Planning Commission Agenda 02-01-2000
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AGENDA
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, February 1,2000
Members:
Dick forie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragstcn
Council Liaison:
Clint Herbst
Staff:
JefT O'Neill, Fred Patch, Steve Grittman and Lori Kraemer
Call to order.
Approval of minutes of the regular meeting held January 4, 2000.
Consideration of adding items to the agenda.
Citizens comments.
Public Hearing - Consideration of an ordinance amendment allowing accessory storage
buildings as a conditional use in a mobile home park. Applicant: Morton Buildings Inc.
for Kjellberg's Mobile Home Park.
Public Hearing - Consideration of a request for a conditional use permit allowing an
accessory storage building in a mobile home park. Applicant: Morton Buildings Inc. for
Kjellberg's Mobile Home Park.
6. Consideration of amending Subdivision Ordinance by accepting pre-certified survey data
with each simple subdivision application.
7. Discuss potential for video taping Planning Commission meetings.
8. Enforcement Action Update:
./ Morrell Trucking - Council authorized legal action, verbal report.
./ Royal Tire - verbal report.
./ Weber Home Occupation - verbal report.
9. Adjourn
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Planning Commission Minutes - 01/04/00
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, January 4, 2000
Members:
Dick Frie, Robbie Smith. Roy Popilek, Richard Carlson, Rod Dragsten
Council Liaison:
Clint Herbst arrived at 7:15 p.m.
Staff:
leffO'Neill, Fred Patch, Steve Grittman and Lori Kraemer
1. Call to order.
Chair Frie called the meeting to order at 7:00 p.m.
2. Approval of minutes of the re!.!ular meetine held December 7" 1999.
ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE DECEMBER
7,1999 REGULAR PLANNING COMMISSION MEETING. ROD DRAGSTEN
SECONDED THE MOTION. Motion carried.
3.
Consideration of addin!.! items to the agenda.
Chair Frie asked for an update regarding a code amendment formally allowing payment
to Plmming Commission members for attendance at special Planning Commission
meetings called by applicants. lefT O'Neill, Deputy City Administrator stated that this
was discussed at City Council meeting and staff is checking into other communities
regarding compensation paid to members of all types of commissions. leff O'Neill also
stated that the Planning Commission member terms would be on the City Council agenda
for 1/10/00.
Chair Frie also requested an update from Fred Patch, Building Official, on the status of
Wildwood Ridge occupancy and building permits being held. leff O'Neill advised that
there are approximately 13 buildings at this time and there appears to be a deficiency in
the assessment payments expected. We hope to resolve issues in the near future and are
working to keep the development from falling behind in assessment payments.
Roy Popilek asked to be updated on the lay Morell Trucking ordinance violations. This
was put under item 11 b.
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Citizens comments.
None
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5.
Consideration of a request for an amendment to a Conditional Use Permit Planned
Unit Development within the CCD Zoning District to allow an expansion of the
Sunny Fresh industrial facility. Applicant: Sunny Fresh Foods.
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Steve Grittman provided the report stating the applicant is seeking an amendment to their
Conditional Use Permit to accommodate an expansion of their facility along 4th Street
between Walnut and Linn Streets. The Conditional Use Permit covers the Planned Unit
Development previously granted, and the CUP requirement which is now a part of the
CCD zoning district. This application is being addressed as a concept stage PUD to
provide site planning feedback to the applicant prior to the development of final plans. It
was also noted that Sunny Fresh has been in total compliance with their previous
conditions.
Some comments provided by Steve Grittman and staff included improvements to or
vacation of Linn Street, paving and curbing for the "Truck Staging Area", screening, 5th
Street encroachments, curbing setback, buffer yard encroachment, parking, pedestrian
traffic and discussion regarding the Methodist Church property.
Staff also discussed the possibility of a pathway along the 5th Street right~of-way. The
advantage of a pathway in this location is that it could run through the core of the
community, connecting the elementary and middle schools, the Broadway path on either
end, and pass directly by the Community Center. This pathway would probably be best
located on the north side of the rail track, and would not likely be a part of the Sunny
Fresh project.
