Planning Commission Agenda 09-05-2006
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AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, September 5th, 2006
6:00 PM
Commissioners:
Rod Dragsten, Lloyd Hilgart, Craig Schibonski, William Spartz,
and Sandy Suchy
Council Liaison:
Glen Posusta
Staff:
Jeff O'Neill, Angela Schumann, Gary Anderson, Ollie Koropchak,
Kimberly Holien and Steve Grittman - NAC
1. Call to order.
2. Approval of the minutes of the Planning Commission meetings of July 18th, August 1 st and
August 14th, 2006.
3. Consideration of adding items to the agenda.
4. Citizen comments.
5.
Public Hearing - Consideration of a request for Conditional Use Permit for Open and Outdoor
Storage in an 1-2 District.
Applicant: AME, Inc.
6. Public Hearing - Consideration of a request to amend Chapter 11 of the Monticello Zoning
Ordinance regulating the B-1 (Neighborhood Business) District.
Applicant: Monticello Planning Commission
7. Continued Public Hearing - Consideration of a request for rezoning from R-2 (Single and
Two Family Residential) to B-1 (Neighborhood Business).for 530 West Broadway.
Applicant: David Thielman/Gateway Music Festivals
8. 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 in a B-4 (Regional Business)
district.
Applicant: Mark Parnell/RiverCity Lanes
9. Public Hearing - Consideration of a request to amend Chapter 3 ofthe Monticello Zoning
Ordinance regulating the height and area of signs in a freeway overlay zone within
commercial districts.
Applicant: Monticello Planning Commission
10.
Adjourn.
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MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, July 18th, 2006
6:00 PM
Commissioners Present:
Chairman Rod Dragsten, Lloyd Hilgart, Sandy Suchy, William
Spartz
Commissioners Absent:
Craig Schibonski
Council Liaison:
Wayne Mayer
Staff:
Jeff O'Neill, Angela Schumann, Gary Anderson,
Kimberly Holien - NAC
1. Call to Order.
Chairman Dragsten called the meeting to order and noted a quorum of the Commission, and
the absence of Commissioner Schibonski. Commissioner Dragsten noted there were no June
minutes include in the packet and requested that they be included in the August packet.
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2. Consideration of adding items to the agenda.
NONE.
3. Citizen Comments.
NONE.
4. Public Hearing Consideration of a request for a rezoning from R-I (Single-Familv
Residential) to B-1 !Neighborhood Business). Applicant: David Thielman/Gatewav Music
Festivals.
Kimberly Holien presented the staff report, explaining that the subject site is surrounded by
single family residential uses on all sides. The site currently contains a single family home
that has been converted into office space. Holien reported that the current use is a legally
non-conforming use in the R-2 District. The applicant has indicated that he is looking to
relocate his operation, and a buyer is interested in the property. The prospective buyer would
like to put a full service spa in the existing building. Holien stated that staff has determined
that the proposed spa would be consistent with the beauty parlor permitted use within the B-
1. The building is consistent with the architectural appearance ofthe surrounding single
family homes, and no modifications are proposed for the building exterior.
Holien noted that the site is located one Y, block west of the Central Community District and
the fronting street, Broadway, is a major collector route. Holien indicated that the comp plan
does identifY some drift of CCD uses into adjacent area.
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Planning Commission Minutes - 07/18/06
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Holien stated that the purpose of the B-1 district is to provide for neighborhood uses such as
barber shops, small office spaces, beauty shops and other essential services. The proposed
spa use would include a small amount of retail, which would be considered accessory to the
principal use. The applicant's prospective buyer has indicated that there would be up to nine
employees, with a daily average of 4-7. They expect about 35 clients per day. Staff has
reviewed the site plan and seen no major issues with the proposed use, other than parking.
Holien stated that when analyzing parking, there is no exact reference for barber shops or
salons within the code. The City has traditionally used a figure of 1 parking space required
per 200 square feet for service or retail establishments. The applicant initially indicated that
the site provides for 24 spaces, although 31 are required. After meeting with the applicant,
they measured and completed a more accurate count. The applicant has indicated that they
will be able to supply a total of 33 spaces. As such, he would meet the 1 space per 200
square feet code requirement.
Spartz inquired if anyone would be living in the building. Holien stated that the applicant
will need to clarify that item.
O'Neill noted that while the downtown might grow, the comp plan also shows trying to keep
a residential character to the area. O'Neill stated that this is a remnant parcel which was
previously a funeral home and continues as a lawful non-conforming use. O'Neill asked if
the amount of parking available could be opening the door to a higher intensity use. Holien
responded that most cities use 3 spaces per chair calculation for this type of use.
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Dragsten noted that either way, there are enough parking spaces. Holien noted that they had
requested that the applicant stripe parking areas.
Suchy inquired whether there is a guarantee that this spa client will purchase the property; in
other words, doesn't the rezoning open the site up to any permitted use in the B-1. Holien
concurred and listed the permitted uses.
Chairman Dragsten opened the public hearing.
Darren Anderson, 513 W. 3'd Street stated that his property is directly behind the subject
property. He sought confirmation that the rezoning does not change the zoning of those
around it. The Commission noted that the rezoning is for the subject parcel only. Anderson
stated that there is currently a business running out of this location and inquired whether the
use would be converted or there would be an addition. Holien confirmed that he is
converting the use.
George Liefert, 203 Minnesota Street, stated that he is concerned about the effect on his
property. Dragsten responded that the site is currently zoned R-2; B-1 will allow different
uses on that site. Leifert inquired whether the spa would advertise. Dragsten stated that the
applicant would need to respond to that question.
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David Thielman, 1344 Prairie Creek Lane, addressed the Commission as property owner of
the business located at 530 W. Broadway. Thielman stated that the current business has 16
employees that are there every day. He indicated that he did not think the neighborhood
would see much difference in traffic. Thielman stated that the signage would be similar in
size to what was there when the funeral home was there.
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Anderson asked Thielman to verifY the parking arrangement in terms of aisle width and size
of parking stalls. Thielman replied that the dimensions used were based on City ordinance at
9' x 20'. Thielman indicated that the drive aisle is wide enough to accommodate a garbage
truck. Anderson also noted that there is a 5' green space around the parking area.
Anderson inquired ifthere is any change proposed for external lighting of the property.
Holien indicated that he has not submitted a lighting plan, intending that the client intends to
keep current lighting. Any additional lighting would need to be directed away from adjacent
property. O'Neill stated that light sources have to be hooded, no spill-over. .
Dragsten noted for the record a letter received from Richard and Ginger Carlson, neighboring
property owners, who opposed the rezoning, citing it as spot zoning.
O'Neill just added that he had also received an email from the property owner to the east,
who did not object to the rezoning, but did want to make sure landscaping is installed as
required and that parking would be in right location.
Hearing no further comments, Chairman Dragsten closed the public hearing.
Suchy acknowledged that this rezoning seems appropriate in this case due to traffic on
Broadway, and noted it has been a commercial use for a long time. Suchy inquired about the
proposed hours. Thielman stated that he does not know the client's proposed hours, although
his business is 7 days a week, 24 hours each day.
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Mayer asked about the 4 garage stalls included within the count and whether they would truly
be 2 deep. Mayer asked how he would be handling those. Thielman responded that those
would be for staff, although they may not be needed.
Spartz asked if this is R-2, can someone currently operate a salon as a home-based business.
O'Neill stated that a home-based business would be allowed, only under special home
occupation permit, a similar process to a CUP. Precedent has never allowed more than I or 2
staff for such uses. Dragsten clarified that they would also need to live there.
Dragsten stated that his concerns are being consistent in calculating parking and parking
setbacks, signage and lighting. He inquired if the use move forward, does the the buyer need
to get permission to get lights. O'Neill stated that as long as they meet minimum standards,
they would be permitted.
Holien stated that in B-1, signage is allowed at no more than 100 square feet, in any
combination.
O'Neill commented on the spot-zoning, stating that the purpose of the B-1 district is to
provide retail to the area. The intent is somewhat of a spot zone to serve a small area. The
question is whether the spa will be drawing from a larger area. The Commission will need to
weigh that. Dragsten stated that he isn't sure this is a neighborhood use.
Hilgart stated that he is not sure that they should be so concerned about parking, as he doubts
the potential client would use all 6000 square feet of this building. Hilgart noted that the
applicant is seeking the rezoning regardless ofthis proposed client.
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Hilgart stated that it has been a business and has been used that way for quite some time.
With a neighborhood business, it is difficult to expect to run a business with a block or two of
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business clients. Hilgart stated that he preferred such uses would come forward as
Conditional Uses. Dragsten stated that they don't need to. O'Neill stated this district is rare
and that in this case, a CUP may be appropriate. O'Neill stated that the Commission could
table the request to rezone and amend the district language relating to Conditional Uses.
MOTION BY COMMISSIONER SPARTZ TO TABLE THE REQUEST FOR REZONING
OF 530 W. BROADWAY TO THE SEPTEMBER PLANNING COMMISSION MEETING.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0.
MOTION BY COMMISSIONER DRAGSTEN TO CALL FOR A PUBLIC HEARING
DURING THE REGULAR SEPTEMBER MEETING OF THE PLANNING COMMISSION
TO AMEND THE B-1 DISTRICT. MOTION SECONDED BY SPARTZ. MOTION
CARRIED, 4-0.
5. Public Hearing Consideration to review for discussion an amendment to the Monticello
Zoning Ordinance Chapters 6A (Single Familv Residential) and 7 A (Single Familv
Residential). Applicant: Citv of Monticello
O'Neill noted that staff would be preparing information related to amendments for the R-IA
and R-2A and would present them at the September meeting.
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MOTION BY COMMISSIONER SUCHY TO CONTINUE THE PUBLIC HEARING
REGARDING AMENDMENTS TO THE RI-A and R2-A ZONING DISTRICTS TO THE
SEPTEMBER MEETING. MOTION SECONDED BY SPARTZ. MOTION CARRIED, 4-
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6. Consideration to review for discussion a draft framework for an amendment to the Monticello
Zoning Ordinance for Planned Unit Developments.
Holien referred the recent review of Monticello's PUDs, starting that the Commission had
indicated that a more structured approach would be preferred. Using feedback from the
review, staff had drafted a PUD points system, which was included in the Commission's
packet for review. Holien stated that it is an objective points system to give us a more
concrete method of determining superior project and is intended to uphold the goals of the
PUD ordinance's purpose and the comprehensive plan. She noted that the points values listed
may need adjustment in weighting.
Holien explained that under this points system, any applicant would need to meet a minimum
number of points to apply for PUD. If an applicant doesn't achieve the points necessary, they
need to use straight zoning approach.
