL: Whenever, within one (1) year after granting
a variance or appeal, the work as permitted by the variance or appeal shall not have
been completed, then such variance or appeal shall become null and void unless a
petition for extension of time in which to complete the work has been granted by the
Planning Commission. Such extension shall be requested in writing and filed with
the Zoning Administrator at least thirty (30) days before the expiration of the original
variance or appeal. There shall be no charge for the filing of such petition. The
request for extension shall state facts showing a good faith attempt to complete the
work permitted in the variance or appeal. Such petition shall be presented to the
Planning Commission for a decision.
23-8: RECONSIDERATION: Whenever an application for a variance has been considered
and denied by the Planning Commission or City Council, a similar application for a
variance affecting substantially the same property shall not be considered again by
the Planning Commission or the City Council for at least six months from the date of
its denial; and a subsequent application affecting substantially the same property
shall likewise not be considered again by the Planning Commission or City Council
for an additional six months from the date of the second denial unless the decision to
reconsider such a matter is made by the Planning Commission. If such a request is
denied by the Planning Commission, the applicant may appeal this decision to the
City Council.
MONTICELLO ZONING ORDINANCE
23/3
.
.
.
Planning Commission Agenda - 8/1/06
6.
Public Hearin2 - Consideration of a reQuest for Variance to the Monticello Zoninf;!
Ordinance section 3-9(E) re2ulatin2 the heif;!ht and area of pylon si2na2e for a hotel
property in a B-3 (Hif;!hwav Business) district. Applicant: Best Western/Scenic Si2D
(NAC)
BACKGROUND
The Best Western Chelsea Inn and Suites is requesting a Variance to Section 3-9 of
the Zoning Ordinance relating to signs. The subject site is located at 89 Chelsea Road
and is zoned B-3, Highway Business. The applicant is proposing to construct a pylon
sign with a face area in excess of what is allowed for the district.
Variance. Variance requests are considered where it is alleged by the applicant that a
non-economic hardship in the reasonable use of a specific parcel of property exists.
A hardship exists when by some reason of narrowness, shallowness, shape, or by
reason of exceptional topographic or water conditions, the strict application of the
ordinance results in exceptional difficulties in utilizing an existing lot or parcel of
record in a legally permissible manner. A hardship may also exist if strict application
of the ordinance would create an undue hardship upon the owner that the owner of
another lot or parcel within the same district would not have ifhe were to develop his
lot.
The Planning Commission may grant a variance from the strict application of this
ordinance so as to relieve such difficulties or hardships to the degree considered
reasonable, providing such relief may be granted without impairing the intent of this
zoning ordinance. Again, the hardship must be physical in nature and not due to
economic hardship.
The City's variance regulations follow State law requirements, which also include a
requirement that the circumstances are not created by the applicant. In summary,
variances are to be considered only under all of the following conditions:
. There is a condition unique to the property that creates a hardship in putting
the property to reasonable use;
. The condition is not economic in nature;
. The condition is not created by the applicant;
. The variance will not alter the essential character of the area;
. The variance will not impair the intent of the zoning ordinance.
ANALYSIS
The subject site contains the Best Western hotel. The hotel contains wall signage, but
no freestanding signs. A sign that previously used by this property is on an adjacent
Planning Commission Agenda - 08/01/06
parcel that is now under the ownership of a different hotel and is no longer being
utilized by the applicant. Therefore, the applicant will be constructing a new sign. .
The proposed sign requires a Variance to the area requirements. The applicant is
proposing to construct a 173.7 square foot pylon sign at the entrance to the Best
Western hotel, adjacent to Chelsea Road. The proposed sign is 18 feet in height.
Signs. Single or double occupancy businesses in the B-3 District have two options
when it comes to permitted signage. Property owners are allowed to choose one of
the following options:
. Option A- Only wall signs shall be allowed. The maximum number of signs on
any principal building shall be six sign boards or placards, no more than four of
which may be product identification signs. Signs may be displayed on at least two
walls, or equal to the number of streets upon which the property has legal
frontage, whichever is greater. Each wall shall contain no more than two product
identification signs and two business identification signs. The total maximum area
of wall signs shall be determined by taking 20% of the gross silhouette area of the
front of the building up to 300 square feet, whichever is less. If a principal
building is on a corner lot, the largest side of the building may be used to
determine the gross silhouette area.
. Option B. Under Option B, a combination of wall signs and a maximum of one
pylon sign may be utilized. The total number of business identification signs .
allowed (whether wall or pylon) shall be at least two or equal to the number of
streets upon which the property has legal frontage, whichever is greater. Only two
product identification signs shall be allowed, and these wall signs may be only on
one wall. The total maximum allowable sign area for any wall shall be determined
by taking 10% of the gross silhouette area of the front of the building up to 100
square feet, whichever is less. Pylon signs shall be regulated as in Subd. 4 below.
For single or double occupancy business structures, the total maximum allowable
signage on the property shall be 300 square feet.
Pylon Sign. Area and height regulations for freestanding signs are determined based
on the speed limit and road classification of the road on which the building is located.
The subject site is proposed for Chelsea Road, a collector street. The speed limit in
front ofthe site is 35 miles per hour. (The sign's exposure is on Oakwood, which is a
30 mph street.) Therefore, the applicant would be allowed to construct a sign no
greater than 50 square feet at a height not to exceed 20 feet. The site is not located
within 800 feet of the freeway, and therefore is not eligible for a bonus to the
maximum square footage.
The proposed sign has a face area of 173.7 square feet, more than three times what is
allowed by ordinance. The sign also exceeds the maximum height for the district by
over five feet. The applicant had provided information indicating that wall signage
on the hotel includes two 33 square foot signs, one on each side of the building.
Therefore, the total signage proposed is approximately 240 square feet, less than the .
300 square foot of total signage allowed for the site.
2
Planning Commission Agenda - 08/01/06
.
Setbacks. All pylon signs must be setback a minimum of five feet from any
driveway or parking area, and must adhere to the setback requirements of the
applicable zoning district. Sign setbacks 50% of the required building setback
distance. Setback requirements for the B-3 District are as follows:
. Front Yard setback= 30 feet
. Side Yard setback= 10 feet
. Rear Yard setback= 30 feet
The exact location of the sign has not been indicated on the site plan. Illustration of
the proposed location on a survey will be necessary to determine appropriate setback
fro any proposed sign.
The applicant has indicated that the proposed sign has already been purchased, based
on their previous ownership of the adjacent parcel within the freeway bonus district.
However, even under the freeway bonus district, an additional sign would not have
been allowed on that parcel due to ordinance standards for total area, sign number and
off-site signage. In essence, a variance for this sign would have been required no
matter which parcel it was to be located on. It should be noted that the City Council
allowed installation of this sign as a "portable" sign, which means it can stand 40
days before it must be removed. If the variance is denied, the sign will need to be
removed.
.
In considering the request against the required findings for variance, the following
findings of fact can be made:
1. The property does not exhibit any unique conditions that interfere with
reasonable use. .
2. Moreover, while the property previously qualified for a freeway bonus, the
applicants sold the property that provided for the bonus. Thus, the change in
property status was due to the applicants' own action. As such, there do not
appear to be any qualifications under the City's zoning ordinance or variance
process that would support the variance request.
3. The variance request sets a precedent for sign size in direct violation of the
City's ordinance.
AL TERNA TIVE ACTIONS
1. Motion to approve the request for a variance to signage based on a finding that
current regulations do not provide sufficient sign area to have the desired
effect due to competition from other freeway bonus signs, resulting in an
undue hardship and as such does not impact the intent ofthe ordinance.
.
2. Motion to deny the request for a variance, based on a finding that no hardship
is proven and the following:
A. The property does not exhibit any unique conditions that interfere with reasonable use.
B. Moreover, while the property previously qualified for a freeway bonus, the applicants
sold the property that provided for the bonus. Thus, the change in property status was
3
Planning Commission Agenda - 08/01/06
due to the applicants' own action. As such, there do not appear to be any qualifications
under the City's zoning ordinance or variance process that would support the variance .
request.
C. The variance request sets a precedent for sign size in direct violation of the City's
ordinance.
ST AFF RECOMMENDATION
It appears from the submission that the request does not comply with the
requirements for a variance. The variance analysis has been made using both City
Ordinance and State law. If the City believes that this sign should be approved, the
City should consider an amendment that provides for the sign, rather than grant a
variance where the ordinance process does not support it.
SUPPORTING DATA
A. Aerial Site Image
B. Site Images
C. Proposed Pylon Sign Specifications
D. Proposed Pylon Sign Illustration
E. Wall Signage Specifications
F. Variance Ordinance
G. Sign Ordinance
.
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CHAPTER 23
ADMINISTRATION - VARIANCES AND APPEALS
SECTION:
23-1: Board of Adjustment and Appeals
23-2: Planning Commission and City Staff Reports
23-3: Finding of Planning Commission and City Staff
23-4: Non-Economic Hardship
23-5: Appeals
23-6: Procedures
23-7: Lapse of Variance or Appeal
23-8: Performance Bond
23-1: BOARD OF ADJUSTMENT AND APPEALS: The Planning Commission shall act
as a Board of Adjustment and Appeals.
23-2: PLANNING COMMISSION AND CITY STAFF REPORTS: All written reports
and recommendations to the Planning Commission serving as the Board of
Adjustment and Appeals from the City staff shall be entered in and made part of the
permanent written record of the Board's meeting.
23-3:
FINDING OF PLANNING COMMISSION AND CITY STAFF: In considering all
requests for variance or appeal and taking subsequent action, the City staff and the
Planning Commission, serving as the Board of Adjustment and Appeals, shall make
a finding of fact that the proposed action will not:
[A] Impair an adequate supply oflight and air to adjacent property.
[B] Unreasonably increase the congestion in the public street.
[C] Increase the danger of fire or endanger the public safety.
[D] Unreasonably diminish or impair established property values within the
neighborhood or in any other way be contrary to the intent of this ordinance.
23-4:
NON-ECONOMIC HARDSHIP: The Planning Commission, serving as the Board
of Adjustment and Appeals, shall, after receiving the written reports and
recommendations of the City staff, make a finding of fact and decide upon requests
for a variance by approving or denying the same, in part or in whole, where it is
alleged by the applicant that a non-economic hardship in the reasonable use of a
specific parcel of property exists. A hardship that by some reason of narrowness,
shallowness, or shape of a specific parcel of property or lot existing and of record
upon the effective date of this ordinance or that by reason of exceptional topographic
or water conditions of a specific parcel of land or lot, the strict application of the
terms of this ordinance would result in exceptional difficulties when utilizing the
parcel or lot in a manner customary and legally permissible within the district in
MONTICELLO ZONING ORDINANCE
23/1
.
.
.
23-5:
23-6:
which said lot or parcel is located, or would create undue hardship upon the owner of
such lot or parcel that the owner of another lot or parcel within the same district
would not have if he were to develop his lot or parcel in a manner proposed by the
applicant. Should the Planning Commission find that the conditions outlined
heretofore apply to the proposed lot or parcel, the Planning Commission may grant a
variance from the strict application of this ordinance so as to relieve such difficulties
or hardships to the degree considered reasonable, providing such reliefmay be
granted without impairing the intent of this zoning ordinance.
APPEALS: The Planning Commission, serving as the Board of Adjustment and
Appeals, shall, after receiving the written report and recommendation of the City
staff, make a finding of fact and make a decision on appeals where it is alleged by the
applicant that error has occurred in any order, requirement, decision, or
determination made by the Building Inspector in the enforcement of this ordinance.
However, said appeal shall be filed no later than ninety (90) days after the applicant
has received a written notice from the Building Inspector or said appeal shall be
considered void.
PROCEDURES:
[A] Request for a variance or appeal shall be filed with the Zoning Administrator
on an official application form. Such application shall be accompanied by a
fee as outlined in Chapter 26 of this ordinance. This fee shall not be
refunded. Such application shall also be accompanied by written and graphic
materials necessary for the explanation of the request.
[B] Upon receiving said application, the Zoning Administrator shall refer the
application, along with all related information, to the City Planning
Commission.
[C] Applications for a variance from the terms of this ordinance shall be due no
later than four (4) weeks plus one (1) day prior to the Planning Commission
meeting at which the item is to be considered. Applications that are deemed
incomplete as of that date shall be returned to the applicant in accordance
with the requirements of Minn. Stat. S 15.99. The Zoning Administrator shall
refer said request along with all related information to the Planning
Commission at least five (5) days prior to the regular meeting. This meeting
shall be a public hearing, notice of which shall be mailed at least ten (10)
days prior to the meeting to all owners of property, according to the Wright
County assessment records, within three hundred fifty feet (350') of the
property to which the variance relates. When a variance request pertains only
to yard setback requirements, only abutting property owners need be notified.
Notices sent shall also indicate the appeal process in Section 23-6,
Subdivisions [G] through [I]. (#426, 7/11/05)
[D]
Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this ordinance.
MONTICELLO ZONING ORDINANCE
23/2
.
.
.
[E]
The request shall be referred to the City staff for a report and
recommendation to be presented to the Planning Commission. A preliminary
draft of the City staffs report and recommendation shall be given to the
City's Planning Commission at least five (5) days prior to the meeting at
which said report and recommendations are to be presented. The final report
and recommendations of the City staff are to be entered and made part of the
permanent written record of the Planning Commission meeting.
(#426, 7/11/05)
[F] The Zoning Administrator shall notify the originator of the variance request
or appeal of the Planning Commission, serving as the Board of Adjustment
and Appeals, decision in writing.
