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Planning Commission Agenda 09-01-2015 AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, September 1st, 2015 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Linda Buchmann, Sam Murdoff, John Falenschek, Marc Simpson Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC) 1. General Business A. Call to Order B. Consideration of approving minutes a. Regular Meeting Minutes – July 7th, 2015 b. Special Meeting Minutes - August 4th , 2015 c. Regular Meeting Minutes – August 4th, 2015 C. Citizen Comments D. Consideration of adding items to the agenda 2. Public Hearings A. Continued Public Hearing – Consideration of a Map Amendment for Rezoning from B-3 (Highway Business) District to B-2 (Limited Business) District, and ZoningText Amendment within the B-3 (Highway Business) District to allow Places of Public Assembly as a permitted or conditional use. Applicant: Quarry Community Church B. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 4 Finishing Standards, Section 4.3 Fences & Walls, Subsections (G) Prohibited Fences and (J) Appearance regulating Permit Requirements and allowable materials. Applicant: City of Monticello Planning Commission C. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 5 Use Standards, Section 5.3 Accessory Use Standards, Subsection (D) Additional Specific Standards for Certain Accessory Uses regulating accessory use related to outdoor bulk fuel sales. Applicant: Quality RV/Machholz, Craig for VHM Holdings/Von Hanson’s Meats 3. Regular Agenda A. Consideration of an update and recommendation on the Northwest Monticello Interchange Planning Area. 4. Added Items 5. Adjournment MINUTES MONTICELLO PLANNING COMMISSION Tuesday, July 7, 2015 - 6:00 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, Sam Murdoff, John Falenschek, Marc Simpson Absent: None Others: Angela Schumann, Steve Grittman (NAC), DJ Hennessey, Charlotte Gabler (Council Liaison) 1. General Business A. Call to order Brad Fyle called the meeting to order at 6:00 p.m. Fyle welcomed John Falenschek and Marc Simpson as new members of the Planning Commission. B. Consideration to accept Planning Commission minutes SAM MURDOFF MOVED TO ACCEPT THE JUNE 2, 2015 SPECIAL MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5-0. SAM MURDOFF MOVED TO ACCEPT THE JUNE 2, 2015 REGULAR MEETING MINUTES. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 5-0. C. Citizen Comments Joe Blum, of 4640 Country Circle, said that he had received a letter from the City stating that the wire mesh fence he is building on his property is in violation of City Code because it is constructed with prohibited material. Blum shared fence photos and signatures from neighbors who support his request to allow the fence. The Commissioners asked questions and agreed, by consensus, to add the request to the August meeting agenda. D. Consideration of adding items to the agenda  O’Ryan’s Kwik Trip (Gabler)  Mattress Firm (Gabler) 2. Public Hearings A. Continued Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1 – Use Table, Section 2 – Planning Commission Minutes: 7/07/15 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 Steve Grittman noted that the City’s one-year moratorium on solar energy generation facilities as a principal use had provided the Planning Commission an opportunity to more thoroughly consider issues related to solar uses and respond to pending legislation related to review authority for large solar installations (if appropriate) prior to amending the ordinance. Grittman explained that the proposed ordinance amendment allows solar energy systems as a permitted accessory use in all zoning districts, with some installations requiring a Conditional Use Permit, and limits solar energy systems as a principal use to properties which are rezoned to Planned Unit Development and customized according to standards specific to the project proposed. Brad Fyle opened the public hearing. As there were no comments, the public hearing was closed. LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC-2015-003 RECOMMENDING AMENDMENTS TO THE ZONING ORDINANCE AS PROPOSED IN DRAFT ORDINANCE NO. 613, BASED ON THE FINDINGS IDENTIFIED IN THE RESOLUTION. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 5-0. Schumann noted that the request would likely be included for City Council consideration as part of the July 27th meeting. B. Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 3, Section 7(E) for the ordinances regulating principal structure setbacks in non-riparian side, front and rear yards in the Mississippi Wild & Scenic Recreational River District. Applicant: City of Monticello Angela Schumann summarized that setback variances are often required to develop on many of the existing lots within Monticello’s Mississippi Wild & Scenic Recreational River District (MWSRR) because these properties do not meet 2 acre/200’ width requirements. She indicated that the proposed ordinance amendments would reduce the non-riparian side yard setback from 30 to 10 feet and the rear yard setback from 50 to 30 feet to reflect base zoning requirements. Schumann noted that the Department of Natural Resources (DNR) had made no formal comment related to this request. Brad Fyle opened the public hearing. Mike Kraus, 329 Riverview Drive, said that he supports the proposed amendments because current setbacks restrict the size of the house that can be Planning Commission Minutes: 7/07/15 3 built on the lot and that this prohibits the sale of the lot. Chris Schwickerout, of 6410 82nd Street NE, stated that he is a listing agent and supports the proposed amendment. Wayne Johnson, of 24800 100th Street, Zimmerman, said that he supports the proposed amendment because he is hoping to build a house on one of those lots. As there were no further comments, the public hearing was closed. Charlotte Gabler asked if changing the side yard setbacks would affect the staggering and averaging requirement. Angela Schumann agreed to check on that and provide an update. SAM MURDOFF MOVED TO RECOMMEND ADOPTION OF THE PROPOSED ORDINANCE AMENDMENTS AND TO DIRECT STAFF TO PREPARE THE REQUIRED ORDINANCE NO. 619 FOR CONSIDERATION BY THE CITY COUNCIL, BASED ON THE FINDINGS THAT: A) THE ORDINANCE AMENDMENTS AS PROPOSED CONTINUE TO SUPPORT THE COMPREHENSIVE PLAN; B) THE ORDINANCE AMENDMENTS ARE CONSISTENT WITH MINNESOTA RULES FOR THE MISSISSIPPI WILD SCENIC AND RECREATIONAL RIVER DISTRICT; AND C) THE AMENDMENTS ELIMINATE CONFLICTS BETWEEN THE ORDINANCE AND EXISTING DEVELOPMENT, AND REDUCE NON- CONFORMITIES IN THE OVERLAY DISTRICT. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5-0. Angela Schumann noted that this item would be considered on the consent agenda at the next City Council meeting. C. Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 3, Section 4(F) – Single and Two-Family Residential, 5.2(C) - Standards for Residential Uses and Chapter 8, Section 4 – Definitions, for ordinance regulating minimum residential standards in the R-2 District. Applicant: City of Monticello Angela Schumann summarized that the proposed amendments related to performance standards and definitions within the R-2 (Single and Two-Family Residential) District. She noted that staff had initiated this request to address concerns that existing code language related to square footage requirements could lead to differing interpretations and inconsistent application of the ordinance. Schumann explained that the proposed amendment would clarify the required Planning Commission Minutes: 7/07/15 4 amount of finished rather than finishable square footage. She also noted that the amendment would create graduated square footage requirement standards for R-2 dwelling unit types. The graduated requirements proposed are 1,600 square feet finished for single-family dwelling units and 1,400 square feet finished per each duplex dwelling unit, each townhome dwelling unit and each multiple-family dwelling unit. Schumann also pointed to some minor clarifications proposed to provide consistency. These amendments involve the number of townhome units allowed, the elimination of Table 5-2: Minimum Floor Area By Type (as well as references to the table) and definitions for single-family, townhouse and duplex units. There was considerable discussion related to downsizing and life-cycle housing needs and an interest in reducing the required minimum finished square footage proposed for duplex, townhome and multi-family dwelling units. Brad Fyle opened the public hearing. As there were no comments, the public hearing was closed. Schumann noted that commissioner comments and questions indicated an interest in reviewing additional information and further considering issues related to finished square footage requirements and building materials. She pointed out that staff would republish the public hearing notice related to this request to also include consideration of amending Chapter 4, Section 11, Building Materials. LINDA BUCHMANN MOVED TO TABLE CONSIDERATION OF THE PROPOSED ORDINANCE AMENDMENTS UNTIL THE AUGUST PLANNING COMMISSION MEETING. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5-0. 3. Regular Agenda A. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance Angela Schumann noted that staff will meet with representatives from the Chamber and the business community to discuss potential amendments to temporary sign regulations at 1 p.m. on July 21st at the Monticello Community Center. Schumann indicated that she would provide a summary report of that meeting as part of the August agenda packet. 4. Added items  O’Ryan’s/Kwik Trip (Gabler) – Angela Schumann noted that O’Ryan’s/Kwik Trip representatives had applied for a sign permit. Planning Commission Minutes: 7/07/15 5  Mattress Firm (Gabler) – Angela Schumann noted that the Building Department permit review process is underway for the multi-tenant structure. 5. Adjournment LINDA BUCHMANN MOVED TO ADJOURN THE MEETING AT 8:02 PM. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 5-0. Recorder: Kerry Burri __ Approved: Attest: ___________________________________________ Angela Schumann, Community Development Director MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Tuesday, August 4th, 2015 - 4:30 p.m. Academy Room, Monticello Community Center Present: Brad Fyle, John Falenschek, Marc Simpson Absent: Sam Murdoff, Linda Buchmann, Council Liaison Charlotte Gabler Staff: Angela Schumann 1. Call to Order Brad Fyle called the meeting to order at 4:30 p.m. 2. Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 3, Section 4(F) - Single and Two-Family Residential, Chapter 4, Section 11 - Building Materials, Chapter 5, Section 2(C) - Standards for Residential Uses and Chapter 8, Section 4 - Definitions, for ordinance regulating minimum residential standards in the R-2 District; Planning Case Number: 2015-023 Angela Schumann summarized that the purpose of the workshop is to present information in response to comments related to proposed unit size standards which led the Planning Commission to table action on amending the zoning code in the R-2 (Single and Two- Family Residential) District during their July meeting. Schumann shared excerpts from the 2008 Comprehensive Plan and the 2010-2011 Zoning Rewrite Steering Committee minutes to point out that these documents provide policy guidance which is to be specified through zoning regulations. She noted that the steering committee had identified increasing the minimum square footage among unit types as a priority in support of the Comp Plan’s “move-up housing” goal. Schumann explained that the Comp Plan goals reflect policy decisions which are subject to amendment per Planning Commission’s discretion. Schumann noted that staff had revised the proposed graduated scale for square footage requirements in the R-2 District to distinguish finishable area within each housing type. She indicated that single-family dwelling units are proposed to require a minimum of 1,800 square feet of finishable area. Duplexes, townhomes and multiple-family dwelling units are proposed to require a minimum of 1,400 square feet of finishable area. Schumann indicated that staff had also proposed adding a standard which would require a minimum finished square footage matching the foundation size of 1,050 square feet and adding a building materials standard which would require a 15% faced treatment for consistency with the R-1 (Residence) District. Schumann pointed out that the proposed standards would apply to both new developments as well as infill developments in existing older neighborhoods. Schumann presented examples of existing R-2 properties to examine the proposed standards more tangibly within the community. Special PC Meeting Minutes 8/04/15 2 3. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 5:40 P.M. JOHN FALENSCHEK SECONDED THE MOTION. MOTION CARRIED 3-0. Recorder: Kerry Burri __ Approved: Attest: ____________________________________________ Angela Schumann, Community Development Director Planning Commission Agenda – 9/01/2015 1 2A. Continued Public Hearing – Consideration of a Text Amendment within the B-3 (Highway Business) District to allow Places of Public Assembly as a permitted or conditional use. Applicant: Quarry Community Church (NAC) Property: Legal: Lot 1, Block 1, Gould Addition, Monticello Address: 3939 Chelsea Road West Planning Case Number: 2015-030/ ZQCSRZ A. REFERENCE & BACKGROUND Request(s): Amend the B-3 District to add Places of Public Assembly to the list of potential uses. Deadline for Decision: August 29th, 2015. A letter extending the agency action deadline was sent to the applicant on August 6th, 2015. The extended applicable agency action deadline is now October 28th, 2015. Land Use Designation: Places to Shop Zoning Designation: B-3, Highway Business Overlays/Environmental Regulations Applicable: NA Current Site Use: Office; Warehouse Surrounding Land Uses: North: I-94 East: Automotive Service (Zoned B-3) South: Vacant Commercial (Zoned B-3) West: Automotive Dealership (Zoned B-3) Project Description and Background: Quarry Church is seeking to locate their church operations and facilities to the property at 3939 Chelsea Road. The property was initially developed and operated as an automobile dealership. Operations for Cornerstone Chevrolet, the most recent automotive facility, were moved to the corner of Chelsea and Highway 25, and the property in question was vacated. For the past several months, other uses have occasionally occupied the property, including general warehousing. Planning Commission Agenda – 9/01/2015 2 In 2014, the City approved an interim ordinance accommodating temporary occupancy of the structure as a “Place of Public Assembly”, in that case to accommodate a church facility for another congregation. Since the B-3 zoning district does not permit churches or similar assembly uses, the interim ordinance allowed a temporary church use while the City studied the concept of making more permanent changes to its zoning ordinance. The Zoning Ordinance defines Places of Public Assembly as follows: PLACE OF PUBLIC ASSEMBLY: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which such functions and activities are held. In 2014, after reviewing the options, the City ultimately decided that the B-3 District was designed specifically to encourage automotive or highway business uses, and declined at that time to make permanent ordinance changes. The interim ordinance expired, and the temporary church occupancy was moved from the subject property. Regarding the current application requests made by Quarry Community Church, the Planning Commission considered either of two alternative actions from the City to reconsider a church use of the subject property during its August regular meeting. One option was to rezone the property from B-3, Highway Business, to B-2, Limited Business District, where the public assembly use is permitted. The Planning Commission voted on August 4th to recommend denial of a rezoning of the property, based largely on findings that noted the unique design of the B-3 District, the prominence of B-3 zoning in the area, and concerns that the B-2 District would support uses that are inconsistent with the B-3 District and the Comprehensive Plan. The applicants also requested an alternative option for consideration of a text amendment to the language of the B-3 District adding Places of Public Assembly as an allowed use in the district. It is staff’s understanding that the applicants would prefer that the use be “Permitted” rather than “Conditional”. Currently, places of public assembly are conditionally allowed in most of the City’s residential districts. The use is not allowed in the B-3 (or B-4) districts. It is also allowed in the CCD by Conditional Use Permit. The Commission tabled action on the proposed text amendment and continued the public hearing, pending staff’s preparation of draft language and a recommendation on process. That language and recommendation are incorporated into this report. ANALYSIS Places of Public Assembly are currently allowed in various districts of the city, under the following standards, regardless of location or zoning district: Planning Commission Agenda – 9/01/2015 3 1. Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. 2. The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. 3. When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with section 4.1(G) of the Ordinance. 4. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.1(F) of the Ordinance. 