Planning Commission Agenda 08-07-2007
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AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, August 7'\ 2007
6:00 PM
Commissioners:
Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and
Barry Voight
Council Liaison:
Brian Stumpf
Staff:
Angela Schumann, Gary Anderson
Kimberly Holien and Steve Grittman - NAC
Call to order.
Approval of the minutes of the Planning Commission meetings of July 11th, 2007.
Consideration of adding items to the agenda.
Citizen comments.
Consideration of a request for extension of a Preliminary Plat and Conditional Use Permit for
Development Stage Planned Unit Development for the proposed Villas at Elm.
Applicant UP Development
Public Hearing - Consideration of a request for Preliminary Plat and Concept and Development Stage
PUD for Quad Development, a commercial plat in a B-4 (Regional Business) District.
Applicant Quad Development
7. Public Hearing - Consideration of a request for Preliminary Plat for the proposed Rivercity Station, a
commercial plat in a B-3 (Highway Business) District, and a request for rezoning from B-3 (Highway
Business) to B-4 (Regional Business).
Applicant Chelsea Road, LLC
8. Public Hearing - Consideration of a request for Conditional Use Permit for Open and Outdoor Storage
in a B-3 (Highway Business) District.
Applicant Olson Property Management
9. Public Hearing - Consideration of a request for Replat and Final Plat for First Minnesota Bank
Commercial, a commercial plat in the CCD (Central Community District).
Applicant 1" Minnesota Bank
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10. Consideration to call for a public hearing on the regulation of Group Homes by distance is single
family residential districts.
11. Consideration to review an update on the status of the Walt's Pawn Conditional Use Permit.
12. Adjourn.
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MINUTES
MONTICELLO PLANNING COMMISSION
Wednesday, July 11th, 2007
6:00 PM
Commissioners Present:
Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz,
and Barry Voight
Council Liaison Absent:
Brian Stumpf
Staff Present:
Angela Schumann, Gary Anderson
Kimberly Holien - NAC
1. Call to order.
Chairman Dragsten called the meeting to order and noted a full quorum of the
Commission. Chairman Dragsten noted the absence of Council Liaison Stumpf.
2.
Approval of the minutes of the Planning Commission meetings of June 5th and
June 12th, 2007.
MOTION BY COMMISSIONER SPARTZ TO APPROVE THE PLANNING
COMMISSION MINUTES OF JUNE 5th, 2007.
Voight made a correction to page II, noting that the motion related to the variance to the St.
Ben's sign height and size should indicate that an undue hardship does not exist.
MOTION TO APPROVE THE MINUTES AS AMENDED SECONDED BY
COMMISSIONER VOIGHT. MOTION CARRIED, 5-0.
MOTION BY COMMISSIONER VOIGHT TO APPROVE THE PLANNING
COMMISSION MINUTES OF JUNE 12th, 2007.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0.
3. Consideration of adding items to the agenda.
Commissioner Gabler asked for clarification on maintenance of entrance monuments as item
10.
Chairman Dragsten added as items II an update on group homes in Monticello; as item 12 the
status of the conditional use permit for Walt's Pawn Shop, and as item 12 consideration to call
for a public hearing regarding signage in the CCD.
4.
Citizen comments.
NONE.
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5.
Consideration of a request for extension of a Preliminary Plat and Conditional Use Permit for
Development Stage Planned Unit Development for the proposed Villas at Elm.
Applicant: UP Development
Schumann reported that the letter to the applicant requesting clean-up of nuisance items gave
the applicant a full 30 days to comply. As such, the item could be tabled to the August
meeting of the Commission to allow the applicant the full 30 days for clean up.
MOTION BY COMMISSIONER HILGART TO TABLE EXTENSION OF THE JUNE
26TH, 2006 CONDITIONAL USE PERMIT FOR DEVELOPMENT STAGE PLA,"mED UNIT
DEVELOPMENT AND PRELIMINARY PLAT FOR VILLAS ON ELM TO ALLOW THE
APPLICANT TO CONTINUE CLEAN-UP EFFORTS ON THE PROJECT SITE AS
DIRECTED BY THE CITY OF MONTICELLO.
MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0.
6. Public Hearing - Consideration of a request for a Conditional Use Permit for Open and
Outdoor Storage. Applicant: General Rental Center of Monticello. LLC.
Planner Holien presented the staff report, stating that the applicant is requesting a conditional
use for outdoor storage as an accessory use in an 1-2 Zoning District. Holien stated that the
site contains a 2,400 building and 768 square foot storage shed. The applicant has indicated
that the storage shed will be used for preparation of party rental projects. The proposed
outdoor storage area also includes 9200 square feet, enclosed with a fence, and is located in
the rear of the site. The outdoor storage area is accessible by gate. Holien reported that the
applicant intends to use this area to store off-season equipment. No signage proposed. Holien
stated that there are some existing landscaping and proposed landscaping improvements,
including along north side of the building within the rocked area, visible from Edmonson.
As part of the CUP, the City does review fencing and screening in relationship to adjacent
properties. Holien noted that this site does not abut residential properties. Illustrations of
fencing have been provided. Holien explained that the applicant has proposed a metal fence
of beige and brown which is identical to the Simonson Lumber fencing. Holien stated that
this fencing is expected to screen the use from the public right of way.
The storage area is required to be surfaced, Holien noted. The applicant indicated that it will
be filled with crushed rock. Holien stated that any lighting would be required to be full cut-
off lighting.
Holien stated that the application appears to be consistent with intent ofI-2 district, subject to
Exhibit Z. In that regard, staff is recommending approval.
Spartz asked about any required setback for the storage area. Holien responded that they need
to adhere to easement and parking setback requirements. Holien noted that easements are
shown on the survey.
Gabler asked if there was a landscape plan. Holien referred to the landscaping shown on site
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plan, and indicated that the applicant had no formal plan. Dragsten asked if there is supposed
to be a landscape plan submitted with the application. Holien stated the site plan drawing is
the plan and that the landscaping shown is in addition to minimum requirements.
Chairman Dragsten opened the public hearing.
Dragsten asked the buyer about the current tenants.
Ron Chihos, applicant, stated that the ALP school will stay in the upper portion of the
building. He indicated that he was also hoping that the lower tenant would stay, but they are
closing that business. Dragsten asked who would be taking the lower portion. Chihos
indicated that he did not know at this point, but that the building in the back is already
vacated.
Dragsten asked ifthere is a lease in place. Gordy Hoglund clarified that there is no formal
lease. Dragsten asked ifChihos will be doing anything else to the building. Chihos indicated
that they would be making some improvements. Chihos noted that there are trees in front, but
also plant shrubs for view from Edmonson.
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Dragsten clarified that this is just for off-season storage and that the applicant will not be
selling from this location. Chihos indicated that they would not be. Dragsten asked Chihos if
customers would be coming to the building. Chihos indicated that customers would not
utilize this site.
Dragsten inquired if General Rental would be putting any lighting up. Chihos stated that they
would probably be putting up lighting for security. Dragsten noted the ordinance
requirements.
Chairman Dragsten closed the public hearing.
Dragsten stated that he would like to add to Exhibit Z that the fence should be
constructed to the detail provided. Schumann noted that the Commission may also want
to consider adding the condition that the site not serve as a retail outlet. Dragsten also
suggested that additional site clean-up should be undertaken.
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MOTION BY COMMISSIONER SPARTZ TO APPROVE THE CONDITIONAL USE
PERMIT FOR OPEN AND OUTDOOR STORAGE, BASED ON A FINDING THAT
THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE 1-2 DISTRICT
AND THE USE SATISFIES THE CONDITIONS OF APPROVAL, SUBJECT TO THE
CONDITIONS OUTLINED IN EXHIBIT Z AND BY THE COMMISSION IN THE
MEETING OF JULY 11TH, 2007 AS FOLLOWS:
t. Any lighting proposed for the site shall be full cutoff lighting, in compliance with the standards of
the Zoning Ordinance.
2. Fence should be constructed to the detail provided.
3. Site shall not serve as a retail outlet.
4. Additional site clean-up should be undertaken
MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0.
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7.
Public Hearing - Consideration of a request to amend Chapter 3 of the Monticello Zoning
Ordinance regulating the height and area of signs in a freewav overlav zone within
commercial districts. Applicant: Citv of Monticello Planning Commission
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Planner Holien presented the staff report, explaining that the item came before the
Commission in September of2006, at which time the Commission was presented with two
different options. At that time, the Planning Commission chose to extend the freeway bonus
district south of the 800' line along 25 and to Chelsea Road by segments. In reference to
those segments, Holien stated that section 1 is B-3, section 2 is B-3, and section 3 is B-4.
Holien explained that the Commission chose to extend the bonus district to include segments
2 and 3, but excluded segment 1. The final freeway bonus district is portrayed in the final
map as the yellow area. Holien stated that decision was made in October of2006.
Holien noted that a property owner was unable to attend the October meeting, and had some
concerns. For that reason, the item is being brought back to the Commission.
Chairman Dragsten opened the public hearing.
Charlie Pfeffer, Pfeffer Companies, representing the landowner Ocello and Monticello
Industrial Park, addressed the Commission. Pfeffer asked if all properties on Chelsea would
be included in the extension. Dragsten clarified that if they are B-3 or B-4, they would be
included. Pfeffer stated that the other issue that he asked the Commission to consider is the
height and size of signs at 200 square feet and pylon at 32 feet. Pfeffer stated that there is no .
simple answer to signage and that there is always a concern about visual pollution. On the
other hand, he stated that for those ofus that travel, signage is of critical importance for local
business. He stated that he is not sure that 200 feet does that. Pfeffer recommended the
Commission consider signs of 400 square feet at 50 feet in height. Pfeffer stated that he
appreciated the Commission's consideration of that additional allowance.
Bob Lamont addressed the Commission as a property owner along Chelsea Road, in the area
identified as segment 3. Lamont stated that he is somewhat behind on the discussion and he
appreciates the consideration of expansion of the bonus area. He stated that the possibility
exists that a development could encompass the parcel that is south of his. Dragsten clarified
that it is north of the mini-storage, north of Dundas. Lamont confirmed.
Schumann stated that this item is for a freeway signage district, and that perhaps once the
Commission gets south of Chelsea, instead of a freeway bonus extension, they may want to
look at signage as a whole.
Dragsten agreed. He noted to Lamont that when there is one large user, it would most likely
come in as PUD, and there may be some flexibility in size signage. Dragsten stated that for
himself, it becomes too far off the freeway. Lamont stated that signage offsets the direct
freeway exposure.
Gabler stated that as the signage allowances keep extending it out, signs are not going to be .
seen from the freeway anyway. It is also getting into the residential areas.
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Hilgart stated that he is confused and thought that Commission had excluded areas to the
west. Schumann clarified that was correct, that the Commission had not included area I on
West Chelsea because of the adjacent residential.
Pfeffer asked if any property fronting Chelsea would be part of the overlay district. Dragsten
stated that the West Chelsea section in segment I, outside of the 800' is not included in the
freeway bonus district. Hilgart confirmed that 2 and 3 were included, but I was not. Holien
clarified that any property within 800' would be included. Other properties outside of that
would not be included. Dragten referred to lighting and other problems, and stated that for
that reason, the Commission only included 2 and 3. However, properties already within 800'
would be included.
Pfeffer noted that 2 and 3 are beyond 800'. Dragsten explained that these areas are not
abutting residential. Dragsten also indicated that the north side areas are all within 800'.
Spartz asked if this went forward to City Council. Holien stated that it had not. Spartz asked
if that was normal for such a lag between Commission and Council review. Holien reported
that it isn't; but that it was requested that we have another public hearing.
Voight stated that adding segment I isn't in the City's best interest due to visual pollution
factors. Voight stated that he isn't certain that he likes the addition of segments 2 and 3,just
because if it keeps extending it, it won't end. It will become a competition. He stated that
while it might be helpful for travelers, they already have the blue information signs on the
freeway. He indicated that he would think that if you see bigger signs, you'll know other
things are there. Voight stated that although he is okay with the large signs, he doesn't
believe them to be necessary. Voight asked about the size of the Holiday sign. Anderson
stated that he believed it was 140 square feet. Voight stated that it is his opinion that sign is
big enough.
Dragsten stated that the consensus is that the original motion stands. Spartz stated that in
driving by Rogers, you can see the sign posts, and it isn't aesthetically pleasing. As far as
main businesses, word travels and people know where they are at. He stated that he thinks
200 square feet is adequate.
Dragsten noted that if a plan comes in as a PUD, there is some flexibility.
