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Planning Commission Agenda 01-14-2015 AGENDA MONTICELLO PLANNING COMMISSION REGULAR MEETING Wednesday, January 14th, 2015 - 7:30 PM Mississippi Room, Monticello Community Center Commissioners: Chairman Brad Fyle, Linda Buchmann, Alan Heidemann, Sam Murdoff Council Liaison: To be determined Staff: Angela Schumann, Steve Grittman - NAC, Ron Hackenmueller ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED MEMBERS (City Administrator Jeff O’Neill) 1. Call to order. 2. Consideration to Elect Officers. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Consideration to approve Planning Commission minutes. a. Special Meeting – December 2nd, 2014 b. Regular Meeting – December 2nd, 2014 6. Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1 – Use Table, Section 2 – Use-Specific Standards and Section 3 – Accessory Use Standards and Chapter 8, Section 4 – Definitions as related to regulations for Solar Energy Systems. Applicant: City of Monticello 7. Consideration of a recommendation as related to Interim Ordinance #568 for Temporary Signage. 8. Consideration of recommendations regarding amendments to City Code, Title 2, Chapter 1 - Planning Commission. 9. Consideration to appoint a representative to the Transportation Advisory Committee. 10. Consideration to review for discussion the Land Use Application Process. 11. Adjourn. PlanningCommissionAgenda:1/14/15 2.ConsiderationtoElectOfficers.(AS) A.REFERENCEANDBACKGROUND: ThePlanningCommissionisaskedtotakeactiontoelectforpositionsofChair andViceChairoftheCommissionfor2015. Atpresent,theCitycodeforPlanningCommissionrequiresthattheCommission electachairfromitsappointedmembersforatermofoneyear,andotherofficers asitdetermines.ThePlanningCommissionhasinthepastelectedaViceChair, inaddition.TheViceChairhasfulfilledthedutiesofthechairintheeventof absence. CurrentlyCommissionerFyleservesasChairoftheCommission.Former CommissionerGablerservedasViceChair. B.ALTERNATIVEACTIONS: Decision1:ChairPosition 1.MotiontonominateCommissioner_____________asChairofthe PlanningCommissionfor2015. 2.Motionofother. Decision2:ViceChairPosition 1.MotiontonominateCommissioner___________________asViceChair ofthePlanningCommissionfor2015. 2.Motionofother. C.STAFFRECOMMENDATION: None. D.SUPPORTINGDATA: A.CityCodeTitle2,Chapter1-PlanningCommission MONTICELLOCITYCODE TITLEII/Chapter1/Page1 CHAPTER1 PLANNINGCOMMISSION SECTION: 2-1-1:Composition 2-1-2:Organization;Meetings 2-1-1:COMPOSITION: (A)ThePlanningCommissionshallconsistoffivemembersappointedbythe Council.AllmembersshallberesidentsofthecityofMonticelloand shallhaveequalrightsandprivileges. (3/10/14,#593) (B)Allmembersshallbeappointedforthreeyearterms;however,saidterm maybeterminatedearlierbytheCouncil.Onemembershallholdoffice untilDecember31,2000;twomembersshallholdofficeuntilDecember 31,2001andtwomembersshallholdofficeuntilDecember31,2002. Annuallythereafter,appointmentsshallbemadeforthetermofthree years.Saidtermsaretocommenceonthedayofappointment.Vacancies duringthetermsshallbefilledbytheCouncilfortheunexpiredportionof theterm.Everyappointedmembershall,beforeenteringuponthe dischargeofhisduties,takeanoaththathewillfaithfullydischargethe dutiesofhisoffice.Allmemberswhoattendatleastonemonthlymeeting shallreceivecompensationof$50.00forthatmonth. (1/10/00,#337) (C)Allmemberswhoattendaspecialmeeting,requestedbyanapplicantwho paysaspecialmeetingfeesetbytheCity,shallreceiveadditional compensationof$50foreachspecialmeetingattended. (11/22/99,#336) 2-1-2:ORGANIZATION;MEETINGS: (A)TheCommissionshallelectachairfromamongitsappointedmembersfor atermofoneyear,andtheCommissionmaycreateandfillsuchother officesasitmaydetermine. (B)ThePlanningCommissionshallholdatleastoneregularmeetingeach month.ThismeetingshallbeheldonthefirstTuesday.Regularmeetings shallcommenceat6:00p.m.Hearingsshallbeheardassoonthereafteras possible.ThePlanningCommissionshalladoptrulesforthetransaction ofbusinessandshallkeeparecordofitsresolutions,transactions,and MONTICELLOCITYCODE TITLEII/Chapter1/Page2 findings,whichrecordshallbeapublicrecord. (C)SpecialmeetingsmaybecalledbytheChair,asneeded,andshallbe coordinatedwithcitystaff. (3/10/14,#593) MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Tuesday, December 2nd, 2014 - Academy Room, Monticello Community Center Present: Brad Fyle, Sam Burvee, Charlotte Gabler, Alan Heidemann Absent: None Others: Angela Schumann, Jeff O’Neill, Clint Herbst, Brian Stumpf, Tom Perrault, Lloyd Hilgart 1. Call to order Brad Fyle called the special meeting to order at 4:30 p.m. 2. Purpose The purpose of the special meeting is to interview applicants for the expiring positions on the Planning Commission. 3. Planning Commissioner Interviews Jeff Christen, Sam Murdoff and Linda Buchmann each shared their qualifications and responded to questions during individual interviews with the Planning Commission. Angela Schumann indicated that the Planning Commission would recommend the appointment of two of the candidates as part of the regular meeting to follow at 6 p.m. Schumann also noted that the Planning Commission recommendation would move forward for City Council consideration at the January 12th, 2015 Council meeting. 4. Adjournment BRAD FYLE MOVED TO ADJOURN THE SPECIAL MEETING AT 5:44 P.M. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 4-0. Recorder: Kerry Burri __ Approved: Attest: ___________________________________________ Angela Schumann, Community Development Director 1 MINUTES REGULAR MEETING – MONTICELLO PLANNING COMMISSION Tuesday, December 2nd, 2014 - Mississippi Room, Monticello Community Center Present: Brad Fyle, Sam Burvee, Charlotte Gabler, Alan Heidemann Absent: None Others: Angela Schumann, Jeff O’Neill, Steve Grittman (NAC), Ron Hackenmueller, Lloyd Hilgart, Shibani Bisson (WSB), Jennifer Hildebrandt, (WSB), Manuel Jordan (Heritage Shade Tree Consultants), Brent and Lanette Aitchison, Amy Sauter (Lund Sauter, P.A.), Faith Appelquist (Tree Quality, Inc.) 1. Call to order Brad Fyle called the meeting to order at 6:00 p.m. 2. Citizen Comments None 3. Consideration of adding items to the agenda  Attendance policy (Gabler)  Adjust January meeting date (Schumann)  Recognition of Commissioner Gabler (Schumann) 4. Consideration to approve Planning Commission minutes a. Special Meeting – October 27th, 2014 CHARLOTTE GABLER MOVED TO APPROVE THE OCTOBER 27TH, 2014 SPECIAL MEETING MINUTES. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 3-0. (Alan Heidemann did not vote.) b. Special Joint Meeting – October 27th, 2014 CHARLOTTE GABLER MOVED TO APPROVE THE OCTOBER 27TH, 2014 SPECIAL JOINT MEETING MINUTES. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 3-0. (Alan Heidemann did not vote.) c. Regular Meeting – November 5th, 2014 CHARLOTTE GABLER MOVED TO APPROVE THE NOVEMBER 5TH, 2014 REGULAR MEETING MINUTES. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 3-0. (Alan Heidemann did not vote.) 5. Public Hearing – Consideration of Amendments to Title 10 of Monticello City Code - Zoning Ordinance and Title 11 of Monticello City Code – Subdivision Ordinance, chapters and sections as follows. Applicant: City of Monticello 2 a. Monticello Zoning Ordinance, Chapter 2, Section 4(M) – Grading, Drainage and Erosion Control Permit b. Monticello Zoning Ordinance, Chapter 4, Section 10 – Grading, Drainage and Erosion Control c. Monticello Subdivision Ordinance, Chapter 5 – Design Standards Shibani Bisson explained that WSB reviewed City codes for compliance with state and federal requirements for the Municipal Separate Storm Sewer System (MS4) General Permit and recommended amendments to Monticello’s zoning and subdivision ordinances. Bisson introduced Jennifer Hildebrandt, WSB’s environmental compliance manager, who presented information about the General Permit, summarized the proposed amendments, and responded to questions. Hildebrandt explained that the MS4 General Permit is a Minnesota Pollution Control Agency mandate in place to treat non-point source pollution in Monticello since 2006. She identified some common pollutants in stormwater runoff and pointed out the importance of controlling runoff and erosion to avoid adverse impacts on area water quality. She noted that Monticello uses a regional ponding approach to manage runoff from infrastructure. Hildebrandt briefly discussed measures three, four and five of the six minimum control measures required of MS4 Permits. These measures, which deal with illicit discharge detection and elimination, construction site stormwater runoff control, and post construction storm water management, indicate how the city handles infrastructure within the jurisdictional watershed. Hildebrandt noted that the City had participated in numerous Stormwater Pollution Prevention Program (SWPPP) and permit activities in 2014. SWPPP activities included prioritizing educational initiatives; revising ordinances illicit discharge, subdivision, and zoning ordinances; reviewing enforcement response procedures for consistency and inspection procedures for direction related to resolving non- compliance issues; developing standard operating procedures related to development; updating the Public Works program; and identifying staff training opportunities. Permit activities included completing inspections and mapping; and public education and outreach. Hildebrandt briefly summarized the following proposed ordinance amendments: Title 10 - Monticello Zoning Ordinance: Chapter 2 – Section 2.4(M) Grading, Drainage and Erosion Control Permit Requirements  Revise title to read Grading, Drainage, Stormwater Management and Erosion Control Permit Requirements Title 10 - Monticello Zoning Ordinance: Chapter 4 - Section 4.10(A-H), Grading, Drainage & Erosion Control 3  Revise title to read Grading, Drainage, Stormwater Management and Erosion Control Permit Requirements  Update purpose section to include statutory authorization  Add Best Management Practices (BMP) definitions  Update plan requirements to reflect state minimums  Reference City Design Manual  Add frequency of inspections to align with state minimum  Update maintenance requirements to align with state minimum  Clarify what “final stabilization” means for a construction site Title 11 – Subdivision Ordinance: Chapter 5 Design Standards, Section 11-5-5: Erosion and Sediment Control, Section 11-5-6: Drainage  Insert reference in City Design Manual  Insert requirements related to locating within 1-mile of impaired water to align with state minimum  Incorporate Minimal Impact Design Standards to design requirements (state standard) Title 7 – Chapter 10 Illicit Discharge Detection and Elimination Ordinance, Section 7-10-1: Purpose and Intent Section 7-10-8: Suspension of MS4 Access Section 7-10-14: Enforcement  Include suspension of MS4 access to include emergency cease and desist orders  Update to include a section for writing a violation if standards are not followed  Update to include what a written violation notice could include Gabler asked about design standards in place for large surface lots such as Home Depot and Target. Hildebrandt stated that design standards are established as a minimum and would most impact smaller land disturbance activities. She indicated that larger commercial developments often have separate review processes. Gabler asked about impaired alignment standards within the city. Hildebrandt noted that there are certain portions of the city in which drainage flows to an impaired water body. She indicated that specific information is available to view on the state website. Gabler wondered about MnDOT’s role in conducting pond cleanups throughout the metro area. Hildebrandt said that MnDOT’s district is an MS4 as well and, as such, is required to manage sediment appropriately when conducting pond cleanups. Gabler asked if Wright County was also subject to an MS4 program. Hildebrandt said that she suspected so but noted that the county and city’s jurisdictions would not overlap. Brad Fyle asked if the city was required to have these rules or if it could just let the state oversee the program. Hildebrandt pointed out that, as of March 10th, 2003, cities nationwide are required