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Planning Commission Agenda 09-03-2002 . . . AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday - September 3, 2002 7:00 P.M. Members: Council Liaison: Staff: Dick Frie, Robbie Smith, Richard Carlson, Rod Dragsten and Lloyd Hilgart Clint Herbst Jeff O'Neill, fred Patch, John Glomski and Steve Grittman I . Call to order. 2. Approval of the minutes of the regular Planning Commission meeting held August 6, 2002. 3. Consideration of adding items to the agenda. 4. Citizens comments. 5. Public Hearing - Consideration of a request f()f variance allowing a re-subdivision of Lot I, Block 3 and Outlot A, Groveland 2nd Addition to create two buildable rarcels. Applicant: Ocello, LLC 6. Public Ilearing - Consideration of an amendment to a Planned Unit Oevelorment allowing expansion of auto sales and display area on an interim basis. Applicant: Dave Peterson Ford 7. Public Hearing - Consideration of a request for a zoning mar amendment re-zoning a rarcel from 1-2, heavy industrial to one or a combination of the f()llowing districts: 8-4, B-3, B-2. and 1-1 A. Applicant: Planning Commission, City of Monticello 8. Update regarding consideration of a request to rezone land from R-3, Multirle Family Residential to pun, Planned Unit Development to accommodate a recreation center and commercial development. 9. Review new owner's plan IiJr consistency with original approved PlJD. Fonner Montissippi Trail Townhomes, now Timber Ridge. 10. Consideration of calling for a public hearing on temporary sign regulations as they pertain to multi-tenant commercial develorments. 11. Review sketch rlan for quad home develorment at current site of the West Side Market. 12. Adjourn -1- . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday - August 6, 2002 7:00 P.M. Members Present: Dick Frie, Richard Carlson, Rod Dragsten and Lloyd Hilgart Robbie Smith and Council Liaison Clint Herbst arrived at 7:05 p.m. Staff: .lefT O'Neill, Fred Patch, John Glomski and Steve Grittman 1. Call to order. Chair rrie called the meeting to order at 7 PM and declared a quorum. 2. Approval of the minutes of the relllllar Planning Commission meeting held Julv 2, 2002 and the Special PlannilH'!' Commission meeting held Julv 22. 2002. A MOTION WAS MADE BY RICHARD CARLSON TO APPROVE THE MINUTES Or THE PLANNING COMMISSION MEETING FOR JUL Y 2.2002. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. A MOTION WAS MADE BY ROD DRAGSTEN TO APPROVE THE MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING FOR JUL Y 22. 2002. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. " .J. Consideration of adding items to the <H!enda. Jeff O'Neill asked to update the Planning Commission on the CMHP planned unit development. This was placed as item 12 on the agenda. Jeff O'Neill also asked to provide information on the upcoming State Planning Conference. This "vas placed as item 13 on the agenda. 4. Citizens comments. None 5. Public IIearinQ - Consideration of a preliminarv Plat for the Monticello Commerce Center 6th Addition. Annlicant: rvlonticello Industrial Park. Inc. JeffO'NcilL Deputy City Administrator. provided the staff report regarding this two lot plat that will housc two industries, Production Stamping and Ultra Machine Corporation. advising they anticipate completion in the Fall and Spring. The lots meet and exceed the minimum standards and there are no public improvements proposed. O'Neill advised that staff recommcnds to approve the preliminary plat. and forward on to the City Council fi)f both preliminary and final plat stages. He stated the site plan reviews would come -1- . . . Plann ing ('om III ission Minutes - 08/06/02 before the Planning Commission only if any variances or conditional uses are necessary, but he docs not fi:m:see that happening. Chair Frie opened the Public Hearing. Hearing no response, the public hearing was then closed. Frie agreed that this plat meets the minimum standards. A MOTION WAS MADE BY DICK FRIE TO RECOMMEND APPROVAL OF THE PRELIMINAR Y PLAT FOR THE MONTICELLO COMMERCE CENTER 6rJ1 ADDITION. MOTION CONTINGENT ON FINAL REVIEW BY THE CITY ENGINEER. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 6. Public HearinQ - Consideration of an amendment to the zoning map to re-zone from R-3 to a PUD district allO\vinQ a mix of sports facilities and commercial facilitv: and Consideration of a concept staQe planned unit development. ADplicant: Silver Creek Real Estate DeveloDmenL Ltd. LLC and The City of Monticello Steve Grittman, City Planner. provided the statl report regarding the applicant's request for rezoning of this site to accolnmodate a mixed use development consisting of a recreation center and a future commercial site. Grittrnan advised the site \voldd consist of a "bubble" covered soccer field and an indoor ice arena with approximately 600 seats and advised of parking patterns ti:)r this site. The City has also planned to construct a storm water holding pond on the easterly :2 acres. Primary impacts on the neighborhood would be at peek use times during varsity highschool hockey games or weekend tournaments. stating the majority would be low impact as teams are coming and going from practices. Grittman advised that the City would need to consider how the impacts on the neighborhood might be mitigated. He stated increased landscape density would help with screening. stating parking lot lighting and headlights may create the most annoyance, Grittman advised that the architect has relayed some comments to address this as well. . He also told the commissioners that he does not believe that Co. Rd 39 would be allowable by the County as an access and they also relayed this to the architect. Grittman stated the main traflic would be along T" Street. exposure would be to the freeway, and there may not be a lot of room to do expansive greenspace so they would have to work within the nalTO\\ spaces to create a huffer zone. It was also advised that JI" Street is a collector stret.?t. It was noted that staff docs not have a site plan for the commercial area at this time and that the developer had talked about putting the commercial site at the corner of Co. Rd. 39 and 7111 Street initially. Dragstcn asked what would be allowable on this site if it remained R-3 and Grittman advised it could be a 3 story. multiple dwelling with up to :250 to 300 units. Smith asked O'Neill if there was a time line for the extension of 71" Street and he stated he believed the City Council felt this was a priority and had asked for -2- . Planning COlllmission Minutes - 08/06/02 a feasibility study. O'Neill added that this could possibly be over a 3 year time period. Smith also asked about access in and out on Co. Rd. 39 and had it been looked at by the County. Grittman stated it had not. Smith also asked about the speed of traffic on Co. Rd. 39 being a problem and would this create more, and if so could it be reduced. Grittman stated that the County would have to handle that issue and they possibly would conduct a speed study. . Chair Frie opened the public hearing. Joan Larson, 11 Sandt rap Circle, stated after speaking with her neighbors she had started a petition opposing the rezoning. She questioned what happens to the zoning if the project does not move forward. Grittman advised her that zoning action is an ordinance, but that the City Council could choose to change it at any time. lie also explained PUD zoning, and advised that any development would have to get specific Council approval with a PUD. Larson then asked if the project docs not go forward, would the developer then be able to do whatever they wanted on that site. O'Neill stated the tinal terms and arrangements have not been done and the City will hold the land until the project is actually going to be what the developer said it was to be. Frie advised that only the request for re-zoning would go to the City Council on August 12th. stating that this is just the first step of the process. It was also advised that there would be a public hearing for future steps. Herbst again advised of PUD loning and if this project went forward they would look at commercial zoning at that timc. He also stated that if the project did not go forward a new developer could come in with a residential proposal. Grittman stated that residential is allowable in a PUD. and stated that the advantage is that the City owns the property and will have the ultimate power to review whatever de\-e!opment comcs in. Larson also commented that she felt that the lIigh School would be a better site for the project and it doesn't seem feasible to try to tit that much property onto that small of a piece of land. She added they were not opposed to hockey or soccer. only where it goes. Kara Albrecht. 23 Fairway Dr.. stated she had issues such as lighting, tranic. noise, and that she is concerned about resale of housing in that area if this were built. She also asked about hours of operation and on-street parking, which she felt would cause littering and loitcring, Albrecht added a concern that there would be no buffer bet\veen the commercial and residential and kit that R- 3 is more appropriate. She asked about the initial construction process being most likely in several phases and what \vould the time line be, stating that housing typically goes up l~lirly quickly and is not as disruptive. She also felt there \vas not enoud1 area for adetluate screening. ~ ~ . Cindy Ndson, 8 Cenler Circle. also stated she is against the placement of the bcility at this site. but not against the facility itself and also felt it would be better located by the schools. She states her children are il1\'olved in hockey and parking is an issue at these types of I~lcilities. She added that practices can start as early as 5 a,m. and go as late as 11 p.m. on \\eck nights and \\eekends. and also stated that they have never dri \cn into neighborhoods to park at any of the other facilities. Nelson also felt the bcility would be -3- Planning Commission Minutes - 08/06/02 . bdter placed either in a commercial area or school district area. She strongly supports this facility. but not in this area. Frie asked Mrs. Nelson if she was a member of the Hockey Association and she stated she has been in the past. Frie explained that the Hockey Association had decided on this site, even with the possible detriments. Herbst asked Grittman about headlight concerns if the site remained R-3 and Grittman stated it would be the same issue and would have to be addressed. Grittman also advised that the previous concept plan was the one issued in the paper and that the applicant has now flipped their proposal and that is why it is different than what was in the paper. Resident, 7 Sandtrap Circle, stated she is pro facility, but not at this site. Noise and parking will bc an issue, especially parking on the street in the winter. She also pointed out the drainage field and the future water needs for the facility. noting that we currently have a watering ban. She questioned if the City would need a new tower and Herbst stated they arc studying that. . Brad Klatt, I J Sandtrap Circle, stated he had concerns with increased traffic on 7th Street also and kit that this should be addressed first. Also stated here are a number of small chi Idren and traffic speed is a concern. He noted this area consists of a group of cul-de- sacs with little tratTic and that was a main consideration when he purchased in that area. lie asked f(x an explanation of R-I and R-2 zoning and Grittman advised. Klatt had a concern why this site hadn't been lotted out into an R-I or R-2 in the past. He also asked about taxes increasing due to this facility. Bill Grigsby. 9 Sandtrap Circle. stated that this proposal would be right in his back yard. Does not think this is the appropriate site for this facility, traffic is a concern already and also qucstioned the drainage area that is necessary. Jack Nelson. 8 Center Circle, stated he thought that when the High School was planned that there was an area set aside for an ice arena. He is also concerned with tratlic and . safety concerns when turning off Co. Rd. 39. Randy Paumen. 15 Sandtrap Circle. stated he has a concern regarding noise. They picked this area also because of the cul-de-sacs. Feels also the school would be a better site. better parking as welL and felt that they should look at other communities to see what they are doing. Ill' asked Frie about the completion of Jlh Street and Frie advised that \vas a City Council decision and that they have had a lot of dialogue on the subject and would be better ahle to <lns\\'Cr that question. . Chuck Friberg. RSVP Architecture, representing the hockey association. advised that there is not a developer il1\olvcd in this project at this time. Silver Creek Real Estate came in and offered ll) build and lease back the fllCility to the Hockey Assol:iation. lie also advised the reason why the Association was asked to come up with $400,000, and that -4- Planning Commission Minutes - 08/06/02 . along with other dollars from sponsors, ice time rentals. etc., would ensure payback. He added that this is being looked at as a business. The site location was chosen because the City offered the property at no cost to the Hockey Association. and later the Soccer Association came in and wanted land, which is when Silver Creek became involved. He added that an advantage to having a facility in Monticello would be eliminating drive time for parents, and the players can play at home. He stated they have worked with Grittman on interior sidewalks, berms, access, and screening. He stated there would be 600 seats in the arena and approximately 200 cars on any given weekend for a game, but also felt that if residences were built on that site, the traffic would increase greatly. Chair Frie then closed the public hearing. O'Neill clarified that this type of facility was allowed by conditional use permit in the R-3 zone, and if a commercial site was not part of the plan it would still be allowed by conditional use permit. The idea of a PUD was to accommodate the commercial site. Also, regarding the drainage area he stated there is about 3/4 of an acre needed on that site tor drainage. He also advised that Th Street has always been in the comp plan to connect with Co. Rd. 39 allowing circulation across the freeway and that