Dragsten asked if this system is used in many other cities. Holien stated that it is.
Dragsten noted that an applicant would need to achieve 75% of possible points for it to be a
PUD; he inquired if there are any bonuses for going beyond that number. Holien stated that
the 75% is required just to apply for PUD, it does not constitute a formal Commission or
Council review or approval ofthe PUD itself.
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Mayer stated that he was not in on the original discussion and asked why 75%. Holien stated
that was just a benchmark. O'Neill stated that staff haven't taken this against existing PUDs
to get a feel for the application of this.
Dragsten stated that a lot may depend on size of a development. If a developer has a small
project, this amount of points might be difficult to achieve. Dragsten asked for clarification
on a number of items listed within the criteria and Holien provided further detail and made
noted for future revisions.
Mayer stated that he would like to see the criteria applied to existing projects, including
Carlisle Village at original application and now, and also with Sunset Ponds.
O'Neill asked if far as calculating, it is important for the same person to always do this.
Holien stated that the system is relatively objective.
Mayer stated that it seems like points can be accumulated before presenting a project to the
Commission, which may inhibit the Commission's filtering. Dragsten stated that the intent is
that if the developers do this form and meet the points, they can apply. Holien noted that a
narrative and booklet with information detailed would be required.
Spartz stated that in a PUD developers always want density, but that isn't referenced here.
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Suchy commented that the elderly population is discussed frequently. She commented that
perhaps developers should be given a credit for providing life-cycle housing. O'Neill stated
that could be adjusted. Dragsten stated that if we start giving bonuses for that, we may end
up giving bonuses for other areas.
Schumann proposed that staff review some of the mentioned developments and possibly
other in terms of the scoring criteria, make adjustments to the criteria as noted and then
provide an update to the Commission in September. The Commission agreed.
7. Adiourn.
MOTION BY COMMISSIONER SPARTZ TO ADJOURN.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 4-0.
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MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, August 1st, 2006
6:00 PM
Commissioners:
Rod Dragsten, Lloyd Hilgart, William Spartz, and Sandy Suchy
Commissioners Absent:
Craig Schibonksi
Council Liaison:
Glen Posusta
Staff:
Jeff O'Neill, Angela Schumanu, Gary Anderson, Ollie Koropchak,
Bruce Westby, Kimberly Holien and Steve Grittman - NAC
1. Call to order.
Chairman Dragsten called the meeting to order, declaring a quorum of the Commission. Dragsten
noted the absence of Commissioner Schibonski and that Council Liaison Posusta would be late.
2. Approval of the minutes of the regular Planning Commission meeting of June 6th, 2006.
MOTION BY COMMISSIONER HILGART TO APPROVE THE MINUTES OF JUNE 6th, 2006.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0.
3.
Consideration of adding items to the agenda.
NONE.
4. Citizen comments.
NONE.
5. 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
(Highwav Business) District. Applicant: Mielke Bros., LLC
Grittman presented the staff report, noting the project's location at the intersections of Cedar and
Highway 25. Grittman stated that the drive through addition would be an amendment to the current
conditional use permit in place for planned unit development. The drive through is proposed to be
located along Cedar Street. The shopping center for which the drive through is requested is currently
under construction.
Grittman explained that the applicant has made enhancements to the Cedar Street side of the building.
In this request, they would convert the access-street side from green space to drive-through. Grittman
stated that the City had accepted the application with the condition that the applicant provide civil
drawings, which were received after the public hearing publication deadlines. As such, it was not
noticed until after publication deadline that the drive through was within the easement lines, which
requires a variance.
Planning Commission Minutes - 08/01106
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Grittman indicated that this hearing is only for the amendment. He reported that staff have a number
of concerns regarding the drive-through proposal. The location and length of stacking space are the
primary concerns. Based on the dimensions ofthe drawing provided, there are only about 3 Yz car
stacking spaces. The fourth car would be extending into the Cedar Street traveled right of way. As
the applicants have not indicated the user, and as the City doesn't control the user, the City usually
looks for a minimum of six spaces. There are some cases where the City has less, but in those cases,
stacking traffic is internal to the site. In this situation, stacking onto the public right of way is more
likely to present safety concerns.
Grittman stated that there are also a number of potential issues with design. The comer of the building
is within 12' of the right of way line and the sidewalk proposed for Cedar. As such, accommodating a
drive-through would put the back of curb very near the sidewalk. The purpose of driveway areas
being off easements areas is for snow storage, safety and green space. This proposed design
eliminates the green space that had been present in the area. Grittrnan reported that the applicants
have indicated a willingness to move the sidewalk, if necessary. There are also other concerns about
exiting traffic from the drive-through. Traffic exits without good visibility and in the midst of a major
driveway access. The City Engineer had indicated some concern regarding the turning radius at this
point.
As a result of both planning and engineering staffs concerns, Grittman stated that staff are not
recommending approval of the amendment to CUP as proposed. Conditions of approval have been
provided, ifthe Commission is inclined to recommend approval.
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Suchy asked about approving the Dairy Queen drive-through in that area, which also seems to present
many of the same issues. Grittman responded that the Dairy Queen did receive a variance. Suchy
asked if most of the green space would be eliminated. Grittman answered that it would be.
Spartz asked about definition of a "low volume" drive through. Grittman responded that fast food
drive throughs are more high intensity; the nature of this development wouldn't allow for that. Low
volume drive throughs would probably be pharmacies. Weare assuming this is not a pharmacy based
on square footage. Spartz asked if the access to Cedar would remain. Grittman stated that the curb cut
will be there and act primarily as a service access.
Dragsten asked for the dimension of the drive-through area in relationship to access. Grittman
displayed the site plan, stating that refuse haulers would have to pull in and back out, as there would
be no additional access around the building.
O'Neill asked about retro-fitting drive-throughs in other areas that had the potential to stack in the
street. Grittrnan stated that in those circumstances, people wait in the public right of way. O'Neill
asked about a safety measure that could be installed to prevent conflict between pedestrians and
exiting traffic. Grittman stated that building mirrors can be helpful.
Chairman Dragsten opened the public hearing.
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Dan and Lee Mielke, applicants, addressed the Commission. Dan Mielke asked the Commission
for approval of the proposed drive-through and stated that he intended to address staffs concerns.
Mielke discussed items that he felt made the project superior; stating that the storefront look was
carried around the building, and noting the other landscaping elements and that the site was
overparked by 8-9 vehicles. Mielke stated that the site would have good ingress and egress and
that a low volume user was proposed for the space. Mielke stated that a business wouldn't want
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to locate in the drive-through space if they didn't think the stacking could work. Mielke noted
that there is nothing in the code that prescribes stacking.
Mielke displayed the site plan for the originally approved Travel Center PUD, stating that access
was approved and designed for a gas station in this area. As such, he stated that this access will
certainly handle a low volume user. In terms of stacking space, Mielke indicated that the drive-
through aisle is 95' long, which when divided by 22' for a car length, is 4.3 cars. He indicated
that there is actually 116' to the comer, which would allow 5.2 spaces at 22 feet. Mielke noted
that he thinks the drive thru will easily handle 5, probably 6 cars before it reaches the street.
Mielke reported that they would be happy to move the sidewalk to accommodate the drive-
through, although it is only 1 foot off the curb line and is so only at one point.
Mielke indicated that the original approval of PUD occurred when parking could be put within 5
feet of the property line. He noted the 15' easement the City took on a separate portion of the
proj ect.
Mielke went on to review other drive-through arrangements throughout the community, including
Snyder's and the recently approved Taco John's.
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Dragsten asked Mr. Mielke to conclude as he would like to take comments from the public,
commissioners and staff. Mielke responded that he had other comments about easements around
buildings. Mielke stated that he believed the new drainage and utility ordinance inhibited
property owner's full use of property. Mielke asked about the reasoning behind the easement
ordinance. O'Neill replied that often, these areas are used for utilities, and when the City has to
complete work on these utilities, there is often disagreement on who is liable for costs. Mielke
stated that he would be willing to sign a waiver over the easement to place utilities in there. He
noted again that he thinks the ordinance is a restriction that should be reconsidered.
Mielke reiterated other points on signage and lighting on the site. In regards to the City
Engineer's comments, which discuss a pinch point in the drive-through, Mielke stated that the
drive-through is 11', with a bollard at the corner. He indicated that he could cite all kinds of
examples where this width occurs in the City.
Dragsten indicated that Mr. Mielke had proven that in that past, the City has tried to work with
businesses. Dragsten requested that the Commission be allowed to move ahead to get their
questions answered. Mielke deferred, citing the City library drive through width at 9'8" and
having significant safety issues. He also addressed the engineer's storm sewer comments, noting
that Meyer Rohlin, their engineer, stated that any additional water will flow into the storm sewer.
Mielke went through Exhibit Z conditions, noting that they are not seeking an order board, and
that he had addressed stacking and landscaping already. He stated that they are happy to comply
with the engineer's other recommendations as long as they are in compliance with codes.
O'Neill questioned the nature of the business intended and the process of using the drive thru.
Mielke stated that the reason the drive through wasn't requested originally is that it would have
been added into a larger space. O'Neill asked if users order from home. Mielke answered that is
the case with this prospective tenant. That is why there is no order board.
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Suchy asked if there any chance that a tenant could expand into the next bay and create a more
intense use. Mielke stated the next bay is already leased; although it could happen in the future.
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Suchy stated that she does appreciate Mielke's feedback, it does give a different perspective. She
indicated that she does believe it will be an upscale development.
Spartz asked if the original PUD relied on shared parking. Mielke confirmed. Spartz noted this
PUD seems to have been piecemealed together. It seems that when putting the layout of the
building and site up, the developer need to work within the codes in deciding on the property
lines. Spartz asked how Mielke may have accommodated that drive-through differently if
plarmed from the beginning. Mielke replied that he would still have same stacking issue.
Hilgart asked what O'Neill and Grittman think about the other plans presented by Mielke; how
does this proposal relate to others approved? Grittman stated that staff stand by their comments,
based on their experience in this community and others. Grittman indicated that he thinks the
only place the City has allowed encroachment into the 12' easement areas was Taco John's, and
that was to align the exit lane which was a fixed point. Beyond that, in terms of the length of the
drive-throughs, the City has consistently looked at those to make sure that overflow stacking has
occurred in private parking areas. O'Neill also noted that prior to the drainage and utility
easement setback, there was a five foot setback. This proposal would still have needed a variance
under those standards.
Hearing no further comments, Chairman Dragsten closed the public hearing.
O'Neill asked if the business could limit the orders taken. Mielke stated he had asked the
prospective tenant about ordering at the window; economics will control the situation.