to have these standards in place in addition to state minimums that exist. Fyle wondered how the city could afford to monitor this program. Hildebrandt acknowledged that many MS4 communities were not prepared for an unfunded mandate. She indicated that, although funding mechanisms have been discussed at the state level, none has been established at this time. 4 Fyle expressed concern about the effectiveness of the height of a silt fence at the Goodwill site. Gabler pointed out that it may keep groundwater from seeping underneath the building. Fyle also asked if the new ruling would affect residential areas. Hildebrandt confirmed that infiltration requirements would be a consideration as part of future residential construction. Hildebrandt pointed out that cities may choose to establish more restrictive requirements than those required by the state and noted that Monticello had not chosen to do so. Gabler asked if ordinance revisions would result in changes to the standard design plates. Hildebrandt indicated that such changes would more accurately reflect statewide practices. Gabler also asked about soil stabilization standards. Hildebrandt noted that the intent of the n standards is to allow the property owner to determine best practice for that property. Fyle opened the public hearing. As there were no comments, the public hearing was closed. Fyle asked Building Official Ron Hackenmueller if he’d be able to keep up with the new rules. Hackenmueller said that staff use a common sense inspection approach and work with contractors to let them know if there is a problem which may require taking other steps. He indicated that staff monitor erosion control as they do inspections. He also explained that the silt fence is a tool to prevent dirt from migrating onto sidewalks during excavation. SAM BURVEE MOVED TO ADOPT RESOLUTION 2014-121, RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 10 OF MONTICELLO CITY CODE - ZONING ORDINANCE AND TITLE 11 OF MONTICELLO CITY CODE – SUBDIVISION ORDINANCE, CHAPTERS AND SECTIONS AS FOLLOWS: A. MONTICELLO ZONING ORDINANCE, CHAPTER 2, SECTION 4(M) – GRADING, DRAINAGE AND EROSION CONTROL PERMIT B. MONTICELLO ZONING ORDINANCE, CHAPTER 4, SECTION 10 – GRADING, DRAINAGE AND EROSION CONTROL C. MONTICELLO SUBDIVISION ORDINANCE, CHAPTER 5 – DESIGN STANDARDS ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 4-0. 6. Consideration of a request for appeal of Administrative Decision as related to application of Monticello Zoning Ordinance Chapter 4, Section 2 - Tree Protection Angela Schumann provided an overview of the process by which the Monticello Planning Commission, acting as the Board of Adjustment and Appeals, was asked to consider an appeal of an Administrative Decision made by the Community Development Department related to the application of zoning regulations pertaining to tree protection, Chapter 4, Section 2 – Tree Protection. 5 Schumann indicated that the appeal specifically concerns the determination that the subject tree, a silver maple located at the property line between 612 West 4th Street and the recently approved Vine Street Place plat, proposed by Benoit Properties, LLC, does not meet the 36” Diameter at Breast Height (DBH) measurement required for consideration as a “specimen tree” as defined by the Monticello zoning ordinance. A specimen tree is defined as “any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this ordinance”. Chapter 4.2 regulations for tree protection, unless otherwise exempted, are applicable to those trees considered as a “specimen tree”. Schumann indicated that the Planning Commission held a public hearing on July 7th, 2014 to consider the preliminary plat of Vine Street Place and the variance request related to lot access. During the hearing, the property owners at 612 W. 4th Street, Brent and Lanette Aitchison, noted the presence of a large tree at the rear of their property, at or near the property line. The Planning Commission added a condition relating to considerations for tree protection to their resolution recommending approval of the plat and approval of the variance. Schumann noted that the City Council reviewed the preliminary and final plat on August 11th, 2014. The presence of the tree was again noted as a concern by the Aitchisons during discussion on the plat. The approval condition relating to tree protection was carried forward in the City Council resolution. The applicant was asked to define the location and size of the tree and recommend tree protection measures in satisfaction of the required condition of approval. Benoit Properties, LLC consulted with Delwyn Colwill, a certified arborist with Tri-County Tree Service. Colwill measured the tree at 34” and provided recommended tree protection measures. The Aitchisons also hired an arborist to evaluate the tree. Certified master arborist Faith Appelquist of Tree Quality Inc. measured the tree at 38” DBH and prepared a tree protection plan. Appelquist’s report was forwarded to the City by the Aitchison’s attorney. In response to Appelquist’s evaluation of the size of the tree, the City Attorney recommended that the City obtain an independent measurement of DBH for purposes of applying the ordinance. Manuel Jordan, of Heritage Shade Tree Consultants, was engaged by the City to measure the subject tree and explain the methodology of the measurement. His analysis yielded a measurement result of 34” DBH. Northwest Associated Consultants, the City’s consulting planner, reviewed this analysis as related to the zoning ordinance and concurred. The Community Development Department’s determination is based on these analyses. Schumann noted that the zoning ordinance does not define DBH. She pointed out that the appeal information provided by the Aitchisons, as well as the sources cited by 6 both Heritage Shade Tree Consulting and NAC, illustrate that measurement of DBH is variable and can depend greatly on the tree being measured. Brent and Lanette Aitchison, 612 W. 4th Street introduced themselves and their representatives Amy Sauter and Faith Appelquist. Amy Sauter stated that the primary issue is the method by which Jordan measured the tree. She suggested that DBH is measured at four and a half feet from the ground. She stated that Jordan had measured the narrowest part of the tree below the four and a half foot line using a methodology consistent with trees that have a fork or a branch at four and a half feet. She suggested that the subject tree does not have a fork or a branch at four and a half feet. Sauter also stated that Jordan had noted a wound or an injury where a branch had been removed. She pointed out that the appeal cited several sources which state that a measurement should be taken slightly above a wound located at the four and a half foot mark. Sauter asked that Jordan re-measure the tree using methodology for a tree that has a defect at four and a half feet. She suggested the tree would measure 36” and qualify for specimen tree status under the ordinance if it were measured properly. Heidemann inquired how the tree was measure by Appelquist. Appelquist noted that she’d used a forestry supply diameter tape measure which is pulled around the tree to automatically calculate diameter. Commissioner Gabler inquired about determining diameter breast height. Appelquist explained that DBH is commonly used forestry term which means diameter at standard height. She acknowledged that DBH is four and a half feet as a general rule of thumb. Gabler asked Schumann how specimen trees came to be defined as 36”. Schumann said that the Planning Commission had approved the 36” as part of the adoption of the tree protection ordinance, more than likely at 36” as it represented a tree of significant size. Gabler wondered if, in future, it might be more accommodating to flex the size requirement or establish a range of sizes for a specimen tree. Appelquist suggested that the fork that had been removed had created the defect at four and a half feet. She noted that there are many forks above the injury. Gabler asked if a tree can swell or contract a bit depending on the season. Appelquist indicated that swelling would not really affect the measure of a tree. Patrick Benoit, of Benoit Properties, introduced himself as the developer on this project. He stated that he has tried to work with the Aitchisons from the beginning. He pointed out that roughly 40% of the tree is on his side of the property line. He suggested that he shares the concern that this tree may die during a construction phase if not treated with the utmost care. He pointed out that his arborist had prepared tree protection plans involving fencing and mulching at the base of the tree and into the construction area. 7 Gabler asked if the tree affected construction on the lot. Benoit indicated that the tree canopy goes further out into the property and covers some of the roofline. Appelquist said the building would impact more than 25% of the canopy. Benoit noted that state statute allows him to trim the canopy over his property and his arborist prepared a plan to carefully trim the tree so that it looks aesthetically pleasing and would ensure continued growth. Gabler wondered if the tree could be trimmed to address everyone’s concerns. She asked about potential harm to the tree as a result of pruning. Appelquist pointed out that about 25% of a mature tree canopy can be pruned at any one time and suggested that pruning the tree to the property line would exceed the tree’s ability to recover. Benoit pointed out that his plan meets setback requirements of 12 feet from the base of the tree into the property. He indicated, however, that Aitchison’s arborist thinks the setback should extend 10-12 additional feet into the canopy. Heidemann asked if the 12 foot extension would also be required of a specimen tree. Schumann reported that it would according to, General Requirement 3, “The area within the dripline of any specimen tree shall not be subject to paving or soil compaction greater than 10% of the total area within the dripline or within 12 feet of the tree trunk.” Commissioner Burvee asked Mr. Benoit to explain his aborist’s measurement. Pat Benoit indicated that his arborist had come to the same 34” measurement. Mr. Manuel Jordan confirmed that he’d been hired by the City to measure the tree. He provided a detailed explanation of tree biology including a discussion of the points at which branch and trunk tissue meet. The outward expression of where those two sets of tissue meet is called the branch bark ridge, which helps determine where the branch originates. As new trunk grows around, swelling occurs where the different sets of tissue meet. There are different ways of measuring because of swellings that happen either from a defect or for some other reason. In this case, the swellings come from branches. Jordan indicated that the measurement was taken where those swellings stop and where the true trunk originates. As had been mentioned before, measurement of the whole fork is not taken because there would be an overinflated number. The same thing happens if you don’t look at where the branches start at those swellings. The swellings are part of branch tissue therefore the lowest point below those swellings is where the true representation of the trunk is. Jordan stated that any measurement taken above that is an overinflation due to different sets of tissue meeting up. He noted examples in the report showcases measuring at narrowest point below four and a half feet when you have multiple forks. Schumann noted that, although the commission must make a determination based on the existing ordinance, it would be useful to further discuss the tree protection ordinance at a future meeting. 