Hilgart asked what the Commission's options are. Holien referred to the previous meeting's
report, which outlined map segments for Commission's choice on the extensions. Schumann
indicated they could let the original motion stand.
Chairman Dragsten closed the public hearing. The Commissioners indicated that they would
let the original motion stand and recommended that the item move forward to the City
Council. Voight noted that it would be the yellow map would be moving forward to the City
Council. Dragsten stated that at this time, the Commission sees no need to change the motion.
8.
Public Hearing Consideration of a reQuest for amendment to the Monticello Zoning
Ordinance Chapters 3-2 and 3-5, as related to the exterior storage and parking of vehicles in
residential districts. Applicant: City of Monticello
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a. Rear-Yard Vehicle Storage
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Planner Holien presented the staff report, stating that this item had originally
been heard at the April Planning Commission meeting. At that meeting, the
Commission recommended that staff prepare additional amendments dealing
with parking in the side yard and the parking area setback. As such, staff
met with the Building Department on other items. The proposed ordinance
is a result of those discussions.
Holien stated that currently, vehicle parking is allowed in the side, rear and
front on the designated driveway or on one additional surfaced space.
Existing language stated that the one additional existing space must be
surfaced with bituminous. There is no language on the surface material of
front yard parking. Holien reported that the previous amendment stated that
vehicle storage in the rear yard would be prohibited except for within a
garage. In this amendment, it additionally regulates that vehicle parking
would be allowed only the extra surfaced space or on a driveway leading to
an accessory structure.
Holien stated that the side yard amendment addresses the one surface space
adjacent to a garage which must be setback 3' from the lot line. Staff has
also addressed the requirements for surfacing. Holien noted that the
ordinance does not currently address surfacing. This amendment addresses .
appropriate materials, including concrete, bituminous, pavers.
Holien stated that due to unique configurations for corner lots, staff
recommends that where someone is choosing a side yard parking space on
these lots, the amendment proposes a 90% opacity screening, with 70%
natural materials.
Holien stated that the City does not currently require a permit for driveway
construction. However, due to a continued litany of violations, staff has
spoken with the Building Department and recommends requiring a permit
on all driveway construction as a means to better manage relating
information to people. The permitting process allows additional
communication, specially related to drainage and utility easements. For
example, property owners may construct parking over the 6' required
drainage and utility easement to the 3' line, but the potential for ripping the
surface up for utility or drainage needs is at owner's expense. The City feels
it's important to be able to communicate that information.
Finally, Holien stated that the amendment addressed the number of
recreational vehicles allowed and parking on the boulevard. Holien stated
that the boulevard item has been attached as a separate memo. Staff believes
it's important to address recreational vehicles, including motor homes, .
ATVs, etc., in order to preserve driveways for registered vehicles. Holien
stated that the ordinance limit is currently one truck plus recreational
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vehicles and equipment. Holien stated that the amendment additionally
limits this to no more than one recreational vehicle and equipment may be
parked in residential driveway at one time. Any additional items are
required to be parked behind the front building line.
Holien stated that these amendments are aimed at helping with blight and
nuisance issues. Holien stated that at this time, the language applies to
single family units only, as multi and two units need to be addressed
separately.
Voight asked if recreational vehicles have to be parked behind front line on
an improved surface. Holien stated that would be correct.
Hilgart inquired if the ordinance amendment would mean that there would
be no parking in the rear yard, unless there is a garage. Holien concurred,
but stated that if the only garage is in the rear yard, the vehicles could be
parking in spaces along side and in front. Hilgart commented that with
these amendments you can't just put your snowmobiles on a trailer and park
on the grass in the side yard. Hilgart inquired if only one recreational
vehicle was allowed in the driveway, what about in sideyard. Holien stated
that the property owner could park as many as they wanted on the surfaced
area, as long as they don't encroach on the 3'.
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Spartz stated that his understanding was that the amendments were aimed at
taking care of unlicensed and inoperable vehicles. Holien stated that the
current ordinance already addresses those. The amendments go further in
not allowing vehicles to be parked in rear yards. Anderson stated that boats,
trailers and other recreational vehicles can still be parked in the rear yard.
Those we want to leave as allowable uses. Anderson stated that what the
City is trying to avoid is a car or pick-up truck, licensed or unlicensed, in the
rear yard. Hilgart clarified that their snowmobiles on a trailer could be in
the rear yard. Anderson confirmed.
Schumann noted the Commission had dealt with these issues in regard to
detached accessory structures amendments. Schumann commented on the
balance between high-end neighborhoods and the need for storage of all
accessory and recreational items.
Spartz noted that he has rock on the side yard of his house. Anderson stated
that the whole intent is to get junk vehicles out of the back yard. Vehicles
should be parked inside or on an improved surface. Dragsten stated that in
trying to do these other things, it may be that it is harder to get the junk
vehicles item passed.
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Dragsten stated that currently, no one can park within 15' of the curb.
Holien stated the subsequent memo addresses that item.
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Dragsten noted the provision that driveway grading plans are subject to the A
approval. Anderson stated that a portion of driveway area is public right of .,
way or may be drainage and utility easement. He noted that impervious
surface impacts drainage and that there is area that is sufficient to allow for
drainage. Sometimes these drainage swales get filled in. He explained that
with more impervious, there is increased water run-off in these areas.
Holien stated that the current ordinance actually requires the approval, but
notes a waiver is allowable.
Dragsten asked about surfacing requirements. Gabler asked about the
acceptability of rock. Anderson stated that rock migrates out into City
streets and into storm sewers and cause maintenance problems. Rock fits
between grates. Gabler asked if the City could require a specific size of
rock. Gabler noted that temporary driveways require rock entrances.
Anderson stated that temporary rock entrances are required to be below the
entrenchment behind the curb. It is also common for streets to have to be
cleaned as part of development agreement.
Chairman Dragsten closed the public hearing.
Spartz re-stated that even with a long driveway, only one recreational
vehicle would be allowed; the others would have to be on side or in rear.
Hilgart stated that he likes the idea of saying you can't just park vehicles on e
the side of your house in the grass. Dragsten stated that what he and
Commissioner Spartz are referring to is if you have a boat and four
wheelers, where do you put them if you can't get them to the backyard.
Anderson referred to growing families with three to four cars plus
recreational vehicles. Anderson and Schumann clarified you could have
your vehicles in the driveway, plus one truck or recreational vehicle.
Holien stated that if you want all of your vehicles in the driveway and your
one recreational vehicle, that was allowable. However, this amendment
limits front driveway parking to one recreational vehicle. Hilgart stated that
the ordinance isn't stating that you can't have multiple vehicles in your
driveway.
Anderson referred to the 30' required front yard setback, stating that
typically four vehicles could fit within that distance. Anderson stated that
where we will run into problems is with the R-2A lots where there is only
room for two vehicles plus two in garage. They have shorter setback
distances with sidewalks.
Anderson said that in developing the amendment, staff tried to use common
sense, and as much of what we've seen in the field, to develop something A
that fit. .,
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Dragsten asked about the 90% opacity and 70% natural screening for comer
lots. Holien stated that is for comer lots with garages on the comer side.
Anderson stated that in some of those cases, screening may be on property
line, or setback line. Dragsten asked if they are required to stay out of
drainage and utility easements. Anderson stated that iflandscaping is put it
in the easement, the property owner is ultimately responsible. Spartz asked
about screening with visibility at comer. Anderson referred to setbacks and
right of way, stating that there should be enough visible area, although street
width variables and smaller setbacks may impact that. Spartz asked if
language referencing the line of sight could be added. Holien indicated that
it could be added.
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Dragsten asked about surfacing. Voight stated that item is what he is
struggling with as well. He stated that the City would be asking the public
to do a lot of stuff to improve the surface, which may be burdensome. He
asked how significant it is to allow for rock. Anderson stated that the
problem is maintenance. As long as it is maintained, there isn't a problem.
However, with freeze-thaw, there are problems. Anderson suggested
alternatives such as conbit (concrete bituminous), crushed concrete, and
crushed granite. They are readily available. Dragsten stated that adding
those gives people an alternative. Holien stated those could be added.
Spartz stated that perhaps it should be materials to control dust and drainage.
Dragsten clarified that rock area would be grandfathered in. Anderson
confirmed, until deterioration.
Dragsten inquired how would people know they would need a permit to do
their driveway. At this time, there is no permit required Anderson stated
that this requirement is basically so that the City knows when these things
are occurring, so that people are aware of ordinance and setback limitations.
It gives the City a way to get information out, to be more proactive rather
than addressing violations.
Gabler asked about permit fees. Anderson stated that would be decided
later.
It was noted that permits are required for sprinkler systems.
Anderson expressed his appreciation for the Commission's consideration,
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MOTION BY COMMISSIONER HILGART TO RECOMMEND
APPROVAL OF OF THE PROPOSED AMENDMENTS WITH THE
NOTATION THAT ALTERNTAIVES TO PAVING BE ALLOWED, TO
INCLUDE CONBIT, CRUSHED CONCRETE AND CRUSHED
GRANITE, BASED ON A FINDING THAT THE AMENDMENTS ARE
CONSISTENT WITH THE INTENT OF THE OFF-STREET PARK
REGULATIONS AND WILL ASSIST IN PROTECTING THE HEALTH,
SAFETY, AND GENERAL WELFARE OF THE COMMUNITY.
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MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION
CARRIED, 5-0.
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b. Off-Street Parking Setbacks
Holien presented the staffreport. Holien indicated that this item has come up as a
concern, as related to the setback from boulevard and street surface. Holien cited the
current ordinance, which indicated that no parking is allowed within IS feet of any
street surface. Holien commented that the intent of the IS foot setback is to prohibit
blocking of sidewalks and pathways, blocking snowplow procedures, and creation of a
nuisance to Public Works. Staff has prepared language to address those issues.
Holien stated that the Commission has been presented with three options. The first is
to amend the code to allow parking within IS feet of the street surface and within the
boulevard in circumstances where vehicles will not interfere with sidewalks or
snowplows. The second option is an amendment to prohibit parking within 15 feet of
the street surface and within the boulevard for any period of time in excess of24
hours. Or, the Commission can retain the current ordinance language, prohibiting all
off-street parking within 15 feet of the street surface and all off-street parking within
the boulevard for residential properties.
Dragsten asked it the second alternative would apply to any time of the year. Holien
stated that it would.
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Spartz stated that it seems that the intended purpose is to allow Public Works to plow
street and clear the sidewalks, so the City needs to determine which alternative meets
that. Spartz commented that it seems number one seems to address that best. Holien
stated the 24 hour option is probably more difficult to enforce. Dragsten stated that
the problem with the first option is that there is no time frame. Holien noted that the
Commission could also combine the two options.
Dragsten stated that he doesn't like the 24 hour option. Gabler stated that we could
put it to 72 hours. Hilgart commented that if you aren't blocking things, who cares if
you park there. Hilgart agreed that the first alternative seems appropriate. Voight
stated that as far as enforcement, you aren't going to hear about it unless it is a
problem. Voight agreed that the first option seemed like the best.
Chairman Dragsten opened the public hearing. Hearing no comments, Chairman
Dragsten closed the public hearing.
Spartz noted that people could pull in and out to avoid the 24 hour violation.
Anderson recommended option one, which seems to be the cleanest in terms of
enforcement.
MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL
OF AN AMENDMENT TO THE ORDINANCE TO ALLOW PARKING
WITHIN IS FEET OF THE STREET SURF ACE AND WITHIN THE
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BOULEVARD IN CIRCUMSTANCES WHERE VEHICLES WILL NOT
INTERFERE WITH SIDEWALKS OR SNOWPLOWS.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0.
9. Comprehensive Plan Update
Schumann reported that the first draft of the comprehensive plan would be made available for
editing by staff on July 13th. After staff edits, it would be given to the Commission and
Council in advance of a joint work session. At the time that Commission and Council were
prepared to move forward, it would move to community meetings.
10. Consideration of a report regarding the maintenance of entrance monument signage.
Schumann reported that a recent inquiry had led to clarification on that item. The City
Attorney indicated that as to center islands, the owner is obligated to maintain these, absent
any other provision in the development contract. If the City is the owner in that it is part of
our right of way, it is the City's responsibility to maintain them. As to monuments on the
individual property, it is a structure just like any structure on their property and would be
subject to applicable code requirements. Unless the development contract both requires on
going maintenance and assigns that responsibility to the owner of the lot, the owner of the lot
would not have the responsibility to comply with the maintenance of the landscaping.
Gabler asked for an inventory of all monument signage in the City. Schumann indicated that
staff could prepare the inventory.
11.
