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Planning Commission Agenda 04-07-2015AGENDA MONTICELLO PLANNING COMMISSION REGULAR MEETING Tuesday, April 7th, 2015 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Chairman Brad Fyle, Linda Buchmann, Amber Kramer, Sam Murdoff Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman - NAC, Ron Hackemnueller 1. Call to order. 2. Citizen Comments. 3. Consideration of adding items to the agenda. 4. Consideration to approve Planning Commission minutes. a. Special Meeting — March 3, 2015 b. Regular Meeting — March 3, 2015 5. Continued Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1 — Use Table, Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions as related to regulations for Solar Energy Systems. Applicant: City of Monticello 6. Public Hearing — Consideration of a request for Amendment to the Official Monticello Zoning Map to include property to be zoned Light Industrial (I -1), Preliminary and Final Plat for First Lake Substation Addition, Conditional Use Permit for Utilities within the Light Industrial (I -1) District, Variance to the Zoning Ordinance to required setback from the south property line, and Chapter 4, Section 8(E)(2)(C) Surfacing. Applicant: Xcel Energy 7. Consideration of a request for an administrative lot combination and simple subdivision for Lots 14 and 15, Block 34, Original Plat, located in the Central Community District. Applicant: City of Monticello 8. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance. 9. Consideration to accept resignation of Commissioner Heidemann 10. Adj ourn. MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 3rd, 2015 - 4:30 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Alan Heidemann, Linda Buchmann, Amber Kramer, Sam Murdoff Absent: None Others: Angela Schumann, Ron Hackenmueller, Steve Grittman (NAC) 1. Call to Order Alan Heidemann called the special meeting to order at 4:34 p.m. 2. Purpose The purpose of the special meeting is to conduct a workshop related to Land Use Basics. 3. Land Use Basics Workshop Angela Schumann indicated that Steve Grittman would present an overview of the statutory authority related to planning and zoning to provide the Planning Commission some context for considering land use issues. She invited the commissioners to take advantage of additional trainings, such as those offered by the League of Minnesota Cities, GTS and WSB. Schumann also introduced Amber Kramer. Gritmann presented some background information related to why cities plan and the authority by which cities plan. He noted that the concept of planning had evolved in response to the need to establish a process to more efficiently handle property rights disputes. He defined "property" as a bundle of rights related to ownership. He pointed out that local governments have constitutional authority to restrain personal freedoms and property rights for the protection of public health, safety and welfare. Planning and zoning function as the policing power by which land use issues are addressed. Grittman noted that the Comprehensive Plan guides local land use policies and zoning implements those policies through regulation. He suggested that zoning creates a framework of expectations within which property owners can act and for which government assumes responsibility for enforcement. Grittman pointed to several landmark legal decisions to illustrate how zoning has been challenged and redefined through the years. He indicated that the Supreme Court had ruled that zoning laws must protect a valid government interest or public use and be a reasonable method of achieving a goal. He suggested that terms such as public use and reasonable are not defined and subject to debate. Grittman also pointed out that that regulations are subject to both procedural and Planning Commission Special Minutes: 3/03/15 substantive constitutional limitations. This means that private property cannot be taken without due process of law (the right to be heard), nor without just compensation. Grittman indicated that lawsuits claiming unconstitutional taking and loss of property values helped to clarify criteria for regulatory takings (inverse condemnation). He pointed out that the Supreme Court established a three part test for determining whether a regulatory taking is appropriate. The test considers the economic impact on the property owner, the owner's reasonable investment backed expectations, and the character of the regulation. These rules continue to be valid despite the lack of clear definition. Grittman added that regulatory takings are further limited to those with a nexus connection related to the public burden created by the private owner, and roughly proportional in size to the burden. Schumann asked Grittman to explain the regulatory structure involved in land dedication. Grittman pointed out that cities can legally require the dedication of streets and parks and trails by function of subdivision. Cities must have a plan which identifies the streets or parks and trails system and a formula which identifies the share of the burden each individual property places on the system when subdividing or creating new lots. Grittman also distributed a Planning and Zoning Basics report and provided a brief overview of the types of planning issues and actions typically addressed by Planning Commissions. He highlighted information related to meeting conduct and Robert's Rules of Order, Comprehensive Plans, Rezoning and Zoning amendments, Conditional Use Permits, Interim Use Permits, Variances, Findings of Fact, "60 Day Rule ", Subdivisions and Plats, and Planned Unit Developments. 4. Adiournment ALAN HEIDEMANN MOVED TO ADJOURN THE SPECIAL MEETING AT 6:00 PM. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burri Approved: April 7th, 2015 Attest: Angela Schumann, Community Development Director MINUTES MONTICELLO PLANNING COMMISSION Tuesday, March 3rd, 2015 - 6:00 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, Alan Heidemann, Amber Kramer, Sam Murdoff Absent: None Others: Angela Schumann, Ron Hackenmueller, Steve Grittman (NAC), Charlotte Gabler (Council Liaison) 1. Call to order Brad Fyle called the meeting to order at 6:00 p.m. and welcomed Amber Kramer to the Planning Commission. 2. Citizen Comments None 3, Consideration of adding items to the agenda • Agenda • Tour of the City 4. Consideration to approve Planning Commission minutes ALAN HEIDEMANN MOVED TO APPROVE THE FEBRUARY 3RD, 2015 SPECIAL MEETING MINUTES. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5 -0. ALAN HEIDEMANN MOVED TO APPROVE THE FEBRUARY 3RD, 2015 REGULAR MEETING MINUTES. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5 -0. 5. Continued Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1 — Use Table, Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions as related to regulations for Solar Energy Systems Steve Grittman asked that the request be tabled and the public hearing continued as solar issues would continue to change both locally and legislatively in the near future. Sam Murdoff asked if there would be a possibility of setting aside a small section of land for solar arrays within the annexation zone. Grittman explained that staff have been cautious about supporting solar as a principle use due to concerns that this would not generate tax base, population or jobs. He indicated, however, that staff are currently exploring how state programs generate local revenues. Planning Commission Minutes: 3/03/15 Alan Heidemann asked if new legislation would change tax implications. Grittman replied that new legislation might change local government authority. He noted that it is uncertain how the Public Utilities Commission is responding to active permit requests. Fyle asked if the City was under any pressure to make a decision. Grittman pointed out that the City would have to take action related to this issue within 12 months of the November 2014 interim ordinance moratorium. Charlotte Gabler suggested that the Planning Commission and the City Council hold a joint workshop to consider these issues so that all have the same information. LINDA BUCHMANN MOVED TO TABLE ACTION AND CONTINUE THE PUBLIC HEARING PENDING ADDITIONAL INFORMATION. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Public Hearing - Consideration of a request for Amendment to Development Stage Planned Unit Development (PUD) and Preliminary Plat for Hoglund Bus Park, a two lot commercial development in an existing Planned Unit Development District. Applicant: WAG Partners, LLP Grittman summarized that the applicants have asked to amend the Planned Unit Development to recombine six existing parcels into two platted lots. The proposed plat would clarify title issues and allow the owners to separate the real estate holdings of the two principal businesses that occupy the property. The only physical site change proposed is the construction of a chain link fence along the new property line and gates through the fence. Staff outlined specific conditions as noted in Exhibit Z to ensure that approvals and easements will continue as intended. Fyle opened the public hearing. As there were no comments, the hearing was closed. LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -005, RECOMMENDING APPROVAL OF THE PUD AND PRELIMINARY PLAT, BASED ON FINDINGS NOTED THEREIN, AND CONTINGENT ON THE CONDITIONS IDENTIFIED IN EXHIBIT Z. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. EXHIBIT Z PUD Amendment and Preliminary Plat 116 East Oakwood Drive Proposed Legal Description: Lots 1 and 2, Block 1, Hoglund Bus Park 1. Provide additional information requested by Community Development completeness letter of February 6, 2015. 2. Execute a required sidewalk easement adjacent to Oakwood Drive per City Engineer requirements. 2 Planning Commission Minutes: 3/03/15 3. Clarify the definition and extent of the access easements (existing and proposed) along the south boundary of the plat. 4. Verify the vacation of the former Cedar Street alignment along the western edge of the property. 5. Clarify the existence of any cross easement with properties to the west. 6. Verify dedication of right of way for the Thomas Park Drive entrance. 7. Verify actual provision, via proper striping and signing, at least two handicapped parking spaces for each building, per plan. 8. Submission to, and approval of the plat by, MnDOT. 9. Any other comments and recommendations of the City Engineer. Schumann indicated that this item would move forward for consideration at the second City Council meeting in March. 7. Public Hearing — Consideration of an Amendment to Development State Planned Unit Development (PUD) for a single lot commercial development in a B -4 (Regional Business) District. Applicant: MF Monticello, LLC Steve Grittman summarized that this PUD amendment would allow for the construction of a retail mattress sales store proposed to occupy the southern two- thirds of Lot 3, Block 1, Union Crossings Second Addition, reserving the northern one -third of the site for future development. The parcel is located along the east portion of the shopping center property at the Interstate 94 /County Road 18 interchange. Grittman summarized staff concerns and responded to questions related to driveway access, curbing, parking lot configuration, lighting, trash handling management and signage and recommended conditions of approval included as Exhibit Z. Fyle opened the public hearing. Developer Steven Alafazanos, of 2165 Louisa Drive, Belleair Beach, Florida, spoke on behalf of the applicant, MF Monticello, LLC. He said that the original building plan had been revised to accommodate a single tenant when Aspen Dental dropped out. He noted that the building would be constructed using split face block and EFIS. The interior of the building would include an open room to display mattresses. He stated that two of the four panels on the monument sign are designated for Mattress Firm use. He noted that changes to the driveway entrance and parking spaces had already been made to address conditions in Exhibit Z and that they would work with staff to address an overspill lighting issue. Alafazanos indicated that the design for a second tenant hasn't been locked down but that that they may consider incorporating a zero lot line or look at drive through uses. Planning Commission Minutes: 3/03/15 As there were no further comments, the hearing was closed. SAM MURDOFF MOVED TO APPROVE RESOLUTION PC- 2015 -006 RECOMMENDING APPROVAL OF THE PLANNED UNIT DEVELOPMENT AMENDMENT, BASED ON FINDINGS IN SAID RESOLUTION AND CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. Exhibit Z Mattress Firm Planned Unit Development Amendment 1. The applicant clarify and address south -bound traffic on the private drive to avoid access to 7th Street. This issue shall be subject to comment and recommendation by the City Engineer. 2. Curb shall be extended to the limits of the building on the west side, and to include all portions of the proposed parking lot and drive aisles within the project site. 3. Verify that the existing Operations and Easement Agreement (OEA) adequately addresses cross access, utility and maintenance agreements with the abutting property owners to the north and west. 4. Issues with the retaining wall and compact parking to be addressed as suggested in the staff report. 5. Retaining wall materials should be verified to be consistent with materials and color of the principal building. 6. On -site deliveries and pick -up of mattress merchandise shall be allowed only for display purposes, not customer delivery or pick -up, unless an amendment is processed to accommodate loading traffic. 7. The applicant address, to the satisfaction of the City, potential conflicts which could result between trash handling and retail customer vehicles utilizing the same drive aisle, west of the building. The intention of the "RSH" planting reference on the landscape plan schedule be clarified. 9. The submitted lighting plan shall subject to review and approval by the City Building Official for compliance with ordinance lighting requirements. 10. The location, size and design of the all signs upon the subject property shall be consistent with the previously approved master sign plan as applicable. Planning Commission Minutes: 3/03/15 11. Future development upon the subject site (building expansion) shall be subject to the processing of a PUD amendment. 12. Issues related to grading, drainage and utilities shall be subject to review and approval by the City Engineer. Schumann noted that this item would move forward for City Council consideration as a Development and Final Stage PUD at the second Council meeting of the month. 8. Consideration of a request for simple subdivision of one existing parcel resulting in two new buildable parcels an R -2 (Single and Two Family Residence) District. Applicant. Victor Hellman Steve Grittman summarized that the applicant proposed to subdivide a parcel occupied by a single family residence fronting on 4th Street and create two single family lots with frontage on Vine Street. The existing home would continue to access 4th Street and the new parcel would have frontage and access from Vine Street. Grittman said the applicant had requested a simple subdivision with a "metes and bounds" legal description. Grittman pointed out that the existing structure has substandard setbacks which are legal non - conforming conditions. He indicated that these setbacks would not be affected by the subdivision and that no additional non - conforming conditions would be created. Brad Fyle said that he didn't see why the applicant would be obligated to pay park dedication and trunk fees because the parcel was originally two lots and would again be two lots when subdivided. Grittman pointed out that the two original plat lots had been combined into one lot of record and had long operated as a single parcel. Schumann indicated that the fee is required to address the additional demand that subdividing the parcel would place on the park system. She noted that trunk utility charges would not be required as the utility infrastructure is already in place. Fyle asked about how much the fee would cost. Schumann said that state statute requires that the fee be based on the value of the raw land at the time of plat. The fee for the new parcel would be 11 % of half of the county market value. Grittman further explained that 11% of City land is dedicated to parks and that each new plat is required to dedicate 11% in land or land value to ensure that the percentage remains consistent overall. ALAN HEIDEMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -007, RECOMMENDING APPROVAL OF THE SIMPLE SUBDIVISION FOR 624 4TH STREET, BASED ON FINDING IN SAID RESOLUTION AND SUBJECT TO THE CONDITIONS IN EXHIBIT Z. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5 -0. EXHIBIT Z Simple Subdivision 6244 th Street, Lots 9 and 10, Block 22, Monticello (original plat) 5 Planning Commission Minutes: 3/03/15 1. Removal of existing shed from Parcel B prior to the recording of the subdivision. 2. Provide a legal description of required 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. Provision of new utility service extensions from Vine Street in accordance with City utility standards. 6. Compliance with the requirements of the City Engineer regarding easements, grading, drainage, and utilities. Schumann noted that the request would be forwarded to City Council for consideration at the second council meeting of the month. 