8 Heidemann noted that at 36”, the ordinance related to dripline is a factor and asked how the size of the tree affects the dripline. Jordan said that dripline is normally considered the branch that reaches farthest from the tree. Benoit indicated that the Aitchisons don’t want anything excavated up to that point because they are worried about the dripline. Benoit said that such conditions would not be acceptable as it would shut down his project. Gabler asked if anything could be flipped to reduce the impact on the roofline. Benoit said that the plan had been shifted it further to the south to accommodate more setback. Gabler suggested tabling the discussion because she felt that many of the issues seemed to hinge upon information that had not yet been clarified. The other commissioners indicated that they were ready to take action on the issue. Fyle stated that he felt obligated to go by whatever the arborist hired by the city says. Hilgart suggested that Benoit would be responsible for mitigation should something happen to the tree if it were determined to be a specimen tree. Schumann confirmed that the city could enforce mitigation measures in ordinance if the tree was determined to be a specimen tree. BRAD FYLE MOVED TO DENY THE APPEAL AND AFFIRM THE DETERMINATION BY THE COMMUNITY DEVELOPMENT DEPARTMENT THAT MONTICELLO ZONING ORDINANCE CHAPTER 4, SECTION 2 - TREE PROTECTION IS NOT APPLICABLE TO THE SUBJECT TREE, BASED ON FINDINGS AS FOLLOWS: A. DIAMETER AT BREAST HEIGHT IS A VARIABLE MEASUREMENT BASED ON CHARACTERISTICS OF THE TREE BEING MEASURED FOR ORDINANCE. B. THE SUBJECT TREE HAS BEEN MEASURED AT 34” DIAMETER BREAST HEIGHT BY THE CITY OF MONTICELLO’S CONSULTING ARBORIST, USING COMMONLY ACCEPTED AND PRACTICED METHODOLOGY. C. THE DETERMINATION BY THE COMMUNITY DEVELOPMENT DEPARTMENT THAT THE TREE IS NOT A SPECIMEN TREE IS REASONABLE AND SUPPORTED BY THE RECORD. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 3-1 WITH CHARLOTTE GABLER VOTING IN DISSENT. 7. Consideration of recommendation regarding 2015 Planning Commission Appointments 9 The Planning Commission conducted a special meeting just prior to its regular December meeting to interview and consider three candidates for the positions vacated by Grant Sala and Sam Burvee. Each term was due to expire at the end of 2014. SAM BURVEE MOVED TO RECOMMEND APPOINTMENT OF SAM MURDOFF AND LINDA BUCHMANN TO THREE YEAR TERMS ON THE PLANNING COMMISSION. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 4-0. Fyle confirmed with Schumann that the Planning Commission would accept applications to interview for the position to be vacated by Gabler who had been elected to serve on the City Council. 8. Added Items  Attendance Policy (Gabler) – Gabler recommended that the Planning Commission establish an attendance policy similar to policies established for the Parks Commission and the IEDC. Schumann agreed with the need for some consistency among commission requirements especially in terms of attendance and duties of the chair. She pointed out that the Parks Commission limits absences to 3 meetings per year and the IEDC requires attendance at 75% of meetings a year. Gabler indicated a preference for requiring attendance within a range of 70-75% of meetings a year. Sam Burvee suggested reviewing the full Planning Commission ordinance for relevance. Schumann agreed to bring recommendations for consideration to the upcoming meeting.  Adjust January Meeting Date (Schumann) – Schumann recommended that the January Planning Commission meeting be rescheduled until after the City Council meets to ratify the new commissioner appointments. ALAN HEIDEMANN MOVED TO RESCHEDULE THE JANUARY PLANNING COMMISSION TO 6 PM ON TUESDAY, JANUARY 13TH, 2015. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 4-0.  Recognition of Commissioner Gabler (Schumann) – Schumann thanked Gabler her for years of service as a Planning Commissioner. 9. Adjournment ALAN HEIDEMANN MOVED TO ADJOURN THE MEETING AT 7:37 P.M. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 4-0. Recorder: Kerry Burri __ Approved: Attest: ____________________________________________ Angela Schumann, Community Development Director PlanningCommissionAgenda:1/14/15 1 6.PublicHearing–ConsiderationofarequestforAmendmenttotheMonticello ZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use-Specific StandardsandSection3–AccessoryUseStandardsandChapter8,Section4– DefinitionsasrelatedtoregulationsforSolarEnergySystems.(NAC) Property:Legal:NA Address:NA PlanningCaseNumber:2014-054 A.REFERENCE&BACKGROUND: Request(s):AmendmentstotheZoningOrdinanceaddressingSolar Energyproductionasprincipaloraccessoryuses,and definitionsofEssentialServicesandUtilitiesasusesin variouszoningdistricts. DeadlineforDecision:November,2015 LandUseDesignation:Varies ANALYSISANDSTUDY Thematerialbelowispresentedtoprovidebackgroundandrecommendationstothe CityofMonticelloinconsiderationofpotentialamendmentstoitszoningordinance relatedtosolarenergyproduction,andrelatedaspectsoftheordinancetoutilitiesand essentialservicesinthecommunity. I.SolarEnergyProduction a.Backgroundandintroduction Overthepastseveralmonths,theCityhasbeenapproachedwithexploratory questionsabouttheestablishmentoffacilitiesthatwouldgenerateelectrical powerthroughanextensivearrayofsolarpanels.Thesearraysaresometimes referredtoas“solarfarms”,andcanconstituteeitherthesoleuseofproperty, complementanexistinguse,orco-existside-by-sidewithanexistinguse. Althoughthequestionssofarhavebeenpreliminaryandrelatedmoreto generalregulations,ratherthanspecifictocertainproperty,staffbecame concernedthatthecurrentzoningregulationsarenotclearregardingthe classificationofthistypeofuse. Tobetteraddressthesequestions,staffrequestedtheCityCouncilestablisha landusemoratoriumonprincipalsolarenergyuses,givingtheCitytimeto PlanningCommissionAgenda:1/14/15 2 studythevariousaspectsofthisuse,andaddresssomeoftheconcernsrelated tothecurrentzoningordinancelanguage.Thatmoratoriumwasadoptedby theCityCouncilonNovember24th,2014.Undertheplanninglawsin Minnesota,theCityhas12monthstostudytheissueandconsiderchangesto itsdevelopmentregulations. AlternativeenergyproductionhasgrowninMinnesota,inpartduetoaseries ofstatemandatestothelargestpowerproducerstomeetvariousthresholdsin energyfromrenewablesources.Accompanyingthemandateshavebeena varietyofsubsidiesandincentivestobothproducersandconsumersthatabate ordeferdifferenttaxes,dependingontheprogram. Recently,theinterestinestablishing“solarfarms”asaprincipaluseof propertyhasbecomeanurbanissue.Previously,mosturbansolarenergy productionoccurredasaccessorysolarpanelsattachedtoindividualbuildings. Inmostofthosecases,thepropertyownerconsumedtheenergyproducedon- site,andinsomesituations,fedasmallamountofenergybacktothegrid, whichtheutilitycompanywiththedistributionterritoryisobligatedto purchase.Thehighpriceofurbanland–relativetoruralland–meantthat largesolararrayswereunlikelytobeproposedinurbanareas. Withtherealestatemarketcrashandslowrecovery,thosepricedisparities wereminimized,atleasttemporarily.Assuch,urbanlocationshavebegunto surfaceaspotentialsolarfarmproductionsites,particularlygiventheir proximitytopowersubstationsthatresultinreducedtransmissioncostsfor theproducer. Finally,likeanytechnology,continuedadvancementsinefficiencyand productioncosthavemadesolarenergymoreappealingtoallparties, includingboththecommercialproducersandconsumers.Asthecostgaps narrow,theenvironmentalappealofalternativeenergyisincreasingits potentialtocreatenewlanduseissuesforlocalgovernment.Allofthese factors–mandates,taxincentives,realestateprices,technologicaladvances, andenvironmentalappeal-havecombinedtopushthisissuetotheforefront. ThisreportisintendedtoprovideabaselineofinformationfortheCityto considerhowitslanduseregulationscanaddresspotentialissuesraisedbythe growthinsolarenergyproduction. b.Accessorysolarinstallations Mostofthesolarinstallationstothispoint,particularlywithinurbanareas, havebeenaccessoryuses–oneormorepanels(usually)attachedtoan existingbuilding,andproducingelectricalpowerthatisconsumedbythe PlanningCommissionAgenda:1/14/15 3 occupantoftheproperty.Historically,theseinstallationshavebeenlimitedto roof-mountedpanelsoroccasionally,afewground-mountedpanelswithinthe openyardspacesondevelopedproperty.Withtheimprovementsinthis technology,itisconceivablethat“accessory”installationswouldgrow beyondthehistoricallimits,andraiseissuesformunicipallanduseregulation. c.Principal(commercial)solarinstallations Theprospectofsolarfarmsasaprincipalorsoleuseofurbanpropertyisthe issuewhichgeneratedthemoratoriumdiscussion.Intheseinstallations,solar energyproductionwouldconstitutetheprimaryuse.Formanyofthetypical installationsofthissort,aparcelofbetween15and25acresisdevotedto solarpanelarrays.Suchfacilitiesneedfew,ifany,urbanservices,createlittle ornoon-siteemployment,andgeneratenotraffic. Someelectricgeneratingordistributionorganizations(Wright-Hennepin ElectricCooperativeisoneexample)areintheprocessofestablishingsolar farmarraysthatshareholdersmaybuyinto.Wright-Hennepinhastwosuch arraysonitscorporatepropertyinRockford.Inthisexample,alargesolar arraywouldnotnecessarilyneedtobethesoleuseofproperty.Anyparcel withasignificantamountofunusedlandcouldconsidersolarenergy productionforcommercialpurposesasanunrelatedancillaryuse. II.Political/Environmental/RegulatoryAspects/Objectives a.Energyproductionobjectives Asnotedpreviously,thereisbothamarket-basedandregulatory-based movementtowardalternativeorrenewableenergygeneration.Oneofthe incentivesforenergyproducerstonowbeseekingnewlocationsrelatestothe requirementoflargeutilities(suchasXcel)tosellathresholdamountof powerfromrenewablegenerationsources. Environmentalinterestshavedriventherenewablemarkets,andhavebeen primarilyresponsiblefortranslatingthoseinterestsintoregulatorymandates. Thedemandforrenewableenergyproductionisnotlocationspecific.As such,thequestionofwhethersolarfarmsareanappropriateurbanlanduseis oneoflandusecompatibilityandlandusepolicy,notoneofenvironmentalor politicalpolicyfortheCity. b.LocalGovernmentauthority PlanningCommissionAgenda:1/14/15 4 Municipalitieshavetheauthoritytoregulatelanduses,withcertainlimitations thatareimposedbythestate.Provisionofaccesstosunlightforthepurposes ofutilizingsolarenergyisprotectedbythezoningenablinglegislationin Minnesotalaw.However,localgovernmentmaystillregulatelandusesto ensurethatitsplanningobjectivesaremet,infurtheranceofthemunicipal roleofprotectionofpublichealth,safety,andwelfare. Assuch,theCitycanuseitsdevelopmentregulationstomanagelocation, size,extentandintensityofvariouslanduses,andrelegatecertainlandusesto specificdistricts.Inmostcases,theCitycanprohibitlanduseswhentheyare incompatiblewiththeCity’slanduseobjectives.ProvidedthattheCity’s regulationspromotealegitimatepublicinterest,andareareasonablemeansto furtherthatinterest,thelanduseregulationsaretypicallyvalid. Certainlargeutilityinstallationsaresubjecttostateregulatoryauthoritythat canpreemptlocalzoningcontrol.However,onecurrentproject,knownasthe AuroraprojectbyGeronimoEnergy,isworkingonamulti-sitedistributed solarenergydevelopmentwhichincludesatleastonesiteinWrightCounty, amongseveralothersaroundthestate.GeronimoexpectstoseekCounty and/orTownshipzoningapprovalsforthoseinstallations. III.LandUseRegulation/Objectives a.Potentiallanduseissues i.Neighboringpropertyimpacts.Oneofthemostcommonissues addressedbylanduseregulationsarepotentialimpactsofauseon neighboringlanduses.Ofpotentialconcernwithsolarfarmswouldbe visualglarereflectingfromthesolarpanels,particularlyinalarge array.Formostofthelargerprojects,itappearsthatthetechnology includesananti-reflectivecoatingonthepanelsthatminimize reflectiveglare.Thepanelinstallationsthemselves,whenground- mounted,aretypicallydesignedtorotateforsunangle,andare between6and10feettall.Thesearrayswouldtypicallybevisibleto adjoiningproperty. ii.Publicsafetyandinfrastructureimpacts.Thefacilitiesgeneratealmost noon-sitetrafficafterconstructioniscomplete.Occasional maintenancevisitsoccur,includingwashingactivity.Apartfromthis, thereisnoothersanitarysewerorwaterusefromthetypicalfacility. iii.Trafficandutilityinvestment.Becausetheygeneratenotrafficor municipalutilityuse,thesefacilitieshavethecapacitytoconsume privatelandthathas,formostareasoftheCityorthenearby MonticelloOrderlyAnnexationArea,beenplannedforurban development.BecausetheCity’sinfrastructureinvestments,along PlanningCommissionAgenda:1/14/15 5 withitseconomicdevelopmentobjectives,arebasedontaxbaseand employmentgeneration,largeareasoflanddevotedtousesthatsupply neitheroftheseraisequestionsastotheirsuitabilityforurban locations.TheCitycouldalsoexpectincreasesinutilityinfrastructure