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It was also noted that the Design Advisory Team reviewed the plan and recommended
approval contingent on completion of landscaping improvement noted in this report. The
DA T has not reviewed the Planner's recommendation that sidewalk be installed on 4th
Street. The initial view by DA T was that sidewalk on 4th Street should not be installed
with pedestrian traffic detoured to a future yh/Railroad pathway. Jeff O'Neill stated that
a Walnut Street sidewalk installation should be considered in conjunction with the Sunny
Fresh project.
Chair Frie opened the public hearing. Jeff Bums, Little Mountain Feed, states he would
be opposed to running Linn St across the tracks. His intent on enlarging his store was for
store traffic and feels that with the Sunny Fresh plans the traffic pattern would be
interfered with. He would like to see a pathway along Linn Street., but strongly opposes
a thru way for vehicular traffic.
Don Roberts, representative for Sunny Fresh Foods, noted their plans for expansion and
stated that abandonment of Linn Street is not necessary for the success of their expansion.
It was noted that neither Sunny Fresh Foods nor Little Mountain Feed was in favor of
making Linn Street a thru street.
Chair Frie closed the public hearing. Jeff O'Neill, Deputy City Administrator, advised
that the staff was not trying to push for Linn Street to be a thru street but rather the .
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Planning Comm ission Minutes - 01/04/00
possibility of preserving it for future use if ever deemed necessary. There was discussion
among th~ members regarding Linn Street and the installation of a side walk either on 4th
Street, Walnut Street, and on the Railroad ROW. The members also agreed that vacation
of Linn Street could be considered if requested by adjoining property owners. It was
decided not to make any decisions on Linn Street at this point.
ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF THE CONCEPT
PLAN FOR THE SUNNY FRESH CUP/PUD AMENDMENT SUBJECT TO
CONSIDERATION OF THE ISSUES RAISED IN THIS REPORT, BASED ON A
FINDING THAT THE EXPANSION IS APPROPRIATE FOR THE SITE AND
THE NEIGHBORHOOD AND WILL RESULT IN A MORE ACCEPTABLE
OPERA TION OF THE SITE. MOTION INCLUDES A RECOMMENDATION
TO LEAVE LINN STREET AS A PUBLIC ROW AT THIS TIME AND TO
RECOMMEND INST ALLA TION OF P A THW A Y ALONG 3T11 STREET ROW
(RAILROAD), AND NOT INST ALL SIDEWALK ON 4TH STREET AT THIS
TIME. RICHARD CARLSON SECONDED THE MOTION. ROBBIE SMITH
AMENDED THE MOTION REQUESTING TO INCLUDE THE
RECOMMENDATION BY STEVE GRITTMAN OF HIS ALTERNATIVE
LAYOUT REGARDING PARKING. DICK FRIE SECONDED THE AMENDED
MOTION. ROY POPILEK NOTED HIS OPPOSITION TO EXCLUDING THE
INSTALLATION OF A SIDEWALK ON 4TH STREET. Motion carried 4 to 1 with
ROY POPILEK OPPOSING.
There was further discussion regarding the sidewalk issue and Jeff O'Neill added that if
the City was unable to get permission from BN to allow a pathway on the edge of the 5th
Street right-of-way, then the issue of whether or not to put sidewalk on 4th Street could be
revisited. Don Roberts, Sunny Fresh, added that a majority of their parking will shift
over to the former Methodist Church site at some point, and as far as the sidewalk is
concerned their preference is to not have a sidewalk there, but noted again that Sunny
Fresh would not object if the City preferred a sidewalk on 4lh Street.
6.
Public Hearing - Consideration of a zoning: text amendment definine minimum lot
width as measured at front yard building set-back line.
Jeff O'Neill, Deputy City Administrator, provided the report asking the Planning
Commission to consider making a minor amendment to the definitions section of the
zoning code clarifying the definition of lot width. It is proposed that the language be
modified by modifying the code as follows. "Lot width is the shortest horizontal
distance between the side lot lines measured at the front yard building setback line".