Consideration of an Update regarding the Citv of Monticello's statutory authoritv for
regulation of grOUP homes within city limits.
Schumann stated that over the past few weeks, City officials and staff members have
received a number of inquiries as to the City's ability to regulate group homes,
specifically in single-family neighborhoods. Schumann indicated that the Commission
had been given information pulled from State Statute and other legal sources regarding
the City's authority on this matter.
Schumann commented that the City Attorney had emailed regarding this item and the
email had been included with the information.
Schumann stated that in a preliminary review of the materials available, it is staff's
opinion that the City has only very limited control in relationship to regulation of group
homes. Minnesota statute's Municipal Planning Act and the federal Civil Rights ActlFair
Housing Act prohibit discrimination in housing for these types of uses. Additionally, the
statute outlines extensive regulations for group homes themselves, in terms of definition,
permittingilicensing through the County, records, reporting, etc.
Schumann reported that many municipalities have challenged various aspects of both the
federal and state regulations and have not been successful. However, the City of St. Paul
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was able to gain some leverage through regulation of the distance between homes. The
summary of that case is included below. After this decision, the state statute was written e
to allow cities of the first class to regulate location of group homes by distance in certain
circumstances. Some metro-area cities have, or are, considering passing codes of a
similar nature, even though they are not cities of the first class. This is done with the
assumption that they will be challenged.
Commissioner Hilgart expressed concern, stating that he believes it to be very important,
especially with all of the foreclosures. Hilgart asked if it is possible to limit the number of
houses for rent. Anderson discussed the provisions of the proposed rental ordinance and
referred to investors with no stake in the community. Anderson stated that once the City has
an ordinance in place, it will have a way to regulate and inspect rental properties.
Holien stated that there are currently other cities looking at regulation of group homes in
single family neighborhoods. This is something that they will most likely be challenged on.
lt is something that would require more research.
Dragsten asked how many permits had been issued this year that were investor type.
Anderson said out of39, probably 33. Hilgart commented that this will likely drive prices
down. Hilgart stated that it seemed that the first step is the rental ordinance and then to
possibly limit the number of group homes.
Referring to group homes, Commissioner Dragsten indicated that he shared Hilgart's concern
and asked if the Commission could recommend regulation by distance. Schumann indicated e
that it would require a public hearing either at the Councilor Commission level; more
research would need to be undertaken to find out the process for such an amendment.
Schumann noted to the Commission that such an amendment would directly violate the State
statute.
MOTION BY COMMISSIONER DRAGS TEN TO RESEARCH AND RECOMMEND THE
DRAFTING OF AN ORDINANCE REGULATING DISTANCE BETWEEN GROUP
HOMES.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 5-0.
12. Consideration of an update regarding the status of the conditional use permit for Walt's Pawn
Shop.
Schumann reported that in conjunction with the pawn license issued currently on a monthly
basis to Walt's Pawn, the Building Department is looking into compliance with the approved
conditional use permit. Upon completion of inspection, a report will be prepared for the City
Council. Commissioner Dragsten asked Schumann to make the report available to the
Planning Commission.
13.
Consideration of calling for a public hearing regarding the amendment of Section 3-9rEl as
related to the regulation of signage in the Central Communitv District.
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12
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Schumann presented the staff report, stating that Paeonia Floral has requested a 5.8
square foot projecting sign for their business, located at 105 3'd Street West (formerly
Stems & Vines).
Schumann explained that projecting signs are allowed within the CCD, but only in the
Broadway Downtown District. The property location is outside of the Broadway
Downtown District. As such, the sign proposed is not permitted at this location. As it is
not permitted, there is no ability for the applicant to seek a variance.
Schumann referenced that in staff discussions regarding the proposed sign, there was
some idea that signs of this nature should be encouraged, rather than discouraged in the
general CCD. However, the proliferation of such signs could also present a problem,
particularly coupled with other sign allowances in the (wall and pylon) CCD.
The Design Advisory Team met on July 10th and discussed this application and the idea
of a possible amendment to the code to allow this type of sign.
Schumann reported that the Design Advisory Team is recommending that the Planning
Commission call for a public hearing to strike the "Broadway Downtown District" clause
from the ordinance regulating projecting signs. In short, striking that clause would allow
projecting signs in all ofthe CCD, in addition to other signs allowed. The applicant
would still be required to meet total sign square footage requirements, no matter what
their combination of signage.
Schumann stated that in considering an amendment in this regard, Commission may also
want to address the reduction of allowances for wall and/or pylon signs as a trade-off for
allowing this type of sign in the greater CCD area.
MOTION BY COMMISSIONER DRAGSTEN TO CALL FOR A PUBLIC
REGARDING THE AMENDMENT OF SECTION 3-9[E] AS RELATED TO THE
REGULATION OF SIGNAGE IN THE CENTRAL COMMUNITY DISTRICT.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 5-0.
14. Adioum.
MOTION BY COMMISSIONER SPARTZ TO ADJOURN.
MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 5-0.
13
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Planning Commission Agenda - 08/07/07
5.
Consideration of a request for extension of a Conditional Use Permit for Development
Sta!!e Planned Unit Development and Preliminary Plat for Villas on Elm. Applicant:
UP Development (AS)
REFERENCE AND BACKGROUND
On June 5th, 2007, the Planning Commissioned tabled action on a recommendation to
approve a request for extension for Preliminary Plat and CUP for the ViDas at Elm project.
The action was to provide time for the applicant to work with property owner to remedy
blight and nuisance issues existing on the proj ect properties. As such, the Building
Department inventoried blight and nuisance items. A letter detailing these items and
required remedy was sent to the applicant on June 21st.
Since that time, the applicant has worked with the property owner to remedy blight issues
on the property.
Remaining blight items have been noted on the images attached as supporting data. In
discussing the items with the applicant, the property owners apparently have indicated a
reluctance to remove the trailers parked on the property and the remaining concrete pad.
The concrete pad's removal was a requirement of the demolition permit for the shed
structure previously on the site. The demolition permit was issued to the property owner,
not the applicant.
In making a recommendation, the Planning Commission should consider the ability of the
applicant to remedy blight issues on property not under their ownership. The Commission
should also consider the significant number of items that the applicant has yet to address in
terms of meeting the conditions of the development stage approval.
ALTERNATIVE ACTIONS
1. Motion to reconunend extension of the June 26th, 2006 Conditional Use Permit for
Development Stage Planned Unit Development and Preliminary Plat for Villas on Elm to
June 26th, 2008. with the condition that all previously approved conditions be assigned to
the extension.
2. Motion to reconunend denial of an extension of the June 26th. 2006 Conditional Use
Permit for Development Stage Planned Unit Development and Preliminary Plat for Villas
on Elm
3. Motion of other.
STAFF RECOIVIMENDATION
Planning staff believes that the applicant may have only limited control in requiring the current
property owner to remove the trailers and concrete pad. Blight issues and code violations are the
direct responsibility of the property owner. The City's enforcement action may best be directed
at the property owner.
Planning Commission Agenda - 08/07/07
However, it should be noted that there a a number of major items that the applicant has yet to
address in terms of meeting the conditions of the development stage Planned Unit Development. e
Any recommendation for extension should be contingent on meeting of all conditions previously
assigned.
SUPPORTING DATA
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Remaining Blight Issues Images - 07/21107
Preliminary Plat and Development Stage PUD Plan
Extension StatuslBlight Notification Letter - 06/21107
Conditions Letter - 07/26/07
WSB Comment Letter - OS/24/06
WSB Comment Letter - 07/09106
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June 21 n, 2007
MONTICELLO
Mr. Tom Rollings
UP Development
4550 Weston Lane North
Plymouth, MN 55446
COPy
RE: Villas on Elm Extension of Preliminary Plat and CUP for PUD
City Planning File No.: 2005-073
Dear Mr. Rollings,
On June 5th, 2007, the Planning Commission recommended tabling of action on the request for extension
of the Preliminary Plat and Conditional Use Pennit for the Villas at Elm project. The Commission's
intent in tabling was to allow the applicant 30 days to work with all owners of property encompassed
within the development proposal in the remedy of blight and nuisance issues.
e
As such, the Monticello Building Department has completed an inspection and inventory of blight and
nuisance items that need to be addressed. Please see the attached photos and the description of the work
that should be completed, which is directly below the pictures.
It is staffs belief that the 30 days for action begins from the receipt of the information on nuisance and
blight items. As such, the 30 days shall begin from the date of this letter. The deadline date for action is
therefore July 22"", 2007.
However, the Planning Commission indicated that they would review the item again at their next regular
meeting, which will be held on July 11th, 2007. It is at your discretion whether the clean-up will have
been completed in time for review on July II th, or whether you would like the review of the extension to
be taken to the August 7"', 2007 Planning Commission meeting.
In that regard, please notify me to schedule a second Planning Commission review of the request for
extension.
If you have any questions on the materials included, please contact City Building Inspector DJ Hennessey
at 763-271-3213.
ann
evelopment Coordinator
c:
Jeff O'Neil!, City of Monticello
Gary Anderson, City of Monticello
Stephen Grittman, NAC
Kimberly Holien, City of Monticello
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Monticello City Hall, 505 Walnut Street. Suite I. Monticello, M.'i 55362-883 I . (7631 295-271 I . Fax (7631 295-4404
Ofttce of Public Works. 909 Golf Cou"e Rd, Monticello. M'i 55362 . (7631 295-3 I 70. Fax (763) 27 I -3272
Wright County - Property Information Results - Parcel Data
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~ W"'GtIT COUNTY OF "!NN~OTA
Property Information
The property information database is updated daily. Last updaled:6/20/2007
Parcel Data I Inll<,Stiitifme"ntl
I!l!D!I
RECEIVED
'liN ~ {l Z007
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Assessment
Appraisal
Sales Detail
Property lD: 155-500-101412
Tax Year: 200811
Pro pert)" Address:
601 ELM ST
MONTICELLO MN 55362
Municipality: CITY OF MONTICELLO
School Dist: 0882- SD 0882 MONTICELLO
Owner Name:
ELM VILLA LLC
Taxpayer Name & Addre..:
ELM VILLA LLC
5500 WA YZATA BLVD #1200
MINNEAPOLIS MN 55416
Lot:
Block:
Section: 10
Township: 121
Range: 025
Plat Name:
UNPLATTED LAND
Deeded Acre: 0
Legal Description: REV DES NO 6 BKI46DDS PG215
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As a public service Wright County is providing access to information maintained by Wright County for individual
parcels of property. This information is to be used for reference purposes only. Although reasonable efforts are taken to
publish the most current property information, Wright County does not guarantee accuracy of the material contained
herein and is not responsible for misuse or misinterpretations.
Copyright 1;) 2003 Wright County
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Property Information
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Par c el Oat a I tJ;alCfstlitii'merltl
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Assessment
Appraisal
Sales Detail
Property I.D: 155-500-101404
Tax Year: 20081
Property Addres"
601 ELM ST
MONTICELLO MN 55362
Municipality: CITY OF MONTICELLO
School Dist: 0882- SD 0882 MONTICELLO
Owner Name:
CHARLES STUMPF IR SUP NEEDS TR
RANDY W RUFF TRUSTEE
Taxpayer Name & Address;
CHARLES STUNIPF IR SUP NEEDS TR
R.>l.NDY W RUFF TRUSTEE
611 ELMST
MONTICELLO IvIN 55362
Lot:
Block:
Section: 10
Township: 121
Range: 025
Plat Name:
UNPLATTED LAND
e Deeded Acre: 0
Legal Description: SWLY80FT OF TH PRT OF SEl/40F NE1I4BEG AT SE COR OF LTlBLKIIN BAR.BUR'S
ADD TO TWN OF MONTI TH NI4D E ALG CTR LN OF RD&EL Y LN OF LTlFRI5R.DS TO A PT TH WL Y
ON A LN PAR TO S LN OF SD BLK22R.DS TO APT TH S14D WI5R.DS TO S LN OF SD BLK TH EI4D S TO
POB EX PRT DES IN BK193-333
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As a public service Wright County is providing access to information maintained by Wright County for individual
parcels of property. This information is to be used for reference purposes only. Although reasonable efforts are taken to
publish the most current property information, Wright County does not guarantee accuracy of the material contained
herein and is not responsible for misuse or misinterpretations.