5. Adequate off-street loading and service entrances are considered and satisfactorily provided. The B-3 district includes the following purpose statement: The purpose of the “B-3” (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Typical uses in the B-3 District include auto repair, auto and other vehicle sales and service, car washes, business services, commercial lodging, convenience retail, outdoor entertainment/recreation, financial institutions (by CUP), offices (by CUP), personal services, restaurants, and vehicle fuel sales (by CUP). The B-3 District does not include the medical or most semi-public uses, and directs that various retail activities are more likely to be allowed only by CUP, rather than permitted use. Instead, the B-3 includes the City’s automobile-oriented business uses, and is intended to accommodate those uses most likely to be needed by travelers, such as lodging and fuel sales. The Monticello Zoning Ordinance provides criteria for the evaluation of amendments to the zoning ordinance as follows. (a) Whether the proposed amendment corrects an error in the original text or map; or Planning Commission Agenda – 9/01/2015 4 (b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. In this case, the proposed amendment is not proposed to correct a map or text error. As previously noted, the subject site is located between land zoned B-3 to the east and west, and surrounded by existing automotive uses. These uses are consistent with the purpose of the B-3 District and therefore no changed condition exists in the surrounding area. Further, in relationship to the Comprehensive Plan, the Comprehensive Plan classifies the subject site and surrounding area as “Places to Shop”, a category which presumes that the primary land use activity would be commercial retail sales or services. Institutional uses, including places of assembly such as the applicant in this case, are identified in the Comprehensive Plan with the “Places for Community” land use category. The Land Use Plan, as included in the City’s 2008 Comprehensive Plan, depicts series of “places” for private development. These include “Places to Live”, “Places to Shop”, “Places to Work”, and “Downtown.” A “place of public assembly” is a unique use in that it is not necessarily a place to live, shop or work. The Comprehensive Plan does however, make reference to “Places for Community” which appears to include “places of public assembly” from a land use perspective. According to the Plan, “Places for Community” include public and semi-public land uses. Public uses include all governmental facilities and schools. The “Places for Community” category also includes churches, cemeteries, hospitals and other institutional uses. To be noted is that the Comprehensive Plan does not guide the location of new churches, schools public buildings and other institutional uses. The Plan also notes that new institutional uses should be allowed in residential areas under certain conditions. In this regard, aspects of proposed institutional uses related to the following must be considered:  Size/scale of development in relation to the surrounding neighborhood.  Parking impacts upon surrounding residential areas.  Traffic impacts.  Lighting and signage should be compatible with surrounding residential areas. The question for the Planning Commission is whether Places of Public Assembly as defined can fit within the B-3 District, as its purpose statement is written. To adopt Planning Commission Agenda – 9/01/2015 5 such an amendment, the City would be making a finding that the proposed use would be an acceptable use within the district, consistent or compatible with other uses that are zoned B-3. The primary issue with these types of amendment requests is usually that the district encompasses a specific purpose on a wide variety of parcels or locations, and that there is a presumption that the proposed use would fit well within the district on those other sites. The B-3 District encompasses a significant amount of property along Highway 25, south of I-94. This land has long been envisioned to serve as the primary commercial growth area for the City. This type of amendment would raise issues as to the supply of that type of land, particularly for land uses that rely on automobile-oriented sales or service. As noted above, the City has taken care to create a specific role for the B-3 District in planning for land use and commercial development, limiting the types of uses that are allowed in the district, and applying the district to those areas that have the qualities demanded by the district’s purpose statement. The district specifically excludes several uses that are allowed in the B-2 or B-4 commercial districts, and includes several uses that are not allowed in the B-2 or B-4 areas. Of potential concern in these circumstances is the application of the Religious Land Use and Institutionalized Persons Act, a 2000 Federal law that arguably requires government to provide accommodation to religious groups in land use cases. RLUIPA, as it is commonly referred to, prohibits local governments from adopting land use regulations that impose a substantial burden on religious group or uses unless there are compelling reasons. Religious landowners have filed RLUIPA claims in challenging local government land use decisions. Whether the law requires a preference for religious uses, or simply provides a means to challenge local rules that impose a substantial burden may be debatable, but the law definitely conveys some type of special right to religious institutions. In Minnesota, there have been several recent RLUIPA cases that have received extensive media coverage. While only a few have led to the active involvement of the Department of Justice, all have resulted in negotiated settlements that have allowed the religious use proposed to proceed in some fashion. Amending the City’s regulations to allow the proposed use under conditions would reduce the chance of litigation. If the City believes that accommodation to the proposed church use on the site in question is reasonable and acceptable, one option may be to consider an amendment to the B-3 District adding Places of Public Assembly by CUP. As identified previously, the CCD makes a similar accommodation. In this way, the City could consider specific conditions under which the use might be acceptable in the District, providing a path to approval of such a use, but with the ability to define the circumstances under which a permit would be approved. As such, site-specific issues Planning Commission Agenda – 9/01/2015 6 could be addressed that would mitigate incompatibility concerns on any individual request. Church development has changed over time from older models in which churches were commonly embedded in residential areas, and drew predominantly from the surrounding neighborhood. Quarry’s application is not atypical in that many church congregations are seeking high-visibility/high-access sites for large assemblies attracting significant numbers from the surrounding region, not just the local area. These types of facilities are not amenable to residential surroundings. However, they can also raise issues for certain commercial development objectives, including continuity of retail interaction and compatible traffic generation. Staff believes that the CUP approach would give the City some level of discretion in finding the proper sites, and applying appropriate conditions, to a public assembly use in the B-3 areas of the community. Staff suggests, in addition to the current standards noted above, that the following conditions be included in any B-3 amendment: 1. Public Assembly in the B-3 is only allowed on properties of 10 acres in size or more. The purpose of this condition would be to ensure that the assembly use is a “regional” facility, one which would not be a fit in the other zoning districts – particularly in residential areas. Since the B-3 District is intended to serve populations from beyond the limits of the community – as opposed to smaller “neighborhood” service areas – the larger facilities are those which are best suited to the B-3 District, rather than the residential zones or the B-2 District. 2. Public Assembly uses must occupy buildings of at least 20,000 gross square feet of area. The purpose of this condition is to ensure that the proposed assembly use is a large facility that would not fit within the common commercial areas of the B-2 or CCD zones, such as multi-tenant spaces that accommodate smaller users. As with the lot size condition, smaller assembly uses are more likely appropriate in areas where local populations serve as the target market. Those uses are best located in the residential or B-2/CCD locations. The B-3 District is more appropriate for the large parking lot needs of larger assembly uses, whereas smaller assembly uses fit well within districts that generate lower parking demand, similar to other B-2/CCD and/or residential districts. 3. Public Assembly uses in the B-3 district shall provide off-street parking areas that are designed to meet their unique traffic patterns and parking accumulation ratios. For the B-3 district, the recommended requirement would be one parking space per 2.5 seats in the main assembly area, based on the building code calculation for maximum occupancy. For large assemblies, parking ratios have proven to exceed traditional parking requirements adopted for residential locations. Monticello’s current requirement is one space per 4 seats. This requirement assumes a high Planning Commission Agenda – 9/01/2015 7 occupancy per vehicle, and a significant proportion of the attendees arriving on foot. B-3 locations will not likely support large proportions of pedestrian traffic due to location – indeed, the district is designed to be automobile-oriented. Studies show parking demand averaging as high as 4.5 spaces per 10 persons. 4. Public Assembly in the B-3 District will be required to provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without negatively impacting the adjoining public streets. Private and/or public street improvements may be required to ensure no negative impacts. Because of the unique traffic generation aspects of assembly uses, it may be necessary to require extraordinary improvements to ensure safe public street design. 5. CUP applications for Public Assembly use in the B-3 District will require the identification of the principal use, and those other uses of the subject property that are proposed as accessory uses. All such uses must be allowed in the B-3 District, and may impact other support activities such as parking supply. The definition of Public Assembly includes a wide variety of public, quasi-public, and private commercial uses. It will be important to understand how the principal and accessory uses of the property interact and impact public services. These conditions are designed to ensure that the City is able to implement the purpose of the B-3 District – provision of land for auto-oriented and traveler-based land uses. The amendment would entail a change to the land use table in Section 5.1 of the zoning ordinance (designating public assembly as a Conditional Use). In addition, Section 5.2 (d)(8) would be amended by the inclusion of the recommended conditions listed above, specific to the B-3 zoning district. Other zoning considerations. A companion action may be to consider rezoning portions of the current B-3 district to B-4, in the event that those areas do not meet the City’s land use objectives, particularly as the B-3 District is (or would be) written. This rezoning action would require separate hearings and consideration, and is not a condition of action on the Quarry Church application. B. ALTERNATIVE ACTIONS As noted, the Planning Commission acted at its August regular meeting on the requested rezoning action, recommending denial of the rezoning. Therefore, the decision before the Commission is for the request for text amendment to the B-3 District. Planning Commission Agenda – 9/01/2015 8 Decision 1: ZONING TEXT AMENDMENT TO THE B-3, HIGHWAY BUSINESS DISTRICT ADDING PLACES OF PUBLIC ASSEMBLY TO THE LIST OF ALLOWABLE USES: 1. Motion to adopt Resolution No. PC-2015-012 recommending approval of the requested text amendment adding places of public assembly as a permitted uses in the B-3 listing of allowable principal uses, based on findings in said resolution for approval. 2. Motion to adopt Resolution No. PC-2015-012 recommending denial of the requested text amendment adding places of public assembly as a permitted uses in the B-3 listing of allowable principal uses, based on finding in said resolution for denial. 3. Motion to table action on Resolution No. PC-2015-012, subject to additional information related to potential conditions related to the use and/or site in question. C. STAFF RECOMMENDATION As discussed, the application before the Commission at this time is a request to make necessary zoning changes to accommodate a Place of Public Assembly on property currently zoned B-3, Highway Business. If the Commission is favorable to the text amendment approach, planning staff would recommend the addition of appropriate conditions that might apply to a Conditional Use Permit in the B-3 District. With the City’s adoption of such amendment, the applicant would be able to prepare an application for a CUP to be presented for consideration at a future public hearing. D. SUPPORTING DATA A. Resolution No. PC – 2015-012A, Recommendation to approve text amendment B. Resolution No. PC-2015-012B, Recommendation to deny text amendment C. Draft Ordinance No. 623 D. Aerial Site Image E. Applicant Narrative F. Letter, Venture Bank, dated 7/29/15 G. Staff Report and Study of Places of Public Assembly, 2014 H. Planning Commission Minutes, 2014 I. City Council Minutes, 2014 J. Official Monticello Zoning Map K. Monticello Zoning Ordinance, Excerpts: a. 3.5(D), B-2 (Limited Business) District Planning Commission Agenda – 9/01/2015 9 b. 3.5(E), B-3 (Highway Business) District c. 5.1 - Use Table d. 5.2(D) - Use Specific Standards e. 8.4 - Definitions L. Monticello Comprehensive Plan, Excerpts a. Places to Shop b. Places for Community c. Land Use Map CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2015-012 1 Motion By: Seconded By: RECOMMENDING APPROVAL OF A ZONING TEXT AMENDMENT TO THE B-3, HIGHWAY BUSINESS DISTRICT ADDING “PLACES OF PUBLIC ASSEMBLY” AS AN ALLOWABLE USE IN THE DISTRICT WHEREAS,the applicant seeks an amendment to the B-3 Zoning District that would add “Places of Public Assembly” as a potential use in the District; and WHEREAS,the area is guided for “Places to Shop” in the Monticello Comprehensive Plan; and WHEREAS,both the B-3 zoning district is consistent with designated land use category; and WHEREAS,the proposed amendment would accommodate a use that would be consistent with other existing and future land uses in the area; and WHEREAS,the Planning Commission held a public hearing on August 4th, 2015 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS,the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS,the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.The property is guided for “Places to Shop” in the Comprehensive Plan. 2.The current zoning district is a compatible zoning district within the land use category. 3.The proposed use within the B-3 District would be compatible with the existing and future uses of land in the area. 4.The proposed use would meet the requirements of the Zoning Ordinance for Places of Public Assembly in the B-3 District. 5.The City has adequate land areas zoned and guided for other B-3 uses to satisfy future land demand. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2015-012 2 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: That the City Council should approve the amendment to the zoning ordinance including “Places of Public Assembly” within the list of uses in the B-3, Highway Business zoning district. ADOPTED this 4th day of August, 2015, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2015-012 1 Motion By: Seconded By: RECOMMENDING DENIAL OF A ZONING TEXT AMENDMENT TO THE B-3, HIGHWAY BUSINESS DISTRICT ADDING “PLACES OF PUBLIC ASSEMBLY” AS AN ALLOWABLE USE IN THE DISTRICT. WHEREAS,the applicant seeks an amendment to the B-3 Zoning District that would add “Places of Public Assembly as a potential use in the District; and WHEREAS,the area is guided for “Places to Shop” in the Monticello Comprehensive Plan; and WHEREAS,the surrounding properties to the east, west, and south are zoned B-3, Highway Business; and WHEREAS,the properties to the east and west are occupied by automotive-related business uses, and the property to the south is vacant; and WHEREAS,the B-3, Highway Business zoning district is a specialized zoning district intended to provide land for business uses that serve the traveling public; and WHEREAS,the Planning Commission held a public hearing on August 4th, 2015 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS,the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS,the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.The property is guided for “Places to Shop” in the Comprehensive Plan. 2.The surrounding zoning provides for B-3 uses. 3.The proposed amendment would introduce a land use to the B-3 District that is inconsistent with the existing uses and the intent of the zoning district. 4.The proposed use of the property for public assembly would interrupt the pattern of automotive-related business uses that are both planned and in place in the area. 5.The addition of the use to the list of uses in the district would make it an eligible use throughout the B-3 District, including many areas that may be inconsistent with the existing land use pattern and the planning goals of the City. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2015-012 2 6.The automotive-related B-3 District uses represent the highest and best uses of land for the subject property. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: That the City Council should deny the amendment to the B-3 District, and retain the existing language and list of potential uses. ADOPTED this 4th day of August, 2015, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director 1 ORDINANCE NO. 623 CITY OF MONTICELLO MINNESOTA, WRIGHT COUNTY AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE FOR THE FOLLOWING: REVISE CHAPTER 5.1 (USE TABLE) TO ADD PLACES OF PUBLIC ASSEMBLY AS A CONDITIONAL USE IN THE B-3, HIGHWAY BUSINESS DISTRICT; 5.2 (8) ADDING PERFORMANCE STANDARDS FOR PLACES OF PUBLIC ASSEMBLY IN A B-3 DISTRICT. THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Section 1.Chapter 5, Table 5-1, Civic and Institutional Uses is hereby amended as follows: Places of Public Assembly shall be Conditional Use in the B-3, Highway Business District. Section 2.Chapter 5, Section 2(D)(8) is hereby amended to add the following: (8) Places of Public Assembly (f) Public Assembly in the B-3 District: (i) Shall only be allowed on properties of 10 acres in size or more. (ii)Public Assembly uses must occupy buildings of at least 20,000 gross square feet of area. (iii) Public Assembly uses in the B-3 district shall provide off-street parking areas that are designed to meet their unique traffic patterns and parking accumulation ratios. For the B-3 district, the requirement shall be one parking space per 2.5 seats in the main assembly area, based on the building code calculation for maximum occupancy. (iv) Proposed Public Assembly applications in the B-3 District will be required to provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without negatively impacting the adjoining public streets. Private and/or public street improvements may be required to ensure no negative impacts. (v) CUP applications for Public Assembly uses in the B-3 District will require the identification of the principal use, and those other uses of the subject property that are proposed as accessory uses. All such uses must be allowed in the B-3 District. 2 Section 4.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5.This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. __________________________________ Brian Stumpf, Mayor ATTEST: ___________________________________ Jeff O’Neill, Administrator AYES: NAYS: Map Amendment Rezoning B-3 (Highway Business) to B-2 (Limited Business) & Text Amendment within B-3 to allow Places of Public Assembly as a Permitted or Conditional Use Lot 001, Block 001, Gould Addition, 155-184-001010, 3939 Chelsea Rd W Created By: City of Monticello Date Created: 7/17/2015 Planning Commission Agenda 06/03/14 1 9. Analysis related to Interim Ordinance #590, an Interim Ordinance Allowing Places of Public Assembly on a Temporary Basis as a Principal or Accessory Use in a B-3(Highway Business) District (NAC) A. REFERENCE & BACKGROUND Request(s): In response to the City’s recent establishment of an interim ordinance associated with the temporary allowance of “places of public assembly” within B-3, Highway Business Districts, related background information has been assembled for the Planning Commission’s consideration. ANALYSIS Interim Ordinance Amendment. This spring, the City Council approved an interim ordinance to allow “places of public assembly” on a temporary basis (as a principal or accessory use) in B-3, Highway Business Districts by interim use permit. In conjunction with such approval, the City Council also approved a specific interim use permit to allow “a place of public assembly” (Faith Family Life Center) on the former Cornerstone Chevrolet property located at 3939 Chelsea Road West. The purpose of an interim ordinance is to allow a municipality to put temporary standards in place applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens (MS§462.355 Subd.4). Within the duration of the interim ordinance, the City must also initiate a study to evaluate the potential impact of a policy to consider changes to its land use controls. An examination of the City’s existing regulation of “places of public assembly” is considered an appropriate next step in regard to an evaluation of the use. “Place of Public Assembly” Definition. The City’s Zoning Ordinance defines a “place of public assembly” as follows: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which such functions and activities are held. The preceding definition includes churches, fraternal lodges, and social clubs. Planning Commission Agenda 06/03/14 2 To be noted is that the preceding definition does not include “motion picture theaters.” Rather, “motion picture theaters” are considered a type of “indoor commercial entertainment” as defined in the Ordinance. Comprehensive Plan. The Land Use Plan, as included in the City’s 2008 Comprehensive Plan, depicts series of “places” for private development. These include “Places to Live”, “Places to Shop”, “Places to Work”, and “Downtown.” A “place of public assembly” is a unique use in that it is not necessarily a place to live, shop or work. The Comprehensive Plan does however, make reference to “Places for Community” which appears to include “places of public assembly” from a land use perspective. According to the Plan, “Places for Community” include public and semi-public land uses. Public uses include all governmental facilities and schools. The category also includes churches, cemeteries, hospitals and other institutional uses. To be noted is that the Comprehensive Plan does not guide the location of new churches, schools public buildings and other institutional uses. However, the Plan notes that new “Places for Community” will be needed in the northwest area of the City as it develops. The Plan also notes that new institutional uses should be allowed in residential areas under certain conditions. In this regard, aspects of proposed institutional uses related to the following must be considered:  Size/scale of development in relation to the surrounding neighborhood.  Parking impacts upon surrounding residential areas.  Traffic impacts.  Lighting and signage should be compatible with surrounding residential areas. District Allowance. “Places of public assembly”, as defined by the Zoning Ordinance, are presently allowed within the City as follows: Zoning District District Purpose District Allowance R-1, Single Family Residence To provide for low density, single family, detached residential dwelling units and directly related complementary uses. Conditional Use R-2, Single and Two Family Residence To provide for low to moderate density one and two unit dwellings and directly related complementary uses. Conditional Use TN, Traditional Neighborhood Residence To provide for medium density, single family, detached residential dwelling units and directly related complementary uses. Conditional Use R-4, Medium-High Density Residence To provide for medium to high density housing in multiple family structures Conditional Use Planning Commission Agenda 06/03/14 3 of 13 or more units per building, and at densities of between 10 and 25 units per acre. B-2, Limited Business To provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. Permitted Use CCD, Central Community District To provide for a wide variety of land uses, transportation options, and public activities in the downtown Monticello area, and particularly to implement the goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Embracing Downtown Monticello report and its Design Guidelines. Conditional Use, all sub-districts B-3, Highway Business To provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Interim Use (per recently approved amendment) Performance Standards. Section 5.2 of the Zoning Ordinance establishes a set of performance standards which are specific to all “places of public assembly” within the City. These conditions, as reiterated below, are to be applied in addition to basic general provisions and district standards. 1. Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. 2. The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. 3. When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with section 4.1(G) of the Ordinance. 4. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.1(F) of the Ordinance. 5. Adequate off-street loading and service entrances are considered and satisfactorily provided. There are a couple of categories of issues raised by the interim use request. These are summarized below, with staff comments included. Planning Commission Agenda 06/03/14 4 1. A primary purpose of the City’s Zoning Ordinance is to implement the land use directives of the City’s Comprehensive Plan. Thus, a primary question to be answered is whether or not the current Comprehensive Plan policies related to “places of public assembly” remain applicable. Recognizing that “places of public assembly” are not specifically referenced in the Plan, the following questions are raised: a. Are “places of public assembly” clearly a subset of “places for community” as referenced in the Plan and thus subject to the same land use directives? Staff Comment: One of the aspects of the code is application of Plan goals to specific ordinance allowances. The ordinance seems to define Public Assembly as what we might typically think of as an institutional use, then includes it zones outside of the land use category (Places for Community) in which it would logically be located. The purpose of this was the identification of the CCD and B-2 District as districts in which community-based services would be offered, with an understanding that those services would be primarily to local residents or businesses. The B-3 District, on the other hand, is designed to serve, in large part, the traveling public. As such, the B-3 District was not included as a potential location for “Places of Public Assembly”. b. Is the northwest area of the City still a target area for new “places for community” which, by understood association, includes “places of public assembly?” Staff Comment: Certainly, the northwest area of the city includes the Bertram Lakes park area, an important, if not dominant, “place for community”. If the park use constitutes the extent of community land uses in the area, the land use designation could be seen as muddling that somewhat. Greater definition in the land use plan might help to address this. That said, other institutional uses are typically sited on a case-by-case basis, responding to specific requests. The Plan anticipates future places for community in the northwest, but does not site them. 2. If no changes to the current Comprehensive Plan polices are desired, question exists whether or not the current provisions of the Zoning Ordinance adequately implement the Plan’s land use directives related to “places of public assembly.” In this regard, the following questions are considered worthy of discussion: a. Should “places of public assembly”, regardless of scale, be allowed in residential zoning districts? Staff Comment: The irony of many contemporary religious institutional uses is a desire for high-exposure, high-access property, with a land use pattern that differs from commercial businesses that usually populate these areas. At the same time, church development has evolved to be much more than when churches were commonly located in the midst of residential neighborhoods. The fact is that Planning Commission Agenda 06/03/14 5 churches and similar institutional uses have land use characteristics that are neither compatible with most smaller-scale neighborhoods, nor similar to commercial uses. The zoning ordinance use of the term “public assembly” could be better defined in this regard. However, siting church uses in residential areas is so common, it is often simpler to include these uses in residential zoning districts, preparing special requirements for them that don’t apply to actual residential development. Monticello’s ordinance is structured in this way, and it can be a complex matter to restructure the code to address this single issue. The negative with this approach is that large-scale church uses are allowed as a matter of right in neighborhoods that might otherwise object to the levels of activity that some churches generate. b. Are “places of public assembly” an appropriate allowed use in the City’s CCD and B-3, Highway Business District? If so, is the present allowance via interim use permit appropriate? Staff Comment: This is the crux of the question relating to the City’s interim ordinance. Currently allowed as permitted uses in the B-2 district and conditional uses in the CCD, it appears that this inclusion is intended to address the community’s need for places of public assembly, while recognizing that residentially zoned properties may not be able to adequately accommodate public assembly in terms of site design and size. As noted above, many churches are more likely to seek high- profile commercial sites than the B-2 and CCD. The question for the City is whether these uses are considered appropriate in these higher-profile sites and specifically in the B-3 District given its purpose to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. c. Are the performance standards specifically related to “places of public assembly” considered adequate are or some changes desired? Staff Comment: The presumption here is that the current standards are appropriate, and that instead, the question is whether a use with these characteristics should be allowed permanently in the B-3 District. d. Should the definition of “place of public assembly” be modified to note that “indoor commercial entertainment” (e.g. motion picture theaters) is not for the purposes of the Ordinance, considered a “place of public assembly?” Staff comment: If more permanent changes to the ordinance are to be considered, definitions should also be addressed. If the City is satisfied with the current land use pattern and zoning arrangement, the definitions are probably adequate. SUMMARY Prior to the current zoning ordinance, the City utilized a specialized zoning district for institutional uses, including religious institutions. At one point, a concern arose in the zoning law realm as to whether cities would be required to accommodate church Planning Commission Agenda 06/03/14 6 assembly uses anywhere that commercial assembly uses are allowed. This concern was based in a couple of federal laws (“RFRA”- the Religious Freedom Restoration Act; and “RLUIPA” – the Religious Land Use and Institutionalized Persons Act), along with a couple of prominent legal challenges in the federal courts. The essential thrust of these federal actions was a clarification that a zoning authority could not discriminate against a particular land use merely on the basis of the fact that the land use was religious in nature. The most commonly applied example of this principle used a movie theater and a traditional church use. It was proposed that since both uses have a main assembly hall area, where a city allowed theatres, it must also allow churches. As a result, many ordinances were written to include “public assembly” as a land use, and then incorporating it into wherever movie theatres were allowed. In Monticello’s ordinance, however, the distinction was essentially focused on the perceived service area of the facility. As a result, the ordinance was constructed to allow church uses in residential areas as they traditionally have been, and to incorporate them into limited commercial districts –those designed to serve local members of the community as opposed to a more regional focus. Thus, the real question for the City, related to the interim ordinance, is whether the B- 3 District should be included as an eligible location for public assembly uses as defined. Historically the City has been reluctant to remove land from its available stock of potential business locations. Making a change such as this would potentially reduce available commercial land assuming that some of the existing property (including the parcel subject to the current IUP) would be converted to public assembly use, rather than a more traditional auto-related commercial development. In summary, the current ordinance appears to adequately serve the intent of the Comprehensive Plan in focusing on the groups of populations being served. Adding Places of Public Assembly to the B-3 District, and expanding this use to a regionally- focused land use category would be inconsistent with the City’s original planning approach, since such a change would expand the potential siting for such uses to much of the Highway 25 corridor (as currently zoned). B. ALTERNATIVE ACTIONS 1. Approve calling for a public hearing to consider amendments to the zoning ordinance establishing Places of Public Assembly as a permanent land use category option in the B-3 Zoning District. 2. Deny calling for public hearing on the amendment, permitting the current interim ordinance to expire at the end of August, 2014 and to direct preparation of a resolution of findings. Planning Commission Agenda 06/03/14 7 C. STAFF COMMENTS/RECOMMENDATION If the City is satisfied with the current land use pattern, there would be no necessity to change the ordinance. The current interim ordinance would expire, as would the IUP in August. If the City believes that a broader allowance for public assembly uses is appropriate, there are two basic options: 1. Amend the zoning ordinance to add public assembly uses in other districts, such as the B-3. With this alternative, there are some changes to definitions and other standards requirements that would be appropriate. 2. Reconsider a zoning district that caters specifically to institutional uses, such as schools, religious assembly uses, and public activities. 