City Council Ordinance 596ORDINANCE NO. 596
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE
FOR SECTION 2.4 (P) - PLANNED UNIT DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF MONTICELL0, MINNESOTA, HEREBY
ORDAINS:
Section 1. Title 10 of the Monticello Zoning Code of the City of Monticello, Section 2.4 —
Specific Review Procedures and Requirements is hereby amended for Planned
Unit Developments as shown in Exhibit "A."
Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations and diagrams that result from such
amendments, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
Section 3. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
ADOPTED BY the Monticello City Council this 27th day of May, 2014.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jee�
f11, City Administrator
VOTING IN FAVOR: Herbst, Hilgart, Perrault, Posusta, Stumpf
VOTING IN OPPOSITION: None
ORDINANCE NO. 596
EXHIBIT "A"
Attach: Title 10 Monticello Zoning Code, Section 2.4(P) — Planned Unit Developments
(Commissions &
Council - No Decision)
(Staff applicable
Commissions &
Council)
(P) Planned Unit Developments
(1) Purpose and Intent
The purpose of the Planned Unit Development (PUD) zoning district is to provide
greater flexibility in the development of neighborhoods and non-residential areas
in order to maximize public values and achieve more creative development
outcomes while remaining economically viable and marketable. This is achieved
by undertaking a eellabee process that results in a development outcome
exceeding that which is typically achievable through the conventional zoning
district. The City reserves the right to deny the PUD rezoning and direct the
developer to re -apply under the standard applicable zoning district.
(2) Initiation of Proceedings
Applications for a PUD shall be initiated by application of the property owner or
other person having authority to file an application pursuant to Section 2.3(B),
Authority to File Applications.
(3) Reflection on the Official Zoning Map
(a) PUD provisions provide an optional method of regulating land use which
permits flexibility in allowed uses and other regulating provisions. In some
circumstances, however, rules and regulations governing the original zoning
district, or other zoning regulations found elsewhere in the City's ordinances,
may be appropriate to apply within the PUD. As such, approval of a Planned
Unit Development and execution of a PUD agreement shall require the
property in question be rezoned to PUD. For each PUD District, a specific
ordinance shall be adopted, along with a tracking designation for use on the
official zoning map to distinguish it from other PUD districts and identify the
adopted ordinance in the City Code. Once a PUD has been granted and is in
effect for a parcel, no building permit shall be issued for that parcel which is
not in conformance with the approved PUD Plan, the current Minnesota State
Building Code and all associated documents, and with all other applicable
City Code provisions.
JhLAII PUD rezonings approved prior to the effective date of this ordinance shall
retain their zoning classifications of R -PUD, and shall continue to be
governed by the ordinance and resolutions which created these areas.
(b)(c) All PUDs previously granted by Conditional Use Permit shall
continue to be regulated under the terms of the CUP.
City of Monticello Zoning Ordinance Page
(4) Permitted Locations for PUD rezoning
A rezoning to PUD may be requested for any residaxtial, torr
:ftaiistr- al Z^area, regardless of current zoning.
(5) PUD Qualifications
Rezonings to PUD will be considered only for areas of land in single ownership or
control, except in the following circumstances:
(a) Natural features of the land are such that development under standard zoning
regulations would not be appropriate in order to conserve such features;
(b) The land is intended to be developed in accordance with a prior PUD adjacent
to or across the street from the subject property;
(c) The PUD process is desirable to ensure compatibility and careful
consideration of the effect of a development on surrounding land uses.
(d) Multiple party ownership is adequately secured through a corporation,
partnership, or other legal entity that will ensure the ability to fulfill all of the
obligations of the PUD process, including approvals, development, and
securities.
(6) Permitted Uses Within PUDs
Uses within a PUD shall be governed by the ordinance establishing the PUD and
by the conditions, if any, imposed by the City in the approval process and PUD
documents.