9. Added items • Agenda — Paper copies of the agenda packet will be made available for pickup at the Community Center counter the Thursday prior to the meeting. • Tour of the City — Commissioners agreed to respond by email to the dates proposed for a scheduled tour of the City with the City Administrator. • Solar Workshop= Staff will determine timing and process for scheduling a joint City Council - Planning Commission workshop to consider solar issues. • Temporary Sign Interim Ordinance Workshop — Staff will schedule a workshop in March or April to consider the Temporary Sign Ordinance. 10. Adiournment ALAN HEIDEMANN MOVED TO ADJOURN THE MEETING AT 7:19 PM. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burri Approved: Attest: Angela Schumann, Community Development Director rel Planning Commission Agenda — 04/07/15 5. Continued Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1— Use Table, Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions as related to regulations for Solar Energy Systems. (NAC) A. Property: Legal: NA Address: NA Planning Case Number: 2014 -054 REFERENCE & BACKGROUND: Request(s): Amendments to the Zoning Ordinance addressing Solar Energy production as principal or accessory uses, and definitions of Essential Services and Utilities as uses in various zoning districts. Deadline for Decision: Land Use Designation: A. ANALYSIS AND STUDY November, 2015 Varies The Planning Commission is asked to table this item to the June meeting of the Planning Commission. During the current legislative session, a number of bills have been introduced which relate to solar energy system regulation, permitting and review authority. With the legislature in session into the month of May, the outcome of any of these bills at this time is unknown. Therefore the impact of any given piece of legislation on the nature or scope of ordinance amendments to comply with statutes is also unknown. At the time the legislative session ends, staff will review relevant enacted legislation and prepare ordinance language within the context of the latest statutes. As an alternative, the Planning Commission could direct staff to separate the solar energy system ordinance development into two distinct areas for ordinance development as follows. 1. Accessory use residential use solar energy systems 2. Accessory or principal use solar energy systems by or within commercial, industrial or civichnstitutional uses or districts The legislation being discussed at present focuses primarily on the second issue area. As such, the Planning Commission could move forward with the residential ordinance Planning Commission Agenda — 04/07/15 analysis and recommendation separately in advance of the larger commercial /industrial solar energy system discussion. B. ALTERNATIVE ACTIONS: Motion to continue the hearing and table action on the amendments to the June meeting of the Planning Commission, pending additional information. 2. Motion to continue the hearing and table action on the amendments to the next regular meeting of the Commission and to direct staff to prepare solar energy system ordinance amendments as related to accessory use solar energy systems in residential districts. 3. Motion of other. C. STAFF RECOMMENDATION: Staff recommends continuing the hearing and tabling of action on the issue. Staff defers to the Commission on whether to proceed with accessory use residential solar energy system amendments as a separate discussion at the next regular meeting. D. SUPPORTING DATA: A. March 3rd, 2015 Update Memorandum — NAC B. January le, 2015 Staff Report and Exhibits C. February 3rd, 2015 Staff Report and Exhibits 2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Monticello Planning Commission FROM: Stephen Grittman DATE: March 3, 2015 RE: Monticello — Solar Energy Generation — Report Update FILE NO: 191.06 — 15.01 At the previous Planning Commission meeting on February 3rd, staff reported to the Commission with additional information that the Commission asked staff to research related to the impacts of Solar Energy generation as a principal use of property. Industry representatives at the public hearing indicated that the solar generation facility would pay a "production" tax, and property used for solar energy would also pay property taxes based on the valuation of the property. The industry representatives also suggested that the City consider an overlay district that would allow solar energy as a principal use. Under this approach, the City could choose to rezone land with the overlay district in locations that may be amenable to the use. Staff continues to investigate this idea, along with other options. In general, staff maintains its concern that solar energy as a principal use of property is not urban in nature, and should not be located within the City's boundaries or identified growth area. Because of the complexity of the solar power issues facing the state and the community, staff is asking that the Planning Commission again table action for 30 days. At this time, legislation is being proposed that may impact how the City views the potential for solar energy production, and the City's approach to its ordinances may impact, or be impacted by, the legislative process. While the City's zoning authority is not likely to be affected by the legislation, there may be strategic reasons to consider other alternatives. Giving the legislative process some time to play out would be beneficial to these decisions. As such, staff asks the Planning Commission to table action on the ordinance until its April meeting for further consideration. Planning Commission Agenda: 1/14/15 6. Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections I — Use Table, Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions as related to regulations for Solar Energy Systems. (NAC) Property: Legal: NA Address: NA Planning Case Number: 2014 -054 A. REFERENCE & BACKGROUND: Request(s): Amendments to the Zoning Ordinance addressing Solar Energy production as principal or accessory uses, and definitions of Essential Services and Utilities as uses in various zoning districts. Deadline for Decision: Land Use Designation: ANALYSIS AND STUDY November, 2015 Varies The material below is presented to provide background and recommendations to the City of Monticello in consideration of potential amendments to its zoning ordinance related to solar energy production, and related aspects of the ordinance to utilities and essential services in the community. I. Solar Ener2y Production a. Background and introduction Over the past several months, the City has been approached with exploratory questions about the establishment of facilities that would generate electrical power through an extensive array of solar panels. These arrays are sometimes referred to as "solar farms ", and can constitute either the sole use of property, complement an existing use, or co -exist side -by -side with an existing use. Although the questions so far have been preliminary and related more to general regulations, rather than specific to certain property, staff became concerned that the current zoning regulations are not clear regarding the classification of this type of use. To better address these questions, staff requested the City Council establish a land use moratorium on principal solar energy uses, giving the City time to Planning Commission Agenda: 1/14/15 study the various aspects of this use, and address some of the concerns related to the current zoning ordinance language. That moratorium was adopted by the City Council on November 2e, 2014. Under the planning laws in Minnesota, the City has 12 months to study the issue and consider changes to its development regulations. Alternative energy production has grown in Minnesota, in part due to a series of state mandates to the largest power producers to meet various thresholds in energy from renewable sources. Accompanying the mandates have been a variety of subsidies and incentives to both producers and consumers that abate or defer different taxes, depending on the program. Recently, the interest in establishing "solar farms" as a principal use of property has become an urban issue. Previously, most urban solar energy production occurred as accessory solar panels attached to individual buildings. In most of those cases, the property owner consumed the energy produced on- site, and in some situations, fed a small amount of energy back to the grid, which the utility company with the distribution territory is obligated to purchase. The high price of urban land — relative to rural land — meant that large solar arrays were unlikely to be proposed in urban areas. With the real estate market crash and slow recovery, those price disparities were minimized, at least temporarily. As such, urban locations have begun to surface as potential solar farm production sites, particularly given their proximity to power substations that result in reduced transmission costs for the producer. Finally, like any technology, continued advancements in efficiency and production cost have made solar energy more appealing to all parties, including both the commercial producers and consumers. As the cost gaps narrow, the environmental appeal of alternative energy is increasing its potential to create new land use issues for local government. All of these factors — mandates, tax incentives, real estate prices, technological advances, and environmental appeal - have combined to push this issue to the forefront. This report is intended to provide a baseline of information for the City to consider how its land use regulations can address potential issues raised by the growth in solar energy production. b. Accessory solar installations Most of the solar installations to this point, particularly within urban areas, have been accessory uses — one or more panels (usually) attached to an existing building, and producing electrical power that is consumed by the 2 Planning Commission Agenda: 1/14/15 occupant of the property. Historically, these installations have been limited to roof - mounted panels or occasionally, a few ground- mounted panels within the open yard spaces on developed property. With the improvements in this technology, it is conceivable that "accessory" installations would grow beyond the historical limits, and raise issues for municipal land use regulation. c. Principal (commercial) solar installations The prospect of solar farms as a principal or sole use of urban property is the issue which generated the moratorium discussion. In these installations, solar energy production would constitute the primary use. For many of the typical installations of this sort, a parcel of between 15 and 25 acres is devoted to solar panel arrays. Such facilities need few, if any, urban services, create little or no on -site employment, and generate no traffic. Some electric generating or distribution organizations (Wright- Hennepin Electric Cooperative is one example) are in the process of establishing solar farm arrays that shareholders may buy into. Wright- Hennepin has two such arrays on its corporate property in Rockford. In this example, a large solar array would not necessarily need to be the sole use of property. Any parcel with a significant amount of unused land could consider solar energy production for commercial purposes as an unrelated ancillary use. IL Political /Environmental /Regulatory Aspects /Objectives a. Energy production objectives As noted previously, there is both a market -based and regulatory -based movement toward alternative or renewable energy generation. One of the incentives for energy producers to now be seeking new locations relates to the requirement of large utilities (such as Xcel) to sell a threshold amount of power from renewable generation sources. Environmental interests have driven the renewable markets, and have been primarily responsible for translating those interests into regulatory mandates. The demand for renewable energy production is not location specific. As such, the question of whether solar farms are an appropriate urban land use is one of land use compatibility and land use policy, not one of environmental or political policy for the City. b. Local Government authority 3 Planning Commission Agenda: 1/14/15 Municipalities have the authority to regulate land uses, with certain limitations that are imposed by the state. Provision of access to sunlight for the purposes of utilizing solar energy is protected by the zoning enabling legislation in Minnesota law. However, local government may still regulate land uses to ensure that its planning objectives are met, in furtherance of the municipal role of protection of public health, safety, and welfare. As such, the City can use its development regulations to manage location, size, extent and intensity of various land uses, and relegate certain land uses to specific districts. In most cases, the City can prohibit land uses when they are incompatible with the City's land use objectives. Provided that the City's regulations promote a legitimate public interest, and are a reasonable means to further that interest, the land use regulations are typically valid. Certain large utility installations are subject to state regulatory authority that can preempt local zoning control. However, one current project, known as the Aurora project by Geronimo Energy, is working on a multi -site distributed solar energy development which includes at least one site in Wright County, among several others around the state. Geronimo expects to seek County and /or Township zoning approvals for those installations. IILLand Use Regulation /Obiectives a. Potential land use issues i. Neighboring property impacts. One of the most common issues addressed by land use regulations are potential impacts of a use on neighboring land uses. Of potential concern with solar farms would be visual glare reflecting from the solar panels, particularly in a large array. For most of the larger projects, it appears that the technology includes an anti- reflective coating on the panels that minimize reflective glare. The panel installations themselves, when ground - mounted, are typically designed to rotate for sun angle, and are between 6 and 10 feet tall. These arrays would typically be visible to adjoining property. ii. Public safety and infrastructure impacts. The facilities generate almost no on -site traffic after construction is complete. Occasional maintenance visits occur, including washing activity. Apart from this, there is no other sanitary sewer or water use from the typical facility. iii. Traffic and utility investment. Because they generate no traffic or municipal utility use, these facilities have the capacity to consume private land that has, for most areas of the City or the nearby Monticello Orderly Annexation Area, been planned for urban development. Because the City's infrastructure investments, along 2 Planning Commission Agenda: 1/14/15 with its economic development objectives, are based on tax base and employment generation, large areas of land devoted to uses that supply neither of these raise questions as to their suitability for urban locations. The City could also expect increases in utility infrastructure costs if it were necessary to extend its utility lines and streets past such areas to continue its development pattern. iv. Employment generation. As noted, facilities of this type generate no permanent employment for the site itself. In some cases, the City is willing to forgo a portion of its property tax revenue when employment generated by a new project meets the economic development objectives of the community. This benefit would not be available from a solar farm use. b. Accessory Use. An Accessory Use, according to the zoning ordinance, is one that is "subordinate and incidental" to the main activity or structure on the site — usually referred to as the "principal" use or structure. Such a use can be subordinate or incidental in size, scope, or impacts on adjoining property. In most cases, an accessory use is considered an activity that is in support of and directly related to the operation of the principal activity on the site. i. Size, Location, Design, etc. Monticello currently permits solar energy installations as accessory structures when attached to other principal uses of property. The code requires such facilities to meet setbacks and height standards applicable to the primary buildings on the site. ii. Building -mount or Ground - mount. Current zoning requirements address solar facilities that are an "integral part" of the structure to which they are attached, with the implication that ground- mounted solar arrays are not permissible under the accessory use regulations. iii. Proportionality. The zoning ordinance does not address the specific amount or proportion of a structure or site that can be occupied by solar facilities and still qualify as an accessory use, although the ordinance states that accessory uses shall be subordinate is size and scope to the principal use. It is conceivable that going forward, adding definition to this allowance would ensure that new solar installations intended to be "accessory" will indeed be "incidental" to the principal use of property. c. Principal Use. The Principal Use of property is the main, or primary, purpose for which land is intended and developed. Principal uses are usually distinguished by size or extent, and almost certainly by impact, from accessory uses. i. Land use regulation goals. When land use plans are prepared and regulations are established, principal uses are those that are the focus of the plans. The City's land use goals are designed to provide for 5 Planning Commission Agenda: 1/14/15 high -return land uses in terms of quality of life to the City's residents. The City has developed a series of economic development goals, supported by the Comprehensive Plan, that incorporate an expectation for good design, diverse