Copyri~h! :t:' ~OO3 Wright County
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Property ID: 155-500-101402
Tax Year: 2008 II
Property Address:
701 ELM ST
MONTICELLO MN 55362
Municipality: CITY OF MONTICELLO
School Dist: 0882- SD 0882 MONTICELLO
Owner Same: (OTHER)
CHARLES STUlvlPF IR SUP NEEDS TR
RANDY W RUFF TRUSTEE
611 ELM ST
MONTICELLO MN 55362
Taxpayer Name & Address:
RANDY W & RONALD H RUFF
611 ELM ST
MONTICELLO "'IN 55362
Lot:
Block:
Section: 10
Towmhip: 121
Range: 025
Plat Name:
UNPLATTED LAND
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Deeded Acre: 0
Legal Description: TH PRT OF SEl/4 NE1I4 TH LIES I) EL Y OF E LN OF COUNTRY CLUB MANOR AS
MON 2) WL Y OF CTRLN OF ELM ST 3) SLY OF SLY LN OF BLKI GRlEFNOW ADDN AS MON &lTS WL Y
&EL Y EXTS & 4) WL Y &SL Y OF W &S LNS OF HAROLD RUFF'S ADDN L Y SLY OF THE WL Y EXT OF S
LN OF HAROLD RUFF'S ADDN
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As a public service Wright County is providing access to information maintained by Wright County for individual
parcels of property. This information is to be used for reference purposes only. Although reasonable efforts are taken to
publish the most current property information, Wright County does not guarantee accuracy of the material contained
herein and is not responsible for misuse or misinterpretations.
Copyrig:hL '0 ~OO} '.Vright County
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Property Information
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Parcel Data I
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Tax Summary
,~y"",pT"r.",1
_~""",=t=
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II!II!lI
Property In: 155-054-001020
Tax Year:.2Jl~~1I1
Property Addre..:
Municipality: CITY OF MONTICELLO
School Di't: 0882- SD 0882 MONTICELLO
Owner Name:
RANDY W RUFF
Taxpa)'er Name & Address:
RANDY W RUFF
611 ELM ST
MONTICELLO MN 55362
Lot: 002
Block: 00 I
Sectiou: 10
Township: 121
Range: 025
Plat Name:
HAROLD RUFF'S ADDN
Deeded Acre: 0
Legal Description: N/A
e
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parcels of property. This information is to be used for reference purposes only. Although reasonable efforts are taken to
publish the most current property information, Wright County does not guarantee accuracy of the material contained
herein and is not responsible for misuse or misinterpretations.
Copyright ~ 200; Wright County
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. dr-Ill' llIIlIIIlY g, MOOalITA
Property Information
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Parcel Data I ~
IIDiIlI
Property ID: 155-054-001010 Tax Year: 13008.
New Search
Assessment
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Property Address:
611 ELM ST
MONTICELLO MN 55362
Municipality: CITY OF MONTICELLO
School Dist : 0882- SO 0882 MONTICELLO
Owner Name:
RANDY W RUFF
Taxpayer Name & Address:
RANDY W RUFF
611 ELM ST
MONTICELLO MN 55362
Lot: 001
Block: 00 I
Section: IO
Township: 121
Range: 025
Plat Name:
HAROLD RUFF'S ADON
.
Deeded Acre: 0
Legal Description: N/A
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:: View Map
As a public service Wright County is providing access to information maintained by Wright County for individual
parcels of property. This information is to be used for reference purposes only. Although reasonable efforts are taken to
publish the most current property information, Wright County does not guarantee accuracy of the material contained
herein and is not responsible for misuse or misinterpretations.
Copyright ro 2003 Wright County
.
http://www.co.\vright.mn.us/govportal;proptax/results.asp~pid= 15505400 1 0 10&taxyear=2... 6/20/2007
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5D
July 26"', 2006
MONTICELLO
Mr. Tom Rollings
UP Development
4550 Weston Lane North
Plymouth, MN 55446
RE: Villas on Elm
Dear Mr. Rollings,
This letter serves as an update on the status of the Villas on Elm project in terms of your next
steps in the City's review process.
On June 26th, 2006, the City Council voted to approve the conditional use pennit for development
stage PUD and preliminary plat request for the project. The conditions of that approval are as
follows:
1. The applicant shall verify actual building designs for single family homes, attached townhomes
and detached townhomes.
2. An alternate design shall be submitted for the rear of all detached townhomes to create a more
attractive streetscape.
3. An alternate design shall be submitted for single family homes adhering to R-2A standards.
4. The applicant shall submit a revised landscape plan for the single family homes illustrating
compliance withR-2A standards.
5. A six foot landscaped buffer shall be installed to separate all shared driveways.
6. An alternate parking plan shall be submitted reducing the size of both head-in parking bays in
Phase II and restoring a portion of the usable open space.
7. On-street parking shall be limited to one side of each road. Hours of on-street parking shall be
limited to prevent overnight parking and on-street parking shall be ptohibited during
snowplowing season. Dates of said season and appropriate hours shall be established by the City
Council.
8. The applicant shall submit all documentation relating to environmental concerns of the site.
9. The applicant shall comply with all recommendations of the City Engineer.
10. The developer shall submit homeowner's association documents.
I!. All unitlhome designs shall be submitted to the Planning Commission and City Council for
approval.
12. The sidewalks on either side of Elm Street shall be revised to follow the ROW.
13. The sidewalk on the west side of Elm Street should be extended to the northern edge of the site
and the sidewalk on the east side of Elm Street should be extended south of Street B to the edge
of the site.
14. A street lighting plan shall be submitted demonstrating that garage lighting will not be used in
lieu of streetlights.
15. Other conditions as recommended by the City Council.
Monticello City Hall. 505 Walnut Street, Suite I, Monticello. MN 55362-8831 . (763) 295-2711 . Fax (763) 295-4404
Office of Public Works, 909 Golf Cou"e Rd., Monticello, loIN 55362 . (763) 295-3170 . Fax (763) 271-3272
Tom Rollings
July 26~, 2006
Page 2
These conditions will be supplied to Wright County in an order of recording for the conditional
usepennit.
Prior to consideration of acceptance of construction plans for the project, the above conditions
must be addressed, with the exception of those related to building designs. All building designs
must be approved by the Planning Commission and City Council prior to final stage PUD
approval and any building permit approvals. A complete set of revised preliminary plat and
development stage POO plans in satisfaction of theses conditions is required to meet the approval
and allow for further review of this project.
Additionally, engineering staff has completed a thorough review of the current plan submittal and
has the following comments which also need to be addressed in the revised submittal and in
future preparation of construction documents. A letter from WSB Water Resources Engineer Phil
Elkin is also attached for reference.
General Comments (some may have been addressed in revised plans submitted to the City Council)
I) Manholes shall not be located in wheel tracks.
2) Mainline utilities shall not be located under curbs.
3) Hydrants on curves shall be located on the inside of the curve.
4) Backyard drains shall be a minimum of 4-feet in depth to prevent freezing.
5) Provide for overland drainage in case back yard drains freeze.
6) All drainage shall be contained within existing or proposed drainage easements.
7) All drainage entering the development from off-site shall be picked up in drainage easements.
8) All ponds shall include a IO-foot wide by I-foot deep safety bench beginning at the normal water
level.
9) All ponds shall be designed to be accessible by maintenance vehicles within a drainage and utility
easement.
10) Storm sewer pipe for all public systems and connection to all public systems shall be RCP.
II) Include all applicable City of Monticello Standard Plates in plan set
Plan Sheet No. I of8; Cover Sheet
I) Provide all required informatioo and notes per City of Monticello Plan Requirements and Design
Guidelines.
2) Provide actual street names.
Plan Sheet No.2 of8; Preliminary Plat
I) Work with City staff to address pIal issues along Elm Street and 7~ Street as discussed at 6/26/06
City Council meeting. The right of way on Elm Street and plat boundaries need to be verified
with the title work and the City would require a 66-foot right of way to allow for adequate
boulevard width and sidewalk placement within the right of way.
2) Provide actual street names.
3) Provide required information and notes per City of Monticello Plan Requirements and Design
Guidelines.
4) Provide easement for storm sewer from CB2 to new project storm sewer connection (CBMH2?).
See note 11 for plan sheet 4 of8.
5) Provide easement for watermain between lots 19 and 20 if connecting to 8" DIP stub near lot 20.
See note 12 for plan sheet 3 of8.
Tom Rollings
July 26",2006
Page 3
Plan Sheet No.3 of8; Preliminary Utility Plan
1) Provide actual street names.
2) Provide stationing along all streets.
3) Revise note 8 to read "ALL UNUSED EXISTING SAi'UTARY..."
4) Provide appropriate line types for all existing utilities.
5) Show existing watermain along 6" Street east of Elm Streel
6) Provide directional flow arrows in plan view for each sanitary sewer line.
7) Provide structure numbers for all sanitary manholes.
8) Provide profiles for all sanitary sewer and watermain.
9) Provide plan view locations of all service lines (sanitary sewer and watermain).
10) Provide a minimum of two valves at three-leg watermain intersections, and three valves at four-leg
intersections. Locate gate valves in-line with right-of-way.
11) Locate hydrants at intersections and property lines.
12) The City would prefer to connect to the existing 8" DIP watermain stub west of Elm Street near
lot 20, rather than dig up Elm Street to the north. Please investigate and respond.
Plan Sheet No.4 of8; Preliminsry Street & Storm Sewer Plan
I) Provide actual street names.
2) Provide stationing along all streets.
3) Provide corner radii for all streets (at least one per intersection when labeled "lyp").
4) Provide profiles for all proposed streets.
5) Label typical street sections for each street (City Plate No. 5000 or 5001).
6) Label required curb and gutter removal.
7) Label required saw cuts.
8) Provide sidewalk west of Elm Street to north end of plat.
9) Provide sidewalk east of Elm Street to south end of plat.
10) Relocate sidewalk along Elm Street to I' off right-of-way. Provide minimum 6' boulevard (face
of curb to edge of walk) where insufficient right-of-way exists.
11) CB2 is shown connecting to a private storm sewer system. CB2 must connect to storm sewer
within this project (possibly CBMH2?).
12) Provide profiles for all storm sewer (flared end sections, pipes and structures).
13) aSCI should be relabeled acs 1.
14) Directional flow arrow for west pond outlet to OCS I should be aligned over storm sewer.
15) Proposed retaining wall construction is shown within drainage and utility easements on south end
of development, which is not allowed.
Plan Sheet No.5 of 8; Preliminsry Grading Plan
1) Provide actual street names.
2) Provide stationing along all streets.
3) Add a rock construction entrance at east end of 6 Y, street.
4) Clearly label existing contours between 6 and 6 Y, streets east of development.
Plan Sheet No.6 of8; Tree Survey
I) No comments.
Plan Sheet No.7 and 8 of8; Details
1) No comments.
Tom Rollings
July 26"',2006
Page 4
You will also fInd enclosed for reference the following items to aid in future submittals and
process.
Monticello Development Process Guidebook
Plan Set Requirements
Development/Final Stage PUD Checklist
Preliminary Plat Checklist and Worksheet
The Development Process Guidebook is helpful in identifying the next steps and requirements in
terms of the fmal platting and construction process. The other materials are being provided to
ensure that you have the information necessary to submit a complete revision package.
At the time that you are ready to proceed with supplying fmal home designs to the Planning
Commission and City Council, please contact me to arrange a review and hearing schedule.
If you should have any questions on the information above, please do not hesitate to contact
either myself or the City Engineer Bruce Westby.
c: Jeff O'Neill, Deputy City Administrator
Bruce Westby, City Engineer
Steve Grittman, NAC
Shibani Bisson, WSB & Associates
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May 24, 2006
Stephen W. Grittman
Northwest Associated Consultants, Inc.
4800 Olson Memorial Highway, Suite 202
Golden Valley, MN 55422
Re: Villas on Elm Plan Review Comments
City Planning Project #2005.070
Dear Mr. Grittman:
The City of Monticello' s Engineering Department has completed a review ofthe
preliminary plans for the Villas on Elm PUD residential development received by the
City on May 5, 2006. This plan set contained four (4) plan sheets including the
preliminary plat, dated February 2, 2006, and the preliminary utility, street and storm
sewer, and grading plans, all dated March 6, 2006. Our review comments are as follows:
General Comments
1. Provide title sheet with required information and notes per City of Monticello
Plan Requirements and Design Guidelines.
2. Manholes shall not be located in wheel tracks.
3. Mainline utilities shall not be located under curbs.
4. Hydrants on curves shall be located on the inside of the curve.
5. Backyard drains shall be a minimum of 4-feet in depth to prevent freezing.
6. Provide for overland drainage in case back yard drains freeze.
7. All drainage shall be contained within existing or proposed drainage easements.
8. All drainage entering the development from off-site shall be picked up in drainage
easements.
9. All ponds shall include a 10-foot wide by 1-foot deep safety bench beginning at
the normal water level.