3. Consider changing zoning designations for appropriate institutional use parcels to residential, or perhaps B-2, if such parcels are properly located to meet the intent of the zoning district. This could be done on a case-by-case basis at the request of individual property owners. Staff does not recommend the permanent amendment as related to the interim ordinance. The structure of the zoning ordinance is set up to create various land use districts based generally on the intended service population. The ordinance, and the Comprehensive Plan, treats institutional uses as those that focus their services primarily on the local community. As such, the inclusion of Places of Public Assembly in the B-2 District and CCD as the only commercial accommodation for such uses is sensible. Including such uses in the B-3 district would alter the City’s intent in the design of its ordinance and other planning regulations. D. SUPPORTING DATA A. Interim Ordinance #590 B. Monticello Comprehensive Plan, Chapter 3, Places for Community (see Item 5 exhibit) C. Monticello Zoning Ordinance, Excerpts: 5.1 – Use Table 5.2 (D) – Regulations for Civic & Institutional Uses 8.4 - Definitions County Hwy 75 Chelsea Rd State Hwy 2585th St NE90th St NELinn StPine St7th St School Blvd Riverview Dr Cedar StW River St Marvi n RdJason Ave Dundas Rd W Broadway St Hart Blvd Country LaHaug Ave NEElm StW 4th St Fenning Ave NEOakwook DrMa ll a r d L a 95th St NE Fallon Ave NEEdmonson Ave NEMississippi Dr 5th St Country Club Rd Sandberg RdPelican LaF a l c o n D r Fenning AveWalnut StOak Ridge DrOriole LaClub View Rd Broadway St Hillcrest Rd E River St Headman La Mi l l Trai l LaFalcon Ave NEWright StBenton StElwood RdRamsey St6th St River Mill Dr Wildwood Way Hilltop Dr Mill Run Rd O a k V ie w L a Farmstead AveMartin Dr 4th St E 3rd St E Red Rock LaGillard Ave NEMaple StFallon DrWillow StView La EGrey Stone AveMarvin Elwood Rd Fieldcrest CirFairway DrJason Ave NEVine StM e a d o w L a Jerry Liefert Dr Praire Rd Starling DrPalm StUnknown or No StreetnameFallon AveGolf Course Rd Falcon AveKevin Longley Dr Craig LaRed Oak LaFront St 5th St W Thomas Park D rLocust StM o c k i n g b i r d L a W 3rd St Eastwood CirBri ar Oa ks Bl v d F a r ms t e a d Dr Henipin StEider LaDayton StOak La River Forest Dr Meadow Oak Ave Kampa Cir Oak Ri dge Ci rM i l l C t R i v e r R i d ge L a Garrison AveOakview CtDundas CirKenneth LaOtter Creek RdMinnesota StEagle CirCrocus LaMeadow Oak La Stone Ridge DrChestnut St120 th St N EDarrow Ave NE Diamond Dr Pebble Brook Dr Widgeon LaWashington StBunker CirHomestead DrThomas CirEn di c ot t TrCenter CirOak View CirSandtrap CirCountr y Cir Cheyen Ct Old Territoral Rd Tanager CirHillcrest CirOs prey Ct Acorn CirBalboul CirS w allo w C irRiverside C irMeadow Oak CtMatthew CirE Oak DrStone R idge C irOakwood DrMeadow Oak Ave NECounty Hwy 75 Hart BlvdMarvin RdMarvin RdWright St90th St NECedar StMinnesota St01 City of MonticelloOfficial Zoning Map 10-10-14 :Legend BASE ZONING DISTRICTS Residential Districts -- Low Residential Densities -- Medium Residential Densities -- High Residential De nsities Business Districts Industrial Districts OTHER Water A-O R-A R-1 T-N R-2 R-PUD R-3 R-4 B-1 B-2 B-3 B-4 CCD IBC I-1 I-2 M-H Mississippi Wild, Scenic & Rec Overlay District OVERLAY DISTRICTS Performance Based Overlay District !!!!!!!!!!!!!!Shoreland District Special Use Overlay District !!!!!!!!!!!!!!Freeway Bonus Sign District PUDs Swan River01 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (D) B-2: Limited Business District City of Monticello Zoning Ordinance Page 109 (D) B-2: Limited Business District Section 3.5 (D) B-2 Limited Business District The purpose of the “B-2” limited business district is to provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. Maximum Residential Density = Ten (10) dwelling units per gross acre. Base Lot Area  No minimum Base Lot Width  Minimum = 100 ft. Typical B-2 Building Types Typical B-2 Lot Configuration CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (D) B-2: Limited Business District TABLE 3-12: B-2 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Interior Street / feet) Ratio (FAR) of gross lot area) Front Rear Side Side 2 stories 30 10 20 20 (Reserved) (Reserved) All Uses 30 feet \[1\] \[1\]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Section 3.3, Common District Requirements Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 4.1, Landscaping and Screening Standards Regulations to Consult Section 4.5, Signs (not all Section 4.8, Off-Street Parking inclusive) Section 4.9, Off-Street Loading Section 4.11, Building Materials Page 110 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District City of Monticello Zoning Ordinance Page 111 (E) B-3: Highway Business District Section 3.5 (E) B-3 Highway Business District The purpose of the “B-3” (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Base Lot Area  No minimum Base Lot Width  Minimum = 100 ft. Typical B-3 Building Types Typical B-3 Lot Configuration CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District TABLE 3-13: B-3 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Interior Street / feet) Ratio (FAR) of gross lot area) Front Rear Side Side 2 stories 30 10 20 30 30 feet (Reserved) (Reserved) All Uses \[1\] \[1\]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Section 3.3, Common District Requirements Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 4.1, Landscaping and Screening Standards Regulations to Consult Section 4.5, Signs (not all Section 4.8, Off-Street Parking inclusive) Section 4.9, Off-Street Loading Section 4.11, Building Materials Page 112 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure City of Monticello Zoning Ordinance Page 315 CHAPTER 5: USE STANDARDS 5.1 Use Table (A) Explanation of Use Table Structure (1) Organization of Table 5-1 Table 5-1 organizes all principal uses by Use Classifications and Use Types. (a) Use Classifications The Use Classifications are: Agricultural Uses; Residential Uses; Civic and Institutional Uses; Office Use; Commercial Uses; and Industrial Uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and commercial uses). The Use Classifications then organize land uses and activities into specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. (b) Use Types The specific Use Types identify the specific uses that are considered to fall within characteristics identified in the use Classifications. For example; detached dwellings, parks and recreational areas, and schools are “Use Types” in the Single Family Residence District. (2) Symbols used in Table 5-1 (a) Permitted Uses = P A “P” indicates that a use is permitted by right, subject to compliance with all other applicable provisions of this ordinance. Uses may be subject to special regulations as referenced in the “Additional Requirements” column. (b) Conditionally Permitted Uses = C A “C” indicates that a use is permitted provided the City can establish conditions necessary to ensure the use is compatible to the proposed location and surrounding properties. Inability of the City to establish conditions to adequately control anticipated impacts is justification for denial of a conditionally permitted use. Conditional Uses may also be subject to special regulations as referenced in the “Additional Requirements” column. CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure Page 316 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 *SEE TABLE 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 317 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 *SEE TABLE 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 *SEE TABLE 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 318 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 *SEE TABLE 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 319 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 *SEE TABLE 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 320 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-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 (D) Regulations for Civic and Institutional Uses City of Monticello Zoning Ordinance Page 333 (d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.1(F) of this ordinance. (e) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with Section 4.9 of this ordinance. (f) Exterior lighting standards outlined in Section 4.4 of this ordinance shall be met. (g) If locating within an industrial zoning district: (i) A specified termination date is documented. (ii) The proposed parcel has adequate improved parking to accommodate the student capacity. (iii) The proposed building is constructed or altered only in ways which do not interfere with future refitting for industrial use. (8) Places of Public Assembly (a) Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. (b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. (c) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with section 4.1(G) of this ordinance. (d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.1(F) of this ordinance. (e) Adequate off-street loading and service entrances are considered and satisfactorily provided. Section 4.1(F): Standards for Vehicular Use Area Landscaping Section 4.1(F): Standards for Vehicular Use Area Landscaping CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 454 City of Monticello Zoning Ordinance SIGN, CHANGEABLE COPY: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. SIGN, CHANGEABLE COPY (ELECTRONIC): A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Electronic changeable copy signs may also be dynamic display signs if the definition of dynamic display sign is met. SIGN, COMMUNITY EVENT: A sign displaying information related to a community event open to the public when such event is sponsored or operated by a person or organization in a not-for-profit capacity. Qualifying organizations shall include: (A) Any organization established under Internal Revenue Code Section as a not-for-profit; (B) Any other organization or individual registering with the Secretary of State as a not-for- profit; (C) Any other organization or individual registering with the City of Monticello and meeting the requirements established by the City Council. SIGN, DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. All dynamic displays are changeable copy signs, but not all changeable copy signs are dynamic displays. Changeable Copy Sign 3-4 | Land Use City of Monticello Figure 3-2: Land Use Plan Map £¤10£¤10Æÿ25!(14!(11!(43!(50!(68!(5!(81§¨¦94 Æÿ25!(75!(18!(117!(39!(106!(37!(13100.510.25Miles-November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use PlanLegendPlaces to LivePlaces to ShopPlaces to WorkPlaces to RecreatePlaces for CommunityDowntownMixed UseInterchange Planning AreaUrban ReserveInfrastructureRivers and StreamsPublic Waters InventoryWetlands (National & Public Waters Inventories)Potential GreenwayPotential InterchangeFuture BridgeExisting Arterial or Collector RoadProposed Arterial or Collector RoadPowerlineMonticello City BoundaryOrderly Annexation AreaAmended by City Council Resolution 2011-92, September 26, 2011£¤10£¤10Æÿ25!(14!(11!(43!(50!(68!(5!(81§¨¦94 Æÿ25!(75!(18!(117!(39!(106!(37!(13100.510.25Miles-November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use PlanLegendPlaces to LivePlaces to ShopPlaces to WorkPlaces to RecreatePlaces for CommunityDowntownMixed UseInterchange Planning AreaUrban ReserveInfrastructureRivers and StreamsPublic Waters InventoryWetlands (National & Public Waters Inventories)Potential GreenwayPotential InterchangeFuture BridgeExisting Arterial or Collector RoadProposed Arterial or Collector RoadPowerlineMonticello City BoundaryOrderly Annexation AreaAmended by City Council Resolution 2011-92, September 26, 2011£¤10£¤10Æÿ25!(14!(11!(43!(50!(68!(5!(81§¨¦94 Æÿ25!(75!(18!(117!(39!(106!(37!(13100.510.25Miles-November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use PlanLegendPlaces to LivePlaces to ShopPlaces to WorkPlaces to RecreatePlaces for CommunityDowntownMixed UseInterchange Planning AreaUrban ReserveInfrastructureRivers and StreamsPublic Waters InventoryWetlands (National & Public Waters Inventories)Potential GreenwayPotential InterchangeFuture BridgeExisting Arterial or Collector RoadProposed Arterial or Collector RoadPowerlineMonticello City BoundaryOrderly Annexation AreaAmended by City Council Resolution 2011-92, September 26, 2011 3-12 | Land Use City of Monticello f Promoting wage levels that provide incomes needed to purchase decent housing, support local businesses and support local government services. f Take advantage of opportunities to attract companies that have a synergy with existing companies in the community, including suppliers, customers and collaborative partners. f Encouraging the retention and expansion of existing businesses in Monticello. Policies – Places to Work 1. The City will use the Comprehensive Plan to designate and preserve a supply of land for Places to Work that meets current and future needs. 2. Consistent with the vision for the future of Monticello, the Land Use Plan promotes the establishment of business campus settings that provide a high level of amenities, including architectural controls, landscaping, preservation of natural features, storage enclosed within buildings, and other features. The zoning ordinance, subdivision regulations and other land use controls will also be used to create and maintain the desired business campus settings. 3. Places to Work supports the City’s desire to attract businesses that complement existing businesses or benefit from the community’s infrastructure, including power and telecommunications. 4. The Comprehensive Plan also recognizes that Places to Work should provide locations for other general industrial development in the areas Figure 3-9: Land Use Plan - Places to Shop £¤10 £¤10 Æÿ25 !(14!(11!(43!(50!(68!(5!(81§¨¦ 94 Æÿ25!(75 !(18 !(117!(39 !(106 !(37!(1 3 1 0 0.5 10.25 Miles- November 1, 2011 Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use Plan Legend Public Waters Inventory Rivers and Streams Potential Interchange Potential Bridge Powerline Monticello City Boundary Orderly Annexation Area Commerce Amended by City Council Resolution 2011-92, September 26, 2011 Land Use | 3-132008 Comprehensive Plan ~ Updated 2014 of manufacturing, processing, warehousing, distribution and related businesses. 5. Places to Work may include non-industrial businesses that provide necessary support to the underlying development objectives of this land use. Examples of supporting land uses include lodging, office supplies and repair services. Additional public objectives and strategies for Places to Work can be found in the Economic Development chapter. Places to Shop Places to Shop designate locations that are or can be developed with businesses involved with the sale of goods and services. Places to Shop may include offices for service businesses. Places to Shop guides land uses that are both local and regional in nature. Policies - Places to Shop In guiding land uses for Places to Shop, the Comprehensive Plan seeks to: 1. The Comprehensive Plan seeks to attract and retain businesses that provide goods and services needed by Monticello residents. 2. The Comprehensive Plan seeks to capture the opportunity for commercial development that serves a broader region. Places to Shop with a regional orientation should be located where the traffic does not disadvantage travel within Monticello. 3. Commercial development will be used to expand and diversify the local property tax base and as an element of a diverse supply of local jobs. 4. Places to Shop will be located on property with access to the street capacity needed to support traffic from these businesses. 5. Each parcel should supply an adequate supply of parking that makes it convenient to obtain the goods and services. 6. Building materials, facades and signage should combine with public improvements to create an attractive setting. 7. Site design must give consideration to defining edges and providing buffering or separation between the commercial parcel and adjacent residential uses. These policies help to create sustainable locations for Places to Shop in a manner that enhances Monticello. Downtown The Embracing Downtown Plan was adopted by City Council resolution 2012-011 on January 9, 2012 and is herein incorporated as an appendix of the Comprehensive Plan. Downtown is a unique commercial district that is part of Monticello’s heritage and identity. It is, however, no longer possible for Downtown to be Monticello’s central business district. The mass of current and future commercial development south of Interstate 94 along TH 25 and in east Monticello along interstate 94 have replaced the downtown area as primary shopping districts. The future success of downtown requires it to be a place unlike any other in Monticello. The Comprehensive Plan seeks to achieve the Vision, Guiding Principles and Goals described in the Embracing Downtown Plan. Downtown is intended to be a mix of inter-related and mutually supportive land uses. Businesses involved with the sale of goods and services should be the focus of Downtown land use. Residential development facilitates reinvestment and places potential customers in the Downtown area. Civic uses draw in people from across the community. The Comprehensive Plan describes issues, plans and policies related to the Downtown in several sections of the Plan. 3-14 | Land Use City of Monticello During the planning process, the potential for allowing commercial activity to extend easterly out of the Downtown along Broadway was discussed. The Comprehensive Plan consciously defines Cedar Street as the eastern edge of Downtown for two basic reasons: (1) Downtown should be successful and sustainable before new areas of competition are created; and (2) The Comprehensive Plan seeks to maintain and enhance the integrity of residential neighborhoods east of Downtown. More than any other land use category, Downtown has strong connections to other parts of the Comprehensive Plan. Therefore the City has adopted the Embracing Downtown Plan as its guiding planning document for the Downtown. The following parts of the Comprehensive Plan also address community desires and plans for the Downtown area: f The Land Use chapter contains a specific focus area on Downtown. The focus area contains a more detailed discussion of the issues facing the Downtown and potential public actions needed to address these issues. f The operation of the street system is a critical factor for the future of Downtown. The Transportation chapter of the Comprehensive Plan and the Transportation chapter of the Embracing Downtown Plan influence the ability of residents to travel to Downtown and the options for mitigating the impacts of traffic on Highway 25 and other Downtown streets. f The Parks chapter of the Comprehensive Plan provides for parks in the Downtown and the trail systems that allow people to reach Downtown on foot or bicycle. f The Economic Development chapter of the Comprehensive Plan and the Financial Implementation chapter of the Embracing Downtown Plan lay the foundation for public actions and investments that will be needed to achieve the desired outcomes. Policies/Guiding Principles – Downtown 1. Downtown is a special and unique part of Monticello. It merits particular attention in the Comprehensive Plan and in future efforts to achieve community plans and objectives. 