costsifitwerenecessarytoextenditsutilitylinesandstreetspastsuch areastocontinueitsdevelopmentpattern. iv.Employmentgeneration.Asnoted,facilitiesofthistypegenerateno permanentemploymentforthesiteitself.Insomecases,theCityis willingtoforgoaportionofitspropertytaxrevenuewhen employmentgeneratedbyanewprojectmeetstheeconomic developmentobjectivesofthecommunity.Thisbenefitwouldnotbe availablefromasolarfarmuse. b.AccessoryUse.AnAccessoryUse,accordingtothezoningordinance,isone thatis“subordinateandincidental”tothemainactivityorstructureonthesite –usuallyreferredtoasthe“principal”useorstructure.Suchausecanbe subordinateorincidentalinsize,scope,orimpactsonadjoiningproperty.In mostcases,anaccessoryuseisconsideredanactivitythatisinsupportofand directlyrelatedtotheoperationoftheprincipalactivityonthesite. i.Size,Location,Design,etc.Monticellocurrentlypermitssolarenergy installationsasaccessorystructureswhenattachedtootherprincipal usesofproperty.Thecoderequiressuchfacilitiestomeetsetbacks andheightstandardsapplicabletotheprimarybuildingsonthesite. ii.Building-mountorGround-mount.Currentzoningrequirements addresssolarfacilitiesthatarean“integralpart”ofthestructureto whichtheyareattached,withtheimplicationthatground-mounted solararraysarenotpermissibleundertheaccessoryuseregulations. iii.Proportionality.Thezoningordinancedoesnotaddressthespecific amountorproportionofastructureorsitethatcanbeoccupiedby solarfacilitiesandstillqualifyasanaccessoryuse,althoughthe ordinancestatesthataccessoryusesshallbesubordinateissizeand scopetotheprincipaluse.Itisconceivablethatgoingforward,adding definitiontothisallowancewouldensurethatnewsolarinstallations intendedtobe“accessory”willindeedbe“incidental”totheprincipal useofproperty. c.PrincipalUse.ThePrincipalUseofpropertyisthemain,orprimary,purpose forwhichlandisintendedanddeveloped.Principalusesareusually distinguishedbysizeorextent,andalmostcertainlybyimpact,from accessoryuses. i.Landuseregulationgoals.Whenlanduseplansarepreparedand regulationsareestablished,principalusesarethosethatarethefocus oftheplans.TheCity’slandusegoalsaredesignedtoprovidefor PlanningCommissionAgenda:1/14/15 6 high-returnlandusesintermsofqualityoflifetotheCity’sresidents. TheCityhasdevelopedaseriesofeconomicdevelopmentgoals, supportedbytheComprehensivePlan,thatincorporateanexpectation forgooddesign,diverselifestyleopportunities,andefficiencyin providinggovernmentalservices.Landusesthatcannotmeetthese objectivesareincompatiblewithurbandevelopmentinMonticello. TheCityacknowledgesthatvariouseconomicactivitiesarenecessary tosupporturbangrowth,butwhichmaynotbecompatiblewithurban development.Theseusesaremorelikelytobelocatedinruralareas, andincludeagricultureandsimilarusesthatdonotuseurbanservices. ii.Tax/serviceimpacts.ImplicitintheCity’surbandevelopment objectivesistheneedtogeneratepropertytaxes,onwhichtheCity reliestodeliverservices,andtheneedtoregulatelandusesinaway thatpermitstheCitytodeliverthoseservicesasefficientlyaspossible tokeeppropertytaxratesaslowaspossible.Variousscenarioscan interferewiththesegoals.Oneexamplewouldbealandusethat consumesservicesatgreaterratesthanothers,butwhichgenerates taxablevalueatdisproportionatelylowrates.Thiswouldresultin spreadingtheburdenofpublicservicestoothertaxpayersintheCity. Whileasolarfarmusedoesnotgenerateademandforservices,italso createsarelativelylowpropertytaxcapacity,comparedtootherland uses.Inaddition,withoutusinganyservices,butinalocationinthe midstofacurrentorfuturegrowingurbanarea,anunproductiveuse suchasasolarfarmrequiresadditionalexpendituresofCitycapitalto extendservicespasttheunproductivelandtofartherdevelopment. Thiscreatesasprawlimpactthatraisescostsforothertaxpayers. IV.RegulationOptions. TheCityhasanumberofpotentialoptionsinregulatingsolarenergyproduction. Asnotedabove,thecurrentregulationsspecificallypermitaccessorysolar facilities,withlimiteddefinitionastohowthosefacilitiescanbeinstalledona property.Thezoningregulationsaresilentonsolarenergyproductionasa principaluse,butvariouscategoriesofusetouchonelectricalgeneration. Inallzoningdistricts,thezoningordinanceallows“Utilities(major)”asa conditionaluse(Utilitiesdonotspecificallyincludeelectricalpowergeneration, butincluderegionalorcommunity-wideservicesthatentailtheconstructionof buildingand“electricalsubstations”).Theprovisionsrelatedtothisclassofuse statethat“Anelectricalpowerfacility...shallbesetbackatleast100feetfrom alllotlines.Serviceorstorageyardsshallbeprohibited.” PlanningCommissionAgenda:1/14/15 7 EssentialServicesareidentifiedintheordinanceasthestructuresand appurtenancesthatarenecessaryto(usually)distributeutilityservicestothe community.Examplesarepipelines,poles,wires,cableboxes,andsimilar structures.Theseareallowedinallzoningdistrictsaspermitteduses.Theyare definedintheMonticellozoningordinanceatChapter8.4. Staffbelievesthatcreatingbetterdefinitionsrelatedto“utilities”,aswellas “essentialservices”willaddclaritytotheordinance,inadditiontolanguagethat addressessolarenergyproductionasaseparateuse. ThePlanningCommissionisaskedtoprovidestaffwithdirectionasrelatedtothe regulationoptionsoutlinedbelow. a.AllowasBothPrincipalandAccessoryUses i.Permitted/ConditionalUsealternatives.TheCity’szoningregulations cantreatsolarenergyproductionasapermittedorconditionaluse, regardlessofwhethertheactivityistheprincipaloraccessoryuseof land.Asnotedabove,thecurrentlanguageallowssolarinstallations aspermittedaccessoryuses–thispatternisappropriate,butwould benefitfromaddedclarificationastothelimitsofwhatconstitutesan “accessory”useinthecaseofsolarpowerfacilities. Asaprincipaluse,theactivityisnotcurrentlyallowed,althoughthe codelanguageisnotclearasitappliestothetypesoffacilities currentlybeingplannedaroundthestate.IftheCitydoespreferto allowsolarenergygenerationasaprincipaluseofland,itwouldlikely requireanumberofspecificstandardstobecompatiblewith neighboringurbandevelopment,includinglocationandscope.Ifthis approachisconsidered,itwouldbebesttospecifytheuseasa ConditionalUseinspecificzoningdistricts,andidentifyaminimum setofconditionsforconsideration. ii.Limitsofauthority.ItisimportanttonotethatasaConditionalUse,a specificuseispresumedtobeacceptableinagivenzoningdistrict, subjecttocompliancewithreasonableandapplicableconditions designedtomitigatespecificimpactscreatedbytheuse.Assuch,a ConditionalUsePermitisnot“deniable”whentheapplicantcanmeet theconditionsthattheCityplacesonthepermit.ConditionalUse Permitsrunwiththeland,andarenottime-limited.Itispossibleto considerthisuseasan“interim”use,buttheCityshouldbecautiousin knowingthatfacilitieswithsuchextensivecapitalcostsarenotlikely toterminateintheforeseeablefuture. PlanningCommissionAgenda:1/14/15 8 b.AllowasAccessoryUseOnly.AsecondoptionfortheCitywouldbeto incorporatetheclarificationchangestothecodenotedaboveregarding essentialservices,solarenergysystemsasaccessoryuses,andutilities,and prohibittheprincipaluseofpropertyforsolarenergyproduction.Staff believesthatthisistheintentofthecurrentzoninglanguage,butthecurrent proposalsinthemarketraiseconcernsthattheCity’szoningregulationsdo notadequatelyaddressthisuseintheintendedmanner. i.Pros/Cons–relativetocompetingobjectives. Theadvantagesofthe“accessoryuseonly”approachareasfollows: 1.Solarenergyproductionisallowed,butinwaysthatminimize theirimpactstoadjoiningproperty. 2.Solarenergyfarmswouldnotbeallowed,thustheissues relatedtopropertytaxandmunicipalserviceextensionswould beeliminated. 3.Intheeventthatauserdevelopsamoreuniquemethodof creatingasolararrayasaprincipaluse,thatpartycould approachtheCitytoproposeanamendment,andshowhow thatmethodwouldoffsettheCity’sconcernsnotedabove. Thedisadvantagesofprohibitingsolararraysasprincipaluseslargely relatetothepoliticaldiscussioninthatsomemaysuggestthattheCity isinterferingintheabilityofconsumerstopurchase,orutilitiestosell, electricalpowerfromalternativegenerationsources.TheCitywould notbeprohibitingsolarenergyproduction,butwouldbeidentifying solar“farms”asaruraluse,ratherthananurbanone. ii.Potentiallimitationsonsize/location/impacts.TheCitycanconsidera widevarietyoflimitationstosolarenergyarraysasaccessoryuses, dependingonuseandzoningdistrict.Thesemayincludethe following: 1.Generallyallowsolararraysasroof-mountedsystems,and createamaximumheightextension. 2.Ensurethatsolararraysaredevelopedtominimizeglare, includingadequateprotectivescreeningorcoatingsas appropriate. 3.Limitsolararraystolocationsthatarenotvisiblefromthe publicrightofwayinresidentialareas,orrequirethattheyare integratedintothedesignandarchitectureofthehome. 4.Allowground-mountedsolararraysintherearyardswhen sucharrayscompriseanaggregateareanomorethan20%of thesizeoftheprincipalstructure. 5.Allowground-mountedsolararraysonbusinessandindustrial propertybyConditionalUsePermit,withsizelimitations relatedtocurrentaccessorybuildingallowances,andinsucha PlanningCommissionAgenda:1/14/15 9 waythatwouldnotimpedeprincipalbuildingorsiteuse expansion. 6.Requirethatbusiness/industrialground-mountedsystemsbe allowedonlywhereapplicantsshowthatroof-mountedsystems arenotpracticalduetobuildingstrength/support. 7.Requirethataccessorybuildingsrelatedtosolararrays constitute,orareincludedin,theallowedaccessorybuilding constructiononthesubjectproperty. 8.IncludetheexistingrequirementsoftheCity’scode,including arequirementthatallinstallationsmeetheightandsetback requirementsapplicabletoaccessoryusesintheunderlying zoningdistrict. V.Conclusion/Recommendation Theprospectof“solarfarm”installationsof5acresormorehasraisedanissue fortheCityinhowitregulatessolarinstallationsgenerally,andparticularly,in thetreatmentofsolarenergyproductionasapotentialprincipaluseofproperty. ThisreportnotesthattheintentoftheCity’szoninghasbeentoallowsolar energyfacilitiesasaccessoryusestructures,butwithanassumptionthatelectrical generationasaprincipalusewouldbemoresimilartotheXcelgenerationplant– ataxbaseandemployment-generatingfacility. Toaddressthisconcern,theCityenactedadevelopmentmoratoriumonsolar energyasapermitteduselastNovember,withtheunderstandingthattheCity wouldfurtherinvestigatetheissuesrelatedtothisuseandconsideramendments toitszoningregulations. Basedontheanalysisandstudy,staffisrecommendingthefollowing amendments: A.RetainthecurrentrequirementsforSolarEnergySystemsintheZoningCode, Chapter5.3(D)(29)foraccessoryuse B.Amendthelanguageinthatsectiontoaddtherequirementssuggestedinthis report,asfollows: 1.Generallyallowsolararraysasroof-mountedsystems,and createamaximumheightextension. 2.Ensurethatsolararraysaredevelopedtominimizeglare, includingadequateprotectivescreeningorcoatingsas appropriate. 3.Limitsolararraystolocationsthatarenotvisiblefromthe publicrightofwayinresidentialareas,orrequirethattheyare integratedintothedesignandarchitectureofthehome. PlanningCommissionAgenda:1/14/15 10 4.Allowground-mountedsolararraysintherearyardswhen sucharrayscompriseanaggregateareanomorethan20%of thesizeoftheprincipalstructure. 5.Allowground-mountedsolararraysonbusinessandindustrial propertybyConditionalUsePermit,withsizelimitations relatedtocurrentaccessorybuildingallowances,andinsucha waythatwouldnotimpedeprincipalbuildingorsiteuse expansion. 6.Requirethatbusiness/industrialground-mountedsystemsbe allowedonlywhereapplicantsshowthatroof-mountedsystems arenotpracticalduetobuildingstrength/support. 7.Requirethataccessorybuildingsrelatedtosolararrays constitute,orareincludedin,theallowedaccessorybuilding constructiononthesubjectproperty. 8.IncludetheexistingrequirementsoftheCity’scode,including arequirementthatallinstallationsmeetheightandsetback requirementsapplicabletoaccessoryusesintheunderlying zoningdistrict. C.ClarifythedefinitionofEssentialServicestospecifythattheidentifieditems aresupportfacilitiesandstructures,butnotbuildingsforhumanuseor occupancy. D.ClarifythedefinitionofUtilities-Majortospecifythattheidentifieduses listedat(A)Publicinfrastructureservicesincludebuildingsorstructuresthat areintendedtohousehumanactivity.Byexample,staffwouldsuggestthat thedefinitionofthisusespecificallyincludeareferencetoemploymentanda needforurbanservices. E.Clarifythatsolarenergygenerationisnotallowedasastand-alone,principal useofproperty,includingwithindefinitions. F.Amendthezoningusetable(Table5.1)tospecifythatUtilities-Majorare allowedbyCUPonlyintheI-1,LightIndustrialDistrict,I-2,HeavyIndustrial DistrictandtheB-2,LimitedBusinessDistrict. B.ALTERNATIVEACTIONS: 1.Motiontocontinuethepublichearinganddirectstafftoprepareamendmentsto theZoningOrdinanceasrecommendedinthestaffreportof1/14/15for considerationatthePlanningCommission’snextregularmeeting. 