10. All ponds shall be designed to be accessible by maintenance vehicles within a
drainage and utility easement.
11. Storm sewer pipe for all public systems and connection to all public systems shall
be RCP.
12. Include all applicable City of Monticello design plates in plan set.
Page 1 of3
Plan Sheet No.1 of 4; Preliminary Plat
I. The right-of-way for 6 y, Street should tie into the existing right-of-way to east.
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Plan Sheet No.2 of 4; Preliminary Utility Plan
I. Provide all street names.
2. Provide stationing for all streets.
3. Revise note 4 to read .....1" COPPER TYPE K WITH I" CORP."
4. Revise note 8 to read "ALL UNUSED EXISTING SANITARY...SHALL BE
ABANDONED OR REMOVED IN ACCORDANCE WITH-.."
5. Revise note 10 to read .....BE INSTALLED PER CITY OF MONTICELLO
SPECIFICATIONS. SEE PLATE NO. 2001."
6. Provide appropriate line types for all existing utilities.
7. Show all existing utilities impacted by development.
8. Connections to existing sanitary manholes shall be core drilled and fitted with a
water tight boot.
9. Locate all sanitary sewer manholes in the centerline of streets.
10. Provide directional flow arrows in plan view for each sanitary sewer line.
II. Provide structure numbers for all sanitary manholes.
12. Provide profiles for all sanitary sewer and watermain.
13. Provide plan view locations of all service lines (sanitary sewer and watermain).
14. Provide a minimum of two valves at three-leg watermain intersections, and three
valves at four-leg intersections. Locate gate valves in-line with right-of-way.
15. Locate hydrants at intersections and property lines.
16. Revise line type for proposed watermain on north end of first private street west
of Elm Street (currently shown as solid line).
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Plan Sheet No.3 of 4; Preliminary Street & Storm Sewer Plan
I. Provide all street names.
2. Provide stationing for all streets.
3. Provide comer radii for all streets.
4. Provide profiles for all streets.
5. Remove parking stalls on 6 Y, street (parking stalls not allowed on public streets).
6. Revise typical street section per City of Monticello Plates No. 5000 and 500 I.
7. Include sidewalk in typical section as applicable.
8. Revise note 2 to read "INSTALL TWO ROLLS (3') OF SOD..."
9. Add note 4 reading "PEDESTRIAN CURB RAMPS TO BE CONSTRUCTED
PER CfTY OF MONTICELLO STANDARD PLATE NO. 5009." and place (4)
next to all "PED RAMP" leaders.
I O. Add "PED RAMP" leaders for proposed pedestrian curb ramps at the 6 y, street
connection and at connection to Elm Street at south end of project.
II. Provide directional flow arrows in plan view for each storm sewer line.
12. Provide structure numbers for all storm manholes and flared end sections.
13. Provide profiles for all storm sewer (flared end sections, pipes and structures).
14. Provide grouted riprap at all flared end section outlets.
IS. Provide sheet piling at all flared end sections 24" in diameter and greater.
16. Provide all missing topography east of development.
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Page 20f3
e Plan Sheet No.4 of 4; Preliminary Grading Plan
L Provide all street names.
2. Provide stationing for all streets.
3. Add another rock construction entrance at 6 \/, street connection.
4. Clearly label existing contours between 6 and 6 \/, streets east of development.
The developer also submitted drainage calculations to the City on May 5, 2006. WSB
and Associates, the City's consulting engineer, is reviewing the drainage calculations and
will be submitting their review comments to you directly. In addition, the developer
submitted a landscape plan which City staff is assuming will be reviewed by NAC for
completeness and content.
Should you have any questions or concerns regarding any of the enclosed comments,
please contact me at 763-271-3236.
Sincerely,
Bruce Westby, P.E.
City Engineer, Monticello
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cc: leffO'Neill, City of Monticello
lohn Simola, City of Monticello
Bret Weiss, WSB and Associates
Phil Elkin, WSB and Associates
Shibani Bisson, WSB and Associates
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Page 3 of 3
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Memorandum
To:
From:
Date:
Re:
Bruce Westby, P.E.,
Monticello City Engineer
Phillip A. Elkin, P.E.
May 24, 2006
Villas on Elm Storm Water Management Review
City Project No. 2005-073
WSB Project No. 1488-55
The following report is a review of the storm water management plan associated with the
proposed Villas on Elm development. This review is based on the preliminary plat. grading.
utility and landscaping plans prepared by Otto and Associates dated 3/6/06.
.
The storm water calculations submitted with the plans are incomplete. These
calculations should include detailed hydrology for the 2-year. 10-year and 100-year
events. Calculations should also include; runoff from each sub-watershed, peak
discharge rates from each pond, high water levels and normal water levels.
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. The peak discharge rate of storm water off-site will be required to be equal to or less
than the existing discharge rate. This will most likely require a storm pond in the
northeast comer of the site (Area P3). which is currently proposed to discharge
directly into the city's storm sewer.
. The proposed pond at the southwest comer of the property near the intersection of 7th
Street and Elm Street appears to be too small to manage the designed watershed. The
applicant will need to demonstrate that this pond is large enough to manage the 100-
year storm event within the high water level.
. The proposed grading plan shows two small swale areas on the north property line
near Lot 7. Block 37 and near Lot 13, Block 37. which 'Will manage off-site runoff.
Calculations 'Will need to be provided detailing the amount of runoff and the
discharge rate.
.
Because these plans propose a catch basin in the open space of Block 47. it is
assumed that there will be some short-term ponding in this low area. To evaluate the
impact this 'Will have on the open space. a separate sub-watershed should be created
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r':\f)"c/lmo!n1S (mil Sl!lIi,,~_nR1J!d(/.."dmma"'r,C{:L"':{1f Seu;nf!-,,7"emp<>rary Jme"1f!1 F'ih:.<i(JLKr""',\"",rmwa!o!r r<'vie'" ..\4e""l,ll,~'
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Mr. Bret Weiss, P.E.
February 14, 2005
Page 2
in this area to determine the amount of runoff directed to the CB and the time of
water detention.
. The City of Monticello's storm water management plan has identified the need for a
regional pond on the east side of Elm Street within this property and the property
directly south. The ponding responsibility of this parcel has been calculated to be 4.2
acre-feet of storage below the 930.2 elevation. Previously, it was determined that the
surface area needed to provide this storage would be I acre of land graded with 4: I
side slopes. Future development to the south will be responsible for the remaining
acreage needed. Volume calculations of this basin will be needed to see if this
requirement is met.
In summary, the proposed storm water management cannot completely be evaluated at this time
because of the lack of information about the system. It does appear that the ponding can be
provided in the designated low areas however, these designated areas may need to be expanded
to manage both the runofffrom this site and the existing storm water, which runs through the
site.
Attachments
Cc:
Jeff O'Neill, City of Monticello
Bret Weiss, WSB & Associates, Inc.
Shibani Bisson, WSB & Associates, Inc.
Steve Grittman, Northwest Associated Consultants
,. I n}ClJmt!IN.' wrd .'ie/lill/:.'-WI/f!d<l..,<:hum"!lII.C!\Locnl \.:/I/IIJ[_<17<<m/lf,rur,1 Im...",,,1 F'i!e,,".(JLK6N'.\'/ormwlJ/rr r<!"it'w' ,\>/"'"0.""0'
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6f
Memorandum
To:
Bruce Westby, P.E.,
Monticello City Engineer
From:
Phillip A. Elkin, P.E.
Date:
July 9, 2006
Re:
Villas on Elm Storm Water Management Review
City Project No. 2005-073
WSB Project No. 1488-55
The following report is a review of the storm water and grading plan associated with the
proposed Villas on Elm development. This review is based on the revised preliminary plat,
grading, utility and landscaping plans prepared by Otto and Associates dated 6/1 0/06.
.
The overall hydrological storm water calculations submitted with the plans are
acceptable. Once the storm sewer alignment has been approved, hydraulic
calculations will be needed for the storm sewer pipe modeling the I 0 year event.
. The depth of most of the storm water catch basins and manholes do not meet the City
of Monticello's four-foot minimum depth requirement. A check of the elevations,
slope and cover it appears that the following storm sewer lines can be lowered to
meet the City's requirements: CB 3 to CBMH 10 (0.3% slope), CB 2 to the existing
manhole (0.8% slope) MH 8 to CBMH 10 (0.22% slope) and CB I to FES I (0.9%
slope).
. A cross-section detail is needed of the backyard drain tile system proposed for the
backyards oflots 5 through 10 of Block 35. The applicant should also provide
maintenance details of this system. (Is it proposed to be part of an association or is
the applicant proposing the line to be part of the City's storm sewer system?)
. The grading plan needs to identify the EOF routes for the ponds (not the regional
pond) and low areas with catch basins.
C:'lJocwne"lJ and Httings'lmJce. '4'BtbyLLoc~f Setti"g$\r~mpomry l~mel FUe$iOLKlI! [J Ofi Villas sw commenluJoc
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Planning Commission Agenda - 08/07/07
6.
Consideration of a request for Preliminary Plat and a Conditional Use
Permit for Development Sta2e Planned Unit Development approval for a
multi-tenant office complex. Applicant: Quad Development (NAC)
BACKGROUND
Quad Development is seeking Preliminary Plat approval and a Conditional Use
Permit for development stage Planned Unit Development for the construction of a
multi-tenant office complex. The subject site is located on Outlot A of the
Monticello Business Center 3rd Addition. The subject site is 4.5 acres in size.
The applicant is proposing five multi-tenant office buildings on the site. The
underlying zoning is B-4, Regional Business.
ANALYSIS
The subject site is located west ofWal-Mart of east of the Autumn Ridge
Townhome development, on the south side of School Boulevard. The applicant is
proposing five office buildings. Three of these buildings will be 8,500 square feet
in area with a full first floor and partial mezzanine. The remaining two buildings
will each be 12,800 square feet in area with two full floors. The applicant is
expecting a combination of office and office/showroom tenants. Planned Unit
Development is being requested to accommodate multiple buildings on one site.
The applicant is also requesting flexibility to parking and signage as part of the
PUD.
The applicant is proposing to complete the project in phases. Phase I will consist
of Building 5 only. The remaining buildings are proposed as part of Phase II, and
are expected to follow soon after.
Comprehensive Plan: Monticello's Comprehensive Plan designates this area for
commercial use.
Zonin'i!: The subject site is zoned B-4, Regional Business. The purpose of the B-
4, regional business district is to provide for the establishment of commercial and
service activities which draw from and serve customers from the entire
community or region.
CUPIPUD: A Planned Unit Development allows for flexibility in performance
standards with the understanding that the development will be held to higher
standards of site and building design than would ordinarily be required. It is the
applicant's responsibility to design the development with significant benefits and
communicate those benefits to the City for allowing a CUP/PUD.
Preliminary Plat. The subject site is currently platted as Outlot A of the
Monticello Business Center 3rd Addition. The applicant is proposing to plat the
site as Monticello Business Center 4th Addition as part ofthe project. Phase I is
Planning Commission Agenda - 08/07/07
to be platted as Lot 1, including Building 5. The remainder of the site is to be
platted as Outlot A.
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Parking. The proposed buildings comprise a total of 51,100 square feet of gross
floor area. The proposed uses for the structures have not been provided.
However, the applicant has indicated that a variety of office users are expected for
the site. The parking requirement for office uses is three spaces plus one space
for each 200 square feet of building area. In determining the building area, 10%
of the building is presumed to be reserved for utilities, hallways, bathrooms, and
other facilities. Based on stated uses, the estimated parking requirement is as
follows:
Buildin
Buildin
Buildin
Buildin
Buildin 4:
Building 5: 12,800 s uarefeet
Total Re uired
Floor Area at 90%
7,650 s uare feet
7,650 s uare feet
11,520 s uare feet
7,650 s uare feet
11,520 s uare feet
aces
The applicant has provided 243 ofthe 248 parking stalls required. The applicant
is requesting flexibility for the remaining five parking stalls as part of the PUD.
Some overlap in uses can be expected, and the site contains a great deal of
parking. The applicant has supplied 98 percent of the parking required. In that
regard, it may be appropriate to allow flexibility on the five remaining stalls.
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The site is designed with the majority ofthe parking stalls in the interior. A small
parking area is also proposed on the south side of the site.
Landscaping. For commercial sites, a minimum of one overstory tree per 1,000
square feet of gross building floor area, or one tree per 50 lineal feet of site
perimeter, whichever is greater, is required. The site has approximately 1,944
lineal feet of site perimeter, requiring 39 overstory trees. However, the site has
51,100 square feet of gross building floor area, requiring 51 trees. As such, the
building area requirement shall prevail.