This issue arose when Dan Mielke purchased property from the City thinking that he had
purchased a buildable lot. When he checked the lot width requirements it was his
interpretation that the lot was not buildable because it did not meet the minimum lot
width across the entire length of the lot. Adoption of the amendment creates code
language that more clearly reflects common practice.
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Chair Frie opened the Public Hearing. Dan Mielke, Monticello, stated his concern was
that they ~ere told the lot was not buildable. They did purchase this property but their
attorney stated this was too small a piece of property to build on according to his
interpretation of the City code. Mr. W olfsteller provided a letter of interpretation to Mr.
Mielke stating that this was a buildable lot but, Mr. Mielke stated this was not sufficient.
He was advised to seek a variance to make sure that he has what he believes to be a
buildable lot. When asked by Frie if the ordinance amendment satisfies Mielke's
concerns, Mielke stated that the ordinance amendment will clarify the fact that he owns a
buildable lot.
Chair Frie closed the public hearing. It was clarified that Mr. Mielke's lot was a buildable
lot and this amendment is only for the purpose of clarification.
ROBBIE SMITH MOVED TO ADOPT THE PROPOSED ORDINANCE
AMENDMENT, BASED ON THE FINDING THAT THE AMENDMENT IS
NECESSARY TO CLARIFY CODE INTERPRET A TION AND TO REFLECT
PAST PRACTICE. RICHARD CARLSON SECONDED THE MOTION. Motion
carried.
7. Public Hearinll- Consideration of a zonin~ text amendment that clarifies curb cut
reauirements in residential districts. Zoninf: Administrator
Fred Patch, Building Official, provided the staff report stating this is basically a house-
keeping issue.
We have interpreted the ordinance to mean that the driveway width across the boulevard
area of the public street must not exceed 24 feet in residential districts. Unfortunately,
our interpretation and the words of the ordinance differ. The ordinance language of "curb
cut access" is not defined by the zoning code therefore it was suggested that the ordinance
state what is intended and this change will assist in enforcement of the ordinance and
retain the aesthetic standards intended.
The maximum driveway width between the vublic street and the vrovertv line
shall not exceed twenty-four (24) feet with the following exception;s.:
L Within all districts, a five foot radius curb may be constructed at the
vublic street in addition to the maximum driveway width allowed.
b. Curb cut access in industrial and commercial zoning districts may exceed
twenty-four (24) feet with the approval of the City Engineer and the
Zoning Administrator. Denial by the City Engineer and Zoning
Administrator of curb cut access in excess of twenty -four (24) feet may be
appealedfollowing the procedures outlined in Chapter 23 of the zoning
ordinance.
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Chair Frie opened the public hearing and noting no one present, the public hearing was .
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closed.
ROBBIE'SMITH MOVED TO RECOMMEND TO THE CITY COUNCIL THAT
THE ORDINANCE AMENDMENT CLARIFYING MAXIMUM DRIVEWAY
WIDTH BE ADOPTED. ROY POPILEK SECONDED THE MOTION. Motion
carried.
8.
Consideration of an amendment to the Comprehensive Plan for land west of
Kjellbere West Mobile Home Park. Apolicant: City of Monticello.
Steve Grittman provided the staff report noting the request to add language to the City's
Comprehensive plan which would add language to better define the proposed "Mid to
High Density" Residential land use category for land west of the Kjellberg West Mobile
Home Park. The intent of the language is to indicate that this category is reserved for
higher density attached housing of higher development quality, and suggesting that lower
cost entry level housing was in adequate supply in other parts of the community. Staff
provided a proposed modification as follows:
In the extraterritorial areas of the community, medium to high density
residential is expected to mean attached housing such as twin homes or
townhomes in the range of four to eight units per acre. In keeping with the
City's overall housing goals, most of these projects are expected to be
processed with the City's Planned Unit Development zoning technique
with an intent to increase project quality and value.