2.Motiontotableactionontheissue,pendingadditionalinformation. C.STAFFRECOMMENDATION: PlanningCommissionAgenda:1/14/15 11 Asnotedabove,staffisrecommendingaseriesofamendmentstothezoning ordinance,summarizedbelow.WithcommentsanddirectionfromthePlanning Commission,staffwillpreparethoseamendmentsforconsiderationatthenext regularmeeting. A.RetainthecurrentrequirementsforSolarEnergySystemsinthe ZoningCode,Chapter5.3(D)(29)foraccessoryuse. B.Amendthelanguageinthatsectiontoaddtherequirementssuggested inthisreport,asfollows: 1.Generallyallowsolararraysasroof-mountedsystems,and createamaximumheightextension. 2.Ensurethatsolararraysaredevelopedtominimizeglare, includingadequateprotectivescreeningorcoatingsas appropriate. 3.Limitsolararraystolocationsthatarenotvisiblefromthe publicrightofwayinresidentialareas,orrequirethattheyare integratedintothedesignandarchitectureofthehome. 4.Allowground-mountedsolararraysintherearyardswhen sucharrayscompriseanaggregateareanomorethan20%of thesizeoftheprincipalstructure. 5.Allowground-mountedsolararraysonbusinessandindustrial propertybyConditionalUsePermit,withsizelimitations relatedtocurrentaccessorybuildingallowances,andinsucha waythatwouldnotimpedeprincipalbuildingorsiteuse expansion. 6.Requirethatbusiness/industrialground-mountedsystemsbe allowedonlywhereapplicantsshowthatroof-mountedsystems arenotpracticalduetobuildingstrength/support. 7.Requirethataccessorybuildingsrelatedtosolararrays constitute,orareincludedin,theallowedaccessorybuilding constructiononthesubjectproperty. 8.IncludetheexistingrequirementsoftheCity’scode,including arequirementthatallinstallationsmeetheightandsetback requirementsapplicabletoaccessoryusesintheunderlying zoningdistrict. C.ClarifythedefinitionofEssentialServicestospecifythattheidentified itemsaresupportfacilitiesandstructures,butnotbuildingsforhuman useoroccupancy. D.ClarifythedefinitionofUtilities-Majortospecifythattheidentified useslistedat(A)Publicinfrastructureservicesincludebuildingsor structuresthatareintendedtohousehumanactivity. PlanningCommissionAgenda:1/14/15 12 E.Clarifythatsolarenergygenerationisnotallowedasastand-alone, principaluseofproperty. F.Amendthezoningusetable(Table5.1)tospecifythatUtilities-Major areallowedbyCUPonlyintheI-1,LightIndustrialDistrict,I-2, HeavyIndustrialDistrictandtheB-2,LimitedBusinessDistrict. D.SUPPORTINGDATA: A.MonticelloZoningOrdinance,Chapter5,Sections1–UseTable,excerpt B.MonticelloZoningOrdinance,Chapter5,Section2–Use-SpecificStandards, excerpt C.MonticelloZoningOrdinance,Section3–AccessoryUseStandards,excerpt D.MonticelloZoningOrdinance,Chapter8,Section4–Definitions,excerpt E.SelectedDataandBackgroundResources PlanningCommissionAgenda:1/14/15 13 EXHIBITE SelectedDataandBackgroundResources: LeagueofMinnesotaCities MinnesotaStatutesChapter216(PublicUtilitiesCommission) MinnesotaStatuesChapter462.357(PlanningandLandUse/Zoning) XcelEnergy(http://www.xcelenergy.com/Environment/Renewable_Energy) Wright-HennepinElectricCooperative(http://www.whe.org/for-my-home/products- services/wh-solar.html) http://stmedia.startribune.com/documents/Geronimo+solar+proposal.pdf http://www.herald-journal.com/farmhorizons/2014-farm/solar-project.html http://www.icleiusa.org/blog/get-does-updated-solar-guidebook-for-local-governments http://www.energy.ca.gov/2009publications/DOE-1000-2009-032/DOE-1000-2009-032.PDF http://www.lawofrenewableenergy.com/2014/09/articles/solar/mn-community-solar-garden- program-approved/ http://www.mprnews.org/story/2014/12/17/ground-level-solar-garden http://ilsr.org/community-solar-gardens-sprouting-minnesota/ http://mncommunitysolar.com/ http://icma.org/en/icma/knowledge_network/documents/kn/Document/305385/Solar_Poweri ng_Your_Community_Workshop_Minneapolis__St_Paul http://icma.org/Documents/Document/Document/305385 http://greenstep.pca.state.mn.us/modelOrdinances.cfm http://www.revenue.state.mn.us/local_gov/prop_tax_admin/Pages/ptamanual.aspx CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure Page 308 City of Monticello Zoning Ordinance (c) Interim Permitted Uses = I An “I” indicates that a use may be permitted for a brief period of time provided certain conditions are met, and a specific event or date can be established for discontinuance of the use. Inability of the City ]o establish conditions to adequately control anticipated impacts is justification for denial of an interim permitted use. Interim Permitted Uses may also be subject to special regulations as referenced in the “Additional Requirements” column. (d) Prohibited Uses = Shaded Cells A shaded cell indicates that the listed use is prohibited in the respective base zoning district. (e) Unlisted Uses If an application is submitted for a use that is not listed in Table 5-1, the Community Development Department is authorized to classify the new or unlisted use into an existing Use Type that most closely fits the new or unlisted use. If no similar use determination can be made, the use will be considered prohibited in which case an amendment to the ordinance text would need to be initiated to clarify if, where, and how a proposed use could be established. TABLE 5-1: USES BY DISTRICT Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 R 4 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Agricultural Uses Agriculture P P P P P P P P P P P P *SE E T A B L E 5 -1A P P P 5.2(B)(1) Agricultural Sales P 5.2(B)(2) Community Gardens P P P P P P P P P 5.2(B)(3) Stables C 5.2(B)(4) CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure City of Monticello Zoning Ordinance Page 309 TABLE 5-1: USES BY DISTRICT (cont.) Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 R 4 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Residential Uses 5.2(C)(1) Attached Dwelling Types 5.2(C)(2)(a) - Duplex P C *SE E T A B L E 5-1A 5.2(C)(2)(b) - Townhouse C P 5.2(C)(2)(c) - Multiple-Family C P C C 5.2(C)(2)(d) Detached Dwelling P P P P P P None Group Residential Facility, Single Family P P P P P 5.2(C)(3) Group Residential Facility, Multi-Family C C C 5.2(C)(3) Mobile & Manufactured Home / Home Park C C C P C 5.2(C)(4) Civic & Institutional Uses Active Park Facilities (public) P P P P P P P P P P P P *SE E T A B L E 5-1A P P P None Active Park Facilities (private) P P P P P P P 5.2(D)(1) Assisted Living Facilities C P C 5.2(D)(2) Cemeteries C C C C C C C 5.2(D)(3) Clinics/Medical Services C P P C None Essential Services P P P P P P P P P P P P P P P None Hospitals C P P C 5.2(D)(4) Nursing/Convalescent Home C C C C C C C C C P P 5.2(D)(5) Passenger Terminal C C C C None Passive Parks and Open Space P P P P P P P P P P P P P P P None Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(6) Schools, K-12 C C C C C C I I 5.2(D)(7) Schools, Higher Education C None Place of Public Assembly C C C C C P 5.2(D)(8) Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9) Office Uses Offices P P C P * P P P 5.2(E) CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure Page 310 City of Monticello Zoning Ordinance TABLE 5-1: USES BY DISTRICT (cont.) Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 R 4 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Commercial Uses Adult Uses *SE E T A B L E 5-1A P P 3.7(K) Auction House C 5.2(F)(2) Auto Repair – Minor C C P P 5.2(F)(3) Automotive Wash Facilities P C 5.2(F)(4) Bed & Breakfasts C C C C C 5.2(F)(5) Boarding House C 5.2(F)(6) Business Support Services P P P P P None Commercial Lodging C P P 5.2(F)(7) Communications/Broadcasting P P P P 5.2(F)(8) Convenience Retail C P P P 5.2(F)(9) Country Club C 5.2(F)(10) Day Care Centers C C P P C 5.2(F)(11) Entertainment/Recreation, Indoor Commercial P C C C 5.2(F)(12) Entertainment/Recreation, Outdoor Commercial C C C C 5.2(F)(13) Financial Institution P C P 5.2(F)(14) Funeral Services P P 5.2(F)(15) Kennels (commercial) C 5.2(F)(16) Landscaping / Nursery Business P 5.2(F)(17) Personal Services C P P P P P 5.2(F)(21) Recreational Vehicle Camp Site C C 5.2(F)(23) Repair Establishment C P P 5.2(F)(24) Restaurants C P P 5.2(F)(25) Retail Commercial Uses (other) P P P 5.2(F)(26) Specialty Eating Establishments C P P P 5.2(F)(27) Vehicle Fuel Sales C C C 5.2(F)(28) Vehicle Sales and Rental C C 5.2(F)(29) Veterinary Facilities (Rural) C 5.2(F)(30) Veterinary Facilities (Neighborhood) C C C 5.2(F)(30) Wholesale Sales P P P None CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure City of Monticello Zoning Ordinance Page 311 TABLE 5-1: USES BY DISTRICT (cont.) Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 R 4 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Industrial Uses Auto Repair – Major C *SE E T A B L E 5-1A P P 5.2(G)(1) Bulk Fuel Sales and Storage P P 5.2(G)(2) Contractor's Yard, Temporary I I I 5.2(G)(3) Extraction of Materials I I I 5.2(G)(4) General Warehousing C C P P 5.2(G)(5) Heavy Manufacturing C 5.2(G)(6) Industrial Services C P None Land Reclamation C C C C C C C C C C C C C C C 5.2(G)(7) Light Manufacturing P P P 5.2(G)(8) Machinery/Truck Repair & Sales P P 5.2(G)(9) Recycling and Salvage Center C C 5.2(G)(10) Self-Storage Facilities P C P 5.2(G)(11) Truck or Freight Terminal C P P 5.2(G)(12) Waste Disposal & Incineration C 5.2(G)(13) Wrecker Services C P 5.2(G)(14) TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Sub-Districts Exceptions Additional Requirements F-1 F-2 F-3 L Commercial Day Care C C C C none 5.2(F)(11) Commercial Lodging P P C none 5.2(F)(7) Commercial Offices – Principal C P P C L-2: NA first floor, CUP upper floors 5.2(F)(19) Commercial Recreation: Indoor P P C C none 5.2(F)(12) Commercial Recreation: Outdoor C C none 5.2(F)(13) Convenience Retail C P* C C *F-2 Drive Through by CUP 5.2(F)(9) Funeral Services C C none 5.2(F)(15) CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure Page 312 City of Monticello Zoning Ordinance TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES (cont.) Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Sub-Districts Exceptions Additional Requirements F-1 F-2 F-3 L Medical / Clinical Services C P P P L-2: NA first floor, CUP upper floors 5.2(F)(18) Personal Services P P P P L-2: NA first floor, CUP upper floors L-3: CUP 5.2(F)(21) Places of Public Assembly C C C C none 5.2(F)(22) Professional Office-Services Including Financial Institutions P P P C L-2: NA first floor, CUP upper floors 5.2(F)(14) 5.2(F)(20) Restaurants, Bars < 10,000 SF P P C C none 5.2(F)(25) Restaurants, Bars > 10,000 SF P C C none 5.2(F)(25) Retail Sales < 10,000 SF P P C C none 5.2(F)(26) Retail Sales > 10,000 SF P C C none 5.2(F)(26) Retail with Service P C C L-2: NA first floor, CUP upper floors 5.2(F)(26) Specialty Eating Establishments < 10,000 SF P* P* C* P* *Drive Through by CUP 5.2(F)(27) Vehicle Fuel Sales C C C 5.2(F)(28) Veterinary Facilities C P C C none 5.2(F)(30) Residential – Upper Floors P P P P L-2: NA Residential – Street Level C C L-2: NA Residential – Multiple Family C C L-2: NA Residential – Townhouse C none Residential – Single Family C none Industrial PUD L-3: PUD Only Public Buildings or Uses C C C P none CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses Page 326 City of Monticello Zoning Ordinance (9) Utilities (major) (a) An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited. (b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in this ordinance. (E) Regulations for Office Uses (1) Outdoor storage shall be prohibited. (2) Buildings or structures with less than 51 percent of office space shall not be classified as an office use and shall be regulated by the other use of the structure. (3) If in the B-1 district, the following shall apply: (a) The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area. (b) 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. (c) The provisions of this ordinance are considered and satisfactorily met. (d) The site shall conform to signage requirements provided under Section 4.5 of this Code. (e) The site shall conform to lighting requirements as provided in this ordinance. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (F) Regulations for Commercial Uses (1) Reserved (2) Auction House (a) 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. CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses City of Monticello Zoning Ordinance Page 355 (C) Table of Permitted Accessory Uses (1) Listed Accessory Uses Table 5-4, lists the allowed types of accessory uses and structures within each zoning district. If a specific accessory use is allowed in a district, the column underneath the district is marked with a "P." If a specific accessory use is conditionally permitted in a district, the column underneath the district is marked with a "C." If the accessory use or structure is not allowed in a district, the column is shaded. If there is a reference contained in the column entitled "Additional Requirements", refer to the cited section(s) for additional standards that apply to the specific accessory use. (2) Interpretation of Unidentified Accessory Uses (a) The Community Development Department shall evaluate applications for accessory uses that are not identified in Table 5-4 on a case-by-case basis using the following standards: (i) The definition of “accessory use” (see Section 8.4 – Definitions) and the general accessory use standards and limitations established in Section 5.3(B); (ii) The additional regulations for specific accessory uses established in Section 5.3(D), Specific Standards for Certain Accessory uses; (iii) The purpose and intent of the base and overlay districts in which the accessory use or structure is located; (iv) Any potential adverse impacts the accessory use or structure may have on other lands in the area as compared to other accessory uses permitted in the district; and (v) The compatibility of the accessory use or structure, including the structure in which it is housed (if applicable), with other principal and accessory uses permitted in the district. (b) The decision of the Community Development Department to permit or deny an unlisted use or structure is final, but may be appealed pursuant to Section 2.4(H). Section 8.4: Definition of “accessory” Section 8.4: Definition of “use” Section 5.3(B): General Standards and Limitations for Accessory Uses and Structures Section 5.3(D): Specific Standards for Certain Accessory Uses Section 2.4(H): Appeal of Administrative Decisions CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses Page 356 City of Monticello Zoning Ordinance (3) Table of Permitted Accessory Uses and Structures TABLE 5-4: ACCESSORY USES BY DISTRICT Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 R 4 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Accessory Dwelling Unit P P P P P 5.3(D)(1) Accessory Building – minor (≤ 120 square feet) P P P P P P P P P P P P P P P P 5.3(D)(2) Accessory Building – major (> 120 square feet) P P P P P P P C P P P P P P P P 5.3(D)(3) Adult Use – accessory C 5.3(D)(4) Agricultural Buildings P 5.3(D)(5) Automated Teller Machines (ATMs) P P P P P P P P 5.3(D)(6) Automobile Repair – Major C 5.3(D)(7) Automobile Repair – Minor C 5.3(D)(8) Boarder(s) P P P 5.3(D)(9) Co-located Wireless Telecommunications Antennae C C C C C C C C C C C C C C C C 4.13(E) Commercial Canopies P P P P P P P P 5.3(D)(10) Commercial Transmission/ Reception Antennae/ Structures C C C C C C 4.13(D) Donation Drop-off Containers P P 5.3(D)(11) Drive-Through Services P P P C P P P 5.3(D)(12) Entertainment/Recreation – Outdoor Commercial C C C C 5.3(D)(13) Fences or Walls P P P P P P P P P P P P P P P P 4.3 Greenhouse/Conservatory (non-commercial) P P P P P P P P P P P P P P P P 5.3(D)(14) Heliports C C C C C 5.3(D)(15) Home Occupations P P P P P P P P P P 5.3(D)(16) Indoor Food / Convenience Sales P P P P P P P P 5.3(D)(17) Indoor Storage P P P P P P 5.3(D)(18) Incidental Light Manufacturing P P P P P P P P 5.3(D)(19) Machinery/Trucking Repair & Sales C 5.3(D)(20) Office P P P P P P none Off-street Loading Space P P C P P P P P P P 4.9 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses City of Monticello Zoning Ordinance Page 357 TABLE 5-4: ACCESSORY USES BY DISTRICT (cont.) Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 R 4 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Off-street Parking P P P P P P P P P P P P P P P P 4.8 Open Sales P P P P P P P C C C 5.3(D)(21) Operation and storage of agricultural vehicles, equipment, and machinery P 5.3(D)(22) Outdoor Sidewalk Sales & Display (businesses) P P P P P P P P 5.3(D)(23) Outdoor Storage P P P P P P P P P P C C C P P 5.3(D)(24) Park Facility Buildings & Structures (public) P P P P P P P P P P P P P P P P 5.3(D)(25) Private Amateur Radio P P P P P P P P P P P P P P P P 4.13(B) Private Receiving Antennae and Antenna Support Structures P P P P P P P P P P P P P P P P 4.13(C) Retail Sales of Goods (as part of an office or industrial use) P P P P P P C C 5.3(D)(26) Shelters (Storm or Fallout) P P P P P P P P P P P P P P P P 5.3(D)(27) Sign(s) P P P P P P P P P P P P P P P P 5.3(D)(28) Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(29) Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(30) Large Trash Handling and Recycling Collection Area P P P P P P P P P P P P 5.3(D)(31) Wind Energy Conversion System, Commercial C C C C C 5.3(D)(32) Wind Energy Conversion System, Non-commercial C C C C C C C C C C C C C C C C 5.3(D)(33) Wireless Telecommunications Support Structures C C C C C C C 4.3(E) 4.3(F) (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Dwelling (a) Accessory dwelling units are permitted only on lots with single-family detached dwellings. (b) No more than one accessory dwelling unit per lot is permitted. CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses Page 374 City of Monticello Zoning Ordinance (c) 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. (d) 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. (27) Shelters (Storm or Fallout) Storm and fallout shelters shall not alter the character of the premises with respect to the primary use as permitted in the district. (28) Sign(s) All signs within the City shall comply with the finishing standards contained in Section 4.5, Signs. (29) Solar Energy Systems (a) All solar energy systems shall be operable and maintained in good repair. (b) Solar energy systems shall meet all required setbacks and height requirements of the underlying zoning district. (c) Solar energy systems shall be an integral part of the structure to which they are attached. (d) As a means of evidencing existing solar access conditions prior to installation, the owner of a solar energy system may file notarized photographs of the subject area with the Community Development Department prior to installation of said system. (30) Swimming Pools (a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24 inches in depth must be fenced in accordance with the provisions of Section 5.3(D)(29)(b) below. (b) Residential swimming pool fences shall be constructed as follows: (i) Residential swimming pool fences must be at least 48 inches in height. The fence must not permit the passage of a 4-inch sphere through openings in the fence. Fences must be constructed of durable, corrosion- and decay- resistive materials. Openings below the fence to grade must not exceed 4 inches. Section 4.5: Signs CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 426 City of Monticello Zoning Ordinance ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, a golf driving range, sand volleyball courts, go-carts, or a miniature golf course. This use does not include projectile weapon ranges (archery or shooting),a stadium or a drive-in movie theater. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. EROSION CONTROL: A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR: A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. EXTRACTION OF MATERIALS: the development or extraction of a natural resource in excess of four hundred (400) cubic yards from its natural occurrences on affected land without processing. EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the year. EXISTING TREE CANOPY: The crowns of all healthy self-supporting canopy trees with a diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper size of four inches or greater at breast height. CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots City of Monticello Zoning Ordinance Page 449 SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON-COMMERCIAL: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions. [See Section 4.1(H)] SHOPPING CENTER: An integrated grouping of commercial stores under single ownership or control. See also “RETAIL COMMERCIAL USES” SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees. SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun. SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar-generated energy. SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and bakeries. STABILIZATION / STABILIZED: The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STABLE: A building in which horses are sheltered; may be accessory to a residential or other use or a freestanding principal use. START OF CONSTRUCTION: The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 452 City of Monticello Zoning Ordinance TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the accumulation, storage and pick-up of refuse and recyclable material associated with multi- family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single family dwellings, or townhome units which do not utilize a communal location for trash and recycling. TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more. TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons. TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this ordinance. TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30 feet. TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the tree’s dripline. TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large dumpsters or compactors used to temporarily store trash and recycling materials prior to a regularly scheduled pick up. Such facilities are typically associated with multi-family buildings of more than four units, commercial operations and industrial sites. TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30 feet. UPLAND: Means all lands at an elevation above the ordinary high water mark. USE: The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this ordinance. PlanningCommissionAgenda:1/14/15 1 7.ConsiderationofarecommendationasrelatedtoInterimOrdinance#568for TemporarySignage.