The applicant has proposed 51 overstory trees, satisfying the minimum
requirement. These trees are provided through a combination of four Emerald
Lustre Maples, four Fallgold Ash, five Sienna Glen Maples, four Skyline
Honeylocusts, and five Swamp White Oaks. The applicant is also proposing 7
Austrian Pines, 14 Black Hills Spruce, and 8 Colorado Spruces. The majority of
the overstory trees are proposed along the east property line, to provide a buffer
between the subject site and the townhome development to the east. Sod is
proposed between the buildings and on the back side of each building. All parking
lot islands will also be landscaped with shrubs and perennials. The foundation of
each building will also be landscaped with shrubs and perennials.
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Planning Commission Agenda - 08/07/07
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A large plaza area is located in the center of the parking lot. The applicant is
proposing sod for this area, as well as Juniper and Dogwood shrubs and
perennials. An unidentified feature is proposed on the north side of this center
plaza. No plantings are proposed on the north half of this landscaped area. Staff
recommends that the applicant continue the shrub and/or perennial plantings to
the north to place more emphasis on this center island. Ornamental trees would
also be appropriate in this area.
In conjunction with the minimum landscaping requirements, a landscaped buffer
yard is also required between the subject site the townhomes to the east. The
conflict in uses between high density residential development and commercial
development is classified as Class B, or moderate. Therefore, a minimum
landscaped yard 20 feet in width containing at least 80 plant units for each 100
feet of property line are required. The applicant is responsible for planting one
half of this buffer yard. As stated above, the majority of the trees proposed are in
the required buffer yard area. The applicant has provided 540 plant units over
approximately 700 feet of property line, greatly exceeding the minimum
requirement.
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Lighting. A photometric plan has been submitted for the site. This plan indicates
that no glare exceeding one footcandle will spill over onto the adjacent right-of-
way or adjacent properties. The maximum footcandle reading along the east
property line, adjacent to Autumn Ridge, is 0.2. Any wall mounted lighting shall
require a full cutoff fixture.
Signage. In the case of a building where there are two or more uses and which,
by generally understood and accepted definitions, is considered to be a shopping
center or shopping mall, a conditional use permit may be granted to the entire
building in accordance to an overall site plan indicating their size, location, and
height of all signs presented to the Planning Commission. A maximum of 5% of
the gross area of the front silhouette shall apply to the principal building where
the aggregate allowable sign area is equitably distributed among the several
businesses. For purposes of determining the gross area of the silhouette of the
principal building, the silhouette shall be defined as that area within the outline
drawing of the principal building as viewed from the front lot line or from the
related public street(s).
The front fa9ades of the two-story office buildings are approximately 4,370
square feet in area each. Therefore, each two-story building is allowed 219
square feet of wall signage. The applicant is proposing seven signs each 31
square feet in area for a total of 217 square feet of wall signage per building. The
signage proposed is within the parameters of the ordinance.
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The front facades of the one story plus mezzanine buildings are 3,620 square feet
each. Therefore, each of these buildings is allowed 181 square feet of signage.
3
Planning Commission Agenda - 08/07/07
The applicant is proposing approximately 178 square feet of wall signage for the
building. Again, the signage proposed is within the parameters of the ordinance.
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In addition to wall signage, the applicant is proposing two monument signs, one
in the northeast comer of the site and one in the northwest comer of the site.
These signs will contain placards for up to six tenants. Said signs are each 96
square feet in area and 15.33 feet in height, for a total of 192 square feet of
signage. The speed limit on School Boulevard is 45 miles per hour, allowing a
freestanding sign up to 150 square feet in area and 26 feet in height. The applicant
exceeds the maximum allowance by 42 feel. Flexibility is being requested on the
signage requirement as part ofthe PUD. The applicant is not proposing any pylon
signs for the site, and the proposed wall signage is under the allotted area.
Therefore, this flexibility may be appropriate
Access and Circulation. The site has one access point extending south from
School Boulevard. The access is 40 feet in width, excluding the island, with
adequate space for turn lanes. All internal drive lanes are proposed at 24 feet in
width, wide enough to accommodate two-way traffic. The applicant is proposing
a drive aisle width of approximately 50 feet between the northernmost parking
stalls and the proposed "feature." The proposed width in this location appears to
be excessive. While a wide drive aisle may be necessary in this location to
accommodate vehicles backing out of parking stalls, staff recommends that the
applicant extend the center plaza to the north to reduce the width. Extending the
plaza further north will provide additional green space for the site, and allow the
applicant to provide additional landscaping in this center island
.
Pedestrian access will be accommodated by a concrete sidewalk running along the
front of each building. Crosswalks are proposed to connect the east side of the
site to the west side of the site. Crosswalks are also proposed to connect the
southernmost building to the remainder of the site and the center plaza. An
existing pathway is located east of the subject site, within the Autumn Ridge
Development. Staff recommends that the applicant provide a connection to this
pathway. Specifically, staff recommends that the applicant extend the sidewalk
proposed to cross through the center ofthe site and connect this to the existing
pathway. The extension of this sidewalk may require the applicant to relocate the
proposed trash enclosure. It is also recommended that the applicant connect the
internal sidewalk system to the sidewalk running along the south side of School
Boulevard. This connection is recommended from the eastern sidewalk loop,
which runs in front of buildings two and three. Connecting these pathways would
enhance the amenities of the site, as required by PUD.
Building Design. The applicant has submitted elevations for both building styles.
The elevations indicate that the buildings will be constructed primarily of brick
with CMU foundations and standing seam metal roofs. Earthtones will be utilized
for the primary fayade materials on all buildings. Each unit in the one story plus
mezzanine buildings will contain a separate entrance highlighted by glass
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Planning Commission Agenda - 08/07/07
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coverage with a dormer on the mezzanine level. The back side of these buildings
will contain some glass coverage, and no vertical details. Staff recommends that
the applicant add vertical details or other architectural elements to break up the
fayade on the back side of each building. This is of particular concern where
these buildings abut the Autumn Ridge development.
The two-story buildings are of a similar design. However, only one entrance is
provided, at the center of the building. Moderate glass coverage is provided for
both floors, on the front and back side of the building. However, staff is again
concerned with the lack of visual interest on the back side ofthe two-story
buildings. Staff recommends that the applicant provide vertical details, or step
back a portion of the building to break up the fayade and roofline.
Three detached trash enclosures are proposed on site, one each on the south, east,
and west sides of the site. The proposed materials for these structures have not
been provided. Staff recommends that all trash enclosures be required to match
the color and materials of the principal structures.
Grading and Drainage. Regarding the grading and drainage plan submitted, the
City Engineer and consulting engineer from WSB have reviewed the plans and
provided comments. Comments from the City Engineer may be found attached as
Exhibit K, and comments from WSB may be found attached as Exhibit J.
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Utilities. Regarding the utility plan submitted the City Engineer and consulting
engineer from WSB have reviewed the plans and provided comments. Comments
from the City Engineer may be found attached as Exhibit K, and comments from
WSB may be found attached. as Exhibit J.
ALTERNATIVE ACTIONS.
Regarding the request for a Conditional Use Permit for Development Stage
Planned Unit Development approval and Preliminary Plat approval for five multi-
tenant office buildings, the City has the following options:
A. Motion to recommend approval of the Development Stage Planned Unit
Development and Preliminary Plat approval, based on a finding that the
proposed use is consistent with the performance standards of the B-4
District, subject to the conditions outlined in Exhibit Z.
B. Motion to recommend denial of the Conditional Use Permit for
Development Stage Planned Unit Development approval and the
Preliminary Plat, based on a finding that the proposed use is not consistent
with the intent ofthe B-4 District, and the use may not be supported by
the site.
e
5
Planning Commission Agenda - 08/07/07
RECOMMENDATION
e
Quad Development is seeking Development Stage PUD approval and Preliminary
Plat approval for a five building, multi-tenant office development. The applicant
is seeking flexibility on parking and signage as part ofthe PUD. The overall
project is consistent with the performance requirements of the B-4 District. The
applicant is proposing a significant amount of landscaping and quality buildings
with attractive front facades.
Staff is recommending minor improvements to the building design and landscape
plan, as well as an addition to the sidewalk system in exchange for flexibility via
Planned Unit Development. The overall project design is generally consistent
with the intent ofPUD, and therefore staffrecommends approval, subject to the
conditions outlined in Exhibit Z.
SUPPORTING DATA
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit Z:
Applicant Narrative
Existing Conditions
Preliminary Plat
Grading and Drainage Plan
Utility Plan
Landscape Plan
Site Plan
Photometric Plan
Exterior Elevation
Sign Plan
Plan Review Comments from WSB, dated July 31, 2007
Plan Review Comments from Bruce Westby, July 31, 2007
Conditions of Approval
e
e
6
Planning Commission Agenda - 08/07/07
e
EXffiBIT Z
Conditions of Approval
1. A sidewalk connection shall be provided to the bituminous pathway in the
Autumn Ridge development and to the School Boulevard sidewalk.
2. Additional plantings shall be provided in the center island.
3. The applicant shall extend the center island to the north to reduce the drive aisle
width in this area.
4. Additional aesthetic details shall be provided on the back fa9ade and roofline of
each building to add visual interest.
5. All wall mounted lighting shall contain a full cutoff fixture.
6. All trash enclosures shall be of similar materials and color to those of the
principal structures.
7. The applicant shall comply with all recommendations of the City Engineer, as
outlined in the memo from Bruce Westby dated July 31 st, 2007, and the memo
from WSB dated July 31,2007.
e
e
7
.
.
.
(PA
......
.....
ARCHITECTS
RECE\VED
jUl - 2. 11107
Quad Development
Monticello, Minnesota
Fee Title Property Owner: Quad Development
12 Division Street
Buffalo, MN 55313
Applicant's Name: Rick Scott
Scott Builders
12 Division Street
Buffalo, MN 55313
Architect: Tom Moorse
HTG Architects
9300 Hennepin Town Road
Eden Prairie, MN 55347
Civil Engineer:
Mark Jaster
Anderson Engineering of Minnesota
13400 15m Avenue North, Suite B
Plymouth, MN 55441
Project Description and Purpose:
Quad Development proposes to build 5 structures totaling over 51,000 s.f. on 4.5 acres of land along
School Boulevard, directly east of the existing Wal-Mart. The buildings would contain a combination of
office and office/showroom tenants. The development would form a nice transition in land use from the
retail component (Wal-Mart) on the east and the townhome development to the west.
This vision for this project is to create a "community" of businesses in a park-like setting. The buildings
are oriented to face each other - with a loop drive that allows customers to easily find the business they are
seeking. The buildings are of two varieties -
Type 1 - three buildings that total 8,500 s.f. each and contain a full first floor and a partial
mezzanine.
Type 2 - two buildings that total 12,800 s.f. each and contain office space on two full floors.
The architecture of the buildings match - they will use the same materials and features to create a unified
development. A feature at the entrance to the development is yet to be developed, but the owner would like
a signature piece such as a fountain. or flags. or plantings that would welcome visitors to the businesses.
Comprehensive Plan, Zoning and the PUD Process:
The proposed development matches the city's current zoning and comprehensive plan. The B-4 Regional
Business District allows us to have tenants such as an insurance agency, real estate company, or an
employment agency that we see as potential uses for these buildings. Again we feel this development
would help to transition from the retail on the west to the townhomes on the east side of the site. The PUD
Process works perfectly for us, as it allows us to develop multiple buildings on the same parcel. We
believe this project will make a valuable addition to the City of Monticello.
HTG ARCHITECTS 9300 Hennepm Town Road Mpls MN 55347 (952) 278-8880 www.hlg-architects.com
....~
...
ARCH/TECTS
.
Schedule:
The owner would like to start construction on Building 5 as soon as possible (ideally in the late summer of
2007). The other buildings and remainder of the site will come online as leases are signed.
e
.
HTG ARCHITECTS 9300 Hennepin Town Road Mpls MN 55347 (952) 278-8880 www..otg-architects.com
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WSB
e & Associates. [no.
July 31, 2007
Infrastructure I Engineering I Planning. Construction
701 Xenia Avenue South
Su~e 300
Minneapolis. MN 55416
Tel: 763-541-4lJOO
Fax: 763-541-1700
Ms. Kimberly Holien
Northwest Associated Consultants
4800 Olson Memorial Highway
Suite 202
Golden Valley, MN 55422
Re: Plan Review
Quad Development
City of Monticello Planning #2007-018
WSB Project #1627-71
Dear Ms. Holien:
We have reviewed the plans prepared for the Quad Development project dated July 2, 2007 as prepared by
Anderson Engineering of Minnesota, LLC. We would offer the following comments:
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Sheet C I
o The engineers should check the labeling of the easements south of the proposed property line. It
appears that either the easement is drawn on the wrong location or the pipe is drawn on the wrong
location because the pipe does not exist within the easement.