MOTION BY COMMISSIONER HILGART 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 of the 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.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 3-1., WITH
COMMSISIONER SUCHY IN DISSENT.
Gritlman noted that the variance request will be heard separately at an upcoming meeting..
6.
Public Hearing - Consideration of a request for Variance to the Monticello Zoning Ordinance section
3-9(E) regulating the height and area of ovlon signage for a hotel orooertv in a B-3 (Highwav
Business) district. Aoolicant Best Western/Scenic Sign
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Grittman presented the staff report, stating that the applicants are seeking a variance for height and
area for a sign. Grittman explained that the sign ordinance for pylons is based on frontage road speed.
The proposed sign is 173 square feet, the code allows for 100. Grittman summarized the hardship
findings that need to be made. In this particular case, the applicant's property had extended into the
freeway bonus area, allowing for additional height and area. However, the applicants sold that
property, and the property left no longer qualifies. One offmdings ofa variance requires that the
hardship condition is not created by the applicant, In this case, it clearly was. As a result, Grittman
stated that staff does not recommend the variance. If the City believes sign is appropriate, the more
appropriate avenue would be amending the ordinance.
Chairman Dragsten opened the public hearing.
Hearing no further comments, Chairman Dragsten closed the public hearing.
Dragsten asked if the applicant had already purchased the sign. O'Neill noted that it was purchased
under the idea it would be placed at a different location, within the freeway bonus area. If the
Commission thinks it would fit, an ordinance amendment would be more appropriate. Dragsten
commented that there doesn't seem to be grounds for a variance, and granting one would set a
precedent. He did note that it is understandable that the business needs something on Oakwood and
that the drop in allowable area and height from the freeway bonus area is substantial.
Suchy stated that she believes that Monticello is a freeway City, and as a traveler she looks for these
signs. If we want to invite people in, she stated that she thinks that the ordinance should fit that goal.
She indicated that the sign doesn't seem inappropriate for the area.
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Dragsten noted that it is not a pylon. He commented that when driving, he looks for the blue
directional signs, noting that this sign is out of freeway range and view. The question becomes where
the freeway bonus area ends.
Spartz stated that he understands the difficulty for the applicant. Sign would accentuate their business.
However, the Commission has dealt with this issue before, in that by giving a variance to one, then it
becomes an issue of giving one to the next.
Grittman stated that the City could create an overlay district to allow different types of signs in
different areas. Grittman stated that restricting by business type regulates content, which is illegal.
Posusta agreed with Grittman, stating that the City should revisit the freeway bonus area. He indicated
that he thinks it important in this situation that the applicant be able to put this sign up, due to
extenuating circumstances.
Dragsten stated that he likes the sign, but reiterated that granting a variance sets a precedent; he would
rather change the ordinance.
Spartz asked if the Commission could table for the amendment process. Dragsten stated the
amendment would take at least two months. O'Neill noted that an approval had already been given by
Council for a portable sign. The Commission discussed a companion motion on the amendment.
Posusta stated that time is ofthe essence on this request.
MOTION BY COMMISSIONER SPARTZ TO DENY THE REQUEST FOR A VARIANCE,
BASED ON A FINDING THAT NO HARDSHIP IS PROVEN AND THE FOLLOWING:
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A. The property does not exhibit any unique conditions that interfere with reasonable use.
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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 due to the
applicants' own action. Ai; 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.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0.
MOTION BY COMMISSIONER SUCHY TO PREP ARE AN ORDINANCE AMENDMENT TO
ADDRESS THE FREEWAY BONUS AREA AND A POSSIBLE OVERA Y DISTRICT.
Grittman asked for the amendment to presented for the September meeting.
COMMISSION SUCHY AMENDED HER MOTION TO INCLUDE A PROVISION CALLING
FOR THE PUBLIC HEARING AT THE MEETING OF SEPTEMBER 5th.
MOTION SECONDED BY COMMISSIONER SPARTZ AS AMENDED. MOTION CARRIED, 4-
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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 facilitv in a B-3 (Highwav
Business) District. Applicant Steiner Development. Inc.
Grittman presented the staff report, statiog that 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.
Grittman noted that the applicants indicated that a potential restaurant tenant may also occupy the
northernmost unit within the strip center. Usually restaurants have their peaks at same time ofthe
day. 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 j oint parking arrangement without knowing the exact tenants for
the site. Staff would also recommend limiting the number ofrestaurant 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. At this time, staff have applied the
parking code as prescribed. A second restaurant use would create a parking deficiency. 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, Grittman
indicated that 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 CUP 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.
Grittman reported that he applicant is proposing a "low-volume" drive through in the northeast
comer of the site. As proposed, 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
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would potentially create parking and traffic congestion problems. 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.
Grittman stated that staff are recommending approval for the conditional use penuit for joint access
and drive-through, with the conditions as outlined in Exhibit Z. At the time that users are identified
for both the pad retail and possible second restaurant tenant, it will be appropriate to evaluate the joint
parking CUP.
Spartz stated that he noticed that when customers access the order board, traffic is coming from the
opposite direction, so there are three different movements in a short area. Grittman stated that is a
common problem with most drive throughs. Grittman stated that the access lanes are all open
driveway, and users should have adequate time to match up with traffic flow.
Hilgart inquired if they remove those parking spaces, will they still meet requirement. Grittrnan
confirmed that they have three excess spaces. Hilgart asked about the need for ajoint access CUP,
Grittrnan stated that it is conceiveable that traffic will move between O'Ryans and this site. Hilgart
asked about joint parking. Grittman stated that CUP would corne with 2nd restaurant in the first phase
building and pad site. Hilgart asked if the applicant will have to corne back for that CUP. Grittrnan
stated that Commission could table until they have a more defined tenant mix, rather than deny the
CUP.
.
Dragsten clarified the joint parking is not between this site and other lots. Grittrnan stated that it is
contained to this site; between the retail mix building and the pad site.
Hilgart asked if the Commission didn't agree that the joint parking arrangement was sufficient, would
the comer tenant need additional spaces. Grittman stated that if you want more restaurants, they
would need to encroach into the pad space with more parking.
Suchy asked if parking would be allowed on Hart Bouelvard. Grittman stated that he doesn't believe
there is a no parking condition, but the City does need to be careful about parking on Hart.
Dragsten asked about the proposed bike path. Westby confirmed that the City will be building that
portion of the bike path. Dragsten noted that the City will build the main trail connection along
County 39, to which the developer will connect with sidewalks.
Suchy asked if it would make more sense to make it one way behind the building, rather than trucks
only. Grittrnan stated that had been discussed, but the parking spaces will be used for employees only.
The intent is to discourage as much commercial traffic as possible.
Chairman Dragsten opened the public hearing.
Lisa Diehl, addressed the Commission representing Steiner Development as applicants. She
introduced Neil Weber, project architect, and Todd Johnson, VP of Development for Steiner
Development.
.
Dragsten commented that color elevations hadn't been presented. Dragsten asked if the building
would have awnings. Weber stated that the awnings will depend on the tenant mix in terms of
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length. The building materials will be concrete brick, with EIFS surface. There will be a
wrapped front treatment around comers. The back of the building will be rock-face block in a
complimentary color. Dragsten inquired if the building varies in terms of wall depth. Weber
stated that the building is raised at either end, as will the middle section on inside comer.
Dragsten sought clarification on building dimensional relief. Weber stated that there would be
approximately 120 feet of straight surface.
Dragsten asked if Steiner was considering patio areas on both ends. Diehl stated that at this time,
only at the drive through end. Johnson stated that he had spoken with staff, who were agreeable
to amending Exhibit Z to provide for fencing at the time patios went in for either end.
Dragsten asked if the applicants had reviewed Exhibit Z. Johnson responded that they had
reviewed the conditions. First, addressing the issue of parking, Johnson stated that staff has
recommended and is agreeable to giving approval for cross parking for the building as proposed.
If Steiner were to come in with something that is not retail, he understands that they would need
to come back. Johnson stated that the outlot is a question mark in terms of type ofretail business.
Johnson indicated that Steiner understands that there is a process for the joint parking agreement
and they will follow it at that time.
In regard to the comment on parking on Hart Boulevard, Diehl stated that they would welcome no
parking there. Johnson reported that they are in agreement with all conditions, with the one
change that fencing be installed at time patios are installed.
.
Suchy asked about the drive through reconfiguration. Johnson stated that they accept the
condition. Johnson stated that they had a conversation with the prospective tenant who is
prepared to come back and accommodate additional stacking.
Dragsten asked about joint parking. Johnson stated that they way it is being suggested, Steiner's
parking is approved for one restaurant. A second restaurant use would require more parking. It
may be that if a second restaurant is proposed, they would be able to manage the parking to
demonstrate they can accommodate need. Grittman explained that the way the requirements
work, parking is determined based upon tenants. Grittman stated that in terms of the joint parking
CUP, the Commission can either deny or table approval until the time they need to consider it.
Johnson stated that creates a hardship for Steiner in trying to get full utilization of the property.
Johnson stated that they need to have ability to lease the building. Grittman stated that the
Commission could approve joint parking as described and if Steiner has an additional restaurant,
they will need to re-analyze the joint parking. Joint parking isn't necessary at this point.
Hearing no further comments, Chairman Dragsten closed the public hearing.
MOTION BY COMMISSIONER SPARTZ TO TABLE APPROVAL ON A CONDITIONAL
USE PERMIT FOR JOINT PARKING UNTIL SUCH TIME THAT NEED IS
DEMONSTRATED.
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.
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2. Motion to recommend denial of the Conditional Use Permit for a joint parking arrangement
for Broadway Market.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 4-0.
MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF THE
CONDITIONAL USE PERMIT FOR JOINT ACCESS, BASED ON A FINDING THAT THE
PROPOSED ARRANGEMENT WOULD MEET THE REQUIREMENTS FOR OFF-STREET
PARKING, SUBJECT TO THE CONDITIONS LISTED IN EXHffiIT Z AS FOLLOWS.
The site plan shall be revised to create at least 40 feet of additional stacking space behind the order
board.
The landscape plan shall be revised to provide 7 additional overstory trees along CSAH 39 and Hart
Boulevard.
The landscape plan shall be revised to identifY "SKH," as indicated on the plant schedule.
The applicant shall provide details on height and face area of all proposed signage. The sign plan shall
conform to ordinance standards.
The applicant shall provide colored building elevations, including dimensions of the building,
including the front fa,ade.
The entrance to the east driveway shall be signed "trucks only."
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 aud drainage of the main parking area.
Both patios shall be surrounded with fencing and moveable planters.
The applicant shall comply with any recommendations of the City Engineer.