(AS) A.REFERENCE&BACKGROUND: InFebruaryof2011,theCityofMonticelloadoptedaninterimordinanceallowingforan expansioninallowancesfortemporarysignage.Interimordinancesallowamunicipality theopportunitytostudyanissueasrelatedtoofficialcontrols,suchaszoningordinances. TheinterimordinanceregulatingtemporarysignswasadoptedtoallowtheCityan opportunitytoanalyzethetemporarysignusageissueoveraperiodoftimeandwhether amendmentstothe“Signs”sub-sectionofthezoningordinancewerenecessaryto addressissueswiththeexistingordinance.Theprimaryissuesforevaluationwere numberofallowabledaysofuse,allowanceperbusinessversusbuildingorparcel,and signsize. Aninterimordinancerelatingtotheusageoftemporarysignssimilartothatadoptedin 2011wasapprovedinFebruaryof2012,Januaryof2013andJanuaryof2014. TheinterimordinanceadoptedinJanuaryof2014expiredJanuary1,2015.ThePlanning CommissionisaskedatthistimetorecommendtotheCounciladoptionofaninterim ordinancefortemporarysignagefor2015,ortorecommendanalternativeaction,suchas directingstafftopreparedraftamendmentstothezoningordinanceforconsiderationand publichearing. Thefollowingtableillustratesacomparisoninflexibilitybetweentheexistingzoning ordinanceandthatasallowedundertheinterimordinance. CodeRequirement ExistingOrdinance InterimOrdinance SignsAllowed Perparcel Perbusiness,signmustbe locatedonparcelonwhich businessinlocated NumberofSignsper Location 1 1signevery75linearfeetof ROW,1signperbusiness NumberofDays(Annual)40 Unlimited SquareFootageofSign 32sq.ft.40sq.ft. PermitRequired Yes Yes Theinterimordinancealsoprovidedadditionaltemporarysignallowancesasfollows. •SubjecttootherprovisionsofSection4.5(I),one(1)additionalflagdevice shallbepermittedforarestaurantbusinesswithoutdoorseatingforaperiod PlanningCommissionAgenda:1/14/15 2 ofuptoonehundredandfifty(150)days,tobelocatedwithinoralongtheir outdoorseatingarea.Suchsignageshallnotbelimitedbytheprovisionsof Sections4.5(I)(1). •One(1)signshallbeallowedperstreetfrontageonnon-residentialproperties whenapropertyisseekingtohireoremploypersonnel,providedthat: o Signmaybeuptoforty(40)squarefeetinarea. o Signmustbeonthepropertyonwhichthebusinessislocated. o Signmaynotbelocatedwithinapublicrightofwayoreasement. Theinterimordinancealsoincorporatedprovisionswhichrelatetoenforcementmatters fortemporarysignage.Theseareregulationswhichstipulatethattemporarysignsmay notbeplacedwithinpublicrightsofwayoreasements,requiresthepermitholderto trackthenumberofdaysused,andrequiresmaintenanceanddurabilityforsign materials. Thecompleteinterimordinanceadoptedin2014,whichincludesotherperformance standards,isalsoincludedwiththisreportasSupportingData. InDecemberof2012,thePlanningCommissionrecommendedtotheCityCouncilthe amendmentofthetemporarysignprovisionswithintheexistingzoningordinancerather thanextensionoftheinterimordinancefor2013. TheproposedamendmentsrecommendedbytheCommissionwerebasedonananalysis oftheinterimordinanceinpracticeinthecommunity.Analysispresentedatthattime includedfeedbackfromthebusinesscommunity,permitdata,violationinformation,and visualobservations. Asecondtablewaspreparedtoillustrateforcomparisonpurposestheflexibilities proposedundertherecommendedpotentialamendmentstothesignordinanceversusthe temporarysignordinanceasitexists.Theinterimordinanceprovisionsarenotincluded inthistable. CodeRequirement ExistingOrdinance ProposedOrdinance SignsAllowed Perparcel Perbusiness,signmustbe locatedonparcelon whichbusinessinlocated NumberofSignsper Location 1 1signevery75linearfeet ofROW,1signper business NumberofDays(Annual)40 150Days Size 32sq.ft.40sq.ft. PermitRequired Yes Yes PlanningCommissionAgenda:1/14/15 3 AfterreviewingtheCommission’srecommendationandavailableanalysis,theCity Council’sdecisionwastoextendtheinterimordinanceforanotheryearratherthanto adopttheproposedamendmentsnotedabove. Astheinterimordinanceexpiredatthebeginningofthisyear,theCommissionisasked toagainreviewthetemporarysigninterimordinanceandtomakearecommendationas toadoptionofanewinterimordinance,ortorecommendanalternative. B.ALTERNATIVEACTIONS: 1.Motiontorecommendadoptionofaninterimordinancefortemporarysignage consistentwiththeprovisionsforinterimordinanceaspreviouslyadoptedandas detailedinthestaffreportofJanuary14,2015. 2.Motionofother. C.STAFFRECOMMENDATION: PlanningCommissionmayseektorecommendtotheCounciltheadoptionofaninterim ordinancefortemporarysignageforanadditionalyear,giventhattherelativelynew membersoftheCommissionmaywishtohaveanopportunitytostudythetemporary signissueandbothexistingandinterimordinanceinmoredetailpriortoafinal recommendationonspecificamendmentstothezoningordinance. However,staffwouldnotethatinterimordinancesarespecificallypermittedforalimited amountoftimetoallowforstudyoftheissue.Itiscriticalthatinthecomingyear, amendmentstothezoningordinancearedeveloped.Staffwouldthereforefurther recommendthatthePlanningCommissionreviewtheissuebeginninginMarchof2015. Staffwillprovidebackgroundinformationincludingphotos,permitdata,andusageto supporttheCommission’sreview. D.SUPPORTINGDATA: A.InterimOrdinance#568 B.MonticelloZoningOrdinance,Chapter4,Section5(I),TemporarySigns CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (I) Temporary Signs Page 246 City of Monticello Zoning Ordinance (I) Temporary Signs (1) For property in a Business District or an Industrial District (see table 3-1), the use of commercial temporary sign devices shall not exceed forty (40) days per calendar year per building. Not more than one (1) temporary sign device per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. (2) In cases where properties forego, in writing, temporary signage allowed by Section 4.5(I)(1) above, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign may be incorporated into a property’s freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. (3) Subject to other provisions of Section 4.5(I), one (1) additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to forty (40) days to be utilized within six (6) months of the first day of the business opening to the public. Such signage shall not be limited by the provisions of Sections 4.5(I)(2). (4) Businesses or organizations with their activities located in the CCD, Central Business District, may display temporary, off-premise signs by express permit issued by the City Council or the Council’s designee where access to commercial areas requires directional signage from the City’s arterial roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances, including permanent signage, other on-site temporary signs, or “sandwich board” signs displayed pursuant to Section 4.5(C)(7). Signs allowed under this section may, at the discretion of the Council, be permitted under the following conditions: (a) Off-premise, temporary signs shall be no more than four (4) square feet in area. (b) Off-premise temporary signs shall be no more than three (3) feet in height. (c) Off-premise temporary signs shall be limited to no more than one (1) sign every seventy-five (75) lineal feet of street frontage, but no more than three (3) signs per parcel. CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (J) District Regulations City of Monticello Zoning Ordinance Page 247 (d) Notwithstanding other regulations to the contrary, such signs may be placed upon the public sidewalk within a City street right of way. Any such sign placed on the public sidewalk shall be located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic. (e) An application for an off-premise, temporary sign shall be accompanied by a written statement of permission from the owner of the private property on which the sign is to located. Such statement shall include an express grant of permission for City inspectors to enter the property for the purpose of inspecting and/or removing said signs. (f) An application for signs subject to the provisions of this section may be made for a single period of display, or in the alternative, the City may grant approval for annual license for the display of such signs in accordance with Section 2.4(K). Separate fees may be established for single-period or annual- period permits. (g) Eligible days for the display of signs subject to this section shall be Thursday, Friday, Saturday, or Sunday only. (5) Any temporary sign permitted under this section shall be required to display messages related only to the activity on the premises on which the temporary sign is located, with the exception that such sign may display messages defined as Community Informational Signs. The display of Community Informational signage shall not add to the number of days of temporary sign display allotted to a particular premises, business, or property by this section, and any such sign shall comply with all other regulations of this Chapter. (J) District Regulations In addition to the signs allowed by Section 4.5(C) and Section 4.5(I), the following signs shall be allowed within the specific zoning districts: (1) Within residential zoning districts (see table 3-1), the following additional regulations apply: (a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below, not more than one (1) sign shall be allowed provided that: (i) The area of the sign shall not exceed four (4) square feet. (ii) Freestanding signs shall be limited to a maximum height of four (4) feet. PlanningCommissionAgenda:1/14/15 1 8.ConsiderationofarecommendationregardingamendmentstoCityCode,Title 2,Chapter1–PlanningCommission.(AS) A.REFERENCEANDBACKGROUND: Atitslastregularmeeting,thePlanningCommissionrequestedtheopportunityto reviewtheCitycodeguidingitsactivities(Title1,Chapter1),forthepurposesof updatingcodeinformationwhererequired,andforconsiderationofarequirement relatingtomeetingattendance. Adraftofamendmentstotheordinancehasbeenpreparedasaguidefordiscussion. Theproposedamendmentsprovideforthefollowing: 1.Consistencyofsub-sectionheadingswithotherCitycodesforboardsand commissions. 2.ReferencetothedutiesofthePlanningCommissionasmaybeassignedbythe CityCouncilpursuanttotheMunicipalPlanningAct. 3.Amendmentofupdatedinformationrelatingtotermofoffice. 4.Additionofinformationrelatedtoattendancerequirements. 5.Additionalclarificationrelatingtothereschedulingofregularmeetingsofthe Commissionshouldconflictarise. 6.Referencetofeescheduleforcompensationinordertomaintaincurrencywith anyfuturechanges. B.ALTERNATIVEACTIONS: 1.MotiontorecommendtotheCityCouncilamendmentstoCityCode,Title2, Chapter1–PlanningCommissionasstatedbythePlanningCommission. 2.Motionofother. C.STAFFRECOMMENDATION: StaffdeferstothePlanningCommission’srecommendationasrelatedtothe ordinanceamendments.TheCityAttorneyandDeputyClerkhavereviewedthe proposedamendmentsshouldtheCommissionwishtoproceed. D.SUPPORTINGDATA: A.CityCode,Title2,Chapter1–PlanningCommission (existing) B.CityCodeTitle2,Chapter1–PlanningCommission (proposedamendmentsfor discussionreference) C.CityCode,Title2,Chapter6–Parks D.CityCode,Title2,Chapter10–Industrial&EconomicDevelopmentCommittee MONTICELLOCITYCODE TITLEII/Chapter1/Page1 CHAPTER1 PLANNINGCOMMISSION SECTION: 2-1-1:Composition 2-1-2:Organization;Meetings 2-1-1:COMPOSITION: (A)ThePlanningCommissionshallconsistoffivemembersappointedbythe Council.AllmembersshallberesidentsofthecityofMonticelloand shallhaveequalrightsandprivileges. (3/10/14,#593) (B)Allmembersshallbeappointedforthreeyearterms;however,saidterm maybeterminatedearlierbytheCouncil.Onemembershallholdoffice untilDecember31,2000;twomembersshallholdofficeuntilDecember 31,2001andtwomembersshallholdofficeuntilDecember31,2002. Annuallythereafter,appointmentsshallbemadeforthetermofthree years.Saidtermsaretocommenceonthedayofappointment.Vacancies duringthetermsshallbefilledbytheCouncilfortheunexpiredportionof theterm.Everyappointedmembershall,beforeenteringuponthe dischargeofhisduties,takeanoaththathewillfaithfullydischargethe dutiesofhisoffice.Allmemberswhoattendatleastonemonthlymeeting shallreceivecompensationof$50.00forthatmonth. (1/10/00,#337) (C)Allmemberswhoattendaspecialmeeting,requestedbyanapplicantwho paysaspecialmeetingfeesetbytheCity,shallreceiveadditional compensationof$50foreachspecialmeetingattended. (11/22/99,#336) 2-1-2:ORGANIZATION;MEETINGS: (A)TheCommissionshallelectachairfromamongitsappointedmembersfor atermofoneyear,andtheCommissionmaycreateandfillsuchother officesasitmaydetermine. (B)ThePlanningCommissionshallholdatleastoneregularmeetingeach month.ThismeetingshallbeheldonthefirstTuesday.Regularmeetings shallcommenceat6:00p.m.Hearingsshallbeheardassoonthereafteras possible.ThePlanningCommissionshalladoptrulesforthetransaction ofbusinessandshallkeeparecordofitsresolutions,transactions,and MONTICELLOCITYCODE TITLEII/Chapter1/Page2 findings,whichrecordshallbeapublicrecord. (C)SpecialmeetingsmaybecalledbytheChair,asneeded,andshallbe coordinatedwithcitystaff. (3/10/14,#593) MONTICELLOCITYCODE TITLEII/Chapter1/Page1 CHAPTER1 PLANNINGCOMMISSION SECTION: 2-1-1:NameoftheCommission 2-1-2:Authorization 2-1-3:Membership 2-1-4:TermofOffice 2-1-5:Attendance 2-1-6:Vacancy 2-1-7:Officers 2-1-8:Meetings 2-1-9:Quorum 2-1-10:DutiesoftheCommission 2-1-11:Amendments 2-1-12:Compensation 2-1-1:NAMEOFTHECOMMISSION:Thenameoftheorganizationshallbethe MonticelloPlanningCommission. 2-1-2:AUTHORIZATION:Theauthorizationfortheestablishmentofthiscommission issetforthunderMinnesotaStatutes,Section462,MunicipalPlanningEnabling Act.Theplanningcommissionisherebydesignatedtheplanningagencyofthe CitypursuanttotheMunicipalPlanningAct. 2-1-3:MEMBERSHIP:ThePlanningCommissionshallconsistoffivemembers appointedbytheCouncil.AllmembersshallberesidentsoftheCityof Monticelloandshallhaveequalrightsandprivileges. 