[G] Decisions of the Planning Commission are final unless an appeal is filed
within five (5) days of the decision with the Zoning Administrator.
[H] Appeals of the decision of the Planning Commission, acting as the Board of
Adjustment and Appeals, are made to the City Council and must be in writing
stating the basis for appeal.
[I] Such an appeal shall be placed on the City Council meeting agenda for a
public hearing within thirty (30) days after it is received, and notice of an
appeal shall be published in the official newspaper at least four (4) days prior
to the hearing.
23-7:
LAPSE OF VARIANCE ORAPPEAL: Whenever, within one (1) year after granting
a variance or appeal, the work as permitted by the variance or appeal shall not have
been completed, then such variance or appeal shall become null and void unless a
petition for extension of time in which to complete the work has been granted by the
Planning Commission. Such extension shall be requested in writing and filed with
the Zoning Administrator at least thirty (30) days before the expiration of the original
variance or appeal. There shall be no charge for the filing of such petition. The
request for extension shall state facts showing a good faith attempt to complete the
work permitted in the variance or appeal. Such petition shall be presented to the
Planning Commission for a decision.
23-8: RECONSIDERATION: Whenever an application for a variance has been considered
and denied by the Planning Commission or City Council, a similar application for a
variance affecting substantially the same property shall not be considered again by
the Planning Commission or the City Council for at least six months from the date of
its denial; and a subsequent application affecting substantially the same property
shall likewise not be considered again by the Planning Commission or City Council
for an additional six months from the date of the second denial unless the decision to
reconsider such a matter is made by the Planning Commission. If such a request is
denied by the Planning Commission, the applicant may appeal this decision to the
City Council.
MONTICELLO ZONING ORDINANCE
23/3
.
.
.
we,
(#322,4/12/99)
3-8:
MINING: Under this ordinance, mining is the extraction of sand, gravel, or other
material from the land in the amount of four hundred (400) cubic yards or more and
removal thereof from the site without processing. Mining shall be allowed only under
the terms of a development agreement for subdivision or by the issuance of a conditional
use permit in all districts. Such permit shall include as a condition thereof:
1. a plan for a finished grade which will not adversely affect the surrounding land
or the development of the site on which the mining is being conducted, and
route of trucks moving to and from the site,
2. shall regulate the type of material mined from the site,
3. a program for rodent control,
4. a plan for fire control and general maintenance of the site,
5. controls for vehicular ingress and egress, and for control of material disbursed
from wind or hauling of material to or from the site,
6. a calendar of specific dates when mining operations will be conducted,
including specific beginning and ending dates, and
7.
the submission of a surety by the applicant in an amount determined by the City
Engineer to be equal to 100% of the value of the cost of restoring land
whereupon mining is to occur and repairing the degradation of roadways used to
transport soils.
Subject to the terms of an approved subdivision development agreement or conditional
use permit, a grading permit allowing mining shall be issued by the City Engineer and
City Building Official. Upon application for a grading permit for mining, a fee for
grading permit shall be paid to the City by the applicant. Such fee shall be determined
by City Council resolution.
(#322,4/12/99)
3-9:
SIGNS:
[A]
PURPOSE: This subdivision is established to protect and promote health,
safety, general welfare, and order within the city of Monticello through the
establishment of a comprehensive and impartial series of standards, regulations,
and procedures governing the type, numbers, size structure, location, height,
lighting, erection, use and/or display of devices, signs, or symbols serving as a
visual communication media to persons situated within or upon public right-of-
ways or properties.
The provisions of this subdivision are intended to encourage opportunity for
effective, orderly communication by reducing confusion and hazards resulting
MONTICELLO ZONING ORDINANCE
3/46
from unnecessary and/or indiscriminate use of communication facilities.
[B]
PERMITTED AND PROHffiITED SIGNS:
.
1. PERMITTED SIGNS: The following signs are allowed without a permit
but shall comply with all other applicable provisions of this subdivision:
(a) Public signs
(b) Identification signs: There may be one (1) per premise not to
exceed two (2) square feet in area. If the sign is freestanding, the
total height may not exceed five (S) feet.
( c ) Integral signs
(d) Political campaign signs: Shall not exceed twelve (12) square feet
in all other zoning districts. Every campaign sign must contain
the name and address of persons responsible for such sign, and
that person shall be responsible for its removal. Signs shall
remain in place for no longer than five (S) days after the election
for which they are intended. All signs shall be confmed to private
property. The City shall have the right to remove and destroy
unsightly signs or remove signs after the five (S) day limit and
assess a fee of five dollars ($S.OO) per sign for removal.
(e)
Holiday Signs: Displayed for a period not to exceed thirty (30)
days.
.
(f) Construction Signs: Such signs shall be confined to the site of the
construction, alteration, or repair, and shall be removed within two
(2) years of the date of issuance of the first building permit or
when the particular project is completed, whichever is sooner as
determined by the City Building Inspector or his agent. One (1)
sign shall be permitted for each major street the project abuts. No
sign may exceed fifty (SO) square feet.
(g) Individual Property Sale or Rental Signs: Signs must be removed
within fourteen (14) days after sale or rental of property. Signs
may not measure more than four (4) square feet in "R" districts,
nor more than twenty (20) square feet in all other districts. There
shall be only one (I) sign per premise. Comer properties,
however, may contain two (2) signs, one (1) per frontage.
(h) InformationlDirectional Signs: Shall not be larger than ten (10)
square feet and shall conform to the location provisions of the
specific district.
.
MONTICELLO ZONING ORDINANCE
3/47
.
.
.
(i) Portable Signs (as defined i Section 3-9.(B).2.(e).i) Such signs
shall be subject to the following requirement:
1.
The signs shall be allowed only within the CCD, Central Community
Zoning District.
2. The signs shall occupy the public or private sidewalk area within five (5)
feet of the entryway of the business it serves.
3. The placement ofthe signs shall not impede pedestrian or vehicle
circulation. If on the public sidewalk, such signs shall be placed so that
no less than six feet of sidewalk is available for passing of pedestrians.
4. The signs shall display messages oriented toward pedestrians.
5. The signs shall not have electrical connections, nor include any lighted or
moving component.
6. The display of such signs shall be limited to the hours of the business it
serves.
7.
The signs shall be constructed of wood or other materials determined
acceptable by the City. Color and design shall meet the design guidelines
for the CCD zoning district, and shall not be composed of "flourescent"
colors.
The maximum size of such signs shall be no greater than five (5) feet in
height and six (6) square feet in area and must comply with all other
regulations of this ordinance.
8.
9. Any sign placed under this section shall infer an indemnification of the
City of Monticello by the owner of the sign for any liability or claim made
involving the sign or sign location.
10. No such sign shall be connected or attached to any public structure,
including light poles, traffic control devices, public street furniture, utility
equipment, or other such facility. (#403, 11/10/03)
2. PROHIBITED SIGNS: The following signs are specifically prohibited by this
paragraph.
(a) Any sign which obstructs the vision of drivers or pedestrians or detracts
from the visibility of any official traffic control device.
(b) Any sign which contains or imitates an official traffic sign or signal,
except for private, on-premises directional signs.
(c) Any sign which moves or rotates. Exempt are time and temperature
MONTICELLO ZONING ORDINANCE
3/48
information and barber poles.
(d) Any sign which contains or consists of banners, pennants, ribbons, .
streamers, strings of light bulbs, spinners, or similar devices, except in
case of Subsection [C], Paragraph 4.
(e) Portable signs as defined in i below and other attention-getting devices as
defined in iii-v below, except as allowed in Section 3-9.(B). 1 (i) and as
provided for in Subsection [C], Paragraph 4. (#403,11/10/03)
1. Portable signs shall be defined as an advertising device not
permanently attached to a building, facade, or pylon.
11. Banners shall be defined as fabric, paper, vinyl, or similar material
which carries a specific message and which can be hung on a wall,
facade, awning, canopy, suspension cable or wire, etc.
111. StreamersIPennants shall be defined as flags, triangular pennants,
spirals, spinners, etc., attached in series to a single cord or support
line which is then strung or suspended from point to point.
iv. Inflated devices shall be defined as inflatable devices which may
be stationary or airborne (but tethered) which are intended to
attract attention to a specific location or site.
v. Searchlights - self defining. (#150,5/27/86) .
(f) Signs which are attached in any manner to trees, fences, utility poles, or
other such permanent supports, except for those signs found on fences
(inside) of baseball parks.
(g) Advertising signs of 200 square feet or more in place on or before June
23, 1980, and which are the principal use of the lot of record as of the
above date and which have an agreement on file with the City on or
before August 23, 1980, in the form so designated by the City
Administrator, which is signed by the property owners and the advertising
sign owners and all signatures notarized, may continue as a non-
conforming use until such time as the lot of record above is developed or
improved, in which case, the non-conforming advertising sign must be
removed within 60 days after written notice from the Building Official.
(h) Advertising signs as defined in Chapter 2 of this ordinance of 199 square
feet or less in area, except that those signs which were in place on or
before 8/15/75 may continue as a non-conforming sign.
(i) Except for Electronic Message Board Signs as allowed in Section 3
[E]4.(f). No sign shall display any moving parts, nor shall it be
.
MONTICELLO ZONING ORDINANCE
3/49
.
.
.
illuminated with any flashing or intermittent lights, nor shall it be
animated. Exempt are time and temperature information and barber
poles. All displays shall be shielded to prevent light to be directed at on-
coming traffic in such brilliance as to impair the vision of any driver. No
device shall be illuminated in such a manner as to interfere with or
obscure an official traffic sign or signal. (1/10/00, #340)
U)
Roof Signs.
(k)
Projecting Signs except as hereinafter provided. (#334,9/13/99)
[C] GENERAL PROVISIONS:
1. All signs shall comply with Maintenance Section 5-305 of the 1970
Edition of Volume V of the Uniform Building Code as promulgated by
the International Conference of Building Officials.
2. When electrical signs are installed, the installation shall be subject to the
City's Electrical Code.
3. No signs other than governmental signs shall be erected or temporarily
placed within any street right-of-way or upon any public lands or
easements or right-of-ways.
4.
The temporary use of portable signs, decorative attention-getting devices,
and searchlights shall require an annual or daily permit.
(a) An annual permit for portable signs, as defined herein, shall be
granted for a maximum period of forty (40) days per calendar
year. As a condition of the annual permit, applicant shall maintain
a daily record of the use of portable signs on a form provided by
the City. (#238,6/14/93)(#150,5/27/86)
(b) A permit for decorative attention-getting devices shall be issued
for a maximum period of ten (10) days with a minimum period of
one hundred eighty (180) days between consecutive issuance of
such permits for any property or parcel.
(c) All portable signs and attention-getting devices must be well
maintained and kept in good repair at all times. The Building
Official shall order the immediate removal of any device
considered to be damaged or in poor condition. Non-compliance
shall be just cause for revocation of the permit without refund.
(d)
All portable signs and attention-getting devices shall be allowed
only on the property or site where the business or enterprise is
situated. No placement shall be allowed on public rights-of-way.
MONTICELLO ZONING ORDINANCE
3/50
(e)
All portable signs and attention-getting devices shall be on ground
level except that banners and streamers may be affixed to a
building, facade, permanent pylon sign, or other permanent
fixture. Airborne inflatable devices shall be tethered on site.
.
(f) Not more than two (2) portable signs shall be displayed at the
same time.
(g) Not more than two (2) attention-getting devices shall be permitted
to be displayed in conjunction with any portable sign.
(h) A decorative attention-getting device may bear the name of the
business, but shall not bear any service, product, price, etc.,
advertising message.
(i) Permit fees shall be set by the City Council and shall be payable
upon application for said permit. (#150,5/27/86)
(j) Public banners may be hung from city street light fixtures for a
period of up to one (1) year. Design and placement of the public
banners shall be consistent with the following standards:
1.
Design and placement of public sign/decorative banners
must first be approved by the City Council and annually
thereafter. Prior to Council consideration, applicant shall
submit a banner placement plan which shows proposed
banner design, size, pole location/elevation, duration, and
proposed manner by which the banners shall be hung.
Banner placement plan shall also describe financing
sources for purchasing and installing public banners.
.
2. Public banners may be hung from parking lot light
fixtures or from other structures on private property only
in conjunction with a City Council approved public
banner system. Except for requirements outlined in
section 4.(j) ofthis ordinance, said banners are exempt
from sign regulations. The City shall not participate in
financing any portion of the cost of public banners placed
on private property. City crews may assist with the
installation of public banners placed on private property
if compensated at actual cost to install banners.
3. Except for Christmas banners, all banners shall contain an element
of the City colors and/or City logo. No private advertising may be
allowed on any banner hung in conjunction with a public banner
system.
.
MONTICELLO ZONING ORDINANCE
3/51
.
.
.
4.
Public banners hung from streetscape fixtures shall be no larger
than 14" by45". Banners hung from standard street lights shall be
no larger than 28" by 80".
5. Public banners shall not be hung in a position that will cause a
substantial obstruction of visibility from the street to advertising,
traffic, and directional signs and shall not be hung in a position so
as to interrupt comer sight lines.
6. Public banners may be hung only on alternate streetscape fixtures
unless otherwise approved by Council.
7. Banners placed on City fixtures shall become the property of the
City. If damaged or in need of repair, banners may be removed by
City staff. The public banner system may be discontinued, and all
banners, including those on private property, may be ordered
removed at the discretion of the City Council.