(7) Expectations of a Development Seeking a Rezoning to PUD
Tho pr iioiono of this seetiox an irstenaoa to ..eh eve the 4 ,lowin pu'
within a T � lanned Unit
Development is designed to allow flexibility from the application of standard
zoning regulations to achieve a variety of public values that will be identified for
each specific PUD proiect. The following list represents examples of public
values that may be applicable to any individual PUD project, but is not necessarily
inclusive, nor are all examples applicable to all Droiects:
(a) Ensure high quality construction standards and the use of high quality
construction materials;
(b) Promote a variety of housing styles which include features such as side or rear
loaded garages, front porches, varying roof pitches, and four sided
architecture/articulation;
Page 2 City of -Monticello Zoning Ordinonce
(e) Eliminate repetition of similar housing types by encouraging a housing
mixture that diversifies the architectural qualities of a neighborhood;
(d) Promote aesthetically -pleasing design within the neighborhood and appears
attractive and inviting from surrounding parcels;
(e) Incorporate extensive landscaping and site amenities in excess of what is
required by code;
(f) Provide high-quality park, open space, and trail opportunities that exceed the
expectations established in the Comprehensive Plan;
(g) Provide access to a convenient and efficient multi -modal transportation
system to service the daily needs of residents at peak and non -peak use levels,
with high connectivity to the larger community.
(h) Promote development that is designed to reduce initial infrastructure costs and
long-term maintenance and operational costs;
(i) Where applicable, maximize the use of ecologically -based approaches to
stormwater management, restore or enhance on-site ecological systems, and
protect off-site ecological systems including the application of Low Impact
Development (LID) practices;
(j) Fe -Ac in ire : ' Facilitate a complementary mix of
lifecycle housing;
Preserve and protect important ecological areas identified on the City's
natural resource inventory (NRI);
W(l) Accommodate hii4her development intensity in areas where
infrastructure and other systems are capable of providinj4 appropriate levels of
public services, and require lower intensity in areas where such services are
inadequate, or where natural features require protection and/or preservation.
(8) Areas of Flexibility
(a) The City mayshaU consider an increase in the density or intensity of the
project, along with related reductions in lot width and size if the PUD
provides substantially more site amenities and public values, as outlined in
Section 2.4(P)(7), than could be achieved in a conventional development for
the applicable land use zone.
(b) The Gity Riay eansider- „ dee ociae in tht . w4 of -ead width .oa e
FW, of �i&y re, uir-or,o,,ts i MUD pru v- das ..,,c,.,tantiall
City of Monticello Zoning Ordinonce Page 3
amenities,, as-oumaed io SeetiAi2.4(P')(7) ,.,d pai4:,.,,1.,.-1., �n:.v2litiies
develepfAea2 for- the applieable zoningdistrict Speei fie tions and st, nda -ate
fer- t r utilities, and otl,ef pi blie f e li4ies -,I-.,aR 1JO rat ',,ka ise -etio efC4t- ,
C-euflc�l and Imut eteet the health, .,f t. mf A sthetieeeORO
-
iYaKilitj, mj ge e-„ 1 , elfafe of the „;t.,
(e -)(b) The City may consider flexibility with regard to land uses,
setbacks, lot size, width, and depth, amon,2 other zoning standards when
reviewing a PUD rezoning request. Specifications and standards for lots shall
be at the discretion of City Council, and shall encourage a desirable living or
working environment which assists in achieving the goals set out for PUDs.
W(c) The City may&hail-consider flexibility in the phasing of a PUD
development. Changes to the proposed staging or timing of a PUD may be
approved by the City Council when necessary or on the showing of good
cause by the developer.
(9) PUD Procedure
All requests for rezoning to Planned Unit Development shall follow the steps
outlined below.
The 11 b t'. and r eet goal setting star i rtende,l to .,llew the
, iie nt t, meet with members of'the Gornmu.xi1 y Development Tlop.,,4ffie,-,t
goir. Q& xtsdefstandiiig Of +,ke pTablr
valties related to dent of the subjeet site. The feedb ek feeeive
dufing this step ,:11 p ide ,,;,hare to the ,.1;ea t e elements a a
Ar-equest €o. a PUD Cei+eopt Plan Review shall be initiated by
applieation „f the r pef4 . owner- or-ethe f per -son 1,aving a,ithe -;ty to file
an . heatiet r „t t„ co-aion 3(B) n„ti e-ity to File pplie tions
r.
sessionaeeor-anee0
ii
z. T„ ,,dd tiO t„ e0fa aoik,--
submitted in nliei-..,tion of the -u `.e�'`pjc.6on aetiy ties ,x.1,ie
Page 4 City of Monticello Zoning Ordinonce
■
b. riaieato the base Peal elevation level r; f:Prp-\'�'Oable) and show
e. Tleliffe do of the dinai-j, high ...,to,- levels „f all . ,.,to,-1,odies,
d.Delineaiien ef tine"ahE)r 1•,cn n4-di4K-,* ti'w.i AQ7y 4f cN-' i0a1J1
e. Geiiefal iaeatieiis of wetlands (if ,
g. Calculation of net0 ., the site p f oa r development,
„ lull;.,..., .,1eulation of, and,10deetio f .T om the
„f all wetlands, floodplaiii slopes „-f.,,,, tlsar.'_,-Q°/, c bad
h. h�cli^^ eigl�l� � isg .tea , o ,,,1;.,g the proposed
The „1;^. ,,t ohall moot with the ^;t., stag f „ pf aWka�:an
eenfefenee prior to submittal e f a ^ eort, p1m c.-/I)Nsatio to the , ;tom.