2-1-4:TERMOFOFFICE: (A)Appointments.Allmembersshallbeappointedforthreeyearterms endingonDecember31st ofagivenyear;however,saidtermmaybe terminatedearlierbytheCouncil.Termsshallbestaggeredsothatno morethantwomembers’termsshallexpireinagivenyear.Saidtermsare tocommenceonthedayofappointmentbyCouncil.Everyappointed membershall,beforeenteringuponthedischargeofhisduties,takean oaththathe/shewillfaithfullydischargethedutiesofoffice. (B)Renewals.Whenanexpiringmember’stermisup,suchmembermaybe reappointedbyCouncilwiththeeffectivedateofthenewtermbeginning onthefirstdayofthenextyearfollowingtheexpiration. MONTICELLOCITYCODE TITLEII/Chapter1/Page2 2-1-5:ATTENDANCE:ItistheCityCouncil’sintentiontoencouragePlanning CommissionmemberstoattendallPlanningCommissionmeetings.Shouldany PlanningCommissionmemberbeabsentformorethanthreemeetingsina calendaryear,thatmembermaybesubjecttoreplacementbytheCityCouncil. 2-1-6:VACANCY:Anyvacancyintheregularorat-largemembershipshallbefilled bytheCityCouncil,andsuchappointeeshallservefortheunexpiredtermso filled. 2-1-7:OFFICERS: (A)Elections.TheCityPlanningCommissionshallelectatitsJanuary meetingfromitsmembershipachair,vicechair,andasecretarywhoshall serveforatermofoneyearandshallhavesuchpowersasmaybe prescribedintherulesofsaidCommission. (B)DutiesofChair.ThechairshallpresideatallmeetingsofthePlanning Commissionandshallhavethedutiesnormallyconferredand parliamentaryusageofsuchofficers. (C)DutiesofViceChair.Thevicechairshallactforthechairinhisabsence. (D)DutiesofSecretary.Asecretarymaybeappointedwhoisnotamember ofthePlanningCommissionbutcanbeemployedasamemberofcity staff.Thesecretaryshallkeeptheminutesandrecordsofthe Commission;andwiththeassistanceofstaffasisavailableshallprepare theagendaoftheregularandspecialmeetingsforCommissionmembers, arrangeproperandlegalnoticeofhearingswhennecessary,attendto correspondenceoftheCommission,andhandleotherdutiesasare normallycarriedoutbyasecretary. 2-1-8:MEETINGS: (A)ThePlanningCommissionshallholdatleastoneregularmeetingeach month.ThismeetingshallbeheldonthefirstTuesday.Regularmeetings shallcommenceat6:00p.m.Hearingsshallbeheardassoonthereafteras possible.ThePlanningCommissionshalladoptrulesforthetransaction ofbusinessandshallkeeparecordofitsresolutions,transactions,and findings,whichrecordshallbeapublicrecord.Themeetingshallbeopen tothegeneralpublic. (B)Intheeventofconflictforaregularly-scheduledmeetingdate,amajority atanymeetingmaychangethedate,timeandlocationofthemeeting. MONTICELLOCITYCODE TITLEII/Chapter1/Page3 (C)SpecialmeetingsmaybecalledbytheChair,asneeded,andshallbe coordinatedwithcitystaff. 2-1-9:QUORUM:AmajorityofallvotingPlanningCommissionmembersshall constituteaquorumforthetransactionofbusiness. 2-1-10:DUTIESOFTHECOMMISSION:TheCommissionhasthepowersandduties assignedtoitunderMinnesotaStatutes,Section462,MunicipalPlanning EnablingAct,bythisCode,andstatelaw. 2-1-11:AMENDMENTS:Thisordinancemaybeamendedasrecommendedbythe majorityvoteoftheexistingmembershipofthePlanningCommissionandonly aftermajorityvoteoftheCityCouncil. 2-1-12:COMPENSATION:CompensationofmembersoftheCommissionshallbeas setforthinCityCodeforFeeSchedule. (#336,11/22/99)(#337,1/10/11)(#593,3/10/14) (#607,1/26/15) MONTICELLO CITY ORDINANCE TITLE II/Chpt 6/Page 1 CHAPTER 6 PARKS COMMISSION SECTION: 2-6-1:Name of the Commission 2-6-2:Authorization 2-6-3:Membership 2-6-4:Term of Office 2-6-5:Attendance 2-6-6:Vacancy 2-6-7:Officers 2-6-8:Meeti ngs 2-6-9:Quorum 2-6-10:Duties of the Commission 2-6-11:Amendments 2-6-1:NAME OF THE COMMISSION: The name of the organization shall be the Monticello Parks Commission. 2-6-2:AUTHORIZATION: The authorization for the establishment of this commission is set forth under Minnesota Statutes, Section 448.56. Duties are delegated to the Parks Commission by the City Council of Monticello by this ordinance dated February 11, 1991, and power pursuant to Minnesota Statutes, Section 448.56 to 448.56. 2-6-3:MEMBERSHIP: The Monticello Parks Commission shall consist of five (5) regular members to be appointed by the City Council of Monticello. All members shall be residents of the city of Monticello and shall have equal rights and privileges. 2-6-4:TERM OF OFFICE: The term of the regular members shall be for three (3) years and shall be staggered so that no more than two members' terms expire in a given year. All regular terms shall expire at the first City Council meetings of the new calendar year. 2-6-5:ATTENDANCE: It is the City Council's intention to encourage Parks Commission members to attend all Parks Commission meetings. Should any Parks Commission member be absent for more than three meetings in a calendar year, that member may be subject to replacement by the City Council. 2-6-6:VACANCY: Any vacancy in the regular or at large membership shall be filled by the City Council, and such appointee shall serve for the unexpired term so filled. 2-6-7:OFFICERS: (A)Elections. The City Parks Commission shall elect at its January meeting from MONTICELLO CITY ORDINANCE TITLE II/Chpt 6/Page 2 its membership a chair, vice chair, and a secretary who shall serve for a term of one year and shall have such powers as may be prescribed in the rules of said commission. (B)Duties of Chair. The chair shall preside at all meetings of the Parks Commission and shall have the duties normally conferred and parliamentary usage of such officers. (C)Duties of Vice Chair. The vice chair shall act for the chair in his absence. (D)Duties of Secretary. A secretary may be appointed who is not a member of the Parks Commission but can be employed as a member of City staff. The secretary shall keep the minutes and records of the commission; and with the assistance of staff as is available shall prepare the agenda of the regular and special meetings for commission members, arrange proper and legal notice of hearings when necessary, attend to correspondence of the commission, and ot he r d ut ie s a s a re no rm al ly c ar ri ed ou t b y a s ec re ta ry. 2-6-8:MEETINGS: (A)Regular meetings shall be held on a date established by the Parks Commission. In the event of a conflict with a holiday or special events, a majority at any meeting may change the date and location of the meeting. The meeting shall be open to the general public. 2-6-9:QUORUM: A majority of the total Parks Commission members shall constitute a quorum for the transaction of business. 2-6-10:DUTIES OF THE COMMISSION: It shall be the duty of the commission, with staff assistance, to study and provide information to determine the park and open space needs of the city and make recommendations to the City Council in respect thereof, including general and specific development standards and criteria for evaluating specific sites. 2-6-11:AMENDMENTS: This ordinance may be amended as recommended by the majority vote of the existing membership of the Parks Commission and only after a majority vote of the City Council. (#203, 2/11/91) MONTICELLO CITY ORDINANCE TITLE II/CHAPTER 10/PAGE 1 TITLE 2 - CHAPTER 10 INDUSTRIAL AND ECONOMIC DEVELOPMENT COMMITTEE SECTION: 2-10-1: Name of Committee 2-10-2: Authorization 2-10-3: Membership 2-10-4: Term of Office 2-10-5: Attendance 2-10-6: Vacancy 2-10-7: Officers 2-10-8: Meetings 2-10-9: Quorum 2-10-10: Duties of the Committee 2-10-11: Amendments 2-10-1: NAME OF THE COMMITTEE: The name of the organization shall be the Monticello Industrial and Economic Development Committee (IEDC). 2-10-2: AUTHORIZATION: Duties are delegated to the IEDC by the City Council of Monticello by this ordinance dated June 28, 2010, and by Resolution No. 2008-44 approved the 27th day of May, 2008. 2-10-3: MEMBERSHIP: The Monticello IEDC shall consist of sixteen (16) to eighteen (18) regular members to be appointed by the City Council of Monticello. Said Committee members shall consist of Monticello business representatives or residents of the City of Monticello. Two Council members shall be appointed annually to serve on the IEDC. The Director of the Monticello Chamber of Commerce and Industry shall be an ex-officio member of the IEDC. 2-10-4: TERM OF OFFICE: The term of the regular members shall be for three (3) years and shall be staggered so that no more than one-half of the terms expire in a given year. All regular terms shall expire at the first City Council meeting of the new calendar year. 2-10-5: ATTENDANCE: It is the City Council’s intention to encourage IEDC members to attend all IEDC meetings. It is desired that IEDC members attend at least 75% of meetings in a calendar year. Members may be subject to replacement by the City Council in the event attendance does not meet this standard. 2-10-6: VACANCY: Any vacancy in the regular or at large membership shall be filled by the City Council, and such appointee shall serve for the unexpired term so filled. MONTICELLO CITY ORDINANCE TITLE II/CHAPTER 10/PAGE 2 2-10-7: OFFICERS: (A) Elections. The Monticello IEDC shall elect at its Annual meeting from its membership a chair, vice chair, and a secretary who shall serve for a term of one year and shall have such powers as may be prescribed in the rules of said Committee. (B) Duties of Chair. The chair shall preside at all meetings of the IEDC and shall have the duties normally conferred and parliamentary usage of such officers. (C) Duties of Vice Chair. The vice chair shall act for the chair in his absence. (D) Duties of Secretary. The secretary shall keep the minutes and records of the Committee with the assistance of City Staff. 2-10-8: MEETINGS: (A) Regular meetings shall be held on a date established by the IEDC. In the event of a conflict with a holiday or special events, a majority at any meeting may change the date and location of the meeting. The meeting shall be open to the general public. 2-10-9: QUORUM: A majority of the total IEDC members shall constitute a quorum for the transaction of business. 2-10-10: DUTIES OF THE COMMITTEE: It shall be the duty of the Committee, with staff assistance, to advocate and make recommendations to the Economic Development Authority and City Council, relative to and including influencing industrial and economic development in and for the City of Monticello, with an emphasis on industrial land, increase tax base and number of livable wage-level jobs by promoting industrial and economic growth, and working to maintain a desirable business environment. 2-10-11: AMENDMENTS: This ordinance may be amended as recommend by the majority vote of the existing membership of the IEDC and only after majority vote of the City Council. (#519, 8/23/10) Planning Commission Agenda: 1/14/15 1 9. Consideration to appoint a representative to the Transportation Advisory Committee. (AS) A. REFERENCE AND BACKGROUND: With the election of Charlotte Gabler to the City Council, the Planning Commission representation seat is open on the City’s Transportation Advisory Committee (TAC). The Commission is therefore asked to appoint a new representative to the TAC. The representative acts as the liaison between the two bodies. The TAC is responsible for assisting the City in defining transportation needs, lobbying support for transportation projects/studies, providing public education support, developing funding sources, and establishing transportation investment priorities, as well as to serve as a platform for future regional planning initiatives. Representatives from the City Council, Planning Commission, Economic Development Authority and Industrial & Economic Development Committee serve on this standing ad-hoc committee. At present, the Transportation Advisory Committee has been active in providing input on projects including the TH 25/CSAH 75 intersection, Fallon Avenue overpass and second river crossing. In the coming year, discussion on study of a west interchange location is also anticipated. The TAC meets every other month at 7:30 AM on the second Thursday of the month at the Monticello City Hall. B. ALTERNATIVE ACTIONS: Motion to appoint Commissioner _________ to serve as the Planning Commission representative to the Transportation Advisory Committee. C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: None. Planning Commission Agenda: 1/14/15 1 10. Consideration to review for discussion the Land Use Application Process. A. REFERENCE & BACKGROUND Staff will provide a verbal report and presentation regarding the procedures for land use applications during the December regular meeting.