For the purposes of this section. increased qualitv and value is presumed to
mean that housing in this land use categorv would be priced in the upper
60% of the range of housing prices prevalent in the community at the time
of development To encourage higher quality. the City will review such
housing projects with an expectation that extraordinary proiect amenities
are offered as a part of the proiect. Amenities may include substantial
areas of private open space and recreational facilities. public open space
opportunities where the natural features of the site are appropriate.
preservation of native plant associations. orofessionally designed
landscape features. and other similar concepts..
ROY POPILEK MOVED TO RECOMMEND APPROVAL OF THE
COMPREHENSIVE PLAN AMENDMENT AS PROPOSED, BASED ON A
FINDING THAT THE EXISTING PLAN LANGUAGE NEEDS CLARIFICATION
TO PROVIDE LAND USE DIRECTION WHICH REFLECTS THE CITY'S
INTENT. ROBBIE SMITH SECONDED THE MOTION. Motion carried.
Consideration of a proposed amendment to the Sh:n Ordinance to allow electronic
messa!!e board si!!ns in certain districts. Applicant: City of Monticello.
Steve Grittman provided the report noting that staff had provided an amended sign
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ordinance for electronic message board signs for Planning Commission review. The
changes from the previous draft are as follows:
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The allowable districts now include the B-3 and B-4 (as previously), together with
a portion of the CCD which would be parcels directly fronting on Highway 25,
south of 4th Street. This would keep such signs out of the downtown areas which
are designed to be more pedestrian oriented, such as Walnut and Broadway.
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· The size of the electronic message board is now limited to a maximum of 70
square feet, or 50% of the size of the allowable pylon, whichever is less.
Therefore, if the allowable pylon sign area were 100 square feet, the applicant
could only have 50 square feet of electronic message board.
There was discussion by the members regarding the properties south of 4th Street and how
that would exclude some businesses. It was suggested to include parcels directly fronting
on Highway 25, south of 3rd Street.
ROBBIE SMITH MOVED TO RECOMMEND APPROVAL OF THE
AMENDMENT WITH THE CHANGE IN A PORTION OF THE CCD WHICH
WOULD INCLUDE PARCELS DIRECTLY FRONTING HIGHWAY 25, SOUTH
OF 3RD STREET. MOTION BASED ON THE FINDING THAT THE
AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
RICHARD CARLSON SECONDED THE MOTION. Motion carried.
10.
Consideration of an amendment to the Zoning Ordinance to allow for the deferral
of parkin!! lot paving and/or curbing requirements. Applicant: Citv of Monticello.
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Steve Grittman provided the members with a revised ordinance noting the addition of
items vii and viii. He also noted a list of situations which would allow for deferrals of
paving, curbing and landscaping by conditional use permits.
Chair Frie opened the public hearing. With no one present, the public hearing was
closed.
It was noted by the members after further discussion that any requests for deferrals would
have to have the approval of the City Engineer.
ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF AN
AMENDMENT TO THE ZONING ORDINANCE TO ALLOW FOR THE
DEFERRAL OF PARKING LOT PAVING AND/OR CURBING
REQUIREMENTS. MOTION BASED ON THE FINDING THAT THE
AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
RICHARD CARLSON SECONDED THE MOTION. Motion carried.
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11.
Set Planning Commission meeting dates where conflicts occur in 2000.
The Planning Commission members were asked to reschedule three of their regular
meeting dates for 2000.
ROBBIE SMITH MOVED TO CHANGE THE TIME OF THE MEETING OF
MARCH 7, 2000 FROM 7:00 P.M. TO 4:00 P.M. WITH A TERMINATION OF
MEETING TIME TO BE NO LATER THAN 6:00 P.M. DUE TO THE PRECINCT
CAUCUS. ROD DRAGSTEN SECONDED THE MOTION. Motion carried.
ROD DRAGSTEN MOVED TO RESCHEDULE THE MEETING DATE OF JUL Y
4,2000 TO JUL Y 5, 2000 AT 7:00 P.M. DUE TO THE FOURTH OF JULY
HOLIDAY. ROBBIE SMITH SECONDED THE MOTION. Motion carried.