8. The bracket system used to hang banners shall be of sufficient
strength to withstand strong winds and shall be designed in a
manner that allows easy installation and removal of banners.
5. All signs shall display in a conspicuous manner the owner's name, permit
number, and date of erection.
6.
All height restrictions on signs shall include height of sign structure.
7. In any district, any portion of any sign exceeding two (2) square feet shall
be set back a distance equal to fifty percent (50%) of the required building
setback for that district as defined in Section 3w3 [C] of the Monticello
Zoning Ordinance, as may be amended. (#269, 5/8/95)
8. Any sign now or hereafter existing which no longer advertises, or
identifies a bona fide business conducted, or a service rendered, or a
product sold, shall be removed by the owner, agent, or person having the
beneficial use and/or control of the building or structure upon which the
sign may be found within ten (10) days after written notice from the
Building Inspector.
9.
The City of Monticello or its agent is authorized and required by this
ordinance to enter into an agreement with the United States or any of its
agencies or departments to the end that the objective stated in Title 23,
United States Code, Section 131, Section 319, or any other applicable
federal statute to obtain non-conforming signs along the Great River Road
within the city of Monticello. However, the City of Monticello or its
agent shall not be required, nor allowed, to expend funds for the
acquisition of nonwconforming signs or advertising devices under this
MONTICELLO ZONING ORDINANCE
3/52
chapter until federal funds in the amount of 75% or more to his
acquisition cost are made available to the City of Monticello for the .
purpose of carrying out this ordinance. No sign nor advertising device
legal under Laws 1971, Chapter 883, shall be required to be removed or
relocated until payment, as provided in Laws 1971, Chapter 883, is
tendered by the City of Monticello.
10. Signs may be located on conforming fuel station pump island canopies.
Such signs shall be considered as wall signs, and shall be regulated in the
same manner as any other wall signs on the property. (#247,3/14/94)
[D] NON-CONFORMING SIGNS:
1. The following are non-conforming signs:
(a) Off.premise signs, except signs located inside ball parks and on
bus benches.
(b) Prohibited signs.
(c) All other signs not expressly prohibited but which do not conform
to the provisions of this subdivision.
2.
A non-conforming sign may not be:
.
(a) Changed to another non-conforming sign.
(b) Structurally altered except to bring into compliance with the
provisions of this subdivision.
(c) Expanded.
(d) Re-established after its removal for thirty (30) days.
(e) Re-established after damage of more than fifty (50) percent of sign
replacement cost except to bring into compliance.
3. All non-conforming and prohibited signs shall be removed or brought into
conformity with this ordinance after notification in writing within the
following time period.
(a) Any sign in violation of the prohibited signs as defined in [B] 2:
Thirty (30) days (exception: advertising signs, five ( 5) years).
(b) For all other non-conforming signs: five (5) years.
4.
Notwithstanding any other requirement in Section 3-9 of this Ordinance
.
MONTICELLO ZONING ORDINANCE
3/53
.
.
.
to the contrary, off-premise or advertising signs may be relocated as
follows:
(a) This section shall apply exclusively to off-premise advertising
signs of 200 square feet or greater that have a specific, written, fee
or leasehold interest in the property on which they are currently
located, and which are required to be removed pursuant to City
acquisition as part of a City utility or road project.
(b) Such signs may be relocated to another part of the same parcel on
which they were located at the time of the acquisition by City
Council resolution.
(c) Such signs may be relocated to another vacant parcel subject to
the application for and approval of an Interim Use Permit per the
requirements of the Monticello Zoning Ordinance.
(d) In addition to any other requirements or restrictions deemed
appropriate by the City Council, the owner of such relocated sign
under (b) or (c) above shall not enter into any lease that extends
the duration of such sign beyond the soonest termination date to
which the sign is subject at the time of the relo~ation. Upon such
date, the relocated sign shall be removed and shall not be re-
established within the City limits of the City of Monticello.
(e)
The owner of any sign relocated pursuant to this section shall
enter into an agreement with the City of Monticello providing for
the date of removal and the terms of any lease or other contract
governing the relocation.
(#423, 4/11/05)
[E] DISTRICT REGULATIONS: The following sections concern signs which
require application and permit.
1. Within the A-O, R-l, R-2, R-3, R-4, PS and PZR districts, signs are
subject to the following size and type regulations:
(a) Institutional or area identification signs, provided that the gross
square footage of sign area does not exceed eighteen (18) square
feet, and if the sign is freestanding, the height does not exceed
eight (8) feet.
(b) Public signs, including public signs that display information
electronically, provided that the gross square footage of sign area
does not exceed sign height and size requirements identified in
Section 3-9[E]4c of the Monticello Zoning Ordinance
(c)
In the PS District two institutional identification signs not
MONTICELLO ZONING ORDINANCE
3/54
exceeding a total of75 square feet and eight (8) feet in height are
allowed in addition to the institutional or area identification sign .
identified in Section 3-9[E] la.
(#314,8/10/98) (#447,5/22/06)
2. Within the PZM, B-1, B-2, B-3, B-4, CCD, 1-1, I-lA, and 1-2 districts,
signs are subject to the following size and type regulations:
(#298, 10/13/97) (#334,9/13/99)
(a) Within the PZM and B-1 districts, the maximum allowable square
footage of sign area per lot shall not exceed the sum of one (1)
square foot per front foot of the building plus one (1) square foot
for each front foot of lot not occupied by a building, up to one
hundred (100) square feet. Each lot will be allowed one (1) pylon
or freestanding sign and one (1) wall sign or two (2) wall signs
total.
(b)
For buildings in which there is one (1) or two (2) business uses
within the B-2, B-3, B-4, CCD 1-1, I-lA, and 1-2 districts, and for
buildings used for commercial retail activities located within a
PZM district and located on property adjacent to B-2, B-3, B-
4,CCD, 1-1, I-lA, or 1-2 districts, there shall be two (2) options for
permitted signs, as listed below in 2(b)i and 2(b )ii. The property
owner shall select one option, which shall control sign
development on the property.
(#298, 10/13/97) (#334, 9/13/99)
.
1. Option A. Under Option A, only wall signs shall be
allowed. The maximum number of signs on any
principal building shall be six sign boards or placards, no
more than four (4) of which may be product
identification signs. Signs may be displayed on at least
two walls, or equal to the number of streets upon which
the property has legal frontage, whichever is greater.
Each wall shall contain no more than two product
identification signs and two business identification signs.
The total maximum area of wall signs shall be
determined by taking twenty percent (20%) of the gross
silhouette area of the front of the building up to three
hundred (300) square feet, whichever is less. If a
principal building is on a comer lot, the largest side of
the building may be used to determine the gross
silhouette area.
For purposes of determining the gross area of the
silhouette of the principal building, the silhouette shall be
defined as that area within an outline drawing of the
.
MONTICELLO ZONING ORDINANCE
3/55
.
.
.
principal building as viewed from the front lot line or
from the related public street(s).
11.
Option B. Under Option B, a combination of wall signs
and a maximum of one (I) pylon sign may be utilized.
The total number of business identification signs
allowed (whether wall or pylon) shall be at least two (2),
or equal to the number of streets upon which the
property has legal frontage, whichever is greater. Only
two product identification signs shall be allowed, and
these wall signs may be only on one wall. The total
maximum allowable sign area for any wall shall be
determined by taking ten percent (10%) of the gross
silhouette area of the front of the building up to one
hundred (100) square feet, whichever is less. The
method for determining the gross silhouette area shall be
as indicated in Subd. 2.(b )i. Above. Pylon signs shall be
regulated as in Subd. 4 below. For single or double
occupancy business structures, the total maximum
allowable signage on the property shall be three hundred
(300) square feet. For multiple occupancy structures, the
total maximum allowable signage on the property shall
be as determined under Subd. 3 below.
(#272, 06/26/95) (#230, 06/22/92)
(#247,03/14/94) (#265, 12/12/94)
3.
Conditional Uses in Commercial and fudustrial Districts: The purpose of
this section is to provide aesthetic control to signage and to prevent a
proliferation of individual signs on buildings with three (3) or more
business uses. The City shall encourage the use of single sign boards,
placards, or building directory signs.
(a) fu the case of a building where there are three (3) or more business
uses, but which, by generally understood and accepted defmitions,
is not considered a shopping center or shopping mall, a
conditional use shall be granted to the entire building in
accordance with an overall site plan under the provisions of
Option A or Option B (described in 2 (b) i and ii above) provided
that:
1. The owner of the building files with the Zoning
Administrator a detailed plan for signing illustrating
location, size in square feet, size in percent of gross
silhouette area, and to which business said sign is
dedicated.
MONTICELLO ZONING ORDINANCE
3/56
11.
No tenant shall be allowed more than one sign, except
that in the case of a building that is situated in the interior
of a block and having another building on each side of it,
one sign shall be allowed on the front and one sign shall
be allowed on the rear provided that the total square
footage of the two signs does not exceed the maximum
allowable square footage under Option A or Option B
described in 2(b)i and ii above.
111. No individual business sign board/placard shall exceed
twenty-five percent (25%) of the total allowable sign
area.
IV. An owner of the building desiring any alteration of signs,
sign location, sign size, or number of signs shall first
submit an application to the Zoning Administrator for an
amended sign plan, said application to be reviewed and
acted upon by the Zoning Administrator within ten (10)
days of application. If the application is denied by the
Zoning Administrator, the applicant may go before the
Planning Commission at their next regularly scheduled
meeting.
v.
In the event that one tenant of the building does not
utilize the full allotment of allowable area, the excess
may not be granted, traded, sold, or in any other way
transferred to another tenant for the purpose of allowing a
sign larger than twenty-five percent (25%) of the total
allowable area for signs.
VI. Any building identification sign or building directory
sign shall be included in the total allowable area for
signs.
V11. Any sign that is shared by or is a combination of two or
more tenants shall be considered as separate signs for
square footage allowance and shall meet the requirements
thereof.
Vlll. All signs shall be consistent in design, material, shape,
and method of illumination.
(b)
In the case of a building where there are two (2) or more uses and
which, by generally understood and accepted definitions, is
considered to be a shopping center or shopping mall, a conditional
use permit may be granted to the entire building in accordance to
an overall site plan indicating their size, location, and height of all
MONTICELLO ZONING ORDINANCE
3/57
.
.
.
.
.
.
signs presented to the Planning Commission. (#396,7/28/03)
A maximum of five percent (5%) of the gross area of the front
silhouette shall apply to the principal building(s) where the
aggregate allowable sign area is equitably distributed among the
several businesses. In the case of applying this conditional use
permit to a building, the building may have one (1) pylon or
freestanding sign identifying the building which is in conformance
with this ordinance. For purposes of determining the gross area of
the silhouette of the principal building(s), the silhouette shall be
defined as that area within the outline drawing of the principal
building(s) as viewed from the front lot line or from the related
public street(s).
For shopping centers of greater than one hundred fifty thousand
(150,000) square feet of aggregate building square footage and
greater than twenty (20) acres in site area, two freestanding signs
may be permitted under this section. The applicant may construct
two pylon-style signs in conformance with this ordinance, or in
the alternative, may construct one pylon-style and one monument-
style sign. When this latter option is chosen, the monument sign
shall be no greater than eighteen (18) feet in height nor more than
one hundred (100) square feet in area, and the pylon may be no
greater than fifty (50) feet in height and four hundred (400) square
feet in area. (#396, 7/28/03)
(c)
Signs for promoting andlor selling a development project: For the
purpose of promoting or selling a development project of three (3)
to twenty-five (25) acres, one sign not to exceed one hundred
(100) square feet of advertising surface may be erected on the
project site. For projects of twenty-six (26) to fifty (50) acres, one
or two signs not to exceed two hundred (200) aggregate square
feet of advertising surface may be erected. For projects over fifty-
one (51) acres, one, two, or three signs not to exceed three
hundred (300) aggregate square feet of advertising surface may be
erected. No dimension shall exceed twenty-five (25) feet
exclusive of supporting structures.
Such signs shall not remain after ninety-five (95) percent of the
project is developed. Such sign permits shall be reviewed and
renewed annually by the City Council. If said sign is lighted, it
shall be illuminated only during those hours when business is in
operation or when the model homes or other developments are
open for business purposes.
4.
Pylon Sign: The erection of one (1) pylon sign for any single lot is
allowed under the following provisions:
MONTICELLO ZONING ORDINANCE
3/58
(a)
Location: No pylon sign shall be located closer to the property
line than as allowed in Section 3-9 [C] 7. In the case ofa corner
lot, both sides fronting on a public right-of-way shall be deemed
the front.
.
(#269,5/8/95)
(b) Parking Areas, Driveways: No part of the pylon signs shall be less
than five (5) feet from any driveway or parking area.
(c) Area, Height Regulations:
ROAD CLASSIFICA nON
SPEED AREA HEIGHT
(MPH) (SO FT) FEET
30 25 16
35 50 20
40 100 24
30 50 18
35 100 22
40 125 24
45 150 26
50 175 28
Collector
Major Thoroughfares
Freeways and Expressways
55 200
and
above
NA 50-
100
32
.
Highway 25
22
1.
In the case of subject property directly abutting State
Highway 25, pylon sign area may range from 50 sq ft to
100 sq ft depending on total lineal feet fronting Highway
25. 3.03 feet of pylon sign area is allowed per every 10
feet of lineal frontage with the following exceptions: I)
all properties may erect a pylon sign with a sign area of
50 regardless of front footage abutting Highway 25, and
2) the maximum pylon sign area shall not exceed 100 sq
ft regardless of total lineal footage of property abutting
Highway 25. (#173,4/10/89)
(d) Definitions: Definitions of road classifications apply as defined by
the official comprehensive plan as adopted.