Schumann inquired if Hilgart intended that his motion include that for Condition 8 that fencing
and planters would be required at that time that patios are installed. Hilgart concurred.
MOTION SECONDED BY COMMISSIONER SUCHY AS NOTED. MOTION CARRIED, 4-
O.
MOTION BY COMMISSIONER SUCHY TO RECOMMEND APPROVAL OF THE
CONDITIONAL USE PERMIT FOR A DRIVE THROUGH FACILITY, BASED ON A
FINDING THAT THE PROPOSED ARRANGEMENT WOULD MEET THE
REQUIREMENTS FOR OFF-STREET PARKING, SUBJECT TO THE CONDITIONS LISTED
IN EXHffiIT 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.
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Planning Commission Minutes - 08/01/06
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 fa,ade.
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.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0.
8.
Consideration to review for comment a sketch plat for Montaire. a 106 unit. single-familv
development. Applicant: Maplewood Development
Grittman presented the staff report regarding the request for sketch plan review. Grittman noted that
the site gains access from County 18 and provides access to the west and to the property to the south.
The single family lots are arrayed around the internal street system. Grittman reported that the project
appears to meet the requirements for R-IA development and complies with plan requirements,
although specific lot areas have not been provided at this time. One comment that has been raised by
staff is that a potential for connection to the north would be recommended. There is no development
planned for that area right now. Grittman noted that the City Engineer had provided comments in the
staff report.
Grittman explained that a portion of the project is affected by the City's work with the County Ditch
33 project. The storm water plan will be reviewed in detail with preliminary plan application.
Grittman stated that based on this plan. staff believe it appropriate to go forward to preliminary plat
application. There is not a specific action of approval or denial needed with sketch plat. This review
is used to provide feedback to the applicant.
Suchy asked if, based on the total area given, the lots are going to be Y, acre lots, or if a lot of the land
undevelopable. Grittman stated that the gross area includes street ROW, but after that subtraction, the
plat appears to meet the 16,000 requirement, with lots at a little over 1/3 of an acre.
Spartz asked if the two cul-de-sacs were dead ends, what would be street width. Grittman stated that
on cul-de-sacs, a 30' face to face measurement is allowed at the cul-de-sac throat. Spartz clarified that
it will open the development site. Girttman commented that the City has a standard design for
oversized cul-de-sac with islands.
Spartz noted concern about Ditch 33. Dragsten asked if without improvements, development can be
done. Grittman stated that storm water run-off to the ditch does impact this project. However, if the
Ditch 33 improvement project doesn't go forward, there is an alternate way to handle storm water.
Suchy asked how far a park would be from homes. Grittman responded that there is a park on the east
side of Rolling Woods at Y, to \4 mile from this development. He noted that the next step for this
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Planning Commission Minutes - 08/01/06
project is to go to the Parks Commission for their recommendation. Dragsten stated that the Park
Commission has option to choose land or cash for dedication purposes.
Mario Cocciarella, Maplewood Development, addressed the Commission. Cocciarella explained that
some of the reasoning behind seeking R-IA zoning was that the site has a large amount of relief and
grade change. He indicated that 75-80% ofthe lots have the potential for full walk-out lots. He said
that they haven't planned any specific park areas, as homes in this price range may not lend itselfto
that. However, Maplewood does plan to provide landscaped amenities and perhaps create a small
association. Cocciarella stated that they have been working with staff to study Ditch 33.
Dragsten asked if they are proposing bike paths. Cocciarella responded there would be trail between
this development, through Carlisle Village, to the parks. Dragsten inquired whether the split entrance
area with plantings would be maintained by the homeowners association. Cocciarella confirmed it
would be, as well as the ponding areas. Dragsten asked if in terms offollowing the R-IA standards, if
Maplewood will use one builder or whether it will be open to builders. Cocciarella answered that plan
is to put together 7-9 builders, as it will be easier to control the architectural issues. He indicated that
he would like to move this proj ect forward in fall 2007.
Dragsten stated his other concern is that this site looks like a valuable site, with no POO. He noted
that will require that Maplewood follow the R-IA standards. He inquired ifthere is anything
Maplewood can provide the Commission with to state that this is the type of home that is going in.
Cocciarella stated they can't control every home plan. However, they will provide guidelines for basic
square footage, roof pitches, landscaping detail, etc. He commented that Maplewood's covenants
would more than likely go beyond ordinance. Dragsten stated that the Commission would be
interested in at least reviewing those guidelines.
Suchy commented that she appreciated the cul-de-sacs and agrees with the comment that those seeking
upper end may be past desiring parks. She stated that she would like to see some amenities worked in.
Cocciarella stated that association fees would be nominal to take care of that. Suchy stated that she
was happy to see the larger lot sizes. Cocciarella commented that they are aware that they may
potentially loose some lots because of grade change.
Hilgart noted that he was pleased not to see a POO on this proposal.
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: Citv of Monticello
MOTION BY COMMISSIONER HILGART TO CONTINUE THE PUBLIC HEARING ON THE
REQUEST FOR A CONCEPT AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT
TO ALLOW AN OFF-PREMISE SIGN IN A B-4 DISTRICT.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0.
10. Adiourn.
MOTION BY COMMISSIONER SUCHY TO ADJOURN.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0.
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MINUTES
MONTICELLO PLANNING COMMISSION
Monday, August 14th, 2006
6:00 PM
Commissioners Present:
Rod Dragsten, Lloyd Hilgart, William Spartz, and Sandy Suchy
Commissioners Absent:
Craig Schibonski
Staff:
Jeff O'Neill, Angela Schumann, Gary Anderson, and Kimberly Holien-
NAC
1. Call to order.
Chairman Dragsten called the meeting to order, declaring a quorum of the Commission, noting the
absence of Commissioner Schibonski.
2. Consideration of adding items to the agenda.
NONE.
3. Citizen comments.
4.
NONE.
Public Hearing - Consideration of a request for Variance to setback requirements for a drive-tbm lane
within an existing PUD within a B-3 (Highwav Business) District. Applicant: Dan Mielke/Alan Loch.
O'Neill reviewed the staff report, stating that after the original amendment to PUD was approved and
construction on the building began, the applicants found a need to include a drive-through. This use
required consideration of a second amendment. Additionally, staff did not receive the civil drawings
for the drive-through until after the publication deadline for the public hearing. As such, it was found
that a variance would be needed to accommodate the proposed use, due to the drive-through's location
within the drainage and utility easement. The question the Commission needs to consider is whether
the applicant has full use of the property without the variance.
Dragsten clarified that the Commission had considered the amendment to PUD at the August l.t
meeting, recommending denial.
Spartz inquired whether the medians in Cedar Street would remain. O'Neill confirmed.
Chairman Dragsten opened the public hearing.
Dan Mielke, property owner and applicant, addressed the Commission. Mielke referred to the
previous examples of other drive-throughs approved at setbacks less than the current proposal.
He noted that his original PUD for the Travel Center site had been approved with setbacks at 5',
rather than the 6' and 12' required with the recent ordinance amendment. Mielke reiterated his
belief that this amendment takes a substantial amount of usable property. He stated that he had
checked with other cities; they allow encroachment into the easement areas.
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Planning Commission Minutes - 08/14/06
Mielke referred to the 15' easement the City had taken in the south area of the site, stating that the
City has created a hardship by requiring such a large easement on the south side of the property.
Mielke illustrated the area that would be within the 5' setback, the previous ordinance
requirement, stating that it would be minimal.
Dragsten asked for clarification on the 6' and 12' easement requirement. O'Neill clarified that a
recent ordinance amendment requires that parking or drive aisle areas not encroach into setbacks.
The setback for these areas is equivalent to the drainage and utility easement. Prior to the
amendment, the setback for parking and drive aisles was 5'. Schwnann noted that the
amendment to PUD allowing for the construction of this building was approved after the 6'/12'
drainage and utility easement amendment.
Mielke asked about flexibility granted by PUD status. O'Neill responded that by ordinance,
PUD's do not allow flexibility in perimeter setbacks. Mielke referred to the Exhibit Z Conditions
of Approval, stating that he is willing to sign an agreement for surface restoration for utility work
needed in that easement.
Hearing no other public comment, Chairman Dragsten closed the public hearing.
Dragsten stated that he believes there are three issues to consider. The first is that if the
Commission believes the variance should be granted, then the Commission may want to
reconsider the recommendation to deny the amendment to PUD. Secondly, consideration as to
whether this site should be held to the previous ordinance requirement of 5' setback or the
amended ordinance requirement of 6'. Finally, the Commission needs to determine whether the
variance supports the PUD as a superior development.
Suchy stated that the guidelines for granting variances are very specific in that they cannot be
granted for financial purposes. She noted that as the original PUD for this building seems to have
been approved with this requirement in place, it doesn't seem like an improper taking of land.
Spartz stated that his concerns regarding the stacking and access remain, as well as the definition
oflow-volume drive-through. These seem not to support a variance approval.
Hilgart indicated that he did not see that hardship had been demonstrated. The development had
already been approved utilizing the site within the ordinance requirements.
MOTION BY COMMISSIONER SPARTZ TO RECOMMEND DENIAL OF THE REQUEST
FOR A VARIANCE BASED ON A FINDING THAT NO HARDSHIP IS PROVEN AND
THAT REASONABLE USE OF THE PROPERTY (A COMMERCIAL SHOPPING CENTER)
IS AVAILABLE WITHOUT THE VARIANCE TO ALLOW THE DRIVE-THROUGH
WINDOW IN THE PROPOSED LOCATION.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0.
Dragsten noted that the applicant had an opportunity to appeal the denial to the City Council.
5. Adiourn.
MOTION BY COMMISSIONER SPARTZ TO ADJOURN.
MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED, 4-0.
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Planning Commission Agenda - 9/5/06
5.
Public Rearin!!: - Consideration of a reauest for Conditional Use Permit for Open
and Outdoor Stora!!:e in an 1-2 District. Applicant: AME. Inc. (NAC)
REFERENCE AND BACKGROUND
A VR has submitted an application for a Conditional Use Permit for open and outdoor
storage for their site located on Lot I, Block I of the Otter Creek Third Addition. The
site is zoned I-lA, Light Industrial.
Conditional Use Permit. Open and outdoor storage is permitted as a conditional use in
the I-IA District, provided that:
. 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 G of this
ordinance.
. Storage is screened from view from the public right of way in compliance with
Chapter 3 Section 2 G of this ordinance.
. Storage area is grassed or surfaced to control dust.
. 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.
. The provisions of Section 22 of this ordinance are considered and satisfactorily met.