2. Downtown is intended to be an inter-connected and supportive collection of land uses. The primary function of Downtown is as a commercial district. Other land uses should support and enhance the overall objectives for Downtown. 3. The City will build on core assets of greater Downtown Monticello as identified in the Embracing Downtown Plan. 4. A shared vision among property owners, business owners and the City is the foundation for effective team work and long term success. 5. A shared understanding of realistic market potential is the foundation for design and generation of a healthy business mix. 6. A safe, attractive human scale environment and entrepreneurial businesses that actively emphasize personal customer service will differentiate Downtown from other shopping districts. 7. Property values can be enhanced if property owners and the City share a vision for Downtown and actively seek to cultivate a safe, appealing environment and attractive business mix. 8. Housing in the Downtown can facilitate necessary redevelopment and bring potential customers directly into the area. Housing may be free- standing or in shared buildings with street level commercial uses. 9. Downtown is the civic center of Monticello. To the degree possible, unique public facilities (such as the Community Center, the Library and the Post Office) should be located in the Downtown area as a means to bring people into the Downtown. 10. Downtown should emphasize connections with the Mississippi River that are accessible by the public. 11. Downtown should be a pedestrian-oriented place in a manner that cannot be matched by other commercial districts. 12. Downtown should have an adequate supply of free parking for customers distributed throughout the area. 13. The City and business community must work actively with MnDOT to ensure safe local access to business districts. Land Use | 3-152008 Comprehensive Plan ~ Updated 2014 All of these policies work together to attract people to Downtown and to enhance the potential for a successful business environment. Amendment to Comprehensive Plan/1997 Downtown Revitalization Plan Resolution 2010-049, adopted 7/12/10: At the intersection of Broadway and Pine Streets, parking lots may be constructed only when all of the following conditions exist: f Applicable traffic safety and access requirements limit the ability to comply with building location standards of this Plan. f At least fifty (50) percent of either the Broadway or Pine Street frontage is occupied by a building (non-parking area). f An alternative vertical element is located at the street corner. This element must be determined by City Officials to establish an architecturally compatible corner presence. Such elements may include, but not be limited to public art, interpretive signage, architectural business signs, and architecturally appropriate lighting. Mixed Use The Mixed Use is a transition area between the Downtown and the hospital campus. It has been created in recognition of the unique nature of this area. The area serves two functions. It is the edge between long-term residential neighborhoods and a major transportation corridor (Broadway Street). It is also a link between the Downtown, the hospital campus and the east interchange retail area. The primary goal of this land use is to preserve and enhance housing in this part of Monticello. Any non-residential development should be designed to minimize the impacts on and conflicts with adjacent neighborhoods. Policies - Mixed Use 1. Development should not have direct access to Broadway street. Access should come from side street. 2. Non-residential development should be limited to small retail, service and office businesses. The scale, character and site design should be compatible with the adjacent residential neighborhoods. 3. All non-residential development will be oriented to Broadway Street and not to 3rd Street or River Street. 4. Commercial development compatible with the Downtown should be encouraged to locate there. 5. More intense housing and commercial uses may be allowed if directly related to the hospital. Places to Recreate Places to Recreate consist of public parks and private recreation facilities. The land uses are essential elements of the quality of life in Monticello. The Parks and Trails chapter of the Comprehensive Plan describes the current park and trail system and the future plan to maintain and enhance this system. The Comprehensive Plan is only one aspect of managing the land use for public parks and private recreation facilities. The City’s zoning regulations place these locations into a zoning district. Often, the purpose of the zoning district is to guide private development, such as housing. Under current State Law, zoning regulations “trump” the Land Use Plan and govern the use of land. With the potential for the redevelopment of golf courses, it is important the Comprehensive Plan and other land use controls work in concert to achieve the desired outcomes. The City’s plans and policies for parks, trails and open space can be found in the Parks chapter of the Comprehensive Plan Places for Community Places for Community consist of public and semi- public land uses. Public uses include all governmental facilities (city, county, state and federal) and schools. This category also applies to churches, cemeteries, hospitals, and other institutional uses. It is important to note that these land uses relate only to existing land uses. The Comprehensive Plan does not guide the location of new churches, schools, public buildings and other institutional land uses. Places for 3-16 | Land Use City of Monticello Community will be needed in the Northwest area as it develops. These uses are typically allowed in residential areas and governed by zoning regulations. These institutional uses (such as schools and churches) are important parts of the fabric of the community, but require guidance to ensure a proper fit with its residential surroundings. New institutional use should be allowed in residential areas under certain conditions. These conditions should address the aspects of the use that conflict with desired characteristics of residential neighborhood. Criteria for locating an institutional use in a residential land use area include: 1. Size. Large buildings and site areas can disrupt neighborhood cohesiveness. Use in lower density residential areas should not be more than [to be determined] square feet in lot area. 2. Parking. Parking may spill on to neighborhood streets without adequate on-site facilities. The parking needs will vary with the use of the facility. Each facility should provide adequate on-site or reasonable off-site shared parking based on the use of the facility. 3. Traffic. Institutional uses should be oriented to designated collector or arterial streets. 4. Lighting and signage. Site lighting and signage needs may resemble commercial uses. These site factors should be managed to fit the character of the surrounding residential development. Urban Reserve The Urban Reserve contains all property in the Orderly Annexation Area that it not shown for development in the near term in this Plan. The objective is to encourage rural and agricultural uses, preventing barriers to future development opportunities. It is anticipated that the City will grow into portions of the Urban Reserve as planned land use areas become fully developed and capacity for future growth in needed. The Urban Reserve is not simply a holding area for future development. Parts of the Urban Reserve are likely to be preserved as natural resource areas or for agricultural purposes. Future planning will consider the locations in the Urban Reserve best suited for development. Interchange Planning Area The Interchange Planning Area encompasses undeveloped land in the northwest part of Monticello around the site of a potential west interchange with Interstate 94. The purpose of this land use is to preserve the area for future development and prevent the creation of development barriers. If built, the area should be planned to support a mixture of commercial, employment and residential land uses. The interchange location and the routes of future connecting roads are solely for illustration. Future land use issues in this area are discussed in the Focus Area for Northwest Monticello. Private Infrastructure This category applies to Xcel Energy’s power plant and railroad right-of-way. This category recognizes the unique role of the power plant in Monticello. Greenway The Land Use Plan Map shows a “potential greenway” ringing the western and southern edges of Monticello. The Greenway is intended to provide an environmental corridor that connects large community parks and open spaces to neighborhoods, schools, shopping areas and places to work. They serve to protect environmentally sensitive areas such as natural habitat, wetlands, tree canopy, and drainage ways. Land within this corridor could be comprised of a combination of public and private open space. Development would not be prohibited within the greenway but would be reasonably restricted to ensure that development is carefully integrated with the natural environment. The Greenway is intended to shape development patterns in a manner that is sensitive to the existing environment and harmonious with the landscape. The Greenway creates opportunities for a continuous trail corridor connecting neighborhoods with large parks and open spaces. A trail within this corridor is intended to be fully accessible to the general public. Planning Commission Agenda – 09/01/15 1 2B. Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 4 - Finishing Standards, Section 4.3 - Fences & Walls, Subsections (G) Prohibited Fences and (J) Appearance regulating Permit Requirements and allowable materials. Applicant: City of Monticello Planning Commission (AS) Planning Case Number: 2015-034 A. REFERENCE & BACKGROUND Request(s): Amendments to the text of the Monticello Zoning Ordinance Deadline for Decision: Not applicable. Land Use Designation: All land use designations Zoning Designation: Various zoning designations ANALYSIS The Planning Commission is asked to consider amendments to the Monticello Zoning Ordinance for two items of consideration as related to Chapter 4, Section 3 for fences. 1. Amendment to fence height for permitting: Section 4.3(C)(4) – Permitting requires the following: A building permit is required for the construction of any fence or wall that will be more than six (6) feet in height above grade, or for construction of a retaining wall that is more than four (4) feet in height from the bottom of the footing to the top of the wall. The recently amended and adopted building code requires a permit for fences over seven (7) feet. As such, an amendment to this section of ordinance is required for consistency with the building code. The City cannot be more restrictive than the building code as related to building permitting. 2. Fence materials and appearance: At the July Planning Commission meeting, a citizen addressed the Planning Commission related to fence material requirements. The property owner at 4640 Country Circle had received a violation notice related to the construction of a fence constructed of wood posts with wire mesh as the primary fencing Planning Commission Agenda – 09/01/15 2 material. The zoning ordinance currently prohibits wire mesh fencing as an allowable fence material. At the August Planning Commission meeting, the Commission called for a public hearing to consider amending current standards for allowable fencing materials. Staff has prepared the following proposed amendment in relationship to the materials requirements. 4.3(G) Prohibited Fences Fences or walls made of debris, junk, rolled plastic, sheet metal, wire mesh, plywood, wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made from recycled plastic and fiber). Wire or metal materials may be allowed if framed with permitted materials and treated with weather resistant coating. No “t” metal posts shall be permitted. 4.3 (J) Appearance (1) Customary Materials Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks, rot-resistant wood, wrought iron, decorative metal materials or metal materials treated with weather resistant coating, brick, stone, masonry materials, or products designed to resemble these materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of Ordinance No. 622 for Amendment to the Monticello Zoning Ordinance, Chapter 4 - Finishing Standards, Section 4.3 - Fences & Walls, Subsections (G) -Prohibited Fences and (J) - Appearance regulating Permit Requirements and allowable materials. 2. Motion to recommend denial of Ordinance No. 622 for Amendment to the Monticello Zoning Ordinance, Chapter 4 - Finishing Standards, Section 4.3 - Fences & Walls, Subsections (G) - Prohibited Fences and (J) - Appearance regulating Permit Requirements and allowable materials. 3. Motion of other. Planning Commission Agenda – 09/01/15 3 C. STAFF RECOMMENDATION Staff believes the current ordinance standards reflect the Comprehensive Plan and ordinance goals for higher amenity development and performance standards for the community. Wire or metal mesh fencing will likely present future maintenance and aesthetic issues over time. However, the Commission and City Council may wish to allow this type of material if combined with other allowable materials. D. SUPPORTING DATA A. Draft Ordinance No. 622 B. Chapter 4, Section 3- Fences, excerpt C. Fence Images ORDINANCE NO. 622 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE FOR THE FOLLOWING SECTIONS: SECTION 4.3 - FENCES & WALLS, SUBSECTIONS (C) – PERMITTING, SECTION (G) PROHIBITED FENCES AND SECTION (J) APPEARANCE REGULATING PERMIT REQUIREMENTS AND ALLOWABLE MATERIALS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY ORDAINS: Section 1.Section 4.3(C)(4) – Permit Requirements is hereby amended as follows: (a)A building permit is required for the construction of any fence or wall that will be more than six (6)seven (7)feet in height above grade, or for construction of a retaining wall that is more than four (4) feet in height from the bottom of the footing to the top of the wall. Section 2.4.3(G) - Prohibited Fences is hereby amended as follows: Fences or walls made of debris, junk, rolled plastic, sheet metal, wire mesh, plywood, wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made from recycled plastic and fiber).Wire or metal materials may be allowed if framed with permitted materials and treated with weather resistant coating. No “t” metal posts shall be permitted. Section 3.4.3 (J) - Appearance is hereby amended as follows: (1) Customary Materials Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks or metal materials treated with weather resistant coating, rot-resistant wood, wrought iron, decorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited. Section 4.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such ORDINANCE NO. 622 amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5.This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this 14th day of September, 2015. CITY OF MONTICELLO __________________________________ Brian Stumpf, Mayor ATTEST: ___________________________________ Jeff O’Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (C) General Requirements for Fences and Walls City of Monticello Zoning Ordinance Page 223 4.3 Fences & Walls (A) Purpose and Intent The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within residential and business districts; protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and ensure the safety, security, and privacy of properties. (B) Applicability (1) In General Unless exempted in accordance with Section 4.3(B)(2) below, the provisions of this section shall apply to the construction, reconstruction, or replacement of all fences or walls in the City. In the event of any conflict between the provisions of this section and any screening standard in Section 4.1(I), Screening, the latter shall govern. (2) Exemptions The following are exempted from the requirements of this section. (i) Development in the CCD District Development on lots in the CCD district is exempt from the standards of this section. (ii) Recreational Fencing Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility. (iii) Temporary Fencing Temporary fencing established around construction sites, demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the building code. (C) General Requirements for Fences and Walls (1) Location (a) Fences and walls are permitted anywhere on a lot subject to the following restrictions: CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (C) General Requirements for Fences and Walls (i) The corner visibility requirements in Section 3.3(D)(2)(b) shall be met. (ii) Fences and walls shall not be located within public right-of-way unless permitted by the Community Development Department by written encroachment agreement. (iii) Fences and walls permitted by the Community Development Department to be within easements are subject to removal without compensation to the property owner if the City must access the area for maintenance or improvement purposes. (iv) Fences and walls shall not be permitted within conservation easements unless specifically permitted by the easement. (b) Fences and walls may be located directly over a property line between two or more parcels of land held in private ownership. (c) A certificate of survey may be required by the Community Development Department to determine the location of fences and walls on a property. (2) Blocking Natural Drainage Flow (a) No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land. Section 4.10: (b) Drainage swales may not be filled to accommodate the construction of fences Grading, Drainage, or walls without alternate storm water provisions being reviewed and Stormwater Management & approved by the