Thhe Maui., ^ of the n f is to allow tl ^:�Y� lin r� ar.4
staff an oppoAunit., t„ review tke ^ ra>zai o?�)ki and to msa'
to --'atia if the pfope/ic! io wxduei;,e t„ „ nr rr,
z.
Cit., stag and the . „1;^,,..t shall , e -y together -t„ sehed le a
eeiie�tffei# we,. -,.session with palie�,fnaker-s ,.fthe ,,;t,, (apig eable
site , g the established .,ubli^ .,.,lues in Seetion 2.4(P)(7)
guideline. The ro „lt of this meeting ,;11 be a „1,1;,. .miles
3. As aft of the „ llab .,t; we,-ks&R4en-,-+,hu AI\X--ti>zg
ra r;t., Geidiie l will difeet whethe f tl,o apvZ,�ocmt sl ,,l- -a
neighbor-heo- ---ooti"MA I lse eit�, and al w;1-9112FS OfP.-, peft.' With
1,000 feet „f the . osod IL7D I,er- „ 1.,, gef afea s detefmined i,., the
EL Y Ti�ll�Developffient Depaft vnt) Dhail leo given netiee of the
meeting. The . e of the ,f,00ting ;s to ;,,f ,-„f_the Heighbofbee
of the pfoposed PUP, diseuss the eeneepts and basis fef the plan
beiffg developed and to obtaiii infefmation mid suggestions ffem the
neighbor -hood,
1. Tlw epplieant shall be r-espensibie f r the ^„sts ; ,+ed b , the eit�,
f .,tt,ffie., l�annir. ,
dtt f r,. blase o e0fieept rlai
City of Monticello Zoning Ordinance Page 5
(b)(a) PUD Concept PkmProvosal
Prior to submitting formal development stage PUD, preliminary plat as
applicable) and rezoning applications for the proposed development, the
applicant mav, at its option,sl}all prepare an informal concept plan and present
it to the appfopfiatie-Plannin14 eCommissions and City Council at a concurrent
worksession, as scheduled by the Community Development Department. T4+e
Ifo) chcall r_^t be a ee ort &f c. PUD omiiaatien The purpose of
this in he Concept Proposalan is to; ,leto,.mine if all p.,Aies afe on -a
• Provide preliminary feedback on the concept ehanDroposal Develop R
lia cCCmSlic -Yai6igs-in collaboration between the applicant, s4eneral
public, Planninc Commission, and Citv Council;
-Pro ide an ,,fwnit„ to identify elo., ei4s of a IUJr. s
Statement ti,..t will cc iam and dire .t the deli.,, and elements „4'tl,e
sueeeedine TLS 171 ar. of
efer-eauisite of DeN,el.,efnent etaeo PUID :e=&ya-,
• Provide a forum for public comment on the PUD prior to a
reouirement for extensive enttineerinf-, and other plans;
• Provide a forum to identifv potential issues and benefits of the
proposaledPUD which can be addressed at succeeding stages of PUD
design and review.,
Tlw- cpplioax� may reest that the Goneept rnd Dovelopment Stage PUD
appli:�tiono bo oensidered eeneuFfently. n 11,.,,,anee fe . eeneeffent
shall be ..t the sale diseret:„n of the �:�,. .,a th�ti�plccrn� wjvmso c/Ilf 6clt,
finaneial E)r- ether -wise, E)f pfeeeeding with plan develepmepA beyead the stage
at whieh th City lma i je ti Pied PUPr-eview e ffie ally tinder- , side -.,t;
W;tb etA o i fi ,-;tto „th . t; f e „ the Gor/3 xiaxity Developm ,t
DepaAffieft•3 ry-- aWlisatie f Deyel,,,.,. en4 Stage PUD shall be e side, -ed
(i) Initiation of Proceedings
A request for a PUD Concept Ph%i-Proposal Review shall be initiated by
,,,.,..1: e tie of the property owner ander other person or party having an
interest in Concept Proposal. a ther-it,. t, f;lo Dr opplicakm purouaxt to
• i�r�s�:� �r�.e�e�rrss:.tea
Page 6 City of Monticello Zoning Ordinonce
(ii) Proposal Submittal Applieatien
1. All nronosalsappheatiens for a PUD Concept PlarrProvosal Review
shall be in accordance with Section 2.3, Common Review
Requirements.