ANALYSIS
A VR is requesting a Conditional Use Permit for open and outdoor storage at their ready-
mix plant. The site is located on the eastern border of the I-IA District, on the east edge
of the City.
The outdoor storage area is located in the northwest comer of the site. This area is
approximately 7,875 square feet in area and will be used for storing aggregate. The area
is broken down into five storage stalls, each 24 feet wide, 42 feet long and 6 feet high.
Due to the topographic conditions of the site, staff is particularly concerned with
screening and buffer requirements.
The outdoor storage area is required to be screened from the public right of way and any
neighboring residential districts. An eight foot screening wall is proposed for the
northeast, northwest, and eastern perimeters of the site. The proposed wall is two feet
higher than the walls surrounding the storage stalls. Said wall will contain ten foot
columns placed at all comers and at entrances to the site. Due its size, staff requested the
addition of columns to break up the monotony of the wall. The wall is to be constructed
of 2 x 2 x 6 foot precast concrete wall units placed in an ashlar pattern and a cement cap.
The faces of all units will be textured and stained.
The walls surrounding the storage stalls are six feet in height, constructed of precast
colored concrete. The colors of the walls have not been indicated on the site plan. Staff
recommends earth tones to compliment the surrounding landscape and improve the
aesthetics of the site.
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Planning Commission Agenda - 9/5/06
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A retaining wall is proposed northwest of the hopper. The wall is approximately 275 feet
long. A second retaining wall is proposed parallel to the first retaining wall,
approximately 45 feet to the northwest. This wall is 65 feet long. Both walls will aid in
controlling any erosion near the hopper site, and partially screen the hopper from view.
The hopper connects to a conveyor belt which extends to a height of 42 feet, where it
connects to the plant. A silo is connected to the south side of the plant. The exterior
materials and colors of this silo shall be required to match those of the principal structure.
The exterior stairwell on batch plant shall also be painted to match building.
Other buildings on the site include a process water containment building to the east of the
plant, a shop on the south side of the site, and a fuel depot to the east of the shop.
Outside parking of trucks will occur in the twelve spaces designated in the southwest
comer of the site. The City shall require that no overnight parking of vehicles occurs
outside of this area. Employee parking is proposed for the extreme southeast comer of
the site.
.
Landscaping. For commercial sites a minimum of one 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 3,325.69 lineal feet of site perimeter and 15,194 square
feet of building area. The site perimeter calls for a greater requirement, with a minimum
of 67 overstory trees. The applicant has provided 35 deciduous and 32 coniferous trees
around the north, east, and west perimeters of the site. Plantings have been concentrated
in the southeast comer of the site to screen the view from the top of the hill on Dalton
Boulevard. Per the request of staff, trees have also been concentrated in the northwest
comer of the site to provide additional screening for the outdoor storage area. In addition
to these overstory trees, the applicant is proposing 19 Japanese Lilacs, 112 Buffalo
Juniper shrubs, and 12 Cardinal Red Osier Dogwood. The applicant has satisfied the
minimum requirement for the site.
In addition to the minimum requirement, staffhas requested that the applicant plant a
minimum of 50 additional conifer trees, a minimum of three to four feet high, along the
upper slope of the south buffer area. Staff requested that said trees be planted at twelve
foot intervals. The applicant has complied with this request, proposing 12 Black Hills
Spruce, 20 Colorado Spruce, and 18 Scotch Pine. In addition, three Marshall Ash and
five White Swamp Oak are proposed in this location.
Surfacing. The outdoor storage area is required to be grassed or surfaced to control dust.
The majority of the site, including the outdoor storage area, will be paved. A small
grassed area is proposed beneath the conveyor belt extending from the hopper. This area
will be curbed. The proposed surfacing of the site is consistent with the requirements of
the Ordinance.
.
Circulation! Access. Truck traffic through the site will occur in a one-way pattern.
Trucks will enter the site from the northeast, circle around the plant, and exit to the east
onto Dalton Boulevard. The City shall require that concrete truck loading takes place
only by using a drive through process. This requirement is intended to eliminate the use
of back-up alarms, which may create a nuisance for surrounding property owners.
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Planning Commission Agenda - 9/5/06
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Signage. That applicant did not submit a sign plan with the CUP application. Any
signage must be in compliance with the sign ordinance. Single occupancy businesses in
the 1- IA District have two options regarding allowed signage. Property owners are
allowed to choose one of the following options:
. Ovtion 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 comer lot, the
largest side of the building may be used to determine the gross silhouette area.
.
. Ovtion 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.
Lighting. No lighting plan has been submitted with the application. Any lighting used
to illuminate the outdoor storage area, off-street parking area, sign, or other structure on
the site, shall be hooded and arranged to deflect light away from adjoining properties and
public streets.
ALTERNATIVE ACTIONS
Decision 1: Conditional Use Permit for Open Outdoor and Storage for A VR
1. Motion to approve the Conditional Use Permit for A VR to allow for Open and
Outdoor Storage, based on a finding that the proposed use is consistent with
the intent of the I-IA District and that the conditions for approval have been
met.
2. Motion to deny the Conditional Use Permit for Open and Outdoor Storage
based on a finding that the conditions for approval have not been met.
.
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Planning Commission Agenda - 9/5/06
RECOMMENDATION
.
The applicant is requesting a Conditional Use Permit to allow for Open and Outdoor
Storage in the I-IA District. The outdoor storage area will be utilized for storing
aggregate materials. The applicant has met with City Staff and made a number of
modifications to their site plan to accommodate staff recommendations. The site is
adequately screened and surfaced, and meets the landscaping requirements for the
district. The Zoning Ordinance contains a provision to accommodate these types of
requests, and the proposed use appears to be consistent with the standards of this
ordinance. As such, staff recommends approval of the CUP for open and outdoor
storage.
SUPPORTING DATA
.
A. Aerial Site Image
B. Applicant Site Plan Package, dated 8/17/06, including:
1. Site Plan
2. Grading Plan
3. Utility Plan
4. Plant & Hopper Profile
5. Detail pia
6. Erosion Control Plan
7. SWPP Plan
8. Landscape Plan
9. Wall Elevation
.
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Planning Commission Agenda - 9/5/06
6.
Public Hearinl!: - Consideration of a request to amend Chavter 11 ofthe Monticello
Zoninl!: Ordinance rel!:ulatinl!: the B-1 (Neil!:hborhood Business) District. Applicant:
City of Monticello Planninl!: Commission (NAC)
REFERENCE AND BACKGROUND
At its July 18th meeting, the Planning Commission heard a request by David
Thielman to rezone his property located at 530 E Broadway from R-2, Single and
Two Family Residential, to B-1, Neighborhood Business. The application for
rezoning was motivated by a request to convert the existing office building on the site
to a full service spa. Beauty parlors are currently a permitted use in the B-1 District.
The Planning Commission tabled the request for rezoning, due to a number of
concerns relating to signage, lighting, parking, buffer yard, and permitted uses.
Instead, the Planning Commission directed Staffto prepare an Ordinance
Amendment, modifying the ordinance to read that beauty parlors and barber shops are
conditional uses in the B-1 District, as opposed to permitted uses. This revision will
grant the City more authority over all uses in the B-1 District.
The ordinance amendment also refines the purpose of the B-1 District. As the
ordinance currently states, the purpose of the B-1 District is to provide local centers
for convenient limited office retail or service outlets that provide services and goods
onlv to serve the surrounding neighborhoods. In a small community such as
Monticello, it is not reasonable to expect that any business will be frequented solely
by residents of the surrounding neighborhood. As such, the ordinance has been
amended by expanding the area served by B-1 businesses, but maintaining controls
needed to mitigate impacts to adjoining residential uses.
Attached please find an Ordinance Amendment addressing the issues listed above.
Said amendment may be modified at the request of the Planning Commission.
STAFF RECOMMENDATION
The need for and character oflocalized neighborhood districts has changed due to a
primarily automobile-oriented transportation system. As such, staff believes that
modifications to the current B-1 ordinance which both allow for a broader definition
of the purpose of B-1 districts and provide for a more thorough review of uses
allowed within the district is appropriate. Staffrecommend approval of the
amendment.
ALTERNATIVE ACTIONS
Planning Commission Agenda - 09/05/06
.
I. Motion to recommend approval of an amendment to Chapter II of the
Monticello Zoning Ordinance regulating the B-1 (neighborhood Business)
District.
2. Motion to table action on an amendment to Chapter II of the Monticello
Zoning Ordinance regulating the B-1 (neighborhood Business) District.
3. Motion to recommend denial of an amendment to Chapter II of the
Monticello Zoning Ordinance regulating the B-1 (neighborhood Business)
District.
SUPPORTING DATA
A. Proposed Ordinance Amendment
B. Current Ordinance
C. Current Zoning Map
.
.
2
Planning Commission Agenda - 09/05/06
.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 RELATING TO THE B-1, NEIGHBORHOOD
BUSINESS, DISTRICT
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA ORDAINS:
Chapter 11 ofthe Zoning Ordinance relating to the B-1, Neighborhood Business District, is hereby
amended to read as follows:
11-1
PURPOSE: The purpose of the B-1 Neighborhood Business District is to provide for the
establishment of local centers for convenient limited office retail or service outlets which deal
directly with the customer for whom the goods or services are furnished. These centers are to
provide services aud goods only f<lr which primarily serve the surroundiug neighborhoods-aBli
are Hat intended ta lka'l: ",!Stamers fram the entire eammunity.
11-2
PERMITTED USES: The following are pennitted uses in a B-1 district+
.
fl.. Bar.eer shaps
B. B aaut)" l'arlafS
C. Essential services
ll- 3
PERMITTED ACCESSORY USES: The following are permitted accessory uses in a B-1
District:
A. Commercial or business bnildings aud structures for a use accessory to
the principal use but such use shall not exceed thirty 30 percent of the
gross floor space of the principal use
B. Off-street parking as regulated by Chapter 3 Section 5 of this ordinance
but not including semi trailer trucks
C. Off-street loading as regulated by Chapter 3 Section 6 of this ordinance
ll- 4 CONDITIONAL USES: The following are conditional uses in the B-1 District and require a
Conditional Use Pennit based upon procedures set forth in and regulated by Chapter 22 of this
ordinance.
A. Governmental and public utility buildings aud structures necessary for the health safety
aud general welfare of the community provided that:
1. Confonnity with the surrounding neighborhood is maintained aud
required setbacks aud side yard requirements are met.
2. Equipment is completely enclosed in a permanent structure with no
outside storage.
.
3. Adequate screening aud laudscaping from neighboring residential
districts is provided in accordauce with Chapter 3 Section 2 of this
ordinauce.