lifestyle opportunities, and efficiency in providing governmental services. Land uses that cannot meet these objectives are incompatible with urban development in Monticello. The City acknowledges that various economic activities are necessary to support urban growth, but which may not be compatible with urban development. These uses are more likely to be located in rural areas, and include agriculture and similar uses that do not use urban services. ii. Tax /service impacts. Implicit in the City's urban development objectives is the need to generate property taxes, on which the City relies to deliver services, and the need to regulate land uses in a way that permits the City to deliver those services as efficiently as possible to keep property tax rates as low as possible. Various scenarios can interfere with these goals. One example would be a land use that consumes services at greater rates than others, but which generates taxable value at disproportionately low rates. This would result in spreading the burden of public services to other taxpayers in the City. While a solar farm use does not generate a demand for services, it also creates a relatively low property tax capacity, compared to other land uses. In addition, without using any services, but in a location in the midst of a current or future growing urban area, an unproductive use such as a solar farm requires additional expenditures of City capital to extend services past the unproductive land to farther development. This creates a sprawl impact that raises costs for other taxpayers. IV. Regulation Options. The City has a number of potential options in regulating solar energy production. As noted above, the current regulations specifically permit accessory solar facilities, with limited definition as to how those facilities can be installed on a property. The zoning regulations are silent on solar energy production as a principal use, but various categories of use touch on electrical generation. In all zoning districts, the zoning ordinance allows "Utilities (major)" as a conditional use (Utilities do not specifically include electrical power generation, but include regional or community -wide services that entail the construction of building and "electrical substations "). The provisions related to this class of use state that "An electrical power facility ... shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited." 101 Planning Commission Agenda: 1/14/15 Essential Services are identified in the ordinance as the structures and appurtenances that are necessary to (usually) distribute utility services to the community. Examples are pipelines, poles, wires, cable boxes, and similar structures. These are allowed in all zoning districts as permitted uses. They are defined in the Monticello zoning ordinance at Chapter 8.4. Staff believes that creating better definitions related to "utilities ", as well as "essential services" will add clarity to the ordinance, in addition to language that addresses solar energy production as a separate use. The Planning Commission is asked to provide staff with direction as related to the regulation options outlined below. a. Allow as Both Principal and Accessory Uses i. Permitted /Conditional Use alternatives. The City's zoning regulations can treat solar energy production as a permitted or conditional use, regardless of whether the activity is the principal or accessory use of land. As noted above, the current language allows solar installations as permitted accessory uses — this pattern is appropriate, but would benefit from added clarification as to the limits of what constitutes an "accessory" use in the case of solar power facilities. As a principal use, the activity is not currently allowed, although the code language is not clear as it applies to the types of facilities currently being planned around the state. If the City does prefer to allow solar energy generation as a principal use of land, it would likely require a number of specific standards to be compatible with neighboring urban development, including location and scope. If this approach is considered, it would be best to specify the use as a Conditional Use in specific zoning districts, and identify a minimum set of conditions for consideration. ii. Limits of authority. It is important to note that as a Conditional Use, a specific use is presumed to be acceptable in a given zoning district, subject to compliance with reasonable and applicable conditions designed to mitigate specific impacts created by the use. As such, a Conditional Use Permit is not "deniable" when the applicant can meet the conditions that the City places on the permit. Conditional Use Permits run with the land, and are not time - limited. It is possible to consider this use as an "interim" use, but the City should be cautious in knowing that facilities with such extensive capital costs are not likely to terminate in the foreseeable future. 7 Planning Commission Agenda: 1/14/15 b. Allow as Accessory Use Only. A second option for the City would be to incorporate the clarification changes to the code noted above regarding essential services, solar energy systems as accessory uses, and utilities, and prohibit the principal use of property for solar energy production. Staff believes that this is the intent of the current zoning language, but the current proposals in the market raise concerns that the City's zoning regulations do not adequately address this use in the intended manner. i. Pros /Cons —relative to competing objectives. The advantages of the "accessory use only" approach are as follows: 1. Solar energy production is allowed, but in ways that minimize their impacts to adjoining property. 2. Solar energy farms would not be allowed, thus the issues related to property tax and municipal service extensions would be eliminated. 3. In the event that a user develops a more unique method of creating a solar array as a principal use, that party could approach the City to propose an amendment, and show how that method would offset the City's concerns noted above. The disadvantages of prohibiting solar arrays as principal uses largely relate to the political discussion in that some may suggest that the City is interfering in the ability of consumers to purchase, or utilities to sell, electrical power from alternative generation sources. The City would not be prohibiting solar energy production, but would be identifying solar "farms" as a rural use, rather than an urban one. ii. Potential limitations on size /location /impacts. The City can consider a wide variety of limitations to solar energy arrays as accessory uses, depending on use and zoning district. These may include the following: 1. Generally allow solar arrays as roof - mounted systems, and create a maximum height extension. 2. Ensure that solar arrays are developed to minimize glare, including adequate protective screening or coatings as appropriate. 3. Limit solar arrays to locations that are not visible from the public right of way in residential areas, or require that they are integrated into the design and architecture of the home. 4. Allow ground- mounted solar arrays in the rear yards when such arrays comprise an aggregate area no more than 20% of the size of the principal structure. 5. Allow ground- mounted solar arrays on business and industrial property by Conditional Use Permit, with size limitations related to current accessory building allowances, and in such a Planning Commission Agenda: 1/14/15 way that would not impede principal building or site use expansion. 6. Require that business /industrial ground- mounted systems be allowed only where applicants show that roof - mounted systems are not practical due to building strength /support. 7. Require that accessory buildings related to solar arrays constitute, or are included in, the allowed accessory building construction on the subject property. 8. Include the existing requirements of the City's code, including a requirement that all installations meet height and setback requirements applicable to accessory uses in the underlying zoning district. V. Conclusion /Recommendation The prospect of "solar farm" installations of 5 acres or more has raised an issue for the City in how it regulates solar installations generally, and particularly, in the treatment of solar energy production as a potential principal use of property. This report notes that the intent of the City's zoning has been to allow solar energy facilities as accessory use structures, but with an assumption that electrical generation as a principal use would be more similar to the Xcel generation plant — a tan base and employment - generating facility. To address this concern, the City enacted a development moratorium on solar energy as a permitted use last November, with the understanding that the City would further investigate the issues related to this use and consider amendments to its zoning regulations. Based on the analysis and study, staff is recommending the following amendments: A. Retain the current requirements for Solar Energy Systems in the Zoning Code, Chapter 5.3 (D)(29) for accessory use B. Amend the language in that section to add the requirements suggested in this report, as follows: I. Generally allow solar arrays as roof - mounted systems, and create a maximum height extension. 2. Ensure that solar arrays are developed to minimize glare, including adequate protective screening or coatings as appropriate. 3. Limit solar arrays to locations that are not visible from the public right of way in residential areas, or require that they are integrated into the design and architecture of the home. 6E Planning Commission Agenda: 1/14/15 4. Allow ground- mounted solar arrays in the rear yards when such arrays comprise an aggregate area no more than 20% of the size of the principal structure. 5. Allow ground- mounted solar arrays on business and industrial property by Conditional Use Permit, with size limitations related to current accessory building allowances, and in such a way that would not impede principal building or site use expansion. 6. Require that business /industrial ground- mounted systems be allowed only where applicants show that roof - mounted systems are not practical due to building strength /support. 7. Require that accessory buildings related to solar arrays constitute, or are included in, the allowed accessory building construction on the subject property. 8. Include the existing requirements of the City's code, including a requirement that all installations meet height and setback requirements applicable to accessory uses in the underlying zoning district. C. Clarify the definition of Essential Services to specify that the identified items are support facilities and structures, but not buildings for human use or occupancy. D. Clarify the definition of Utilities -Major to specify that the identified uses listed at (A) Public infrastructure services include buildings or structures that are intended to house human activity. By example, staff would suggest that the definition of this use specifically include a reference to employment and a need for urban services. E. Clarify that solar energy generation is not allowed as a stand- alone, principal use of property, including within definitions. F. Amend the zoning use table (Table 5.1) to specify that Utilities -Major are allowed by CUP only in the I -1, Light Industrial District, I -2, Heavy Industrial District and the B -2, Limited Business District. B. ALTERNATIVE ACTIONS: 1. Motion to continue the public hearing and direct staff to prepare amendments to the Zoning Ordinance as recommended in the staff report of 1/14/15 for consideration at the Planning Commission's next regular meeting. 2. Motion to table action on the issue, pending additional information. C. STAFF RECOMMENDATION: 10 Planning Commission Agenda: 1/14/15 As noted above, staff is recommending a series of amendments to the zoning ordinance, summarized below. With comments and direction from the Planning Commission, staff will prepare those amendments for consideration at the next regular meeting. A. Retain the current requirements for Solar Energy Systems in the Zoning Code, Chapter 5.3 (D)(29) for accessory use. B. Amend the language in that section to add the requirements suggested in this report, as follows: 1. Generally allow solar arrays as roof - mounted systems, and create a maximum height extension. 2. Ensure that solar arrays are developed to minimize glare, including adequate protective screening or coatings as appropriate. 3. Limit solar arrays to locations that are not visible from the public right of way in residential areas, or require that they are integrated into the design and architecture of the home. 4. Allow ground- mounted solar arrays in the rear yards when such arrays comprise an aggregate area no more than 20% of the size of the principal structure. 5. Allow ground- mounted solar arrays on business and industrial property by Conditional Use Permit, with size limitations related to current accessory building allowances, and in such a way that would not impede principal building or site use expansion. 6. Require that business /industrial ground- mounted systems be allowed only where applicants show that roof - mounted systems are not practical due to building strength /support. 7. Require that accessory buildings related to solar arrays constitute, or are included in, the allowed accessory building construction on the subject property. 8. Include the existing requirements of the City's code, including a requirement that all installations meet height and setback requirements applicable to accessory uses in the underlying zoning district. C. Clarify the definition of Essential Services to specify that the identified items are support facilities and structures, but not buildings for human use or occupancy. D. Clarify the definition of Utilities -Major to specify that the identified uses listed at (A) Public infrastructure services include buildings or structures that are intended to house human activity. 11 Planning Commission Agenda: 1/14/15 E. Clarify that solar energy generation is not allowed as a stand- alone, principal use of property. F. Amend the zoning use table (Table 5.1) to specify that Utilities -Major are allowed by CUP only in the I -1, Light Industrial District, I -2, Heavy Industrial District and the B -2, Limited Business District. D. SUPPORTING DATA: A. Monticello Zoning Ordinance, Chapter 5, Sections 1 — Use Table, excerpt B. Monticello Zoning Ordinance, Chapter 5, Section 2 — Use - Specific Standards, excerpt C. Monticello Zoning Ordinance, Section 3 — Accessory Use Standards, excerpt D. Monticello Zoning Ordinance, Chapter 8, Section 4 — Definitions, excerpt E. Selected Data and Background Resources 12 Planning Commission Agenda: 1/14/15 EXHIBIT E Selected Data and Background Resources: League of Minnesota Cities Minnesota Statutes Chapter 216 (Public Utilities Commission) Minnesota Statues Chapter 462.357 (Planning and Land Use /Zoning) Xcel Energy (htip: / /www.xcelenergy .com /Environment/Renewable Energy) Wright - Hennepin Electric Cooperative (http://www.whe.org/for-my- home /products- services /wh -sol ar.html) htlp:Hstmedia. startribune. com/ documents /Geronimo +solar+proposal.pdf htlp: / /www .herald -j oumal.com /fannhorizons /2014 -farm /solar -prof ect.html htlp: / /www.icleiusa. orglbloglget- does - updated - solar- guidebook- for - local - governments htlp: / /www.energy.ca. gov /2009publications/ DOE -1000- 2009 - 032 /DOE -1000- 2009- 032.PDF htlp : / /www.lawofrenewableenergy.com/ 2014 /09 /articles /solarlmn- communi . - solar- arg den - program- approved/ htlp: / /www.mpmews.or /g story /2014 /12/17 /ground- level - solar - htlp: / /ilsr. org/communiiy- solar - gardens - sprouting- minnesota/ htip://mncommunitysolar.com/ htlp : / /icma.org/en /icma/knowledge network / documents /kn/Document/305385 /Solar Poweri ng Your Community Workshop Minneapolis St Paul htlp:Hicma.org/Documents/Document/Document/305385 htlp://greenstep.pca.state.mn.us/modelOrdinances.cfm enstep. pca. state.mn.us /modelOrdinances.cfm http: / /www. revenue .state.mn.us /local gov /prop tax_ admin/Pages/ptamanual.aspx 13 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 1 1 Permitted "I" = Interim Permitted Requirements O A 1 2 N 3 4 H 1 2 3 4 D C 1 2 Agricultural Uses Agricultural Sales Community Gardens 000000000 ■ ■■ � ■1 - 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(Cl(Il 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) 1 Assisted Living Facilities C p C 5.2(D Cemeteries C C C C C C C 5.20(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 5.20(4) Nursing/Convalescent C C C C C C C C C P P 10 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 L2 (D 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 5.20(8) Utilities (major) C C C C C C C C C C C C C C C 5.2(D Office Uses Offices P P C P P P P 5.2(E) City of Monticello Zoning Ordinance Page 309 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 (Fl (41 Bed & Breakfasts C C C C C 5.2 (Fl (51 Boarding House C 5.2 (Fl (61 Business Support Services P P P P P None Commercial Lodging C P P 5.2 (Fl (71 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 5.2U(1 1) Entertainment/Recreation, Indoor Commercial P C C C 5.2(F)(12) Entertain ment/Recreation, Outdoor Commercial C C C C 5.2 ( F )( 13 Financial Institution P C P 5.20(14) Funeral Services P P I I 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 S ite C C 5.20(23) Repair Establishment C P P I 1 1 5.20(24) Restaurants C P P 5.2(F25) Retail Commercial Uses (other) P P P 5.2(F)(26) 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 :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 