eventually it would become a busy road regardless. . Hilgart asked what land is available at the High School and O'Neill stated none that is under the control of the City, but does not knmv how much the school district has. Hilgart stated that possibly if the City wanted to give land up they could sell the land and use the money to purchase land by the school, adding that he also felt it should be by the schools. Dragstcn added that the thought that the hockey arena vvould add traffic issues with approximately 200 cars would actually be less than if an apartment unit were placed there as that could be up to 500 cars everyday with an average of 5 trips to and from per day. He also felt that regardless if the hockey arena goes flxward, 7th Street will go through and there could be a commercial site as well. He felt this was a good LIse of the land. Exiting onto Co. Rd. 39 would give an additional exit: and in regard to (m-street parking, Dragsten felt the plan would not be approved if it did not accommodate for parking. Carlson reiterated that 71h Street will go through regardless. In regard to current zoning, the hours of operation tor a hockey arena would be set. and there are no set hours for apartments, with traffic 24 hours a day. He is leaning toward investigating other possible sites, whether it's by the school or another site. he would like to make an effort to see other options and make a recommendation based on that. . Smith asked if Larson initiated the petition and she stated yes, but only after talking with neighbors. He asked her if she had also talked to the neighbors about the alternative of what could go on that site and she stated she had. She also stated they do not want low income housing or apartments. Smith then asked the residents if they felt it would be hetter to have an apartment on that site. Smith ackkd that he felt this is a great concept riJr the City but he also understands the concerns of the neighbors in this location. He also ~5- Planning Commission Minutes - 08/06/02 . felt that it was great that the City was offering land. Frie stated that initially they had looked at approximately three other sites and asked O'Neill how they ended up at this location, other than the land at no cost. O'Neill stated a number of factors. With regard to R-3 zoning, it was felt that this would be less impact on the neighborhood than R-3 uses; there would be extensive screening and buHering; they would have direct access to 71h Street since it will be a busy street anyway, and the tradeoffs were neutral. The visibility of an arena at that location also was a positive reflection on the community, as well as self advertising. With the presence of Chelsea Road on the south side, this would allow people to bypass the downtown area and would mitigate some of the traffic on 7lh Street. They also felt that closeness to the downtown area may help in redevelopment of that area, with traffic being forced to come past those businesses. O'Neill also stated there had been meetings with the school but there did not seem to be as much support. There is also a 5 acre piece of City owned property, but this may no longer be available. He noted several other sites but these did not seem to support the redevelopment efforts of the City and their goal to keep them closer to the downtown area. . Herbst added that he kit that this proposal would be less of an impact than R-3 zoning. Frie also stated that they do not support spot zoning and that this property is already zoned residential. He advised that the residents on 6th Street and Minnesota Street are upset about trafJic in that area as well and agreed that the City, possibly along with Silver Creek Real Estate and the Country Club. would need to propose how they would alleviate the traffic in that area. O'Neill addressed spot zoning and stated that the commercial side of this proposal would really be an extension of this site. The public uses would be allowable and he did not agree that this would be spot zoning, but rather a blending of zoning from commercial into public use. Frie also advised that this site has not been a great site in that it has not brought anyone in to develop it. adding it has not been a lucrative opportunity. It \vas also stated that there has not been interest in single family or 2 family development. but there has been significant interest in multiple family, high density housing which the City has not accepted. Carlson also added that R-I or R-2 would not be supported. The City has actively pursued development of this property, but proposals have only been for high density, subsidized housing. The City does market this site and hear from interested developers. There was no further discussion. . A MOTION WAS MADE BY DICK FRIE TO TABLE ACTION AND PURSUE OPPORTUNITIES FOR OTHER AVAILABLE SITES. WITH CONTINUED SUPPORT TO PROCEED WITH THE PROPOSAL AS INTENDED. BASED ON THE CONCERNS BY ABUTTING RESIDENTS REGARDING THE ISSUES STATED ABOVE. RICHARD CARLSON SECONDED T1-IE MOTION. -6- . . . Planning Commission Minutes - 08/06/02 The Planning Commission agreed to looking into other options, but also stressed the alternative which may not be as desirable. It was also advised that if this project proceeds there would be another public hearing held. THERE BEING NO FURTHER DISCUSSION. MOTION CARRIED UNANIMOUSL Y. 7. Public I-Iearim~ - Consideration of a request for conditional use permit allowinQ installation of rooftop telecommunications site. Applicant: Steve Johnson and Voicestream Wireless Corporation John Glomski, Planning Technician, provided the report describing the applicant's request along with a drawing describing the unit and advised that there was a representative present to explain further. Glomski stated the applicant would install a picket fence for screening and paint the structure similar to the building. The Design Advisory 'ream did review and recommend approval, but they proposed an alternative location fi)f the ladder. DA T also questioned if the unit could be placed further back on the building. Fred Patch. Building Official. advised that the ladder is on the west side of the building and is vertical with a closure that can be locked and not accessed by children. Patch also advised that the Building Official has t~e authority to deny this type of ladder and request a "ships" ladder be installed instead. Patch added that another possible concern is that if the ladder is placed on the west side of the building it might be over the property line. which will need to be determined. Chair Frie opened the public hearing, and hearing no response the public hearing was closed. Carlson questioned hoY'v far back the unit could go, was it required to be placed at that spot. and stated he preferred it be as br back as possible. Glomski stated City code states they must meet setbacks, but there are no setback standards in the CCD. Steve Katkov. representative for the applicant, advised that the equipment is placed as close to Broadway as the roof will accommodate because of the physics of the air frequency, stating this seems to be middle ground. Katkov also noted the site is already of limited. utility and they would prefer it be taller. He also addressed the issue of a vertical ladder versus a ships ladder and stated typically they do build ships ladder and will accommodate what the Building Official requests. Frie asked if there \vas flexibility in placement of the unit. ifit would have an influence on function, and Katkov stated yes in regard to radio frequcncy. Katkov advised that this will not affect any other frequencies in town and that the State regulates this and has sti ff penalties if interfen:nce occurs. Katko\ also advised that they could not get the coverage they need if they used the tower at the east end of town. Patch complimented Katkov on his work and the quality in meeting the intent of the purpose of the ordinance. Frie asked if the equipment at that height needed any illumination and Katkov stated not if it is bekH\" 200 ft.. \vhich it is. - 7- . . . Planning Commission Minutes - 08/06/02 A MUrION WAS MADE BY ROBBIE SMITH TO RECOMMEND APPROVAL OF TI-IE CONDITIONAL lJSE PERMIT ALLOWING VOICESTREAM MINNEAPOLIS, INC. TO INSTALL A TELECOMMUNICATION ANTENNA ON THE ROOF OF THE BUILDING LOCATED AT 121 W. BROADWAY, SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT Z. BASED ON A FINDING THAT IT IS IN COMPLIANCE WITH THE OBJECTIVES OF THE ORDINANCE. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 8. Public HearinL': ~ Consideration of a concept staQe planned unit development to allow for ex ansion of a drive-in bankinn facilit and coordinated commercial develo ment within the Central Communitv District. Applicant: Wells FarL':o Bank, N.A. leffO'Neill, Deputy City Administrator, presentcd thc report summarizing a proposed dcvelopmcnt involving the Wells Fargo Bank and the current Library site. He stated there were issues with parking on the Towne Centre site which are being taken eare of, and that this proposal has received a great deal of input. I-Ie added that the proposed addition could be completed in approximately one year. The retail site would be sold to a developer hut they havc no plans at this time. After looking at various uses and demands of parking, O'Neill advised that the City Planner determined that there is ample parking, stating that if there is joint parking the required parking can be reduced. Wells Fargo is going to allow joint parking and cross easements and it will be open to the public in one area. He again stated that the parking looks to be sufficient and there will be sufficient stacking in the drive-through area. The Design Advisory Team reviewed the proposal and felt comJ'()ftablc with the plan. O'Neill stated there would be head-in parking on Walnut Street. there is a sidewalk along Highway 25 and on Walnut. but there is no sidewalk connection to 4tl1 Street at this time and DA T advised that this should be included as a condition of the approval. Patch stated OAT was anxious to see final landscape plans as wclL hut it was noted that this will come at a later time. Carlson asked if there was a potential lor the drive-through coming in off 4111 Street as well and it was stated that it could, however Walnut Street \vOllld be a more inviting entrancc and a little casier accessed, and would split up the entrance tranic. Patch advised that thcre was a lot of discussion regarding stacking and they will be going from 4 to 8 c1ri\\~-through lanes and relocating the ATM machine. Frie was in agreement with the relocation due to traffic stacking up on 4111 Street. and added that this would provide development of Towne Centre with more parking available. It was also advised that oak trees will he preserved on Walnut Street and staff is working with Silver Creek Real Estate as \vell. Smith asked ahout the exchan!!e between Wells Fargo and the Citv and ~ '-. O'Neill statl.:d that thne are quite a Ihv terms being discussed. and the City Council has asked stalTto look at doubling the size of the existing Marquette building for the Library. He stated that the last proposal by the Council to Wells Fargo was to advise on (kvelopmcnt ofthcir current site. Patch added that there was a concern hy the Council of a loss of tax hase and with the redevelopment of the existing Library area \vith retail -8- . . . Planning Commission Minutes - 08/06/02 would increase the tax base stating no loss of taxes to the City. Wells Fargo would be obligated to pay taxes on the current Marquette Bank building for approximately 2 years as well. It was also advised that Wells Fargo is considering potentially dedicating parking an:a to the right of the drive up area to the City for public parking. and noted that if the Library moved to the Marquette building that would also add more parking at that site. Chair Frie opened the public hearing. and hearing no response thc public hearing was closed. 'fhere was no further discussion. A MOTION WAS MADE BY ROD DRAGSTEN TO RECOMMEND APPROVAL OF A DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT. MOTION SUBJECT TO THE CONDITION THAT A SIDEWALK BE INSTALLED AT HIGI IW A Y 25 AND FOURTH STREET. MOTION BASED ON THE FINDING THAT THE COMMERCIAL PLANNED UNIT DEVELOPMENT IS CONSISTENT WITH THE COMPREIIENSIVE PLAN AND CONSISTENT WITH THE CHARACTER OF THE W ALNUl STREET CORRIDOR. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 9. Consideration of adoption of amendments to the Comprchensiw Plan. Steve Grittman, City Planner. provided the report and stated that rapid growth had led to this update and feels this plan will get a land use pattern in use so that engineers can make calculations for long term planning. He advised of a number of meetings and \vorkshops that were held and many comments were received from interested people. Grittman advised of comments received that should be considered by the Planning Commission including limits of grovvth to the east and southeast. inclusion of the Urban !'vI ixed li se designation in the southeast and southwest areas. discussion of industrial uses in the Gold Nugget area, provision of buffer open space along major highway corridors. discussion of allowable industrial uses in the west area. provision of other industrial land designation in the Highway 25 corridor. and j(JCusing on the interchange recommendation for Orchard Road. Grittman advised that there had been quite a bit of discussion initially regarding the prnvision of buffer open space along major highway corridors and advised that this should be looked at as well as industrial land designation. There is a land use pattern designakd in the new map and they are also looking at the focus to the northwest area and the need for access to the interstate. Grittman advised that they are trying to avoid industrial de\'e1opment in the Higlnvay 25 corridor due to congestion with truck traffic and retail traffic, and encouraging it to the \vest. Grittman telt that the City would be better oIl investing in infrastructure \"C!"sus an industrial park as the City has limited ~lceess tl) interstate. There \vOltld be an increase in property value in that area which would payoff the infrastructure development. -9- Planning Commission Minutes - 08/06/02 . Chair hie openeu lhe public hearing. April Stuuer. Chamber of Commerce representative, advised that there has been a lot of discussion by business owners that the corridor on Hwy 25 is a prime retail spot. and they suggested possibly going south on Hwy 25 for a distance, then latcrally which would be a good area for retail and commercial. It was clarified that they were not suggesting to take any industrial land out just not having a half mile of green space. Susie Wojchouski, Chamber of Commerce Director, also clarified their concern to keep an area for retail potential. Smith asked about their thoughts on industrial land availablc and Studer advised that if the City was looking at putting in infrastructure they felt that would be a good direction to go. Wojchouski added that access was also important and felt that would be a good route as well. They liked the idea of more commercial also. . Chair Frie then closed the public hearing. Dragsten stated some of the comments seemed to state industrial was a more immediate need, not a future need, and wondered if this was the direction versus the Chadwick land. O'Neill stated it would depend on the annexation question which they may not know until sometime in September. and that the Chadwick parcel is immediate. Retail could be allovvcd in that area if desired, with industrial on the other side whieh was proposed for manufacturing as well. But the discussion was that by allowing retail in that area would delcte some of the industrial land, but also if it is the best use of the land, they felt that should be their direction. It was stated the net acreage is approx 90+ acres and O'Neill added that the Gold Nugget piece could also be looked at. If IVIOAA is victorious, that opens up the whole area for industrial. I Ie also added marketabi lity stating that land is tied up with owners v.ho arc asking a large amount of" money for their sites. Frie stated he liked that the comprehensive plan is intended to supplement. He also felt that everyone has had the opportunity to comment on the plan and they have given a great deal of input and feels comfortable in advancing the plan to the City Council. keeping in mind that the Planning Commission can review this a year from now, based on results of the courts. The Chamber representatives were in agreement as well. Frie also stated the comp plan has to be Ilexible. Carlson added that he felt Co. Rd. 118, when the freeway is completed, will explode in retail/commercial and Grittman agreed and stated there is land designated to the south of the tj'eeway as well. O'Neill noted other sites available for commercial use on the south side of Hwy 25, feeling they are ready for the big box users. I Ierbst agreed with tht: Planning Commission and staff ancl that the comp plan can be Ikxible. Frit: askt:d abnut tht: tvlnDOT project ~ast of to\"I1. regarding the Bruggeman property. and O'Neill advised that there is a meeting coming up on August] 5th at 10:00 a.m. at City Hall. . A MOTION WAS I\I.\DF BY RIO-lARD CARLSON TO RECOMMEND APPROVAL OF THE COMPREI IFNSIVE PLAN AMENDMENT, BASED ON A FINDING THAT -10- Planning Commission Minutes - 08/06/02 . LAND USE PLANNING FOR THE EXTRA-TERRITORIAL AREAS NEEDS TO BE ADDRESSED PRIOR TO THE CONSUMPTION OF THE CITY'S AVAILABLE DEVELOPMENT LAND. ROD DRAGSTEN SECONDED THE MOTION. There was further discussion by O'Neill stating they will provide this report, as well as all other information to date, to the City Council for their review. The public will be able to speak at that time as well. Frie asked if we are holding developers off by not acting on this. Dragsten asked if this would be coming back in October iflegal matters are not resolved. O'Neill stated the Planning Commission could review this at any time on their own, possibly on a regular basis. He also added that Planning Commission could motion to recommend the City Council move forward on the Orchard Road completion. Frie stated that Clint Herbst, Council Liaison, could bring that to the City Council. Herbst added that he agreed with Grittman that if we want to have land available or add infrastructure, We should look at that to be able to bring developers in. It was asked if the Planning Commission would like to designate dollars to add infrastructure. Herbst questioned whieh the Planning Commission wanted to do, infrastructure or purchase industrial land. . Chair Frie then amended his motion to designate money for infrastructure. He then rescinded his amendment. Cirittman stated that they would look at this as a follow-up and possibly staff could gi\'e a strategic outline to compare on all items. He added that the Planning Commission could direct staff to weigh the options regarding the value of adding infrastructure \'ersus the purchasing of industrial land. There was no further discussion. MOTION CARRrr::D UNANIMOUSL Y. A MOTION WAS MADE BY ROD DRAGSTEN TO DIRECT STAFF TO CONSIDER OPTIONS ALONG THE HIGHWAY 25 CORRIDORS AND ORCHARD ROAD. RICIIARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. In. Consideration to adont a resolution findinQ that a modification to the Redevelopment Plan fl.)r Central Monticello Redevelopment Project No.1 and the TIF Plan for TIF District No. 1-3 I COnlllrlll to the !.!eneral plans for the developmcnt and redevelopment of thc citv. Jeff (rN~ill provided a brief summary regarding the above requcst. Chair Frie asked abolll jobs and wages \\hich were not included in the report and it was noted that these were not available at the time the agenda \vas prepared. Dragsten asked for c1arilication on pay as you go linancing and both Grittman and O"Neill advised. . A MOTION WAS MADE BY ROBBIE SMITH TO ADOPT A RESOLUTION -11- . . . Planning Commission Minutes - 08/06/02 FIND[NG Tl [AT A MODIFICATION TO T1IE REDEVELOPMENT PLAN FOR CENTHAL MONTICELLO REDEVELOPMENT PROJECT NO, I AND THE TIF PLAN FOR T[ F D[STR[CT NO, 1-31 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. LLOYD HILGART SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. 11. Consideration to adont a resolution findil1!.! that a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No, 1 and the TIF Plan for TIF District No, 1-32 conform to the general plans for the development and redevelopment of the city, JefT (),Neill provided a brief summary regarding the above request There was discussion regarding the wages and jobs, and the Planning Commission stated they were comfortable with them, A MOTION WAS MADE BY ROD DRAGSTEN TO ADOPT A RESOLUTION FIND[NG TI [AT ^ MODIl:[CAT[ON TO THE REDEVELOPMENT PLAN FOR CENTRAL MONT[CELLO REDEVELOPMENT PROJECT NO, 1 AND THE TIF PLAN FOR T[F DISTR[CT NO, 1-32 CONFORM TO THE GENERAL PLANS FOR TilE DEVELOPMENT AND REDEVELOPMENT OF THE CITY, RICHARD CARLSON SECONDI':D THE MOTION, MOTION CARRIED UNANIMOUSL Y. 12. Update reL!arding the Central Minnesota 1-l0usinL! Partnership proposaL O'Neill advised that the numbers were not coming in very positive and that the project sho\vs that it is not financially feasible as the per unit cost is rising to $126.000 to $12X.OOO per L1nit which takes them out of eligibility, They arc trying to find funds to help bring the cost do\\n, O'Neill advised of options such as the City reducing land cost. etc., to bring the cost (loser to the $126,000 range. Staff has asked Mike Cyr. MLC Building and Remolkling. to give them a cost estimate and advise if it would be feasible for him to take on the proj('ct with changes in housing style, eyr will be providing this information ll) staff and O"Neill added that staff needs to advise CMHP as soon as possible. O'Neill stated also that when he gets information ha(k from Cyr it may be necessary f()r the Planning Commission to hold a public hearing prior to the August 12th City Council meeting. [II: also stalL'd that staff has asked Cyr for a reconfigured site with a similar layout. and IWI11('s that would meet standards ot'at least 100S sq. ft. with basements. O'Neill stated Ihe hest way to proceed \vould be to call for the special meeting now, and if it is t(nllld that it is not needed. the meeting can be canceled, C)'N('ill statl..'d thaI ('1\IIIP needs to move fll\'\\ard l)r they may have to back out of the project. [Ie then added that CMI[P may ask the City to purchase properties Irom them. -12- . . . Planning Commission Minutes - 08/06/02 although it was noted that the City would not have to do this. CMHP was approved for TI F assistance from the I-IRA for single family units, not attached, but also that Ollie Koropchak had advised that this could be amended if necessary. A MOTION WAS MADE BY RICHARD CARLSON TO CALL FOR A SPECIAL MEETING FOR AUGUST 12, 2002 AT 6:00 PM TO CONSIDER AN AMENDMENT TO T/-IE CENTRAL MINNESOTA HOUSlNG PARTNERSHIP'S RESIDENTIAL PLANNED UNIT DEVELOPMENT. LLOYD HILGART SECONDED TIlE MOTION. MOTION CARRIED UNANIMOUSL Y. Robbie Smith advised that he would not be available to attend the special meeting. 13. Plannine Conference O'Neill advised that the State Planning conference is scheduled for September II _ 13 in Minneapolis and that there were many good workshops planned. Frie asked that inf(mnation be sent to all the members and O'Neill advised them to contact Lori with thei r registrations. 14. Adjourn A MOTION WAS MADE BY ROD DRAGSTEN TO ADJOURN THE MEETING AT 10: 10 PM. RICHARD CARLSON SECONDED THE MOTION. MOnON CARRIED LJNANll'vIOLJSL Y. Recorder -13- Planning Commission Agenda - 09/03/02 . 5. Public Hearing: Consideration of a request to replat a portion of the Groveland addition and variances to permit lots in thc R-I District that have less than 80 feet of width and less than 12.000 SQuare feet in area. Applicant: Ocello LLC. (NAC) REFERENCE AND BACKGROUND Ocello LLC, the developer of the Groveland residential subdivision, is requesting approval of a replat and variances to allow the comhination of an outlot and one single family lot into two single family parcels. The single family lot is Lot I, Block 3 of Grovcland 2nd Addition, and Outlot A, a 60 foot wide parcel that was reserved for pathway access. The two parcels are located along Brentwood Drive at the end of Somerset Lane, and back up to the United Power Association transmission line. The rear 75 feet of depth of each parce I is covered by the lJ P A easement. . The outlot was originally planned to provide access to a pathway that would have followed the route of the transmission line. This pathway was eventually deleted from the Preliminary Plat replaced by sidewalks along the street. However, the final plat drawings carried the outlot to final approval, and the plat was recorded with the outlot in place, even though it no longer had any purpose. The applicant is now seeking permission to combine the outlot with the adjacent single family parcel, and then replat the two parcels into two 70 foot wide lots of 11 ,S77 square feet. The City's R-l standards call for SO feet of width and 12,000 square feet of area. To consider variances, the City must make a finding that there arc unique physical conditions on the land that create a hardship in putting the property to reasonable use. In this case, reasonable use could include splitting the outlot and giving it to the lots on either side of it to make two larger lots, rather than two smaller lots. Paliicularly because the rear yards of these parcels are encumbered by the power line, staff is not supportive of tl.Jrther reducing the huildable area of these lots. When the parcel is narrowed significantly, the huildable depth of the lot becomes an issue. The power line limits the ability to extend to the rear. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the replat and variances to lot width and area, based on a finding that suhdivision is necessary for reasonable use, and with the understanding that no variances will be considered for setbacks to accommodate the reduced buildable area. . . Planning Commission ^genda - 09103/02 2. Motion to recommend denial of the replat and variances, based on a finding that the ordinance test for physical hardship is not met. s'rAFF RECOMMENDATION Staff recommends that the repIat and variances not be approved. As noted, there does not appear to be any particular hardship that limits reasonable use of the property. The outlot should be combined with the adjacent parcels to result in two larger single family lots. If the City is inclined to approve the request, we would recommend that the City add the caveat that no setback variances are likely to be considered due to the reduced size and width of the lots. SUPPORTING DATA 1. Plat of Groveland 2nd Addition 2. Subject Site Location . . 2 . -.... ' f4.'~"/: r,-- '\ I ==t- ~- . . , ~&.~.. ~. ; -..- .,: ""..-........ ""'.".a" , /'\. / /~ / Y ,..-. I I.... ...:..'i:{~~~:--:~~~-' ..-' f f ~'b / ;~t;,::.:..:=~::i<i / -~ / /.~ / / 4; ;.1/ / / / / . . /; '<:IIi / .~~ ~ i "'- 19 ~ ~i ... l'-.) ~O >~ t)~ ~~ :=1>- ~~ Yidvl :fi IDOi Ii ""Fi5 A Plann ing Comm ission Agenda - 09/03/02 . 