(e)
Application: The level at which the sign control system applies is
.
MONTICELLO ZONING ORDINANCE
3/59
.
.
.
MONTICELLO ZONING ORDINANCE
determined by the type of road, as defined above, which directly
abuts the subject property.
1. In the case of subject property directly abutting more than
one (1) road, each designated by a different road
classification type, the less restrictive classification shall
apply in determining sign area and height.
11. Actual sign height is determined by the grade of the road
from which the sign gains its principal exposure.
iii. Area as determined by the formula under 3 (c) above,
applies to one (I) face of a two (2) faced pylon sign, or
two (2) faces ofa four (4) faced sign, etc.
IV. A bonus allowing "freeway standard signs" (200 sq ft in
area and 32' high) in a commercial or industrial area is
available to all businesses located within 800 feet of a
freeway but do not abut a freeway.
(f)
Electronic Message Boards may be allowed in the B-3 and B-4
Zoning Districts and on those parcels within the CCD Zoning
District which have direct frontage on Trunk Highway 25 south of
4th Street, as a part of the freestanding or pylon sign display
provided that:
1. The sign complies in all other respects with the sign
regulations of the Zoning Ordinance.
ii. The sign does not create a traffic hazard or a nuisance.
Ill. The sign does not flash its message, although continuous
scrolling text is allowed.
IV. The sign meets all requirements of the City's Building
and Electrical Codes.
v. The sign does constitute a separate or additional
freestanding sign support structure. The sign must be
otherwise allowed under this ordinance as a pylon sign or
must be a part of an allowed pylon sign plan as defined
herein.
VI.
The electronic message board portion of the sign does not
constitute more than fifty percent (50%) of the allowable
pylon sign area, or seventy (70) square feet, whichever is
3/60
less.
(#340, 1/10/00)
(g)
In the B-3 Zoning District only, certain parcels may be allowed to
construct a second freestanding sign on the property when the
following conditions are complied with:
.
1. The property directly abuts Interstate 94 and one other
collector (or higher) status street.
11. The property in question is no less than two (2) acres in
area.
111. The second freestanding sign shall be located no closer
than three hundred (300) feet from the first freestanding
sign on the same property.
IV. Only one of the two freestanding signs may be located
within any yard (front, rear, or side) of the property. This
clause shall be interpreted to mean that each sign shall be
required to have a separate roadway as its primary
exposure.
v. Where two freestanding signs are allowed, the sign that
fronts on the road which serves as the primary access
shall be of a monument design, with a maximum height .
of ten (I 0) feet and a maximum square footage of sixty
(60) square feet.
VI. Where two freestanding signs are allowed, the sign that
fronts on the freeway exposure shall conform to the
provisions of Section 3 [E] 4.( c) above.
V11. This section shall not be applied to the calculations for
signage when an applicant is seeking development design
flexibility under the City's Planned Unit Development
prOVISIOns.
Vlll. Both signs allowed under this subsection shall meet all
other applicable provisions of the Monticello Zoning
Ordinance.
(6/11/01, #361)
5. Address Numbers Sign: A minimum of one (1) address number sign shall
be required on each building in all zoning districts.
(a)
Location: The address numbers shall be so placed to be easily
seen from the public street.
.
MONTICELLO ZONING ORDINANCE
3/61
.
.
.
[F]
(b)
Size Regulations: The address numbers shall not be less than
three and one-half (3-1/2) inches in height.
(c) Material Regulation: The address numbers shall be metal, plastic,
or wood.
(d) Color Regulation: The address numbers shall be in a contrasting
color to the color of the building/dwelling.
(e) Enforcement Regulation: The Building Official or Zoning
Administrator or their authorized representative shall:
1. Assign all new building/dwelling address numbers.
11. Approve type of material and color of all
building/dwelling address numbers. (#158,9/14/87)
6. Projecting Signs: Projecting signs shall be permitted within the CCD
District but only in the "Broadway Downtown District" thereof as defined
by the Monticello Downtown and Riverfront Revitalization Plan. Only
one (1) projecting sign may be erected per business, with no more than
two (2) such signs erected per building, subject to the following
conditions: Projecting signs:
(a)
Shall be only business identification signs.
(b) Shall be fronting on a public street.
(c) Shall not exceed six (6) square feet in area.
(d) Shall be considered a wall sign for the purposes of maximum
allowable sign area.
(e) The edge of the sign closest to the building must be no farther than
12 inches away from the building.
(f) May extend over the public sidewalk, but shall not extend closer
to the public street than to within 3 feet from the backside of curb.
(g) Shall be at least 8 feet but not more than 12 feet in height above
walking surfaces or sidewalks.
(h) Shall not be internally illuminated, but may be externally
illuminated.
(#334, 9/13/99)
FEES AND LICENSE:
MONTICELLO ZONING ORDINANCE
3/62
.
.
.
Planning Commission Agenda - 8/1/06
7.
Public Hearin!! - Consideration of a reauest for a Conditional Use Permit for cross
parkin!! and cross access and a reauest for Conditional Use Permit for a drive-
throueh facility in a B-3 (Hi!!hway Business) District. Applicant: Steiner
Development. (NAC)
REFERENCE AND BACKGROUND
Steiner Development is seeking a Conditional Use Permit for cross parking, cross
access and a drive-through facility for a shopping center located at the comer of
CSAH 75 and CSAH 39, west ofO'Ryan's. The site is 3.39 acres in area and is
zoned PZM, Performance Mixed-Use.
The applicant is proposing a 22,070 square foot commercial shopping center with
multiple tenants to be located in the southeast portion of the site. The remainder of
the site will be utilized for parking. A future commercial site is planned for the
northwest comer of the site. This site will be subdivided at the time of development
and processed as a separate application.
Parking. The proposed building is approximately 22,070 square feet in area. Neither
the proposed uses for the building or the approximate square footage dedicated for
each tenant have been indicated on site plan. A drive-thru window is proposed for the
south end of the building. The applicant has indicated that a potential tenant for this
portion of the building would be a coffee shop. This unit is shown at 1,723 square
feet. The total kitchen and dining areas for this tenant have not been provided. Staff
has therefore estimated the area of the kitchen at 1/3 ofthe buildings, or 575 square
feet each. The zoning ordinance permits a reduction in the gross square footage by
10% to account for mechanical space and other non-productive floor area. Tenants
for the remainder of the site are assumed to be various retail services. As such, the
required parking is as follows:
Use
Standard
Required
S aces
Coffee Shop/Restaurant
Kitchen: 575 square feet
1 space for each 40 square feet of dining
area
29 spaces
Dining: 1,148 square feet
1 space for each 80 square feet of kitchen
area
8 spaces
128 spaces have been provided, including four handicapped stalls. During a meeting
with the applicant, it was indicated that a potential restaurant tenant may also occupy
Planning Commission Agenda - 08/01/06
the northernmost unit within the strip center. A second restaurant use would create a .
parking deficiency. A restaurant tenant of the same size as the coffee shop would
increase the total number of required spaces for the site by as many at 25 additional
spaces. Staff does not support addressing the deficiency in parking by a joint parking
arrangement without knowing the exact tenants for the site. Staffwould also
recommend limiting the number of restaurant uses on the site to one (not including
the proposed future commercial pad). Any additional restaurant uses would require
utilizing the future commercial site for parking.
Conditional Use Permit
Staff does not believe it would be feasible to assume that there will be no conflicts in
the operating hours of multiple tenants. As such, we recommend a parking
requirement that calculates the necessary spaces for each individual use. Based on
the calculations above, the site meets the required parking, without cross easements,
for the strip center area, based on the inclusion of one restaurant.
At the time that the applicant has identified a tenant for the individual commercial
pad, it will be appropriate to consider conditional use permit for cross parking
between the strip center and the pad site, should additional parking beyond the
required amount be needed.
The Conditional Use Permit for cross access between commercial parking lots would
be appropriate for this use, minimizing the need for vehicles to use the public street .
when circulating between commercial properties.
Signage
According to ordinance, in the case of a building where there are two or more uses
and which, by generally understood and accepted definitions, is considered to be a
shopping center or shopping mall, a conditional use permit may be granted to the
entire building in accordance to an overall site plan indicating their size, location, and
height of all signs presented to the Planning Commission. A maximum of 5% of the
gross area of the front silhouette shall apply to the principal building where the
aggregate allowable sign area is equitably distributed among the several businesses.
The building may also have one pylon or freestanding sign identifying the building, in
conformance with this ordinance. Two monument signs are proposed for site, as well
as wall signage. Monument signs are shown on the corner of the site, at the
intersection ofCSAH 75 and CSAH 39, and at the entrance to the site off Hart
Boulevard. A future sign is also indicated on the west side of the site, adjacent to the
future commercial structure. This sign would accommodate that future building, and
will instead be reviewed as part of any future application.
The applicant has not provided details on the height or area of the monument signs or
the area of the wall signs. Building elevations are not to scale, preventing staff from
determining the gross area of the silhouette of the building. Based on the information .
has been provided, the concept plan exceeds the total amount of signage allowed.
The applicant is proposing two monument signs, as opposed to the one allowed by
ordinance, which would require a separate variance process.
2
Planning Commission Agenda - 08/0 1 /06
.
/
The tenants on the north and south ends of the building have wall signaie on both the
front and side of the building. Signage on both walls may be allowed1f~e total area
of signage for the sight does not exceed the maximum requiremenb
In summary, until exact building dimension information and sign dimension
information, staff is unable to recommend approval of the sign plan as presented for
this application.
Drive Through
The applicant is proposing a "low-volume" drive through in the northeast comer of
the site. As proposed, the design provides a 12 foot wide drive lane with
approximately 40 feet of stacking space behind the order board and 80 feet of
stacking space behind the window. With the driveway length provided, at most, the
drive-through would provide stacking space for four cars. Any excess vehicles would
spillover into the parking lot, and block access to parking stalls. This would
potentially create parking and traffic congestion problems.
A low volume drive-thru would typically accommodate a business such as a coffee
shop. The existing Caribou Coffee drive-thru has an average of five to six cars in the
drive lane, with more during peak periods. Therefore additional stacking space is
necessary. Staff recommends that a minimum of 40 additional feet of stacking space
be provided to accommodate six vehicles, as measured from the pick-up window.
.
The additional space necessary to extend the drive lane may require removal of three
parking stalls to the west of the entrance. Removal of those three stalls would still
allow the applicant to meet parking requirements, based on one restaurant tenant.
Access/Circulation
Access to the site is planned at two points off Hart Boulevard. The main entrance is
located approximately 150 feet southeast ofCSAH 39. A drive lane ranging from 24
feet to 26 feet wide will accommodate two lanes of traffic throughout the site. A one-
way drive lane is proposed near the primary access to provide access to twelve angled
parking stalls on the northeast side of the building. A 25-foot drive lane has been
provided as a passing lane around the drive-through service lane. This drive lane will
also provide a connection to the O'Ryan site to the south.
A second access is located 80 feet south of the primary access. This drive provides
access to the rear of the building. Staffis concerned with the orientation of this drive
lane. This drive lane will be used by trucks for deliveries and garbage pick-up. As
such, the drive lane should be treated as a one-way, with trucks only allowed to enter
from Hart Boulevard. Appropriate signage should be posed at the entrance to this
drive lane, indicating a "trucks only" entrance. All other vehicles will be able to
utilize this drive lane to exit the site onto Hart Boulevard.
.
The northwest comer of the site is to be subdivided and submitted as a separate
application. As such, the edge of the drive aisle adjacent to the future site shall be
curbed until any future development takes place. Staff recommends bituminous
curbing, as it is expected to be temporary.
3
Planning Commission Agenda - 08/01/06
Pedestrian access is accommodated with a series of pedestrian ramps. Said ramps .
connect the west portion of the parking to the sidewalk in front of the building.
Pedestrian ramps also connect the site to an 8-foot bituminous trail located along
CSAH 39. The site plan indicates that this trail is to be constructed by others. After
review of the development agreement related to this plat, it has been determined that
the trail will be constructed by the City. A ten-foot boulevard is required between the
trail and CSAH 39. Said trail will connect to a sidewalk located along the west side
of Hart Boulevard.
Landscaping
For commercial sites a minimum of one overstory tree per 1,000 square feet of
gross building floor area, or one tree per 50 lineal feet of site perimeter, whichever is
greater, is required. The site has approximately 1563 lineal feet of perimeter,
requiring 32 overstory trees, as opposed to the 23 that would be required under the
floor area calculation.
The applicant has provided 25 trees along the perimeter of the site, with four provided
within landscaped islands. Proposed plantings include nine Autumn Blaze Maples,
five Fallgold Ash, three Red Baron Crabapple, five Sentry American Linden, and
three Colorado Spruce. The number of trees provided is nine short of the minimum
requirement. A variety of shrubs and perennials are also planned for the site,
including juniper shrubs, Goldflame Spirea, Red Gnome Dogwood, daylilies, and
Summer Wine Ninebark. A seventh shrub, labeled as SKH, has not been identified in .
the plant schedule. The landscape plan shall be revised to include the name of the
speCIes.
The code allowed for an equivalent of up to 50% ofthe required number of overstory
trees to be created through the use of overstory trees in combination with other
landscape design elements such as ornamental trees, shrubs, flowers, and benning.