Base Zoning Districts Conditionally Permitted • "I" = Interim Permitted Industrial Uses Use Types Additional . Auto Repair — Major "P" = Permitted Conditionally . Exceptions Additional Requirements F-1 "I" = Interim Permitted Commercial Day Care C F-2 C C L C none I 5.2(F(I I P P 5.2(Gl(Il Bulk Fuel Sales and Storage C none 5.2(F1(71 Commercial Offices — Principal C P P C L -2: NA first floor, 5.2(F) (1 9) P P 5.2(Gl(21 Contractor's Yard, Temporary Commercial Recreation: Indoor P P C C none 5.2(F(12� Commercial Recreation: C C none I I 5.2(G)(3) Extraction of Materials I Convenience Retail C P* C C *F -2 Drive Through by CUP 5.2(Fl(91 Funeral Services I I 5.2(G1(41 General Warehousing 5.2(F 15� C C P P 5.2(G)(5) Heavy Manufacturing C 5.2(Gl(61 Industrial Services C P None Land Reclamation C C C C C C C C C C C C C C C 5.2(G1(71 Light Manufacturing P P P 5.2(Gl(81 Machinery /Truck Repair & Sales P P 5.2(Gl(9l Recycling and Salvage Center C C 5.2(G (10� Self- Storage Facilities P C P 5.2(G (1 1� Truck or Freight Terminal C P P 5.2(�(12� Waste Disposal & Incineration C 5.2(�(13� Wrecker Services C P 5.2(�(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(F1(71 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(Fl(91 Funeral Services C C none 5.2(F 15� City of Monticello Zoning Ordinance Page 3 1 1 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 C Sub-Districts P P P Exceptions L -2: NA first floor, CUP upper floors Additional Requirements 5.2(F) (18) Personal Services P P P P L -2: NA first floor, CUP upper floors L -3: CUP 5.2(F)(21 ) Places of Public Assembly C C C C none 5.2(F�(22� Professional Office - Services Including Financial Institutions P P P C L -2: NA first floor, CUP upper floors 5.2(F)(14) 5.2(F�(20� Restaurants, Bars < 10,000 SF P P C C none 5.2(F)(25) Restaurants, Bars > 10,000 SF P C C none 5.2(F)(25) Retail Sales < 10,000 SF P P C C none 5.2(F�(26� Retail Sales > 10,000 SF P C C none 5.2(F�(26� Retail with Service P C C L -2: NA first floor, CUP upper floors 5.2(F)(26) Specialty Eating Establishments < 10,000 SF P* P* C* P* *Drive Through by CUP 5.20(27). Vehicle Fuel Sales C C C 5.2(F 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 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use - Specific Standards Subsection (F) Regulations for Commercial Uses (9) Utilities (major) (a) An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited. (b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in this ordinance. (E) Regulations for Office Uses (1) Outdoor storage shall be prohibited. (2) Buildings or structures with less than 51 percent of office space shall not be classified as an office use and shall be regulated by the other use of the structure. (3) If in the B -1 district, the following shall apply: (a) The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area. (b) The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood. (c) The provisions of this ordinance are considered and satisfactorily met. (d) The site shall conform to signage requirements provided under Section 4.5 of this Code. (e) The site shall conform to lighting requirements as provided in this ordinance. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (F) Regulations for Commercial Uses (1) Reserved (2) Auction House (a) The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Page 326 City of Monticello Zoning Ordinance Section 8.4: Definition of "accessory" Section 8.4: Definition of "use" Section 5.3(B): General Standards and Limitations for Accessory Uses and Structures Section 5.30): Specific Standards for Certain Accessory Uses Section 2.4(H): Appeal o Administrative Decisions CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (C) Table of Permitted Accessory Uses (1) Listed Accessory Uses Table 5 -4, lists the allowed types of accessory uses and structures within each zoning district. If a specific accessory use is allowed in a district, the column underneath the district is marked with a "P." If a specific accessory use is conditionally permitted in a district, the column underneath the district is marked with a "C." If the accessory use or structure is not allowed in a district, the column is shaded. If there is a reference contained in the column entitled "Additional Requirements ", refer to the cited section(s) for additional standards that apply to the specific accessory use. (2) Interpretation of Unidentified Accessory Uses (a) The Community Development Department shall evaluate applications for accessory uses that are not identified in Table 5 -4 on a case -by -case basis using the following standards: (i) The definition of "accessory use" (see Section 8.4 — Definitions) and the general accessory use standards and limitations established in Section 5.3(B); (ii) The additional regulations for specific accessory uses established in Section 5.3(D), Specific Standards for Certain Accessory uses; (iii) The purpose and intent of the base and overlay districts in which the accessory use or structure is located; (iv) Any potential adverse impacts the accessory use or structure may have on other lands in the area as compared to other accessory uses permitted in the district; and (v) The compatibility of the accessory use or structure, including the structure in which it is housed (if applicable), with other principal and accessory uses permitted in the district. (b) The decision of the Community Development Department to permit or deny an unlisted use or structure is final, but may be appealed pursuant to Section 2.4(H). City of Monticello Zoning Ordinance Page 355 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (3) Table of Permitted Accessory Uses and Structures TABLE 5-4: ACCESSORY Use Types Base Zoning Districts Conditionally Additional Permitted "I" = Interim Permitted • . Accessory Dwelling Unit P P P P P 5,3(D1(11 Accessory Building — P P P P P P P P P P P P P P P P minor (<— 120 square feet) 5.3(Dl(21 Accessory Building — P P P P P P P C P P P P P P P P major (> 120 square feet) 5.3(D1(31 Adult Use — accessory C 5.3(Dl(4l Agricultural Buildings P 5,3(D)(5) Automated Teller P P P P P P P P Machines (ATMs) 5.3(D)(6) Automobile Repair — C Major 5.3(Dl(7l Automobile Repair — C Minor 5.3(Dl(8l Boarder(s) P P P 5,3(D1(91 Co- located Wireless Telecommunications C C C C C C C C C C C C C C C C Antennae 4.13(El Commercial Canopies P P P P P P P P 5.3(D Commercial Transmission/ Reception Antennae/ C C C C C C Structures 44.13 DQ Donation Drop -off P P Containers 5.3(D(II) Drive - Through Services P P P C P P P 5.3Q 12) Entertain me nt/Rec reatio n C C C C — Outdoor Commercial 5.3Q 13) Fences or Walls P P P P P P P P P P P P P P P P 4.3 Greenhouse /Conservatory P P P P P P P P P P P P P P P P (non - commercial) 5.3(D l 4) Heliports C C C C C 5.3Q 15) Home Occupations P P P P P P P P P P 5.3Q 16) Indoor Food / P P P P P P P P Convenience Sales 5.3(D Indoor Storage P P P P P P L3 (D 8) Incidental Light P P P P P P P P Manufacturing 5.3Q 19) Machinery /Trucking C Repair & Sales 5.3Q 20) Office P P P P P P none Off - street Loading Space P P C P P P P P P P 4_9 Page 356 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses TABLE 5-4: ACCESSORY Use Types Base Zoning Districts Conditionally Additional Permitted "I" = Interim Permitted • . Off - street Parking p p p p p p p p p p p p p p p I p 4.8 Open Sales P P P P P P P C C C 5.3(D Operation and storage of agricultural vehicles, P 5.30(22) equipment, and machinery Outdoor Sidewalk Sales & p p p p p p p p 5.3(D)(23) Display (businesses) Outdoor Storage P P P P P P P P P P C C C P P 5.3Q 24) Park Facility Buildings & P P P P P P P P P P p p p p p p 5.30(25) Structures (public) Private Amateur Radio p p p p p p p p p p p p p p p P 1 4.13(6) Private Receiving Antennae and Antenna P P P P P P P P P P P P P P P P 4.13(C) Support Structures Retail Sales of Goods (as part of an office or P P P P P P C C 5.30(26) industrial use) Shelters (Storm or P P P P P P P P P P p p p p p p 5.30(27) Fallout) Sign(s) P P P P P P P P P P P P P P P P 5.3Q 28) Solar Energy System P P P P P P P P P P P P P P P P I 5.3(D)(29) Swimming Pool p p p p p p p p p p p p p p P P 5.3Q 30) Large Trash Handling and P P P P P P p p p p p p 5.30(31) Recycling Collection Area Wind Energy Conversion C C C C C 5.3(D)(32) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(33) System, Non - commercial Wireless 1.3(E Telecommunications C C C C C C C 4.3(Fl Support Structures (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Dwelling (a) Accessory dwelling units are permitted only on lots with single - family detached dwellings. (b) No more than one accessory dwelling unit per lot is permitted. City of Monticello Zoning Ordinance Page 357 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses (c) Access. The building where such use is located is one having direct access to a collector or arterial level street without the necessity of using residential streets. (d) Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The provisions of this section are considered and satisfactorily met. (27) Shelters (Storm or Fallout) Storm and fallout shelters shall not alter the character of the premises with respect to the primary use as permitted in the district. (28) Sign(s) All signs within the City shall comply with the finishing standards contained in Section 4.5: Signs Section 4.5, Signs. (29) Solar Energy Systems (a) All solar energy systems shall be operable and maintained in good repair. (b) Solar energy systems shall meet all required setbacks and height requirements of the underlying zoning district. (c) Solar energy systems shall be an integral part of the structure to which they are attached. (d) As a means of evidencing existing solar access conditions prior to installation, the owner of a solar energy system may file notarized photographs of the subject area with the Community Development Department prior to installation of said system. (30) Swimming Pools (a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24 inches in depth must be fenced in accordance with the provisions of Section 5.3(D)(29)(b) below. (b) Residential swimming pool fences shall be constructed as follows: (i) Residential swimming pool fences must be at least 48 inches in height. The fence must not permit the passage of a 4 -inch sphere through openings in the fence. Fences must be constructed of durable, corrosion - and decay- resistive materials. Openings below the fence to grade must not exceed 4 inches. Page 374 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, a golf driving range, sand volleyball courts, go -carts, or a miniature golf course. This use does not include projectile weapon ranges (archery or shooting),a stadium or a drive -in movie theater. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. EROSION CONTROL: A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR: A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. EXTRACTION OF MATERIALS: the development or extraction of a natural resource in excess of four hundred (400) cubic yards from its natural occurrences on affected land without processing. EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the year. EXISTING TREE CANOPY: The crowns of all healthy self - supporting canopy trees with a diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper size of four inches or greater at breast height. Page 426 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON - COMMERCIAL: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions. [See Section 4.1 H SHOPPING CENTER: An integrated grouping of commercial stores under single ownership or control. See also "RETAIL COMMERCIAL USES" SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees. SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun. SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy -using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar- generated energy. SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and bakeries. STABILIZATION / STABILIZED: The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STABLE: A building in which horses are sheltered; may be accessory to a residential or other use or a freestanding principal use. START OF CONSTRUCTION: The first land- disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; City of Monticello Zoning Ordinance Page 449 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the accumulation, storage and pick -up of refuse and recyclable material associated with multi- family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single family dwellings, or townhome units which do not utilize a communal location for trash and recycling. TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more. TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons. TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this ordinance. TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30 feet. TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the tree's dripline. TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large dumpsters or compactors used to temporarily store trash and recycling materials prior to a regularly scheduled pick up. Such facilities are typically associated with multi - family buildings of more than four units, commercial operations and industrial sites. TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30 feet. UPLAND: Means all lands at an elevation above the ordinary high water mark. USE: The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this ordinance. i a6c City of Monticello Zoning Ordinance Planning Commission Agenda — 02/03/15 5. Continued Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1— Use Table, Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions as related to regulations for Solar Energy Systems. (NAC) Property: Legal: NA Address: NA Planning Case Number: 2014 -054 A. REFERENCE & BACKGROUND: Request(s): Amendments to the Zoning Ordinance addressing Solar Energy production as principal or accessory uses, and definitions of Essential Services and Utilities as uses in various zoning districts. Deadline for Decision: November, 2015 Land Use Designation: Varies ANALYSIS AND STUDY At the January 14, 2015 Planning Commission meeting, the Commission reviewed the staff report on Solar Energy Systems which was designed to respond to the moratorium ordinance passed by the City Council in November of 2014. The Commission also heard from members of the public, which included representatives of the Solar Energy generation industry. The Commission raised a number of questions and issues related to the staff proposal, eventually tabling action on the proposals, requesting that staff research issues noted by Commission members, continuing the public hearing and prepare a draft ordinance for review at the February meeting. Attached to this report is an update memorandum which is intended to address the Commissions questions. Also attached is a draft ordinance which would enact the recommendations of staff in treating Solar Energy Systems as an accessory use, and developing regulations for such uses. In addition, the draft ordinance adds material to the definitions of Essential Services, Utilities- major, and Solar Energy Systems to clarify the description and intent of each category of land use. B. ALTERNATIVE ACTIONS: Motion to adopt Resolution No. PC- 2015 -003, recommending that the City Council adopt the proposed Ordinance No. 613 regulating Solar Energy Systems Planning Commission Agenda — 02/03/15 and related material. Findings supporting the resolution are included in the resolution document. 2. Motion to deny adoption of Resolution No. PC- 2015 -003, based on findings identified by the Commission following the public hearing. 3. Motion to table action on the issue, pending additional information. C. STAFF RECOMMENDATION: As noted previously, staff is recommending a series of amendments to the zoning ordinance, summarized below. With comments and direction from the Planning Commission, staff had prepared those amendments for consideration in the attached draft Ordinance. A. Retain the current requirements for Solar Energy Systems in the Zoning Code, Chapter 5.3 (D)(29) for accessory use B. Amend the language in that section to add the requirements suggested in this report, as follows: 1. Generally allow solar arrays as roof - mounted systems, and create a maximum height extension. 2. Ensure that solar arrays are developed to minimize glare, including adequate protective screening or coatings as appropriate. 3. Limit solar arrays to locations that are not visible from the public right of way in residential areas, or require that they are integrated into the design and architecture of the home. 4. Allow ground- mounted solar arrays in the rear yards when such arrays comprise an aggregate area no more than 20% of the size of the principal structure. 5. Allow ground- mounted solar arrays on business and industrial property by Conditional Use Permit, with size limitations related to current accessory building allowances, and in such a way that would not impede principal building or site use expansion. 6. Require that business /industrial ground- mounted systems be allowed only where applicants show that roof - mounted systems are not practical due to building strength /support. 7. Require that accessory buildings related to solar arrays constitute, or are included in, the allowed accessory building construction on the subject property. 