4. The provisions of Chapter 22 of this ordinauce are considered aud
3
Planning Commission Agenda - 09/05/06
.
satisfactorily met.
B. Professional and commercial leased offices provided that:
1. The services which are provided are for the local area rather than the community or
region.
2. The traffic generated will not raise traffic volumes beyond the capacity
of the surrounding area.
3. The architectural appearance of the building housing the office use shall reflect the
building character of the area and shall not be so dissimilar as to cause impairment of
property values or constitute a blighting influence within the neighborhood.
4. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
5. The site shall conform to si2na2e requirements as recommended bv the Citv. At no time
shall the si2na2e exceed the requirements as orovided in Chaoter 3. Section 2 of this
ordinance.
6. The site shall conform to li2btin2 requirements as orovided in Chaoter 3. Section 2.
Subdivision H of this ordinance. The li2htin2 shall be restricted to be consistent with the
hours of ooeration. within one half hour of ooen and close times.
7. Hours of ooeration shall be limited to 6:00 am to 9:00 PM.
.
C. Convenience grocery stores provided that:
1. The site is adequately served by a collector street.
2. Access point to the site shall be limited to a collector street.
3. Curb cuts or access points shall be at least one hundred 100 feet from
the intersection of two 2 streets.
4. Conformity with the surrounding neighborhood is maintained and
required setbacks are met.
5. Adequate screening and landscaping from neighborhood residential
districts is provided in accordance with Chapter 3 Section 2 of this ordinance.
6. Traffic generated by the proposed use does not exceed the capacity of
surrounding streets and intersections to accommodate it.
7. The site shall conform to parking requirements as provided in Chapter
3 Section 5 of this ordinance.
8. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
. 9. Building setback from residential uses must be 30 feet or greater.
iO. Parking lot setback from residential uses must be 15 feet or greater.
4
Planning Commission Agenda - 09/05/06
.
II. The site shall conform to signage requirements as recommended bv the City. At no time
shall the siwage exceed the requirements as provided in Chapter 3. Section 2 of this
ordinance.
12. The site shall conform to lighting requirements as provided in Chapter 3. Section 2.
Subdivision H of this ordinance. The lighting shall be restricted to be consistent with the
hours of ooeration. within one half hour of ooen and close times.
13. Hours of operation shall be limited to 6:00 am to 9:00 PM.
E. Barber Shops and Beauty Parlors. provided that:
I. Conformity with the surrounding neighborhood is maintained and
reauired setbacks are met.
2. Adequate screening and landscaping from neighboring residential
properties is orovided in accordance with Chapter 3 Section 2 of this ordinance.
3. The architectural appearance of the building housing the office use shall reflect the
building character of the area and shall not be so dissimilar as to cause imoairment of
nronertv values or constitute a
blighting influence within the neighborhood.
4. The traffic generated will not raise traffic volumes beyond the capacity
of the surrounding area.
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5. The site shall conform to parking requirements as provided in Chaoter
3 Section 5 of this ordinance.
6. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
7. The site shall conform to shmalZe reauirements as recommended bv the City. At no time
shall the signage exceed the requirements as provided in Chapter 3. Section 2 of this
ordinance.
8. The site shall conform to lighting requirements as provided in Chaoter 3. Section 2.
Subdivision H of this ordinance. The lighting shall be restricted to be consistent with the
hours of operation. within one half hour of ooen and close times.
9. Hours of operation shall be limited to 6:00 am to 9:00 PM.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the Monticello City Council the 28th day of August, 2006
CITY OF MONTICELLO
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By:
Mayor Clint Herbst
ATTEST
5
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By:
Rick W olfstetter, City Administrator
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Planning Commission Agenda - 09/05/06
6
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08
CHAPTER 11
"B-1" NEIGHBORHOOD BUSINESS DISTRICT
SECTION:
11-1: Purpose
11-2: Permitted Uses
11-3: Pennitted Accessory Uses
11-4: Conditional Uses
11-1: PURPOSE: The purpose of the B-1, neighborhood business, district is to provide for
the establishment of local centers for convenient, limited office, retail, or service
outlets which deal directly with the customer for whom the goods or services are
furnished. These centers are to provide services and goods only for the surrounding
neighborhoods and are not intended to draw customers from the entire community.
11-2: PERMITTED USES: The following are permitted uses in a B-1 district:
[A] Barber shops
[B] Beauty parlors
[C] Essential services
(#216,11125/91)
11-3:
PERMITTED ACCESSORY USES: The following are permitted accessory uses in a
B-1 district:
[A] Commercial or business buildings and structures for a use accessory to the
principal use, but such use shall not exceed thirty (30) percent of the gross
floor space of the principal use.
[B] Off-street parking as regulated by Chapter 3, Section 5, of this ordinance but
not including semi-trailer trucks.
[C] Off-street loading as regulated by Chapter 3, Section 6, ofthis ordinance.
11-4: CONDITIONAL USES: The following are conditional uses in a B-1 district:
(Requires a conditional use permit based upon procedures set forth in and regulated
by Chapter 22 of this ordinance.)
[A] Governmental and public utility buildings and structures necessary for the
health, safety, and general welfare of the community provided that:
1. Conformity with the surrounding neighborhood is maintained and
required setbacks and side yard requirements are met.
MONTICELLO ZONING ORDINANCE
1111
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2. Equipment is completely enclosed in a permanent structure with no
outside storage.
3.
Adequate screening and landscaping from neighboring residential
districts is provided in accordance with Chapter 3, Section 2, of this
ordinance.
4. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[B] Professional and commercial (leased) offices provided that:
I. The services which are provided are for the local area rather than the
community or region.
2. The traffic generated will not raise traffic volumes beyond the capacity
ofthe surrounding area.
3. The architectural appearance of the building housing the office use
shall reflect the building character of the area and shall not be so
dissimilar as to cause impairment of property values or constitute a
blighting influence within the neighborhood.
4. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[C]
Commercial planned unit development as regulated by Chapter 20 of this
ordinance.
[D] Convenience grocery stores provided that:
I. The site is adequately served by a collector street.
2. Access point to the site shall be limited to a collector street.
3. Curb cuts or access points shall be at least one hundred (100) feet from
the intersection of two (2) streets.
4. Conformity with the surrounding neighborhood is maintained and
required setbacks are met.
5. Adequate screening and landscaping from neighborhood residential
districts is provided in accordance with Chapter 3, Section 2, of this
ordinance.
6. Traffic generated by the proposed use does not exceed the capacity of
surrounding streets and intersections to accommodate it.
7.
The site shall conform to parking requirements as provided in Chapter
3, Section 5, of this ordinance.
MONTICELLO ZONING ORDINANCE
11/2
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8. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
9.
Building setback from residential uses must be 30 feet or greater.
10. Parking lot setback from residential uses must be 15 feet or greater.
11. The combined total or individual gross floor area of convenience store
and/or laundromat establishments shall not exceed 3,000 sq ft in any
single B-1 distri ct.
12. Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m.
13. The number of gas dispensers allowed is limited to one gas dispenser
per 400 sq ft of retail floor area, with total dispensers not to exceed
four.
[E] Laundromat, self-service washing and drying provided that:
1. The site is adequately served by a collector street.
2. Access point to the site shall be limited to a collector street.
3. Curb cuts or access points shall be at least one hundred (100) feet from
the intersection of two (2) streets.
4.
Conformity with the surrounding neighborhood is maintained and
required setbacks are met.
5. Adequate screening and landscaping from neighborhood residential
districts is provided in accordance with Chapter 3, Section 2, of this
ordinance.
6. Traffic generated by the proposed use does not exceed the capacity of
surrounding streets and intersections to accommodate it.
7. The site shall conform to parking requirements as provided in Chapter
3, Section 5, of this ordinance.
8. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
9. Building setback from residential uses must be 30 feet or greater.
10. Parking lot setback from residential uses must be 15 feet or greater.
II.
The combined total or individual gross floor area of convenience store
and/or laundromat establishments shall not exceed 3,000 sq ft in any
single B-1 district.
MONTICELLO ZONING ORDINANCE .
1113
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12. Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m.
(#216,11/25/91)
MONTICELLO ZONING ORDINANCE
11/4
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Planning Commission Agenda - 9/5/06
7.
Continued Public Rearinl!: - Consideration of a request for rezoninl!: from R-2 (Sinl!:le
and Two Familv Residential) to B-1 (Neil!:hborhood Business) for 530 West Broadwav.
Applicant: David Thielman. (NAC)
REFERENCE AND BACKGROUND
The applicant, David Thielman, has submitted an application for rezoning from R-2,
Single and Two-Family Residential, to B-1, Neighborhood Business for his property
located at 530 E Broadway. The site is .44 acres in size and contains a single family
home that has been converted into a funeral home.
Rezoninz. According to Section 2-21 (D), the Planning Commission should consider
possible adverse effects of the proposed land use. Judgment should be based on the
following factors:
1. Relationship to municipal comprehensive plan.
2. The geographical area involved.
3. Whether such use will tend to or actually depreciate the area in which it is
proposed.
4. The character of the surrounding area.
5. The demonstrated need for such use.
Conditional Use Permit. The Planning Commission is considering an amendment to the
B-1, Neighborhood Business District that would allow barber shops and beauty parlors as
a conditional use. Such uses are currently permitted. The amendment will establish
specific regulations for allowing barber shops and beauty parlors. Such uses would be
allowed, provided that:
A. Conformity with the surrounding neighborhood is maintained and reQuired setbacks are met.
B. Adeauate screenine: and landscaDimz from neillhborim! residential orooerties is nrovided in accordance
with Chaoter 3 Section 2 of this ordinance.
C. The architectural aooearance of the building housing the office use shall reflect the building character
of the area and shall not be so dissimilar as to cause imoairment of orooertv yalues or constitute a
blighting influence within the neighborhood.
D. The traffic generated will not raise traffic yolumes beyond the caoacity of the surrounding area.
E. The site shall conform to oarlcing reQuirements as oroyided in Chaoter 3 Section 5 of this ordinance.
F. The oroyisions of Chaoter 22 of this ordinance are considered and satisfactorily met.
G. The site shall conform to signage reQuirements as recommended by the City. At no time shall the
signage exceed the reQuirements as orovided in Chaoter 3. Section 2 of this ordinance.
H. The site shall conform to lighting reQuirements as orovided in Chaoter 3. Section 2. Subdivision H of
this ordinance. The lighting shall be restricted to be consistent with the hours of ooeration. within one
half hour of ooen and close times.