In no case shall the number of overstory trees be less than 50% ofthe above formula.
The burden shall be upon the developer to demonstrate by narrative and by graphics
how the equivalent effect is provided. The equivalent effect is subject to the approval
of the City Council.
After reviewing the proposed perennials and shrubs, staff does not recommend
accepting shrubs as a substitute for the required number of trees. The juniper shrubs
illustrated along perimeter of the site adjacent to CSAH 39 and Hart Boulevard are
not expected to be large or dense enough to be considered equivalent to the tree
requirement. Staff recommends that a minimum of seven additional trees be planted
along CSAH 39 and Hart Boulevard. Staff also recommends movable planters
surrounding both patio areas to screen the patios from the adjacent drive lanes.
Particular attention should be paid to the portion ofthe south patio adjacent to the
order board.
Building Design
The applicant has provided building elevations indicating the types of materials to be .
used. Typical materials would include masonry brick, EIFS, canvas awnings,
decorative sun screens, and rock face block. The center of the building steps down to
4
Planning Commission Agenda - 08/01/06
.
avoid a long, monotonous fayade. Submitted elevations are in black and white. Staff
is comfortable with the proposed materials. However, we recommend that colored
elevations be submitted to provide a more detailed illustration. Proposed materials
for the trash enclosure have not been indicated. Staff recommends that said materials
match those of the principal structure.
In addition to building materials, staff is concerned with the location of two proposed
patios, one each on the north and south ends of the building. The south patio, in front
of the coffee shop, is approximately 450 square feet. This patio will contain tables
for outdoor seating during the spring and summer months. No buffer is proposed to
separate the outdoor seating area from the adjacent drive lane and drive-through order
board. Staff recommends, at a minimum, the patio be enclosed by a decorative fence
and contain moveable planters for additional screening, particularly adjacent to the
drive-through order board.
A similar patio, approximately 580 square feet in size is proposed for the tenant on
the north end of the building. If this patio is to be used for an outdoor seating area of
any kind, staff recommends similar measures to buffer the patio from the adjacent
drive lane.
.
Grading, Drainage, and Utilities. All grading, drainage, and utility plans are
subject to the approval of the City Engineer. The City Engineer has provided the
following comments as a part of the Concept Plan review:
1. The slight jog in the trail along the east side of CSAH 39 from CSAH 75 should
be eliminated provided there is enough space for landscaping and boulevard
width.
2. Signage should be incorporated at the east entrance to only allow trucks to enter
for access along the east side of the building.
3. The sanitary sewer system should include manholes, not cleanouts. A sampling
manhole should be included for each service.
4. Provide traffic control to keep one lane of traffic open when making the
watermain connection at Hart Blvd.
5. Provide fire flow calculations and check with the fire marshall on hydrants
required within the site.
6. Reroute the storm sewer system along the east side of the site from CBMH 4 to
CBMH 3 to avoid crossing utilities at an angle.
.
7. Engineering staff is in the process of reviewing the storm sewer calculations and
may require storm sewer to be extended from the northwest corner of the site to
connect into the system within the site instead of providing the curb cut.
5
Planning Commission Agenda - 08/01/06
AL TERNA TIVE ACTIONS
.
Decision 1: Conditional Use Permit for Joint Parking.
1. Motion to recommend approval of the Conditional Use Permit a Joint Parking
Arrangement, based on a finding that the proposed arrangement would meet the
requirements for off-street parking, subject to the Conditions listed in Exhibit Z.
2. Motion to recommend denial of the Conditional Use Permit for a joint parking
arrangement for Broadway Market.
Decision 2: Conditional Use Permit for Joint Access.
1. Motion to recommend approval of the Conditional Use Permit a Joint Parking
Arrangement, based on a finding that the proposed arrangement would meet the
requirements for off-street parking, subject to the Conditions listed in Exhibit Z.
2. Motion to recommend denial of the Conditional Use Permit for a joint parking
arrangement for Broadway Market.
Decision 3: Conditional Use Permit for Drive-Through Facility
1. Motion to recommend approval of the Conditional Use Permit a Joint Parking .
Arrangement, based on a finding that the proposed arrangement would meet the
requirements for off-street parking, subject to the Conditions listed in Exhibit Z.
2. Motion to recommend denial of the Conditional Use Permit for a joint parking
arrangement for Broadway Market.
STAFF RECOMMENDATION
Broadway Market is requesting a Conditional Use Permit for joint commercial access
and cross parking. The CUP for joint access is appropriate, and staff recommends
approval. However, total parking supply may be an issue if the applicant leases any
of the space to restaurant or cafe uses. In that event, a portion of the future
development area would need to be converted to parking for the project.
The applicant is also seeking a Conditional Use Permit for a drive-through facility for
the retail strip center. Staff recommends approval of said plans, subject to the
conditions outlined in Exhibit Z.
.
6
.
SUPPORTING DATA
Planning Commission Agenda - 08/0 1/06
A. Aerial Site Image
B. Project Narrative
C. Applicant Submittal Package ~ Dated 5/18/06
a. Site Survey
b. Site Plan
c. Utility Plan
d. Grading Plan
e. Stonn Water Plan
f. Construction Details
g. Landscaping Plan
h. Lighting Plan
1. Building Elevations
j. Building Plans
D. Sign Ordinance
E. B-4 District Ordinance
.
.
7
Planning Commission Agenda - 08/01/06
EXHIBIT Z
1. The site plan shall be revised to create at least 40 feet of additional stacking space behind
the order board.
2. The landscape plan shall be revised to provide 7 additional overstory trees along CSAH
39 and Hart Boulevard.
3. The landscape plan shall be revised to identify "SKH," as indicated on the plant schedule.
4. The applicant shall provide details on height and face area of all proposed signage. The
sign plan shall conform to ordinance standards.
5. The applicant shall provide colored building elevations, including dimensions of the
building, including the front fa9ade.
6. The entrance to the east driveway shall be signed "trucks only."
7. The sign adjacent to the future commercial site shall be reviewed as part of any
application for the future site. The future development should be surrounded by
bituminous curbing to establish an edge to the circulation and drainage of the main
parking area.
8. Both patios shall be surrounded with fencing and moveable planters.
9. The applicant shall comply with any recommendations of the City Engineer.
8
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7A Page 1 of2
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http://156.99.28.84/servlet/com.esri.esrimap.Esrimap?ServiceN ame=CustomParcel&ClientV ersion=3.1 &... 7/27/2006
.
.
.
7B
Steiner
Development, Inc.
3610 County Road 101
Wayzata, MN 55391
(952)473-5650 Fax (952)473-7058
I:u~ 3 0 ZOOb
~.__,n';_"- '---, ._,-_.--
Broadway Market
Monticello, Minnesota
Narrative
Steiner Development, Inc., Wayzata, Minnesota is proposing to construct, Broadway
Market, a multi-tenant retail project located at the northeast comer of CSAH 75 (Broadway
Street) and CSAH 39 and is adjacent to O'Ryan's Conoco. The proposed project will be
developed on approximately 3 acres with 22,000 sf of retail space, along with (1) one acre
outlot, to be developed at a future date.
The primary building will be constructed of masonry brick, EIFS, decorative rock face block
with canvas awnings/decorative sunscreen. The outlot building will compliment the same
building materials and finishes. Landscaping material shall include a variety of ornamental
trees, evergreens, and shrubs/perennials. All lawn areas will have irrigation and sod to
property lines and to back of curb along right of ways. The plan notes for a bike trail to be
installed by a third party along CSAH 39. Also included, are pedestrian friendly walk areas,
outdoor seating, and a connecting path to the proposed bike trail.
The overall design of the project shall integrate the shopping center into the community and
the surrounding environment, while providing a welcoming atmosphere.
Steiner Development, Inc.
6/29/06
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D
(#322,4/12/99)
3-8:
MINING: Under this ordinance, mining is the extraction of sand, gravel, or other
material from the land in the amount of four hundred (400) cubic yards or more and
removal thereof from the site without processing. Mining shall be allowed only under
the terms of a development agreement for subdivision or by the issuance of a conditional
use permit in all districts. Such permit shall include as a condition thereof:
1. a plan for a finished grade which will not adversely affect the surrounding land
or the development of the site on which the mining is being conducted, and
route of trucks moving to and from the site,
2. shall regulate the type of material mined from the site,
3. a program for rodent control,
4. a plan for fire control and general maintenance of the site,
5. controls for vehicular ingress and egress, and for control of material disbursed
from wind or hauling of material to or from the site,
6. a calendar of specific dates when mining operations will be conducted,
including specific beginning and ending dates, and
7.
the submission of a surety by the applicant in an amount determined by the City
Engineer to be equal to 100% of the value of the cost of restoring land
whereupon mining is to occur and repairing the degradation of roadways used to
transport soils.
Subject to the terms of an approved subdivision development agreement or conditional
use permit, a grading permit allowing mining shall be issued by the City Engineer and
City Building Official. Upon application for a grading permit for mining, a fee for
grading permit shall be paid to the City by the applicant. Such fee shall be determined
by City Council resolution.
(#322,4/12/99)
3-9:
SIGNS:
[A]
PURPOSE: This subdivision is established to protect and promote health,
safety, general welfare, and order within the city of Monticello through the
establishment of a comprehensive and impartial series of standards, regulations,
and procedures governing the type, numbers, size structure, location, height,
lighting, erection, use and/or display of devices, signs, or symbols serving as a
visual communication media to persons situated within or upon public right-of-
ways or properties.
The provisions of this subdivision are intended to encourage opportunity for
effective, orderly communication by reducing confusion and hazards resulting
MONTICELLO ZONING ORDINANCE
3/46
from unnecessary and/or indiscriminate use of communication facilities. .
[B] PERMITTED AND PROlllBITED SIGNS:
1. PERMITTED SIGNS: The following signs are allowed without a permit
but shall comply with all other applicable provisions of this subdivision:
(a) Public signs
(b) Identification signs: There may be one (1) per premise not to
exceed two (2) square feet in area. If the sign is freestanding, the
total height may not exceed five (5) feet.
(c) Integral signs
(d) Political campaign signs: Shall not exceed twelve (12) square feet
in all other zoning districts. Every campaign sign must contain
the name and address of persons responsible for such sign, and
that person shall be responsible for its removal. Signs shall
remain in place for no longer than five (5) days after the election
for which they are intended. All signs shall be confined to private
property. The City shall have the right to remove and destroy
unsightly signs or remove signs after the five (5) day limit and
assess a fee of five dollars ($5.00) per sign for removal. .
(e) Holiday Signs: Displayed for a period not to exceed thirty (30)
days.
(1) Construction Signs: Such signs shall be confined to the site of the
construction, alteration, or repair, and shall be removed within two
(2) years of the date of issuance of the first building permit or
when the particular project is completed, whichever is sooner as
determined by the City Building Inspector or his agent. One (1)
sign shall be permitted for each major street the project abuts. No
sign may exceed fifty (50) square feet.
(g) Individual Property Sale or Rental Signs: Signs must be removed
within fourteen (14) days after sale or rental of property. Signs
may not measure more than four (4) square feet in "R" districts,
nor more than twenty (20) square feet in all other districts. There
shall be only one (1) sign per premise. Comer properties,
however, may contain two (2) signs, one (1) per frontage.
(h) InformationJDirectional Signs: Shall not be larger than ten (10)
square feet and shall conform to the location provisions of the
specific district. .
MONTICELLO ZONING ORDINANCE
3/47
.
.
.
(i)
Portable Signs (as defined i Section 3-9 .(B).2.( e ).i) Such signs
shall be subject to the following requirement:
1. The signs shall be allowed only within the CCD, Central Community
Zoning District.
2. The signs shall occupy the public or private sidewalk area within five (5)
feet of the entryway of the business it serves.
3. The placement of the signs shall not impede pedestrian or vehicle
circulation. If on the public sidewalk, such signs shall be placed so that
no less than six feet of sidewalk is available for passing of pedestrians.
4. The signs shall display messages oriented toward pedestrians.
5. The signs shall not have electrical connections, nor include any lighted or
moving component.
6. The display of such signs shall be limited to the hours of the business it
serves.
7.
The signs shall be constructed of wood or other materials determined
acceptable by the City. Color and design shall meet the design guidelines
for the CCD zoning district, and shall not be composed of "flourescent"
colors.
The maximum size of such signs shall be no greater than five (5) feet in
height and six (6) square feet in area and must comply with all other
regulations of this ordinance.
8.
9. Any sign placed under this section shall infer an indemnification of the
City of Monticello by the owner of the sign for any liability or claim made
involving the sign or sign location.
10. No such sign shall be connected or attached to any public structure,
including light poles, traffic control devices, public street furniture, utility
equipment, or other such facility. (#403, 11/10/03)
2. PROHIBITED SIGNS: The following signs are specifically prohibited by this
paragraph.
(a) Any sign which obstructs the vision of drivers or pedestrians or detracts
from the visibility of any official traffic control device.
(b) Any sign which contains or imitates an official traffic sign or signal,
except for private, on-premises directional signs.
(c) Any sign which moves or rotates. Exempt are time and temperature
MONTICELLO ZONING ORDINANCE
3/48
information and barber poles.
.
(d) Any sign which contains or consists of banners, pennants, ribbons,
streamers, strings of light bulbs, spinners, or similar devices, except in
case of Subsection [C], Paragraph 4.