6. Puhlic Hearin2:: Consideration ora request to amend a Planned Unit Develooment by issuing an Interim Use Permit for temporary automobile sales. displav. and storage. Aoplicant: Dave Peterson/Monticello Ford. (NAC) REFERENCE AND BACKGROUND Dave Peterson of Monticello Ford is requesting approval oran Interim Use Permit and PLIO Amendment to permit the expansion of automobile sales and display area onto the vacant lot between Olson Electric and the fonner Dunlo Motors parccl. This lot is approximately three acrcs in size, and would be used for sales display along the north boundary (adjacent to Oakwood Drive), storage of automobiles along the east edge boundary with the Dunlo Motors parcel, and storage of automobiles along the south boundary, bchind the day care building. . The applicant is seeking this allowance to accommodatc the introduction of a ncw dcalership (West Metro Buick) into the old Ford building and the Dunlo parcel, and in anticipation of a future import dealer on the vacant parcel. As such, the request includes a provision for limited improvements to the site, including a gravel/recycle base surfacing for the storage areas, and paved surfacing for the single row of display along Oakwood Drive. The remainder of the parcel would be seeded with grass, pending its future development. This request raises two primary issues for the City. First is enforcement of the temporary nature of the permit. With an Interim Use Permit, the applicant agrees to a specific date or condition on whieh the termination of the use will occur. This date is set by contract- the primary issue comes when the date arrives and the applicant wishes to continue the use. The City can issue a new permit, or enfc)[cc the contract, but enf(Jrcement is always a difJicult undertaking. The second issue relates to the City's provisions for automobile dealership building ratios. Adding the currently vacant parcel into the mix of automobile building/sales lot development would leave the area in non-compliance with the requirement f()I' a 15% building area ratio for these uses. It is estimated that a building of approximately 20,000 square feet would evcntually be nccessary to offset the additional site area to be used for display and storage. The applicant has suggested a timcline of two to five years to attract and develop the additional dealership, and has not indicated the building expectations for such a facility. . If this permit is to be approved, planning staff would recommend a period of three years, at which time the applicant should know with more certainty as to the likelihood of the additional dealership. While the minimal improvements for a temporary facility would make sense in regard to avoid waste, the permission to use property at substandard Planning COll1mission Agenda - 09/03/02 . improvement levels also has a tendency to delay better development, since the property owner gets some economic return with little investment. The intent of the zoning ordinance is to encourage investment in property that has a positive eIrect on job creation, economic development for the community, and creation of tax base. In this regard, planning staff would suggest that the display areas along Oakwood Drive and the storage area adjacent to the "Dunlo" parcel be paved. It would appear these areas would be highly visible, and likely to serve retail customers, whereas the storage area behind the day care building is less visible and is inconvenient for customer access. After three years, the City could insist on the removal of the temporary display and storage. Ilopefully, this would be in connection with the permanent development of the vacant parcel (as well as the upgrade of the West Metro facility - an eventual likelihood suggested by the applicant). The applicant should plan to provide landscaping plans and lighting plans for the property, as well as details regarding surfacing materials and drainage control on the site satisfactory to the City Engineer. ALTERNATIVE ACTIONS 1. Motion to recommend approval of a PUD Amendment and Interim Use Permit for Dave Peterson to accommodate temporary automobile display and storage consistent with the survey dated April 27, 2000, and consistent with the recommendations of this report as summarized in Exhibit Z. . 2. Motion to recommend denial of the PUD Amendmentllnterim Use Permit based on findings that the temporary nature of the use will raise enfOrCell1ent issues, and that the expansion of sales area is inconsistent with the City's requirements for building to lot area ratios flJr automobile dealerships. STAFF RECOMMENDATION Staff recommends approval on with the conditions stated in this report. As noted, temporary permits can be problematic when the termination date arrives and the applicant is not ready to develop the property in a permanent fashion consistent with the zoning requirenlents. The interim improvements discussed in this report are designed to ensure that the site will not become an eyesore during the interim period. SUPPORTING DATA I . Property survey 2. Exhibit Z - Conditions of Approval . 2 Exhibit Z _ Conditions of Approval for Interim Use Permit and pun . Amendment - Dave Peterson/Monticello Ford 1. Interim Use Permit will be valid through September 30, 200S, at which time it will terminate and all use or the property will be required to come into full conformance with the zoning ordinance in effect at that time. The subject site is Lots 9 and 10, Block 3, Lot 1 Block 1, and Outlots A and B of Plaza Partners addition. 2. The display area along Oakwood Drive will be paved to accommodate a single row of display automobiles, to a minimum width of 20 feet and maximum of 30 feet. This paving shall be located no closer than five feet to the property line. 3. The display area along the "Dunlo" parcel to the east shall be paved to accommodate a double roW of display automobiles, to a minimum width of 40 feet and maximum of 50 feet. This area may be extended to tie directly into the paved area on the "Ounlo" parcel without a landscaped separation on a temporary basis - future re-development of the properties will be required to reclaim the 5 foot setback standard for paved areas. 4. The storage area to the west (back) of the day care property may be surfaced with a gravel or crushed concrete base. The extent or this area shall be no more than 120 feet north of the existing paved storage lot on Lot 8, Block 3 of Plaza Partners addition. The applicant shall plant a row of 8 evergreen trees along the boundary with the rear lot line or the day care building to screen this area rrom the neighboring use, and the gravel surface shall extend to no closer than 10 feet from the lot line of the day care center property. . 5. No parking, storage, or display shall be allowed in any area of the subject site that is not either paved or surfaced with gravel in accordance with the approved plans. 6. The applicant shall submit a landscaping and lighting plan for City review and approval, prior to use of the property for storage, display, or parking. 7. Violation of the terms of the Interim Use Permit shall not affect the original PlJD approval, but shall be cause for revocation of the Interim Use on the subject site. . tY-h;b\-\ 7- . . . Planning Commission Agenda - 09/03/02 7. Public Hcarin : consideration of a re ucst for a zonin ~ ma amendment rc-zonin a arcel from 1-2 heav industrial to one or a combination of the folJowin B-4. B-3, B-2, and I-IA. Applicant: Planning Commission. (.10) REFERENCE AND BACKGROUND Planning Commission is asked to consider rezoning the 16 acre portion of the John Lundsten property from 1-2 to one or a combination of the 1-] A, B-4, B-3 or B-2 zoning districts. This request was initiated by the Planning Commission at a meeting held a few months ago. Coincidentally, the property owner requests that the property be rezoned for commercial use. Lundsten also owns an additional 23 acres of land contiguous to the subject site that is currently zoned for commercial use. The 1-2 district list of permitted uses include heavy industrial uses including: "the manujclcturing. compounding, assemhly, packaging, treatment. or storage of products or nUlterials including: Brnl'eries, cement, stone cutting, brick, glass, batteries (wet cell), ceramic products. mill working, metal polishing and platting, paint. vinegar 11'orks, rub her products, plastics, meat packing, flour. feec.(r;rain lJlilling, milling, coal or tar a.sphalt distillation. rendering works. distillation oj' hones. sawmill, lime, g}7Jsum, plaster ojjmris, glue. size, cloth and similar uses". Clearly some o[the permitted uses noted above are not compatible with the neighboring commercial area. The zoning of this land for 1-2 uses occurred years ago at a time when the Lundsten parcel was somewhat removed Jl-om the developed portions of the City. With the expansion of llighway 25 and growth of commercial development in the area, the land may be more suitable for commercial uses or for industrial uses identified in the I -1/1-1 A district. The 16 acre parcel is located in the area of Dundas Road and Highway 25. It is bordered on the south by a 8-4 and 1-1 A District (MonticeIlo Commerce Center). The property to the north is zoncd for commercial uses while the property to the east (Oakwood Industrial Park) is zoned 1-2. In summary, this 1-2 parcel is wedged betwcen two growing commercial areas, which makes it a candidate for rezoning. As with cvery request for rezoning, the Planning Commission shall consider possible adverse cffects of the proposed amendment. Its j udgcment shall be based upon (but not limited to) the f()llowing factors: 1. 2. Relationship to municipal comprehensive plan. The geographic area involved. Whcther such use will tend to or actually depreciate the area in which it is proposed. " -, . Planning Commission Agenda - 09/03/02 . 4. 5. The Character of the surrounding area. The demonstrated need f'Jr such use. ALTERNATIVE ACTIONS 1. Motion to recommend approval of request to rezone from J -2 to J -I A, based on the finding that the land uses proposed help to maintain a supply of industrial land without the potential of intense industrial uses identified in the 1-2 district regulation. Under this alternative the Planning Commission would take the view that the parcel, though located well for commercial uses, should remain industrial thus maintaining industrial land use supply. 2. Motion to recommend approval of a request to rezone from 1 -2 to 8-4, based on the finding that the amendment is consistent with the comprehensive plan, compatible with the geographic area and character of the surrounding area, will not result in the depreciation of adjoining land values, and the need for the use is sufficiently demonstrated. This alternative recognizes the emergence of the Highway 25/194 area as a regional commercial center brought about by the residential growth in the J94/Highway 10 corridor. The land Llse change supports to establish Monticello as a regional commercial center. . STAFF RECOMMENDATION Staff recommends alternative 2. It is evident that Monticello is becoming more attractive each day to large scale commercial development. The proposed rezoning will support this trend and thus encourage economic development and expansion of tax base. In the event that the commercial development does eome to fruition, or if this site becomes attractive to a desirable industrial prospect, then the site could be rezoned to an industrial use accordingly. SUPPORTING DATA District regulations for the following districts: 1-2, 1- L I-I a, B-4, B-3, B-2 Letter from John Lundsten Zoning/area map . 2 . . . CHAPTER 11 "B-1" NEIGHBORHOOD BUSINESS DISTRICT SECTION: 11-1 : Purpose 11-2: Permitted Uses 11-3: Permitted Accessory Uses 11-4: Conditional Uses 11-1: PURPOSE: The purpose of the B-1, neighborhood business, district is to provide for the establislunent of local ce'nters for convenient, limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. 11-2: PER1vfITTED USES: The following are permitted uses in a B-1 district: [A] Barber shops [B] Beauty parlors [C] Essential services (#216, 11/25/91) 11-3: PER1vfITTED ACCESSORY USES: The following are permitted accessory uses in a B-1 district: [A] Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. . [B] Off-street parking as regulated by Chapter 3, Section 5, of this ordinance but not including semi-trailer trucks. [C] Off-street loading as regulated by Chapter 3, Section 6, of this ordinance. 11-4: CONDITIONAL USES: The following are conditional uses in a B-1 district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. ry A MONTICELLO ZONING ORDINANCE 11/1 . . . 2. Equipment is completely enclosed in a permanent structure with no outside storage. 3. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Professional and commercial (leased) offices provided that: 1. The services which are provided are for the local area rather than the community or region. 2. . The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area. 3. The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Commercial planned unit development as regulated by Chapter 20 of this ordinance. [D] Convenience grocery stores provided that: I. The site is adequately served by a collector street. 2. Access point to the site shall be limited to a collector street. 3. Curb cuts or access points shall be at least one hundred (100) feet from the intersection of two (2) streets. 4. Conformity with the surrounding neighborhood is maintained and required setbacks are met. 5. Adequate screening and landscaping from neighborhood residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. 6. Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it. 7. The site shall conform to parking requirements as provided in Chapter 3, Section 5, of this ordinance. MONTICELLO ZONING ORDINANCE 11/2 . . . 8. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 9. Building setback from residential uses must be 30 feet or greater. 10. Parking lot setback from residential uses must be 15 feet or greater. 11. The combined total or individual gross floor area of convenience store and/or laundromat establishments shall not exceed 3,000 sq ft in any single B-1 district. 12. Hours of operation shall be limited to 5:00 a.m. to 11 :00 p.m. 13. The number of gas dispensers allowed is limited to one gas dispenser per 400 sq ft of retail floor area, with total dispensers not to exceed four. [E] Laundromat, self-service washing and drying provided that: 1. The site is adequately served by a collector street. 2. Access point to the site shall be limited to a collector street. 3. Curb cuts or access points shall be at least one hundred (100) feet from the intersection of two (2) streets. 4. Conformity with the surrounding neighborhood is maintained and required setbacks are met. 5. Adequate screening and landscaping from neighborhood residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. 6. Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it. 7. The site shall conform to parking requirements as provided in Chapter 3, Section 5, of this ordinance. 8. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 9. Building setback from residential uses must be 30 feet or greater. 10. Parking lot setback from residential uses must be 15 feet or greater. MONTICELLO ZONING ORDINANCE 11/3 . . . 11. The combined total or individual gross floor area of convenience store and/or laundromat establishments shall not exceed 3,000 sq ft in any single B-1 district. 12. Hours of operation shall be limited to 5 :00 a.m. to 11 :00 p.m. (#216, 11/25/91) MONTICELLO ZONING ORDINANCE 11/4 . . . CHAPTER 12 "B-2" LIMITED BUSINESS DISTRICT SECTION: 12-1: Purpose 12-2: Permitted Uses 12-3: Permitted Accessory Uses 12-4: Conditional Uses 12-1: PURPOSE: The purpose of the B-2, limited business, district is to provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. 