ROY POPILEK MOVED TO RESCHEDULE THE MEETING DATE OF
NOVEMBER 7, 2000 TO NOVEMBER 8, 2000 AT 7:00 P.M. DUE TO ELECTION
DA Y. DICK FRIE SECONDED THE MOTION. Motion carried.
Update on Jay Morrell Trucking Ordinance Violation.
Jeff O'Neill advised the Planning Commission that statT was given direction to look into
this situation by the Mayor. Jeff noted he has tried to contact Mr. Morrcll but to no avail.
He stated he would report back to the Mayor with his findings. Clint Herbst, Council
Liaison, asked that the Planning Commission direct staff to bring this item to City
Council and advised staff to proceed with addressing this issue further. It was also
suggested to bring this matter to the attention of the City Attorney to get his direction.
ROY POPILEK MOVED TO RECOMMEND THAT PLANNING COMMISSION
GET DIRECTION FROM CITY COUNCIL AS THEY SEE FIT TO ADDRESS
THIS NON-COMPLIANCE ISSUE. DICK FRIE SECONDED THE MOTION.
Motion carried.
Jeff O'Neill updated the members on a previous non-compliance issue regarding
Automax stating they had removed signage and were no longer parking in the cul-de-sac
area.
Fred Patch updated the members on the Royal Tire outdoor storage issue stating he had
met with the new manager and instructed him to remove junk cars which were parked out
in front of their building. He also stated that per their manager, one of the owners was
meeting with their architect to further resolve the problem
Robbie Smith asked staff to include any non-compliance issues in the agenda packets at
the time they are delivered.
It was asked of staff as to the situation with Wildwood Ridge building permits not being
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Planning Commission Minutes - 01/04/00
issued at this time. Fred Patch and Jeff O'Neill advised that there were special
assessment issues that have not been resolved and they are in the process of rectifying
this matter with the developer.
12. Adiourn.
ROY POPILEK MOVED TO ADJOURN THE MEETING AT 9:30 P.M. ROD
DRAGSTEN SECONDED THE MOTION. Motion carried.
Lori Kraemer, Recording Secretary
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Planning Commission Agenda - 02-01-00
5.
Consideration of a Zoning Text Amendment to allow accessory storaee in an R-4,
Mobile Home Park District, and a Conditional Use Permit to allow the construction
of a storaec buildine in an R-4 ZoniD1! District. Applicant: Kjellberg's Inc. (NAC)
A. BACKGROUND
Kjellberg's wishes to provide an additional storage building for the use of park tenants
adjacent to the existing storage building in Kjellberg's East Mobile Home Park. The new
storage building would be 24 feet wide by 221 feet in length, and located about 43 feet
south of the existing storage building. The fenced enclosure would be reconfigured to
utilize the buildings as a major portion of the enclosed storage yard, leaving a larger "rear
yard" space for some of the existing homes, and providing a more eilective screening.
To accomplish this, the R-4, Mobile Home Park District needs to be amended to
specifically refer to this use. In this district, storage buildings are currently not
mentioned as allowed accessory uses. The amendment would reflect the current use of
the property. The area is designated for low to medium density residential use in the
Comprehensive Plan. Surrounding land uses are vacant commercially zoned property to
the north, and vacant unincorporated land to the south.
The applicant has submitted a site plan bascd on map taken from aerial photography. It
shows the proposed location of the storage building relative to the buildings in the area,
including the other storage building and the surrounding mobile homes. The plan does
not identify the type of building materials. Except f(Jr the relocated fence, the plan does
not show any other site improvements proposed in conjunction with the new building.
The Zoning Ordinance does not specify a surfacing rcquirement for anything other than
roadways and driveways in Mobile Home Parks, except to require that other areas be
surfaced to control dust and drainage. While paved surfacing would be the most durable
and least likely to result in an unsightly property condition, a gravel surface would serve
the requirements of the ordinance. As noted, the site plan docs not indicate the proposed
surfacing material. The City should require that it be paved or surfaced with gravel, and
not left in grass or exposed soil.