Community Development Department. Erosion Control (c) Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, limit sedimentation, or control erosion. (3) Fences and Walls within Buffers Section 4.3(F): Fences and walls shall be installed so as not to disturb or damage existing Perimeter Fences vegetation or installed plant material. The perimeter fencing or wall for a single and Walls Abutting Public Right-of-Way development shall be of a uniform style that complies with the standards of this section. (4) Permit RequirementsPermit Requirements (a)(a) A building permit is required for the construction of any fencA building permit is required for the construction of any fence or wall that e or wall that will be more than six (6) feet in height above grade, or for construction of a will be more than six (6) feet in height above grade, or for construction of a retaining wall that is more than four (4) feet in height from the bottom of the retaining wall that is more than four (4) feet in height from the bottom of the footing to the top of the wall.footing to the top of the wall. Page 224 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (D) Requirements for Fences and Walls by District Type City of Monticello Zoning Ordinance Page 225 (b) Fences which do not require a building permit under the provisions of Section 4.3(D)(4)(a) above may be constructed without a permit, but shall adhere to all fencing requirements in this ordinance. (D) Requirements for Fences and Walls by District Type All fences and walls shall conform to the following standards. In all cases, heights are measured from finished grade on the highest side of the fence or wall. (1) Residential Districts In residential districts (see Table 3-1: Base Zoning Districts), fences and walls shall conform to the following: (a) Front Yards Fences and walls shall not exceed a height of four (4) feet in front yards and that part of side yards from the front lot line to the front building line. (b) Side or Rear Yards (i) Fences and walls shall not exceed a height of six (6) feet in side and rear yards. (ii) In side or rear yards which abut a public street, fences or walls which exceed thirty-six (36) inches in height must be set back at least six (6) feet from the property line, and the setback area shall be landscaped in accordance with the provisions of Section 4.3(J)(4), Appearance. (c) Transparency Fences or walls located within a front yard or side yard adjacent to a street shall maintain a minimum of 50 percent transparency. (d) Access Where any fence or wall connects to a building used as a dwelling, at least one gate not less than 2 feet 6 inches in width shall be required to allow access around the building. CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (D) Requirements for Fences and Walls by District Type Page 226 City of Monticello Zoning Ordinance (2) Business Districts (a) General In business districts (see Table 3-1: Base Zoning Districts), fences and walls shall not be permitted in front setback areas, and shall not exceed a height of four feet in the remainder of front yards and eight feet in side or rear yards, unless the fence in the side or rear yard is located within 15 feet of a public right-of-way, in which case it shall not exceed a height of six feet. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone. (b) Major Utilities, Wireless Communications, Government Facilities, and Other Public Safety Uses Fences and walls in front, side, and rear yards of major utilities, wireless communication towers, government facilities, and other public safety uses shall not exceed eight feet. (3) Industrial Districts (a) Industrial and Business Campus District (i) Fences and walls shall not be permitted in front setback areas; (ii) Fences shall adhere to the following yard-based requirements: 1. In all front yards, a fence shall not exceed six (6) feet in height and shall be at least 50% transparent. 2. In all side yards, a fence shall not exceed six (6) feet in height. 3. In all rear yards, a fence shall not exceed eight (8) feet in height provided a building permit is obtained for any additional height over six (6) feet. (iii) In no event shall a fence exceed six (6) feet in height if the fence is located within 15 feet of a public right-of-way. (b) I-1 and I-2 Districts (i) In all front yards, a fence shall not exceed six (6) feet in height and shall be at least 50% transparent. (ii) In all side and rear yards, a fence shall not exceed fifteen (15) feet in height provided a building permit is obtained for any additional height over six (6) feet. See also Section 3.3(D)(2)(b) Corner Visibility, for additional restrictions on fence placement. See also Section 3.3(D)(2)(b) Corner Visibility, for additional restrictions on fence placement. CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (F) Perimeter Fences and Walls Abutting Public Rights-of-Way City of Monticello Zoning Ordinance Page 227 (4) Vacant Property Vacant property may be fenced if the fence does not exceed four feet in residential districts and eight feet in business or industrial districts, the fencing maintains a minimum transparency of 50%, and the purpose of the fencing is to discourage unauthorized dumping or unauthorized parking on the property. Fencing of the vacant property shall not be construed to allow use of the property for outdoor storage. (E) Exemption for Security Plan A property owner or tenant or a representative of a public agency responsible for a government facility, public safety use, or other use in need of heightened security may submit to the Community Development Department a site security plan proposing fences or walls taller than those permitted by this section or proposing the use of barbed or concertina wire atop a fence or wall for security reasons. The Community Development Department may approve or approve with conditions the site security plan and its proposed exemption of fences or walls from the standards of this section, upon finding: (1) Taller Fence or Wall Needed for Safety or Security Reasons The condition, location, or use of the property, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a fence or wall; and (2) Not Have Security, Functioning Appearance of Adjacent Properties The proposed taller fences or walls or use of barbed or concertina wire will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole. (F) Perimeter Fences and Walls Abutting Public Rights-of-Way (1) Fences or walls located within 15 feet of a street or public right-of-way shall: (a) Be of a uniform style; (b) Be located outside the public right-of-way; (c) Include breaks, offsets, access points, or other design details in the wall plane at least every 200 feet; CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (H) Chain Link Fencing (d) Comply with the standards in Section 4.3(J), Appearance; and (e) Comply with the requirements of Section 4.1(I), Standards for Required Screening (if applicable). (2) New residential developments shall be required to construct conforming fencing along the rear yards of all double frontage lots that back up to collector or arterial roadways. (G) Prohibited FencesProhibited Fences (1) Fences or walls made of debris, junk, Fences or walls made of debris, junk, rolled plastic, sheet metal, rolled plastic, sheet metal, wire mesh, wire mesh, plywood, plywood, wooden landscape lattice wooden landscape lattice or waste materials are prohibited in all zoning or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that reseto the general public as building materials that resemble new building materialsmble new building materials and are designed for use as a fencing materialand are designed for use as a fencing material (e.g., picket fencing made from (e.g., picket fencing made from recycled plastic and fiber).recycled plastic and fiber). (H) Chain Link Fencing Chain link fencing shall be allowed, subject to the following standards: (1) All Districts In all districts, chain link fences must have a top rail, and barbed ends must be placed at the bottom of the fence. (2) Residential Districts Chain link fencing is permitted on lots within residential zoning districts provided it does not include opaque slats, and does not exceed a height of four (4) feet. (3) Business Districts Chain link fencing shall not be allowed on lots within a business zoning district unless expressly authorized through approval of a security plan under the provisions of Section 4.3(E). (4) Industrial Districts Chain link fencing shall be allowed on lots within industrial zoning districts provided it does not include opaque slats and is coated with black or dark green vinyl. Page 228 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (J) Appearance (I) Barbed or Razor Wire Barbed or razor wire is prohibited except as expressly authorized through approval of a security plan under the provisions of Section 4.3(E). (J) Appearance (1) Customary MaterialsCustomary Materials Fences and walls shall be constructed of any combination of treated wood posts Fences and walls shall be constructed of any combination of treated wood posts and verticallyand vertically--oriented planks, rotoriented planks, rot--resistant wood, wrought iron, dresistant wood, wrought iron, decorative metal ecorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials, brick, stone, masonry materials, or products designed to resemble these materials.materials. Where wood, masonry, or other opaque materials are specified for Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence mateparticular types of screening or buffering fences or walls, all other fence materials rials are prohibited.are prohibited. (2) Finished Side to Outside Wherever a fence or wall is installed, if one side of the fence or wall appears more of the fence shall face the perimeter of the lot rather than the interior of the lot. (3) Compatibility of Materials along a Single Lot Side All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings. (4) Landscape Screening All fences and walls exceeding four feet in height and located within 15 feet of a public street right-of-way in all districts, or as otherwise required by this ordinance, shall be supplemented with landscape screening in accordance with the following standards to soften the visual impact of the fence or wall. (a) Shrubs Required One evergreen shrub shall be installed for every fifteen linear feet of fence or wall, on the side of the fence or wall facing the public street right-of-way. Shrubs shall meet the size standards of Section 4.1(C)(2) Planting Standards, and may be installed in a staggered, clustered, grouped, or linear fashion. City of Monticello Zoning Ordinance Page 229 CHAPTER 4: FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (A) Purpose Page 230 City of Monticello Zoning Ordinance (b) Substitution of Understory Trees One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the size standards of Section 4.1(C)(2) Planting Standards. (c) Integration with other Required Landscaping Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in Section 4.1 Landscaping and Screening Standards, are maintained. (5) Maintenance Required Every fence or wall must be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance. Fences or walls in a state of disrepair may be removed by the City as provided by Minnesota Statutes. The cost of removing fences may be levied against the property as a special assessment. 4.4 Exterior Lighting (A) Purpose The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent properties. More specifically, this section is intended to: (1) Regulate Exterior Lighting to Mitigate Adverse Impacts Regulate exterior lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists; (2) Ensure Proper Insulation Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands; and (3) Provide Security Provide security for persons and land. Planning Commission Agenda – 09/01/15 1 2C. Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 5 - Use Standards, Section 5.3 - Accessory Use Standards, Subsection (D) Additional Specific Standards for Certain Accessory Uses regulating accessory use related to outdoor bulk fuel sales. Applicant: Quality RV/Machholz, Craig for VHM Holdings/Von Hanson’s Meats (AS) Planning Case Number: 2015-036 A. REFERENCE & BACKGROUND Request(s): Amendments to the text of the Monticello Zoning Ordinance Deadline for Decision: September 22nd, 2015 Land Use Designation: Places to Shop Zoning Designation: B-2 (Limited Business), B-3 (Highway Business), B-4 (Regional Business), CCD (Central Community District) ANALYSIS The Planning Commission is asked to consider recommending approval of an amendment to the Monticello Zoning Ordinance to accommodate accessory use bulk fuel sales/storage. Von Hanson’s Meats and Quality RV, as co-applicants for this amendment, have requested that the City consider allowing bulk fuel sales as an accessory use to principal use activities in commercial zoning districts. Both retailers are seeking to develop this as an accessory use on their respective sites. In specific, both are looking to install outdoor propane fuel containers on their sites. As proposed, the amendment would allow accessory use bulk fuel sales, such as propane, as permitted uses in three of the city’s commercial districts, subject to certain requirements related to size, number and location. The amendment prepared by staff would allow the use by conditional use permit in the CCD, subject to similar regulations. Planning Commission will note that there are a number of accessory use bulk fuel sales facilities present in the community and in many cases, these existing accessory uses were permitted as part of the site plan review for conditional use vehicle fuel sales, vehicle sales or other retail uses. However, when the new ordinance regulations were adopted in 2010, this accessory use not clearly carried over in the new provisions. Planning Commission Agenda – 09/01/15 2 For reference, vehicle fuel sales are conditional uses in the B-2, B-3, B-4 and CCD districts, which mirrors the proposed accessory use allowance proposed with this amendment. As the proposed use relates to sales to or for the general public, the amendment does not include bulk fuel sales/storage accessory use in industrial districts at this time. Staff has also provided a series of use regulations which would be required for the use. These standards would be applicable within each of the noted districts. Further, the bulk fuel definition has been proposed for amendment to clearly distinguish the sales component of the use. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of Ordinance No. 621 for Amendment to the Monticello Zoning Ordinance Chapter 5 - Use Standards, Section 5.3 - Accessory Use Standards, Subsection (D) Additional Specific Standards for Certain Accessory Uses regulating accessory use related to outdoor bulk fuel sales. 2. Motion to recommend denial of Ordinance No. 621 for Amendment to the Monticello Zoning Ordinance Chapter 5 - Use Standards, Section 5.3 - Accessory Use Standards, Subsection (D) Additional Specific Standards for Certain Accessory Uses regulating accessory use related to outdoor bulk fuel sales. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends adoption of the amendment subject to the ordinance standards outlined, based on a finding that such accessory use sales may be associated with conditionally permitted or permitted principal uses in the B-2, B-3, B-4 and CCD districts, such as vehicle fuel sales. D. SUPPORTING DATA A. Draft Ordinance No. 621 B. Applicant Sample Tank Image(s) and Narrative Information C. Chapter 5, Section 3– Accessory Use Standards D. Chapter 8, Section 4 – Definitions, excerpt E. Monticello Official Zoning Map ORDINANCENO.621 CITYOFMONTICELLO WRIGHTCOUNTY,MINNESOTA ANORDINANCEAMENDINGTITLE10OFTHEMONTICELLOZONINGCODE FORTHEFOLLOWINGSECTIONS: CHAPTER5,SECTION3–ACCESSORYUSESTANDARDS THECITYCOUNCILOFTHECITYOFMONTICELLO,MINNESOTA,HEREBY ORDAINS: Section1.Section5.3(C)–Table5-4:AccessoryUsesbyDistrict,isherebyamendedto add“BulkFuelSales/Storage”asapermittedaccessoryuseintheB-2,B-3and B-4districtsandasaconditionaluseintheCCD. Section2.Section5.3(D)––AdditionalSpecificStandardsforCertainAccessoryUsesis herebyamendedasfollows: (10)BulkFuelsSales&Storage (a)Allaccessoryusebulkfuelstoragemustbeassociatedwithretailsales activityonthesite. (b)Nomorethanone(1)bulkfueltankcontainershallbelocatedonaparcel. (c)Accessoryusebulkfuelsales/storagetankcontainersshallbelimitedto1000 gallons. (d)Accessoryusebulkfuelsales/storagemaynotbelocatedwithintherequired frontyardsetback. (e)Accessoryusebulkfuelssales/storagefacilitiesshallbescreenedfromview ofthepublicrightofway. (f)Accessoryusebulkfuelsales/storagemustbelocatednolessthan25’fromall structuresandshallbesetback10’fromallpropertylinesand20’fromany publicrightofway. (g)Accessoryusebulkfuelsales/storagemustincludeacontainmentstructure andbollardsfortankprotectionperapplicablefirecodeorotherregulations. (h)Accessoryusebulkfuelsales/storagefacilitiesshallcomplywithallMPCA andStateFireMarshalrequirements,allotherpermit,testingandlisting requirements,andallapplicablecodesandstandardssuchasNFPA58. ORDINANCENO.621 (i)Accessoryusebulkfuelsales/storagefacilitieslocatedwithintheDrinking WaterSupplyManagementArea(DWSMA)mustcomplywiththeCity Engineer’srecommendationsforsiteandcontainmentarrangement. Section3.Section8.4(D)–Definitionsshallbeamendedasfollows: BULKFUELSALES&STORAGE:Thecommercialstorageand/orsaleof gassesandfuelsinabovegroundcontainers. Section4.TheCityClerkisherebydirectedtomakethechangesrequiredbythisOrdinance aspartoftheOfficialMonticelloCityCode,Title10,ZoningOrdinance,andto renumberthetablesandchaptersaccordinglyasnecessarytoprovidetheintended effectofthisOrdinance.TheCityClerkisfurtherdirectedtomakenecessary correctionstoanyinternalcitationsanddiagramsthatresultfromsuch amendments,providedthatsuchchangesretainthepurposeandintentofthe ZoningOrdinanceashasbeenadopted. Section5.ThisOrdinanceshalltakeeffectandbeinfullforcefromandafteritspassageand publication.RevisionswillbemadeonlineafteradoptionbyCouncil.Copiesof thecompleteZoningOrdinanceareavailableonlineandatMonticelloCityHall. ADOPTEDBYtheMonticelloCityCouncilthis14thdayofSeptember,2015. CITYOFMONTICELLO __________________________________ BrianStumpf,Mayor ATTEST: ___________________________________ JeffO’Neill,CityAdministrator VOTINGINFAVOR: VOTINGINOPPOSITION: CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (A) Purpose Page 360 City of Monticello Zoning Ordinance (b) All outside storage in such yards shall be enclosed by a sight-obscuring fence of at least eight (8) feet in height, which fence and the materials used to construct it shall be approved of by the City; (c) No vehicles or junk shall be dismantled or stored within the 100-year flood plain. (d) Upon receiving a motor vehicle which will not be repaired, the battery shall be removed and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable Federal and State laws, rules, and regulations. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground. (e) To reduce noise, all dismantling of motor vehicles shall take place during timeframes deemed reasonable by the City; (f) No vehicle or junk shall be dismantled or stored within three hundred (300) feet of any water body or inland wetland, regardless of size; (g) No vehicles or junk shall be stored within three hundred (300) feet from the property line of any school, church, public playground, public park or cemetery or within ordinary view from the public facility. (h) No vehicles or junk shall be dismantled or stored within three hundred (300) feet of a well that serves as a public or private water supply unless such well serves the business; (i) No vehicles, junk or parts of other items shall be stored closer than one (100) feet of any property line. 5.3 Accessory Use Standards (A) Purpose This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands. CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (B) General Standards and Limitations for Accessory Uses and Structures City of Monticello Zoning Ordinance Page 361 (B) General Standards and Limitations for Accessory Uses and Structures (1) Compliance with Ordinance Requirements All accessory uses and accessory structures shall conform to all applicable requirements of this Ordinance. The provisions of this Section establish additional standards and restrictions for particular accessory uses and structures. (2) General Standards All accessory uses and accessory structures shall meet the following standards: (a) Directly serve the principal use or structure; (b) Be customarily accessory and clearly incidental and subordinate to the principal use and structure; (c) Be subordinate in area, extent, and purpose to the principal use or structure; (d) Be owned or operated by the same person as the principal use or structure; (e) Be located on the same lot as the principal use or structure; (f) Not be constructed or established prior to the time the principal use or structure is constructed or established; (g) Together with the principal use or structure, not violate any standards of this Ordinance; (h) Not be located within platted or recorded easements or over underground public utilities; (i) An accessory building shall be considered an integral part of the principal building if it is connected to the principal building either directly or by an enclosed passageway. Such accessory buildings shall adhere to requirements for the principal building. (j) If a principal building is proposed to be removed with no immediate replacement, all accessory structures shall also be removed. (k) Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use). CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (B) General Standards and Limitations for Accessory Uses and Structures Page 362 City of Monticello Zoning Ordinance (3) Location of Accessory Uses or Structures Except for fences and walls, the following standards shall apply to all accessory structures: (a) All accessory structures, except as may be specifically denoted, shall be located at least six (6) feet from all lot lines, and at least the minimum distance from public rights-of-way as denoted in the individual zoning district regulations. (i) A side yard setback of twenty (20) feet shall be maintained from property lines abutting public streets. (b) Detached accessory buildings shall be six (6) feet or more from any other building or structure on the same lot. (c) Accessory structures shall not be located beyond the front building line established by the principal structure. (4) Maximum Height (a) Detached accessory buildings shall not exceed fifteen (15) feet in height except in the I-1 and I-2 districts. (b) No accessory structure shall exceed the height of the principal structure unless specifically allowed by this ordinance. (5) Maximum Number of Accessory Structures In all residential zoning districts, the following limitations on accessory structures shall apply: (a) No more than one (1) private, detached major accessory building may be erected for each dwelling; (b) No more than one (1) private, detached minor accessory building may be erected for each dwelling; (c) Additional major or minor accessory buildings may be erected if approved via a conditional use permit pursuant to Section 2.4(D). Section 2.4(D): Conditional Use Permits CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses City of Monticello Zoning Ordinance Page 363 (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 364 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 365 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 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 Residential 5.3(D)(24)(a) Industrial 5.3(D)(24)(b) 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. CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots Page 428 City of Monticello Zoning Ordinance BOARDING HOUSE: A building other than a hotel where, for compensation and by pre- arrangement for definite periods, meals or lodging and meals are provided to three (3) or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than fifteen (15) persons. BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment. BUILDABLE AREA: The portion of a lot remaining after required yards have been provided. BUILDING: A structure with a roof, intended for shelter, housing, business, or enclosure. BUILDING, FRONT FAÇADE: A building elevation which fronts on a public street, public parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available. BUILDING HEIGHT [see section 8.2(B)(5)] BUILDING LINE [see section 8.2(B)(3)] BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot. BULK FUEL STORAGE: The commercial storage of gasses and fuels in above ground containers. BUSINESS: Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation. BUSINESS DAY: A day on which City Hall is open. BUSINESS SUPPORT SERVICES: Establishments that engage primarily in rendering services to businesses including but not limited to copy shops, printing services, package and postal services, photo processing, janitorial services, and similar operations. CALIPER: A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper inches of a tree shall be determined by measuring the tree’s diameter 4 feet, 6 inches from the ground. CANOPY: A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. Planning Commission Agenda – 09/01/15 1 3A. Consideration of an update and recommendation on the Northwest Monticello Interchange Planning Area. (AS) Planning Case Number: Not assigned A. REFERENCE & BACKGROUND The Planning Commission is asked to consider a recommendation related to the development of a land use study for the area currently designated “Interchange Planning Area” within the City’s adopted Comprehensive Plan. Planning Commission will refer to the Comprehensive Plan, Chapter 3 – Places to Live, which designates a large portion of the northwest area of Monticello as “Interchange Planning Area”. This designation was ultimately adopted by the City after a series of discussions and public meetings associated with the overall comprehensive plan effort. The most recent full comprehensive plan update, adopted in 2008, required a series of public meetings to develop the plan. The Comprehensive Plan acts as the City’s guide for growth and development over the next 20 years. In discussions specifically regarding the northwest area at that time, it was noted that land use in the northwest area will be impacted and/or driven by the development of a western interchange with Interstate 94. When the updated Comprehensive Plan was adopted in 2008, it was determined by City officials that more detailed land use planning related to a western interchange would be needed before adopting more specific land use classifications such as Place to Live, Work, Shop and Recreate. Therefore, the final adopted plan designated an “Interchange Planning Area”. Within the last year, the City Council has requested that staff once again research the potential for a west interchange within the Northwest Monticello area. The City’s engineering firm, WSB & Associates, has received Council approval to complete an interchange study, which will ultimately yield information on where a western interchange (or interchanges), will be located. While the City had originally determined that the interchange would need to be sited prior to more detailed land use planning for the Interchange Planning Area, City staff have learned that land use planning is critical to interchange siting analysis and to MnDOT and Federal Highway Administration’s review of the interchange locations. WSB has indicated that they will need land use concepts which address interchange locations for the northwest area in order to complete the interchange study. As such, City Planner NAC has prepared a scope of work for the land use plan study associated with Interchange Planning Area. The proposed scope will include the development of land use plan concepts addressing each of the four potential interchange Planning Commission Agenda – 09/01/15 2 scenarios (no build, interchange at Orchard Road, interchange at County Road 39, interchanges at both Orchard and County Road 39). The scope also incorporates review of existing plans and agreements, public engagement opportunity, and public official involvement and review. At this time, an amendment to the Comprehensive Plan is not contemplated as part of the scope. Rather, the study will produce land use alternatives for the purpose of analyzing interchange locations. At the time an interchange location is identified, the study and concepts would serve as the basis of comprehensive plan amendment considerations for both the Land Use and Transportation sections of the plan. If Planning Commission recommends moving forward with the study, the recommendation will be forwarded to the City Council. B. ALTERNATIVE ACTIONS 1. Motion to recommend to the City Council that a land use study be prepared for the Northwest Monticello Interchange Planning Area. 2. Motion of other. C. STAFF RECOMMENDATION Staff recommends moving forward with the planning process for the Interchange Planning Area, based on the understanding that land use concept plans are necessary to continue interchange study efforts for Northwest Monticello. D. SUPPORTING DATA A. Interchange Planning Area Land Use Planning Scope B. Monticello Comprehensive Plan, Chapter 3 – Places to Live, Excerpt MonticelloInterchangeStudyArea–LandUsePlan Thisworkprogramisintendedtoidentifythegeneralstepsandtasksforthedevelopmentofalanduse plancomponentoftheNorthwestMonticelloInterchangeStudy,anefforttodocumentandanalyzethe potentialforaninterchangewithInterstate94servingthenorthwestportionofthecommunity.Thestudy includestwopotentialinterchangelocations(County39andOrchardRoad),andexamineswhetheroneor theotheroftheselocations,orboth,orneitherarejustified,andhowtheiradditiontotheareawouldimpact theregionaltransportationsystem. Thelandusecomponentwilladdresshowalternativelocationsforaninterchangewouldaffectlanduse projectionsandassumptions,aswellasnowthosegrowthexpectationswouldimpactinterchangeviability. Asnotedbelow,withtwopotentiallocations,therearefourpossiblescenarios:OrchardRoadorCounty39 interchangesalone,bothinterchangelocations,orneitherlocation. Theworkproductofthelanduseanalysiswillbeestablishedtoaccommodatefutureincorporationasan amendmenttotheComprehensivePlan,however,theimmediateusewillbeasacomponentofthestudy only. ProjectApproach PlanningTask1.0PROJECTINITIATION/STARTUPMEETING Atthebeginningofthelanduseplanningprocess,weproposeastart-upmeetingwithCitystaff.The purposeofthemeetingwillbetorefinethescopeoftheprojectandgainanunderstandingoftheprimary issuesdrivingtheCity’sdecisiontoupdatethePlanatthistime.TheStartUpmeetingwilldefinetheroles oftheparticipants,identifyavailableresources,andfinalizeaprojectschedule.Wewillattempttodefine thefollowingitems: 1.1IdentifyCityGISinformationorotherbasemappingresources. 1.2Examineanddiscussexistingplanningdocuments(i.e.,ComprehensivePlan,ParkPlan, DevelopmentRegulations,TransportationPlanandstudies,utilitymapsandplans,relevant TownshipandCountyresourcesforthejointplanningarea,etc.). 1.3Identifyrequiredtimelinesandprojectdeliverydeadlines. 1.4Discusscitystaffinvolvementandotherconsultantroles. TheprimarytangibleproductoftheinitialtaskwillbearefinedWorkProgramwhichwillbettersteerthe projecttowardthespecificobjectivesofthecommunity.Itislikelythattimewillbefocusedoncertaintasks andareasofinterest.Inthisway,theLandUsePlanwillbetailoredtoaddresstheelementsofgreatest importancetotheCity,whileaddressingotherissuesinthedepthappropriatetotheirdemand. PlanningTask2.0ISSUESIDENTIFICATIONANDINVENTORY TocompletetheInventory,weanticipatethatdatawillbegatheredandincorporatedintoasummaryof existingconditions.Boththeplanningissuesandinventorywillbepresentedatapublicmeetingtosolicit publicofficialcommentspriortofinalizationofthischapterofthePlan. 2.1 InterviewswithCityofficials(CityCouncil,PlanningCommission,EconomicDevelopmentgroups, ParkCommission,Citystaff)toidentifyissuesandprovideparametersforplandevelopment. 2.2 Collectmaps,records,andotherdataavailablethroughtheCity,County,StateAgencies,orother sources,includingtheCity’sNaturalResourcesInventory,ComprehensivePlan,andother documents. 2.3 Conducton-sitelanduseinventoryofstudyareaandadjoiningterritory. 2.4 HighlightnoteworthyissuesapparentfromthecollectedInventory. 2.5Crosscheckthephysicalinventoryinformationwithissuesandinformationcollectedthroughother sources. 2.5Deliverables:FinaldetailedWorkProgram;Summaryreportwithcommentsontherelevanttopic areasraisedbytheInventoryanalysis. PlanningTask3.0POLICYPLANNING UponcompletionoftheIssuesIdentification,NACwillworkwithcityofficialsandstafftoestablishplan prioritiesandgoalsforCitygrowth,landuse,andtransportationintheInterchangeStudyArea.APolicy Planthatidentifiesthesestatedgoalsalongwithpolicystatementsaimedatachievingthesegoalswillbe produced. ThegoalsandpolicieswillbeformattedtocomplementthestructureofthecurrentComprehensivePlan, however,formalComprehensivePlanamendmentswouldoccuroncefinalagencydecisionaremade relatedtothedevelopmentofnewinterchangelocationsasaseparateproject. Thepublishedpolicieswillgivethecommunityasolid,defensiblebasisforapprovingorrejectingproposed developmentrequests.Similarly,prioritizingtheCity’sresourcescanbestbeaccomplishedwhenthegoals areclear.Aspartofthedevelopmentstage,thefollowingstepswillbecompleted: 3.1ConsultantdevelopmentofGoalstatementdraftsforpolicyconsideration. 3.2MeetingwithPlanningCommissionandCityCouncil,andothergroupsasidentified,toreviewdraft GoalsandPolicies. 3.3Deliverables:GoalsandPoliciesreport. PlanningTask4.0:LANDUSEPLANNING TheDevelopmentFrameworkoftheComprehensivePlanconsistsofthephysicalplansandprograms whichlayouttheCity’sproposedlanduse.Inthisproject,therelevantscopeistoidentifyandsupportthe concurrenttransportationplanningunderwayinregardtoafutureinterchangelocationinthenorthwest portionofthecity.Withuptofouralternativesunderexamination,thelanduseplanningwillshiftbetween locations,highlightingprosandcons,andassigningrelativeweights,toeachlocationfactor. Whilesupportfortheinterchangeisacentralcomponentofthisstudy,thelanduseplanwillalsodrive futuredevelopmentofthenorthwestregion.Understandingtheentiretransportationnetworkinthearea, alongwithutilityandotherinfrastructurelimitations,willbeakeycomponentindevelopinglanduseplans thatwillcontinuetoberelevanttolong-termdevelopmentplanning. Itisfurtherunderstoodthatthelong-termobjectiveofthecitywillbetodirectgrowthtothesubjectplanning area.Assuch,thestudyneedsbuildthebasisforaccommodatingarangeoflandusesthatarelikelyto achievethisgoal.Demographicanalysis,andlandabsorptionmodelsforvariouslanduseswillbe developedtobothexamineexistinglandinthecity,andprojectgrowthopportunitiesinthenorthwestarea. Thelanduseplanwillusetheseprojectionsasabasisfortheeventualplancomponent.Aswiththestudy generally,ComprehensivePlanamendmentsnecessarytofurtherimplementtheCity’sobjectiveswouldbe completedasaseparateprojectoncemorespecificdecisionsaremaderegardinginterchange development. TheDevelopmentFrameworkphasewilltypicallyrequiretwoworkingconferencestorefineaconceptual landuseandtransportationplan.NACwillalsoconductreviewswithCitystaffasnecessarytodiscuss initialchangesoralternativesforcommunityconsideration.DuringthisTask,wewouldexpecttoconduct atleastonegeneralworkshopwiththepublictoreviewconceptsandalternatives,andtoreviewplanning recommendations.Thelandusetasksareasfollows: 4.1Preparationofconcept,landuse,transportationschematicsandalternatives,asappropriateforthe followingalternatives: a.County39interchangelocation,only. b.OrchardRoadinterchangelocation,only. c.BothCounty39andOrchardRoadlocations. d.Nointerchangelocation. 4.2Presentationofconcept,landuse,transportationplansandalternativestoPlanningCommission. 4.3DraftlanduseplantextutilizinginputfromthePlanningCommissionreview. 4.4Incorporationofsubchapterinventorysupportingthelanduseelement(naturalresources, transportation,utilities,communityfacilities,etc.). 4.5PresentationoflanduseplandrafttothePlanningCommissionandCityCouncil. 4.6Holdopenhouseonemeetingtoprovideinformalcommunityinput. 4.7Finalizelanduseplantextandmapping. 