(e) Portable signs as defined in i below and other attention-getting devices as
defmed in iii-v below, except as allowed in Section 3-9.(B). 1 (i) and as
provided for in Subsection [C], Paragraph 4. (#403, 11/10/03)
1. Portable signs shall be defined as an advertising device not
permanently attached to a building, facade, or pylon.
ii. Banners shall be defined as fabric, paper, vinyl, or similar material
which carries a specific message and which can be hung on a wall,
facade, awning, canopy, suspension cable or wire, etc.
lll. Streamers/Pennants shall be defined as flags, triangular pelU1ants,
spirals, spinners, etc., attached in series to a single cord or support
line which is then strung or suspended from point to point.
IV.
Inflated devices shall be defined as inflatable devices which may
be stationary or airborne (but tethered) which are intended to
attract attention to a specific location or site.
.
v. Searchlights - self defining. (#150,5/27/86)
(f) Signs which are attached in any manner to trees, fences, utility poles, or
other such permanent supports, except for those signs found on fences
(inside) of baseball parks.
(g) Advertising signs of 200 square feet or more in place on or before June
23,1980, and which are the principal use of the lot of record as ofthe
above date and which have an agreement on file with the City on or
before August 23, 1980, in the form so designated by the City
Administrator, which is signed by the property owners and the advertising
sign owners and all signatures notarized, may continue as a non-
conforming use until such time as the lot of record above is developed or
improved, in which case, the non-conforming advertising sign must be
removed within 60 days after written notice from the Building Official.
(h) Advertising signs as defined in Chapter 2 of this ordinance of 199 square
feet or less in area, except that those signs which were in place on or
before 8/15/75 may continue as a non-conforming sign.
(i) Except for Electronic Message Board Signs as allowed in Section 3
[E]4.(f). No sign shall display any moving parts, nor shall it be
.
MONTICELLO ZONING ORDINANCE
3/49
.
.
.
illuminated with any flashing or intermittent lights, nor shall it be
animated. Exempt are time and temperature information and barber
poles. All displays shall be shielded to prevent light to be directed at on-
coming traffic in such brilliance as to impair the vision of any driver. No
device shall be illuminated in such a manner as to interfere with or
obscure an official traffic sign or signal. (1/10/00, #340)
U)
Roof Signs.
(k)
Projecting Signs except as hereinafter provided. (#334, 9/13/99)
[C] GENERAL PROVISIONS:
1. All signs shall comply with Maintenance Section 5-305 of the 1970
Edition of Volume V of the Uniform Building Code as promulgated by
the International Conference of Building Officials.
2. When electrical signs are installed, the installation shall be subject to the
City's Electrical Code.
3. No signs other than governmental signs shall be erected or temporarily
placed within any street right-of-way or upon any public lands or
easements or right-of-ways.
4.
The temporary use of portable signs, decorative attention-getting devices,
and searchlights shall require an annual or daily permit.
(a) An annual permit for portable signs, as defined herein, shall be
granted for a maximum period of forty (40) days per calendar
year. As a condition of the annual permit, applicant shall maintain
a daily record of the use of portable signs on a form provided by
the City. (#238,6/14/93)(#150,5/27/86)
(b) A permit for decorative attention-getting devices shall be issued
for a maximum period often (10) days with a minimum period of
one hundred eighty (180) days between consecutive issuance of
such permits for any property or parcel.
(c) All portable signs and attention-getting devices must be well
maintained and kept in good repair at all times. The Building
Official shall order the immediate removal of any device
considered to be damaged or in poor condition. Non-compliance
shall be just cause for revocation of the permit without refund.
(d)
All portable signs and attention-getting devices shall be allowed
only on the property or site where the business or enterprise is
situated. No placement shall be allowed on public rights-of-way.
MONTICELLO ZONING ORDINANCE
3/50
(e)
All portable signs and attention-getting devices shall be on ground
level except that banners and streamers may be affixed to a
building, facade, permanent pylon sign, or other permanent
fixture. Airborne inflatable devices shall be tethered on site.
.
(f) Not more than two (2) portable signs shall be displayed at the
same time.
(g) Not more than two (2) attention-getting devices shall be permitted
to be displayed in conjunction with any portable sign.
(h) A decorative attention-getting device may bear the name of the
business, but shall not bear any service, product, price, etc.,
advertising message.
(i) Permit fees shall be set by the City Council and shall be payable
upon application for said permit. (#150,5/27/86)
(j) Public banners may be hung from city street light fixtures for a
period of up to one (1) year. Design and placement of the public
banners shall be consistent with the following standards:
1.
Design and placement of public sign/decorative banners
must first be approved by the City Council and annually
thereafter. Prior to Council consideration, applicant shall
submit a banner placement plan which shows proposed
banner design, size, pole location/elevation, duration, and
proposed manner by which the banners shall be hung.
Banner placement plan shall also describe financing
sources for purchasing and installing public banners.
.
2. Public banners may be hung from parking lot light
fixtures or from other structures on private property only
in conjunction with a City Council approved public
banner system. Except for requirements outlined in
section 4.0) of this ordinance, said banners are exempt
from sign regulations. The City shall not participate in
financing any portion of the cost of public banners placed
on private property. City crews may assist with the
installation of public banners placed on private property
if compensated at actual cost to install banners.
3.
Except for Christmas banners, all banners shall contain an element
of the City colors and! or City logo. No private advertising may be
allowed on any banner hung in conjunction with a public banner
system.
.
MONTICELLO ZONING ORDINANCE
3/51
.
.
.
4.
Public banners hung from streetscape fixtures shall be no larger
than 14" by 45". Banners hung from standard street lights shall be
no larger than 28" by 80".
5. Public banners shall not be hung in a position that will cause a
substantial obstruction of visibility from the street to advertising,
traffic, and directional signs and shall not be hung in a position so
as to interrupt comer sight lines.
6. Public banners may be hung only on alternate streetscape fixtures
unless otherwise approved by Council.
7. Banners placed on City fixtures shall become the property of the
City. If damaged or in need of repair, banners may be removed by
City staff. The public banner system may be discontinued, and all
banners, including those on private property, may be ordered
removed at the discretion of the City Council.
8. The bracket system used to hang banners shall be of sufficient
strength to withstand strong winds and shall be designed in a
manner that allows easy installation and removal of banners.
5.
All signs shall display in a conspicuous manner the owner's name, permit
number, and date of erection.
6.
All height restrictions on signs shall include height of sign structure.
7. In any district, any portion of any sign exceeding two (2) square feet shall
be set back a distance equal to fifty percent (50%) of the required building
setback for that district as defined in Section 3-3 [C] of the Monticello
Zoning Ordinance, as may be amended. (#269,5/8/95)
8. Any sign now or hereafter existing which no longer advertises, or
identifies a bona fide business conducted, or a service rendered, or a
product sold, shall be removed by the owner, agent, or person having the
beneficial use and/or control of the building or structure upon which the
sign may be found within ten (10) days after written notice from the
Building Inspector.
9.
The City of Monticello or its agent is authorized and required by this
ordinance to enter into an agreement with the United States or any of its
agencies or departments to the end that the objective stated in Title 23,
United States Code, Section 131, Section 319, or any other applicable
federal statute to obtain non-conforming signs along the Great River Road
within the city of Monticello. However, the City of Monticello or its
agent shall not be required, nor allowed, to expend funds for the
acquisition of non-conforming signs or advertising devices under this
MONTICELLO ZONING ORDINANCE
3/52
chapter until federal funds in the amount of75% or more to his
acquisition cost are made available to the City of Monticello for the
purpose of carrying out this ordinance. No sign nor advertising device .
legal under Laws 1971, Chapter 883, shall be required to be removed or
relocated until payment, as provided in Laws 1971, Chapter 883, is
tendered by the City of Monticello.
10. Signs may be located on conforming fuel station pump island canopies.
Such signs shall be considered as wall signs, and shall be regulated in the
same manner as any other wall signs on the property. (#247,3/14/94)
[D] NON-CONFORMING SIGNS:
1. The following are non-conforming signs:
(a) Off-premise signs, except signs located inside ball parks and on
bus benches.
(b) Prohibited signs.
(c) All other signs not expressly prohibited but which do not confonn
to the provisions of this subdivision.
2. A non-conforming sign may not be:
(a)
Changed to another non-conforming sign.
.
(b) Structurally altered except to bring into compliance with the
provisions of this subdivision.
(c) Expanded.
(d) Re-established after its removal for thirty (30) days.
(e) Re-established after damage of more than fifty (50) percent of sign
replacement cost except to bring into compliance.
3. All non-conforming and prohibited signs shall be removed or brought into
conformity with this ordinance after notification in writing within the
following time period.
(a) Any sign in violation ofthe prohibited signs as defined in [B] 2:
Thirty (30) days (exception: advertising signs, five (5) years).
(b) F or all other non-conforming signs: five (5) years.
4.
Notwithstanding any other requirement in Section 3-9 of this Ordinance
.
MONTICELLO ZONING ORDINANCE
3/53
.
.
.
to the contrary, off-premise or advertising signs may be relocated as
follows:
(a)
This section shall apply exclusively to off-premise advertising
signs of200 square feet or greater that have a specific, written, fee
or leasehold interest in the property on which they are currently
located, and which are required to be removed pursuant to City
acquisition as part of a City utility or road project.
(b) Such signs may be relocated to another part of the same parcel on
which they were located at the time of the acquisition by City
Council resolution.
(c) Such signs may be relocated to another vacant parcel subj ect to
the application for and approval of an Interim Use Permit per the
requirements of the Monticello Zoning Ordinance.
(d) In addition to any other requirements or restrictions deemed
appropriate by the City Council, the owner of such relocated sign
under (b) or (c) above shall not enter into any lease that extends
the duration of such sign beyond the soonest termination date to
which the sign is subject at the time of the relocation. Upon such
date, the relocated sign shall be removed and shall not be re-
established within the City limits of the City of Monticello.
(e)
The owner of any sign relocated pursuant to this section shall
enter into an agreement with the City of Monticello providing for
the date of removal and the terms of any lease or other contract
governing the relocation.
(#423, 4/11/05)
[E] DISTRICT REGULATIONS: The following sections concern signs which
require application and permit.
1. Within the A-O, R-I, R-2, R-3, R-4, PS and PZR districts, signs are
subject to the following size and type regulations:
(a) Institutional or area identification signs, provided that the gross
square footage of sign area does not exceed eighteen (18) square
feet, and if the sign is freestanding, the height does not exceed
eight (8) feet.
(b) Public signs, including public signs that display information
electronically, provided that the gross square footage of sign area
does not exceed sign height and size requirements identified in
Section 3-9[E]4c of the Monticello Zoning Ordinance
(c) In the PS District two institutional identification signs not
MONTICELLO ZONING ORDINANCE
3/54
exceeding a total of 75 square feet and eight (8) feet in height are
allowed in addition to the institutional or area identification sign
identified in Section 3~9[E] 1 a. .
(#314,8/10/98) (#447,5/22/06)
2. Within the PZM, B~I, B~2, B~3, B~4, CCD, I-I, I~IA, and I~2 districts,
signs are subject to the following size and type regulations:
(#298, 10/13/97) (#334, 9/13/99)
(a) Within the PZM and B-1 districts, the maximum allowable square
footage of sign area per lot shall not exceed the sum of one (1)
square foot per front foot of the building plus one (1) square foot
for each front foot of lot not occupied by a building, up to one
hundred (100) square feet. Each lot will be allowed one (1) pylon
or freestanding sign and one (1) wall sign or two (2) wall signs
total.
(b)
For buildings in which there is one (1) or two (2) business uses
within the B-2, B-3, B-4, CCD I-I, I-lA, and I~2 districts, and for
buildings used for commercial retail activities located within a
PZM district and located on property adjacent to B~2, B-3, B-
4,CCD, I-I, I-lA, or 1-2 districts, there shall be two (2) options for
permitted signs, as listed below in 2(b)i and 2(b )ii. The property
owner shall select one option, which shall control sign
development on the property.
(#298, 10/13/97) (#334,9/13/99)
.
1. Option A. Under Option A, only wall signs shall be
allowed. The maximum number of signs on any
principal building shall be six sign boards or placards, no
more than four (4) of which may be product
identification signs. Signs may be displayed on at least
two walls, or equal to the number of streets upon which
the property has legal frontage, whichever is greater.
Each wall shall contain no more than two product
identification signs and two business identification signs.
The total maximum area of wall signs shall be
determined by taking twenty percent (20%) of the gross
silhouette area of the front of the building up to three
hundred (300) square feet, whichever is less. If a
principal building is on a comer lot, the largest side of
the building may be used to determine the gross
silhouette area.
F or purposes of determining the gross area of the
silhouette of the principal building, the silhouette shall be
defmed as that area within an outline drawing of the
.
MONTICELLO ZONING ORDINANCE
3/55
.
.
.
principal building as viewed from the front lot line or
from the related public street(s).
11.
Option B. Under Option B, a combination of wall signs
and a maximum of one (1) pylon sign may be utilized.
The total number of business identification signs
allowed (whether wall or pylon) shall be at least two (2),
or equal to the number of streets upon which the
property has legal frontage, whichever is greater. Only
two product identification signs shall be allowed, and
these wall signs may be only on one wall. The total
maximum allowable sign area for any wall shall be
determined by taking ten percent (10%) of the gross
silhouette area of the front of the building up to one
hundred (100) square feet, whichever is less. The
method for determining the gross silhouette area shall be
as indicated in Subd. 2.(b )i. Above. Pylon signs shall be
regulated as in Subd. 4 below. For single or double
occupancy business structures, the total maximum
allowable signage on the property shall be three hundred
(300) square feet. For multiple occupancy structures, the
total maximum allowable signage on the property shall
be as determined under Subd. 3 below.
