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Planning Commission Agenda 11-02-2015AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Monday, November 2nd, 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), John Rued 1. General Business A. Call to Order B. Consideration of approving minutes a. Regular Meeting Minutes — September 1St, 2015 b. Regular Meeting Minutes — October 6th, 2015 C. Citizen Comments D. Consideration of adding items to the agenda 2. Public Hearings A. Public Hearing - Consideration of an application for Conditional Use Permit for a Place of Public Assembly in a B -3 (Highway Business) Zoning District pursuant to Chapter 5, Section 1 and Chapter 5, Section 2(D) of the Monticello Zoning Ordinance. Applicant: Quarry Community Church B. Public Hearing — Consideration of an application for Amendment to the Monticello Zoning Ordinance Chapter 5, Sections 1, 2, and 3 and Chapter 8, Section 4 as related to regulations for Breweries, Taprooms, and Microdistilleries. Applicant: City of Monticello C. Public Hearing - Consideration of Amendment to the Monticello Zoning Ordinance Chapter 2, Section 4(0), as related to Planned Unit Developments, Chapter 4, Section 13 as related to co- location facilities for wireless antenna and Chapter 8, Section 4 for definitions. Applicant: City of Monticello 3. Regular Agenda A. Consideration of a request for Administrative Lot Combination and Simple Subdivision in an R -2 (Single and Two Family) Residence District. Applicant: Lampi, Mark/Lampi Auctions, Inc. 4. Added Items 5. Adjournment MINUTES MONTICELLO PLANNING COMMISSION Tuesday, September 1, 2015 - 6:00 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, John Falenschek, Marc Simpson, Sam Murdoff Absent: Charlotte Gabler (Council Liaison) Others: Angela Schumann, Steve Grittman (NAC), John Rued 1. General Business A. Call to order Brad Fyle called the meeting to order at 6 p.m. B. Consideration to approve Planning Commission minutes MARC SIMPSON MOVED TO APPROVE THE JULY 7, 2015 REGULAR MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. SAM MURDOFF MOVED TO APPROVE THE AUGUST 4, 2015 SPECIAL MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. Fyle noted that the August 4, 2015 regular meeting minutes were not yet available. C. Citizen Comments None D. Consideration of adding items to the agenda None 2. Public Hearings A. 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) Steve Grittman summarized that the Planning Commission had denied Quarry Church's request to rezone property located at 3939 Chelsea Road West to a B -2 (Limited Business) District at its August meeting, and continued the public hearing, directing staff to develop text amendment language which would allow Places of Public Assembly as a conditional use within the B -3 District. Grittman reviewed the general standards under which Places of Public Assembly are allowed. He noted that staff had also recommended additional conditions to ensure that the nature of the public assembly use reflects the regional (traveler- Planning Commission Minutes: 9/01/15 based) land use intent of the B -3 District. Grittman outlined the following additional conditions for B -3 amendment: 1. Public Assembly in the B -3 is only allowed on properties of 10 acres in size or more. 2. Public Assembly uses must occupy buildings of at least 20,000 gross square feet of area. 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. 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. 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. Fyle resumed the continued public hearing. Kari Sanders, the Executive Director of Quarry Church, (100 Chelsea Road, Monticello), stated that the church supports the additional language for the conditional use permit. She also indicated that the church had begun to move forward with the traffic study should the request for text amendment be approved. Sanders noted that the traffic study would include the church's growth plan estimates. Wayne Elam, of Commercial Realty Solutions, (3 Hwy 55 W., Buffalo), broker for the property, suggested that the request would update the City's code related to Places of Public Assembly. He suggested that the typical minimum cost for a traffic study is $10,000. As there were no further public comments, the hearing was closed. Decision 1: ZONING TEXT AMENDMENT TO THE B -3, HIGHWAY BUSINESS DISTRICT ADDING PLACES OF PUBLIC ASSEMBLY TO THE LIST OF ALLOWABLE USES: 2 Planning Commission Minutes: 9/01/15 LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -012 RECOMMENDING APPROVAL OF THE REQUESTED TEXT AMENDMENT ADDING PLACES OF PUBLIC ASSEMBLY AS A PERMITTED USE IN THE B -3 LISTING OF ALLOWABLE PRINCIPAL USES, BASED ON FINDINGS IN SAID RESOLUTION FOR APPROVAL. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH BRAD FYLE VOTING IN DISSENT. (Brad Fyle said that he supports Quarry Church but does not think it is appropriate to allow the church to locate in the B -3 District.) Angela Schumann indicated that Quarry Church had asked that the map and text amendment requests be considered by the City Council. She noted that these items would be included on the regular Council agenda at the September 281h meeting. 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 re2ulatin2 Permit Requirements and allowable materials. Applicant: City of Monticello Planning Commission Angela Schumann summarized that the Planning Commission had called for a public hearing at its August meeting to consider amending standards for allowable fencing materials in response to a citizen comment related to a violation notice which had been presented at the July meeting. Schumann noted that the fence had been constructed using wire mesh which is a prohibited material. She stated that staff had proposed amendments to allow wire mesh to be used in combination with other approved fencing materials and to require that materials be coated to prevent future maintenance issues. Schumann pointed out that these amendments support the Comprehensive Plan emphasis on higher amenity development. Schumann also noted that staff had also proposed amending permitting requirements to maintain consistency with changes to the adopted Building Code. She stated that the proposed amendment would require a building permit for fences over seven (7) feet high. Schumann proposed that this change also be reflected in the language within the Industrial and Business Campus District provision in Section 4.3(D)(3). Schumann noted that the Planning Commission had indicated an interest in updating the full fencing ordinance at some point in the future. Schumann pointed out that the ordinance language did not refer to chicken wire or framing and material gauge requirements in an effort to keep ordinance language simple. She summarized that the proposed amendment would add a phrase to Section 4.3(G) Prohibited Fences as follows: "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." Planning Commission Minutes: 9/01/15 Schumann also indicated that the proposed amendment would add a phrase to Section 4.3(J)(1) Appearance as related to Customary Materials as follows: "or metal materials treated with weather resistant coating, " Brad Fyle opened the public hearing. Anthony Buss stated that he owns the property at 4640 Country Circle and that he had attended the meeting in place of his brother, Joe Blum, who addressed the Planning Commission in July in regard to the violation notice. Buss said that he thought that he'd followed fence construction rules and apologized for creating a problem. He said that he had chosen to use green treated cedar and material two times the thickness of wire mesh so that the fence would be rigid, strong and easily maintained. He stated that he had intended to complete the top and bottom rails of the fence but stopped construction upon receiving the violation notice. He said that his neighbors love the fence. Hearing no additional comments, the public hearing was closed. Building Official John Rued noted that the material looks like reinforcement wire for concrete and pointed out that it was already rusty. Buss indicated that he hadn't been able to find galvanized material in the thickness he'd wanted so he used reinforced steel. He said that the material is not coated but indicated that he'd intended to paint it black so that it would be weather resistant. Rued suggested that it would meet the intent of the ordinance if Buss were to seal the wire and provide framing at the bottom. There was some discussion related to the value of including ordinance language which specifically prohibits the use of chicken wire and /or specifically includes top and bottom railings to define framing. Steve Grittman suggested identifying a gauge requirement in place of language which is subject to interpretation. SAM MURDOFF MOVED 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; AND TO DIRECT STAFF TO INCLUDE LANGUAGE ALLOWING MATERIALS TO BE USED IN COMBINATION, AND FURTHER SPECIFIES GAUGE AND FRAMING REQUIREMENTS. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 5 -0. 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 re2ulatin2 accessory use related to outdoor bulk fuel sales. Applicant: Ouality RV/Machholz, Craig for VHM HoldinoNon Hanson's Meats (AS) Planning Commission Minutes: 9/01/15 Angela Schumann summarized that representatives from Von Hanson's Meats and Quality RV had submitted a joint application requesting that the zoning ordinance be amended to allow them to install outdoor propane fuel containers on their commercial sites to serve their customers. She noted that the proposed text amendment would allow accessory use bulk fuel sales as permitted uses in the B -2, B -3 and B -4 commercial zoning districts and by conditional use permit in the CCD. Brad Fyle opened the public hearing. Jon Tennessen, of Von Hanson's Meats, said that, since O'Ryan's closed, he and business partner Craig Macholz, found out that there is a big local demand for propane. He said that many Von Hanson's customers had asked if they would provide bulk fuel service. Tennessen pointed out that service fits with what they do and meets the needs of their customers. He explained that the propane would be supplied and maintained by a reputable company. Craig Macholz, of Von Hanson's Meats, stated that he had recently met with city staff to discuss using shrubs to address the screening requirement. He indicated that fuel service would be located on the northeast corner of the building adjacent to County Road 39. Ron Vaughn, of Quality RV, 3801 Chelsea Road, stated that they would like to service new and used RV units within their own facility. Vaughn said that bulk fuel service is proposed to be located between the building and interstate on the north side of the building. He noted that they will accommodate whatever screening is recommended. Steve Colquist, of Ferrell Gas, indicated that the proposed installation would consist of stainless steel cabinets and look similar to those previously located at O'Ryan's. He responded to questions about safety and screening requirements related to bulk fuel dispensing stations. He said that it is nice to have shrubbery for screening but pointed out that the NFP 58 requires a minimum of three feet around any flammable material. He specified the importance of access to valves to cool the tank in the event of a fire. As there were no further public comments, the hearing was closed. Linda Buchmann suggested that it seemed excessive to require that businesses pay to screen such units because it to do so hides the service. She also pointed out that screening had not been included at other bulk fuel sales sites. Schumann explained that the code requires that outdoor storage areas be screened. SAM MURDOFF MOVED 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. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. 5 Planning Commission Minutes: 9/01/15 Schumann stated that this item would move forward for Council consideration as part of the consent agenda on September 14th. She said that staff would note the commission's discussion related to screening concerns should Council wish to address it. 3. Regular Agenda A. Consideration of an update and recommendation on the Northwest Monticello Interchange Planning Area Angela Schumann summarized that staff had recently learned that a land use plan study of the Interchange Planning Area must be conducted prior to further research related to a west interchange. Schumann explained that Northwest Associated Consultants (NAC) had prepared a scope of work for the study which includes developing land use concepts for the four interchange scenarios (no build, interchange at Orchard Road, interchange at County Road 39, and interchanges at Orchard and County Road 39). She pointed out this information would enable WSB to prepare an analysis of the feasibility of the proposed scenarios and submit those findings to MnDOT and the Federal Highway Administration (FHA) for review and approval. Schumann asked that the Planning Commission review the scope of work developed by NAC and recommend moving forward with a land use planning effort that is directly tailored to the siting of an interchange. SAM MURDOFF MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A LAND USE STUDY BE PREPARED FOR THE NORTHWEST MONTICELLO INTERCHANGE PLANNING AREA. JOHN FALENSCHEK SECONDED THE MOTION. MOTION CARRIED 5 -0. Schumann noted that this item would be considered by the Council on September 281h 4. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 7:26 PM. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burri Approved: Attest: Angela Schumann, Community Development Director m MINUTES MONTICELLO PLANNING COMMISSION Tuesday, October 6, 2015 - 6 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, Marc Simpson Absent: Sam Murdoff, John Falenschek Others: Angela Schumann, Steve Grittman (NAC), John Rued, Charlotte Gabler (Council Liaison) 1. General Business A. Call to order Brad Fyle called the meeting to order at 6 p.m. B. Consideration to approve Planning Commission minutes BRAD FYLE MOVED TO APPROVE THE AUGUST 4TH, 2015 REGULAR MEETING MINUTES. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 3 -0. Brad Fyle asked for clarification related to the Quarry Church motion documented in the September Is' draft minutes. Angela Schumann summarized that the discussion related to the request for text amendment focused on language to allow Places of Public Assembly in the B -3 District by Conditional Use Permit. However, the Planning Commission actually approved language to allow Places of Public Assembly in the B -3 as a permitted use, as a result of reading the motion as it had been written in the staff report. Schumann indicated that the commissioners could choose to correct the motion to reflect the intent of the discussion for the record. She noted that staff had pointed out this discrepancy and provided clarification within the staff report presented for City Council consideration. Fyle suggested tabling consideration of the September minutes until Sam Murdoff was present to provide input as he had seconded the motion. LINDA BUCHMANN MOVED TO TABLE ACTION RELATED TO THE SEPTEMBER 1sT, 2015 REGULAR MEETING MINUTES. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. C. Citizen Comments None D. Consideration of adding items to the agenda • November Meeting Date (Schumann) Planning Commission Minutes: 10/06/15 2. Public Hearings A. Public Hearing — Consideration of a request for Amendment to Development State Planned Unit Development (PUD) for Sunset Ponds, for a proposed rear yard setback variance for attached accessory structure decks in the R -2 (Single and Two Family Residence) District, Applicant: Fedder Homes Steve Grittman explained that the requested amendment to PUD would allow an eight foot extension into the rear yard setback to accommodate construction of 8x12 foot decks and stairways at three two -story townhomes located at 6794, 6788 and 6782 Gingham Court (Lots 22 -24, Block 7, Sunset Ponds). He noted that such requests are usually considered as part of an original residential PUD approval, but suggested that it is not uncommon to allow a zero setback to accommodate adding a deck. Grittman confirmed that there are no public utilities planned for that area_ Grittman cautioned that soil conditions or water table issues may impact the stability of typical deck footings. He pointed out that the applicant would be required to work with the Building Department to determine footing requirements which would support the deck as a condition of approval. Brad Fyle opened the public hearing. Kelly Lillback, 6782 Gingham Court, asked if it would be an option to allow the deck to overhang the footings byl2 -18 inches to increase the size of the deck. Grittman explained that, although not at ground level, the deck overhang would extend beyond the property line because lot lines run vertically as well. He pointed out that neither the Planning Commission or City Council have the authority to allow that. Hearing no further comments, the public hearing was closed. LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -015, RECOMMENDING APPROVAL OF THE PUD AMENDMENT ALLOWING THE CONSTRUCTION OF DECKS THAT ENCROACH WITHIN THE REQUIRED SETBACK, BASED ON THE CONDITIONS LISTED IN EXHIBIT Z. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 3 -0. Angela Schumann noted that the staff report had been sent to each of the property owners as well as to Fedder Homes. She indicated that this request would be included on the October 26th City Council meeting agenda. B. Public Hearing - Consideration of a request for Conditional Use Permit (CUP) for an Accessory Building in a M -H (Manufactured Home Park) District, as per Chapter 5.3(D) of the Monticello Zoning Ordinance Applicant: Kiellber2's Inc. /Kiellbm, Kent 2 Planning Commission Minutes: 10/06/15 Angela Schumann explained that the applicant requested a Conditional Use Permit to allow the construction of an accessory structure enclosure to an existing accessory structure used for outdoor storage on the Kjellberg's Inc. West Manufactured Home Park site located at 9127 State Highway 25 NE. Schumann pointed out that major attached accessory structures in the M -H District are conditionally permitted subject to requirements that the storage building and outdoor storage area are not used by non - residents and that the outdoor storage area is fully screened per Monticello Zoning Code Section 5.3(D)(3). She noted that the proposed expansion presented no issues with code requirements. Schumann summarized that the proposed structure would enclose, on three sides, existing fuel storage containers located in an adjacent outdoor storage area. She noted that compliance with fire standards would be included as a condition of approval. Brad Fyle opened the public hearing. Marty Kjellberg indicated that there are no plans for storage around the tanks within the enclosure. She explained that their provider had recommended covering the fuel tank so that it would not be compromised by moisture. Kjellberg noted that screening the tank from view also acts as a deterrent. As there were no further comments, the public hearing was closed. MARC SIMPSON MOVED TO RECOMMEND APPROVAL OF ALTERNATIVE 91; THE CONDITIONAL USE PERMIT (CUP) FOR 9127 STATE HIGHWAY 25 FOR AN ACCESSORY BUILDING IN A MANUFACTURED HOME PARK (M- H) DISTRICT, BASED ON FINDINGS IN RESOLUTION PC- 2015 -014 AND SUBJECT TO THE CONDITIONS AS LISTED IN EXHIBIT Z. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. EXHIBIT Z Conditional Use Permit — Accessory Structure 9127 State Highway 25 NE Kjellberg's Inc. /Kjellberg, Kent The approval is subject to the review and comment of the City Engineer regarding grading and drainage at the time of building permit. 