The new building will result in changing the fence location, screening most of the
enclosed portion from mobile homes to the south. However, the open yard area will be
more visible to mobile homes to the north. It would be worthwhile to consider a row of
evergreen shrubs along the new fence line which will help screen the open storage yard
from views into the enclosure. The screening in question would not affect views from the
roadway, and should not reduce security.
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Planning Comm ission Agenda - 02-01-00
B.
ALTERNATIVE ACTIONS
Decision 1. Text Amendment to the R-4, Mobile Home Park District
1. Motion to recommend approval of the text amendment, based on a finding that
storage buildings in mobile homes parks would help to minimize unsightly
outdoor storage of privately owned property.
2. Motion to recommend denial of the amendment, based on a finding that the land
use should eventually transition to another use, leaving the mobile home park as a
legal non-conforming use.
3. Motion to table action on the amendment, subject to additional information.
Decision 2. Conditional Use Permit for the Addition of a Storage Building.
1. Motion to recommend Conditional Use Permit approval based on a finding that
the proposed building is consistent with the existing and future land use of the
area, contingent upon compliance with the surfacing and screening
recommendations of Exhibit Z.
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2.
Motion to recommend denial of the CUP, based on denial of the text amendment
and that the building would constitute an expansion of a non-conforming use.
3. Motion to table action on the CUP, subject to additional information.
C. STAFF RECOMMENDA nON
Staff recommends approval of the text amendment based on the finding in Decision 1,
Alternative 1. The mobile home park is the likely long-term land use of this area, and is
consistent with the low/medium density residential land use recommendations of the
Comprehensive Plan. For the foreseeable future, it is highly unlikely that the land use
would change significantly due to the investments made in the property. Moreover,
storage buildings would help to minimize problems related to the outdoor storage of
private property in this area where available indoor storage is otherwise limited.
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Staff further recommends approval of the CUP, based on the conditions listed in Exhibit
Z. With reasonable surfacing of the storage area, and screening along the north boundary,
the site should provide a service which will help to minimize unsightly outdoor storage in
the mobile home park.
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Planning Commission Agenda - 02-01-00
D.
SUPPORTING DATA
Exhibit A - Site Plan
Exhibit B - Draft Ordinance
Exhibit Z - Conditions of Conditional Use Permit Approval
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CITY OF MONTICELLO, MINNESOTA
Ordinance No.
AN ORDINANCE AMENDING SECTION 9-4, OF THE MONTICELLO ZONING
ORDINANCE BY ESTABLISHING AN ALLOWANCE FOR ACCESSORY STORAGE
BUILDINGS AS CONDITIONAL USES IN THE R-4 ZONING DISTRICT.
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1.
Section 9-4 [A] is hereby amended to read as follows:
[A] Accessory Storage Buildings, subject to the following conditions:
1. If associated with any open storage, the storage area is screened from
surrounding mobile home units.
2. The storage area is surfaced to control dust and drainage.
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The storage area and building(s) are for the sole use of the residents
of the Mobile Home Park, and are not available for use by non-
residents.
Section 2.
This Ordinance shall be in full force and effect from and after its passage and publication.
Roger Belsaas, Mayor
ATTEST:
Rick W olfsteller, City Administrator
AYES:
NAYS:
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Conditions of Conditional Use Permit Approval for Kjellberg East Storage Building
1. Surfacing of the storage area within the fenced enclosure to control dust and drainage.
This may be accomplished by either gravel surface or paved surface, to be reviewed and
approved by the City Engineer.
2. Screening of the storage area from view of the mobile home units to the north. This may
be accomplished by a continuous evergreen shrub planting along the fence line to the east
and north of the storage area.
3. Storage area is for the private use of residents of the mobile home park and will not be
made available for rent to non-mobile home park residents.
4. Comments and recommendations of other City Staff.
Exhibit Z .. Conditions of Approval
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Planning Commission Agenda - 02-01-00
6.