2. In addition to common review requirements, Proposals applieations
for a PUD Concept Plan Review shall also include at least the
information in Section 2.4(P)(9)(b)(iii) below to be considered
complete (except as exempted by the Community Development
Department).
(iii) Specific PUD Concept -Plan Proposal Submittal Requirements
An app1ieant-a'a�'1 p.-ovide-Tthe following information shall be provided
unless waived by staff:
1. A listing of contact information including name(s), address(es) and
phone number(s) of. the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates;
2. A listing of the following site data: Address, current zoning, parcel
size in acres and square feet and current legal description(s);
3. Ar. updated site analysis ; -aii g . additional f attic-o�
prejeet boa; oe+ting session;
4.3. A narrative explaining the ayeheaf4's proposed objectives for the
PUD, and public values that .,,e anp-11i + believes may be achieved
by the proiect;hew the ;ao„*; fie public •,uluoo for- the site afe
addressed by tho conseptplan;
5.4. A listing of general information including the number of proposed
residential units, commercial and industrial land uses by category of
use, public use areas including a description of proposed use, and any
other land use proposed as part of the PUD;
6-.5. Calculation of the proposed density of the project and the potential
density under standard zoning regulations, including both gross
density and net density, accounting for developable and
undevelopable land. Undevelopable land shall include all wetlands,
floodplains, sensitive ecological areas identified in the Natural
Resource Inventory, slopes greater than 18%, poor soils and areas of
concentrated woodlands.
-7-.6. Outline a conceptual development schedule indicating the
approximate date when construction of the project, or stages of the
same, can be expected to begin and be completed (including the
proposed phasing of construction of public improvements and
recreational and common space areas).
City of Monticello Zoning Ordinance Page 7
8-7. A Concept PUD Proposalle* illustrating the nature and type of
proposed development. At a minimum, the plan should show
a. Area calculations for gross land area
b. Existing zoning district(s)
c. Layout of proposed lots and proposed uses. Denote outlots
planned for public dedication and/or open space (schools, parks,
etc.)
d. Area calculations for each parcel
e. General location of wetlands and/or watercourses over the
property and within 200 feet of the perimeter of the subdivision
parcel
f. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel
g. Proposed sidewalks and trails
h. Proposed parking areas
i. Proposed parks, common areas, and preservation easements
(indicate public vs. private if applicable)
j. General location of wooded areas or significant features
(environmental, historical, cultural) of the parcel
k. Location of utility systems that will serve the property
1. Other: An applicant may submit any additional information that
may explain the proposed PUD.
9-.8. A listing of the areas of flexibilitv from the standard zoniniz
sou2htth t the ai31".,,,., is eek -in . throu2h the use of PUD desi:?n.
(iv) PUD Concept Plan Proposal Review
Upon receiving a eernplete—PUD concept plan
nrovosalapp}ieation, the Community Development
Department, , shall
review the r .,l .,,,d generate „ staff -ep 9rt cx'ialyzt
the pr-epocc� agu�ms
shall be fwared-te the -appropriate em-mmoc�ons--as
27—r'o nnioo1 ,
and mk- 0 -.lotion to the City Gounoil regardto the plat
1,, yetis design, deal t y uses, deN,i tieiis and .,ehieyed publieyalides e f th
eeneept plan Tho Nanning Co ffl nisi,. shall be fyspansi .l e f r the f ,-m l
eammefAs to the City Cotwx'�l. Other- staff ad eeiffimissien r-epei4s shall t,o
pr-avided t t> o fflfid ,,.,.,do „ ,ata of tho Platmiing
Gom nicr, 'an''s-rte
Page 8 City of Monticello Zoning Ordinonce
schedule a joint meeting of tThe Plannina Commission and City
Council and shall provide notice of the meeting to all property
owners within 350' of the property boundary of the proposal. shall
held a-PuJr/-- harir/-- and eensidef the a„'i:�tim'o c "
with the ; 4epA and i3timese of the PUP .,,,d , -ohms,,, Plan
eeols. Tho Cr mntiira ohall aha r^ e d, i0fis t^
the Git-,-Caux2i! orgy During the concurrent meeting, the Planning
Commission and City Council may make comment on the merit,
needed changes-, and peteet: evalties; as well as suggested
conditions which may assist the proposer in future application of
9+L -for proposed rezoning and PUD development plan.