I. Hours of ooeration shall be limited to 6:00 am to 9:00 PM.
I
Planning Commission Agenda - 9/5/06
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ANALYSIS
The site is surrounded by single family residential uses on all sides. The site currently
contains a single family home that has been converted into office space. The current use
is a legally non-conforming use in the R-2 District. The applicant has indicated that he is
looking to relocate his operation, and a buyer is interested in the property. The
prospective buyer would like to put a full service spa in the existing building. The
building is consistent with the architectural appearance of the surrounding single family
homes, and no modifications are proposed for the building exterior.
The purpose of the B-1, Neighborhood Business district is to provide for the
establishment oflocal centers for convenient limited office retail or service outlets which
deal directly with the customer for whom the goods or services are furnished. These
centers are to provide services and goods primarily for the surrounding neighborhoods
and are not intended to draw customers from the entire community. In accordance with
the ordinance amendment under consideration, beauty parlors would be a conditional use
in the B-1 District, as amended.
.
The prospective buyer is interested in putting a full service spa in the existing building.
Potential services to be provided include haircuts, massages, and other salon services.
Retail sales will also be conducted on site as an accessory use. Six salon chairs would be
available for use, with three to six being used at one time. Two masseuses will also be
located within the spa, each serving a maximum of two clients per day. Up to nine
employees are expected to be working at one time, with the daily average expected at
four to seven employees. Appointments are expected to run one to two hours in length,
with approximately 35 clients expected each day.
Parking. The site contains a 6,120 square foot building and approximately 24 off-street
parking stalls. The off-street parking requirement typically used for salons is 1 space for
every 200 square feet of building area. The proposed use would therefore require 31
parking spaces, seven spaces short of the minimum requirement. An alternative option to
consider would involve calculating the number of required spaces based on the number of
chairs. Cities typically require three spaces per chair under this option. As such, the
proposed spa would require 24 parking stalls. The Planning Commission recommended
this formula at their July 18th meeting.
The applicant submitted a sketch plan of available parking on site. After evaluating the
plan, staff recommends removing the parking stalls behind the garage, the stall in the far
northeast corner of the site, and two stalls along the east property line. As such, the site
will have 25 angled off-street parking stalls available, satisfying the minimum
requirement. Another four parking stalls are available in front ofthe building, on
Broadway.
.
Staff recommends that that parking lot be improved to include striping, delineating
available stalls and indicating a one-way drive around the building. Staff also
2
Planning Commission Agenda - 9/5/06
recommends that a second garage door be added to the west side of the garage so that
cars may drive through, promoting better parking lot circulation. Demonstration of
adequate parking would also be reviewed as part of any application for a Conditional Use
Permit, as well as signage, lighting, and hours of operation.
CONCLUSION
The applicant is requesting that his property located 530 West Broadway be rezoned from
its current R-2 designation to B-1, Neighborhood Business. The request to rezone stems
from the fact that the applicant has a potential buyer for his building who is interested in
using the site for a full service spa. The use appears to be consistent with the intent ofthe
Comprehensive Plan.
A CUP is required to allow the use within the B-1 District. Any future tenant, such as the
aforementioned spa, would be required to obtain a CUP prior to operation. Upon
application for a CUP, the future tenant must address issues relating to signage, parking,
lighting, and buffer yard.
ALTERNATIVE ACTIONS
Decision 1: Rezoning from R-2 to B-1
1. Motion to recommend approval of the Rezoning, based on a finding that the proposed
use is consistent with the character of the surrounding area and intent of the
Comprehensive Plan, subject to the conditions that any future tenant must obtain a
Conditional Use Permit prior to operation, in compliance with the amended
ordinance.
2. Motion to deny the request for Rezoning, based on a fmding that the proposed use is
not consistent with the intent of the Comprehensive Plan.
RECOMMENDATION
The subject site is currently zoned R-2, Single and Two Family Residential. The
applicant is proposing to use the existing building for a spa. This use would be consistent
with the intent of the B-1, Neighborhood Business District, and would be consistent with
the overall character of the neighborhood. The existing building is also architecturally
compatible with the surrounding single family homes, and no modifications are proposed
for the structure. Staff recommends approval of the Rezoning from R-2 to B-1, subject to
the conditions outlined in Exhibit Z.
3
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May 10, 2006
Request
I am requesting to change the current Rl zoning of my property to B 1 zoning. The reason
for my request is that my business is outgrowing our current building. We would like to
move the business into more appropriate office space for our growing business. Weare
interested in leasing office space within the Monticello community.
My dilemma is that it would be nearly impossible to sell my office property to someone for a
residence because of the size of the building, and also because of the way we rebuilt the
building for our business. I need to sell the property in order to relocate my business.
I have an interested buyer for my building. The buyer would need to have the property
rezoned to B 1. The prospective buyer would like to put a full service spa in the existing
building. All of her clients would be on an appointment basis. These appointments would
range from one to two hours in length, so client traffic would be minimal. We have ample
off street parking for approximately 24 vehicles. My realtor, Counie Fleming, has discussed
. the possible future use of the property with Jeff O'Neill.
D~~~
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phone: 1-800-331-8579 . fax: (763) 295-6029
www.musicfestivals.com . gm[@musicfestivals.com . P.O. Box 1165, Monticello, MN 55362
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1C
SITE DESCRIPTION
The subject site is located on Broadway Street on the west end of the
original downtown in the City of Monticello. The general character in the
subject immediate neighborhood is a mix of residential and commercial
uses. Site compatibility, conditional use utility, and visibility are acceptable.
Access to the site is acceptable. The site has a rectangular shape. The
topography is generally level and above street grade. Drainage appears
adequate. The site contains plus/minus 19,057 square feet or .44 acres of a
land. Site utilities include; city sewer and water, natural gas, electric, and
telephone services.
There are no adverse easements, encroachments, or other adverse conditions
observed on the subject site or in near proximity to the subject site. Normal
utility and drainage easements are acceptable. On site improvements include
landscape and minimum on site parking. As a funeral home the
predominance of the parking was on street.
Site Size:
33 feet times 165 feet times three lots = 16,335 feet
16.5 feet times 165 feet = 2,722 feet
The total site size is calculated:
PluslMinus 19,057 Square Feet
Page 5
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7D
SITE IMPROVEMENTS
The gross building area (GBA) is calculated as follows:
Building
50 x 56
16 x 56
Total GBA main floor
= 2,800 SF
= ---896 SF
3,696 SF
34 x 56
16 x 28
4 x 18
Total GBA second floor
= 1,904 SF
= 448 SF
=----72 SF
2,424 SF
The total gross building area (GBA) of the subject property is 6,120 square
feet above ground.
BUILDING SKETCH
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Page 7
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SITE IMPROVEMENT DESCRIPTION
Per the owner the original home was built around 1906. The home was
converted to a funeral home around 1940. The front I story office and
reception area was added on in 1974. Extensive updating was completed
around 1989-1991.
The original home has a stone and mortar foundation. The frame is wood
construction. The exterior is wood lap siding. The hip style roof is asphalt
shingle. The windows are H-Windows.
The main floor is designed with a chapel, family rooms, office, and
reception area; upstairs is an apartment with kitchen, dining room, bath, and
bedroom. There is also a showroom on the second floor. There is a deck off
.'
the upstairs apartment. The basement has 24% finish with a family room and
two half baths. The rest of the basement is storage and utilities. The 3rd floor
is attic storage space. There is a counter balanced hand operated elevator
servicing the second and main floor. There is a brick cistern in the
basement.
Utilities have been updated with gas forced warm air heat, central air, and
200, 100 amp electric service. There is back up electric heat. The property is
connected to city sewer and water service.
The general condition of the improvements are rated average. Some of the
floors are outdated. The functional utility of the building has some
flexibility. Other potential uses could be converting to a 2 family residential
unit or a mix of conditional commercial uses.
The driveway horse-shoes around the building. A 4 car attached garage is
heated with oil space heat. There is a car port canopy on the east side of the
building. The site improvements include asphalt and concrete driveway also
the parking area. Sidewalk and landscaping are compatible to the
neighborhood.
DEPRECIATION
The appraiser estimate 25% normal physical depreciation. 10% functional
depreciation for elevator and on site parking. 10% external depreciation is
estimated for zoning
Page 8
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SUBJECT IMPROVEMENT FRONT AND BACK
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7F
CHAPTER 7
"R-2" SINGLE AND TWO-F AMIL Y RESIDENTIAL DISTRICT
SECTION:
7-1: Purpose
7-2: Permitted Uses
7-3: Permitted AccessOlY Uses
7-4: Conditional Uses
7-1: PURPOSE: The purpose ofthe "R-2" single and two-family residential district is to
provide for low to moderate density one and two unit dwellings and directly related,
complementary uses.
7-2: PERMITTED USES: The following are permitted uses in an "R-2" district:
[A] All permitted uses allowed in an "R-l" district.
[B] Two-family dwelling units.
7-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in
an "R-2" district:
[A] All accessory uses as allowed in an "R-l" district.
7-4: CONDITIONAL USE: The following are conditional uses in an
"R-2" district: (Requires a conditional use permit based upon procedures set forth in
and regulated by Chapter 22 of this ordinance.)
[A] All conditional uses, subject to the same conditions, as allowed in an "R-l"
district.
[B] Townhouses as dermed by Chapter 2, Section 2 [TB], ofthis ordinance
provided that the regulations and requirements of Chapter 20 are satisfactorily
completed and met.
[C] Four-family dwelling unit.
[D] Day care--group nursery provided that:
1. No overnight facilities are provided for the children served. Children
are delivered and removed daily.
2. The front yard depth shall be a minimum of thirty-five (35) feet.
MONTICELLO ZONING ORDINANCE
7/1
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3. Adequate off-street parking and access is provided in compliance with
Chapter 3, Section 5, of this ordinance.
4.
Adequate off-street loading and service entrances are provided in
compliance with Chapter 3, Section 6, ofthis ordinance.
5. The site and related parking and service shall be served by an arterial
or collector street of sufficient capacity to accommodate the traffic
which will be generated.
6. All signing and informational or visual communication devices shall
be in compliance with Chapter 3, Section 9, of this ordinance.
7. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
8. The regulations and conditions of the Minnesota Department of
Public Welfare, Public Welfare Manualll-3l-30 as adopted,
amended, and/or changed are satisfactorily met.
9. A written indication of preliminary, pending, or final license approval
from the regulatory welfare agency is supplied to the City.
MONTICELLO ZONING ORDINANCE
7/1
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Planning Commission Agenda - 09/05/06
8.
Consideration of a request for a Variance to Section 3-9 relatinlZ to silZns. The
subiect property is located at Lot 1. Block 1 of Jefferson Commons and is zoned B-4.