(#272, 06/26/95) (#230, 06/22/92)
(#247,03/14/94) (#265, 12/12/94)
3.
Conditional Uses in Commercial and Industrial Districts: The purpose of
this section is to provide aesthetic control to signage and to prevent a
proliferation of individual signs on buildings with three (3) or more
business uses. The City shall encourage the use of single sign boards,
placards, or building directory signs.
(a) In the case of a building where there are three (3) or more business
uses, but which, by generally understood and accepted definitions,
is not considered a shopping center or shopping mall, a
conditional use shall be granted to the entire building in
accordance with an overall site plan under the provisions of
Option A or Option B (described in 2 (b) i and ii above) provided
that:
1. The owner of the building files with the Zoning
Administrator a detailed plan for signing illustrating
location, size in square feet, size in percent of gross
silhouette area, and to which business said sign is
dedicated.
MONTICELLO ZONING ORDINANCE
3/56
11. No tenant shall be allowed more than one sign, except
that in the case of a building that is situated in the interior
of a block and having another building on each side of it, .
one sign shall be allowed on the front and one sign shall
be allowed on the rear provided that the total square
footage of the two signs does not exceed the maximum
allowable square footage under Option A or Option B
described in 2(b)i and ii above.
111. No individual business sign board/placard shall exceed
twentywfive percent (25%) of the total allowable sign
area.
IV. An owner of the building desiring any alteration of signs,
sign location, sign size, or number of signs shall first
submit an application to the Zoning Administrator for an
amended sign plan, said application to be reviewed and
acted upon by the Zoning Administrator within ten (10)
days of application. lfthe application is denied by the
Zoning Administrator, the applicant may go before the
Planning Commission at their next regularly scheduled
meeting.
v. In the event that one tenant of the building does not
utilize the full allotment of allowable area, the excess .
may not be granted, traded, sold, or in any other way
transferred to another tenant for the purpose of allowing a
sign larger than twenty-five percent (25%) of the total
allowable area for signs.
VI. Any building identification sign or building directory
sign shall be included in the total allowable area for
signs.
vii. Any sign that is shared by or is a combination of two or
more tenants shall be considered as separate signs for
square footage allowance and shall meet the requirements
thereof.
V111. All signs shall be consistent in design, material, shape,
and method of illumination.
(b) In the case of a building where there are two (2) or more uses and
which, by generally understood and accepted definitions, is
considered to be a shopping center or shopping mall, a conditional
use permit may be granted to the entire building in accordance to
an overall site plan indicating their size, location, and height of all .
MONTICELLO ZONING ORDINANCE
3/57
.
.
.
signs presented to the Planning Commission. (#396,7/28/03)
A maximum of five percent (5%) of the gross area of the front
silhouette shall apply to the principal building(s) where the
aggregate allowable sign area is equitably distributed among the
several businesses. In the case of applying this conditional use
permit to a building, the building may have one (1) pylon or
freestanding sign identifying the building which is in conformance
with this ordinance. For purposes of determining the gross area of
the silhouette of the principal building(s), the silhouette shall be
defmed as that area within the outline drawing of the principal
building( s) as viewed from the front lot line or from the related
public street(s).
For shopping centers of greater than one hundred fifty thousand
(150,000) square feet of aggregate building square footage and
greater than twenty (20) acres in site area, two freestanding signs
may be permitted under this section. The applicant may construct
two pylon-style signs in conformance with this ordinance, or in
the alternative, may construct one pylon-style and one monument-
style sign. When this latter option is chosen, the monument sign
shall be no greater than eighteen (18) feet in height nor more than
one hundred (100) square feet in area, and the pylon may be no
greater than fifty (50) feet in height and four hundred (400) square
feet in area. (#396, 7/28/03)
(c)
Signs for promoting and/or selling a development project: For the
purpose of promoting or selling a development project of three (3)
to twenty-five (25) acres, one sign not to exceed one hundred
(100) square feet of advertising surface may be erected on the
project site. For projects of twenty-six (26) to fifty (50) acres, one
or two signs not to exceed two hundred (200) aggregate square
feet of advertising surface may be erected. For projects over fifty-
one (51) acres, one, two, or three signs not to exceed three
hundred (300) aggregate square feet of advertising surface may be
erected. No dimension shall exceed twenty-five (25) feet
exclusive of supporting structures.
Such signs shall not remain after ninety-five (95) percent of the
project is developed. Such sign permits shall be reviewed and
renewed annually by the City Council. If said sign is lighted, it
shall be illuminated only during those hours when business is in
operation or when the model homes or other developments are
open for business purposes.
4.
Pylon Sign: The erection of one (1) pylon sign for any single lot is
allowed under the following provisions:
MONTICELLO ZONING ORDINANCE
3/58
(a)
Location: No pylon sign shall be located closer to the property
line than as allowed in Section 3-9 [C] 7. In the case of a comer
lot, both sides fronting on a public right-of-way shall be deemed
the front.
.
(#269, 5/8/95)
(b) Parking Areas, Driveways: No part of the pylon signs shall be less
than five (5) feet from any driveway or parking area.
(c) Area, Height Regulations:
ROAD CLASSIFICATION
SPEED AREA HEIGHT
(MPH) (SO FT) FEET
30 25 16
35 50 20
40 100 24
30 50 18
35 100 22
40 125 24
45 150 26
50 175 28
Collector
Major Thoroughfares
Freeways and Expressways
55 200
and
above
NA 50~
100
32
.
Highway 25
22
1.
In the case of subject property directly abutting State
Highway 25, pylon sign area may range from 50 sq ft to
100 sq ft depending on total lineal feet fronting Highway
25. 3.03 feet of pylon sign area is allowed per every 10
feet of lineal frontage with the following exceptions: 1)
all properties may erect a pylon sign with a sign area of
50 regardless of front footage abutting Highway 25, and
2) the maximum pylon sign area shall not exceed 100 sq
ft regardless of total lineal footage of property abutting
Highway 25. (#173, 4/10/89)
(d) Definitions: Defmitions of road classifications apply as defined by
the official comprehensive plan as adopted.
(e)
Application: The level at which the sign control system applies is
.
MONTICELLO ZONING ORDINANCE
3/59
.
.
.
MONTICELLO ZONING ORDINANCE
determined by the type of road, as defined above, which directly
abuts the subject property.
1.
In the case of subject property directly abutting more than
one (1) road, each designated by a different road
classification type, the less restrictive classification shall
apply in determining sign area and height.
11. Actual sign height is determined by the grade of the road
from which the sign gains its principal exposure.
111. Area as determined by the formula under 3 (c) above,
applies to one (1) face ofa two (2) faced pylon sign, or
two (2) faces ofa four (4) faced sign, etc.
IV. A bonus allowing "freeway standard signs" (200 sq ft in
area and 32' high) in a commercial or industrial area is
available to all businesses located within 800 feet of a
freeway but do not abut a freeway.
(f)
Electronic Message Boards may be allowed in the B-3 and B-4
Zoning Districts and on those parcels within the CCD Zoning
District which have direct frontage on Trunk Highway 25 south of
4th Street, as a part ofthe freestanding or pylon sign display
provided that:
1. The sign complies in all other respects with the sign
regulations of the Zoning Ordinance.
11. The sign does not create a traffic hazard or a nuisance.
111. The sign does not flash its message, although continuous
scrolling text is allowed.
IV. The sign meets all requirements of the City's Building
and Electrical Codes.
v. The sign does constitute a separate or additional
freestanding sign support structure. The sign must be
otherwise allowed under this ordinance as a pylon sign or
must be a part of an allowed pylon sign plan as defined
herein.
VI.
The electronic message board portion of the sign does not
constitute more than fifty percent (50%) of the allowable
pylon sign area, or seventy (70) square feet, whichever is
3/60
less. ( #340, 1/10/00)
(g) In the B-3 Zoning District only, certain parcels may be allowed to .
construct a second freestanding sign on the property when the
following conditions are complied with:
1. The property directly abuts Interstate 94 and one other
collector (or higher) status street.
11. The property in question is no less than two (2) acres in
area.
111. The second freestanding sign shall be located no closer
than three hundred (300) feet from the first freestanding
sign on the same property.
IV. Only one of the two freestanding signs may be located
within any yard (front, rear, or side) of the property. This
clause shall be interpreted to mean that each sign shall be
required to have a separate roadway as its primary
exposure.
v. Where two freestanding signs are allowed, the sign that
fronts on the road which serves as the primary access
shall be of a monument design, with a maximum height .
often (10) feet and a maximum square footage of sixty
(60) square feet.
VI. Where two freestanding signs are allowed, the sign that
fronts on the freeway exposure shall conform to the
provisions of Section 3 [E] 4.( c) above.
V11. This section shall not be applied to the calculations for
signage when an applicant is seeking development design
flexibility under the City's Planned Unit Development
provisions.
V111. Both signs allowed under this subsection shall meet all
other applicable provisions of the Monticello Zoning
Ordinance.
(6/11/01, #361)
5. Address Numbers Sign: A minimum of one (1) address number sign shall
be required on each building in all zoning districts.
(a)
Location: The address numbers shall be so placed to be easily
seen from the public street.
.
MONTICELLO ZONING ORDINANCE
3/61
.
.
.
(b)
Size Regulations: The address numbers shall not be less than
three and one-half (3-1/2) inches in height.
(c) Material Regulation: The address numbers shall be metal, plastic,
or wood.
(d) Color Regulation: The address numbers shall be in a contrasting
color to the color of the building/dwelling.
(e) Enforcement Regulation: The Building Official or Zoning
Administrator or their authorized representative shall:
1. Assign all new building/dwelling address numbers.
n. Approve type of material and color of all
building/dwelling address numbers. (#158,9/14/87)
6. Projecting Signs: Projecting signs shall be permitted within the CCD
District but only in the "Broadway Downtown District" thereof as defined
by the Monticello Downtown and Riverfront Revitalization Plan. Only
one (1) projecting sign may be erected per business, with no more than
two (2) such signs erected per building, subject to the following
conditions: Projecting signs:
(a)
Shall be only business identification signs.
(b) Shall be fronting on a public street.
(c) Shall not exceed six (6) square feet in area.
(d) Shall be considered a wall sign for the purposes of maximum
allowable sign area.
(e) The edge of the sign closest to the building must be no farther than
12 inches away from the building.
(f) May extend over the public sidewalk, but shall not extend closer
to the public street than to within 3 feet from the backside of curb.
(g) Shall be at least 8 feet but not more than 12 feet in height above
walking surfaces or sidewalks.
(h) Shall not be internally illuminated, but may be externally
illuminated.
(#334, 9/13/99)
[F) FEES AND LICENSE:
MONTICELLO ZONING ORDINANCE
3/62
.
SECTION:
14-1 :
14-2:
14-3:
14.4:
CHAPTER 14
7E:
"B-4" REGIONAL BUSINESS DISTRICT
Purpose
Permitted Uses
Pennitted Accessory Uses
Conditional Uses
14-1: PURPOSE: The purpose of the "B-4," regional business, district is to provide for the
establishment of commercial and service activities which draw from and serve
customers from the entire community or region.
14-2: PERMITTED USES: The following are permitted uses in a "B-4" district:
[A]
[B]
[C]
[0]
[E]
. [F]
[G)
[H]
[I]
[J]
[K]
[L]
[M]
[N]
[0]
.
[P]
All permitted uses as allowed in a "B-1 ", "B-2", and "B-3" district.
Antique or gift shop.
Amusement places (such as dance halls or roller rinks).
Auto accessory stores.
Enclosed boat and marine sales.
Books, office supplies, or stationery stores.
Bowling alleys.
Carpet, rugs, and tile.
Coin and philatelic stores.
Copy service but not including press or newspaper.
Costume, clothes rental.
Department and discount stores.
Dry cleaning, including plant accessory thereto, pressing, and repairs.
Dry goods store.
Electrical appliance stores, including incidental repair and assembly but not
fabricating or manufacturing.
Employment agencies.
MONTICELLO ZONING ORDINANCE
14/1
[Q] Finance companies.
[R] Furniture stores.
[U] Haberdasheries and ladies ready-towwear.
.
[V] Insurance sales, claims and branch offices.
[W] Jewelry stores and watch repair.
[X] Leather goods and luggage stores.
[V] Record - music shops.
[Z] Restaurants, tea rooms, cafes, taverns, and off-sales liquor stores.
[AA] Sewing machine sales and service.
[BB] Shoe stores.
[CC] Tailor shops.
[DD] Theatres not of the outdoor drive-in type.
[EE] Toy stores.
[FF] Travel bureaus, transportation ticket offices. .
[GG] Variety stores, 5 & 10 stores, and stores of similar nature.
[HH] Wearing apparel.
[II] Government and public utility buildings.
[JJ] Mortuaries
[KK] Body Piercing Establishments
[LL] Tattoo Parlors
(#286, 2/10/97)(#330,9/13/99)
14.3: PERMITTED ACCESSORY USES: The following are pennitted accessory uses in a
"B-4" district:
[A] All permitted accessory uses in a "B-3" district.
14-4:
CONDITIONAL USES: The following are conditional uses in a "B-4" district:
(Requires a conditional use permit based upon procedures set forth in and regulated
by Chapter 22 ofthis ordinance.)
.
MONTICELLO ZONING ORDINANCE
14/2
.
.
.