2. The applicant shall comply with all requirements of the Chief Building Official for the construction of the accessory structure and for enclosure of the existing fuel storage tanks, including building code permit and listing requirements, and all applicable codes and standards such as NFPA 58. Planning Commission Minutes: 10/06/15 3. The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non - residents. Schumann indicated that this request would be included on the October 26th City Council meeting agenda. C. Public Hearing — Consideration of a request for Amendment to Development State Planned Unit Development (PUD) for Taco Bell, for building addition in the Central Community District (CCD), as per Chapter 2.4(0)(10) of the Monticello Zoning Ordinance Applicant: Border Foods Angela Schumann reported that Border Foods proposed adding an exterior cooler and remodeling the Taco Bell restaurant (124 7th Street East) to accommodate the expansion. Schumann indicated that the Conditional Use Permit (CUP) for this site is incorporated within the original Planned Unit Development (PUD) approval. The PUD provides the hotel property to the south access to 7th Street through the Taco Bell property. Schumann explained that the proposed expansion also requires a CUP amendment because restaurants are a conditional use per Central Community District (CCD) guidelines. In addition, a PUD amendment is required per Section 2.4(0)(10)(b) of the Zoning Ordinance because the expansion represents a 7% increase in square footage. Schumann noted that the proposed expansion presents no issues with building or lot square footage requirements or setback requirements. She pointed out that the expansion would increase compliance with the 20% building coverage requirement in the CCD. Schumann summarized that no changes are proposed to existing site access, drive - through configuration, parking, landscaping, signage or other building components. She indicated that staff had determined that the 50 square foot increase in impervious surface on the site would not create drainage concerns. Schumann pointed out that the metal finish material proposed for the cooler unit is prohibited in Business Districts per Section 4.11(D) of the Zoning Ordinance. She explained that PUDs allow flexibility from standards if offset by other improvements. She indicated that the applicant had proposed a landscaping plan which would provide additional screening. Schumann also noted that the applicant had indicated that rooftop equipment would be screened by a parapet. Brad Fyle opened the public hearing. Hearing no comments, the hearing was closed. John Rued explained that the proposed expansion provides internal cooler access, additional space for food preparation, and a secondary exit door. Schumann also noted that she had received documentation indicating that the hotel Planning Commission Minutes: 10/06/15 management does not object to the expansion request. LINDA BUCHMANN MOVED TO ADOPT ALTERNATIVE 91; RESOLUTION NO. 2015 -013 RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT (PUD) FOR TACO BELL, FOR A BUILDING ADDITION IN THE CENTRAL COMMUNITY DISTRICT (CCD), AS PER CHAPTER 2.4(0)(10) OF THE MONTICELLO ZONING ORDINANCE, SUBJECT TO THE CONDITIONS IN THE RESOLUTION AS IDENTIFIED IN EXHIBIT Z. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. EXHIBIT Z Amendment to Planned Unit Development Border Foods —124 7th Street East 1. The approval is subject to the review and comment of the City Engineer regarding grading and drainage at the time of building permit. 2. The applicant shall specify details of any exterior lighting, which shall comply with Monticello Zoning Ordinance section 4.4. 3. The cooler unit shall comply with all City codes for noise. 4. The applicant shall enter into an amendment to development agreement with the City specifying the terms of the PUD. Schumann indicated that this request would be included on the October 26th City Council meeting agenda. 3. Regular Agenda A. Update — November Hearing for Amendments to the Monticello Zoning Ordinance as related to Brew Pubs, Brewer Taprooms and Microdistilleries Schumann noted that the City Council had, at its September 281h meeting, approved adding provisions to liquor ordinances to allow licensing of brew pubs, brewer taprooms and microdistilleries. She explained that Council had also called for the Planning Commission to conduct a public hearing in November to consider proposed zoning ordinance amendments related to use definitions, use regulations and standards, and use within zoning districts. 4. Added Items November Meeting Date (Schumann) MARC SIMPSON MOVED TO RESCHEDULE THE TUESDAY, NOVEMBER 3RD, 2015 PLANNING COMMISSION MEETING TO MONDAY, NOVEMBER 2ND, 2015 TO ADDRESS A CONFLICT WITH THE SCHOOL DISTRICT 5 Planning Commission Minutes: 10/06/15 ELECTION. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. 5. Adjournment LINDA BUCHMANN MOVED TO ADJOURN THE MEETING AT 6:52 PM. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 3 -0. Recorder: Kerry Burri Approved: Attest: Angela Schumann, Community & Economic Development Director 94 -M- 't, / on Planning Commission Agenda — 11/02/2015 2A. Public Hearing — Consideration of a request for a Conditional Use Permit to allow Quarry Community Church to occupy property in the B -3 Highway Commercial District. Applicant: Quarry Community Church (NAC) Property: Legal: Lot 1, Block 1, Gould Addition, Monticello Address: 3939 Chelsea Road West Planning Case Number: 2015 -042 A. REFERENCE & BACKGROUND Request(s): Approval of a Conditional Use Permit to allow Quarry Community Church to occupy property at 3939 Chelsea Road W. Deadline for Decision: October 28, 2015, deadline for agency action extended to January 6a', 2016 Land Use Designation: Places to Shop Zoning Designation: B -3, Highway Business 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. Overlays /Environmental Regulations Applicable: N/A Current Site Use: Vacant 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 Planning Commission Agenda — 11/02/2015 property in question was vacated. For the past several months, other uses have occasionally occupied the property, including general warehousing. Earlier this fall, the City amended the zoning ordinance to include "place of public assembly" in the B -3 district as a conditional use. Quarry Community Church has submitted an application to occupy the site at 3939 Chelsea Road West as a conditional use. The proposed use would include religious services; offices; student programming; monthly events; annual conferences; and wedding ceremonies. ANALYSIS Places of Public Assembly are currently allowed in various districts of the city, under the following standards, regardless of location or zoning district: 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 setback 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 applicants have provided information constituting a complete application for this project, and each of the applicable requirements above are met with this application. The residential proximity requirements are not applicable, as there is no residential property that abuts the subject property. In regard to the conditional use permit for "place of public assembly" in a B -3 District, 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 2 Planning Commission Agenda — 11/02/2015 establishment of motor vehicle oriented or dependent commercial and service activities. 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. A church of this size can raise issues for certain commercial development objectives, including continuity of retail interaction and compatible traffic generation. The following criteria was added for consideration when looking at a CUP for a church in the B -3 district: 1. Public Assembly in the B -3 is only allowed on properties of 10 acres in size or more. The property is 10.68 acres in size. 2. Public Assembly uses in the B -3 must occupy buildings of at least 20,000 gross square feet of area. The existing building on the site is more than 50,000 square feet in usable area. The applicants proposed to occupy all but about 15,000 square feet, meeting the requirement. 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. As noted below, the applicant's parking supply on the property greatly exceeds the requirement. 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. The applicant has submitted a traffic study that is being evaluated by the City Engineer. 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. As required, the applicant has identified the various uses proposed to be part of the occupancy of the building, all of which relate to the building use as a religious institution. The lease space, or 3 Planning Commission Agenda — 11/02/2015 the introduction of other uses not mentioned, will require separate review and approvals. Site Plan Review In addition to the above general standards for the places of public assembly and conditional use permit, the City's site plan review process addresses the following requirements: Landscaping. (Chapter 41) Overstory Trees. The code requires that institutional properties plant overstory trees at a rate of 14 caliper inches per acre. Sta[' comment. On this site of 10.68 acres, a total of 150 caliper inches of overstory trees will be required. The planting plan shows a much smaller total, although there are some existing trees on site. The applicants should verify existing tree count, and resubmit the landscaping plan to meet this requirement. Shrubs. Shrubs shall be planted within landscaping islands at a minimum rate necessary to ensure that at least 25 percent of the total land area occupied by landscaping islands is planted with shrubs. Staff Comment: The landscape islands do not appear to contain any shrubs. The landscape plan shall be updated to include a minimum of twenty -five (25) percent shrub coverage on the landscape islands. Items to be Screened Large trash handling and recycling collection areas (e.g., dumpsters and cardboard recycling containers); Staff Comment: The landscape plan shows an existing trash handling area toward the northeast portion of the property. Any future expansion of the trash handling area will require the same building materials. The materials used will comply with Section 4.1(I)(3) Lighting Plan An exterior lighting plan shall be submitted and approved along with an application for a Site Plan, and Building Permit. Staff Comment: The applicant has submitted a light plan. The light plan includes pole lighting around the perimeter of the property, and pole lighting throughout the parking lot. The lighting plan appears to meet the requirements of the code. E Planning Commission Agenda — 11/02/2015 Sign Regulations The applicants propose to re -use the existing freestanding sign on the site, and add three wall signs. The freestanding sign will be internally lit, while the wall signs will not include illumination. Staff Comment: The signs appear to meet the requirements of the sign regulations. Directional signage In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage may be allowed on site in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (3 0) total square feet. Staff Comment: The current sign plan does not show any directional signage on site. Staff feels that directional signage on a site of this size will require several directional signs. An updated sign plan showing all directional signage onsite shall be required. Parking - Change in Use or Occupancy of Land The revised ordinance requires parking on the site equal to one parking space per 2.5 seats in the main assembly hall, based on design capacity. This space is shown to be just over 8,000 square feet, with a planned maximum capacity of 500 seats. Staff Comment: At the prescribed rate, the parking requirement would be 200 spaces. Staff and the applicant are looking into the maximum capacity for building code purposes, and will provide that data to the Planning Commission as a part of its consideration of the item. The site has more than 600 available parking spaces, well in excess of the expected need. Grading, Drainage, Stormwater Management, and Erosion Control Plan Requirements Staff Comment: The City Engineer shall comment on any issues related to utilities or stormwater management.. B. ALTERNATIVE ACTIONS 1. Motion to adopt Resolution No.2015 -016 recommending approval of the Conditional Use Permit for Quarry Church to allow "places of assembly" in the 5 Planning Commission Agenda — 11/02/2015 B -3 district, based on the findings in said resolution and subject to the conditions as identified in Exhibit Z. 2. Motion to deny adoption of Resolution No.2015 -016 recommending approval of the Conditional Use Permit for Quarry Church to allow "places of assembly" in the B -3 district, based on findings to be made by the Planning Commission. 3. Motion to table action on Resolution No.2015 -016, subject to additional information related to the site plan. C. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit, with the conditions noted above, and as listed in Exhibit Z. The recommendation is based on findings that the proposed application is consistent with the general and specific requirements of zoning ordinance and the B -3 district and that the application will meet all performance standards, subject to compliance with those conditions listed in Exhibit Z. D. SUPPORTING DATA A. Resolution 2015 -016 B. Applicant Narrative C. Zoning Map D. Location Map E. Plat Map F. Site and Parking Plan G. Landscaping and Parking Plan H. Floor Plan - Lower L Floor Plan — Upper J. Traffic Analysis K. Sign Plan L. Lighting Plan Z. Conditions of Approval CI Planning Commission Agenda — 11/02/2015 EXHIBIT Z Conditions of Approval Application 3939 Chelsea Road Lot 1, Block 1, Gould Addition, Monticello 1. The applicant update the landscape plan to show fire lanes on the property. 2. The applicant shall provide an updated landscape plan to show existing and proposed landscaping. 3. The applicant shall submit an updated landscape plan showing the materials to be used on the landscape islands. 4. The landscape plan shall be updated to include a minimum of twenty -five (25) percent shrub coverage on the landscape islands. 5. An updated sign plan showing all directional signage onsite shall be required. 6. The site plan shall be updated to show seating capacity inside the facility to confirm the amount of parking necessary. 7. The City Engineer shall comment on any issues this site has had in regards to grading, drainage, or stormwater management. 8. Trash enclosure to be retained — any future expansion requires same materials. 7 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -016 RECOMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR PLACE OF PUBLIC ASSEMBLY IN THE B -3 DISTRICT FOR QUARRY COMMUNITY CHURCH AT 3939 CHELSEA ROAD WHEREAS, the applicant has submitted a request for a Conditional Use Permit to establish a Place of Public Assembly in the B -3 Zoning District; and WHEREAS, the Comprehensive Plan identifies the planned land use for the area as "Places to Shop; and WHEREAS, the City has designated the area as a B -3, Highway Business zoning district; and WHEREAS, the B -3 zoning includes Places of Public Assembly as a Conditional Use, subject to various conditions; and WHEREAS, the Planning Commission held a public hearing on November 2, 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 proposed application is consistent with the intent of the B -3 Zoning District. 2. The proposed application is consistent with the general and specific requirements of zoning ordinance and the B -3 district. 3. Subject to compliance with the conditions of approval recommended in the staff report on the item, the application will meet all performance standards. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approve the Conditional Use Permit subject to the conditions listed in Exhibit Z as follows: 1. The applicant update the landscape plan to show fire lanes on the property. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -016 2. The applicant shall provide an updated landscape plan to show existing and proposed landscaping. 3. The applicant shall submit an updated landscape plan showing the materials to be used on the landscape islands. 4. The landscape plan shall be updated to include a minimum of twenty -five (25) percent shrub coverage on the landscape islands. 5. An updated sign plan showing all directional signage onsite shall be required. 6. The site plan shall be updated to show seating capacity inside the facility to confirm the amount of parking necessary. 7. The City Engineer shall comment on any issues this site has had in regards to grading, drainage, or stormwater management. 8. Trash enclosure to be retained — any future expansion requires same materials. ADOPTED this 2nd day of November, 2015, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION ILN ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 Quarry Community Church 100 Chelsea Road Monticello, MN 55362 September 8, 2015 To Whom It May Concern The Quarry Community Church is in process to purchase the property located on 3939 Chelsea Road West, Monticello, MN to use as their new office location, student ministries, and long term assembly location for their church body. The Quarry Church currently utilizes 100 Chelsea for office and student ministry activities. The Monticello Middle School is utilized for Sunday Worship activities and use the Monticello High School while renovations are occurring at the Middle School. Office use is typically 8 -10 staff employees during the week and average about 350 (adults /children) on a Sunday. Depending on building requirements for an assembly this size, plan is to do some cosmetic changes only and move in as is. Future plan, is to build out an assembly area in one of the service areas as we grow and we will follow the site plan process for these changes and modifications. We are requesting for approval for assembly at 3939 Chelsea Road West, Monticello in the following way: • Approval to add a text amendment to B -3 zoning district allowing conditional use permit for church/ assembly use. The 3939 property allows us to continue to grow beyond our 5 year plan. Our current property allows for initial growth, but we will be looking at alternative options in the next 3 -5 years. Primary use of the space will be for church service and activities. Listed below are planned uses of the space: • Office Staff (C 8 -10 people, M -F, 8am -5pm) • Worship Service (0350 people, Sunday 9am - 12pm, volunteers 7:30am - 1pm) • Student Ministries ((& 100 people, Wednesday 6pm - 9pm) • Monthly events (Women's /Men's Ministry, Elder Mtgs, Team Mtgs, etc, evenings C 6:30 -10pm) • Church Conference (TBD, once a year, C Thurs -Fri) • Weddings /Receptions /Funerals (TBD) • Fundraiser Events (Typically weekends; 2 -4 times / year) • Prayer Meetings (weekly, 7 -9am, currently Thursdays) • As a body we continue discussions in the area of how to best use the building. With the additional classroom space we may build out a plan for a daycare or preschool. Any expansion of other uses will be brought forward to City Administration for review of land use and building permit approvals. • There will be about 15K -20K of unused space (Technical Service Area) that the Quarry intends to use as storage and if possible find a renter that could use that space until the Quarry needs the space for expansion. Any potential renter will need to be reviewed by City Administration to confirm Land Use and building permit approvals. • At this time, there is a fenced in area to contain the garbage bins. This is the only outdoor storage that we will be using on this property. If there is a need for additional outdoor storage, we will review with the city for proper land use and building permits. The building at this time has numbers storage areas within the building. • The Quarry acknowledges the CUP approval criteria and will adhere to the use of the property as outlined in the CUP application along with the criteria outlined in Chapter 5 of the Monticello Zoning Ordinance. Additional Information: Parcel Ares: • 10.66 acres / 464,350 SF Building Area: • 57,450 SF Worship Area: • 8,415 SF with 500 max seats. • 500 seats / 4 seats per space = 125 parking stalls Office Area • 21,011 SF / 300 sf per space = 73 parking stalls Storage (or commercial) • 25,893 SF / 500 (or 200) = 52 parking stalls (or 129 parking stalls) Maximum stalls required = 327 parking stalls Total stalls available = 674 parking stalls • 347 extra stalls Thank you for your consideration. Sincerely, k" � , � S, "/"' Karl Sanders Executive Director Quarry Community Church 612- 209 -4951 I�J CL i Q cc .