a. The Planning Commission and City Council may also take
coniment from the public as part of the joint meeting.
fib. The Council and Plamiing Commission shall make no
formal decision as part of the consideration erthe
reeem dation of the eeffifnissions that have ^ rdueted
u re -e-, .,,.,d pro.;de f edbaek to the . ,. begat en th
prepesed polio-,uluoo, Ixapesed deviations, -and any
ethef aspeetE€ the -appheatie . The Getineil shall e;t'��,
mako a mot at th-o aprplioasl if they eheese
preeeed—move-fo7TraA � c'ra�c
^ o cW�oan -a
development appheation using tioxl z9fimg
distnc-t stafldafds. The Eeun--�l Ghall n--ke its finding
within the t;nae-allotted by Nrnarvtc+. S cction-15.99,--a-PA
may take " the applieation wit cu Planni gEo[am6ocion
Atha Plain -lm -a Gm__s_r� kw nod acted within
„t., itim days ^fits ^ al pdV.-.,o hie -The City
Council and Planning Commission's comments€mdifigs
are explicitly not an approval or decision onef the project,
and are intended to represent preliminary feedback related
to this PUD ordinance, VhL-oomT)i.-,i2oa of tho rWm--d
pfejeet with the Publie Values Statement -,the applicable
zoning regulations, and the Comprehensive Plan.
4. After- the G;t., ha-ve rvviewed and ^ ented on the Geneep
PTJD a cuff ohall xxaet
appheeblo, to m -o cpporkir;ties of paf4no -ship to enhanee the siated
publie al
(e)(b) PUD Development Stage, Preliminary Plat, and Rezoning -
Development Stage PUP
(i) Initiation of Proceedings
City of Monticello Zoning Ordinance Page 9
r,,,,^,,,...^,.t ^ "'lioationo fe f PUP Deyelai3,,,o„4 ctaee ^ ffg to
PUD, and ^ Pf- )J:rlin� Plat e -Dub muted to the r;ty w tT in on -e
of the Gity Getmeil's 4*dixgc er, tho PTJD Oe�t Plan, Failure
to 31.U1»l applieatie s for- DT D D&yel.,pme t Cto PUD
axis -a i114�:1IIf Pl&z w thi one year- of lie Gity (`.,.. eil's mfindings
will-rcEurrethe ..NY.......n......begin the N ........... .......,....,.. ,..,.,., ,.,
-2 1_RT4-te-requests for PUD Develonment Stage, rezoning to PUD and
Preliminary Plat shall be initiated by application of the property
owner or other person having authority to file an application pursuant
to Section 2.3(B), Authority to File Applications. -The Development
Stage PUD request ^ nst:t„tes ^ separate applieation and shall be
subject to nemtimelines set byf r ��^rMinn. Stat. Section
15.99.
(ii) Application
1. All applications for rezoning to PUD and Preliminary Plat shall be in
accordance with Section 2.3, Common Review Requirements.
2. The application for rezoning to PUD shall be in accordance with
Section 2.4(B), Zoning Ordinance Text and Zoning Map
Amendments.
3. The application for Preliminary Plat (as annlicable) shall be in
accordance with City Code Title 11, Chapter 4, Data Required for
Preliminary and Final Plats; and shall include the additional
information requirements listed in Section 2.4(P)(9)(c)(iii) below to
be considered complete (except as exempted by the Community
Development Department).
4. If the PUD is proposed to develop over a timeframe exceeding two
years, a PUD Phasing Plan for the entire project (to be completed in
phases) may be submitted. Subsequent PUD Final Plan applications
would only grant approval for an individual phase.
(iii) Specific PUD -Development Stage, /-Preliminary Plat and Rezoning
Submittal Requirements
An applicant shall provide a separate PUD Development Stage Plan
clearly delineating the proposed development and all features not
consistent with underlying zoning regulations (e.g. setback deviations).
At a minimum, the plan should show:
1. All required information ver Section 2.40(9)(b)(iii) of this
ordinance.
