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:
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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.
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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
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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
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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
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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
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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
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Larson Engineering, Inc.
816 W. St. Germain St.
Suite 308
St. Cloud, MN 56301
320.428.5824
www.larsonengr.com
E, • •
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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
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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).
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View from 194 (5' -0" high x 28' -0" wide)
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(7' -6" wide x 6' -0" high)
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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
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*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
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® 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? $$$ You maybe eligible for one or even two refunds to reduce your property tax.
Property Tax
2015
2Q�4-
� Itft, °3 ttf t cXt�r, ��' ky`y�1la: Ikk..
?77.l0
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VALUES & CLASSIFICATION Sect in kfa xth 2014
2 Use thesre amounts on Font M1PR to as eligible
you are NbIWe or a ephxilal refund.
Taxes Payable Year. 2014
2015
MONTICELLO MN SM62
become market W. 108,100
119,700 -
Stop
harprovanwanis Excl deM
4 Credits that reeuca your property hoes
+
Homestead Exclusion: 27.400
28,900
67&$&.x34
TaxsiNU moot Value. 90.700
93,300
Wright County Audilorfrreasurer
New Improvamentaf
0. Properly taxes after credits
10 Ramer! Surma N.W.. Room 232
Expired Exclusions';
I ownty
Buffalo, MN 55313 -1194
Property Classification: RES HMSTD
RES HMSTD I
'Step
PRO�Cl;3'ECI TA"�( Serkt in Noirembi+r z0t4 =- t
0' ON" General Tax
"'oposed Tax:.,
1,12400
2.
Step .,
PROPEFITY I Ai STATEMENt
i
t
10, Spacial Texftg Districts A.
Fke"r -roxca:
58200
B
Seaarhd-bet Texas:
582 m
3
TAI Tehtae Due In 2015:
1 12400
REFUNDS? $$$ 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
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8PedY A11.sesmMlt Breakdown:
B
C
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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
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I
1,148.00 1.124001
1
1,140.00 1,124,601
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158.65
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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
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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
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i< 9.3dud Oldddt (OM) A. Voter approved bwln
3D1
92
B Other local levles
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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
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2nd Hoff Tax Amount $0,00
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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
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10 Second Street N.W., Room 232
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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