� 1 0 � , t N % ��, ; r • V • LU I^ 3 V O Z y i 4 -- r I I LF • f;. -� �,M°� J,-� Tyr ��� M1 h 7� _ F C d C1 J N N y C N N C ° '- N M'T N m m m m A F N F- q N G _ G H N N C 0 p a m N � z ° a Q) a z m o¢ Z N a M v= N c Q) Q C C i� C C C C �. LU m 0= J 1 = 1 1 1 V N 0 R V N y O N m o > N V N O ° y ° Vl m O r F N � C N ° 2 m 7 a m _ c fn R y N 3 w V N ° N N 0 y g a" U) ) LL Lcul 07 0 _! 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St. Germain St. Suite 308 St. Cloud, MN 56301 320.428.5824 www.larsonengr.com E, • • �f September 3, 2014 Shibani Bisson, PE WSB & Associates, Inc. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 RE: Traffic Information Quarry Community Church 3939 Chelsea Monticello, MN LEI Project No.: 12156000.000 Dear Shibani: Dean Wick asked me to look into the traffic projections for the above referenced project. The church will consist of approximately 47,000 sf with the potential seating capacity of 500. The area and seating is not expected to be fully utilized initially. The following numbers represent full utilization: Ouarry Community Church Average Daily Traffic (typical weekday): 383 Peak Hour Traffic (typical weekday): 24 Peak Hour Traffic (Sunday/Wednesday): 308 Please contact me with any questions. Thank you. Sincerely, Larson Engineering, Inc. Thomas J. Herkenhoff, P.E. Project Engineer therkenhoff@larsonengr.com uarr Y commurnty church Street signage (could be blue or black). This is an existing sign on Chelsea. The sign is 10' -0" wide x 10' -2" high x 17 1/4" thick (including base). W Partial view from 194 (5' -0" high x 28' -0" wide) View from 194 (5' -0" high x 28' -0" wide) dam^ - View from Chelsea Road (7' -6" wide x 6' -0" high) &d �000 uac aim oI..e IU.emF,e =� F e ,.= . e Ae 'I -N Ipl LS k`I J -1 ICI l�l I. eo off- y� /X ,e ter` 1 J y� /X ,e Planning Commission Agenda — 11/02/2015 2B. Public Hearing — Consideration of a request for an amendment to the Zoning Ordinance providing for Production Breweries, Brewery Taprooms, Brewpubs, Micro - Distilleries, and Cocktail Rooms in various zoning districts. Applicant: City of Monticello. (NAC) Planning Case Number: 2015 -044 A. REFERENCE & BACKGROUND Request(s): Proposed amendments to accommodate the development of craft beer and liquor establishments, and the proper location of such establishments in the various zoning districts of the City. Deadline for Decision: NA Land Use Designation: Varies Zoning Designation: Varies (See Analysis below) ANALYSIS The City has had inquiries over the past several months as to the possibility of establishing small breweries which would have the ability to sell their product "on- sale" to the public as a part of their production facility. The industry, which started initially with small beer brewers, has grown to include distilled spirits as well. The State has amended the statutes to accommodate these uses in local liquor licensing practice, dependent upon the interest of the local municipality. There are a variety of types of activities in this area that will require zoning changes if the City is to accommodate them. Prior to these changes, the most common traditional land uses included the following: • Production brewery or distillery_. These facilities brew beer or distill spirits solely for the purpose of packaging the product and distributing the packaged product to retailers for off -sale purchase by the public. These have traditionally been considered industrial uses, and located in industrial zoning districts. • Retail liquor stores. These facilities purchase packaged product from the distributor, and retail it off -sale to the public, in a closed package for consumption off the premises. The have most often been considered to be commercial ventures in business zoning districts. Bars and Restaurants. These facilities purchase packaged product from the distributor and sell it "on- sale" to the public, by the drink, for consumption on the premises. Planning Commission Agenda — 11/02/2015 These facilities are most commonly located in commercial areas with business zoning. Brew Pubs. A modified facility (known as a "Brew Pub" came to the scene some years ago, producing (usually) beer on the site, and serving it to customers by the drink, for consumption on the premises. No production for off -site sale is included in this use, however, the packaging of the beer in "growler" bottles for off -site consumption — usually a 64 ounce bottle, has been a routine component of this use. These facilities have most often been treated as bars and /or restaurants — despite the limited production aspect — and are typically located in areas with other commercial uses and zoning. Taprooms and Cocktail Rooms. The most recent change is the accommodation of "taprooms" (in the case of breweries) and "cocktail rooms" (in the case of micro - distilleries). These facilities are licensed as production breweries or distilleries (packaging for off - sale), often with limitations on total production capacity, but which also contain accessory facilities for serving the product by the drink on the production premises. Many taprooms and cocktail rooms include some level of food service, or work with local restaurants or food trucks to provide food service to the taproom patrons. For taprooms and cocktail rooms, the distinction between industrial use and commercial use becomes more blurred. Many facilities licensed and operating as taprooms sell all of their production through the taproom, and don't distribute for separate packaged retail sale — especially in the earlier years of their existence. The question for the City is two -fold. The first is how to license the facilities through the City's liquor licensing process. This is a City Council power, and is being addressed by the Council under the City's City Code (Chapter 3). The second is a zoning question — in which areas (and thus, zoning districts) should each of these newer facilities be allowed? Staff is proposing the following classifications: Definitions: (A) "Taproom" means a room that is ancillary to the production of beer at a production brewery where the public can purchase and /or consume only the beer produced on site. (B) "Wholesaler" means any person engaged in the business of selling alcoholic beverages to retail dealers. (C) "Wine" means the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, sherry and sake, in each instance 2 Planning Commission Agenda — 11/02/2015 containing not less than one half of one percent nor more than 24% alcohol by volume for nonindustrial use. (D) "Micro Distillery" means a distillery that produces 40,000 proof gallons of liquor or less annually. (E) "Brew Pub" means a restaurant - brewery that sells 85% or more of its beer on -site. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. Brewpubs may also sell beer for off -sale consumption in growler containers. (F) "Production Brewery" means a facility that manufactures, processes and warehouses beer for wholesale distribution in off -sale packages to retail liquor establishments and may retail beer product for on -site consumption in a taproom for off -site consumption as growlers. A production brewer may not have an ownership interest in a brewery licensed under Minnesota Statutes Section 43- A.409, Subd. 6, clause (d). (G) "Cocktail Room" means a room that is ancillary to the production of liquor at a production distillery where the public can purchase and /or consume only the liquor produced on site. (H) "Growler" means a 64 fluid ounce (1.89 liter) container of beer that is made available for purchase at the brewery where it's produced. Said container is available for off - sale consumption only. The use table would be modified to include the following provisions: The terms of the various uses would be noted by reference, and defined as follows: CCD Regulations 1. Brew Pubs provided that: a. The brew pub sells 85% or more of its beer on -site. 3 Production Production Brew Pub Restaurants Brewery or Brewery or (existing Distillery without Distillery with regulations) taproom accessory taproom CCD NA C P P B -3 NA C P P B -4 NA C P P IBC C C NA NA 1-1,1-2 P C NA NA The terms of the various uses would be noted by reference, and defined as follows: CCD Regulations 1. Brew Pubs provided that: a. The brew pub sells 85% or more of its beer on -site. 3 Planning Commission Agenda — 11/02/2015 b. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. c. Brewpubs may also sell beer for off -sale consumption in growler containers provided the conditions in Section 3 -18 -5 are met 2. Production Breweries and Micro - Distilleries, provided that: The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license of wholesale of malt liquor as an intended activity from the State of Minnesota, according to Minn. Statutes Section 340A.301. b. The Brewery or Distillery includes an accessory brewer's taproom or cocktail room for the on -sale of products produced on -site, and such room shall require the applicable license from the City of Monticello, according to City Code Section 3 -1 -13 c. On -site sale of beer in the form of growlers shall require a Brewery License for Off -Sale of Malt Liquor, according to City Code Section 3 -1 -13. Off -sale hours of sale must conform to hours of sale for retail off -sale licensees in the City of Monticello. d. Total production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off -sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off -sale malt liquor license. A micro - distillery may be issued a license for off -sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on -site, subject to the following requirements: Off -sale hours of sale must conform to hours of sale for retail off -sale licensees in the City of Monticello. ii. No brand may be sold at the micro - distillery unless it is also available for distribution by wholesalers. f. Total production of liquor may not exceed 40,000 proof gallons annually. Of the 40,000 proof gallon production limit, onsite cocktail retail sales shall not exceed 3,500 proof gallons annually, 500 proof gallons of which may be sold off -sale in 375 milliliter bottles. The distiller shall annually submit production reports with the request to renew a cocktail room or off -sale liquor license. M Planning Commission Agenda — 11/02/2015 g. The brewery facility provides adequate space for off - street loading and unloading of all trucks greater than twenty -two (22) feet in length. In the absence of off - street loading, the City may impose limits on deliveries or shipments using the public right ofways, including regulating the number of trucks per day and the hours that deliveries are permitted. h. Loading docks shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning. i. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning. No odors from the business may be perceptible beyond the property line. k The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment. The brewer must demonstrate the capacity for producing, processing and storing malt liquor on the commercial site through the provision of a building floor plan illustrating production, bottling, and storage areas. 1. All exterior lighting shall be compliant with Chapter 4.4 of the Monticello Zoning Code. B -3 and B -4, Business District Regulations 1. Brew Pubs (same conditions as CCD) 2. Production Breweries and Micro Distilleries with taprooms or cocktail rooms (same conditions as CCD) IBC, Industrial- Business Campus Regulations Production Breweries and Micro Distilleries with taprooms or cocktail rooms (same conditions as I -1 and (I -2) 2. The facility is located in an area that includes and /or serves commercial traffic. 3. The facility is not located within 500 feet of a residential zoning district. 5 Planning Commission Agenda — 11/02/2015 I -1 and I -2, Industrial District Regulations 3. Production Breweries, provided that: The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license of wholesale of malt liquor is an intended activity from the State of Minnesota, according to Minn. Statutes Section 340A.301. b. Total production of malt liquor may not exceed 250,000 barrels annually. Summary The materials above are representative of the language that would comprise an ordinance relating to the proposed uses. Staff's intent is to accommodate the growth of this relatively new type of land use, particularly as it can be a component of recreation and /or tourism - related commercial and economic development. The proposed language is similar to that found in other communities in the region, and should provide reasonable protections from land use conflicts that can result from the intermixing of these uses. B. ALTERNATIVE ACTIONS Motion to adopt Resolution No. PC- 2015 -018 recommending approval of Ordinance No. 626 for amendment to the Monticello Zoning Ordinance establishing regulations for Production Breweries, Brewery Taprooms, Brew Pubs, Micro - distilleries, and Cocktail Rooms. 2. Motion to deny adoption of Resolution No. PC- 2015 -018, based on findings to be made by the Commission. C. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. These newer land uses are becoming more popular, and as noted above, can serve as important components of the City's economic development programming. D. SUPPORTING DATA A. Resolution No. PC- 2015 -018 B. City Council agenda item 9/28/15 C. Monticello Zoning Ordinance, Excerpts M CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -018 RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 10 KNOWN AS THE MONTICELLO ZONING ORDINANCE AS RELATED TO PRODUCTION BREWERIES, BREWERY TAPROOMS, BREW PUBS, MICRO- DISTILLERIES, AND COCKTAIL ROOMS WHEREAS, the City finds that changes in state law and the brewery and distillery industry; and WHEREAS, facilitation of such uses have the potential to support and enhance the City's economic development efforts; and WHEREAS, the current city ordinances do not make adequate provision for such uses; and WHEREAS, the Planning Commission held a public hearing on November 2nd, 2015 on the application 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. Changes to the ordinance are necessary to accommodate the proposed land uses. 2. Accommodating the proposed uses is consistent with the City's economic development goals for new business and tourism and recreation activities. 3. The proposed amendments comprise a reasonable opportunity for these uses to locate in appropriate districts in the City. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the proposed amendments to the zoning ordinance. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -018 ADOPTED this 2 "d day of November, 2015, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION R-A ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 City Council Agenda: 09/28/15 2I. Consideration of adopting Ordinance #625 amending city liquor ordinances by amending Sunday on -sale intoxicating liquor hours, adding Section 3 -1 -13: Brew Pubs, Brewer Taprooms and Microdistilleries, and amending the Fee Schedule (JS /AS) A. REFERENCE AND BACKGROUND: City Council is asked to adopt an ordinance which provides for changes to the City's current liquor ordinance. There are three amendments for consideration: 1) Sale of Sunday on -sale liquor; 2) The addition of section 3 -1 -13: Brew Pubs, Brewer Taproom and Microdistilleries; and 3) Amendment to the Fee Schedule. This first ordinance amendment is amending Section 3, Chapter 1 — Beer; Section 3 Chapter 2 — Liquor; Section 3, Chapter 4 — Liquor by the Drink; and Section 3, Chapter 11 — On Sale Wine License. This amendment is being prompted by recent changes to Minnesota Statutes relating to times when intoxicating liquor may be sold on Sundays. Currently, Monticello's Liquor Ordinance for Sunday on -sales of intoxicating liquor cannot begin until 10 a.m. The omnibus tax bill of 2015 gives cities the authority to extend hours for these sales so that they begin at 8 a.m. There has been support from some local establishments for this change. The second ordinance amendment is the addition of Section 3 -1 -13: Brew Pubs, Brewer Taproom and Microdistilleries. In 2011, Minnesota Statutes §340A.301 was amended to add a brewer taproom license. The amendment made it legal for smaller brewers (those that produces not more than 250,000 barrels of malt liquor annually) to sell their beer for consumption on the brewery site. (Note that one barrel equals 31 gallons). In addition, State Statue was also amended in 2015 to allow for the Sunday sale of growlers. A copy of the state law that applies is attached. Our current intoxicating liquor ordinance does not contemplate these types of establishments. City staff consulted with City Attorney Joel Jamnik regarding the proposed amendment relating to brew pubs, taprooms and distilleries and the recommended changes in the document follow State Statute. To better understand each of these establishments: • Brew Pub is a brewer who also holds one or more retail on -sale license and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off -sale from those premises. • Taproom is a brewer (licensed by State) who sells for consumption malt liquor they produce on their premises. A brewer cannot brew more than 250,000 barrels of malt liquor annually. • Microdistillery is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. City Council Agenda: 09/28/15 Some areas of consideration for the City Council: • The language drafted would allow but not require growler licenses for taprooms or brewpubs. It is up to the City Council on whether establishments are allowed an off -sale license. In addition, in 2015 the statute was amended to allow growler sales on Sundays. A growler is a 64 -ounce container of malt liquor. • The Zoning Ordinance will need to be updated to allow for such establishments. The third amendment is an amendment to Chapter 20, Section 1 by adding the licenses to the fee schedule. There were three license fees added: the Brew -Pub Off -sale; the Taproom; and the Microdistillery. (See attached document). Amendments have been prepared for the affected ordinance sections. Please refer to supporting data for the proposed amendments. It should be noted that these ordinance amendments, once approved, will go into effect on the date they are published in the official newspaper. Al. Budget Impact: There will be minimal cost for publishing the summary ordinance amendments. A2. Staff Workload Impact: Staff time to prepare and update the City Ordinances. B. ALTERNATIVE ACTIONS: Approve Ordinance 9625 (three amendments) in separate motions: A. Motion to adopt amendment 1 - Section 3.1, 3.2, 3.4, 3.11 to change Sunday on -sales of intoxicating liquor to begin at 8 a.m. B. Motion to adopt amendment 2 - to add Section 3.1.13 Brew Pubs, Brewer Taproom and Microdistilleries. C. Motion to adopt amendment 3 — Amendment to the fee schedule. 