4-2. Administrative information (including identification of the drawing as
a "WeIifftiftai=y-PUD Development Stage Plan,” the proposed name of
Page 10 City of Monticello Zoning Ordinonce
the strbdiisien rp olect, contact information for the developer and
individual preparing the plan, signature of the surveyor and civil
en i neer certifying the document, date of plan preparation or revision,
and a graphic scale and true north arrow);
2-3. Area calculations for gross land area, wetland areas, wetland buffers,
right-of-way dedications, conservation areas, and proposed public and
private parks;
3-4. Existing zoning district(s);
4.5. Layout of proposed lots with future lot and block numbers. The
perimeter boundary line of the subdivision should be distinguishable
from the other property lines. Denote outlots planned for public
dedication and/or open space (schools, parks, etc.);
-5-.6. Area calculations for each parcel;
6-7. Proposed setbacks on each lot (forming the building pad) and
calculated buildable area;
-7-.8. Proposed gross hardcover allowance per lot (if applicable);
8-.9. Existing contours at intervals of two feet. Contours must extend a
minimum of 200 feet beyond the boundary of the parcel(s) in
question;
940. Delineation of wetlands and/or watercourses over the
property and within 200 feet of the perimeter of the subdivision
parcel;
X9-11. Delineation of the ordinary high water levels of all water
bodies;
4-47712. Grading drainage and erosion control plan prepared by a
registered professional engineer, providing all information outlined in
Monticello Zoning Code, Chapter 4, Section 10(C);
4-2-13. Location, width, and names of existing and proposed streets
within and immediately adjacent to the subdivision parcel;
4-3.-.14. Easements and rights-of-way within or adjacent to the
subdivision parcel(s);
44-15. The location and orientation of proposed buildings;
45-:16. Colored building elevations which detail the materials being
used;
46:17. Proposed sidewalks and trails;
418. Vehicular circulation system showing location and dimension
for all driveways, parking spaces, parking lot aisles, service roads,
loading areas, fire lanes, emergency access, if necessary, public and
private streets, alleys, sidewalks, bike paths, direction of traffic flow
and traffic control devices;
City of Monticello Zoning Ordinonce Page I
4S19. Lighting location, style and mounting and light distribution
plan.
4-9-.20. Proposed parks, common areas, and preservation easements
(indicate public vs. private if applicable);
20:21. Landscape plan prepared by a qualified professional
providing all information outlined in Monticello Zoning Ordinance
Section 4.1(D) including planting counts, sizes and species;
24-22. Location and detail of signage providing all pertinent
information outlined in Monticello Zoning Ordinance Section
2.4(K)(3)(b).
2-2-.23. Location, access and screening detail of large trash handling
and recycling collection areas in compliance with the requirements of
Monticello Zoning Ordinance Section 5.3(D)(30).
2-3--.24. Any other information as directed by the Community
Development Department.
(iv) PUD Development Stage, Preliminary Plat and Rezoning to PUD
Review
1. The application for rezoning to PUD shall be reviewed in accordance
with Section 2.4(B), Zoning Ordinance Text and Zoning Map
Amendments.
2. The application for Preliminary Plat shall be reviewed in accordance
with City Code Title 11, Chapter 3, Section 2, Preliminary Plat
Procedure.
3. As part of the review process for both applications, the Community
Development Department shall generate a Dublie Values Statefflen4
based en eensider-ation faised at the Geneept PUP r-evieW6-, an
analysis of the proposal against the expectations for PVDs and this
ordinanceand the pr-evieusly esta lisheaa .. n p ,blie_v alidest to ent
to formulate a recommendation regarding the rezoning to the
pPlanning eCommission and City Council.
4. The Pplanning Ceommission shall hold a public hearing and consider
the application's consistency with the intent and purpose of the PUD
and comprehensive plan goals. The pPlanning eCommission shall
make recommendations to the City Council on the merit, needed
changes, and suggested conditions of the proposed rezoning,
preliminary plat and PUD development plan.