[A] Open and outdoor storage as an accessory use provided that:
1.
The area is fenced and screened from view of neighboring residential
uses or if abutting a residential district in compliance with Chapter 3,
Section 2 [0], of this ordinance.
2. Storage is screened from view from the public right-of-way in
compliance with Chapter 3, Section 2 [0], of this ordinance.
3. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences and shall be in compliance with Chapter 3, Section 2 [H], of
this ordinance.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[B] Open or outdoor service, sale, and rental as a principal and accessory use and
including sales in or from motorized vehicles, trailers, or wagons, provided
that:
1.
Outside service, sales, and equipment rental connected with the
principal use is limited to thirty percent (30%) of the gross floor area of
the principal use. This percentage may be increased as a condition of
the conditional use permit.
2. Outside sales areas are fenced or screened from view of the
neighboring residential uses or an abutting residential district in
compliance with Chapter 3, Section 2 [G], of this ordinance.
3. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences and shall be in compliance with Chapter 3, Section 2 [H], of
this ordinance.
4. Sales area is grassed or surfaced to control dust.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[C] Custom manufacturing, restricted production and repair limited to the
following: Art, needlework, jewelry from precious metals, watches, dentures,
and optical lenses, provided that:
1.
Such use is accessory as defined in Chapter 2, Section 2, of this
ordinance to the principal use of the property.
MONTICELLO ZONING ORDINANCE
14/3
2. Does not conflict with the character of development intended for this
district.
3. The provisions of Chapter 22 of this ordinance are considered .
satisfactorily met.
[D] Motor fuel station, auto repair~minor, and tire and battery stores and service,
provided that:
1. Regardless of whether the dispensing, sale, or offering for sale of
motor fuels and/or oil is incidental to the conduct ofthe use or
business, the standards and requirements imposed by this ordinance for
motor fuel stations shall apply. These standards and requirements are.
however, in addition to other requirements which are imposed for other
uses of the property.
2. The architectural appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or area as to
cause impairment in property values or constitute a blighting influence
within a reasonable distance of the lot.
3. The entire site other than that taken up by a building, structure, or
plantings shall be surfaced with a material to control dust and drainage
which is subject to the approval ofthe City Engineer.
4. A minimum lot area oftwenty-two thousand five hundred (22.500) .
square feet and minimum lot dimensions of one hundred fifty (150)
feet by one hundred thirty (130) feet.
5. A drainage system subject to the approval ofthe City Engineer shall be
installed.
6. A curb not less than six (6) inches above grade shall separate the
public sidewalk from motor vehicle service areas.
7. The lighting shall be accomplished in such a way as to have no direct
source oflight visible from adjacent land in residential use or from the
public right-of-way and shall be in compliance with Chapter 3. Section
2 [H], of this ordinance.
8. Wherever fuel pumps are to be installed, pump islands shall be
installed.
9. At the boundaries of a residential district. a strip of not less than five
(5) feet shall be landscaped and screened in compliance with
Chapter 3, Section 2 [G]. of this ordinance.
10. Each light standard landscaped.
.
MONTICELLO ZONING ORDINANCE
14/4
.
.
.
11. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3,
Section 2 [G], of this ordinance.
12.
Vehicular access points shall create a minimum of conflict with
through traffic movement, shall comply with Chapter 3, Section 5, of
this ordinance, and shall be subject to the approval of the City
Engineer.
13. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Chapter 3, Section 9, of
this ordinance.
14. Provisions are made to control and reduce noise.
15. No outside storage except as allowed in compliance with Chapter 13,
Section 4, of this ordinance.
16. Sale of products other than those specifically mentioned in Chapter 13,
Section 4, be subject to a conditional use permit and be in compliance
with Chapter 13, Section 4 [F], of this ordinance.
17.
All conditions pertaining to a specific site are subject to change when
the Council, upon investigation in relation to a formal request, finds
that the general welfare and public betterment can be served as well or
better by modifying the conditions.
18.
The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[E] Machinery sales.
[F] Commercial planned unit development as regulated by Chapter 20 of this
ordinance.
[G] Boarding House, provided that:
1. The building/structure is found to be substandard and/or blighted or
contributing to blight and in need of substantial rehabilitation.
a. The applicant must provide an overall development concept
plan.
b. The applicant must demonstrate that said rehabilitation is the
most feasible use alternative and that said rehabilitation is not
remodeling or simple structural alterations to accommodate a
change in use.
2.
There shall be no less than ten (10) units nor more than 18 units, and
each unit shall be of a design considered to be an efficiency apartment.
MONTICELLO ZONING ORDINANCE
14/5
3. At least one unit shall be on the ground floor fully accessible to
handicapped persons.
4.
At least 50% ofthe floor area on the ground floor shall be developed as
complete restaurant facilities with a minimum seating capacity of two
seats per dwelling unit but in no case less than 25 seats.
a. Restaurant shall not be eligible for licenses regulating the sale
ofintoxicating liquorst non-intoxicating malt liquorst winet or
the display and consumption of liquors.
b. The restaurant shall be so equipped to provide food service to
the dwelling units if required.
5. The architectural appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or area as to
cause impairment in property values or constitute a blighting influence
within a reasonable distance of the lot.
6. All conditions pertaining to a specific site are subject to change when
the Council, upon investigation in relation to a fonnal requestt finds
that the general welfare and public bettennent can be served as well or
better by modifying the conditions.
(#138t 7/23/84)
MONTICELLO ZONING ORDINANCE
14/6
.
.
.
.
.
.
Planning Commission Agenda - 08/01/06
8.
Consideration to review for comment a sketch plat for Montaire, a 106 unit, sin2;le-
family development. Applicant: Maplewood Development (NAC)
REFERENCE AND BACKGROUND
Maplewood Development is seeking a sketch plat review for a 106 unit single family
residential development. The subject site is 53.2 acres in size and is designated for R-
IA (Single Family Residential) development. The site is located south ofCSAH 18,
east of Carlisle Village. It should be noted that this actual development of the
property requires Ditch 33 improvements made in connection with the Hidden Forest
subdivision. The Hidden Forest development has not been started and could be
delayed due to market slowdown and increases in project costs.
Land Use
The proposed land use for the Montaire development is consistent with the City's
Comprehensive Land Use Plan. The developer is proposing 106 single family lots on
53.2 acres for a gross density of2 units/acre. The applicant is requesting that the site
be rezoned to R-IA, residential single family.
The purpose of the RI-A single family district is to provide for low density single
family detached residential dwelling units and directly related complementary uses
The R-IA District is distinguished from the R-l District in that is has more extensive
development standards and is to be located in areas of higher natural residential
amenities including such conditions as woodlands wetlands and significant views.
Design Overview
The 106 lot single family residential development is proposed for the Vogl/Yarco
property, located east of Carlisle Village and south of CSAH 18. The two properties
are located on a landscape comprised of rolling hills and woodland, as well as a large
wetland in the south central portion of the site. The natural features of the site are
intended to be blended into the development, with additional ponding and
landscaping. The site is designated for R-IA land use and the applicant intends to
construct high-end homes on large lots in compliance with R-IA standards.
Lot Requirements
Lot requirements in the R-IA District allow for averaging. However, maximum and
minimum standards also apply. The average minimum lot area is 16,000 square feet,
with no lot less than 12,000 square feet in area, and no fewer than 40% of all
individual lots in the subdivision greater than 15,000 square feet in area. The average
minimum requirement for lot width is 90 feet, with no lot less than 80 feet in width,
and no fewer than 40% of all individual lots 90 feet or more in width. The average
front yard setback is 35 feet. However, no house may be placed closer than 25 feet to
any street right of way, and no fewer than 40% of all individual houses within the
platted area may have front setbacks of 3 5 feet or more.
1
Planning Commission Agenda - 08/01/06
The minimum requirements for the district are as follows:
.
Required Average
Lot Area 16,000
Lot Width 90 feet
Front Yard Setback 35 feet
Rear Yard Setback 30 feet
Side Yard Setback 20 feet comer lot
10 feet interior house
6 feet interior garage
The applicant has not submitted any information on individual lot sizes or setbacks at
this time. This information will be necessary as part of any application for
preliminary plat approval.
Circulation! Access
The main access to the site will be in the northeast comer offCSAH 18. The single
family homes in this development will be served by four different streets with a
connection proposed to Carlisle Village and a potential future connection to the
property to the south. All streets are proposed as public with 60 foot right of ways, in
compliance with City standards. The exception to this is the entrance to the site,
which is proposed with two one-way streets separated by a landscaped island, each
with 20 foot right of ways. No details have been provided on road width. Details on .
road width and street sections shall be subject to approval by the City Engineer.
Park Dedication
Section 11-6-1 refers to the park dedication requirements. This section states that the
City shall require all developers requesting platting or replatting of land in the City of
Monticello to contribute an amount ofland for public park and trail purposes. No
park has been proposed due the trail connections to the Rolling Woods and Water
Tower Parks.
Landscaping
The concept plan does not contain a specific landscape plan. However, on a narrative
submitted by the applicant it is stated that they intend to preserve as much of the
natural landscape and wetlands as possible. The south central portion of the site
contains a large wetland which is intended to be preserved. Nearly the entire
perimeter of the site is surrounded by dense woodlands and the applicant intends to
instaUlandscaping surrounding the ponding areas in excess of what is required for the
district. Native plantings are planned for these areas. The site plan also indicates
overstory trees on either side of the entrance, and a landscaped island containing
ornamental trees and other plantings.
The City requires every subdivision to submit a landscape plan that identifies areas of
public value, including significant views, natural vegetation, and watercourses. The .
applicant should submit a landscape plan that provides for the addition of trees,
2
",",if
Planning Commission Agenda - 08/01/06
.
shrubs, and groWldcovers or grasses that achieve naturalized areas around the
stormwater ponds and wetland and preserve the natural woodland areas at the edges
of the subdivision.
Grading, Drainage, and Utilities
No grading, drainage, or utility plans have been submitted with the application.
However, the City Engineer has reviewed the sketch plan and has the. following
comments:
. Storm sewer shall outlet to the pond at Carlisle Village along CSAH 18.
. Water main looping shall be provided along CSAH 18 to the site from the stub
. at Carlisle Village
. A potential future connection shall be provided to the property to the north.
· The site shall be serviced by gravity sewer. The applicant shall evaluate
feasibility of extending gravity sanitary sewer along CSAH 18 from Carlisle
Village
Stormwater
Three stormwater ponds are proposed throughout the development for a total area of
approximately 2 acres. These ponds will be improved and landscaped to serve as an
amenity to the development. Detailed stormwater plans shall be submitted as part of
any application for preliminary plat. Said plans are subject to review and comment
by the City Engineer.
.
AL TERNATIVE ACTIONS
Regarding the application for concept stage approval of Montaire, a 106 lot single
family development, the Planning Commission is asked to provide direction to the
applicant to aid in the preparation of the preliminary plat in terms of land use, density,
plat configuration/design and circulation.
STAFF RECOMMENDATION
Staff believes the sketch plan submitted incorporates the natural features ofthe site in
an effort to create lots that are appropriate for high-end single family homes. As
such, the plan appears to be consistent with the intent of the R-IA District.
SUPPORTING DATA
A. Aerial Site Image
B. Applicant Narrative
C. Sketch Plat
.
3
BA Page 1 of2
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http://156.99 .28. 84/servlet/com.esri.esrimap.Esrimap?ServiceN ame=CustomParcel&ClientV ersion=3.1 &... 7/27/2006
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3030 Granada Avenue North · Suite A
Oakdale, Minnesota 55128
(651) 777-6869 Office
(651) 777-8007 Fax
MONTAlRE
THE BEST OF MONTICELLO
On behalf of our entire team at Maplewood Development, Inc. and the planning
consultants at Westwood Professional Services, Inc., please accept this proposal for a
new upscale single family home development in the beautiful City of Monticello.
"Montaire" is located just east of the Carlisle Village community on the Yarco and
V ogl family parcels, south of County Road 18. The combined properties comprise
nearly 53 acres of]ovely, rolling, and wooded land that is naturally suited for upper
bracket homesites. The site also has wetlands that have been carefully blended into
the development plan so as to preserve a natural habitat for wildlife within the
neighborhood. Other man-made ponds will serve as wonderful amenities for residents
of this community and the water features will be carefully landscaped to accentuate
wetland vegetation found in the natural environment.
All ponding areas will be carefully planned for landscape finishes that wilI exceed
any City standard, so as to create natural and lasting landmarks within the
neighborhood. Together with the elaborate entrance monuments, the need for
professional lawn and garden maintenance around certain common areas is
contemplated, and we will almost certainly be imposing a small annual fee to
residents for the ongoing and perpetual maintenance of these areas.
The site has unique topographic features that will certainly allow for many full
walkout lots across the entire parcel. Walkouts are needed to provide upper bracket
buyers with a full range of options for a variety of home styles and floor plans. In this
regard, this is one of the parcels in Monticello that really lends itself to more upscale
housing.
Also, pad sizes have been carefully planned to accommodate larger homes, with our
guide having been a hybrid of the R-IA and R-2A zoning guidelines. This will allow
for Buyers, contemplating more expensive homes, to choose Montaire for its ability
to accommodate a variety of unique and more expensive floor plans while providing a
beautiful natural surrounding of the best that Monticello has to offer.
Thank you for your consideration ofthis proposal. We welcome comments from all
parties involved and we take great pride in our ability to work effectively with the
City staff, Commissions and the Council to create communities that we can all be.
proud of. ~" .
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