Consideration of amendin~ Subdivision Ordinance by accepting pre-certified survey
data with each simole subdivision application.
A. BACKGROUND
The Planning Commission is asked to consider accepting simple subdivision applications
containing information via pre-certified survey data. Our current ordinance requires
submittal of a certified survey as part of the original application. The requirement to
produce a certified survey would come after City Council approval. There are four main
reasons for the proposed change.
1.
2.
Uncertified survey data contains su11lcient detail fe)r decision making.
Requiring certification prior to consideration by the Planning Commission adds
significant cost without providing additional information for decision making. If
the application is turned down, the dollars for the certification are wasted.
In the past, City Staff and the Planning Commission have accepted simple
subdivision data without first having it certified. This amendment would result in
the ordinance matching practice.
The certification requirement is important. Under the proposed amendment
certification of the survey data would occur after City Council approval and
become the basis for recording the lot split.
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B. ALTERNATIVE ACTIONS
I. Motion to recommend adoption of ordinance amendment accepting pre-certified
survey data with simple subdivision applications.
2. Motion to deny adoption of ordinance amendment.
Planning Commission could take the position that we should be accepting simple
subdivision requests as noted by ordinance. Providing a certified survey prior to
review might avoid the potential problem of discovering of a survey data error in
the survey after City review.
C. STAFF RECOMMENDATION
Staff recommends Alternative 1 for reasons listed above.
D. SUPPORTING DATA
Copy of proposed ordinance amendment.
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11-1-5:
11-1-6:
11-1-7:
11-1-8 :
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Planning Commission Agenda - 02-0 I-DO
CONDITIONS FOR RECORDING: No plat of any subdivision shall bc cntitled
to record in the Wright County Register of Deeds OHice or have any validity until
the plat thcrcof has been prepared, approved, and acknowledged in the manner
prescribcd by this ordinancc.
HUIL,DING PERMITS: No building permits will be considered for issuance by
thc City of Monticello for the construction of any building, structure, or
improvement to the land or to any lot in a subdivision as defined herein until all
requirements of this ordinance have been fully complied with.
EXCEPTIONS: When requesting a subdivision, if either of the following two
conditions exist, the subdivider is required to present a certificate of survey,
survev data describing the proposed subdivision, have the subdivision rcviewed
by the Planning Commission, reviewed and approved by the City Council, and
adhere to the park dedication requirements spelled out in the ordinance, Section
11-6-1 through 11-6-5, and all other subdivision requirements shall be waived.
Upon approvaL subdivider must provide City Staff with a certificd survev
describing thc approved subdivision.
(A)
In the case of a request to divide a lot which is part of an existing lot of
record where the division is to permit the adding of a parcel of land to an
abutting lot or to create two lots and thc newly created property line will
not cause the other remaining portion of the lot to be in violation with this
ordinance or the zoning ordinance, except that no such division of a lot or
parcel shall bc permitted when said division shall create a lot or parcel that
is in violation of Chapter 8, Subdivision 11-8-2, of this ordinance.
(# 148, 9/9/85)
(B) Such division results in parcels having an area of five (5) acres or more
with frontage on a public right-of-way measuring three hundred (300) feet
or more and when such division does not necessitate the dedication of a
public right-of-way; or if a lot which is part of a plat recorded in the office
of the Rcgister of Deeds of Wright County is to be dividcd and such
division will not cause any structure on the lot to be in violation of the
Zoning Ordinance or said new portions of lots to be in violation of City
Ordinance.
(#33, 7/27/77)
SEPARABILITY: If any scction, subscction, sentence, elause, or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the
val idity of the rcmaining portions of this ordinance.
CONFLICT: Whenever there is a difference betwccn minimum standards or
dimcnsions specified herein and those contained in other official regulations,
rcsolutions, or ordinanccs of the City, the highest standards shall apply.
TITLE XIIChpt I/Page 2
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MONTICELLO SUBDIVISION ORDINANCE