8. Include the existing requirements of the City's code, including a requirement that all installations meet height and setback 2 Planning Commission Agenda — 02/03/15 requirements applicable to accessory uses in the underlying zoning district. C. Clarify the definition of Essential Services to specify that the identified items are support facilities and structures, but not buildings for human use or occupancy. D. Clarify the definition of Utilities -Major to specify that the identified uses listed at (A) Public infrastructure services include buildings or structures that are intended to house human activity. E. Clarify that solar energy generation is not allowed as a stand- alone, principal use of property. F. Amend the zoning use table (Table 5.1) to specify that Utilities -Major are allowed by CUP only in the I -1, Light Industrial District, I -2, Heavy Industrial District and the B -2, Limited Business District. Staff's recommendation is based on the findings in said resolution. D. SUPPORTING DATA: A. Resolution No. PC- 2015 -003 B. Ordinance No. 613, Draft C. Update Memorandum — NAC D. Monticello Zoning Ordinance, Excerpts 3 CITY OF MONTICELLO PLANNING COMMISSION WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. PC- 2015 -003 Motion By: Seconded By: RECOMMENDING ADOPTION OF AMENDMENTS TO THE MONTICELLO ZONING ORDINANCE, CHAPTER 5, SECTIONS 1— USE TABLE, SECTION 2 — USE- SPECIFIC STANDARDS AND SECTION 3 — ACCESSORY USE STANDARDS AND CHAPTER 8, SECTION 4 — DEFINITIONS AS RELATED TO REGULATIONS FOR SOLAR ENERGY SYSTEMS WHEREAS, the City of Monticello has been presented with an interest in the development of Solar Energy Systems as stand -alone uses of property; and WHEREAS, interest in such development has occurred both within City boundaries and within the Monticello Orderly Annexation Area (MOAA); and WHEREAS, the City, and the surrounding MOAA, has been planned for urban development, including the generation of employment, housing, and other urban uses; and WHEREAS, urban development both generates costs for services, as well as taxes and fees that are designed to pay for said services; and WHEREAS, the long -term planning for the City and the MOAA has been undertaken to ensure that the City's growth can be accomplished in a fiscally sound manner; and WHEREAS, the City conducts said planning pursuant to Minnesota Statutes Chapter 462, which identifies economic development and fiscal planning as important goals of managing land use and growth; and WHEREAS, the City finds that large areas of land which may not generate urban development or impacts is inconsistent with the long -term land use and infrastructure planning of the City; and WHEREAS, Solar Energy Systems, as a stand -alone use of property does not constitute an urban use nor generate urban impacts; and WHEREAS, Solar Energy Systems developed as sole uses of property interfere with the City's planning for urban development; and WHEREAS, Solar Energy Systems are beneficial in meeting the State's energy needs; and CITY OF MONTICELLO PLANNING COMMISSION WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. PC- 2015 -003 WHEREAS, Solar Energy Systems can compatibly co -exist with other urban development when constructed as accessory structures; an WHEREAS, the Planning Commission held a public hearing on January 14, 2015 and February 3, 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. Solar Energy Systems are best developed in the urban area of Monticello, or in the future urban area of the MOAA, as accessory structures to other principal uses of property. 2. Solar Energy Systems, as stand -alone land uses, are more typical of rural uses in that they generate low rates of property tax, and little or no trunk infrastructure fees, traffic, housing, or employment. 3. Solar Energy Systems are designed to stand as long -term uses of land — typically 25 years or more. 4. Such uses are inconsistent with the City's planning for urban growth, and threaten the financial feasibility of long -term infrastructure investments. 5. Such uses, if located in urban areas, result in the spreading of infrastructure costs over other land uses and property owners. 6. Such uses, if located in urban areas, have the effect of increasing sprawl, spreading development over a larger geographic region. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission recommends that the City Council adopts Ordinance No. 613. 2 CITY OF MONTICELLO PLANNING COMMISSION WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. PC- 2015 -003 ADOPTED this 3rd day of February 2015, by the Planning Commission of the City of Monticello, Minnesota. R-A ATTEST: MONTICELLO PLANNING COMMISSION Brad Fyle, Chair Angela Schumann, Community Development Director 3 ORDINANCE NO. 613 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, ADDRESSING THE FOLLOWING: • REVISE CHAPTER 5, TABLE 5 -1, USES BY DISTRICT RELATING TO UTILITIES -MAJOR • REVISE CHAPTER 5, TABLE 5 -4, ACCESSORY USES RELATING TO • REVISE CHAPTER 5, SECTION 2(D)(9) RELATING TO UTILITIES • REVISE CHAPTER 5, SECTION 3(D)(29) RELATING TO SOLAR ENERGY SYSTEMS AS ACCESSORY USES • REVISE CHAPTER 8, SECTION 4, DEFINITIONS RELATING TO ESSENTIAL SERVICES, SOLAR ENERGY SYSTEMS, AND UTILITIES THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Chapter 5, Table 5 -1, Civic and Institutional Uses is hereby amended as follows: Utilities (major) shall be a Conditional Use (C) in the B -2, I -1, and 1 -2 Districts. In all other Districts, Utilities (major) shall be deleted as an allowable use. Section 2. Chapter 5, Table 5 -4, Solar Energy System, is hereby amended as follows: Solar Energy System shall be a Permitted Accessory Use (P) in all zoning districts, with Additional Requirements found in 5.3(D)(29)(a) and 5.3(D)(29)(b) Section 3. Chapter 5, Section 2(D)(9) is hereby amended to read as follows: (9) Utilities (major) (a) An electrical power facility, substation, or transmission station as a principal use of property shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited. (b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in this ordinance. (c) All Solar Energy Systems shall be allowed only as Accessory Uses, subiect to the conditions listed in Chapter 5.3(1))(29)(a) and 5.3(0)(29)(b) as applicable. Section 4. Chapter 5, Section 3(D)(29) is hereby amended to read as follows: (29) Solar Energy Systems (a) Solar Energy Systems All solar energy systems shall be operable and maintained in good repair. ii Solar energy systems shall meet all required setbacks and height requirements of the underlying zoning district. Solar energy systems shall be an integral part of the structure to which they are attached. iv As a means of evidencing existing solar access conditions prior to installation, the owner of a solar energy system may file notarized photographs of the subject area with the Community Development Department prior to installation of said system. 0) Solar energy systems shall be allowed on roofs of principal and accessory buildings, provided other requirements of this section are met. vi Solar energy systems shall be designed to minimize glare with adequate screening and/or coatings, as appropriate. vii Solar energy systems shall be located in such a way as to be screened from visibility of the public right of way, or shall be integrated into the architecture of the structure so as to be visually inconspicuous. viii Ground - mounted solar energy systems shall be located only in the rear yard of residential property, and shall not occupy an area more than 20% of the size of the perimeter foundation of the principal buildinz (b) Solar Energy Systems in Business (B) and Industrial (I) districts and the CCD District. (i) Solar Energy Systems in the B, I, and CCD Districts shall comply with the provisions of Section 5.30(29)(a) (i) through (vi). ii Roof-mounted Solar Energy Systems in these districts shall be allowed as permitted accessory uses on principal and accessory buildings, provided such systems do not extend more than six (6) feet above the height of the roof where thev are mounted. Ground mounted Solar Energy Systems in these districts shall be allowed by Conditional Use Permit, and together with accessory buildings, shall not exceed an area of any parcel greater than that allowed for accessory buildings in the applicable zone. iv Ground mounted Solar Energy Systems in these districts shall be allowed only when the property owner can show that roof-mounted systems are not feasible due to building structural issues. 2 Section 5. Chapter 8, Section 4 (Definitions) is hereby amended to include the following terms as defined, or redefined: ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. Essential Services do not include buildings or uses that include human occupancy or activity beyond occasional service or maintenance. SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy -using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar - generated energy. Solar Enerzy Systems are allowed only as accessory structures in any zoning district, subject to the requirements of Chapter 5.3 of this Ordinance. UTILITIES — MAJOR: Major utilities shall include the following: (A) Public infrastructure services providing regional or community -wide service that have regular employees on site during common working hours, and entail the construction of new buildings or structures such as waste treatment plants, potable water treatment plants, and solid waste facilities, and eleetfi soh- s t_Ati_EWcS. (B) Commercial wind energy conversion systems (public or private). (C) Electrical substations. Section 6. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 7. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete Ordinance are available online and at Monticello City Hall for examination upon request. Brian Stumpf, Mayor ATTEST: Jeff O'Neill, Administrator AYES: NAYS: NORTHWEST ASSOCIATED CONSULTANTS, INC. 4840 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Monticello Planning Commission FROM: Stephen Grittman DATE: January 28, 2015 RE: Monticello — Solar Energy Generation — Report Update FILE NO: 191.06 — 15.01 At the January 13th Planning Commission meeting, the Commission asked staff to research some additional information related to the impacts of Solar Energy generation as a principal use of property. Industry representatives at the public hearing indicated that the solar generation facility would pay a "production" tax, and property used for solar energy would also pay property taxes based on the valuation of the property. Employment/Housing /Property Tax Generation. Solar Farm. In recent conversations with representatives of one such company, it was indicated that on a 600 acre facility generating more than 50 Megawatts, they would expect to pay $283,000 per year in property taxes, about $475 per acre. The City's share of this tax payment would be about one fourth, with the rest going primarily to the County and School District. They further identify a production tax paid by the facility of about $125,000, or around $210 per acre, 20% of which would flow to the City. Between property and production taxes, the facility would be expected to generate about $685 per acre, with around $165 of that flowing to the City each year. Retail Comparison. On a 25 acre commercial site, the property tax generated by a retail facility (such as Walmart) pays more than $445,000 in property taxes — about $16,500 per acre each year, again with about 25 %, or approximately $4,125 of this flowing to the City of Monticello. The City would expect an employment generation from this type of development of nearly 400 jobs, more than 15 jobs per developed acre of land. Residential Comparison. A typical single family residential development on a 25 acre parcel would likely have a capacity of about 60 dwelling units. At an average value of $250,000 per homestead, the tax generation on this parcel would be around $200,000, or about $7,850 per acre per year. The City's share of property taxes for this development would be just under $2,000 per acre. Industrial Comparison. An industrial development on 25 acres would be similar to 3 Dahlheimer Distributing facilities. This would yield market values of nearly $10,000,000 and property tax generation of about $350,000 annually — about $14,000 per acre (City share equal to $3,500 or so). It would be expected that employment would be about 10 jobs per developed acre for an industrial project on 25 acres of land. Related Issues. Trunk Fees. Other considerations include the cost of providing trunk sanitary sewer, water, and stormwater control to newly developing property. When property develops, the City collects approximately $9,000 - $10,000 per acre (variable depending on the type of use, and development density) to cover the cost of trunk utility services. Those revenues are used to provide main line services, as well as treatment plant construction, water wells, and common storm ponds. Staff's concern is that large solar arrays will require spreading trunk facilities over a larger area, since the solar arrays would neither use these facilities, nor pay for access. Interchange Planning. With regard to a larger facility that is being contemplated for the Silver Springs project, this project is currently not in the City's boundaries, although it is in the Monticello Orderly Annexation Area (MOAA), and within the West 1 -94 Interchange study area. The interchange study area consists of loosely 1,000 acres of developable land, for which the City would look for both trunk funds as noted above, and interchange construction assessments of a similar amount per acre. In order to serve the area with these facilities, the amount of developable land in the area nearest the future interchange, both residential and commercial /industrial, is key to making the finances work. Losing 400 - 600 acres — more than 40% of the available land area - would create a significant threat to the financial feasibility of those improvements. It should be noted that for the Silver Springs example, the power generating capacity exceeds 50 Megawatts, putting it in the jurisdictional realm of the Minnesota Public Utilities Commission (PUC). Within the City limits, most of the smaller (25 acre ±) facilities would generate less than 5 Megawatts, well under the PUC threshold. Urban vs. Rural. Finally, it is important to note that the City's proposed ordinance is not intended to interfere with the State's interest in alternative energy. Rather, it is intended to clarify the distinction between urban and rural land uses. Solar energy facilities are uniquely rural, in that they consume large areas of land, but generate no need for urban services such as sanitary sewer, water, or other City services. Nor do they generate employment in the community. Further, they do not create opportunities for housing — important in support of both commercial business and employment pools for industry. The primary siting consideration for solar facilities is access to transmission connection points, that is, proximity to "inter- connect" locations along power transmission lines. Those points can be virtually anywhere, and are likely more prominent in rural locations. It is also important to distinguish a solar power generation facility from other agriculture which is sometimes seen within City boundaries. Farming activities within the City are most often holding uses pending development. The agricultural use is seasonal, and could be in place one year, replaced by urban uses the next. Solar generation, however, is a long -term use — at least 25 years in the current examples, and likely longer provided the facilities continue to meet State mandated requirements. Summary. In summary, while solar generation facilities are important to meet power supply requirements of state law, the issue for the City is not one of state energy or environmental policy, but one of local land use policy, local community fiscal health, and long -term economic development growth. While it is true that solar power generation on a large scale, as a principal use of land, generates no demand on the City's service provision, it also occupies land that has been planned for service, and thus the fees and taxes that would be generated from development on that land. The City's growth area boundary exists as a result of extensive planning, not to mention long and detailed negotiation with Monticello Township to define the growth limits and terms. While a solar facility would pay some taxes, the tax generation is an insignificant amount per acre compared to urban development — between 4 and 8 percent of the taxes generated by urban uses. In addition, trunk fees and other assessments necessary to pay for community -wide infrastructure facilities (such as wastewater treatment, water wells and trunk lines, as well as major roadways and interchanges) must then be spread to other City properties and taxpayers when a use such as a solar farm is developed on a large scale. This increased burden to others is a real cost, and can make future growth opportunities either more expensive, or even fiscally impossible. Removal of significant portions of the planned urban area from the City's land inventory disrupts the fiscal planning already done for those areas, has the potential for wasting infrastructure already in place to serve future development, and results in a sprawling effect on the eventual development area of the City by spreading the same amount of development out over a larger area. Staff continues to recommend adoption of an ordinance that would prohibit solar energy production as a principal use, allowing it instead as an accessory use in all districts. 