5. In approving or denying the PUD Development Stage application and
ordinance to rezone the subject property to PUD, the City Council
shall make findings on the following:
Page 12 City of Monticello Zoning Ordinance
a. Whether theThe PUD plan is consistent with the city's
comprehensive plan;
b. YYtCWhether the PUD plan is tailored to the specific
characteristics of the site and achieves a higher quality of site
planning and greater public benefits than would be achieved
under conventional provisions of the ordinance;
c. He,,N-Whether the the PUD plan addresses the purpose and intent
of the PUD rezoning laid out in Section 2.4(P)(1), and the public
values statement established at the beginning of the process;
d. Tl, --Whether the PUD plan addresses the expectations of a PUD
laid out in Section 2.4(P)(7);
e. 773CWhether the PUD plan maintains or improves the efficiency
of public streets, utilities, and other public services;
f. 74tCWhether the PUD plan results in development compatible
with existing adjacent and future guided land uses;
g. Whether the PUD can be accommodated by existing public
services, such as parks, police, fire, administration, and utilities,
or the developer has provided for the growth and extension of
such services as a component of the PUD.
h. Whether the PUD is designed to take advantage of, and preserve,
the natural features of the subject property, including waterways,
forested areas, natural prairie, topography, views, etc.
6. An ordinance rezoning the property shall be prepared by the Citv
adopted, for review at the Development Staae PUD, but adoption of
such ordinance shall occur onlv upon approval of the Final Staae
PUD.t a4 ; eludes an off etive date that „ ;aes wit ,>, a QW20-Mt
,,1 ro er-diag ftho Fig! PW for- the pr-apei4y.
(d)(c) PUD Final Staee and Final Plat
(i) Initiation of Proceedings
1. A Final Staae PUD plan and final plat that conforms with the
approved Development Staae PUD and preliminary plat and
associated PUD rezoning ordinance shall be submitted and reviewed
awithin the time allotted by Minn. Stat. Section 15.99. 180 Elays
appfeval of the pFeli minvey plat appro',xI, unless other -wise extended
by the Gity Getineil. if the appliean4 fails to submit a final plat
.,1; .,t;, .,to st within this time period, the PUP
applieation shall be eansidefed void a -ad the applieaiit shall be
fe"ir-ed to begin the •,act°-rtitr the !'.,llab.,fatiye PT -A) fnee fig
2. The request for PUD Final SW!e and Final Plat shall be initiated by
application of the property owner or other person having authority to
City of Monticello Zoning Ordinance Page 13
file an application pursuant to Section 2.3(B), Authority to File
Applications.
(ii) Application
1. All applications for PUD Final Staae and Final Plat shall be in
accordance with Section 2.3, Common Review Requirements.
2. The application for PUD Final Plat shall be in accordance with City
Code Title 11, Chapter 4, Data Required for Preliminary and Final
Plats.
3. In addition to general city code requirements, applications for a PUD
Final StaLye and Final Plat shall also include at least the information in
Section 2.4(P)(9)(d)(iii) below to be considered complete (except as
exempted by the Community Development Department).
(iii) Specific PUD Final State and Final Plat Submittal Requirements
1. If a PUD Master Plan for the entire project was submitted and
approved as part of the PUD Development Sta2erfelifi+ixary plat
review, an updated Master Plan shall be submitted incorporating all
changes required by the PUD Development Stase pvliminax—f plat
approval.
2. The PUD Development Stage Plan shall be updated to incorporate all
changes required by the PUD, preliminary plat and rezoning
approvals. This document must clearly show all deviations from
standard zoning being approved as part of the PUD.
3. The City shall prepare, and the applicant shall execute, a developer's
agreement which references all PUD plans, development phasing,
required improvements, completion dates for improvements, the
required letter of credit, all required development fees, escrows, and
warranties, and any other information deemed necessary by the City.
4. The City shall, upon approval of the PUD Final State, recording of
the Final Plat, and execution of the PUD developer's
a2reement,feear- ing of the Final PW, publish the PUD Ordinance
specifying land use, densities, performance standards, and ongoing
general obligations of occupants of the PUD. Such ordinance shall
create a zoning district that is specific to the property for which the
PUD was applied, and shall be designated in such a way as to be able
to mark the official zoning map to identify the PUD ordinance. The
PUD ordinance shall also designate that such property is thereby
rezoned to the PUD district as adopted.
5. Up-to-date title evidence for the subject property in a form acceptable
to the City shall be provided as part of the application for the PUD
Final Plat.
Page 14 City of Monticello Zoning Ordinance
6. Developer shall provide warranty deeds for Property being dedicated
to the City for all parks, outlots, etc., free from all liens and
encumbrances except as otherwise waived by the City Council.
7. Developer shall provide all easement dedication documents for
easements not shown on the final plat including those for trails,
ingress/egress, etc., together with all necessary consents to the
easement by existing encumbrancers of the property.