2. Deny Ordinance 9625 amendments in separate motions: A. Deny amendment 1 to change Sunday on -sales of intoxicating liquor to begin 8 a.m. B. Deny amendment 2 to add Brew Pubs, Brewer Taprooms, and Microdistrilleries. C. Deny amendment 3 — amendment to fee schedule. City staff recommends Alternative #1 to adopt Ordinance 9625 amending Section 3. 1, 3.2, 3.4, 3.11 to change Sunday on -sales of intoxicating liquor to begin at 8 a.m. and adding Section 3.1.13 Brew Pubs, Taproom and Microdistilleries, and amending Chapter 20, Section 1 by adding to the fee schedule. D. SUPPORTING DATA: • Draft Ordinance 625 City Council Agenda: 09/28/15 • Fee Schedule • State Statues §340A301 ORDINANCE 625 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA ORDINANCE AMENDING CITY LIQUOR ORDINANCES BY AMENDING THE FOLLOWING: • SUNDAY ON -SALE INTOXICATING LIQUOR HOURS; • ADDING SECTION 3.1.13: BREW PUBS, BREWER TAPROOM AND MICRODISTILLERIES • FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF MONTICELL0, MINNESOTA HEREBY ORDAINS. L Chapter 3, Section 1(9), Beer — Days and Hours of Sale is hereby amended as follows: No sale of 3.2 percent malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday inclusive, nor between 2:00 a.m. and 8:00 a.m. on Sundays. An establishment serving 3.2 percent malt liquor on Sundays must obtain a Sunday license from the City. Chapter 3, Section 2 (9) (B), Liquor — Days and Hours of Sale is hereby amended as follows: No sale of intoxicating liquor for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. on Monday through Saturday inclusive, or between 2:00 a.m. and 8:00 a.m. on Sundays. Chapter 3, Section 4 (5) (B), Liquor by the Drink — Days and Hours of Sale is hereby amended as follows: No sale of intoxicating liquor by the drink for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. on Sundays. Chapter 3, Section 11 (10) (A), On -Sale Wine License — Days and Hours of Sale is hereby amended as follows: No sale of wine under this license shall be made on the premises between the hours of 2:00 a.m. and 8:00 a.m., Monday through Saturday inclusive, or on any Sunday between the hours of 2:00 a.m. and 8:00 a.m. II. Chapter 3, Section 1, Beer is hereby amended to add the following: 3.1.13: Brew Pub, Brewer Taproom or Microdistillery License 1) A brew pub, brewer taproom, or microdistillery as defined and made eligible under state law may be issued on -sale and off -sale licenses subject to the terms and conditions established by state law and this Code, and to any limitations imposed by the Council. 2) The license issued by the City must specify whether off -sale is permitted, the hours of operation, whether Sunday sales are permitted and other conditions. The fees established by ordinance may reflect various license options authorized by law. III Chapter 20, Section 1, Fee Schedule — Liquor Licenses is hereby amended to add the following: Brew Pub Off -Sale $200 Taproom $500 Microdistillery $500 ADOPTED BY the Monticello City Council the 281h day of September, 2015. Brian Stumpf, Mayor ATTEST: Jeff O'Neill, Administrator AYES: NAYS: Liquor Administrative Fines: First violation Second violation, within 2 years Third violation, within 2 years Liquor Licenses: 1 -Day Consumption & Display Temporary On -Sale (Beer) Wine, On -Sale Wine /Strong Beer Comb. On -Sale Wine /3.2 Beer Com. On -Sale 3.2 Beer, On -Sale 3.2 Beer, Off -Sale Liquor, On -Sale Liquor, Sunday Sales Liquor, Setups Liquor,Ciub (Veteran's Org). Membership 200 or less 201 -500 501 -1000 1001 -2000 2001 -4000 Over 4000 Brew - Pub Off -Sale Taproom Microdistrilleries Monticello Fee Schedule - 2015 $500 $1,000 $2,000 (no mandatory revocation of license) $25 $10 /day $275 /per year $1,200 /per year $500 /per year $275 /year $100 /per year $3,750 /per year $200 (Statutory limit) $250 /year $300 (Statutory limit) $500 (Statutory limit) $650 (Statutory limit) $800 (Statutory limit) $1,000 (Statutory limit) $2,000 (Statutory limit) $200 $500 $500 MINNESOTA STATUTES 2015 340A.22 Subd. 27. Table or sparkling wine. "Table or sparkling wine" is a beverage made without rectification or fortification and containing not more than 25 percent of alcohol by volume and made by the fermentation of grapes, grape juice, other fruits, or honey. Subd. 27a. Theater. "Theater" means a building containing an auditorium in which live dramatic, musical, dance, or literary performances are regularly presented to holders of tickets for those performances. Subd. 28. Wholesaler. "Wholesaler" is aperson who sells alcoholic beverages to persons to whom sale is permitted under section 340A.310, from a stock maintained in a warehouse in the state. Subd. 29. Wine. "Wine" is the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as.wine, vermouth, cider, perry and sake, in each instance containing not less than one -half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as defined in subdivision 9. Subd. 30. MS 2008 [Renumbered subd I Oa] History: 1985 c 117 s 3; 1985 c 305 art 3 s 1; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; 1987 c 381 s 2; 1988 c 443 s 1; 1990 c 554 s 2,3; 1991 c 249 s 31; 1992 c 486 s 5,6; 1993 c 350 s 4 -6; 1994 c 611 s 6; 1995 c 198 s 1 -3; 2000 c 440 s 2; 2003 c 726 s 1; 2006 c 210 s 1,2; 2009 c 120 s 1; 2011 c55s1,2; 2014 c 240 s 3,4; 2015c9 art I s DEPARTMENT OF PUBLIC SAFETY 340A.201 LIQUOR CONTROL AUTHORITY. Subdivision 1.1976 successor. The commissioner of public safety is the successor to the commissioner of liquor control with respect to the powers and duties vested in the latter as of February 6, 1976, except for those powers and duties transferred to the commissioner of revenue. Any proceeding, court action, prosecution, or other business undertaken or commenced as of February 6, 1976, by the commissioner of liquor control is assigned to the commissioners of public safety and revenue as appropriate and may be completed by them. Subd. 2. Delegation; 1996 consolidation; division director. Effective October 1, 1996, the duties and powers vested previously in the commissioner of public safety and delegated to the department's Division of Liquor Control are delegated and transferred to, and consolidated with, the Division of Alcohol and Gambling Enforcement of the Department of Public Safety, under the supervision of a director appointed by the commissioner and serving in the unclassified service at the pleasure of the commissioner. History: 1985 c 305 art 4 s 1; 1987 c 152 art I s 1; 1997 c 129 art 2 s 13 MANUFACTURERS, WHOLESALERS, IMPORTERS 340A.22 MICRODISTILLERIES. Subdivision 1. Activities. (a) A microdistillery licensed under this chapter may provide on its premises samples of distilled spirits manufactured on its premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sampled under this paragraph by any person on any day. (b) A microdistillery can sell cocktails to the public, pursuant to subdivision 2. Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 340A.22 MINNESOTA STATUTES 2015 6 Subd. 2. Cocktail room license. (a) A municipality, including g-a city with a municipal liquor store, may issue the holder of a microdistillery license under this chapter a microdistillery cocktail room license. A microdistillery cocktail room license authorizes on -sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. Nothing in this subdivision precludes the holder of a microdistillery cocktail room license from also holding a license to operate a restaurant at the distillery. Section 340A.409 shall apply to a license issued under this subdivision. All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this subdivision unless the provision is explicitly inconsistent with this subdivision. (b) A distiller may only have one cocktail room license under this subdivision, and may not have an ownership interest in a distillery licensed under section 340A.301, subdivision 6, paragraph (a). (c) The municipality shall impose a licensing fee on a distiller holding a microdistillery cocktail room license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 2, paragraph (a). (d) A municipality shall, within ten days of the issuance of a license under this subdivision, inform the commissioner of the licensee's name and address and trade name, and the effective date and expiration date of the license. The municipality shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period. (e) No single entity may hold both a cocktail room and taproom license, and a cocktail room and taproom may not be co- located. Subd. 3. License; fee. The commissioner shall establish a fee for licensing microdistilleries that ad- equately covers the cost of issuing the Iicense and other inspection requirements. The fees shall be deposited in an account in the special revenue fund and are appropriated to the commissioner for the purposes of this subdivision. All other requirements of section 340A.301 apply to a license under this section. Subd. 4. Off-sale license. A microdistillery may be issued a license by the local licensing authority for off -sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on -site, subject to the following requirements: (1) off -sale hours of sale must conform to hours of sale for retail off -sale licensees in the licensing municipality; and (2) no brand may be sold at the microdistillery unless it is also available for distribution by wholesalers. History: 2014 c 240 s 5; 2015 c 9 art I s 2; art 2 s I 340A.24 BREW PUBS. Subdivision 1. On-sale license. A brew pub may be issued an on -sale intoxicating liquor or 3.2 percent malt liquor license by a municipality for a restaurant operated in the place of manufacture. Subd. 2. Off -sale license. Notwithstanding section 340A.405, a brew pub that holds an on -sale license issued pursuant to this section may, with the approval of the commissioner, be issued a license by a mu- nicipality for off -sale of malt liquor produced and packaged on the licensed premises. Off -sale of malt liquor shall be limited to the legal hours for off -sale at exclusive liquor stores in the jurisdiction in which the brew Copyright C 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 340A.26 pub is located, and the malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off - sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt Iiquor for off -sale under this subdivision must comply with section 340A.285. Subd. 3. Total retail sales. A brew pub's total retail sales at on- or off -sale under this section may not exceed 3,500 barrels per year, provided that off -sales may not total more than 500 barrels. Subd. 4. Interest in other license. (a) A brew pub may hold or have an interest in other retail on -sale licenses, but may not have an ownership interest in whole or in part, or be an officer, director, agent, or employee of, any other manufacturer, brewer, importer, or wholesaler, or be an affiliate thereof whether the affiliation is corporate or by management, direction, or control. (b) Notwithstanding this prohibition, a brew pub may be an affiliate or subsidiary company of a brewer licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor is: (1) manufacture licensed under section 340A.301, subdivision 6, clause (d); (2) manufacture in another state for consumption exclusively in a restaurant located in the place of manufacture; or (3) manufacture in another state for consumption primarily in a restaurant located in or immediately adjacent to the place of manufacture if the brewer was licensed under section 340A.301, subdivision 6, clause (d), on January 1, 1995. Subd. 5. Prohibition. A brew pub licensed under this chapter may not be Iicensed as an importer under section 340A.302. History: 2015 c 9 art i s 3,8; art 2 s 3 340,0,26 BREWER TAPROOMS. Subdivision 1. Brewer taproom license. (a) A municipality, including a city with a municipal liquor store, may issue the holder of a brewer's license under section 340A.301, subdivision 6, clause (c), (i), or 0), a brewer taproom license. A brewer taproom license authorizes on -sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. Nothing in this subdivision precludes the holder of a brewer taproom license from also holding a license to operate a restaurant at the brewery. Section 340A.409 shall apply to a license issued under this subdivision. All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this subdivision unless the provision is explicitly inconsistent with this subdivision. (b) A brewer may only have one taproom license under this subdivision, and may not have an ownership interest in a brew pub. Subd. 2. Prohibition. A municipality may not issue a brewer taproom license to a brewer if the brewer seeking the license, or any person having'an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Copyright 0 2015 by the Revisor of statutes, State of Minnesota. All Rights Reserved. 340A.26 MINNESOTA STATUTES 2015 Subd. 3. Fee. The municipality shall impose a licensing fee on a brewer holding a brewer taproom license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 2, paragraph (a). Subd. 4. Municipality to inform commissioner. A municipality shall, within ten days of the issuance of a license under this subdivision, inform the commissioner of the licensee's name and address and trade name, and the effective date and expiration date of the license. The municipality shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period. Subd. 5. Sunday on -sale. Notwithstanding section 340A.504, subdivision 3, a taproom may be open and may conduct on -sale business on Sundays if authorized by the municipality. History: 2015 c 9 art l s 4 340A.28 SMALL BREWER OFF -SALE. Subdivision 1. License; limitations. A brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or 0), may be issued a license by a municipality for off -sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the commissioner. A brewer may only have one license under this subdivision. The amount of malt liquor sold at off -sale may not exceed 500 barrels annually. Off -sale of malt liquor shall be limited to the legal hours for off -sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt Iiquor sold off -sale must be removed from the premises before the applicable off -sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off -sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt liquor for off -sale under this subdivision must comply with section 340A.285. Subd. 2. Prohibition. A municipality may not issue a license under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the. brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Subd. 3. Fee. The municipality shall impose a licensing fee on a brewer holding a license under this sub- division, subject to limitations applicable to license fees under section 340A.408, subdivision 3, paragraph (a). History: 2015 c 9 art I s 5,8; art 2 s 2 340A.285 GROWLERS. (a) Malt liquor authorized for off -sale pursuant to section 340A.24 or 340A.28 shall be packaged in 64- ounce containers commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist -type closure, cork, stopper, or plug. At the time of sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist -type closure, cork, stopper, or plug forming a seal that must be broken upon opening the container or bottle. The adhesive band, strip, or sleeve shall bear the-name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brew pub or brewer selling the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2015 340A.301 (b) A brew pub or brewer may, but is not required to, refill any container or bottle with malt liquor for off -sale at the request of the customer. A brew pub or brewer refilling a container or bottle must do so ^ at its licensed premises and the container or bottle must be filled at the tap at the time of sale. A container or bottle refilled under this paragraph must be sealed and labeled in the manner described in paragraph (a). History: 2013 c 9 art I s 6 340A.301 MANUFACTURERS, BREWERS, AND WHOLESALERS LICENSES. Subdivision 1. Licenses required. No person may directly or indirectly manufacture or sell at wholesale intoxicating liquor, or 3.2 percent malt liquor without obtaining an appropriate license from the com- missioner, except where otherwise provided in this chapter. A manufacturer's license includes the right to import. A licensed brewer may sell the brewer's products at wholesale only if the brewer has been issued a wholesaler's license. The commissioner shall issue a wholesaler's license to a brewer only if (1) the com- missioner determines that the brewer was selling the brewer's own products at wholesale in Minnesota on January 1, 1991, or (2) the brewer has acquired a wholesaler's business or assets under subdivision 9, paragraph (c) or (d). A licensed wholesaler of intoxicating malt liquor may sell 3.2 percent malt liquor at wholesale without an additional license. Subd. 2. Persons eligible. (a) Licenses under this section may be issued only to a person who: (1) is of good moral character and repute; (2) is 21 years of age or older; (3) has not had a license issued under this chapter revoked within five years of the elate of license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; and (4) has not been convicted within five years of the date of license application of a felony, or of a willful violation of a federal or state law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints be taken and may forward the fingerprints to the Federal Bureau of Inves- tigation for purposes of a criminal history check. (b) In order to determine if an individual has a felony or willful violation of federal or state law governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at wholesale must provide the commissioner with their signed, written informed consent to conduct a background check. The commissioner may query the Minnesota criminal history repository for records on the applicant. If the commissioner conducts a national criminal history record check, the commissioner must obtain fingerprints from the applicant and forward them and the required fee to the superintendent of the Bureau of Criminal Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal history record information. The superintendent shall return the results of the national criminal history records check to the commissioner for the purpose of determining if the applicant is qualified to receive a license. Subd. 3. Application. An application for a license under this section must be made to the commissioner on a form the commissioner prescribes and must be accompanied by the fee specified in subdivision 6. Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 340A.301 MINNESOTA STATUTES 2015 10 If an application is denied, $100 of the amount of any fee exceeding that amount shall be retained by the commissioner to cover costs of investigation. Subd. 4. Bond. The commissioner may not issue a license under this section to a person who has not filed a bond with corporate surety, or cash, or United States government bonds payable to the state. The proof of financial responsibility must be approved by the commissioner before the license is issued. The bond must be conditioned on the licensee obeying all laws governing the business and paying when due all taxes, fees, penalties and other charges, and must provide that it is forfeited to the state on a violation of law. This subdivision does not apply to a Minnesota farm winery, licensed under section 340A.315, that is in existence as of January 1, 2010. Bonds must be in the following amounts: Manufacturers and wholesalers of intoxicating liquor except as provided in this subdivision $ 10,000 Manufacturers and wholesalers of wine up to 25 percent alcohoI by weight $ 5,000 Manufacturers and wholesalers of beer of more than 3.2 percent alcohol by weight $ 1,000 Manufacturers and wholesalers of fewer than 20,000 proof gallons $ 2,000 Manufacturers and wholesalers of 20,000 to 40,000 proof gallons $ 3,000 Subd. 5. Period of license. Licenses issued under this section are valid for one year except that to coordinate expiration dates initial licenses may be issued for a shorter period. Subd. 6. Fees. The annual fees for licenses under this section are as follows: (a)Manufacturers (except as provided in clauses (b) and (c)) $ 30,000 Duplicates $ 3,000 (b)Manufacturers of wines of not more than 25 percent alcohol by $ 500 volume (c)Brewers who manufacture more than 3,500 barrels of malt liquor $ 4,000 in a year (d)Brew pubs. A brew pub licensed under this clause must obtain a $ 500 separate license for each licensed premises where the brew pub produces malt liquor (e)Wholesalers (except as provided in clauses (f), (g), and (h)) $ 15,000 Duplicates $ 3,000 (f)Wholesalers of wines of not more than 25 percent alcohol by $ 3,750 volume (g)Wbolesalers of intoxicating malt liquor $ 1,000 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure 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 'T" 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. City of Monticello Zoning Ordinance Page 3 15 CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure (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. City of Monticello Zoning Ordinance TABLE 5 -1: USES BY DISTRICT Use Types Base Zoning Districts "P" = Permitted "C" = Conditionally Additional A R R R T R R M B B B B C B I I Permitted "I" = Interim Permitted Requirements O A 1 2 N 3 4 H 1 2 3 4 D C 1 2 Agricultural Uses rllaaa� Agricultural Sales 10001001MISFEFE ■ Community Gardens 1900000090000 ■ City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5- 1: USES BY DISTRICT (cont.) Use Types Base Zoning Districts Conditionally Additional Permitted • "I" = Interim Permitted . Residential Uses 5.2(C)(1) Attached Dwelling Types 5.2(C)(2)(a) - Duplex p C 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 P P P P P 5.2(C)(3) Facility, Single Family Group Residential C C C 5.2(C)(3) Facility, Multi- Family Mobile & Manufactured C C C P C 5.2(C)(4) Home / Home Park Civic & Institutional Uses Active Park Facilities P P P P P P P P P P P p p p p None (public) Active Park Facilities P P P P P P P 5.2(D)(1) (private) 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 C C C C C C C C C P P 5.2(D)(5) Home Passenger Terminal C C C C None Passive Parks and Open P P P P P P P P P P P P p p p None Space Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(Dl(61 Schools, K -12 C C C C C C I I 5.2(D)(7) Schools, Higher None Education C 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 1.2(E) City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5-1: USES BY DISTRICT (cont.) Use Types Base Zoning Conditionally Permitted • "I" = Interim Permitted Commercial Uses Districts Additional . Adult Uses P P 3J(Kl Auction House C 5.2(Fl (21 Auto Repair — Minor C C P P 5.2(Fl(31 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 (Fl (61 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(Fl (81 Convenience Retail C P P P 5.2(Fl(9l Country Club C 5.2(F�(10) Day Care Centers C C P P C 5.2(F)(I 1) Entertain ment/Recreation, Indoor Commercial P C C C 5.2(F)(12) Entertain ment/Recreation, Outdoor Commercial C C C C 5.20(13) Financial Institution P C P 5.20(14) Funeral Services P P 5.20(15) Kennels (commercial) C 5.20(16) Landscaping/ Nursery Business P 5 20(17) Personal Services C P P P P P 5.20(21) Recreational Vehicle Camp Site C C 5.20(23) Repair Establishment C P P 5.20(24) Restaurants C P P 5.20(25) Retail Commercial Uses (other) P P P 5.2(F)(20 Specialty Eating Establishments C P P P 5.20(27) Vehicle Fuel Sales C C C 5.20(28) Vehicle Sales and Rental C C 5.20(29) Veterinary Facilities (Rural) C 5.20(30) Veterinary Facilities (Neighborhood) C C C 5.20(30) Wholesale Sales P P P None Page 3 18 :ity of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5-1: USES BY DISTRICT (cont.) COMMUNITY Use Types Use Types Base Zoning Districts Conditionally "P" = Permitted Conditionally . Additional Permitted • "I" = Interim Permitted . Industrial Uses F-1 "I" = Interim Permitted Commercial Day Care C F-2 C Auto Repair — Major L C none I 5.2(F(I I� Commercial Lodging P P C none 5.2(F)(7) C C P P P P 5.2(G)(1) Bulk Fuel Sales and CUP upper floors Commercial Recreation: Indoor P P C C none 5.2(F(12� P P Storage C none 5.20(13). Outdoor Convenience Retail C P* C C *F -2 Drive Through by CUP 5.2(Gl(21 Contractor's Yard, C C none 5.2(F 15� I I 5.2(G)(3) Temporary Extraction of Materials I I I 5.2(G1(41 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 P P & Sales 5.2(G)(9) Recycling and Salvage C C Center 5.2(G (10� Self- Storage Facilities P C P 5.2(G (1 1 Truck or Freight Terminal C P P 5.2(G(1 2� Waste Disposal & C Incineration 5.2(G 13� Wrecker Services C P 5.2(G 14� TABLE 5- 1 A: CENTRAL COMMUNITY Use Types Sub-Districts "P" = Permitted Conditionally . Exceptions Additional Requirements F-1 "I" = Interim Permitted Commercial Day Care C F-2 C F-3 C L C none I 5.2(F(I I� Commercial Lodging P P C none 5.2(F)(7) Commercial Offices — Principal C P P C L -2: NA first floor, 5.2(F) (1 9) CUP upper floors Commercial Recreation: Indoor P P C C none 5.2(F(12� Commercial Recreation: C C none 5.20(13). Outdoor 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� City of Monticello Zoning Ordinance Page 3 19 CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5- 1 A: CENTRAL COMMUNITY Use Types "P" = Permitted Conditionally . "I" Interim Permitted Medical / Clinical Services F-1 C Sub-Districts F-2 P F-3 P L P Exceptions L -2: NA first floor, CUP upper floors Additional Requirements 5 2(F)( 8) Personal Services P P P P L -3: CUP 5.20(21 Places of Public Assembly C C C C none 5.20(22 Professional Office - Services Including Financial Institutions P P P C L -2: NA first floor, CUP upper floors 5.20(14) 5.20(20 Restaurants, Bars < 10,000 SF P P C C none 5.20(25 Restaurants, Bars > 10,000 SF P C C none 5.20(25 Retail Sales < 10,000 SF P P C C none 5.20(26 Retail Sales > 10,000 SF P C C none 5.20(26 Retail with Service P C C L -2: NA first floor, CUP upper floors 5.2(F)(26) Specialty Eating Establishments < 109000 SF P* P* C* P* *Drive Through by CUP 5.20(27) Vehicle Fuel Sales C C C 5.20(28 Veterinary Facilities C P C C none 5.20(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 Page 320 City of Monticello Zoning Ordinance Planning Commission Agenda — 11/02/15 2C. Public Hearing — Consideration of Amendment to the Monticello Zoning Ordinance Chapter 2, Section 4(0), as related to Planned Unit Developments, Chapter 4, Section 13 as related to co- location facilities for wireless antenna and Chapter 8, Section 4 for definitions. Applicant: City of Monticello (AS) Planning Case Number: 2015 -046 A. REFERENCE & BACKGROUND Request(s): Amendments to the text of the Monticello Zoning Ordinance Deadline for Decision: N/A Land Use Designation: Various Zoning Designation: Various ANALYSIS The Planning Commission is asked to consider recommending approval amendments to the Monticello Zoning Ordinance as related to the following code sections. • Chapter 2, Section 4(0), as related to Planned Unit Developments o Addition of language related to development costs of planned unit developments and requirement for utility plans • Chapter 4, Section 13 as related to co- location facilities for wireless antenna o Deletion of language relating to FiberNet colocation facility requirements • Chapter 8, Section 4 for Definitions o Addition of definition for "Diameter Breast Height" Chapter 2, Section 4(0), as related to Planned Unit Developments The proposed amendment would provide clarity related to the requirement that similar to subdivision developments, any planned unit development is considered to be development of property and is therefore responsible for all applicable charges relating to development. These include, but are not limited to trunk area charges, sewer and water access charges, and transportation and road expansion or extension costs. Planning Commission Agenda — 11/02/15 2.4(0)(7) Expectation of Development Seeking a Rezoning to PUD (i) Planned unit development shall be considered a developed use of property and shall provide for the financial costs of such development including, but not limited to, trunk area utility charges; sewer and water access charges; roadway and other transportation infrastructure corridors, extensions and expansions; and other applicable infrastructure charges. 2.4(0)(9)(b)(iii) PUD Development Stage, Preliminary Plat, and Rezoning — Application The following items shall be added as application submittal requirements. 24. Utility plan for municipal services including water, sanitary sewer and storm water, completed by a registered civil engineer. 25. A written statement generally describing the applicant's understanding of the financial requirements for the development of the PUD in accordance with the City's specifications for streets, utilities, and installation of such improvements, and the financial guarantees for the completion of such improvements. Planning Commission will note that existing PUD ordinance language further requires a development agreement to be executed for the noted financial requirements in the "PUD Final Plat" section, 2.4(0)(9)(c)(iii). Chapter 4, Section 13 as related to co- location facilities for wireless antenna 4.13(F)(6)(e) Design and Construction (iv) Antenna support structures located within 1000' feet of the FiberNet Monticello Co- Location Building shall be required to locate all transmitting, receiving and switching equipment within the FiberNet Monticello Co- Location. The original intent of this provision was to reduce the number of huts or cabinets which may be developed in association with wireless communication equipment placed on the City water tower site along School Boulevard. However, as the City has learned more about the technology housed with the FiberNet Monticello's co- location building, the installation of wireless provider transmitting, receiving and switching equipment within the FNM building is no longer desired as a required condition. Potential issues with interference, security, and technology conflicts may arise between differing uses within the building if this requirement were to remain in place. The City is currently researching the potential for allowing wireless antenna on the water tower. Therefore, it is important to delete this requirement to avoid the potential technology conflicts, and to avoid triggering an unnecessary variance requirement. Chapter 8, Section 4 for Definitions Planning Commission Agenda — 11/02/15 In 2014, the City of Monticello addressed an appeal of an administrative determination on the size of a tree measured at diameter breast height. In working through the appeal process, it was noted that the City had no definition of "diameter breast height ", although the Tree Protection ordinance, Chapter 4.2 of the Zoning Ordinance, bases protection of "Specimen Trees" upon such measurement. As such, staff is recommending at this time that the City consider adoption of an amendment to the Definitions section of the Zoning Ordinance to include a definition and abbreviation reference. Below is the suggested definition and abbreviation. DIAMETER BREAST HEIGHT (DBH): The measurement of a tree at 4.5 feet above the ground line, measured in accordance with the United States Department of Agriculture National Code Field Guide, Version 7.0, or as may be amended, for Diameter Breast Height. The base measurement of DBH at 4.5 feet is consistent with multiple sources for measurement of diameter at breast height and is further supported by the reference to the USDA Field Guide, which may be used in cases where tree shape or character requires further clarification on measurement practice. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of Ordinance No. 627 for Amendment to the Monticello Zoning Ordinance Chapter 2, Section 4(0), as related to Planned Unit Developments, Chapter 4, Section 13 as related to co- location facilities for wireless antenna and Chapter 8, Section 4 for definitions, based on a finding that amendments to Chapter 2.4 and 8.4 are necessary to provide clarity within the ordinance and its application, and that amendment to Chapter 4.13 addresses ordinance language which cannot be implemented in development practice. 2. Motion to recommend denial of Ordinance No. 627 for Amendment to the Monticello Zoning Ordinance Chapter 2, Section 4(0), as related to Planned Unit Developments, Chapter 4, Section 13 as related to co- location facilities for wireless antenna and Chapter 8, Section 4 for definitions, based on findings to be made by the Planning Commission. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends adoption of the amendments, based on a finding that amendments to Chapter 2.4 and 8.4 as proposed are necessary to provide clarity within the ordinance and its application, and that the proposed amendment to Chapter 4.13 addresses ordinance language which cannot be implemented in development practice. Planning Commission Agenda — 11/02/15 D. SUPPORTING DATA A. Chapter 2, Section 4 — Planned Unit Developments, excerpt B. Chapter 4, Section 13 — Telecommunication Towers and Antennas, excerpt C. Chapter 8, Section 4 — Definitions, excerpt D. USDA National Core Field Guide, Version 7.0, excerpt 0 PLANNED UNIT DEVELOPMENT (Staff' applicab] Commissions & Council) (Staff, applicable Commissions & Council) g CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (10) Unauthorized Work Work done without the authorization of a permit and /or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in Section 7.6 of this ordinance. Driveways or parking lots being built out of conformance shall be brought into conformance. (11) Appeal The applicant for a Grading Permit my appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). (0) Planned Unit Developments (1) Purpose and Intent The purpose of the Planned Unit Development (PUD) zoning district is to provide greater flexibility in the development of neighborhoods and non - residential areas in order to maximize public values and achieve more creative development outcomes while remaining economically viable and marketable. This is achieved by undertaking a process that results in a development outcome exceeding that which is typically achievable through the conventional zoning district. The City reserves the right to deny the PUD rezoning and direct the developer to re -apply under the standard applicable zoning district. (2) Initiation of Proceedings Applications for a PUD shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (3) Reflection on the Official Zoning Map (a) PUD provisions provide an optional method of regulating land use which permits flexibility in allowed uses and other regulating provisions. In some circumstances, however, rules and regulations governing the original zoning district, or other zoning regulations found elsewhere in the City's ordinances, may be appropriate to apply within the PUD. As such, approval of a Planned Unit Development and execution of a PUD agreement shall require the property in question be rezoned to PUD. For each PUD District, a specific ordinance shall be adopted, along with a tracking designation for use on the official zoning map to distinguish it from other PUD districts and identify the adopted ordinance in the City Code. Once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is City of Monticello Zoning Ordinance Page 61 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments not in conformance with the approved PUD Plan, the current Minnesota State Building Code and all associated documents, and with all other applicable City Code provisions. (b) All PUD rezonings approved prior to the effective date of this ordinance shall retain their zoning classifications of R -PUD, and shall continue to be governed by the ordinance and resolutions which created these areas. (c) All PUDs previously granted by Conditional Use Permit shall continue to be regulated under the terms of the CUP. (4) Permitted Locations for PUD rezoning A rezoning to PUD may be requested for any area regardless of current zoning. (5) PUD Qualifications Rezonings to PUD will be considered only for areas of land in single ownership or control, except in the following circumstances: (a) Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features; (b) The land is intended to be developed in accordance with a prior PUD adjacent to or across the street from the subject property; (c) The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses. (d) Multiple party ownership is adequately secured through a corporation, partnership, or other legal entity that will ensure the ability to fulfill all of the obligations of the PUD process, including approvals, development, and securities. (6) Permitted Uses Within PUDs Uses within a PUD shall be governed by the ordinance establishing the PUD and by the conditions, if any, imposed by the City in the approval process and PUD documents. Page 62 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (7) Expectations of a Development Seeking a Rezoning to PUD Planned Unit Development is designed to allow flexibility from the application of standard zoning regulations to achieve a variety of public values that will be identified for each specific PUD project. The following list represents examples of public values that may be applicable to any individual PUD project, but is not necessarily inclusive, nor are all examples applicable to all projects: (a) Ensure high quality construction standards and the use of high quality construction materials; (b) Promote a variety of housing styles which include features such as side or rear loaded garages, front porches, varying roof pitches, and four sided architecture /articulation; (c) Eliminate repetition of similar housing types by encouraging a housing mixture that diversifies the architectural qualities of a neighborhood; (d) Promote aesthetically - pleasing design within the neighborhood and appears attractive and inviting from surrounding parcels; (e) Incorporate extensive landscaping and site amenities in excess of what is required by code; (f) Provide high - quality park, open space, and trail opportunities that exceed the expectations established in the Comprehensive Plan; (g) Provide access to a convenient and efficient multi -modal transportation system to service the daily needs of residents at peak and non -peak use levels, with high connectivity to the larger community. (h) Promote development that is designed to reduce initial infrastructure costs and long -term maintenance and operational costs; (i) Where applicable, maximize the use of ecologically -based approaches to stormwater management, restore or enhance on -site ecological systems, and protect off -site ecological systems including the application of Low Impact Development (LID) practices; (j) Facilitate a complementary mix of lifecycle housing; (k) Preserve and protect important ecological areas identified on the City's natural resource inventory (NRI); City of Monticello Zoning Ordinance Page 63 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (1) Accommodate higher development intensity in areas where infrastructure and other systems are capable of providing appropriate levels of public services, and require lower intensity in areas where such services are inadequate, or where natural features require protection and /or preservation. (8) Areas of Flexibility (a) The City may consider an increase in the density or intensity of the project, along with related reductions in lot width and size if the PUD provides substantially more site amenities and public values, as outlined in Section 2.4(P)(7), than could be achieved in a conventional development for the applicable land use zone. (b) The City may consider flexibility with regard to land uses, setbacks, lot size, width, and depth, among other zoning standards when reviewing a PUD rezoning request. Specifications and standards for lots shall be at the discretion of City Council, and shall encourage a desirable living or working environment which assists in achieving the goals set out for PUDs. (c) The City may consider flexibility in the phasing of a PUD development. Changes to the proposed staging or timing of a PUD may be approved by the City Council when necessary or on the showing of good cause by the developer. (9) PUD Procedure All requests for rezoning to Planned Unit Development shall follow the steps outlined below. (a) PUD Concept Proposal Prior to submitting formal development stage PUD, preliminary plat (as applicable) and rezoning applications for the proposed development, the applicant may, at its option, prepare an informal concept plan and present it to the Planning Commission and City Council at a concurrent work session, as scheduled by the Community Development Department. The purpose of the Concept Proposal is to: ■ Provide preliminary feedback on the concept plan in collaboration between the applicant, general public, Planning Commission, and City Council; ■ Provide a forum for public comment on the PUD prior to a requirement for extensive engineering and other plans; Page 64 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments ■ Provide a forum to identify potential issues and benefits of the proposal which can be addressed at succeeding stages of PUD design and review. (i) Initiation of Proceedings A request for a PUD Concept Proposal Review shall be initiated by the property owner and other person or party having an interest in Concept Proposal. (ii) Proposal Submittal 1. All proposals for a PUD Concept Proposal Review shall be in accordance with Section 2.3, Common Review Requirements. 