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 1 1 Permitted "I" = Interim Permitted Requirements O A 1 2 N 3 4 H 1 2 3 4 D C 1 2 Agricultural Uses Agricultural Sales Community Gardens 000000000 ■ ■■ � ■1 - 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(Cl(Il 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) 1 Assisted Living Facilities C p C 5.2(D Cemeteries C C C C C C C 5.20(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 5.20(4) Nursing/Convalescent C C C C C C C C C P P 10 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 L2 (D 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 5.20(8) Utilities (major) C C C C C C C C C C C C C C C 5.2(D Office Uses Offices P P C P P P P 5.2(E) City of Monticello Zoning Ordinance Page 309 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 (Fl (41 Bed & Breakfasts C C C C C 5.2 (Fl (51 Boarding House C 5.2 (Fl (61 Business Support Services P P P P P None Commercial Lodging C P P 5.2 (Fl (71 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 5.2U(1 1) Entertainment/Recreation, Indoor Commercial P C C C 5.2(F)(12) Entertain ment/Recreation, Outdoor Commercial C C C C 5.2 ( F )( 13 Financial Institution P C P 5.20(14) Funeral Services P P I I 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 S ite C C 5.20(23) Repair Establishment C P P I 1 1 5.20(24) Restaurants C P P 5.2(F25) Retail Commercial Uses (other) P P P 5.2(F)(26) 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 :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 Base Zoning Districts Conditionally Permitted • "I" = Interim Permitted Industrial Uses Use Types Additional . Auto Repair — Major "P" = Permitted Conditionally . Exceptions Additional Requirements F-1 "I" = Interim Permitted Commercial Day Care C F-2 C C L C none I 5.2(F(I I P P 5.2(Gl(Il Bulk Fuel Sales and Storage C none 5.2(F1(71 Commercial Offices — Principal C P P C L -2: NA first floor, 5.2(F) (1 9) P P 5.2(Gl(21 Contractor's Yard, Temporary Commercial Recreation: Indoor P P C C none 5.2(F(12� Commercial Recreation: C C none I I 5.2(G)(3) Extraction of Materials I Convenience Retail C P* C C *F -2 Drive Through by CUP 5.2(Fl(91 Funeral Services I I 5.2(G1(41 General Warehousing 5.2(F 15� C C P P 5.2(G)(5) Heavy Manufacturing C 5.2(Gl(61 Industrial Services C P None Land Reclamation C C C C C C C C C C C C C C C 5.2(G1(71 Light Manufacturing P P P 5.2(Gl(81 Machinery /Truck Repair & Sales P P 5.2(Gl(9l Recycling and Salvage Center C C 5.2(G (10� Self- Storage Facilities P C P 5.2(G (1 1� Truck or Freight Terminal C P P 5.2(�(12� Waste Disposal & Incineration C 5.2(�(13� Wrecker Services C P 5.2(�(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(F1(71 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(Fl(91 Funeral Services C C none 5.2(F 15� City of Monticello Zoning Ordinance Page 3 1 1 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 C Sub-Districts P P P Exceptions L -2: NA first floor, CUP upper floors Additional Requirements 5.2(F) (18) Personal Services P P P P L -2: NA first floor, CUP upper floors L -3: CUP 5.2(F)(21 ) Places of Public Assembly C C C C none 5.2(F�(22� Professional Office - Services Including Financial Institutions P P P C L -2: NA first floor, CUP upper floors 5.2(F)(14) 5.2(F�(20� Restaurants, Bars < 10,000 SF P P C C none 5.2(F)(25) Restaurants, Bars > 10,000 SF P C C none 5.2(F)(25) Retail Sales < 10,000 SF P P C C none 5.2(F�(26� Retail Sales > 10,000 SF P C C none 5.2(F�(26� Retail with Service P C C L -2: NA first floor, CUP upper floors 5.2(F)(26) Specialty Eating Establishments < 10,000 SF P* P* C* P* *Drive Through by CUP 5.20(27). Vehicle Fuel Sales C C C 5.2(F 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 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use - Specific Standards Subsection (F) Regulations for Commercial Uses (9) Utilities (major) (a) An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited. (b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in this ordinance. (E) Regulations for Office Uses (1) Outdoor storage shall be prohibited. (2) Buildings or structures with less than 51 percent of office space shall not be classified as an office use and shall be regulated by the other use of the structure. (3) If in the B -1 district, the following shall apply: (a) The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area. (b) The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood. (c) The provisions of this ordinance are considered and satisfactorily met. (d) The site shall conform to signage requirements provided under Section 4.5 of this Code. (e) The site shall conform to lighting requirements as provided in this ordinance. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (F) Regulations for Commercial Uses (1) Reserved (2) Auction House (a) The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Page 326 City of Monticello Zoning Ordinance Section 8.4: Definition of "accessory" Section 8.4: Definition of "use" Section 5.3(B): General Standards and Limitations for Accessory Uses and Structures Section 5.30): Specific Standards for Certain Accessory Uses Section 2.4(H): Appeal o Administrative Decisions CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (C) Table of Permitted Accessory Uses (1) Listed Accessory Uses Table 5 -4, lists the allowed types of accessory uses and structures within each zoning district. If a specific accessory use is allowed in a district, the column underneath the district is marked with a "P." If a specific accessory use is conditionally permitted in a district, the column underneath the district is marked with a "C." If the accessory use or structure is not allowed in a district, the column is shaded. If there is a reference contained in the column entitled "Additional Requirements ", refer to the cited section(s) for additional standards that apply to the specific accessory use. (2) Interpretation of Unidentified Accessory Uses (a) The Community Development Department shall evaluate applications for accessory uses that are not identified in Table 5 -4 on a case -by -case basis using the following standards: (i) The definition of "accessory use" (see Section 8.4 — Definitions) and the general accessory use standards and limitations established in Section 5.3(B); (ii) The additional regulations for specific accessory uses established in Section 5.3(D), Specific Standards for Certain Accessory uses; (iii) The purpose and intent of the base and overlay districts in which the accessory use or structure is located; (iv) Any potential adverse impacts the accessory use or structure may have on other lands in the area as compared to other accessory uses permitted in the district; and (v) The compatibility of the accessory use or structure, including the structure in which it is housed (if applicable), with other principal and accessory uses permitted in the district. (b) The decision of the Community Development Department to permit or deny an unlisted use or structure is final, but may be appealed pursuant to Section 2.4(H). City of Monticello Zoning Ordinance Page 355 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (3) Table of Permitted Accessory Uses and Structures TABLE 5-4: ACCESSORY Use Types Base Zoning Districts Conditionally Additional Permitted "I" = Interim Permitted • . Accessory Dwelling Unit P P P P P 5,3(D1(11 Accessory Building — P P P P P P P P P P P P P P P P minor (<— 120 square feet) 5.3(Dl(21 Accessory Building — P P P P P P P C P P P P P P P P major (> 120 square feet) 5.3(D1(31 Adult Use — accessory C 5.3(Dl(4l Agricultural Buildings P 5,3(D)(5) Automated Teller P P P P P P P P Machines (ATMs) 5.3(D)(6) Automobile Repair — C Major 5.3(Dl(7l Automobile Repair — C Minor 5.3(Dl(8l Boarder(s) P P P 5,3(D1(91 Co- located Wireless Telecommunications C C C C C C C C C C C C C C C C Antennae 4.13(El Commercial Canopies P P P P P P P P 5.3(D Commercial Transmission/ Reception Antennae/ C C C C C C Structures 44.13 DQ Donation Drop -off P P Containers 5.3(D(II) Drive - Through Services P P P C P P P 5.3Q 12) Entertain me nt/Rec reatio n C C C C — Outdoor Commercial 5.3Q 13) Fences or Walls P P P P P P P P P P P P P P P P 4.3 Greenhouse /Conservatory P P P P P P P P P P P P P P P P (non - commercial) 5.3(D l 4) Heliports C C C C C 5.3Q 15) Home Occupations P P P P P P P P P P 5.3Q 16) Indoor Food / P P P P P P P P Convenience Sales 5.3(D Indoor Storage P P P P P P L3 (D 8) Incidental Light P P P P P P P P Manufacturing 5.3Q 19) Machinery /Trucking C Repair & Sales 5.3Q 20) Office P P P P P P none Off - street Loading Space P P C P P P P P P P 4_9 Page 356 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses TABLE 5-4: ACCESSORY Use Types Base Zoning Districts Conditionally Additional Permitted "I" = Interim Permitted • . Off - street Parking p p p p p p p p p p p p p p p I p 4.8 Open Sales P P P P P P P C C C 5.3(D Operation and storage of agricultural vehicles, P 5.30(22) equipment, and machinery Outdoor Sidewalk Sales & p p p p p p p p 5.3(D)(23) Display (businesses) Outdoor Storage P P P P P P P P P P C C C P P 5.3Q 24) Park Facility Buildings & P P P P P P P P P P p p p p p p 5.30(25) Structures (public) Private Amateur Radio p p p p p p p p p p p p p p p P 1 4.13(6) Private Receiving Antennae and Antenna P P P P P P P P P P P P P P P P 4.13(C) Support Structures Retail Sales of Goods (as part of an office or P P P P P P C C 5.30(26) industrial use) Shelters (Storm or P P P P P P P P P P p p p p p p 5.30(27) Fallout) Sign(s) P P P P P P P P P P P P P P P P 5.3Q 28) Solar Energy System P P P P P P P P P P P P P P P P I 5.3(D)(29) Swimming Pool p p p p p p p p p p p p p p P P 5.3Q 30) Large Trash Handling and P P P P P P p p p p p p 5.30(31) Recycling Collection Area Wind Energy Conversion C C C C C 5.3(D)(32) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(33) System, Non - commercial Wireless 1.3(E Telecommunications C C C C C C C 4.3(Fl Support Structures (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Dwelling (a) Accessory dwelling units are permitted only on lots with single - family detached dwellings. (b) No more than one accessory dwelling unit per lot is permitted. City of Monticello Zoning Ordinance Page 357 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses (c) Access. The building where such use is located is one having direct access to a collector or arterial level street without the necessity of using residential streets. (d) Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The provisions of this section are considered and satisfactorily met. (27) Shelters (Storm or Fallout) Storm and fallout shelters shall not alter the character of the premises with respect to the primary use as permitted in the district. (28) Sign(s) All signs within the City shall comply with the finishing standards contained in Section 4.5: Signs Section 4.5, Signs. (29) Solar Energy Systems (a) All solar energy systems shall be operable and maintained in good repair. (b) Solar energy systems shall meet all required setbacks and height requirements of the underlying zoning district. (c) Solar energy systems shall be an integral part of the structure to which they are attached. (d) As a means of evidencing existing solar access conditions prior to installation, the owner of a solar energy system may file notarized photographs of the subject area with the Community Development Department prior to installation of said system. (30) Swimming Pools (a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24 inches in depth must be fenced in accordance with the provisions of Section 5.3(D)(29)(b) below. (b) Residential swimming pool fences shall be constructed as follows: (i) Residential swimming pool fences must be at least 48 inches in height. The fence must not permit the passage of a 4 -inch sphere through openings in the fence. Fences must be constructed of durable, corrosion - and decay- resistive materials. Openings below the fence to grade must not exceed 4 inches. Page 374 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, a golf driving range, sand volleyball courts, go -carts, or a miniature golf course. This use does not include projectile weapon ranges (archery or shooting),a stadium or a drive -in movie theater. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. EROSION CONTROL: A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR: A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. EXTRACTION OF MATERIALS: the development or extraction of a natural resource in excess of four hundred (400) cubic yards from its natural occurrences on affected land without processing. EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the year. EXISTING TREE CANOPY: The crowns of all healthy self - supporting canopy trees with a diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper size of four inches or greater at breast height. Page 426 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON - COMMERCIAL: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions. [See Section 4.1 H SHOPPING CENTER: An integrated grouping of commercial stores under single ownership or control. See also "RETAIL COMMERCIAL USES" SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees. SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun. SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy -using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar- generated energy. SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and bakeries. STABILIZATION / STABILIZED: The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STABLE: A building in which horses are sheltered; may be accessory to a residential or other use or a freestanding principal use. START OF CONSTRUCTION: The first land- disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; City of Monticello Zoning Ordinance Page 449 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the accumulation, storage and pick -up of refuse and recyclable material associated with multi- family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single family dwellings, or townhome units which do not utilize a communal location for trash and recycling. TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more. TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons. TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this ordinance. TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30 feet. TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the tree's dripline. TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large dumpsters or compactors used to temporarily store trash and recycling materials prior to a regularly scheduled pick up. Such facilities are typically associated with multi - family buildings of more than four units, commercial operations and industrial sites. TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30 feet. UPLAND: Means all lands at an elevation above the ordinary high water mark. USE: The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this ordinance. i a6c City of Monticello Zoning Ordinance Planning Commission Agenda — 4/07/2015 6. Public Hearing — Consideration of a request for Amendment to the Official Monticello Zoning May to rezone property from Agricultural Open Space to Light Industrial (I -1), Preliminary and Final Plat for First Lake Substation Addition, Conditional Use Permit for Utilities within the Light Industrial (I -1) District, Variance to the Zoning Ordinance to required setback from the south property line, and Variance from Chapter 4, Section 8(E)(2)(C) Surfacing. Applicant: Xcel Energy (NAC) Property: Legal: Address: Planning Case Number: 2015 -007 A. REFERENCE & BACKGROUND: Request(s): 1. Rezoning from A -O, Agricultural Open Space to I -1, Light Industrial; 2. Preliminary and Final Plat to create a single building parcel in the I -1 District; 3. Conditional Use Permit for use of the property as a Utility (electric substation); 4. Variance for Setback from the south property line; and 5. Variance from the requirements for paving private driveways. Deadline for Decision: May 2nd, 2015 Land Use Designation: Places to Work Current Zoning : A -O, Agricultural -Open Space (upon annexation). The purpose of the "A -O" agricultural -open space district is to provide suitable areas of the City for the retention and utilization of open space and /or agricultural uses, prevent scattered non -farm uses from developing improperly, and to secure economy in government expenditures for public utilities and service. Proposed Zoning: I -1, Light Industrial The purpose of the "I -1," light industrial, district is to provide for the establishment of warehousing and light industrial development. Overlays /Environmental Regulations Applicable: Current Site Use: Surrounding Land Uses: North: East: South: West: Planning Commission Agenda — 4/07/2015 NA Vacant /Agricultural Industrial Park (Concrete Plant) Vacant/Agricultural Vacant/Agricultural Parks /Open Space (Bertram Chain of Lakes) Project Description: The applicant proposes to construct an electrical power substation on the property adjacent to the existing power line corridor that runs along the western boundary of the parcel. The property is currently in the Monticello Orderly Annexation Area (MOAA), awaiting State certification of annexation to the City following the City Council's annexation action on March 23rd, 2015. The applicant has purchased (or will purchase) approximately 10 acres from the property owner, and would plat the property as a single lot which would contain the substation, a pond, and support improvements. Landscaping is proposed along the east boundary line, and a portion of the west boundary line. The property would be accessed via a driveway from the existing improved cul -de -sac of Dalton Avenue. The applicant proposes to plat the remaining right of way for a future extension of the road when other development occurs. ANALYSIS Rezoning. As noted, the applicant and property owner have petitioned (and the Council approved) annexation of the property, which upon approval of the annexation is assigned a zoning designation of A -O as a holding zone until a development proposes a more specific district. The request for this site is I -1, Light Industrial, which is the zoning designation for much of the industrial park to the north. The land is designated for "Places to Work" in the Comprehensive Plan, an industrial designation. A clip of the land use map is provided below. 