(iv) PUD Final Stage and Final Plat Review
The application for PUD Final Stage and Final Plat shall be considered by
the City Council at a public meeting, following a review and reyort.by the
Community Development Department. The City � raut cl rsay refer the
applieable omnmioGians, if aes1Yea. Approval of the PUD Final Stage and
Final Plat shall be by simple majority vote of the City Council, except
where State law may specifically require a supermajoritv.r-evie e m
aeear,daneewith G45, Code Title 11, Chapte - 3 geet;en 3 Nnal %t
e
(10) PUD Amendments
Approved PUD's may be amended from time to time as a result of unforeseen
circumstances, overlooked opportunities, or requests from a developer. At such a
time, the applicant shall make an application to the city for a PUD amendment.
All such amendments will be processed as one of the following:
(a) Administrative Amendment — The Community Development Department may
approve minor changes in the location, placement, and height of buildings if
such changes are required by engineering or other circumstances, provided the
conform to the review criteria applied by the Planning Commission and City
Council, and are consistent with all requirements of the PUD ordinance.
Under no circumstances shall an administrative amendment allow additional
stories to buildings, additional lots, or changes to designated uses established
as part of the PUD. An Administrative Amendment shall be memorialized via
letter signed by the Community Development Director and recorded against
the PUD property.
(b) PUD Adjustment — an adjustment to a PUD may be made through review and
approval by a simple majority vote of the City Council with or without
referral to the Planning Commission. For a PUD Adjustment, the applicant
shall follow the procedures and requirements of the PUD Final Stage as
identified in this Chapter. A PUD Adjustment shall be memorialized with an
amendment to the PUD Development Agreement, executed by the City and
City of Monticello Zoning Ordinance Page 15
applicant, and recorded against the PUD movertv. To qualify for this review,
the minor adjustment shall not:
(i) Eliminate, diminish or be disruptive to the preservation and protection of
sensitive site features.
(ii) Eliminate, diminish or compromise the high quality of site planning,
design, landscaping or building materials.
(iii) Alter significantly the location of buildings, parking areas or roads.
(iv) Increase or decrease the number of residential dwelling units by more
than five percent.
(v) Increase the gross floor area of non-residential buildings by more than
three percent or increase the gross floor area of any individual building by
more than five percent (residential lots not guided for specific structure
sizes are excluded from this requirement).
(vi) Increase the number of stories of any building.
(vii) Decrease the amount of open space or alter it in such a way as to change
its original design or intended function or use.
(viii) Create non-compliance with any condition attached to the approval of the
Final PUD Plan.
(c) PUD Amendment — any change not qualifying for an administrative
amendment or a PUD adjustment shall require a PUD amendment. An
application to amend a PUD shall be administered in the same manner as that
required for an initial PUD beginning at PUD Development Stage and
Preliminary Plat.
(11) PUD Cancellation
A PUD shall only be cancelled and revoked upon the City Council adopting an
ordinance rescinding the ordinance approving the PUD. Cancellation of a PUD
shall include findings that demonstrate that the PUD is inconsistent with the
Comprehensive Plan or other application land use regulations, threatens public
safety, health, or welfare, or other applicable findings in accordance with law.lrt
any event, :t shall not be neeessafy f the , ,,;1 to find the , e tief e f ., PUP
a PUD ohall : ,.ludo , e �; r
o agtioutu: , eCcux�l nwy
objeetives of the Gewtpr-eheasive Pic -m.
(12) Administration
In general, the following rules shall apply to all PUDs:
Page 16 City of Monticello Zoning Ordinance
(a) Rules and reeulations: No requirement outlined in the PUD process shall
restrict the City Council from taking action on an application if necessary to
meet state mandated time deadlines;
(b) Preconstruction: No building permit shall be granted for any building on land
for which a PUD plan is in the process of review, unless the proposed
building is allowed under the existing zoning and will not impact, influence,
or interfere with the proposed PUD plan.
(c) Effect on Conveved Pronertv. In the event any real property in the approved
PUD Agreement is conveyed in total, or in part, the buyers thereof shall be
bound by the provisions of the approved Final PUD Plan constituting a part
thereof as well as the PUD zoning ordinance; provided, however, that nothing
herein shall be construed to create non -conforming lots, building sites,
buildings or uses by virtue of any such conveyance of a lot, building site,
building or part of the development created pursuant to and in conformance
with the approved PUD.
City of Monticello Zoning Ordinance Page 17