12-2: PERMITTED USES: The following are permitted uses in a B-2 district: [A] All permitted uses as allowed in the B-1, neighborhood business, district. [B] Art and school supplies. [C] Bakery goods and baking of goods for retail sales on the premises. [D] Bank, savings and loan, savings credit unions, and other financial institutions. [E] Bicycle sales and repair. [F] Candy, ice cream, popcorn, nuts, frozen desserts, and soft drinks. [G] Camera and photograhic supplies. [H] Commercial (leased) and professional offices. [1] Delicatessen. [J] Dry cleaning pickup and laundry pickup stations, including incidental repair and assembly but not including processing. [K] Drug store. [L] Florist shop. [M] Frozen food store but not including a locker plant. [N] Gift or novelty store. 1A MONTICELLO ZONING ORDINANCE 12/1 . . . [0] Grocery, fruit, or vegetable store but not including sales from moveable motorized vehicle. [P] Grocery, supermarket. [Q] Hardware. [R] Hobby store, including handicraft classes but not to exceed fifteen (15) students. [S] Ice sales with storage not to exceed five (5) tons. [1'] Insurance sales. [U] Locksmith. [V] Meat market but not including processing for a locker plant. [W] Medical and dental offices and clinics. [X] Paint and wallpaper sales. [Y] Plumbing, television, radio, electrical sales, and such repair as are accessory use to retail establishment permitted within this district. [Z] Public utility collection offices. [AA] Public garage. [BB] Real estate sales. [Ce] Shoe repair. [DD] Glass sales and service. [EE] Professional and commercial offices. [FF] Jewelry store/watch repair. [GG] Gas station/convenience store. (#220, 02/1 0/92) 12-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a B- 2 district: [A] All permitted accessory uses as allowed in a B-2 district. 12-4: CONDITIONAL USES: The following are conditional uses in a B-2 district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) MONTICELLO ZONING ORDINANCE 12/2 [A] Multiple family buildings provided that: 1. Development is compatible with existing and planned use of the area and . conflicts are not created between commercial and residential use and activities. 2. The lot, setback, and building requirements outlined in Chapter 3, Sections 2,3, and 4, of this ordinance are complied with. 3. At least five hundred (500) square feet of use able open space as defined in Chapter 2, Section 2, of this ordinance is provided for each dwelling unit. 4. Adequate off-street parking and off-street loading is provided in compliance with Chapter 3, Sections 5 and 6. 5. The development is adequately served by a collector or arterial street. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Govenunental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required . setbacks and side yard requirements are met. 2. Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3, Section 2, of this ordinance. 3. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Commercial planned unit development as regulated by Chapter 20 of ~his ordinance. . MONTICELLO ZONING ORDINANCE 12/3 . . . CHAPTER 13 "B-3" HIGHWAY BUSINESS DISTRICT SECTION: 13-1: Purpose 13-2: Permitted Uses 13-3: Permitted Accessory Uses 13-4: Conditional Uses 13-5: Interim Uses 13-1: PURPOSE: The purpose of tl).e "B-3," highway business, district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 13-2: PERMITTED USES: The following are permitted uses in a "B-3" district: [A] All permitted uses as allowed in a B-1 and B-2 district. [B] Auto accessory store. [C] Commercial recreational uses. [D] Motels, motor motels, and hotels provided that the lot area contains not less than five hundred (500) square feet oflot area per unit. [E] Restaurants, cafes, tea rooms, taverns, and off-sale liquor, provided that the use is not located within 300 ft of a residential zone. (#258,09/26/94) [F] Private clubs or lodges serving food and beverages with use being restricted to members and their guests. Adequate dining room, kitchen, and bar space must be provided according to standards imposed upon similar unrestricted customer operations. The serving of alcoholic beverages to members and their guests shall be allowed, providing that such service is in compliance with applicable federal, state, and municipal regulations. Offices of such use shall be limited to no more than twenty (20) percent of the gross floor area of the building. [G] Taxi terminals, stand, and offices. [H] Small printing or publishing business employing six (6) or less persons. MONTICELLO ZONING ORDINANCE 1A 13/1 . . . 13-3: PERlv1ITTED ACCESSORY USES: The following are permitted accessory uses in a "B-3" district: [A] All permitted accessory uses as allowed in a "B-2," limited business, district. [B] Adult Use/Accessory (#217,01/13/92) 13-4: CONDITIONAL USES; The following are conditional uses in a "B-3" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Drive-in and convenience food establishments provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Each light standard island and all islands in the parking lot landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 5. Parking areas and driveways shall be curbed with continuous curb not less than six (6) inches high above the parking lot or driveway grade. 6. Vehicular access points shall be limited, shall create a minimwn .of conflict with through traffic movements, shall comply with Chapter 3, Section 5, ofthis ordinance, and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9. The entire area other than that occupied by buildings or structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. MONTICELLO ZONING ORDINANCE 13/2 . . . 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] CARW ASHES (DRlVE THROUGH, MECHANICAL, AND SELF-SERVICE) PROVIDED THAT: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. Magazining or stacking space is constructed to accommodate that number ofvehic1es which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 3. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 4. Each light standard island and all islands in the parking lot landscaped or covered. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. MONTICELLO ZONING ORDINANCE 13/3 . . . 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] MOTOR FUEL STATION, MOTOR FUEL STATION/CONVENIENCE STORE, AUTO REPAIR-MINOR, AND TIRE AND BATTERY STORES AND SERVICE PROVIDED THAT: 1. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 10. Each light standard landscaped. MONTICELLO ZONING ORDINANCE 13/4 . II. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3. Section 2 [G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement. shall comply with Chapter 3. Section 5, of this ordinance. and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3. Section 9. of this ordinance. 14. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13, Section 4. of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4. be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. . 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request. finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [D] New and used automobile/light truck sales and display provided that: I. The minimum building size for any auto sales use shall comply with the following standards: Parcel Size Lot Coverage Percent* Minimum Building Size* Up to 2 acres 5% 2,500 square feet More than 2 acres to 4 acres 10% 10,000 square feet More than 4 acres 15% 40,000 square feet *Whichever requires the larger building. 2. (#351, 8/14/00) Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. . 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences, and shall MONTICELLO ZONING ORDINANCE 13/5 . . . [E] [F] be in compliance with Chapter 3. Section 2 [H]. of this ordinance. 4. The outside sales and display area shall be hard surfaced. 5. The outside sales and display area does not utilize parking spaces \vhich are required for conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movement shall comply with Chapter 3. Section 5. of this ordinance. and shall be subject to the approval of the City Engineer. 7. There is a minimum lot area of twenty-two thousand five hundred (22.500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 8. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3, Section 9. of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Open and outdoor storage as a principal or accessory use provided that: I. The area is fenced and screened from view of neighboring residential uses or if abutting an "R" district in compliance with Chapter 3. Section 2 [GJ, of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3. Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Open or outdoor service, sale, and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: I. Outside services, sales and equipment rental connected with the principal MONTICELLO ZONING ORDINANCE 13/6 . . . uses is limited to thirty (30) percent of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use perm i 1. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [G] Accessory. enclosed retail, rental. or service activity other than that allowed as a permitted use or conditional use within this section provided that: 1. Such use is allowed as a permitted use in a "B-1" or "B-2" district. 2. Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (50) percent of the gross floor area of the principal use. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapter 3, Sections 5 and 6. of this ordinance is pmvided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [H] Shopping Center. [I] Animal Pet Clinics. 1. Annual inspection by City's health officer at owner's expense. 2. All pets must be leashed. 3. Treatment to be limited to household pets. [J] Pet hospitals with the following condition: I. No outside pens or kennels. MONTICELLO ZONING ORDINANCE 13/7 2. .., .J. . 4. 5. Annual inspection by City Health Officer at owner's expense. All animals must be leashed. Treatment \vould be limited to small domesticated animals. No outside storage of carcasses. (#364.9/l0/01) [K] Commercial storage contained entirely vvithin a building. [L] Commercial planned unit development as regulated by Chapter 20 of this ordinance. [M] Consignment auction sales and/or auction sales. I. The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. I At the boundaries of residential districts. a strip of not less than 5 feet shall be landscaped and screened in compliance with Chapter 3. Section 2 [G], of this ordinance. . 3. Any light standard islands and all islands in the parking lot shall be landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3. Section 5 [G], of this ordinance. 5. Parking areas and driveways shall comply with Chapter 3. Section 5 [0]. 6. Vehicular access points shall be limited. shall create a minimum ~f conflict through traffic movements. shall comply with Chapter 3. Section 5. of this ordinance. and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-or-way or from an abutting residence and shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance. 8. The entire area shall have a drainage system w'hich is subject to the approval of the City Engineer. 9. All signing and information or visual communication devices shall be in compliance with Chapter 3. Section 9. . 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. MONTICELLO ZONING ORDINANCE 13/8 . . . 11. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 12. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 13. Outside sales connected with the principal use is limited to 30% of the gross floor area of the principal building. This percentage may be increased as a condition of the conditional use permit. 14. Outside sales may not take up parking space as required for conformity to the ordinance requirement. 15. No pets or livestock may be sold at this auction sales facility. 16. Provisions must be made to control and reduce noise when adjacent to a residential zoning district. 17. All outside storage shall be effectively screened from public view in accordance with Chapter 3, Section 2 [G], and limited to 10% of the gross floor area of the principal use building. [N] Outdoor go-kart tracks provided that: 1. The proposed use must meet all conditions of Chapter 3, Section 4 [A]. 2. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 3. A solid wood, six-foot high fence must be part of the screening "required when the adjacent property is residential. 4. For dust and noise (70DB at residential property line) must be controlled at all times to the satisfaction of the City. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [0] Day-care centers provided that: 1. No overnight facilities are provided for children served and that said children are delivered and removed daily. MONTICELLO ZONING ORDINANCE 13/9 . 2. An outdoor recreational facility shall be appropriately separated from the parking lot and driving areas by a wood fence not less than 4 feet in height or Council approved substitute, and shall be located continuous to the day- care facility, and shall not be located in any yard abutting a major thoroughfare, and shall not have an impervious surface for more than one- half of the playground area, and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas. A minimum size of the outside recreational facility shall be 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. 3. The regulations and conditions of the Minnesota Department of Human Services and Department of Health, Public Welfare Manual 11-31-30 as adopted, amended, and/or changed, are satisfactorily met. 4. A written indication of preliminary, pending, or final license approval from the regulatory agencies is supplied to the City of Monticello. (# 152, 9/22/86) [P] Auto body shop repair provided that: . 1. Door opening to service area garage must not face street frontage. 2. Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. 5. The floor of the vehicle storage area shall consist of asphalt or concrete pavmg. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. 7. The advertising wall facing the public right-of-way shall consist of no more than 50% metal material. 8. . The secondary or non-advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. MONTICELLO ZONING ORDINANCE 13/10 . . . 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 10. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or PZM zone existing at the time the conditional use permit is granted. (#175,4/24/89) [Q] Restaurants, cafes, tea rooms, taverns, and off-sale liquor located within 300 ft of a residential zone provided that: 1. Primary access must not be through residential street(s). (#258, 9/26/94) [R] Govenunental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3, Section 2, of this ordinance. 3. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#300, 12/8/97) 13-5: INTERIM USES: The following are interim uses in a "B-3" district (requires an interim use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] Trucking and Trucking Service provided that: 1. The architectural appearance and functional plan of the building"and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located. 2. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2, of this ordinance. 3. The entire site, other than that taken up by a building, structure, or plantings, shall be surfaced with a material to control dust and drainage, which is subject to the approval of the City Engineer. 4. The site shall meet minimum lot dimension requirements of the District. 5. No outside storage except as allowed in compliance with Chapter 13, Section 4[E], of this ordinance. MONTICELLO ZONING ORDINANCE 13/11 . . . 6. Parking areas accessible to the public, including customers and employees, shall be paved in compliance with Chapter 3, Section 5, of this ordinance. 7. No more than six thousand (6,000) square feet of the site shall be devoted to the storage, parking, and/or circulation of semi-tractors and trailers, as illustrated on a site plan submitted in connection with an application for a conditional use permit. 8. All service activities shall occur within the principal building or approved accessory buildings. 9. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#304, 1/12/98) MONTICELLO ZONING ORDINANCE 13/12 . . . CHAPTER 14 "B-4" REGIONAL BUSINESS DISTRICT SECTION: 14-1: Purpose 14-2: Permitted Uses 14-3: Permitted Accessory Uses 14-4: Conditional Uses 14-1: PURPOSE: The purpose of the "B-4," regional business, district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. 14-2: PERMITTED USES: The following are permitted uses in a "B-4" district: [A] All permitted uses as allowed in a "B-1 ", "B-2", and "B-3" district. [B] Antique or gift shop. [C] Amusement places (such as dance halls or roller rinks). [D] Auto accessory stores. [E] Enclosed boat and marine sales. [F] Books, office supplies, or stationery stores. [G] Bowling alleys. [H] Carpet, rugs, and tile. [I] Coin and philatelic stores. [1] Copy service but not including press or newspaper. [K] Costume, clothes rental. [L] Department and discount stores. [M] Dry cleaning, including plant accessory thereto, pressing, and repairs. [N] Dry goods store. [0] Electrical appliance stores, including incidental repair and assembly but not fabricating or manufacturing. ., A MONTICELLO ZONING ORDINANCE 14/1 . . . . [P] Employment agencies. [Q] Finance companies. [R] Furniture stores. [0] Haberdasheries and ladies ready-to-wear. [V] Insurance sales, claims and branch offices. [W] Jewelry stores and watch repair. [X] Leather goods and luggage stores. [Y] Record - music shops. [Z] Restaurants, tea rooms, cafes, taverns, and off-sales liquor stores. [AA] Sewing machine sales and service. [BB] Shoe stores. [CC] Tailor shops. [DD] Theatres not of the outdoor drive-in type. [EE] Toy stores. [FF] Travel bureaus, transportation ticket offices. [GG] Variety stores, 5 & 10 stores, and stores of similar nature. [HH] Wearing apparel. [II] Government and public utility buildings. [11] Mortuaries [KK] Body Piercing Establishments [LL] Tattoo Parlors (#286, 2/10/97)(#330,9/13/99) 14-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "B-4" district: [A] All permitted accessory uses in a "B-3" district. MONTICELLO ZONING ORDINANCE 14/2 . . . [A] Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. The privisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Open or outdoor service, sale, and rental as a principal and accessory use and including sales in or from motorized vehicles, trailers, or wagons, provided that: 1. Outside service, sales, and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. 2. Outside sales areas are fenced or screened from view of the neighboring residential uses or an abutting residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Custom manufacturing, restricted production and repair limited to the following: Art, needlework, jewelry from precious metals, watches, dentures, and optical lenses, provided that: 1. Such use is accessory as defined in Chapter 2, Section 2, of this ordinance to the principal use of the property. MONTICELLO ZONING ORDINANCE 14/3 . . . 2. Does not conflict with the character of development intended for this district. 3. The provisions of Chapter 22 of this ordinance are considered satisfactorily met. [D] Motor fuel station, auto repair-minor, and tire and battery stores and service. provided that: I. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property . 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. 'Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. MONTICELLO ZONING ORDINANCE 14/4 . . . 10. Each light standard landscaped. 11. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. r 4. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4, be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [E] Machinery sales. [F] Commercial planned unit development as regulated by Chapter 20 of this ordinance. [G] Boarding House, provided that: 1. The building/structure is found to be substandard and/or blighted or contributing to blight and in need of substantial rehabilitation. a. The applicant must provide an overall development concept plan. b. The applicant must demonstrate that said rehabilitation is the most feasible use alternative and that said rehabilitation is not remodeling or simple structural alterations to accommodate a change in use. MONTICELLO ZONING ORDINANCE 14/5 2. There shall be no less than ten (10) units nor more than 18 units, and each unit shall be of a design considered to be an efficiency apartment. . 3. At least one unit shall be on the ground floor fully accessible to handicapped persons. 4. At least 50% of the floor area on the ground floor shall be developed as complete restaurant facilities with a minimum seating capacity of two seats per dwelling unit but in no case less than 25 seats. a. Restaurant shall not be eligible for licenses regulating the sale of intoxicating liquors, non-intoxicating malt liquors, wine, or the display and consumption of liquors. b. The restaurant shall be so equipped to provide food service to the dwelling units if required. 5. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 6. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. (#138, 7/23/84) . . 14/6 MONTICELLO ZONING ORDINANCE . SECTION: 15A-l : 15A-2: 15A-3: 15A-4: 15A-5: 15A-l: 15A-2: . . CHAPTER 15A "I-IA" LIGHT INDUSTRIAL DISTRICT Purpose Permitted Uses Permitted Accessory Uses Conditional Uses "I-IA" Design and Site Plan Standards PURPOSE: The purpose of the I-lA, Light Industrial District is to provide for the establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms and related uses in an environment which provides a high level of amenities, including landscaping, perservation of natural features, architectural controls, and other features. (#298, 10/13/97) PERMITTED USES: The following are permitted uses in a I-IA District: (#298, 10/13/97) [A] [B] [C] [D] [E] [F] [G] [H] [I] [J] [K] [L] [M] [N] [0] [P] [Q] [R] [S] [T] [U] [V] Radio and television Research laboratories Trade school Machine shops Paint mixing Bus terminals and maintenance garage Warehouses Laboratories Essential Services Governmental and public utility buildings Manufacturing, compounding, assembly, or treatment of articles or merchandise Manufacture of musical instruments, novelties, and molded rubber products Manufacture or assembly of electrical appliances, instruments, and devices Manufacture of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or natural gas Manufacture and repair of electrical signs, advertising structure, light sheet metal products, including heating and ventilation equipment Blacksmith, welding, or other metal shop Laundries, carpet, and rug cleaning Bottling establishments Building material sales and storage Broadcasting antennae, television, and radio Camera and photographic supplies manufacturing Cartage and express facilities ,A 15N1 MONTICELLO ZONING ORDINANCE [W) [X] . [Y] [Z] [AA] [BB] [CC] [DD] [EE] [FF] [GG] [HH] I5A-3: . I5A-4: . Stationery, bookbinding, and other types of manufacturing of paper and related products but not processing of raw materials for paper production Dry cleaning establislunents and laundries Electric light or power generating stations, electrical and electronic products manufacture, electrical service shops Engraving, printing, and publishing Jewelry manufacturing Medical, dental, and optical laboratories Storage or warehousing Wholesale business and office establislunents Commercial/professional offices Wholesale showrooms Conference centers Commercial printing establislunents PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "I-IA" District: (#298, 10/13/97) [A] Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use: 1. The parking requirements of Chapter 3, Section 5, are complied with in full. 2. The off-street loading requirements of Chapter 3, Section 6, are complied with in fulL CONDITIONAL USES: The following are conditional uses in a "I-IA" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) (#298, 10/13/97) [A] Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [GJ, of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. MONTICELLO ZONING ORDINANCE 15A/2 . . . 15A-5 : 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B]- Industrial plarmed unit development as regulated by Chapter 20 of this ordinance. [C] Indoor limited retail sales accessory to office/manufacturing uses provided that: 1. Location: (a) All sales are conducted in a clearly defined area of the principal building reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the building. (b) The retail sales area must be located on the ground floor of the principal building. 2. Sales Area. The retail sales activity shall not occupy more than fifteen (15) percent of the gross floor area of the building. 3. Access. The building where such use is located is one having direct access to a collector or arterial level street without the necessity of using residential streets. 4. Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The provisions of this section are considered and satisfactorily met. "I-IA" DESIGN AND SITE PLAN STANDARDS: The following minimum requirements shall be observed in the "I-IA" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (#298, 10/13/97) [A] Lot Coverage. There shall be no minimum or maximum lot coverage requirements in this district. (#298, 10/13/97) [B] Building Type and Construction and Roof Slope 1. Any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of anyone wall if it is coordinated into the architectural design. Any metal finish utilized in the building shall be aluminum of twenty-six (26) gauge steel, the roof slope shall be limited to a maximum of one (1) in twelve (12) slope. MONTICELLO ZONING ORDINANCE 15N3 . . . 2. In the "1-1 A" District, all buildings constructed of curtain wall panels of finished steel, aluminum, or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete case in place or pre-case panels on all wall surfaces. (#298, 10/13/97) [C] Parking. Detailed parking plans in compliance with Chapter 3, Section 5, shall be submitted for City review and approved before a building permit may be obtained. [D] Loading. A detailed off-street loading plan, including berths, area, and access shall be submitted to the City in conformance with the provisions of Chapter 3, Section 6, for review and approval prior to issuance of a building permit. [EJ Landscaping. A detailed landscaping plan in conformance with Chapter 3, Section 2 [GJ, shall be submitted to the Council and approved before a building permit may be obtained. In addition to the requirements of Chapter 3, Section 2 [G], all parcels developed along the boundary between the I-IA zone and a residential zone shall include planting of evergreens as a screen between I-IA and R-l uses. The evergreens planted shall be planted every 15 feet along the property boundary. (#298, 10/13/97) [F] Usable Open Space. Every effort shall be made to preserve natural ponding areas and features of the land to create passive open space. [G] Signage. A comprehensive sign plan must be submitted in conformance with Chapter 3, Section 9. Lot Requirements: Lot Area - Lot Width - 30,000 sq ft 100 feet Setbacks: Front Yard- Side Yard- Rear Yard - 50 feet 30 feet 40 feet (#221,2/24/92) MONTICELLO ZONING ORDINANCE 15A14 . . . SECTION: 15B-1: 15B-2: 15B- 3: 15B-4: 15B-5 : 15B-l : 15B-2: CHAPTER 15B "I-I" LIGHT INDUSTRIAL DISTRICT Purpose Permitted Uses Permitted Accessory Uses Conditional Uses Interim Uses PURPOSE: The purpose of the "I-I," light industrial, district is to provide for the establishment of warehousing and light industrial development. PERlvHTTED USES: The following are permitted uses in an "I-I" district: [A] Radio and television. [B] Research laboratories. [C] Trade school. [D] Machine shops. [E] Paint mixing. [F] Bus terminals and maintenance garage. [G] Warehouses. [H] Laboratories. [1] Essential services. [J] Governmental and public utility buildings. [K] Manufacturing, compounding, assembly, or treatment of articles or merchandise. [L] Manufacture of musical instruments, novelties, and molded rubber products. [M] Manufacture or assembly of electrical appliances, instruments, and devices. [N] Manufacture of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or natural gas. -rA MONTICELLO ZONING ORDINANCE 158/1 . . . 