2 Planning Commission Agenda — 4/07/2015 When reviewing a rezoning request, the zoning ordinance includes the following evaluation criteria in Section 2.4.B.5: (a) Whether the proposed amendment corrects an error in the original text or map; or (b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. As noted above, the subject property is being annexed under the terms of the MOAA agreement. This change in status is one of the common triggers to consider a rezoning action. (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the Comprehensive Plan. As noted, the guided use of the subject is "Places to Work." Thus, the proposed I -1 zoning is consistent with the guided use of the property, and with the goals and objectives outlined in the City's Comprehensive Plan. Preliminary Plat. The applicants propose to plat the annexed 10 -acre parcel into a single lot and block, along with a right of way dedication on the east side of the property for the extension of Dalton 3 Planning Commission Agenda — 4/07/2015 Avenue to the south boundary of the subject property. The street would not be built at this time, however, the applicants would execute an agreement to pay for its share of roadway construction when other development in the area requires it and the City determines it should be constructed. The plat also incorporates the existing easements for powerline corridors along the western boundary of the proposed lot. The proposed lot is well beyond the size and dimensional requirements of the City's zoning regulations for I -1 zoned properties and, with the roadway dedication, will have more than adequate frontage to meet the standards. Other site improvements related to the plat are reviewed by the City Engineer, whose comments are incorporated into the staff recommendation. The applicants are also seeking a concurrent approval of the final plat for First Lake Substation to accommodate their construction schedule. Since the plat is a simple one, staff supports the concurrent approvals. Planning Commission action is not required on the final plat, but it is included here for information and comment as appropriate. A development agreement pertaining to the First Lake site development and costs will be considered by the City Council as part of the final plat review. Conditional Use Permit. In the I -1, Light Industrial District, Utilities are listed as Conditional Uses in the I -1 District, with the following "Additional Requirement ": Utilities (major) (a) An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited. Conditional uses are presumed to be allowed in the district, with the understanding that they may require additional considerations to ensure their compatibility with the intent of the district, the available public services, and surrounding land uses. The proposed electrical substation would be a reasonably expected use in an industrial zone, but raises potential issues of visual compatibility. General Description. The proposed substation structure is about 20 feet tall, with the primary exception being a 67 foot tall pole that provides the connections to the transmission lines to the west. The substation occupies about 1.5 acres in the southwest corner of the site. A driveway connects from the Dalton Avenue cul -de -sac and traverses the property to the north side of the enclosed substation, which is surrounded by an 8 foot high chain link fence, the top I foot being stranded barbed wire for security. The use of barbed wire may be approved by the Community Development Department for security purposes per Monticello Zoning Ordinance 4.3(E). M Planning Commission Agenda — 4/07/2015 The southernmost point of the structure sits approximately 60 feet from the south boundary line. A variance from the required 100 foot setback is discussed below. The structure meets required setbacks on north, east and west boundary lines. The proposal also includes a stormwater pond east of the fenced enclosure. The ground within the fence enclosure is expected to be gravel surfaced. The applicant has requested a variance from the City's paving requirements to allow the driveway to also be surfaced with gravel. The variance is discussed below. Site Landscaping. The applicant has proposed landscape screening along the east side of the site, adjacent to the future extension of Dalton Avenue. The planting screen consists of a relatively dense massing of deciduous and evergreen trees, along with shrubs that should provide a thorough visual screen of the enclosure area. The applicant also proposes a planting area along the west boundary, but only along the north portion of the boundary line. The area directly to the west of the substation enclosure does not have screening as now proposed. The bulk of the site ground cover will be lawn grass. Staff is recommending that additional planting occur in this western area to screen the main facility from view of the Bertram Chain of Lakes Regional Park property. It is likely that this additional planting may raise conflicts with Xcel's tree planting guidelines under transmission lines. To address this conflict, moderately -sized plantings may be proposed that would meet the applicant's standards. The applicants are preparing information in this regard. Building Heigh The maximum height for structures in the I -1 District is 30 feet. The primary structure is, as noted above, about 20 feet. The primary exception to this is a structural pole that is up to 67 feet tall. This pole provides the support for the connection lines between the substation and the existing transmission lines. It is viewed as a utility, and would be exempt from the "Building Height" limitations. Accessory Building. Within the enclosure area, the applicant has located mechanical equipment and storage building of approximately 1,000 square feet. The I -1 district requires that no unfinished metal surface is used for exterior building materials, and that the side of the building facing the public street will require enhanced materials. Because the accessory building is located within the enclosure and will be visible to the street in only a minimal way, staff believes that the exterior materials requirements are met as proposed. Signage. The applicant has suggested that an entrance sign will be placed on the property to identify the site and use. Details of the sign are not available with this application. The applicant will need to comply with the sign ordinance requirements for the placement of all signage on the property. Other Site Improvements. The City Engineer's comments are relevant to the CUP as well as the Preliminary Plat. 5 Planning Commission Agenda — 4/07/2015 Variance to South Setback. When reviewing variances, the Planning Commission, sitting as the Board of Zoning Adjustments and Appeals, is required to consider whether the proposed use is a reasonable one, and whether there are unique conditions of the property that create practical difficulties in putting the property to this reasonable use. There are two general considerations that would apply to the consideration of this variance. First, the setback for this use is extraordinarily large, and applies regardless of neighboring use. The adjoining property to the south is guided "Places to Work", and would support an industrial use with a probable setback of about 15 feet based on current zoning requirements. The proposed setback for the structure is approximately 60 feet. Acquiring additional property would result in as much as another acre of property being consumed for setback in an area where its impact is unlikely to be as important as if the substation were adjacent to residential property. The second aspect relates to a technical requirement of the facility, and the existing gas line that angles through the parcel. The applicants indicate that there are safety issues related to proximity of the power facility to the gas pipeline that make moving the facility to meet the 100 foot setback impractical. Staff believes that accommodating the proposed 60 foot setback is a reasonable site layout, and that the proximity of the gas pipeline constitutes a practical difficulty which supports the setback variance request. Variance to Pavement Requirements. The applicants propose to provide a Class V gravel driveway from the cul -de -sac to the substation enclosure area. Monticello zoning standards require that driveways and parking areas are to be paved. The applicants are seeking a variance from this requirement, suggesting that the heavy truck use on the site will raise maintenance concerns for the pavement area. As with all variances, the City is required to find that there are unique conditions related to the property that create practical difficulties in complying with the standard code requirements, and that the proposal constitutes an otherwise reasonable use of the property. In this case, the site is zoned and guided for industrial uses, similar to the land to the north in the Otter Creek Industrial Park, as well as future uses for the land surrounding the subject parcel. There do not appear to be any unique conditions that would distinguish this site from others that have in the past, or will be in the future, required to meet the pavement standard. Staff does not believe that the standards for variance consideration are met in this case. One question raised by the applicants is at what point the City would consider to be the beginning /end of the driveway, and the rest of the usable portion of the site, which will be 101 Planning Commission Agenda — 4/07/2015 surfaced with an aggregate base. They suggest that a gate may be located on the site which would mark this change of use. If a driveway that accesses the site at least to the depth of the setback requirement (100 feet), beyond which a gate is constructed that, with other site landscaping, creates a screened view of the remainder of the access drive, an interpretation could be made that no variance would be necessary in such a case. B. ALTERNATIVE ACTIONS: Decision 1. Rezoning from A -O to I -1, Light Industrial. 1. Motion to adopt Resolution No. PC- 2015 -008 recommending approval of the rezoning of the subject property from A -O to I -1, Light Industrial, based on findings stated in the resolution. 2. Motion to deny adoption of Resolution No. PC- 2015 -008, based on findings identified at the public hearing. Decision 2. Preliminary Plat for Xcel First Lake Substation Addition. 1. Motion to adopt Resolution No. PC- 2015 -008 recommending approval of the Preliminary Plat and Final Plat for First Lake Substation Addition, based on findings stated in the resolution, and the Conditions listed in Exhibit Z of this report. 2. Motion to deny adoption of Resolution No. PC- 2015 -008, based on findings identified at the public hearing. Decision 3. Variance from Setback requirements in the I -1 District, providing for a 60 foot setback from the south property line. Motion to adopt Resolution No. PC- 2015 -0108 approving the variance to the setback requirement, based on findings stated in the resolution, and the Conditions listed in Exhibit Z of this report. 2. Motion to deny adoption of Resolution No. PC- 2015 -008, based on findings identified at the public hearing. Decision 4. Variance from the paving requirements calling for pavement of driveways. 1. Motion to adopt Resolution No. PC- 2015 -008 denying the variance from paving requirements, based on findings stated in the resolution, and the Conditions listed in Exhibit Z of this report. 7 Planning Commission Agenda — 4/07/2015 2. Motion to modify Resolution No. PC- 2015 -008 and approving the variance from paving standards, based on findings identified at the public hearing. Decision 5. Conditional Use Permit for Utility substation in an I -1 zoning district. 1. Motion to adopt Resolution No. PC- 2015 -008 recommending approval of the Conditional Use Permit for a substation facility on the property to be known as Lot 1, Block 1, First Lake Substation Addition, based on findings stated in the resolution, and the Conditions listed in Exhibit Z of this report. 2. Motion to deny adoption of Resolution No. PC- 2015 -008, based on findings identified at the public hearing. C. STAFF RECOMMENDATION: Staff recommends adoption of Resolution PC- 2015 -008. This resolution supports the approval of the rezoning, plat, and Conditional Use Permit, with the conditions identified in Exhibit Z. These motions would be advisory from the Planning Commission to the City Council. The resolution further results in approval of the variance to setback, for the reasons noted in the report and summarized in the resolution. As noted, this action of the Planning Commission would be final, subject to appeal. Finally, the resolution results in denial of the variance to the paving requirement, as discussed above. Again, this action of the Planning Commission would be final, subject to appeal. D. SUPPORTING DATA: A. Resolution PC- 2015 -008 B. Aerial Site Image C. Applicant Narrative D. Location Map E. Preliminary Plat F. Final Plat G. Site Plan & Lighting Plan (General Arrangement) H. Contour & Grading Layout L Landscape Layout J. Fence Details K. Electrical Layout L. Profile Drawings M. Example Site Images N. Petition for Annexation Planning Commission Agenda — 4/07/2015 O. Resolution 2015 -021 P. City Engineer's Comment letter, Dated March 27th, 2015 Q. Monticello Zoning Ordinance, Chapter 3, Excerpt, I -1 Light Industrial District R. Official Land Use Map Z. Conditions of Approval 6N Planning Commission Agenda — 4/07/2015 EXHIBIT Z Rezoning, Preliminary and Final Plat, Conditional Use Permit, Variance to Setback, and Variance to Pavement Standards Lot 1, Block 1, First Lake Substation Addition (as platted) 1. Additional landscape screening along the west boundary to screen the substation enclosure area from the Bertram Park property. 2. Pavement of the required driveway from the connection between Dalton and the entrance to the facility. 3. Compliance with the conditions identified in the City Engineer's comment letter dated March 27, 2015. 10 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -008 Motion By: Seconded By: RECOMMENDING APPROVAL OF AMENDMENT TO THE OFFICIAL MONTICELLO ZONING MAP TO INCLUDE PROPERTY TO BE ZONED LIGHT INDUSTRIAL (I -1), PRELIMINARY AND FINAL PLAT FOR FIRST LAKE SUBSTATION ADDITION, CONDITIONAL USE PERMIT FOR UTILITIES WITHIN THE LIGHT INDUSTRIAL (I -1) DISTRICT AND APPROVING VARIANCE TO THE ZONING ORDINANCE TO REQUIRED SETBACK FROM THE SOUTH PROPERTY LINE AND DENYING THE VARIANCE TO CHAPTER 4, SECTION 8(E)(2)(C), SURFACING WHEREAS, the applicant has submitted applications to construct an electrical substation on a parcel of newly annexed land; and WHEREAS, the proposed project requires a rezoning of the property to rezone the property to I -1 Light Industrial, a Preliminary Plat and Final Plat, and a Conditional Use Permit for a Utility; and WHEREAS, the applicants are seeking variances from the applicable zoning standards for a reduced setback from the south property line and a request to waive the paving requirements for driveway; and WHEREAS, the subject property is guided for "Places to Work" in the Monticello Comprehensive Plan; and WHEREAS, the applicants have provided adequate right of way in the plat to accommodate future street and utility extensions; and WHEREAS, the Planning Commission held a combined public hearing on April 7th, 2015 on the applications 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 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -008 WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of rezoning, plat, and Conditional Use Permit approval, incorporating the Conditions of Approval in Exhibit Z of the staff report: 1. The property is guided for industrial uses, consistent with the proposed use and zoning. 2. The proposed plat is consistent with all of the City's subdivision regulations. 3. The use meets the requirements for Utility installations, pending setback variance approval. 4. The use will not overburden the City's street or utility services. 5. The use will not create undue levels of traffic or other negative impacts; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the variance from the required setback along the south property line: 1. The property adjoining the south boundary is guided for future industrial uses. 2. Such adjoining industrial uses would be required to maintain only a 15 foot setback from the same property line. 3. The property is encumbered by a gas pipeline that restricts the use of the property in ways that are unique to the proposed electrical substation use. 4. Relocation of the substation on the property is not practical due to the gas pipeline location. 5. Additional property to meet the setback would be an unreasonable burden on the property that would not be required of other industrial uses. 6. The conditions on the property create practical difficulties in putting the property to the utility use as proposed, which is otherwise a reasonable use of the property; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the requested variance from driveway paving standards: 1. The conditions on the property are not unique in relation to the paving requirements for Industrial uses. 2. The paving requirements have been applied to other industrial uses in the same zoning district, and the proposed variance would not be compatible with the neighborhood or community. 