2. In addition to common review requirements, proposals for a PUD Concept Plan Review shall also include at least the information in Section 2.4(P)(9)(b)(iii) below to be considered complete (except as exempted by the Community Development Department). (iii) Specific PUD Concept Proposal Submittal Requirements The following information shall be provided unless waived by staff: 1. A listing of contact information including name(s), address(es) and phone number(s) of. the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates; 2. A listing of the following site data: Address, current zoning, parcel size in acres and square feet and current legal description(s); 3. A narrative explaining the applicant's proposed objectives for the PUD, and public values that the applicant believes may be achieved by the project; 4. A listing of general information including the number of proposed residential units, commercial and industrial land uses by category of use, public use areas including a description of proposed use, and any other land use proposed as part of the PUD; 5. Calculation of the proposed density of the project and the potential density under standard zoning regulations, including both gross density and net density, accounting for developable and undevelopable land. Undevelopable land shall include all wetlands, floodplains, sensitive ecological areas identified in the Natural Resource Inventory, slopes greater than 18 %, poor soils and areas of concentrated woodlands. City of Monticello Zoning Ordinance Page 65 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 6. Outline a conceptual development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational and common space areas). 7. A Concept PUD Proposal illustrating the nature and type of proposed development. At a minimum, the plan should show: a. Area calculations for gross land area b. Existing zoning district(s) c. Layout of proposed lots and proposed uses. Denote outlots planned for public dedication and /or open space (schools, parks, etc.) d. Area calculations for each parcel e. General location of wetlands and /or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel £ Location of existing and proposed streets within and immediately adjacent to the subdivision parcel g. Proposed sidewalks and trails h. Proposed parking areas i. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable) j. General location of wooded areas or significant features (environmental, historical, cultural) of the parcel k. Location of utility systems that will serve the property 1. Other: An applicant may submit any additional information that may explain the proposed PUD. 8. A listing of the areas of flexibility from the standard zoning sought through the use of PUD design. Page 66 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (iv) PUD Concept Plan Proposal Review Upon receiving a PUD concept plan proposal, the Community Development Department shall: 1. Schedule a joint meeting of the Planning Commission and City Council and shall provide notice of the meeting to all property owners within 350' of the property boundary of the proposal. During the concurrent meeting, the Planning Commission and City Council may make comment on the merit, needed changes, and suggested conditions which may assist the proposer in future application for proposed rezoning and PUD development plan. a. The Planning Commission and City Council may also take comment from the public as part of the joint meeting. b. The Council and Planning Commission shall make no formal decision as part of the consideration The City Council and Planning Commission's comments are explicitly not an approval or decision on the project, and are intended to represent preliminary feedback related to this PUD ordinance, the applicable zoning regulations, and the Comprehensive Plan. (b) PUD Development Stage, Preliminary Plat, and Rezoning (i) Initiation of Proceedings Requests for PUD Development Stage, rezoning to PUD and Preliminary Plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. The Development Stage PUD request shall be subject to timelines set by Minn. Stat. Section 15.99. (ii) Application 1. All applications for rezoning to PUD and Preliminary Plat shall be in accordance with Section 2.3, Common Review Requirements. 2. The application for rezoning to PUD shall be in accordance with Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments. 3. The application for Preliminary Plat (as applicable) shall be in accordance with City Code Title 11, Chapter 4, Data Required for Preliminary and Final Plats; and shall include the additional information requirements listed in Section 2.4(P)(9)(c)(iii) below to be considered complete (except as exempted by the Community Development Department). City of Monticello Zoning Ordinance Page 67 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 4. If the PUD is proposed to develop over a timeframe exceeding two years, a PUD Phasing Plan for the entire project (to be completed in phases) may be submitted. Subsequent PUD Final Plan applications would only grant approval for an individual phase. (iii) Specific PUD Development Stage, Preliminary Plat and Rezoning Submittal Requirements An applicant shall provide a separate PUD Development Stage Plan clearly delineating the proposed development and all features not consistent with underlying zoning regulations (e.g. setback deviations). At a minimum, the plan should show: 1. All required information per Section 2.4(P)(9)(b)(iii) of this ordinance. 2. Administrative information (including identification of the drawing as a "PUD Development Stage Plan," the proposed name of the project, contact information for the developer and individual preparing the plan, signature of the surveyor and civil engineer certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow); 3. Area calculations for gross land area, wetland areas, wetland buffers, right -of -way dedications, conservation areas, and proposed public and private parks; 4. Existing zoning district(s); 5. Layout of proposed lots with future lot and block numbers. The perimeter boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots planned for public dedication and /or open space (schools, parks, etc.); 6. Area calculations for each parcel; 7. Proposed setbacks on each lot (forming the building pad) and calculated buildable area; 8. Proposed gross hardcover allowance per lot (if applicable); 9. Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question; 10. Delineation of wetlands and /or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel; 11. Delineation of the ordinary high water levels of all water bodies; Page 68 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 12. Grading drainage and erosion control plan prepared by a registered professional engineer, providing all information outlined in Monticello Zoning Code, Chapter 4, Section 10(C); 13. Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel; 14. Easements and rights -of -way within or adjacent to the subdivision parcel(s); 15. The location and orientation of proposed buildings; 16. Colored building elevations which detail the materials being used; 17. Proposed sidewalks and trails; 18. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices; 19. Lighting location, style and mounting and light distribution plan. 20. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable); 21. Landscape plan prepared by a qualified professional providing all information outlined in Monticello Zoning Ordinance Section 4.1(D) including planting counts, sizes and species; 22. Location and detail of signage providing all pertinent information outlined in Monticello Zoning Ordinance Section 2.4(K)(3)(b). 23. Location, access and screening detail of large trash handling and recycling collection areas in compliance with the requirements of Monticello Zoning Ordinance Section 5.3(D)(30). 24. Any other information as directed by the Community Development Department. (iv) PUD Development Stage, Preliminary Plat and Rezoning to PUD Review 1. The application for rezoning to PUD shall be reviewed in accordance with Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments. 2. The application for Preliminary Plat shall be reviewed in accordance with City Code Title 11, Chapter 3, Section 2, Preliminary Plat Procedure. City of Monticello Zoning Ordinance Page 69 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 3. As part of the review process for both applications, the Community Development Department shall generate an analysis of the proposal against the expectations for PUDs and this ordinance to formulate a recommendation regarding the rezoning to the Planning Commission and City Council. 4. The Planning Commission shall hold a public hearing and consider the application's consistency with the intent and purpose of the PUD and comprehensive plan goals. The Planning Commission shall make recommendations to the City Council on the merit, needed changes, and suggested conditions of the proposed rezoning, preliminary plat and PUD development plan. 5. In approving or denying the PUD Development Stage application and ordinance to rezone the subject property to PUD, the City Council shall make findings on the following: a. Whether the PUD plan is consistent with the city's comprehensive plan; b. Whether the PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and greater public benefits than would be achieved under conventional provisions of the ordinance; c. Whether the PUD plan addresses the purpose and intent of the PUD rezoning laid out in Section 2.4(P)(1), and the public values statement established at the beginning of the process; d. Whether the PUD plan addresses the expectations of a PUD laid out in Section 2.4(P)(7); e. Whether the PUD plan maintains or improves the efficiency of public streets, utilities, and other public services; £ Whether the PUD plan results in development compatible with existing adjacent and future guided land uses; g. Whether the PUD can be accommodated by existing public services, such as parks, police, fire, administration, and utilities, or the developer has provided for the growth and extension of such services as a component of the PUD. h. Whether the PUD is designed to take advantage of, and preserve, the natural features of the subject property, including waterways, forested areas, natural prairie, topography, views, etc. 6. An ordinance rezoning the property shall be prepared by the City, for review at the Development Stage PUD, but adoption of such ordinance shall occur only upon approval of the Final Stage PUD. Page 70 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (c) PUD Final Plat (i) Initiation of Proceedings 1. A Final Stage PUD plan and final plat that conforms with the approved Development Stage PUD and preliminary plat and associated PUD rezoning ordinance shall be submitted and reviewed within the time allotted by Minn. Stat. Section 15.99. 2. The request for PUD Final Stage and Final Plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (ii) Application 1. All applications for PUD Final Stage and Final Plat shall be in accordance with Section 2.3, Common Review Requirements. 2. The application for PUD Final Plat shall be in accordance with City Code Title 11, Chapter 4, Data Required for Preliminary and Final Plats. 3. In addition to general city code requirements, applications for a PUD Final Stage and Final Plat shall also include at least the information in Section 2.4(P)(9)(d)(iii) below to be considered complete (except as exempted by the Community Development Department). (iii) Specific PUD Final Stage and Final Plat Submittal Requirements 1. If a PUD Master Plan for the entire project was submitted and approved as part of the PUD Development Stage, an updated Master Plan shall be submitted incorporating all changes required by the PUD Development Stage approval. 2. The PUD Development Stage Plan shall be updated to incorporate all changes required by the PUD, preliminary plat and rezoning approvals. This document must clearly show all deviations from standard zoning being approved as part of the PUD. 3. The City shall prepare, and the applicant shall execute, a developer's agreement which references all PUD plans, development phasing, required improvements, completion dates for improvements, the required letter of credit, all required development fees, escrows, and warranties, and any other information deemed necessary by the City. City of Monticello Zoning Ordinance Page 71 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments 4. The City shall, upon approval of the PUD Final Stage, recording of the Final Plat, and execution of the PUD developer's agreement, publish the PUD Ordinance specifying land use, densities, performance standards, and ongoing general obligations of occupants of the PUD. Such ordinance shall create a zoning district that is specific to the property for which the PUD was applied, and shall be designated in such a way as to be able to mark the official zoning map to identify the PUD ordinance. The PUD ordinance shall also designate that such property is thereby rezoned to the PUD district as adopted. 5. Up -to -date title evidence for the subject property in a form acceptable to the City shall be provided as part of the application for the PUD Final Plat. 6. Developer shall provide warranty deeds for Property being dedicated to the City for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City Council. 7. Developer shall provide all easement dedication documents for easements not shown on the final plat including those for trails, ingress /egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property. (iv) PUD Final Stage and Final Plat Review The application for PUD Final Stage and Final Plat shall be considered by the City Council at a public meeting, following a review and report by the Community Development Department. Approval of the PUD Final Stage and Final Plat shall be by simple majority vote of the City Council, except where State law may specifically require a supermajority. (10) PUD Amendments Approved PUD's may be amended from time to time as a result of unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the applicant shall make an application to the city for a PUD amendment. All such amendments will be processed as one of the following: Page 72 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (a) Administrative Amendment — The Community Development Department may approve minor changes in the location, placement, and height of buildings if such changes are required by engineering or other circumstances, provided the conform to the review criteria applied by the Planning Commission and City Council, and are consistent with all requirements of the PUD ordinance. Under no circumstances shall an administrative amendment allow additional stories to buildings, additional lots, or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Community Development Director and recorded against the PUD property. (b) PUD Adjustment — an adjustment to a PUD may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. For a PUD Adjustment, the applicant shall follow the procedures and requirements of the PUD Final Stage as identified in this Chapter. A PUD Adjustment shall be memorialized with an amendment to the PUD Development Agreement, executed by the City and applicant, and recorded against the PUD property. To qualify for this review, the minor adjustment shall not: (i) Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. (ii) Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. (iii) Alter significantly the location of buildings, parking areas or roads. (iv) Increase or decrease the number of residential dwelling units by more than five percent. (v) Increase the gross floor area of non - residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent (residential lots not guided for specific structure sizes are excluded from this requirement). (vi) Increase the number of stories of any building. (vii) Decrease the amount of open space or alter it in such a way as to change its original design or intended function or use. (viii) Create non - compliance with any condition attached to the approval of the Final PUD Plan. City of Monticello Zoning Ordinance Page 73 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Planned Unit Developments (c) PUD Amendment — any change not qualifying for an administrative amendment or a PUD adjustment shall require a PUD amendment. An application to amend a PUD shall be administered in the same manner as that required for an initial PUD beginning at PUD Development Stage and Preliminary Plat. (11) PUD Cancellation A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is inconsistent with the Comprehensive Plan or other application land use regulations, threatens public safety, health, or welfare, or other applicable findings in accordance with law. (12) Administration In general, the following rules shall apply to all PUDs: (a) Rules and regulations: No requirement outlined in the PUD process shall restrict the City Council from taking action on an application if necessary to meet state mandated time deadlines; (b) Preconstruction: No building permit shall be granted for any building on land for which a PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact, influence, or interfere with the proposed PUD plan. (c) Effect on Conveyed Property: In the event any real property in the approved PUD Agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved Final PUD Plan constituting a part thereof as well as the PUD zoning ordinance; provided, however, that nothing herein shall be construed to create non - conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD. Page 74 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (F) General provisions for wireless telecommunications service antennae and antenna support structures. (e) All transmitting, receiving and switching equipment shall be housed within a structure or cabinet whenever possible, and shall adhere to the following: (i) If a new tower accessory building is necessary to house such equipment, it shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping as deemed necessary by the City Council. (ii) Accessory equipment associated with a rooftop antenna, satellite dishes, or wall antenna shall be located within the building, cabinet, or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building. (iii) All transmitting, receiving and switching equipment shall be housed within a structure or cabinet. Such structure shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping consistent with the screening and landscaping requirements of the Monticello Zoning Ordinance. (iv) Antenna support structures located within 1000' feet of the FiberNet Monticello Co- Location Building shall be required to locate all transmitting, receiving and switching equipment within the FiberNet Monticello Co- Location. (7) Lights and Attachments (a) No antenna or antenna support structure shall have lights, reflectors or other illuminating devices of any kind, unless required by a Federal or State regulatory authority. (b) Lights attached to antenna support structures may be approved by the City Council as a part of a Conditional Use Permit when such lights are used to illuminate a parking lot or other use on the ground, provided such lights meet the exterior lighting requirements of the Monticello Zoning Ordinance. (8) Site Landscaping (a) The site on which an antenna or antenna support structure is located shall be landscaped to control dust, weeds, drainage, and to improve aesthetics of the property. (9) Non - Interference (a) No antenna installation shall transmit signals in a way that causes interference with any other electronic device. Page 3 12 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots TEMPORARY EROSION PROTECTION: Short term methods employed to prevent erosion. Examples of these methods include: straw, wood fiber blanket, wood chips and erosion netting. TEMPORARY MOBILE CELL SITE: Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as cellular on wheels (COW). TOE OF BLUFF: The lower point of a 50 -foot segment with an average slope exceeding 18 percent. TOP OF BLUFF: The higher point of a 50 -foot segment with an average slope exceeding 18 percent. TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a specific lot. TOWNHOUSES: Structures housing three (3) or more dwelling units of not more than two (2) stories each and contiguous to each other only by the sharing of one (1) common wall, such structures to be of the town or row house type as contrasted to multiple family dwellings or apartments /condominiums. No single structure shall contain in excess of eight (8) dwelling units, and each dwelling unit shall have separate and individual front and rear entrance. TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the accumulation, storage and pick -up of refuse and recyclable material associated with multi- family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single family dwellings, or townhome units which do not utilize a communal location for trash and recycling. TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more. TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons. TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this ordinance. City of Monticello Zoning Ordinance Page 461 FOREST INVENTORY AND ANALYSIS NATIONAL CORE FIELD GUIDE VOLUME I: FIELD DATA COLLECTION PROCEDURES FOR PHASE 2 PLOTS Version 7.0 rofte5T SER�� U Sig OF National Core Field Guide, Version 7.0, October, 2015 Section 5.0. Tree and Sapling Data 5.9 DIAMETER Diameters are measured at either breast height (DBH) or at the root collar (DRC). Species requiring DRC, referred to as woodland species, are denoted with a "w" in Appendix 3. Trees with diameters between 1.0- and 4.9- inches are measured on the 6.8 -foot radius microplot, those with diameters of 5.0- inches and larger are measured on the 24 -foot radius subplots. In order to accurately remeasure diameter (DBH or DRC) at the same point on the tree bole at successive visits, regions have the option of measuring and recording the distance from the ground to the point of diameter measurement, or marking the point of measurement with a scribe, crayon, paint, or aluminum nail. When marking trees for the first time, measure the diameter after the mark is in place. Use caution to avoid damaging trees with scribes and nails. Do not scribe or nail trees less than 3.0- inches in diameter, or species vulnerable to introduction of pathogens (e.g., aspen). Do not penetrate the cambium when using a bark scribe. Remeasurement trees: When remeasuring the diameter of a tree tallied at a previous survey, always take the measurement at the location monumented by the previous crew unless it is not physically possible (e.g., tree buried by mudslide), there is an abnormality at the previous DIAMETER measurement point, or the previous location is more than 12 inches beyond where the diameter should be measured according to current protocols (either because protocols have changed or the previous crew made a mistake). Assign a DIAMETER CHECK code of 2 whenever the point of measurement is moved. Values: 001.0 to 999.9 5.9.1 PREVIOUS DIAMETER AT BREAST HEIGHT This is the DBH assigned at the previous survey. It has been downloaded from the previous inventory. Any change made to this field signifies an error at the time of the previous inventory. DIAMETER CHECK should be set to 2 and an explanation is required in the notes if previous DBH is changed. 5.9.2 DIAMETER AT BREAST HEIGHT (DBH) Unless one of the following special situations is encountered, measure DBH at 4.5 feet above the ground line on the uphill side of the tree. Round each measurement down to the last 0.1 inch. For example, a reading of 3.68 inches is recorded as 3.6 inches. Special DBH situations: Forked tree: In order to qualify as a fork, the stem in question must be at least 1/3 the diameter of the main stem and must branch out 4.5'— 4.5' from the main stem at an angle of 45 degrees or less. Forks originate at the point on the bole where the piths intersect. Forked r:[ trees are handled differently depending on whether the fork originates below 1.0 foot, between 1.0 and 4.5 feet, or above 4.5 feet. -- Trees forked below 1.0 foot. Trees forked below 1.0 foot are Figure 23. Forked treated as distinctly separate trees (fig. 23). Distances and below 1.0 ft. 76 National Core Field Guide, Version 7.0,October, 2015 Section 5.0. Tree and Sapling Data azimuths are measured individually to the center of each stem where it splits from the stump (fig. 26 A -C). DBH is measured for each stem at 4.5 feet above the ground. When stems originate from pith intersections below 1 foot, it is possible for some stems to be within the limiting distance of the microplot or subplot, and others to be beyond the limiting distance. If stems originating from forks that occur below 1.0 foot fork again between 1.0 and 4.5 feet (fig. 26 -E), the rules in the next paragraph apply. Trees forked between 1.0 foot and 4.5 feet. Trees forked between 1.0 foot and 4.5 feet are also counted as separate trees (fig. 24), but only one distance and azimuth (to the central stump) is recorded for each stem (fig. 26 D- F). Although a single azimuth and distance applies to all, multiple stems should be recorded as they occur in clockwise order (from front to back when one stem is directly in front of another). The DBH of each fork is measured at a point 3.5 feet above the pith intersection. When forks originate from pith intersections between 1.0 and 4.5 feet, the limiting distance is the same for all forks- - they are either all on, or all off the plot. Multiple forks are possible if they all originate from approximately the same point on the main stem. In such cases, measure DBH on all stems at 3.5 feet above the common pith intersection (fig. 26 -G). Diameter 4.5' - - -- - -- - point 3.5' Pith - ( I intersection Figure 24. Forked between 1.0 -4.5 ft. Once a stem is tallied as a fork that originated from a pith intersection between 1.0 and 4.5 feet, do not recognize any additional forks that may occur on that stem. Measure the diameter of such stems just below the base of stem separation as shown in figures 26 -E and 26 -F (i.e., do not move the point of diameter the entire 3.5 feet above the first fork). • Trees forked at or above 4.5 feet. Trees forked at or above 4.5 feet count as one single tree (fig. 25). If a fork occurs at or immediately above 4.5 feet, measure diameter below the fork just beneath any swelling that would inflate DBH. Diameter point _ _ -Pith intersection 4.5' Figure 25. One tree. 2. Stump sprouts: Stump sprouts originate between ground level and 4.5 feet on the boles of trees that have died or been cut. Stump sprouts are handled the same as forked trees, with the exception that stump sprouts are not required to be 1/3 the diameter of the dead bole. Stump sprouts originating below 1.0 foot are measured at 4.5 feet from ground line. Stump sprouts originating between 1.0 foot and 4.5 feet are measured at 3.5 feet above their point of occurrence. As with forks, rules for measuring distance and azimuth depend on whether the sprouts originate above or below 1.0 foot. For multi- stemmed woodland species, treat all new sprouts as part of the same new tree. 77 National Core Field Guide, Version 7.0, October, 2015 Section 5.0. Tree and Sapling Data A B C T3.5 feet , 4.5 feet _ 1.0 foot ' - -- Y' 1. Trees fork below 1.0 foot Azimuthsand distances to indicated points 9 E F G I 1 , ' y � � 4.5 feet 3.5 feet ! T5 feet I , T3.5 feet 3.5 feet , 1.0 foot _ -- - - — — -- —. 2. Trees fork at or above 1.0 foot Figure 26. Summary of where to measure DBH, distance, and azimuth on forked trees. 3. Tree with butt -swell or bottleneck: Measure these trees 1.5 feet above the end of the swell or bottleneck if the swell or bottleneck extends 3.0 feet or more above the ground (fig. 27). 78 _ Diameter point 3.0' or more Figure 27. Bottleneck tree. National Core Field Guide, Version 7.0,October, 2015 Section 5.0. Tree and Sapling Data 4. Tree with irregularities at DBH: On trees with swellings (fig. 28), bumps, depressions, and branches (fig. 29) at DBH, diameter will be measured immediately above the irregularity at the place it ceases to affect normal stem form. Diameter Diameter - - -- -- _ _ point - -- point 4.5' 4.5' _ IF 4 Figure 28. Tree Figure 29. Tree with with swelling. branch. 5. Tree on slope: Measure diameter at 4.5 feet from the ground along _ 4.5' the bole on the uphill side of the tree (fig. 30). Lit Figure 30. Tree on a slope. 6. Leaning tree: Measure diameter at 4.5 feet from the ground along the bole. The 4.5 -foot distance is measured along the underside face of DBH the bole (fig. 31). A. Figure 31. Leaning tree. 7. Turpentine tree: On trees with turpentine face extending above 4.5 feet, estimate the diameter at 10.0 feet above the ground and multiply by 1.1 to estimate DBH outside bark. 8. Independent trees that grow together: If two or more independent stems have grown together at or above the point of DBH, continue to treat them as separate trees. Estimate the diameter of each, set the "DIAMETER CHECK" code to 1, and explain the situation in the notes. 79 National Core Field Guide, Version 7.0, October, 2015 Section 5.0. Tree and Sapling Data 9. Missing wood or bark: Do not reconstruct the DBH of a tree that is missing wood or bark at the point of measurement. Record the diameter, to the nearest 0.1 inch, of the wood and bark that is still attached to the tree (fig. 32). If a tree has a localized abnormality (gouge, depression, etc.) at the point of DBH, apply the procedure described for trees with irregularities at DBH (figs. 28 and 29). 10. Live windthrown tree: Measure from the top of the root collar along the length to 4.5 feet (fig. 33). 4.oIHI Figure 32. Tree with part of stem missing. Root Collar 4.5' I , I � I Figure 33. Tree on the ground. 11. Down live tree with tree -form branches growing vertical from main bole: When a down live tree, touching the ground, has vertical (less than 45 degrees from vertical) tree -like branches coming off the main bole, first determine whether or not the pith of the main bole (averaged along the first log of the tree) is above or below the duff layer. • If the pith of the main bole is above the duff layer, use the same forking rules specified for a forked tree, and take all measurements accordingly (fig. 34). • If the pith intersection of the main down bole and vertical tree -like branch occurs below 4.5 feet from the stump along the main bole, treat that branch as a separate tree, and measure DBH 3.5 feet above the pith intersection for both the main bole and the tree -like branch. Figure 34. Down tree above duff. 80 National Core Field Guide, Version 7.0,October, 2015 Section 5.0. Tree and Sapling Data • If the intersection between the main down bole and the tree -like branch occurs beyond the 4.5 feet point from the stump along the main bole, treat that branch as part of the main down bole. • If the pith of main tree bole is below the duff layer, ignore the main bole, and treat each tree -like branch as a separate tree; take DBH and length measurements from the ground, not necessarily from the top of the down bole (fig. 35). However, if the top of the main tree bole curves out of the ground towards a vertical angle, treat that portion of that top as an individual tree originating where the pith leaves the duff layer. Figure 35. Down tree below duff. 12. Tree with curved bole (pistol butt tree): Measure along the bole on the uphill side (upper surface) of the tree (fig. 36). 5.9.3 PREVIOUS DIAMETER AT ROOT COLLAR Figure 36. Tree with curved bole (pistol butt tree). This is the DRC assigned at the previous survey. It has been downloaded from the previous inventory. Any change made to this field signifies a misclassification at the time of the previous inventory. "DIAMETER CHECK" should be set to 2 and an explanation is required in the notes if previous DRC is changed. 5.9.4 Diameter At Root Collar (DRC) For species requiring diameter at the root collar (refer to Appendix 3), measure the diameter at the ground line or at the stem root collar, whichever is higher. For these trees, treat clumps of stems having a unified crown and common root stock as a single tree; examples include mesquite, juniper, and mountain mahogany. Treat stems of woodland species such as Gambel 81 Planning Commission Agenda — 11/02/2015 3A. Consideration of a request for Administrative Lot Combination and Simple Subdivision in an R -2 (Single and Two Family) Residence District. Applicant: Lampi, Mark/Lampi Auctions, Inc. (NAC) Property: Legal: Lots 6, 7, 8, and westerly 32 feet of Lot 9, Block 34, Lower Monticello Address: 512 East 3rd Street Planning Case Number: 2015-046 A. REFERENCE & BACKGROUND Request(s): Administrative combination of two parcels and simple subdivision to move an existing lot line, resulting in two conforming residential lots. Deadline for Decision: December 18th, 2015 Land Use Designation: Places to Live Zoning Designation: R -2, Single and Two - Family Residence District The purpose of the "R -2" single and two - family residential district is to provide for low to moderate density one and two unit dwellings and directly related complementary uses. Overlays /Environmental Regulations Applicable: NA Current Site Use: One Single Family Home Surrounding Land Uses: North: Single Family Residential East: Single Family Residential South: Vacant - Two - Family Residential proposed West: Single Family Residential Project Description: The applicant's property consists of two parcels currently occupied by one single - family residence fronting on Yd Street. One of the parcels consists of 3 original platted lots, and the second parcel is about half of another original lot. The applicant proposes to subdivide the lot to result in two parcels with frontage Planning Commission Agenda — 11/02/2015 on Yd Street. The existing home would remain as it is, and the new parcel would provide building area for a new home at the corner of 3rd Street and Wright Street. ANALYSIS The Subdivision Ordinance, in Section 11 -1 -7, provides for simple subdivision of lots that are currently platted and do not create more than one new building lot. The Ordinance allows for such "simple subdivisions" to proceed without requiring a full plat or the normal public hearing requirements that larger subdivisions entail. Such subdivisions result in a "metes and bounds" description, essentially describing parts of the underlying platted lots. Occasionally, the County Recorder determines that the new descriptions are not recordable. While staff does not anticipate that likelihood in this case, in that were to occur, a plat would be required, and the applicants would need to reapply for a platted subdivision. The proposed subdivision property consists of three original plat lots, plus half of another. The three (Lots 6, 7, and 8) have been combined and contain one single family home and a detached garage. The half (west 32 feet of Lot 9) was acquired from the neighbor to the east. The new subdivision retains the existing home, but moves the lot line between the home and the new corner lot. The resulting corner lot (Tract A) will have 105 feet of frontage on Yd Avenue, and 17,407 square feet. The resulting lot containing the existing home (Tract B) will have 125 feet of frontage along Yd Avenue, and 20,702 square feet. Standards for the district require a minimum of 80 feet of width, and 10,000 square feet of area. Both lots significantly exceed the minimum requirements. Setbacks for the both lots will be 30 feet from Yd Street (north), 30 feet from the rear (south), and 10 feet each from the new internal side lot line. The proposed subdivision illustrates those setbacks requirements on the survey. The current condition includes a garden shed on what will be located on Tract A. After the subdivision, there will not be a principal building on that lot. The shed will have to be removed, as a lot cannot have an accessory building without a principal building. The applicants may remove the shed, or relocate it to Tract B in a conforming location. The creation of one new parcel will result in a requirement for the payment of one park dedication fee. In addition, because the area is scheduled for street reconstruction in 2016, the City Engineer has provided the following comments: 2 Planning Commission Agenda — 11/02/2015 • Tract A will be subject to a street reconstruction assessment based on its current or proposed use. Construction is planned for 2016. • Tract B will be subject to a street reconstruction assessment based on its current use. Construction is planned for 2016, with assessments starting on the 2017 property tax rolls. • 6 and 12 -foot perimeter drainage and utility easements should be dedicated for Tract A and B. • Driveway access for Tract A can be provided from either Wright St or Yd St. • It appears that there are two sewer and two water service stubs serving Tract • If the site is developed for a single - family use, one sewer and one water service will need to be abandoned per City requirements at the time of building permit approval. Staff notes that the R -2 zoning provides for potential single family or two - family development. The Engineer's note above relates to the eventual use of the property and depends on the number of units to be constructed. In addition, at the time of construction on the proposed Tact A, due to the number of trees identified on the certificate of survey and the provisions of Chapter 4.2 — Tree Protection, A tree survey identifying species and size will be required at building permit for proposed Tract A. B. ALTERNATIVE ACTIONS 1. Motion to adopt Resolution No. PC- 2015 -017, recommending approval of the simple subdivision for 512 E. 3rd Street, based on findings in said resolution and subject to the conditions in Exhibit Z. 2. Motion to deny adoption of Resolution No. PC- 2015 -017, based on findings to be cited at the Planning Commission meeting. C. STAFF RECOMMENDATION Staff recommends approval of the subdivision, based on findings that the proposed subdivision is consistent with the Comprehensive Plan and the requirements of the Zoning Ordinance, and compliance with the conditions identified in Exhibit Z. D. SUPPORTING DATA A. Resolution PC- 2015 -017 B. Aerial Site Image C. Certificate of Survey D. Current Parcel Configuration E. Subdivision Ordinance, Excerpts Z. Conditions of Approval 3 Planning Commission Agenda — 11/02/2015 EXHIBIT Z Conditions of Approval Administrative Lot Combination and Simple Subdivision 512 E. 3rd Street Lots 6, 7, 8 and west 32 feet of Lot 9, Block 34, Lower Monticello 1. Removal of existing shed from Tract A prior to the recording of the subdivision. 