15B-3: 15B-4: [0] Manufacture and repair of electrical signs, advertising structure, light sheet metal products, including heating and ventilation equipment. [P] Blacksmith, welding, or other metal shop. [Q] Laundries, carpet, and rug cleaning. [R] Bottling establishments. [S] Building material sales and storage. [T] Broadcasting antennae, television, and radio. [U] Camera and photographic supplies manufacturing. [V] Cartage and express facilities. [W] Stationery, bookbinding, and other types of manufacturing of paper and related products but not processing of raw materials for paper production. [X] Dry cleaning establishments and laundries. [Y] Electric light or power generating stations, electrical and electronic products manufacture, electrical service shops. [Z] Engraving, printing and publishing. [AA] Jewelry manufacturing. [BB] Medical, dental, and optical laboratories. [CC] Storage or warehousing. [DD] Wholesale business and office establishments. PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "I -1 " district: [A] All permitted accessory uses as allowed in the "B-4" district. CONDITIONAL USES: The following are conditional uses in an "I-I" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with Chapter 3, Section 2 [G], of this ordinance. MONTICELLO ZONING ORDINANCE 158/2 . . . 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], ofthis ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Open or outdoor service, sale, and rental as a principal or an accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: 1. Accessory outside service, sales, and equipment rental connected with a principal use is limited to thirty (30) percent of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Industrial planned unit development as regulated by Chapter 20 of this ordinance. . [D] Amusement places (such as roller rinks and dance halls) and bowling alleys. [E] Consignment sales provided that: 1. Sales and storage are not to exceed 1,000 square feet in area. 2. At least 80% of the sales shall be of consigned merchandise. 3. No auctions shall take place on the premises. 4. There shall be no outside storage. 5. The provisions of Chapter 22 are considered and satisfactorily met. MONTICELLO ZONING ORDINANCE 158/3 6. The parking requirements of Chapter 3, Section 5, are complied with in full. . [F] Automobile repair - major andlor minor: 1. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 2. A drainage system subject to the approval of the City Engineer shall be installed. 3. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. . 6. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 7. Provisions are made to control and reduce noise. 8. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 9. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [G] Truck/heavy equipment repair 1. The entire site other than taken up by a building, structure, or plantings . shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. MONTICELLO ZONING ORDINANCE 156/4 . . . 2. A drainage system subject to the approval of the City Engineer shall be installed. 3. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 6. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 7. Provisions are made to control and reduce noise. 8. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 9. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 11. A specific area shall be designated for the exterior storage of semi-truck trailers and/or other vehicles and/or equipment accessory and incidental to the truck which is being repaired/serviced. [H] Prototype rubber burning furnace incidental to principal use provided that: 1. Furnace must meet all existing or future air emission standards as established by federal or state pollution control agencies. 2. Stack height must be high enough to eliminate potential of stack gases being trapped at ground level by the effect of wind flow around buildings. 3. On or before a date determined by the City, furnace owner will complete all emissions testing on prototype furnace and will apply for an air emission permit from the peA even if exempt from peA regulations. Furnace design must meet or exceed proportional requirements for a 1 MONTICELLO ZONING ORDINANCE 158/5 . million BTU furnace as required by the PCA. Failure of emission tests during prototype development or failure to obtain permission to sell this product in Minnesota shall terminate conditional use permit. 4. Regular use of the furnace shall be limited to the heating season. Non-:- heating season use of the system shall be limited to testing and demonstration. Furnace shall not by operated for the sole purpose of reducing waste tires. 5. A 6- foot, 90% opaque fence shall be used to screen waste tire storage areas. No waste tires shall be in plain view. 6. Complaints made by area property owners about the furnace emissions may be sufficient cause for the City to withdraw the conditional use permit and therefore halt furnace operation. 7. If it is determined by the Minnesota Pollution Control Agency that waste ash is hazardous waste, it shall be disposed of in a manner approved by the City of Monticello and the Minnesota Pollution Control Agency. (# 188, 5/14/90) (#222, 2/24/92) [I] Outdoor go-cart tracks provided that: . 1. The proposed use must meet all conditions of Chapter 3, Section 4[A]. 2. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 3. A solid wood, six-foot high fence must be part of the screening required when the adjacent property is residential. 4. Dust and noise (70DB at residential property line) must be controlled at all times to the satisfaction of the City. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#313, 6/8/98) 15B-5: INTERIM USES: The following are interim uses in an I-I District (requires an interim use permit based on the procedures set forth in and regulated by Chapter 22 of this ordinance) : . [A] Public educational institutions, limited to schools for elementary, junior high, and senior high aged students, provided that: 1. A specified termination date is documented. MONTICELLO ZONING ORDINANCE 158/6 . . . 2. The proposed parcel has adequate improved parking to accommodate the student capacity. 3. The proposed building is constructed or altered only in ways which do not interfere with future refitting for industrial use. (#295, 9/8/97) MONTICELLO ZONING ORDINANCE 158/7 . . . CHAPTER 16 "1-2" HEAVY INDUSTRIAL DISTRICT SECTION: 16-1 : Purpose 16-2: Permitted Uses 16-3: Permitted Accessory Uses 16-4: Conditional Uses 16- 5: Interim Uses 16-1: PURPOSE: The purpose of the "1-2," heavy industrial, district is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. 16-2: PERMITTED USES: The following are permitted uses in an "1-2" district: [A] Any use permitted in the "I-I," light industrial, district. [B] The manufacturing, compounding, assembly, packaging, treatment, or storage of products or materials including: Breweries, cement, stone cutting, brick, glass, batteries (wet cell), ceramic procucts, mill working, metal polishing and platting, paint (pigment mfg.), vinegar works, rubber products, plastics, meat packing, flour, feed grain milling, milling, coal or tar asphalt distillation, rendering works, distillation of bones, sawmill, lime, gypsum, plaster of paris, glue, size, cloth, and similar uses. [C] Automobile assembly and major repair. [D] Creamery and bottling plant. [E] Adult UselPrincipal. (#217, 1/13/92) [F] Foundry. 16-3: ACCESSORY USES: [A] Permitted Accessory Uses: The following are permitted accessory uses in an "1-2" district: 1. All permitted accessory uses allowed in an I-I (light Industrial) district. f1\ 16/1 MONTICELLO ZONING ORDINANCE [BJ Interim Accessory Uses: The following are interim accessory uses in an 1-2 district: . 1. One temporary structure as an interim accessory use, subject to the following conditions: (a) The interim accessory structure is not to exceed 700 sq ft. (b) The property owner(s) sign a development agreement with the City controlling site development and use, including a date upon which the interim use is to terminate. (c) The termination date is established at a point not longer than two (2) years following City Council approval. (d) The property owner supply adequate security to ensure removal of the interim Structure and use upon reaching the termination date. (e) All other standards of the Monticello Zoning Ordinance are met. (f) Any Interim Accessory Use or Structure approved under this section will not be considered to constitute an expansion of a pre- existing legal non-conforming use where applicable. (#241, 10/11/93) . 16-4: CONDITIONAL USES: The following are conditional uses in an "1-2" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] All conditional uses allowed in an "I-I," light industrial, district. [BJ The following uses provided they meet all requirements of Chapter 3, Section 2, of this ordinance are considered and satisfactorily met. I. Auto wrecking, junk yard, used auto parts (open storage), and similar uses. 2. Incineration or reduction or waste material other than customarily incidental to a principal use. 3. Poison, fertilizer, fuel briquettes. 4. Kilns or other heat processes fired by means other than electricity. 5. Creosote plant. 6. Acid manufacture. . 7. Storage, utilization, or manufacture of materials or products which could decompose by detonation. MONTICELLO ZONING ORDINANCE 16/2 . . . 8. Refuse and garbage disposal. 9. Commercial stock yards and slaughtering of animals. 10. Crude oil, gasoline, or other liquid storage tanks. 16-5: INTERlM USES: The following are interim uses in an "1-2" District (requires an interim use permit based on the procedures set forth in and regulated by Chapter 22 of this ordinance): [A] Outdoor storage of trucks and trucking equipment as an accessory use, provided that: 1. A specified termination date is documented. 2. The applicable requirements of Chapter 3, Section 2, General Building and Performance Requirements, are met. 3. The permit prohibits the parking of automobiles. 4. The permit specifies a gravel surface, suitable for the parking of trucks. 5. The permit specifies that the intensity of visual screening shall be related to the location and nature of the storage and the duration of the interim use. 6. The permit specifies that appropriate setback of necessary fencing and/or setback of storage shall be related to the location and nature of the storage and the duration of the interim use. (#268, 5/8/95) MONTICELLO ZONING ORDINANCE 16/3 . . . '., .:: .:" -'^,. .. . :;0 -:-1 rR\ fi:- -. If;'c" f ,_., n \\ 17 Ii::;. u-' [I PI I) /~:S~9u :ozl I! II JY)I 1\ ii, 11 . ul ._::.t John M. Lundsten 1804 Hillside Lane Buffalo, MN 55313 August 17,2002 Mr. Jeff O'Neill Assistant City Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Dear Mr. O'Neill: Please accept this letter as our statement of support for rezoning by the City of Monticello of a parcel of land owned by us. The parcel is approximately 16 acres bounded on the north by Dundas Road, the east by Oakwood Drive, the south by land owned by Pfeffer Development, and the west by the east line of the Amax storage land extended south. It is currently zoned 1-1. It appears to us that the City of Monticello is growing to the south along the Highway 25 corridor, as well as to the east and west along the south side of 1-94. We believe that our land to the north of Dundas Road if combined with land owned by others to the north of that parcel would be very desirable for typical "big box" retail uses commonly seen in nearby suburban and ex-urban locations. When and if that occurs it seems likely that the highest and best use of our land south of Dundas road would be for business rather than industrial purposes. Of the four business zoning classifications, B-4 seems most appropriate in that it will allow for uses typically found in higher end retail developments typical for this growing region. It appears that Monticello will become a major retail center between S1. Cloud and the northwest suburbs. In that case, the B-4 classification would allow for higher-end retail developments similar to what has recently been completed at the northwest and northeast comers of Vicksburg Lane and Highway 55 in Plymouth. We encourage you to pursue this rezoning as soon as possible. Please call if you wish to discuss any matters pertaining to this letter. Sincerely Yours, tZ~n~:n~ ~/1~~ Mary Ellen Lundsten 15 . . . Planning Commission Agenda - 09103/02 8. Consideration of a request to rezone a parcel from R-3, Multiple Familv Residential to pun, Planned Unit Development to accommodate the construction ofa Hockcv/Soccer complex and future commercial development. Applicant: Silver Creek Development, The Point Group, City of Monticello. (NAC) REFERENCE AND BACKGROUND The Planning Commission continued review of the proposed rezoning of the property along West 7t" Street to permit staff and the applicant to address concerns raised by the neighbors to the north and east of ]I" Street, across from the proposed project. From a site planning standpoint, staff had made a number of recommendations related to tree planting, berming, and buiTering that should provide a reasonably dense screen between the project and the single t~lInily neighborhood. These included berming and tree/shrub planting along the parking lot in front of the project, tree planting and (potentially) fencing along the north/east side of West ]I" Street to create more of a parkway environment to the street, and further thicken the buffer to the neighbors, and management of site lighting design to ensure no visible spillover of light from the night activities. The residents had also questioned the R-3 zoning, suggesting that an R~2 standard would be a better gauge for comparison. However, recent proposals fl1f R-2 development (townhouses) have all been tl1f subsidized development - the lower densities in the R-2 district have not yielded any credible market-rate proposals 1lH' the property. One of the primary concerns related to traffic along West 71h Street. It was noted that the site could accommodate up to approximately 300 residential units if developed under the current zoning. Traffic generation standards for multiple hUlli1y residential in similar areas estimate approximately 8 trips per day, an approximate total of 2,400 daily vehicle trip ends from a development on this site. For arenas, there arc a number of possible standards. Institute of Transportation Engineers data lists estimates based on square footage and scats. Peak trip generation for such uses based on a square footage variable would estimate a total of less than 200 trips during an average day (not including peak game nights). On game nights, this number would be added to the trip generation of a game - and estimated 450-600 trip ends, ll)r a total range of 650 to 800 trips f()r the arena facility. Rased on the number of scats, the ITE data would estimate a total of approximately 700 trips per day for the complex. This is consistent with the square footage estimate, and should provide a reasonable expectation for the project. Compared to the residential project, trallie generation should be expected to be approximately one third or less, even on the peak game days. Plann ing COIl1Il1 ission Agenda - 09/03/02 . Finally, planning staff would emphasize the criteria for considering rezoning of property. The zoning ordinance lists the following factors to consider when a rezoning request is proposed: I. Relationship to the Comprehensive Plan. 2. Geographical area involved. 