Sheet C2
o The island design that is shown on drawing is narrower than is a city standard. Please take a look at
the city detail plates for an acceptable design standard.
o In the intersection there is a large amount of open pavement area located just west of the entrance.
It may be advisable to extend the curb on one of more of the islands to narrow up the large expanse
of pavement area. It may also be possible that additional parking stalls could be created in this
location to elevate the shortage.
o It may be a good idea to connect the sidewalk system within the property to the pathway located
within the Autumn Ridge Development.
o Please show how the city will access the sanitary sewer manhole located behind building 4.
Sheet C3
o Please show the storm sewer on the grading plan so it is easily identifiable as to where the storm
sewer is located.
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o Consider adding gutters to the roof so that runoff is contained on site. I would be concerned with
runoff from buildings 1, 2, 4 and 5 leaving the site, particularly on the west side.
Minneaoolis I St. Cloud
Equal Opportunity Employer
Letter to Northwest Associated Consultants
Page 2 of 2
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o Currently there is only a 1.2 foot overflow located between buildings 3 and 4. The positive
overflow in this area should be 2-3 feet from the lowest opening.
o Grading is shown behind the property line on the south side of the property. This will need to be
within a slope easement provided by Wal- Mart.
o It does not appear that the area south of the property line is graded to drain to the pond. The
proposed Wal-Mart grading plan should be evaluated to see if this was graded according to
approved plans.
Sheet C4
o There are two water surfaces shown on the east side of the lot. Please verify whether both of these
services are available for use. If one is to remain unused, we may want to have it abandoned or add
a hydrant, depending on the size of the service.
o There is also a water service shown on the west side of the lot. If that water service is available, it
may be preferable to connect the water main to that service to provide some looping from multiple
service locations.
o If these buildings are intended to be sold to individual property owners, you will need to have ..
individual services for each one of the for sale units. This item will need to be clarified prior to .,
construction.
o Provide storm sewer sizes and drainage cales for the proposed design.
o The footing adjacent to the sanitary sewer line will need to be over depth to allow for future
reconstruction of the sanitary sewer system. This will need to be evaluated with the city engineer
but may need to be in the range of 9-10 foot deep from the surface.
Please give me a call at 763-287-7190 if you have any questions or comments regarding this letter.
Sincerely,
~;4~
Bret A. Weiss, PE
Pres ident
BA W/ad
Cc:
Bruce Westby, City of Monticello
Jeff O'Neill, City of Monticello
Angela Schumann, City of Monticello
John Simola, City of Monticello
Philip Elkin, WSB & Associates, Inc.
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wI-
July 31, 2007
MONTICELLO
Ms Kimberly Holien
Northwest Associated Consultants, Inc.
4800 Olson Memorial Highway, Suite 202
Golden Valley, MN 55422
Re: Quad Development Plan Review
City of Monticello Project No. 2007-018
Dear Ms Holien:
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On July 2,2007 the City of Monticello received a preliminary plat / development stage PUD plan
submittal for the above referenced project. Upon receiving these plans the Engineering
Department reviewed them for conformance to the City's Plan Requirements and Design
Guidelines, and as such the following comments are respectfully offered:
General Notes
1. Drainage computations are required with final plans for review by the City.
2. SWPPP information will be required with final construction plans, including any
applicable City standard detail plates.
3. All required City of Monticello standard detail plates will be required in the final
construction plans. Required City plates will be provided to the applicant electronically
upon request.
Plan Sheet C3
I. Proposed retaining walls must be relocated out of drainage and utility easements. Include
proposed top and bottom of wall elevations in plans.
2. Proposed grading occurs outside of the platted property on the south end which will
require an agreement with the adjoining property owner to complete.
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Plan Sheet C4
I. Additional drainage and utility easements may be required to construct the proposed
storm sewer outlet pipe in the southeast corner of the site.
2. All proposed storm sewer pipe sizes need to be shown on final construction plans.
3. All proposed sanitary sewer and watermain pipe materials need to be shown on final
construction plans.
4. An outside drop will be required for the proposed sanitary manhole where the connection
to the existing line occurs.
Monticello City Hall. 505 Walnut Street, Suite I, Monticello, MN 55362-8831. (763) 295-2711. Fax (763) 295-4404
Office of Public Works. 909 Golf Course Rd., Monticello, M"f 55362. (763) 295-3170. Fax (763) 271-3272
Kimberly Holien
July 31,2007
Page 2
5. Include proposed pathway reconstruction limits as necessary adjacent to the proposed
sanitary manhole where the connection to the existing line occurs.
6. All proposed utility service lines to buildings need to be shown on final construction
plans.
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The City's Engineering Consultant, WSB and Associates, may provide additional comments.
Please call me at 763-271-3236 should you have any questions regarding any of the comments
above.
Sincerely,
CITY OF MONTICELLO
~ L \.-'L~
Bruce Westby, P.E.
City Engineer
cc:
Jeff O'Neill, City Administrator
John Simola, Public Works Director
Angela Schumann, Community Development Coordinator
Phillip Elkin, WSB and Associates
Project File
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Planning Commission - 08/07/07
7. Public Hearinl!: - Consideration of a request for Preliminary Plat for the proposed
Rivercitv Station, a commercial plat in a B-3 (Hil!:hwav Business) District. and a
request for rezoninl!: from B-3 (Hil!:hwav Business) to B-4 rRel!:ional Business).
Applicant: Chelsea Road, LLC
The applicant has requested that this item be tabled to the September Planning
Commission meeting.
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Planning Commission Agenda - 08/07/07
8. Public Hearinl! - Consideration of a request for Conditional Use Permit for Open
and Outdoor Storal!:e in a B-3 (Hil!hwav Business) District. Applicant: Olson
Property Manal!ement (AS)
The applicant did not supply a planning application review deposit, which is a
requirement of all planning applications. The applicant is requesting a waiver of
the deposit requirement from the City Council on August 13th. As such, at this
time the application is considered incomplete.
No action is necessary on this item.
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Planning Commission Agenda - 08/07/07
9. Public Rearin!! - Consideration of a reQuest for Replat and Final Plat for First
Minnesota Bank Commercial. a commercial plat in the CCD (Central Community
District). Applicant: 1st Minnesota Bank
Upon detailed review of the plans submitted for this application, it was found that the
proposed plan requires a variance. The applicant has indicated that they would like to
proceed with the variance process, which requires additional notification for public
hearing.
As such, this item, along with the companion variance, will come before the Commission
in September.
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Planning Commission Agenda - 08/07/07
10. Consideration to call for a public hearinl! on the rel!ulation of Group Homes bv
distance is sinl!le familv residential districts. (AS)
At the June 5th Planning Commission meeting, the Commissioners reviewed the
information provided and recommended that the City Council, or Planning
Commission if necessary, call for a public hearing regarding amendment to the
City Code for regulation by distance of group homes in single family residential
neighborhoods.
City Administrator Jeff O'Neill, City Attorney Tom Scott, and Consulting City
Planner Steve Grittman were not in attendance at the meeting. However, each
has input that they would like to share with the Commission prior to publication
of a notice for public hearing. The information is related to the State statutes,
case law, and City ordinances. This information will be presented at the August
7th PI . C .. tin
anmng Omlll1SSI0n mee g.
REFERENCE AND BACKGROUND
Over the past few weeks, City officials and staff members have received a number of
inquiries as to the City's ability to regulate group homes, specifically in single-family
neighborhoods. Below is information pulled from State Statute and other legal
sources regarding the City's authority on this matter.
The City Attorney will obviously need to provide an opinion on this item. However,
after a review of the materials available, it is staff's opinion that the City has only
very liInited control in relationship to regulation of group homes. Minnesota statute's
Municipal Planning Act and the federal Civil Rights ActlFair Housing Act prohibit
discriInination in housing for these types of uses. Additionally, the statute outlines
extensive regulations for group homes themselves, in terms of definition,
permittingllicensing through the County, records, reporting, etc.
Many municipalities have challenged various aspects of both the federal and state
regulations and have not been successful. However, the City of St. Paul was able to
gain some leverage through regulation of the distance between homes. The summary
of that case is included below. After this decision, the state statute was written to
allow cities of the first class to regulate location of group homes by distance in certain
circumstances. Some metro-area cities have, or are, considering passing codes of a
similar nature, even though they are not cities of the first class. This is done with the
assumption that they will be challenged.
The City Attorney has been asked to provide an opinion on the matter as a whole,
feedback on the possibility of Monticello enacting a distance oflocation ordinance,
and the requirement for group homes to follow regulations specific to their district of
location. (For example, by state law, a group home for 6 or fewer persons may be
located in an R-l single-family neighborhood. Are they required to meet all other
applicable zoning designations, including those for parking, etc.?) An update of the
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Planning Commission Agenda - 08/07/07
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attorney's opinion will be made available to the Council and Commission.
SUPPORTING DATA
A. Applicable Minnesota Statutes Information
State law precludes the regulation of certain types of group homes by municipal zoning
ordinances.
Minn. Stat. ~462.357, Subd. 6a, of the Municipal Planning Act
"It is the policy of this state that disabled persons and children should not be excluded by
municipal zoning ordinances or other land use regulations from the benefits of normal
residential surroundings. For the purposes of subdivisions 6a through 9. "person" has
the meaning given in section 245A.02, subdivision I I. "
Minn. Stat. ~462.357, Subd. 7, of the Municipal Planning Act
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"A state licensed residential facility or a housing with services establishment registered
under chapter 144D serving six or fewer persons. a licensed day care facility serving 12
or fewer persons, and a group family day care facility licensed under Minnesota Rules.
parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a
permitted single family residential use of property for the purposes of zoning. except that
a residential facility whose primary purpose is treat juveniles who have violated criminal
statutes relating to sex offenses or have been adjudicated delinquent on the basis of
conduct in violation of criminal statutes relating to sex offenses shall not be considered a
permitted use. "
A licensed day care facility serving 12 or fewer persons and a group family day care
facility licensed under Minnesota Rules to serve 14 or fewer children are additional
categories of group homes that are considered permitted single family residential uses of
property for the purposes of zoning, pursuant to Minn. Stat. ~462.357, Subd. 7 of the
Municipal Planning Act and Minn. Stat. S245A.II, Subd. 2 of the Human Services
Licensing statute.
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In addition, a state licensed residential facility serving from 7 through 16 persons, or a
licensed day care facility serving from 13 through 16 persons shall be considered a
permitted multifamily residential use of property for the purposes of zoning pursuant to
Minn. Stat. S462.357, Subd. 8 of the Municipal Planning Act and Minn. Stat. S245A.II,
Subd. 3, of the Human Services Licensing statute. As to this type of facility, the City
"may require a conditional use permit. .. in order to assure proper maintenance and
operation of a facility, provided that no conditions shall be imposed on the facility which
are more restrictive than those imposed on other conditional uses... of residential
property in the same zones, unless the additional conditions are necessary to protect the
health and safety of the residents of the residential facility..." (Minn. Stat. ~462.357,
Subd. 8, and Minn. Stat.s245A.II, Subd. 3)
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Planning Commission Agenda - 08/07/07
Minn. Stat. ~245All, Subd. 4 of the Human Services Licensing Act
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"In determining when to grant a license, the commissioner shall specifically consider the
population, size, land use plan, availability of community services, and the number and
size of existing licensed residential programs in the town, municipality, or county in
which the applicant seeks to operate a residential program. The commissioner shall not
grant an initial license to any residential program if the residential program will be within
1320 feet ofan existing residential program unless one of the following conditions apply:
(I) the existing residential program is located in a hospital licensed by the commissioner
of health (2) the town, municipality or county zoning authority grants the residential
program a conditional use or special use permit; (3) the program serves six or fewer
persons and is not located in a city of the first class; or (4) the program is foster care."
B. Applicable Federal Statutes Information
The Fair Housing Amendments Act.
The original Act (Title VIII of the Civil Rights Act of 1968,42 U.S.C. SS 3601-3619)
banned, among other things, housing discrimination on the basis of race, color,
religion, and national origin, and provided for a variety of enforcement mechanisms.
The Act was amended in 1974 and again in 1988, The Fair Housing Amendments Act
of 1988 (the "FHAA form the source of the principal restrictions on local control of
group homes. See PL 100-430, 102 Stat. 1619 (1988), 42 U.S.C. 3601, et sea.