4.8Deliverable:FinalLandUsePlan,incorporatingpoliciesandmapping,andtextdirecting developmentactivities(andinsupportofinterchangelocationstudies)fortheNorthwest Interchangearea. BecausethestudyareaencompasseslandtotheedgeoftheMonticelloOrderlyAnnexationArea, considerationofaconceptuallanduseplanfortheextra-territorialareascoveredbythejointplanning arrangementwithMonticelloTownshipwillalsobeapotentialcomponentofthisTask.Thescopeand budgetincludethisaspect. Followingup,therewillbeimplementationstepstoensurethatthelanduseplanisadoptedand incorporatedintotheCity’sdevelopmentplanningpoliciesanddocuments.Sincetheinitialscopeofthe planningeffortistosupporttheinterchangestudy,itisexpectedthatfurtherimplementationactivitieswill awaitthefinalselectionofaninterchangelocation. Estimatedconsultanttime:110hours Estimatedprojecttimeline:90days Estimatedconsultantcharges:$8,200 Mboe!Vtf 3 Uif!gvuvsf!wjtjpo!gps!Npoujdfmmp!qspwjeft!uif!gpvoebujpo!gps!uif! Dibqufs!Dpoufout Mboe!Vtf!Qmbo-!jo!uvso-!qspwjeft!uif!gsbnfxpsl!gps!ipx!mboe!xjmm!cf!vtfe! 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Dpnqsfifotjwf!Qmbo/ \[pojoh!sfhvmbujpot!bsf!qbsujdvmbsmz!jnqpsubou!jo!uif!bqqmjdbujpo!pg!uif!mboe! Mboe!Vtf!Dbufhpsjft vtf!dbufhpsjft!jo!uif!Npoujdfmmp!Dpnqsfifotjwf!Qmbo/!!Uif!”qmbdft!up•!mboe! \[pojoh!sfhvmbujpot!)boe!puifs!mboe!vtf!dpouspmt*!xjmm!cf!vtfe!up!efufsnjof!uif! up!hvjef!mboe!vtf!jo!Npoujdfmmp/!!Pof!fmfnfou!njttjoh! bqqspqsjbuf!mpdbujpo!gps!fbdi!gpsn!pg!efwfmpqnfou!boe!puifs!sfhvmbujpot!po! gspn!uif!2::7!Dpnqsfifotjwf!Qmbo!xbt!b!eftdsjqujpo! uif!vtf!pg!mboe-!dpotjtufou!xjui!qpmjdjft!pg!uif!Dpnqsfifotjwf!Qmbo/ pg!uif!mboe!vtf!dbufhpsjft!tipxo!jo!uif!Mboe!Vtf! 3119!Dpnqsfifotjwf!Qmbo!!Vqebufe!3125Mboe!Vtf!!}!!4.4 3-16 | Land Use City of Monticello Community will be needed in the Northwest area as it develops. These uses are typically allowed in residential areas and governed by zoning regulations. These institutional uses (such as schools and churches) are important parts of the fabric of the community, but require guidance to ensure a proper fit with its residential surroundings. New institutional use should be allowed in residential areas under certain conditions. These conditions should address the aspects of the use that conflict with desired characteristics of residential neighborhood. Criteria for locating an institutional use in a residential land use area include: 1. Size. Large buildings and site areas can disrupt neighborhood cohesiveness. Use in lower density residential areas should not be more than [to be determined] square feet in lot area. 2. Parking. Parking may spill on to neighborhood streets without adequate on-site facilities. The parking needs will vary with the use of the facility. Each facility should provide adequate on-site or reasonable off-site shared parking based on the use of the facility. 3. Traffic. Institutional uses should be oriented to designated collector or arterial streets. 4. Lighting and signage. Site lighting and signage needs may resemble commercial uses. These site factors should be managed to fit the character of the surrounding residential development. Urban Reserve The Urban Reserve contains all property in the Orderly Annexation Area that it not shown for development in the near term in this Plan. The objective is to encourage rural and agricultural uses, preventing barriers to future development opportunities. It is anticipated that the City will grow into portions of the Urban Reserve as planned land use areas become fully developed and capacity for future growth in needed. The Urban Reserve is not simply a holding area for future development. Parts of the Urban Reserve are likely to be preserved as natural resource areas or for agricultural purposes. Future planning will consider the locations in the Urban Reserve best suited for development. Interchange Planning Area The Interchange Planning Area encompasses undeveloped land in the northwest part of Monticello around the site of a potential west interchange with Interstate 94. The purpose of this land use is to preserve the area for future development and prevent the creation of development barriers. If built, the area should be planned to support a mixture of commercial, employment and residential land uses. The interchange location and the routes of future connecting roads are solely for illustration. Future land use issues in this area are discussed in the Focus Area for Northwest Monticello. Private Infrastructure This category applies to Xcel Energy’s power plant and railroad right-of-way. This category recognizes the unique role of the power plant in Monticello. Greenway The Land Use Plan Map shows a “potential greenway” ringing the western and southern edges of Monticello. The Greenway is intended to provide an environmental corridor that connects large community parks and open spaces to neighborhoods, schools, shopping areas and places to work. They serve to protect environmentally sensitive areas such as natural habitat, wetlands, tree canopy, and drainage ways. Land within this corridor could be comprised of a combination of public and private open space. Development would not be prohibited within the greenway but would be reasonably restricted to ensure that development is carefully integrated with the natural environment. The Greenway is intended to shape development patterns in a manner that is sensitive to the existing environment and harmonious with the landscape. The Greenway creates opportunities for a continuous trail corridor connecting neighborhoods with large parks and open spaces. A trail within this corridor is intended to be fully accessible to the general public. Land Use | 3-172008 Comprehensive Plan ~ Updated 2014 The following are the City’s goals for the Greenway: 1. To provide (where possible) a continuous green corridor connecting large community parks and open spaces to neighborhoods, shopping areas, schools and places to work. 2. To connect people to significant places. 3. To protect the community’s natural resources (trees, ponds, wetlands, slopes, etc). 4. To create environmentally sensitive development and design. 5. To provide opportunities for corridors for wildlife movement and ecological connections between natural areas. Focus Areas For certain parts of Monticello, the intentions of the Comprehensive Plan cannot be adequately described solely with the land use map and the related category descriptions. The following Focus Areas provide a more detailed examination of the plans and issues in key locations that will shape the future of Monticello. Northwest Monticello This focus area includes the entire northwest corner of the community. The land use objectives in this area include: 1. Encourage development in this part of the community to utilize infrastructure investments and to provide the capacity to develop in high amenity areas. 2. Provide for a variety of housing alternatives based on the natural features and the surrounding land uses. Areas with high natural amenities or proximity to the Bertram Chain of Lakes Regional Park should be reserved for move up housing. 3. Expansion of existing Places to Work in a manner that creates more “head of household” jobs. 4. Preserve and promote public use of natural areas, including the establishment of greenway corridors. 5. Identify and preserve key street corridors. 6. Preserve areas for future Places to Shop and Places to Work around a future highway interchange, if such an interchange proves viable. The Comprehensive Plan envisions that growth will extend westward from existing development. The initial high amenity residential development is expected to occur along the eastern perimeter of the Bertram Chain of Lakes Regional Park. No Places to Live are planned with the boundaries of this park. Future development will be influenced by the capacity of the street system, including plans for the construction of a highway interchange. The remainder of this section describes the land use issues and objectives for northwest Monticello in greater detail. West Interchange A new interchange with Interstate 94 is a critical variable in the future development of this area. While the Comprehensive Plan recognizes the potential for a future interchange, in 2008 it is only a concept. It £¤10 £¤10 Æÿ25 !(14 !(11 !(43 !(50 !(68 !(5!(81 §¨¦ 9 4 Æÿ25 !(75 !(18 !(117 !(39 !(106 !(37!(1 3 1 0 0.5 10.25 Miles- November 1, 2011 Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use Plan Legend Places to Live Places to Shop Places to Work Places to Recreate Places for Community Downtown Mixed Use Interchange Planning Area Urban Reserve Infrastructure Rivers and Streams Public Waters Inventory Wetlands (National & Public Waters Inventories) Potential Greenway Potential Interchange Future Bridge Existing Arterial or Collector Road Proposed Arterial or Collector Road Powerline Monticello City Boundary Orderly Annexation Area Amended by City Council Resolution 2011-92, September 26, 2011 Figure 3-10: Land Use Plan - Northwest Monticello 3-18 | Land Use City of Monticello is not part of the State’s plans for future highway improvements for this district. This interchange could be a valuable part of the long- term transportation plan for Monticello if it is part of a new river crossing that removes traffic from Highway 25. Without the bridge, the primary benefit is to provide access to this area and expand the development opportunities. The Land Use Plan assumes that the interchange is a future possibility. For this reason, property adjacent to the interstate has been placed into a combination of Places to Live, Work and Shop. The Plan seeks to prevent development from limiting the location of the interchange (or block it) and to preserve the area around the interchange for future commercial, industrial and residential development. Without the access provided by the interchange, commercial, industrial and residential development should not be anticipated in this area. Ideally, the City will pursue additional investigations following the adoption of the Comprehensive Plan. These investigations should be designed to resolve some of the unanswered questions related to the interchange. These questions include: f Where should the interchange be located? f What is the potential for a new river bridge connection? f How would the interchange be funded and what are the financial and land use implications for the City? f What time frame should be used in planning for the improvements? The answers to these questions provide invaluable guidance to future land use and transportation in Monticello. The area included in future planning should not be limited to the property in the Interchange Planning Area land use category. An interchange and the supporting street system has future land use implications for a broader area. Bertram Chain of Lakes Regional Park Another critical factor in the future of the Northwest Area is the former YMCA camp that is being converted into the Bertram Chain of Lakes Regional Park. The City and Wright County formed a partnership in 2005 to start purchasing portions of the 1,200 acre YMCA property. As of 2013, 495 acres have been purchased through state grants with another 300 planned for acquisition. The YMCA will lease land at the regional park to run their Camp Manitou Summer Camp. The area around this park is guided for future Places to Live. No residential development should be allowed within the park. The amenity of this land and the regional park provide an excellent setting (around the perimeter of the park) for some of the “upscale” neighborhoods and housing desired by the City. In planning for this park, it is important to look beyond the boundaries of the park and to its context in the broader community. The illustration in Figure 3-11 highlights several key community development opportunities: f The City must create connections between the park and other sections of Monticello. f Building streets in a “parkway” design emphasizes the desired qualities of a regional park and of the surrounding Places to Live and Work. f The park is a critical piece in creating a “greenway” system that links to the Mississippi River and may, over time, ring the community. Industrial Growth The Northwest area is a critical location for current and future industrial development. The Monticello Business Center, located south of Chelsea Road and west of 90th Street, has already started to be developed as a high amenity environment with protective covenants that address building materials, loading docks, outdoor storage, and landscaping. In order to provide sufficient land for Business Campus uses over the next 25 years, the Comprehensive Plan extends this land use south to the planned expansion of School Boulevard. It is important to recognize that activity generated by business development can create conflicts with residential development. The Comprehensive Plan seeks to create both high quality business parks and residential neighborhoods in this area. Careful site Land Use | 3-192008 Comprehensive Plan ~ Updated 2014 planning and development management will be needed to meet these objectives. School Boulevard Extension The Northwest Area serves as a good example of the need to coordination land use and transportation planning. An extension of School Boulevard is needed to provide access to the area and to connect development to the rest of the community. The route of this roadway should be identified and preserved as development occurs. School Boulevard has several other Comprehensive Plan implications: f This major collector street will influence the nature of adjacent land use. f Streetscape improvements would help to define the high quality character desired by the City as a gateway to the Bertram Chain of Lakes Regional Park and to new neighborhoods. f The street is a means for bringing trail connections to the park. Golf Course In 2006, the Silver Springs Golf Course was part of a development proposal (Jefferson at Monticello) that would have redeveloped this property mixing golf and housing. The development did not proceed beyond the environmental review. YMCA Regional Park Existing Natural Land Existing Natural Land Potential Parkways Potential Greenway Corridor Potential Greenway Corridor Existing Green Corridor To Mississippi River To Mississippi River 25 39 Z35W Z394 Z94 Figure 3-11: Community Connections to Regional Park 3-20 | Land Use City of Monticello The Comprehensive Plan shows the area as Places to Recreate based on the continued use as a golf course. This designation does not preclude a future proposal and Comprehensive Plan amendment for residential development. It is likely, however, that this scale of new development will require the access provided by a new highway interchange. The Comprehensive Plan seeks to fill in other development areas and make effective use of other infrastructure investments before extending utilities for redevelopment of the golf course. Downtown Focus Area The Embracing Downtown Plan was adopted by City Council resolution 2012-011 on January 9, 2012 and is herein incorporated as an appendix of the Comprehensive Plan. Downtown Monticello needs special attention in the Comprehensive Plan. Following the 2008 Comprehensive Plan update, the community undertook a separate downtown planning process. This process resulted in the Embracing Downtown Plan. This Plan emphasizes the importance that the community places on Downtown. The 2008 Comprehensive Plan Update relies on the Embracing Downtown Plan as a guide for public and private actions in the Downtown area. Revitalizing and sustaining Downtown Monticello requires a collaborative effort of the City, businesses, property owners and other stakeholders. Planning for the future of the Downtown must recognize the practical realities facing commercial development in Downtown: f The configuration and traffic volumes of Highway 25 significantly reduce opportunities for direct access from the Highway to adjacent properties. f Traffic volumes on Highway 25 will continue to increase. Greater volumes and congestion act as an impediment for people living south of I-94 coming to Downtown. f There is no controlled intersection on Highway 25 between Broadway and 7th Street. The lack of a controlled intersection combined with traffic volumes make pedestrian connections between Downtown and residential areas to the east very difficult. f “Big box” and retail development continue to occur in other parts of Monticello. These businesses directly compete with the Downtown and attract smaller businesses (that might otherwise consider a Downtown location) to adjacent parcels. Downtown Goals Given current plans and conditions, the Embracing Downtown Plan and the Comprehensive Plan recommends the following goals for Downtown. Concepts for Downtown redevelopment should provide solutions to problems and issues identified in the research and analysis of Downtown conditions that are directed by the stated goals for Land Use, Transportation and Design and Image. The preferred solutions should be those that best meet these goals. Land Use f Diversify land use in the Downtown; supplement retail and service uses with other activities that generate traffic. f Encourage redevelopment of old and obsolete structures; encourage consolidation of small parcels with multiple ownerships. f Balance parking and land use to ensure availability of adequate parking at all times. f Encourage mixed use but do not make it a requirement or prerequisite for development or redevelopment. f Discourage residential as a free-standing land use within the core downtown area. f Establish physical connections between the core Downtown area and the riverfront and park. f Encourage land uses that serve as evening and weekend attractions to the Downtown area. f Expand facilities and parking adjacent to West Bridge Park to help create an anchor attraction at the north end of Walnut Street. Transportation f Acknowledge that Highway 25 will be limited in terms of providing direct property access. f Develop circulation patterns that utilize local streets for individual site access.