2. Provide a legal description of required drainage and utility easements for recording. 3. In the event the County rejects the descriptions of the metes and bounds subdivision, the applicant will need to re -apply and utilize a formal plat process. 4. Payment of required park dedication fee, and any other applicable trunk or other fees resulting from the subdivision. 5. Resolution of unused service extensions from Yd Street in accordance with City utility standards. 6. Compliance with the requirements of the City Engineer regarding easements, grading, drainage, and utilities. 7. A tree survey identifying species and size will be required at building permit for proposed Tract A. 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -017 RECOMMENDING APPROVAL OF AN ADMINISTRATIVE LOT COMBINATION AND SIMPLE SUBDIVISION RESULTING IN TWO CONFORMING BUILDABLE LOTS IN THE R -2 ZONING DISTRICT WHEREAS, the applicant has submitted a request to combine and resubdivide two parcels in the R -2 zoning district; and WHEREAS, the resultant parcels will meet or exceed the requirements of the R -2 zoning district; and WHEREAS, the property is designated as "Places to Live" on the Comprehensive Plan land use map; and WHEREAS, the subdivision will be consistent with the existing and future land uses of the surrounding area; and WHEREAS, the Planning Commission considered the item at an open meeting on November 2nd, 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: The combination and resubdivision is consistent with the requirements of the zoning ordinance. 2. The combination and resubdivision will be consistent with the existing and future land uses in the area. 3. The subdivision, together with the conditions of approval recommended in the staff report on the item, will accommodate expected land uses for the neighborhood. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the subdivision subject to the conditions listed in Exhibit Z as follows: CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -017 1. Removal of existing shed from Tract A prior to the recording of the subdivision. 2. Provide a legal description of required drainage and utility easements for recording. 3. In the event the County rejects the descriptions of the metes and bounds subdivision, the applicant will need to re -apply and utilize a formal plat process. 4. Payment of required park dedication fee, and any other applicable trunk or other fees resulting from the subdivision. Resolution of unused service extensions from 3rd Street in accordance with City utility standards. 6. Compliance with the requirements of the City Engineer regarding easements, grading, drainage, and utilities. 7. A tree survey identifying species and size will be required at building permit for proposed Tract A. ADOPTED this 2nd day of November, 2015, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION L-02 ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -017 Subject Property (X- -o -r;.'4.:z sto City Boundary A?.&. I i �i& U 0 i inch - M feet Swca: rxi3OkowlOoe., OuEM E&V" =e'.aopnpriq crraAWA M u� ►� md-Q* a AWCOK 134 wpr *awvwU .ek Fwe M5B t Asomhms ......N oosszo -s �:oN 3,ii e ° a, �va bs s �e .33a.s .�i� o�� NN sweszo- sr3,id znna pN IIN1zN3 ^" O��801 }UOw JBM01 MYJ :n9 a3NJ... CNi:...— a vW evt :ne N—a ,° a, °�s , 'ONI 'S31tlI00SSY N'$ �g g 'g }01 10 1991 Z,g ne Nsis3a N0SH303d IUVDO9 �C��a }SeM 7� g `L `g S }01 Noi,diaosaa a,va °N s� -� -o� �3iva ,° s 3 of of Fv &i iE i S - �- 0 0 0000 0 0 0 �y tit I F° h E v ° 0 m m 0 0 v Qs QL� V � /�� N ° /� °tea �✓ 9 °� �� � � °a/ °�� / / / `s/ �6 \� �Jjsr'' � 000 •/ J� / p Certifica ti Lampe Lots B, T, 8 and the Weste Lower Montice at L f,{cf � 8 91}7 �� •��� SCALE: I" = 30' 1 J /� $ q* _ If' yryh� r r 1T Y-925 Tract./A �� 0 e<<�• 1 w 1 g� g / / ' CQ " 9267 ' „y,5 k / I ,� ' 9251 •� x9/ p 20,696 7 sq /t t7 n / ;5�/ � x925 g2p Bx �. S ' x924 �, Tract B 7 / ' l • / X71.0 , / 9254 �\ / ► Op Y.. %q26 .� y x927. 25 g16 x927'2 core o.a fh leer. y- ' 47dT / f 9259 line of / If 9269 / 9270 �- ._ r /yry / ?ti / x927, \rya 0 \0 � eo l Tyh *Beacon" Wright County, MN Date created: 10/20/2015 Last Data Upload: 10/19/2015 11:32:46 PM Developed by Scfrreider The Schneider Corporation Overview Legend Roads CSAHCL CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy CitylTownship Limits 0 0 ® Parcels Robert J Hiivala 68y WRIGHT COUNTY AUOITORrrREASURER N n 10 SECOND STREET N W ROOM 232 BUFFALO, MN 66313.1194 76Mi ye 82 -7572 or 783$82.7584 teas www cc Wright mn us Property IDhx: R155-015- 034060 Taxpa= ID Number 272D66 ITI 3RD ST MONTICELLO MN 55362 -9256 REFUNDS? $$$ You maybe eligible for one or even two refunds to reduce your property tax. Property Tax 2015 2Q�4- � Itft, °3 ttf t cXt�r, ��' ky`y�1la: Ikk.. ?77.l0 Fee you ova delinquent lanes and aro not eligible VALUES & CLASSIFICATION Sect in kfa xth 2014 2 Use thesre amounts on Font M1PR to as eligible you are NbIWe or a ephxilal refund. Taxes Payable Year. 2014 2015 MONTICELLO MN SM62 become market W. 108,100 119,700 - Stop harprovanwanis Excl deM 4 Credits that reeuca your property hoes + Homestead Exclusion: 27.400 28,900 67&$&.x34 TaxsiNU moot Value. 90.700 93,300 Wright County Audilorfrreasurer New Improvamentaf 0. Properly taxes after credits 10 Ramer! Surma N.W.. Room 232 Expired Exclusions'; I ownty Buffalo, MN 55313 -1194 Property Classification: RES HMSTD RES HMSTD I 'Step PRO�Cl;3'ECI TA"�( Serkt in Noirembi+r z0t4 =- t 0' ON" General Tax "'oposed Tax:., 1,12400 2. Step ., PROPEFITY I Ai STATEMENt i t 10, Spacial Texftg Districts A. Fke"r -roxca: 58200 B Seaarhd-bet Texas: 582 m 3 TAI Tehtae Due In 2015: 1 12400 REFUNDS? $$$ You maybe eligible for one or even two refunds to reduce your property tax. Property Tax 1 Taxes Payable Yes, Statement 1. Use this amount on Form M1PR lone If you are eligible form properly tax "rd ?77.l0 Fee you ova delinquent lanes and aro not eligible Property Address: 2 Use thesre amounts on Font M1PR to as eligible you are NbIWe or a ephxilal refund. 5123RDSTE i 1 MONTICELLO MN SM62 t 3 Your property taxes bet7re credfa Property Description. m 4 Credits that reeuca your property hoes LOWER MONTICELLO Lol-0ee sood-0 4 LTe 10 Second Street N.W„ Roan 232 A. Agricultural medal value credit 67&$&.x34 ' c 8 Olhecrertta Wright County Audilorfrreasurer show the change an the tack of We stub 0. Properly taxes after credits 10 Ramer! Surma N.W.. Room 232 I ownty Buffalo, MN 55313 -1194 a 7. City or Town (CITY OF MONTICELLO I If your address has charged please check this box and 0' ON" General Tax dnw the change on the back of this stub f 9. So" District (0912) A Voter approved Wilm B. Other own bt4es {z,Rkt<wrW3ntRR a awr+ easacaaeuaeaaxser�.wns I 10, Spacial Texftg Districts A. 8PedY A11.sesmMlt Breakdown: B C 0 gg 11. Non4schaoi voter approved reflm rde levies I 12. ToM property tax before spscfal assessments I 2044 201s' t 1,124.00 1,146.00 a I 1,148.00 1.124001 1 1,140.00 1,124,601 350.78 37799 300.80 i 3W431 ?77.l0 i 9049 158.65 37112 it $ i 1 1,1mm 1,f24.s 13.8poald Asassaments on Your Property See Left for Breakdown of Special Assessments Special Asesemern Totals i 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS PAYABLE 2015 2ND HALF PAYMENT STUB UB PLEASE REM THE BACK OF THIS STATEMENT FOR IMPORTANT IMMtMATKIN TO AVOID PENALTY PAY ON OR BEFORE: OCTOBER 15, 2815 Total Property Tax for 2015 $1,124.00 Property ID Number: R155-015434060 2nd Half Tax Amount $56200 Penalty Bill Number: 21238 Penalty $ let Half Tax Amount Dust p ID Number: 272056 2nd Half Total Amount Due m MP# 8155415 -034060 MAKE CHECKS PAYABLE A A fA1L TO: 10 Second Street N.W„ Roan 232 is Robert J Hihrala ' c ®If your address has changed press check a& box and Wright County Audilorfrreasurer show the change an the tack of We stub 10 Ramer! Surma N.W.. Room 232 Buffalo, MN 55313 -1194 a If your address has charged please check this box and dnw the change on the back of this stub ME 512E RD ST MONTICELLO MN 55362 -9206 {z,Rkt<wrW3ntRR a awr+ easacaaeuaeaaxser�.wns PAYABLE 20151ST HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE: MAY 15, 2015 Property ID Number. R 166. 015 -034OW Bill Number. 21298 ID Number: 272DSa MPO R155.015. 034060 12E 3RD ST MONTICELLO MN 55362 -9296 PLEASE READ THE BACK OFTHS STATEMENT POR IMPORTANT INFORMATION Total Properly Tax for 2015 $1,124.00 let Half Tax Amount $582.00 0 P Penalty m $ let Half Tax Amount Dust MAKE CHECKS PAYABLE 6 MAIL TO: S Robert J Hilvale Wright County AuditorrTmestaw s z 10 Second Street N.W„ Roan 232 is Buffalo, MN 65313 -1194 ®If your address has changed press check a& box and a show the change an the tack of We stub No RocW uam R**mW YaRa.eGrn l uh" M yeY teeth nsb Ra.W u.ad ada,s 4 not h —wJ Robert J Hiivala 4 +y WRIOHTCOLINTYAUDiTORrIFIFASUIMP 4 x 10 BECONG MEET N.vr. ROOM 232 Xg- o &LIFFALM kx4 W113.1101 � ,� 7@yr,gY.T6Y2aY6�- Ei92.78N4 � lase � www.oawryplunR.ua I- Property IDN: R155- 015 - 034090 Tom IR irl: 272055 512E 3RD ST MONTICELLO MN 55382 -9298 Property Address- 12014 _Values for Taxes Payable „in_1 VALUES 8 CLASSIFICATION Sent k1 March 2014 Taxes Payable Year 2014 2015 Estimated Market Value. 1,000 1,200 SlOp bnprovemerdsExcluded: tlonmidad 1 Taxable Market Value: 11000 1,200 clew improvemardal i . Expired Exduatone: Property ClmaOlca0m: IBS HMSTD ftES HMSTD Step PtiOF'IOSEO hQ Sentln/Vovember2of4 2 Proposed Tax: 14,00 Q*� FROFTW i V -I k SYRTIEr AEA T p Fkal- hayTaxn: 1400 SecorwNwIFTaxes: 0W 1 3 To1s1TwwsDwM2015: 1400 REFUNDS? $$$ You maybe eligible for one or even two refunds to reduce your property tax, Property -Tax Tom Payable Year Stittemmlt 1. Use this &Mount On Form MIPR 10 see N 1 you Me eNglble for a property lax rofwyd File by August 15.0 tine box ls chocked, you aye delinquent lerus and are not eligible 0 2 Use these amounts on Form MWR to "off you we eligible for a special refund Property Description: LOWER MONTICELLO L&Aa9 010CW34 LOT 6 EX E 31 FT BILK 34 Special Assessment S roadown: 3 Yaw property taxes before credits 4 Credits that Reduce your propsdy tams A Agdculbind market value crodN B. Other credlu L Property taxes Idler asdNs 2014 2016 1400 14.00 14,00 14,00 14.00 1400 ¢ S County 470 1 ge T. CNy or To (CITY OF MONTICELLO 1 wn 4.47 429 S. Slate Games Tax q j 0 MAKE CHECKS PAYABLE & MARL TO: i< 9.3dud Oldddt (OM) A. Voter approved bwln 3D1 92 B Other local levles 1.73 3.93 10, Spacial Taxing Dbakta A. Wright County AudHorfTreasurer In a. >� Buffalo, MN 55313 -1194 C. D m show the chafe on the back of file stub, 11 Non- school votw approved referendalosies W Iw.wU ran RequnbA YaR enedlW d"i6 you wcdet IDNRmIpknMaimd t W M—.d 12. Total property tax balm special assessments 14,90 14.09 It Special Assessments on Yew Property Sae left for Sreekdaym of Special Assessments Spacial Assessment Totals 14 YOUR TOTAL PROPERTY TAX AND SPECUU .ASSESSIMENTS PAYABLE 2015 2ND HALF PAYMENT STUB PLEASE READ THE BACK OF THIS STATEMENT FOR IMPORTANT INFORMATION Property ID Numbw: R 155 - 016 -034090 Bill Number. 21239 ID Number: 272056 MP# R155 -015-034080 5 E 3RD ST MONTICELLO MN 55362 -9296 Total Property Tax for 2015 $14,00 2nd Hoff Tax Amount $0,00 95 Penalty v Penally q j 0 MAKE CHECKS PAYABLE & MARL TO: pp 2nd Hint Total Amount Due MAKE CHECKS PAYABLE & MAIL TO: S 6 Robert J Hilvals $ Wright County AudHorfTreasurer In 10 Second Street N W. Room 232 >� Buffalo, MN 55313 -1194 ®N your address ties changed please led" [his box and m show the chafe on the back of file stub, W Iw.wU ran RequnbA YaR enedlW d"i6 you wcdet IDNRmIpknMaimd t W M—.d PAYABLE 20151ST HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE: MAY 15, 2015 Property ID Number: R166-015-034090 Bin Number: 21239 ID Number: 272056 MP# R155 -015434060 2 E 3RD ST MONTICELLO MN 55362 -9296 PLEASE READ THE BACK OF THIS STATEMENT FOR IMPORTANT INFORMATION Total Property Tax far 2015 $14.00 ist Half Tax Amount $14.00 0 1 Penalty v let Haft Tax Amount Due q j 0 MAKE CHECKS PAYABLE & MARL TO: Robert J Filhrala Wright County AudilorfTrrmswer 10 Second Street N.W., Room 232 < Buffalo, MN 55313 -1194 5 1:1 Syouraddress has barged please check Ihb box aril � L...1 ehkxv Nu change on Ilea back o Ihle stub NeaeWp"nAqueeW Ywe WAddad Nyw,anbt TileaoWnawNantedsrotIx —d CHAPTER 8 REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS SECTION: 11 -8 -1: Registered Land Surveys 11 -8 -2: Conveyance by Metes and Bounds 11 -8 -1: REGISTERED LAND SURVEYS: It is the intention of this ordinance that all registered land surveys in the city of Monticello should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this ordinance for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationship of proposed tracts in such registered land surveys and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively in accordance with the standards set forth in this ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts unless so approved. 11 -8 -2: CONVEYANCE BY METES AND BOUNDS: No conveyance in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet in width unless such parcel was a separate parcel of record at the effective date of this ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts. Not withstanding the previous prohibition, a person may request an administrative subdivision of property described by metes and bounds under the following conditions: a. The purpose of the subdivision is to combine two (2) or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district. b. The purpose of the subdivision is to divide one (1) previously platted parcel into no more than two (2) buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 8 /Page 1 Said administrative subdivision shall be subject to approval of the Zoning Administrator, who may at his or her discretion, refer the subdivision to other City staff for review and recommendation. If the Zoning Administrator approves the proposed subdivision, he or she shall place the proposed subdivision on the agenda of the next City Council meeting which is no less than three (3) weeks from the date of a complete submission. In the event that the County Recorder shall refuse to record an administrative subdivision due to the legal description of the proposed parcels or for any other reason, the applicant shall be required to comply with all of the requirements of the Subdivision Ordinance for Preliminary Plats. ( #426, 7/11/05) MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 8 /Page 2 CHAPTER 1 GENERAL PROVISIONS SECTION: 11 -1 -1: Short Title 11 -1 -2: Purpose 11 -1 -3: Scope 11 -1 -4: Approvals Necessary for Acceptance of Subdivision Plats 11 -1 -5: Conditions for Recording 11 -1 -6: Building Permits 11 -1 -7: Exceptions 11 -1 -8: Separability 11 -1 -9: Conflict AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY OF MONTICELLO, DEFINING CERTAIN TERMS USED THEREIN: PROVIDING FOR THE PREPARATION OF PLATS; PROVIDING FOR THE INSTALLATION OF STREETS AND OTHER IMPROVEMENTS; PROVIDING FOR THE DEDICATION OF CERTAIN LAND FOR PARKS AND PLAYGROUNDS; ESTABLISHING PROCEDURES FOR APPROVAL AND THE RECORDING OF PLATS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. THE COUNCIL OF THE CITY OF MONTICELLO DOES ORDAIN: 11 -1 -1: SHORT TITLE: This ordinance shall be known as the "SUBDIVISION ORDINANCE OF THE CITY OF MONTICELLO," and will be referred to herein as "This Ordinance." 11 -1 -2: PURPOSE: In order to safeguard the best interests of the City of Monticello and to assist the subdivider in harmonizing his interests with those of the city at large, the following ordinance is adopted in order that adherence to same will bring results beneficial to both parties. It is the purpose of this ordinance to make certain regulations and requirements for the platting of land within the city of Monticello pursuant to the authority contained in Minnesota Statutes Annotated, which regulations the City Council deems necessary for the health, safety, and general welfare of this community. 11 -1 -3: SCOPE: The provisions of this ordinance relate to any division of a tract of land into two or more parcels by platting, replatting, conveyance, registered land survey, or other means. MONTICELLO SUBDIVISION ORDINANCE TITLE XII /Chapt 1 /Page 1 11 -1 -4: APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS: Before any plat shall be recorded or be of any validity, it shall be referred to the City Planning Commission and approved by the City Council of Monticello as having fulfilled the requirements of this ordinance. 11 -1 -5: CONDITIONS FOR RECORDING: No plat of any subdivision shall be entitled to record in the Wright County Register of Deeds Office or have any validity until the plat thereof has been prepared, approved, and acknowledged in the manner prescribed by this ordinance. 11 -1 -6: BUILDING PERMITS: No building permits will be considered for issuance by the City of Monticello for the construction of any building, structure, or improvement to the land or to any lot in a subdivision as defined herein until all requirements of this ordinance have been fully complied with. 11 -1 -7: EXCEPTIONS: When requesting a subdivision, if either of the following two conditions exist, the subdivider is required to present accurately drawn site plan information for the proposed subdivision, have the subdivision reviewed by the Planning Commission, reviewed and approved by the City Council, and adhere to the park dedication requirements spelled out in the ordinance, Section 11 -6 -1 through 1I- 6-5, and all other subdivision requirements shall be waived. Upon approval, subdivider must provide City Staff with a certified survey describing the approved subdivision. ( #343, 2/14/00) (A) In the case of a request to divide a lot which is part of an existing lot of record where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this ordinance or the zoning ordinance, except that no such division of a lot or parcel shall be permitted when said division shall create a lot or parcel that is in violation of Chapter 8, Subdivision 11 -8 -2, of this ordinance. ( #148, 9/9/85) (B) Such division results in parcels having an area of five (5) acres or more with frontage on a public right -of -way measuring three hundred (300) feet or more and when such division does not necessitate the dedication of a public right -of- way; or if a lot which is part of a plat recorded in the office of the Register of Deeds of Wright County is to be divided and such division will not cause any structure on the lot to be in violation of the Zoning Ordinance or said new portions of lots to be in violation of City Ordinance. ( #33, 7/27/77) 11 -1 -8: SEPARABILITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. MONTICELLO SUBDIVISION ORDINANCE TITLE XII /Chapt 1 /Page 2 11 -1 -9: CONFLICT: Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions, or ordinances of the City, the highest standards shall apply. MONTICELLO SUBDIVISION ORDINANCE TITLE XII /Chapt I /Page 3