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The United States Supreme Court had held in City ofCleburne v. Cleburne Living
Center. Inc., 473 U.S. 432 (1985), that the Equal Protection Clause prohibits a city
from requiring a special use permit for group homes for mentally retarded persons,
when such permits are not required for other similar residential uses.
The Fair Housing Amendments Act made it unlawful for anyone of a number of
covered entities, including local govemments, to discriminate in the sale or rental, or
to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a
handicap.
The Act defines discrimination to include not only traditional discriminatory
practices, but also "refusal to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling." 42 U.S.c. 3604(f)(3)(B).
While localities need not do everything humanly possible to accommodate a disabled
person, the "reasonable accommodation" requirement imposes affirmative duties to
modify local requirements when they discriminate against the handicapped. Liddy v.
Cisneros, 823 F. Supp. 164, 176 (S.D. NY 1993).
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The Act defines handicap as:
(1) a physical or mental impairment which substantially limits one or more of[aJ
person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment.
Although there are exceptions to this definition, including those "whose tenancy
would constitute a direct threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property of others" (42
U.S.C. 3604(f)(9)), and people afflicted with the "current, illegal use of or addiction
to a controlled substance" (42 U.S.C. S 3602(h)), handicap does include people who
take drugs legally, or people who were once, but no longer are, illegal drug users.
United States v. Southern Management Corv., 955 F.2d 914,919-23 (4th Cir. 1992).
C. EXCERPT: Group Homes: Local Control and Relmlation Versus Federal
and State Fair Housm!!: Laws. Ted H. Gathe
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"The deinstitutionalization of persons with mental and physical handicaps has rapidly
occurred throughout the country in the last several decades. This has resulted in a
proliferation of alternate living arrangements commonly referred to as "group
homes". Such homes allow handicapped individuals to live together in a residential
setting with the advantages of a family like structure. For many such individuals,
group living arrangements are beneficial for integrating into society as well as
economically necessary.
The rapid increase of group homes has been controversial. In the past, a number of
municipalities took a "not in my backyard" approach in regulating such housing often
bowing to local neighborhood opposition by restricting their location, placement and
operation. For a variety of reasons including the actions of some local governments,
Congress, in 1988, amended the Fair Housing Act. [Fair Housing Act, 42 U.S.C. S
3601 et seq.J
A. Overview of 1988 Amendments to the Fair Housing Act
The amendments to the Fair Housing Act ("FHAA") prohibit discrimination against
people with disabilities and on account of familial status in public as well as private
housing. The 1988 Act also strengthened existing enforcement mechanisms by
providing HUD with the power to refer cases involving breaches of conciliation
agreements to the Department of Justice.
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In construing the Act, courts have given it broad application in order to prohibit
discriminatory housing practices, and have required "a generous construction. . . in
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Planning Commission Agenda - 08/07/07
order to carry out a policy that Congress considered to be of the highest priority." [
United States v. Columbus Country Club, 915 F.2d 877, 883 (3rd Cir. 1990).]
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It is possible for municipalities to violate the Act in two different areas. First, the
original Fair Housing Act invalidates "any law of a State, a political subdivision, or
any other such jurisdiction that purports to require or permit any action that would be
a discriminatory housing practice under this [Act]." [42 U.S.C. !} 3615.] The Federal
Courts have repeatedly interpreted this provision to prohibit municipal zoning and
land use policies that affect the availability of housing for individuals protected by the
Act. [See, e.g., Metropolitan Housing Dev. Corp. v. Village of Arlington Heights,
558 F.2d 1283 (7th Cir. 1977).] Second, the 1988 Amendments specifically define
discrimination against the handicapped to include "a refusal to make reasonable
accommodations in rules, policies, practices, or services, when such accommodations
may be necessary to afford such person equal opportunity to use and enjoy a
dwelling." [ 42 U.S.C. !} 3604 (f)(3)(B).]
B. Definition of Handicapped
The FHAA adopted the definition of "handicap" used in section 504 of the
Rehabilitation Act of 1973. [See 29 D.S.C. !} 701-794.] "Handicap" with respect to a
person means that such person has a "physical or mental impairment which
substantially limits one or more major life activities; a record of such an impairment;
or is regarded as having such an impairment." [ 24 C.F.R. !} 100.201; see also 42
U.C.S. !} 3602 (h).] "Major life activities" include caring for oneself, walking, seeing,
hearing, speaking, breathing, learning and working. Thus, any person suffering from a
physiological, neurological or mental disorder or disability of any type will be
protected by the Act. This broad application is further expanded by including
individuals who are perceived to be handicapped either by appearance or because of a
history of some impairment covered by the Act.
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C. Application of the FHAA to Zoning and Land Use Regulations
Prior to passage of the FHAA, the Supreme Court had already outlawed overt
discrimination against the handicapped. [See City ofCleburne v. Cleburne Living
Center, 473 U.S. 432, 105 S. Ct. 3249 (1985).] In Clebume, the Court held that a
requirement of a special use permit for group homes for the mentally retarded and not
for any other type of commercial living arrangement such as nursing homes and
boarding houses violated equal protection because there was no rational basis for the
separate requirement. Thus, it would appear that Congress' intent in passing the 1988
Amendments was to provide broader legal protection to handicapped individuals in
addition to prohibiting intentional discrimination.
The legislative history of the FHAA clearly indicates that Congress intended that
municipal land use as well as health and safety regulations comply with its
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provisions. "The Act is intended to prohibit the application of special requirements
through land use regulations, restrictive covenants, and conditional or special use
permits that have the effect oflimiting the ability of such individuals to live in the
residence of their choice in the community." [H.R. Rep. No . 711, 100th Cong., 2d
Sess., reprinted in 1988 U.S.C .C.A.N. 2173, 2185 ("House Report").] What is less
clear is the application of facially neutral laws that may have some effect on the siting
and operation of group homes. An example of this is the exemption in the FHAA
which permits "reasonable. . . restrictions regarding the maximum number of
occupants permitted to occupy a dwelling." [ 42 U.S.C. g 3602(h).] In a recent
decision, however, the U.S. Supreme Court has brought more clarity to this issue.
(See discussion in Section III (B) (I) below.)
Because the Act provides additional protection to the handicapped, their ability to
successfully litigate against what are viewed as restrictive zoning and land use laws
has increased dramatically. Under the FHAA, litigants need not argue that zoning and
land use restrictions fail the rational relation test. Nor are they required to show
discriminatory intent in order to invalidate a challenged ordinance. Such litigants
need only show that restrictions in question discriminate against them because of their
status. Although the language in the Act is somewhat ambiguous, in a series of
decisions, the courts have applied anyone of three tests to scrutinize such regulations.
These include: I) discriminatory intent, 2) discriminatory impact and 3) failure to
make reasonable accommodation.
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In construing municipal regulations challenged under the pre-1988 Fair Housing Act,
the courts frequently included an analysis of such regulations' discriminatory intent
against and discriminatory effect on protected classes. Today, however, under the
FHAA such cases usually find only discriminatory effect because municipalities
rarely enact laws that overtly discriminate against a particular type of use or user.
Case Law Example Excerpt from Article:
In an early reported decision involving group homes under the FHAA, a federal
district court upheld the refusal of the City ofS1. Paul, Minnesota to renew special
use permits for three of plaintiffs group homes, because such homes would violate a
local zoning provision requiring spacing between each facility.
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Familystyle afSt.Paul, Inc. v. City afSt. Paul [Familystyle ofS1. Paul, Inc. v. City of
S1. Paul, 728 F. Supp. 1396 ().] addressed the appropriateness ofa spacing
requirement in a Minnesota statute applicable to facilities which provide residential
services to handicapped individuals. In order to obtain a license for a residential
program, applicants had to comply with several conditions, including a 1,320 foot
spacing requirement between existing residential facilities. These special conditions
were in place to, "effectuate the Minnesota policy of deinstitutionalization of the
mentally ill," and to "allow them the benefits of normal residential surroundings." [Id
. at 1398.] The CityofS1. Paul Zoning Code also provided for the minimum distance
requirement of 1,320 feet between zoning lots for community residential facilities.
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Planning Commission Agenda - 08/07/07
Familystyle, which provided residential living homes for the handicapped, purchased
properties in St. Paul in order to operate new facilities. However, three of its permits
were denied on the grounds that the facilities did not meet the 1,320 foot spacing
requirement of the zoning code. On appeal to the Planning Commission, FamiIystyle
argued that the spacing requirement had the effect of reducing the number of
residents it could house, limiting a handicapped person's choice of where to live, and
thus was invalid as a discriminatory housing practice under section 3615 of the
FHAA.
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In response, the City denied the charge and asserted that federal, state, and city laws
all had the same purpose, i.e. increasing the housing options available to all
handicapped people by integrating them into the mainstream of the community,
through a policy of deinstitutionalization. The City further argued that, even if
spacing requirements were discriminatory, they were valid because handicapped
people are not a "suspect class" under Cleburne v. Cleburne Living Center; [ 473 U.S.
432 (1985).] and second, that even under strict scrutiny, the policy of
deinstitutionalization and prevention of "ghettoization" is a compelling government
interest which is narrowly tailored to achieve its ends through zoning dispersal.
The court agreed with the City. In its holding, the court explained that, "[t]here is a
significant difference between laws which directly regulate individuals and laws
which regulate institutions." It explained:
Surely the Congress intended states to maintain some control over such facilities. The
spacing requirements are a part of Minnesota's licensing process and the zoning code
[ofSt. Paul] builds on those requirements in implementing its system. Because the
handicapped are not directly prohibited from residing at these residences, and because
states must maintain some authority over such institutions, the state and local laws are
not "preempted" by section 3615. [ Id. at 1401.]
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Next, the court analyzed the spacing requirement to determine whether it had a
discriminatory effect within the meaning of Title VIII and the equal protection clause
of the Constitution. In holding that the spacing requirement was not discriminatory
under a rational basis standard of scrutiny, the court concluded that because the
Attorney General, the Legislature, the courts, Congress and the state of Minnesota
had all promoted the policy of integration of the handicapped into the mainstream of
the community, St. Paul's dispersion requirement was not discriminatory. In finding
that dispersal furthers a compelling government interest, the court reasoned,
Forcing new residential facilities to locate at a distance from other facilities by its
very terms prevents the clustering of homes which could lead the mentally ill to
cloister themselves and not interact with the community mainstream. Because the
state and local laws prohibit this clustering effect, they do further the goal of
integrating the handicapped into the community. [ Id. at 1404.]
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Planning Commission Agenda - 08/07/07
.
Last, the court was unwilling to find that a distance requirement ofless than 1,320
feet would be a less drastic means of attaining the policy of deinstitutionalization,
thereby finding the city zoning law narrowly drawn to promote a compelling
government interest.
On appeal, the Eighth Circuit affirmed the district courts findings that the challenged
state laws and local ordinances were not preempted by the FHAA. It noted that,
"Congress did not intend to abrogate a state's power to determine how facilities for
the mentally ill must meet licensing standards," and that, "the challenged state laws
and city ordinance do not affect or prohibit a retarded or mentally ill person from
purchasing, renting, or occupying a private residence or dwelling." [ 923 F.2d 94.J
Conclusions of article excerpt:
In interpreting the Fair Housing Act, it is clear that the federal judiciary including the
Supreme Court will not tolerate restrictive definitions of "family" masked as
maximum occupancy limitations, where they actually serve to define who constitutes
a family, rather than to cap the number of individuals per dwelling in the interest of
public safety.
.
Additionally, the courts have generally prohibited licensing and registration schemes
on the basis that the permitting process has been misused by prejudicially denying
permits to build and locate group homes in residential neighborhoods. Licensing
requirements have been found to violate the rights of handicapped individuals to
"reasonable accommodations" in zoning practices. However, conditional use permits
issued not to discriminate against the handicapped, but to protect their safety as well
as the safety of the community in general, may be valid in situations where
handicapped individuals with well defined special needs require adequate
supervision, and a condition of the issuance of the permit is the assurance of that
adequate oversight.
Dispersion or spacing requirements once seen as one possible remaining method of
municipal land use regulations in this area are also unlikely to be upheld by the courts
despite the acknowledged importance of community integration of the handicapped.
Good public policy, however, dictates that legitimate state and local government
regulations, when performed in the name of public health, safety and community
welfare, should not be preempted by the Fair Housing Act. Unreasonable government
actions born out of outmoded stereotypes against the disabled, disguised as legitimate
land use regulations, will be suspect and will not pass the constitutional and statutory
standards prohibiting discrimination."
.
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