HilZhwav Business. Applicant: River City Center. (NAC)
BACKGROUND
River City Center has applied for a Variance for signage and Conditional Use Permit for
a comprehensive sign plan for River City Lanes, a bowling alley and banquet center to be
located on Lot 1, Block 1 ofJefferson Commons Third Addition.
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. 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.
ANALYSIS
River City Lanes has applied for a Variance to the height and area requirements for the
construction of a pylon sign in the southeast comer of the site. One pylon sign with an
electronic message is proposed, as well as a series of wall signs on the south and east
sides of the building.
Signs. Businesses in the B-4 District have two options when it comes to permitted
signage. (The sign ordinance has been included for Commission's reference with item 9
ofthis report.) The applicants have chosen Option B, which includes both wall and pylon
signage.
. Ootion 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 located on School Boulevard, a collector street. The speed limit in front of
the site is 45 miles per hour. Therefore, the applicant would be allowed to construct a
sign with a face area no greater than 150 square feet up to 26 feet in height. The
proposed sign has a face area of 168 square feet and is 28 feet in height.
1
Plamring Commission Agenda - 09/05/06
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Wall Signage. The applicant is proposing a total ofthree wall signs for the site. Two
are to be located on the east wall, and one on the south wall. The total area for all
proposed wall signage is as follows:
Sign Area
River City Center (south) 173.25 square feet
Arcade (east) 101.25 square feet
Foul Line Sports Bar (east) 88.08 square feet
Total 362.58 square feet
The total amount of wall signage alone exceeds the 300 square feet allowed for the site,
exclusive of the pylon sign. Each wall sign also exceeds 25% of the total allowable area.
The site has a total of 530.58 square feet of signage, including the pylon sign.
Directional Signage. Two directional signs are proposed for the site, one at each
entrance. No details were provided on the size of these signs. Directional signs in all
districts all permitted up to ten square feet in area.
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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. The site is located within the B-4 Zoning District, which does not have any
setback requirements. The location of the sign is compliant with the five foot setback
requirement.
The directional signs also meet the setback requirements for the site.
CONCLUSIONS
The Planning Commission may be familiar with the PUD recently granted for the Union
Crossings project, which allowed Target, a 174,550 square feet square foot building 667
feet in wall signage (front and rear exposures to public streets). Home Depot, a 102,500
square foot building, was allowed 460 square feet in wall signage. Target and Home
Depot shared a joint pylon sign at 50' in height and 400 square feet. These are two
examples oflarge scale commercial uses, for which the City determined that the scale of
the signage was appropriate to the scale of the buildings and the site exposure.
~
For River City Lanes, a 78,000 square foot building, the applicants are requested
approximately 362 square feet of wall signage and a pylon of 168 square feet. This
request is closely in proportion to that granted for other large "box" commercial uses. In
essence, the ordinance regulating signage for buildings oftoday's scale may be outdated.
The City has not had the opportunity to consider signage in terms of scale in the context
of an ordinance amendment.
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Planning Commission Agenda - 9/5/06
.
9. Public Hearinl!: Consideration of a reauest to amend Chapter 3 of the Monticello
Zoninl!: Ordinance rel!:Ulatinl!: the heil!:ht and area of sil!:DS in a freeway overlay zone
within commercial districts. Applicant: City of Monticello Planninl!: Commission
(NAC)
REFERENCE AND BACKGROUND
The City has recently experienced an increase in the number of Variance requests for
signs higher and/or larger than what is allowed by ordinance. There have also been
frequent circumstances where applicants have used the flexibility granted by a PUD
designation for higher, larger or more signage.
Most recently, a Variance request was submitted by the Best Western to allow a
freestanding sign in excess of 50 square feet in area, the maximum allowed for the
site. The proposed sign was instead 173 square feet. This sign, though larger than
allowable by ordinance, was shorter than pylons allowed in the freeway bonus area.
The Planning Commission denied this Variance request, and has since directed Staff
to prepare an Ordinance Amendment to link sign size to potential advertising needs.
.
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. Under this
ordinance, businesses on collector streets with lower speed limits are not allowed as
much signage as neighboring businesses on roads classified as major thoroughfares or
freeways. The Zoning Ordinance does provide for a bonus to allow "freeway
standard signs" up to 200 square feet in area and 32 feet high. Businesses in any
commercial or industrial area located within 800 feet ofa freeway, but not directly
abutting the freeway, are eligible for this bonus.
The increasing number of Variance requests has been attributed to businesses trying
to take advantage ofInterstate-94 exposure. As such, the Planning Commission has
recommended altering the freeway bonus district to give more businesses an
opportunity for additional signage. For example, the current bonus area does not
include properties adjacent to Chelsea Road, as this area is approximately 1,650 feet
from the freeway in some areas. The Variance request most recently considered was
for a property located on Chelsea Road.
ANALYSIS AND RECOMMENDATION
.
Staff believes it is most appropriate to establish a bonus district with specific
geographical boundaries, rather than areas within a certain distance from the freeway.
Staff has prepared maps illustrating two different options for expansion. Option one
extends the bonus district south to Chelsea Road, including only those parcels north
of Chelsea Road. Option two extends the freeway bonus district south to Chelsea
Road, including all parcels with frontage on Chelsea Road. The northern boundary
for both options would remain 800 feet north of the freeway.
Planning Commission Agenda - 09/05/06
.
Attached please find a map illustrating the current ordinance, as well as options one
and two. The proposed bonus areas may be modified per recommendation by the
Planning Commission.
ALTERNATIVE ACTIONS
I. Motion to recommend approval of an amendment to Chapter 3, Section 9 of
the Monticello Zoning Ordinance to establish a freeway overlay district, based
on Option B presented in the Freeway Bonus District map, included in the
Planning Commission Staff Report of9/5/06.
2. Motion to recommend approval of an amendment to Chapter 3, Section 9 of
the Monticello Zoning Ordinance to establish a freeway overlay district, based
on Option C presented in the Freeway Bonus District map, included in the
Planning Commission Staff Report of 9/5/06.
3. Motion to table action on an amendment to Chapter 3, Section 9 ofthe
Monticello Zoning Ordinance establishing a freeway overlay district.
4. Motion to recommend denial of an amendment to Chapter 3, Section 9 of the
Monticello Zoning Ordinance establishing a freeway overlay district.
.
RECOMMENDATION
The Planning Commission may want to take time to discuss and consider this
amendment, possibly completing research on their own of other freeway commercial
districts. As such, it may be advisable to hold discussion and table action until the
regular October meeting, unless there is definite consensus on a desired option.
SUPPORTING DATA
A. Current Sign Ordinance
B. Freeway Bonus District Map
.
2
.
.
.
[B]
.9A
from unnecessary and/or indiscriminate use of communication facilities.
PERMITTED AND PROHIBITED 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.
(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 (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. Corner properties,
however, may contain two (2) signs, one (1) per frontage.
(h) Information/Directional 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.
1 O. 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. PROHillITED 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 oflight 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). I (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. StreamerslPennants 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 ilie lot of record above is developed or
improved, in which case, ilie 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 illunrinated in such a manner as to interfere with or
obscure an official traffic sign or signal. (1/10/00, #340)
CD
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)(#150,5127/86)
(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 ofthe 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 barmers may be hung from city street light fixtures for a
period of up to one (I) 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 marmer by which the banners shall be hung.
Barmer placement plan shall also describe financing
sources for purchasing and installing public barmers.
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
barmer system. Except for requirements outlined in
section 4.(j) of this ordinance, said banners are exempt
from sign regulations. The City shall not participate in
financing any portion of the cost of public barmers 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 barmer hung in conjljhction with a public banner
system.
MONTICELLO ZONING ORDINANCE
3/51
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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
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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-CONFORMlNG SIGNS:
I. 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 ofthe 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
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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 subj ect to
the application for and approval of an Interim Use Permit per the
requirements ofthe 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 ofthe 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
goveming the relocation.
(#423, 4/11105)
[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 ifthe 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
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exceeding a total of7 5 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)
Within the PZM, B-1, B-2, B-3, B-4, CCD, I-I, I-lA, and 1-2 districts,
signs are subject to the following size and type regulations:
(#298, 10113/97) (#334, 9113/99)
2.
(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.
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 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, I-I, I-lA, orI-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.
(b)
.
1.
.
MONTICELLO ZONING ORDINANCE
(#298, 10113/97) (#334,9/13/99)
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 ofthe front of the building up to three
hundred (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.
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
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principal building as viewed from the front lot line or
from the related public street(s),
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 ofa 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
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.
Vl1. 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
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 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
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(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 oflinea1 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
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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 of a two (2) faced pylon sign, or
two (2) faces of a 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
4'h 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.
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
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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.
Vl1. 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.
V11l. 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.
MONTICELLO ZONING ORDINANCE
(a)
Location: The address numbers shall be so placed to be easily
seen from the public street.
3/61
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[F]
(b)
Size Regulations: The address numbers shall not be less than
three and one-half(3-1I2) 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. (#158,9114/87)
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 (I) proj ecting 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
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.
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1. FEES:
(a)
Payment Fees: The permit fee and other fees and charges set forth
in this ordinance shall be collected by the City before the issuance
of any permits, and the City Administrator, Building Inspector, or
other persons duly authorized to issue such permit for which the
payment of a fee is required under the provisions of this
subdivision may not issue a permit until such fee shall have been
paid.
(b) Double Fees: If a person begins work of any kind for which a
permit from the City is required without having secured the
necessary permits therefore either previous to or on the date of
commencement of such work, he shall, when subsequently
securing such permit, pay double the fee provided for such permit
or is subject to the penalty provisions of this ordinance.
(c) Fees Required: Sign applications and subsequent fees will be
required for all signs which do not appear in Chapter 3, Section 9
[B] (permitted and prohibited signs). Fees shall not be required
for repairs of signs and sign structures.
(d)
Initial Fee:
1. The initial fee shall be determined based upon the cost of
the sign from a fee schedule adopted by the City Council.
11. All sign applications must be accompanied by proof of
contract and purchase price.
(e) Special Permit Fees: Special permit fees shall be assessed for all
attention seeking devices as described in Section 9, Subsection
[C], paragraph 4 of this chapter. The fee shall be five dollars
($5.00) for each permit.
3-10: ADULT USES:
[A] PURPOSE: The purpose of Section 3-10: Adult Uses is to provide the
opportunity for operation and establishment of adult land uses while providing
controls that limit negative impacts of adult uses on residential and commercial
areas.
[B] GENERAL: Adult use as defined in this ordinance shall be subject to the
following general provisions:
1.
Activities classified as obscene as defined by Minnesota Statute 617.241
MONTICELLO ZONING ORDINANCE
3/63