3. Whether such use would tend to or actually depreciate the area. 4. Character of the surrounding area. 5. Demonstrated need f\)r the use. Planning staff bel ieves that these tests support the use, particularly compared to alternatives for the property. The value ora PUD zoning district is the ability of the City to enflwce any additional conditions it may find necessary to ensure that the surrounding area and the City's infrastructure are properly addressed. ALTERNATIVE ACTIONS I. Motion to recommend approval of the concept PUD rezoning. 2. Motion to recommend denial of the concept PUD rezoning. . STAfF RECOMMENDATION Staff recommends approval of the rezoning, based on the general concept sketches provided at this time. Because the neighborhood across ?h Street does not utilize that street for direct access, the traffic issues are greatly reduced. 8y focusing on screening of the site (particularly the parking lot areas) hom the residential area, the overall impact of the project should be reduced, even from that of a multiple t~Hnily residential project (as the site is currently zoned). Follow-up review will require more complete site and building plans of both the recreation and commercial portions of the project before a final PUD permit can be considered. As noted in this report while there are some legitimate concerns to the project the PUD zoning should provide adequate protection for the City's planning process and the neighborhood. SUPPORTING DATA None . 2 . . . Planning Commission Agenda - 09/03/02 9. Review new owners phm for consistencv with original approved planned unit development. Former Montissippi Trail Townhomes, now Timber Ridge. Applicant: Mike Schneider, Homestead Multi-family Development Corporation. (.TO) REFERENCE AND BACKGROUND Planning Commission is asked to review the enclosed proposal for consistency with the Planned Unit Development proposal previously approved f()l' the Montissippi Trails project and consider authorizing staff to proceed to final PUD stage. Enclosed you will find a packet of infonnation submitted by Mike Schneider who is the "new developer" of the Montissippi Trails project. As you recall, the Montissippi Trail Planned Unit Development with Forest Harstad as developer was approved some months ago. The new developer proposes to change the development name from Montissippi Trails to "Timber Ridge" but otherwise proposes no changes to the plat, utilities or required landscaping. However, the building style and base price proposed varies from the original plan. r ,ast year at the PUD review stage, r larstad said the homes would exceed $150,000. On another occasion, Harstad indicated that the base price of the Montissippi Trail homes would be in the neighborhood of $170,000 - $200,000. The home proposed by Schneider was marketed in May 2001 at the price of $144.900. Schneider notes in his summary that the last home sold at Orchard Ilill sold for $176,900. It was my recollection that building design and value played a role in the Planning Commission decision to recommend approval ofthe PUD therefore I thought it would be important for you to review this intlmnation prior to moving fl)rward on this project. ALTERNAl"IVI,: ACTIONS 1. Motion to deny acceptance of the building plan as being consistent with original PUD and require that the development proposal be reviewed via the planned unit developmcnt process. I f the Planning C0l11l11ission finds that the plans are not sufTiciently consistent with the original approvcd PUD then the applicant would need to submit a ncw concept/development stage PUD application tl)r rcview at the October Ineeting of the Planning Commission. Under this alternative the public would have an opportunity to review the plan again. 2. Motion to recot11l11end acceptance of the plans as consistent with the original approved PU D. Planning Commission Agenda - 09/03/02 . Under this alternative the item would move directly to the City Council for review on September 9. After City Council approval, the project would move forward to final stage PUD whieh includes execution of the development agreement and placement of signatures on the final plat and initiation of public storm sewer improvement necessary to support the project. STAFF RECOMMENDATION On two different occasions during the original review process the City was given information regarding the value of the homes. At the original Planning Conunission meeting the Planning Commission was told by Forest Harstad that the hornes would exceed $150,000. On another occasion the developer said that the homes would range from $170,000 to $200,000. The Planning Commission will need to determine if the new developer is hedging when it comes to meeting building value commitments made by the developer that obtained the original pun. Planning Commission may wish to require that a new application be submitted if there is any doubt that the new developer will ITleet or exceed the standards proposed by the original developer. On the other hane!, Planning Comlnission could take the view that staff is "splitting hairs" and that the home value proposed by the new developer is line. . SUPPOR'rING DATA See information provided with previous recent correspondence on this item. Pictures taken by City stall of I lomestead Development in Ramsey. . 2 . . . 10. Consideration of callinf! for a public hearinf! on temporary sien reeulations as they pertain to multi-tenant commercial developments. REFERENCE AND BACKGROUND The current ordinance governing temporary signs (40 day permit) was not designed to handle strip mall developments where there are multiple users on one lot. The ordinance governs on a per-business basis, which allows for a development such as Town Centre (currently at 7 businesses) to have 14 temporary signs up at once or switch off their days and basically have two temporary signs up at all times, all year. Staff would like some direction and if time discussion as far as what the planning commission would like to see regarding regulating town centre and future such developments. Some examples and thoughts for discussion include: . Govern the permitted temporary sign allowance for multi-tenant commercial developments on a per property basis. In other words a development such as town centre would be allowed 40 days (dispersed amongst the businesses) or possibly just a raw number of 10 days per business. . There could be designated places that temporary signs could go, so we don't have them sticking up allover site as well as make it easier to police. . There could be limits on the number of businesses that could use there days at the same time. . Many cities have done away with portable and temporary signs in order to improve the appearance of their cities. ALTERNATIVE ACTIONS 1. Motion calling for a public hearing to discuss temporary sign regulations as they pertain to multi-tenant commercial developments. 2. Motion to deny calling for a public hearing regarding the discussion of temporary sign regulations as they pertain to multi-tenant commercial developments. . STAFF RECOMMENDATIONS No specific recommendations at this point other than that our ordinance is flawed and some discussion should be had on how to regulate temporary signs for multi-tenant commercial developments. SUPPORTING DATA Excerpt from ordinance. . . -+. The tcmporary Lise or portahk signs. decoratin~ attention-gl'lting devices. all scarchlights shall require an annLlal or tbily permit. (a) An annual permit 1'01' portahle signs. as defined herein. shall he granted for a maximum period of f()rty (40) days per calendar year. As a condition of the annual permit. applicant shall maintain a daily record or the Lise ()r p,lrt~lhlc signs on a rorm prmided hy the City. (#:.:38.6/]4/93)(#] 50.5/27/86) . (h) A perm i t for dccon.lti n: attention-getting de\'ices shall be issued for a maximLlm period orten (] 0) days \vith a minimum period of one hundred eighty (] 80) days between consecutive issuance of such permits IClI' any property or parcel. (c) All portable signs and attention-getting devices must be well maintained and kept in good repair at all times. The Building Official shall order the immediate removal of any device considered to be damaged or in poor condition. Non-compliance shall be just cause for revocation of the permit without refund. (d) All portable signs and attention-getting devices shall be allO\..ved only on the property or site \vhere the business or enterprise is situated. - No placement shall be allowed on public rights-of-way. (e) All portable signs and attention-getting devices shall be on ground level except that banners and streamers may be affixed to a building. facade. penmll1~'nt pylon sign. or other permanl'nt fixture. Airborne inllatable devices shall be tethered on site. . (t) Not more than two (1) portable signs shall be displayed at the same time. (g) Not more than t\\.'o (2) attention-getting dt'\"ices shall be permitted to be displ:1yed in conjunction with any portable sign. (h) A decorative attention-getting device may bear the name of the business. but shall not bear any service. product. prict'. etc.. adwrlising messagt'. (i) Permit fees shall be set by the City Council and Sklll be payable upon application for said permit. (it- 150.5/27/86) li) Public banners may be hung from city stred light fixtures for a period of up to ,)IK (I) year. Design and placement orthe public banners shall bt' consistent \\'jth the follo\\ing standards: . I. Design and pl3ccment of public sign/decoratin: banners mllst first be approved by the City Ct)llncil and annually 1-0 3/46 . . . lL Planning Commission Agenda - 09/03/02 Review Sketch Plan for Quad Home Development at Current Site ofthe West Side Market. (.TO) REFERENCE AND BACKGROUND Tom Holthaus, owner or the West Side Market property, has provided a sketch plan showing three quad horne structures on the property on which the West Side Market is located. The plan shows three access points at CSAl I 75 and one access point at OUer Creek Road. I n order fiJr this development to occur, the property wi \I need to be rezoned from R-l to R-2 zoning designation and Holthaus will need to get Planned Unit Development approval as well. The purpose of the sketch plan review is to introduce the concept of development of a medium density development at this R-I location. Is the Planning Commission interested in amending the zoning ordinance to allow this development to occur? The site is contained within the R-l district. Single family homes are adjacent on two sides with CSAH 75 and Otter Creek Road f()fming the south and west boundary. The limits of the R-2 district to the east extends to within a few hundred feet of the site and the school property directly across CSAH 75 is zoned R-2. Would rezoning of this parcel be an example of spot L.oning? If the site belongs in the R-2 district, should the boundary be extended along Broadway to the cast to connect with an existing R-2 district? A major reason for the request is as follows: The current use (convenience store) is a lawful non-confl.mning use that can not expand. Given the deht against the store, it is not llnaneially feasible to convert the site to a single family development. In other words, development of the site with 12 units (3 quads) is feasible on a financial hasis whereas development of the site under the current zoning (R-l) is not feasible. As the Planning Commission knows, financial feasihility of a development is not a basis fl.)[ land use decision making. Planning Commission will want to analyze the request for rezoning in terms of the standards fl.)r changing the code. In other words: . Is the rezoning consistent with character and/or geography of the area. Will the rezoning result in depreciation of adjoining land values? Is there a demonstrated need for this type of use? Is the rezoning proposal consistent with the comprehensive plan? According to Holthaus, the proposed development meets the minimum standards Il.)[ density in an R-2 development which is no more than one unit per 5,000. This will need to be veri lied at concept PUO if the proposal advances that lar. Planning Comm ission Agcnda - 09/03/02 . As noted above, the purpose of the review is to provide Holthaus with general feedback on the rezoning subject and specific feedback on the design of the proposed development. Since this is sketch plan review, the Planning Commission is asked to review and discuss the site plan and offer no formal action. Formal action should only be taken aftcr conlpletion of a public hearing on the topic. If the discussion is generally positive, Holthaus will be completing the detail on a Planned Unit Development Application and will be applying for the rezoning. If the feedback is negative, I lolthaus will likely operate the convenience store as is. SUPPORTING DATA Copy of site plan. . . 2 . Z. on: nj (YJo p \ \ . . . \ \ . "O,ZZ "OlZ AOI I I I I . I C) I Os::::! I L - __I ~ L - - lii"Qdii"'Vil';tl~;iffllli^Q"O::-L.X;~,9i & Ii> IS 8 . llI'X~ JSXJlt 0 ....x~ N N Iii I~ Illl 0 Ig -< I'" . ll:I il -< III 0 ':1 flo< :II 0 0 lUl .... 0 ~I .: 0 p;;-' !i t-- > ill ~ ~.~I. ill U- ii11itK1 iI~ W ~ ::I OC II 0 <{ 0 ~ . =:J Vol CJ t:::> . iUtio ~OI" :z; to 0 ::l1I 0 -"" 0 III J.fi r-0 0 -.D . 0 !i ts ~''''o_ Q ------~- J1nv^ - .0'1l ::e 0 0 :z; . J:<l ({)~ Q III III ! l;.I lEi III t:: () . ~ loll I:Q I" III ::I ~ .... -< <ID QO ::l1I >ilia" ,,0,9~ ,,0,9 "D,tt . \ \