3. The applicant can meet the standard without impacting the use or operation of the proposed use and maintenance or economic considerations do not support a variance. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby takes the following actions: 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -008 1. Recommends that the City Council approve the rezoning from A -O to I -1, Light Industrial. 2. Recommends that the City Council approve the Preliminary Plat and Final Plat for First Lake Substation Addition. 3. Recommends that the City Council approve the Conditional Use Permit for Utility in the I -1 zoning district. 4. Hereby approves the variance to the south property line allowing a 60 foot setback, rather than the required 100 foot setback for utility substation. 5. Hereby denies the variance to the paving requirements, requiring that the applicant pave the driveway between the access point to Dalton Avenue and the entrance to the use. These actions are subject to the conditions listed in Exhibit Z, which are as follows: 1. Additional landscape screening along the west boundary to screen the substation enclosure area from the Bertram Park property. 2. Pavement of the required driveway from the connection between Dalton and the entrance to the facility. 3. Compliance with the conditions identified in the City Engineer's comment letter dated March 27, 2015. ADOPTED this 7th day of April, 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 3 O Lo U � N C (`i O O � U � �, U m a) m a� U i 'O J aK Ja f W .- -t*paj. .A .. r U/ • --se a) J L I m CD L O l ^� i .�a)ui N O CU N 'L >< ca > �--� . U oes m n U Q ov � Q CU C: a� En O o C C: o °o o2 co- I 0- d i 'O J aK Ja f W .- -t*paj. .A .. r Xcel Energy =° 414 Nicollet Mall Minneapolis, Minnesota 55401 -1993 Supplement to Platting and Land Use Applications Xcel Energy's First Lake Substation Petition for Annexation Paragraph 2, Section A, of The Monticello/Monticello Township Joint Agreement provides that any land within the Orderly Annexation Area (OAA) designation therein may be annexed by the City at any time if the City receives a petition for annexation from 100% of the property owners of an individual parcel of land contiguous to or abutting the City. On behalf of the current property owners, Xcel Energy petitions the City of Monticello to extend the present city limits so as to include the unincorporated land as a part of the City of Monticello, as described and formally requested in the enclosed letter of Petition for Annexation. Preliminary and Final Plat Paragraph 7 of The Monticello/Monticello Township Joint Agreement states the City shall be responsible for providing municipal governmental services to the annexed area. Therefore, the property will be platted establishing a dedicated easement in favor of the City of Monticello for roadway, sewer, water and utility services. Please find the enclosed preliminary plat, final plat and supporting materials for the review and consideration of the new First Lake Substation Addition. • Construction activities will be completed by Xcel Energy and its contractors between the months of May and December 2015. • The sole use of the property will be essential services, electrical substation and supporting structures. No other buildings or dwellings will be constructed on the site. • Construction activities will consist of four phases: 1. Site Grading and Fence Installation 2. Foundation and Electric Equipment Enclosure Building Installation 3. Electrical Equipment Installation 4. Equipment and Electrical Testing • According to the procedures set forth in the Minnesota Environmental Quality Review Board (EQB) regulations the project does not meet threshold requirements triggering the completion of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS). Additionally, Xcel Energy has reviewed the following environmental and public water crossing possibilities at the proposed substation site: 1. No public waters will be crossed or constructed upon. - 1 - 2. No threatened and endangered species exist at or near the site. 3. No wetlands exist at or near the site. • Possible negative impacts to surrounding properties include permanent visual impacts and temporary construction impacts. Temporary construction impacts include increased truck hauling, noise and airborne dust. These impacts will be mitigated by applying best management practices for construction and scheduling construction activities during daytime working hours. Permanent visual and aesthetic impacts will be mitigated by adhering to the landscaping and screening standards provided in Chapter 4.1 of the Monticello Zoning Ordinance. • A vegetation or tree preservation plan and tree inventory /survey has not been prepared as no vegetative plantings exist on site due to the property's current agricultural use. Furthermore, a sewer and water feasibility study is not provided as the proposed use will not require sewer or water infrastructure. Zoning Map Amendment Section 3.1 (D) of the Monticello Zoning Ordinance states "Any land annexed to the City in the future shall initially be placed in the A -O Agricultural Open District, unless placed in another district by action of the City Council after recommendation of the Planning Commission." According to Chapter 3 of the Monticello Comprehensive Plan, the location of the proposed development is guided as "Places to Work." This land use is primarily intended for industrial development and seeks to provide locations for the retention, expansion and creation of businesses that provide jobs for Monticello. The increased electrical capacity and reliability resulting from the construction of the proposed substation will not only encourage the retention, expansion and creation of businesses throughout Monticello but it will also provide necessary support to the underlying development objectives of this land use district. Therefore, Xcel Energy is requesting a zoning map amendment to reclassify the property as Light Industrial (I -1). Conditional Use Request Table 5 -1: Uses by District in the Monticello Zoning Ordinance states that Utilities are conditional uses within the Light Industri al (I -1) district." Therefore, Xcel Energy is applying for a conditional use permit to authorize the construction of the proposed substation within the Light Industrial (I -1) zoning district. Section 4.3 (F) of the Monticello Zoning Ordinance states that "a property owner responsible for a use in need of heightened security may submit to the Community Development Department a proposal for the use of barbed wire atop a fence for security reasons." Xcel Energy requests the approval of a 7 foot high chain link fence with 1 foot of three strand barbed wire on top. The fence also includes an 18 -24" wide sheet metal banding below the barbed wire to deter animals from climbing over the fence, see fence details enclosed. This type and height of fence is required for the safety and security of the substation as well as the health, safety, and welfare of the general public. Table 3 -17: I -1 "Development Standards" establishes a max structure height of 30 feet in the Light Industrial District (I -1). Safety and design standards require the substation to include electrical structures, the tallest being 69 feet in height with a 32 foot extension to support a - 2 - lightning rod. The top of the lightning rod will be 101 feet in height measured from ground level. The lightning rod is a crucial part of the safety and operational aspects of the substation. The design and height of the lightning rod is based upon the size and location of the electrical equipment below and in this case cannot be lowered without losing protection from lightning strikes. Lightning strikes to the substation can cause power outages and severe damage to the substation as well as inconveniencing electricity users and negatively impacting the general health, safety and comfort of the residents and businesses in surrounding areas. Section 4.3 (G) of the Monticello Zoning Ordinance states that "a use where sensitive or dangerous materials are stored may submit to the Community Development Department a site security plan proposing exterior lighting that deviates from lighting standards." The enclosed lighting plan indicates the number and coverage of substation lights to be installed. The lights depicted are 400W sodium lights. Excepting times of heightened security due to theft or vandalism, these lights would remain off at night and used only for maintenance and construction purposes. The safety and security of the substation and general public would be at risk without adequate lighting. Therefore, Xcel Energy requests an approval of deviation to the exterior lighting standards. Profile elevation drawings of the proposed substation and photos of a similar substation are enclosed to illustrate the proposed visual appearance of the substation Signage on the property will consist of a substation identification sign placed on the main gate and danger /caution signs along the perimeter of the substation fence. The substation identification sign will consist of the substation name and address for the convenience of emergency personnel and Xcel Energy employees. The danger /caution signs will be placed every 35 -40ft along the substation fence for the purpose of warning individuals of the high voltages within the substation fence. These signs are required to ensure the health and safety of individuals accessing the property. Parking at the substation will consist of mainly maintenance personnel vehicles. Utility trucks and pick -ups used for maintenance purposes are generally kept within the substation fence near work sites. However, a small parking area for vehicles not allowed access within the substation fence will be located outside of the substation fence near the substation gate. This parking area will be large enough to accommodate three to four vehicles. Variance Request Section 4.8 (E) (2) (c) of the Monticello Zoning Ordinance states that "driveway and stalls shall be surfaced with six (6) inch class five and two (2) inch bituminous topping or concrete equivalent." A considerable amount of underground cables and wires is required to support the proposed electrical substation. Repairs to the bituminous topping may be required each time maintenance is performed to the cables and wires below. Furthermore, an underground gas pipeline bisects the proposed substation driveway. The bituminous driveway will require significant repair when maintenance activities are performed to the pipeline. Therefore, Xcel Energy is requesting a variance to allow for a partial gravel/ crushed rock driveway surface. The first 60 feet of the driveway extending from Dalton Ave would consist of a six inch class five and two inch bituminous topping or concrete equivalent per City ordinances. A gate would be installed where the driveway converts from the bituminous topping to gravel/ crushed rock surface. The paved portion of the substation driveway will limit damages caused to Dalton Ave by vehicles and equipment displacing and tracking rock onto the City maintained street. The remainder of the substation driveway consisting of gravel /crushed rock would allow - 3 - for more manageable maintenance of the facilities located beneath the driveway and reduce the extent of driveway repairs. - 4 - S:IG.n.1.1 -Of ...- GO- hanSISLR- Project- Wa rehouse IARiv._ Pro j. d. ISU bs tati. n- N. WFirs tLa k. IMappmgIFirst_Lake_Feb_2015.pdf Z ;;;r, O y � f 0 I fs I 4— N 0 � 0 � O �� 9 0 O � LL U W ' O u O 0 a ca o W Z 0 8L60 aui� R6�au3 �a�x 6uiysix3 ♦� vI W LZ80 aui� wd Y i l6aau3 �auX 6uilsix3 N ' J � � J N Y LL Uc Q 0 .- LO F LL \0j ,z 0 Pxw SLOZ Qej e�epdn ehe�- 1s�ijlpwul6uiddeWlehe�ls�ijlmeN- uopeugr�s�efo�d eniUH \(S LOZ��d)spefo�d Penny» dlesnoye�eM- Uefo�d- 21�S\s... joes"1401""ee\s qj,d W—o W1/4COR. ^ SECTION 10 �2 c Z A ERIC HIPLLI O EASEMENT � �IT.] \ AMERICAN OIL COMPANY \r{i PER DOC 674821 NSP ELECTRICAL TRANSMISSION 2764 �5�\ LINE EASEMENT DOC NO. 252764 '� NSP EASEMENT CL PER DOC NO. 252764 ITWIDE DRAINAGE BUTILITy EASEMENT '--I PER OTTER CREEK CROSSING 3RD ADD. I m � , M �I m 1751 e N W Z N ETBACKI I & E 1331.02 0 w Aw Z Ito W, , Annandale, MN 55302 n1 NOT TO SCALE Nays(° ,N wz ,-Z0 am / w 1319.85 _ Sf/4 COR. I � 1 n- F -D / r0 W D / C.I.M. FND I( �a �NW�/!. N ONE IF �Y �,. 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I � 1 LOT 1 ° NO � 30 1 � BLOCK 1 / // /'°°- w zF \ \ OEo I I I 1 1 i � / I °o AREA = 435,601 SF OR 10.00 AC, MORE OR LESS SET /SETBACK /f / v " �• \ �� ---I- -fig-- g/ 1 - P([OP SED 1 FOOT / I I 1 I I D IN�GE B TILI V EASEMENT / _ 109. 4 / 1 / ->`-- ' / � —J 130.00 /1 1 i I 7b9 Of N88°54 II S 544 . LN N. . 1 OF (ry. FEET OF THE SWI/40F THEHES SWI/4 ELECTRIC SRA TRUCTU EION 1 TRANSMI SSION IRRIGATION PIVOT \ \ III I I I 1 I I IT. I I I STRUCTURE ON CONCRETE SLAB LEGEND: - O DENOTES 5/8 INCH BY 18 INCH REBAR SET WITH PLASTIC CAP MARKED BY LICENSE NO. 44901 DENOTES FOUND WRIGHT COUNTYSURVEYORS MONUMENT ODENOTES FOUND SECTION CORNER SEE BREAKDOWN FOR MONUMENT TYPE S By -I -t SOIL BORING --- s�--SANITARYSEWER --- sT,n -- STORM SEWER — — — w — - WATER MAIN OVERHEAD TRANSMISSION LINE --- s - - UNDER GROUND GAS PIPELINE O DENOTES ITEM DESCRIBED IN NOTES ® SANITARYMANHOLE STORM MANHOLE HYDRANT oa GATEVALVE 8 CATCH BASIN SUMMARY OF AREAS Properly (SW1/4-SW1/4): 40.29 Acres, more or less Existing Road Right of Way: 0.00 Acres, more or less Proposed Road Right of Way: 0.50 Acres, more or less Lot 1, Block 1: 10.00 Acres, more or less Grasslands/Farmlands: 10.00 Acres, more or less Woodlands: 0.00 Acres, more or less NAMES Surveyor - Todd M. Hendershott 414 Nicollet Mall (MP 8) Minneapolis MN 55401 (612)330-765 Land Agent - Sean W. Lawler 414 Nicollet Mall (MP 7) Minneapolis MN 55401 (612)330-1956 Purchaser - Northern Stales Power Company 414 Nicollet Mall Minneapolis, MN 55401 Fee Owner- David D. Spike and Mary M. Spike 939910th ETBACKI I & E 1331.02 /SETBACK /f / v " �• \ �� ---I- -fig-- g/ 1 - P([OP SED 1 FOOT / I I 1 I I D IN�GE B TILI V EASEMENT / _ 109. 4 / 1 / ->`-- ' / � —J 130.00 /1 1 i I 7b9 Of N88°54 II S 544 . LN N. . 1 OF (ry. FEET OF THE SWI/40F THEHES SWI/4 ELECTRIC SRA TRUCTU EION 1 TRANSMI SSION IRRIGATION PIVOT \ \ III I I I 1 I I IT. I I I STRUCTURE ON CONCRETE SLAB LEGEND: - O DENOTES 5/8 INCH BY 18 INCH REBAR SET WITH PLASTIC CAP MARKED BY LICENSE NO. 44901 DENOTES FOUND WRIGHT COUNTYSURVEYORS MONUMENT ODENOTES FOUND SECTION CORNER SEE BREAKDOWN FOR MONUMENT TYPE S By -I -t SOIL BORING --- s�--SANITARYSEWER --- sT,n -- STORM SEWER — — — w — - WATER MAIN OVERHEAD TRANSMISSION LINE --- s - - UNDER GROUND GAS PIPELINE O DENOTES ITEM DESCRIBED IN NOTES ® SANITARYMANHOLE STORM MANHOLE HYDRANT oa GATEVALVE 8 CATCH BASIN SUMMARY OF AREAS Properly (SW1/4-SW1/4): 40.29 Acres, more or less Existing Road Right of Way: 0.00 Acres, more or less Proposed Road Right of Way: 0.50 Acres, more or less Lot 1, Block 1: 10.00 Acres, more or less Grasslands/Farmlands: 10.00 Acres, more or less Woodlands: 0.00 Acres, more or less NAMES Surveyor - Todd M. Hendershott 414 Nicollet Mall (MP 8) Minneapolis MN 55401 (612)330-765 Land Agent - Sean W. Lawler 414 Nicollet Mall (MP 7) Minneapolis MN 55401 (612)330-1956 Purchaser - Northern Stales Power Company 414 Nicollet Mall Minneapolis, MN 55401 Fee Owner- David D. Spike and Mary M. Spike 939910th PROPOSED ROAD RIGHT-OF-WAY \ DAVID & MAR" SPIKE \ �f \ ....,.cam. 101 - .-- 3RILU.7 URA.. 1O Proposed 25 foot wide drainage and utility easement for existing ditch So north side of properly. Proposed drainage and utility easements: 12 foot wide along south and west lines 12 foo[ wide adjacent [o proposed right -of way along east side of property. Proposed road right of way along east side of properly. O3 Existing transmission line easements along west line of property. ® Existing pipeline easements through properly. Property currently zoned: 101 - (HSTD) Agricultural. Proposed zoning: Light Industrial (I -t) Setbacks: SO feet front 50 feet south side and rear 15 feet along north side Any future sewer facilities will be connected to the City of Monticello. Area is indicated as Zone X (Areas determined to be outside 500 ear flood plain) per Flood Insurance Rate Map Community Panel Number 270534y0015 B with a revision date of August 4, 1998. No Wetlands were found on site. Field survey completed on Dece mber 12, 2014 I E(;AL DESCRIPTION OF PROPERTY The North 544.51 feet of the Wes1799.29 feet of the Southwest Quarter of the Southwest Quarter of Section 10, Township 121 Nort h, Range 25 West, Wright County, Minnesota. Subject to easements of record. BEARING ORIENTATION FORT E PURPOSE OF THIS SURVEY THE WEST LINE OF THE SW 1/4 OF THE SW 1/4 OF SECTION 10, T.121 N., R.25W., BEARS N01°'17'5 7'sN AS REFERENCED TO THE WRIGHT COUNTY COORDINATE SYSTEM. 80 0 80 160 240 SCALE IN FEET ELEVATIONS BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 i FOOT CONTOUR INTERVAL LOCATION MAP NOT TO SCALE ------------- NW1/4 \ NE1/4 I i-0,— RT INW-SW p NE -SW I I all �4— _�I SEi/4 SW -SW SE -SW 1 I I SEC. 10. T121N. R25W WRIGHT COUNTY SECTION BREAKDOWN DETAIL SEC.10, T121N., R25W Ni/4 COR. C.I.M. FNO NDz6szii w � 1 W1/4 COR. 588°50'00'E \ S88°50'00'E I C.I.M. FND /1 2689.38 \IT 1 265 13Z__ 3 8.92 A� I 42.19 1342.19 —I � E1 /4 COR. - (NO MON. FND) < N FALLS IN FIBER OPTIC VAULT. I � ESTABLISHED PER WRIGHT I I COUNTY COORDINATES 3 PiI S88°54'20"ru APPROVED 6V' Reviewetl by the Planning Commission of the City I - � E 1331.02 S88°54'20'E � o 1331.02 o = Street N W im Annandale, MN 55302 PROPOSED ROAD RIGHT-OF-WAY \ DAVID & MAR" SPIKE \ �f \ ....,.cam. 101 - .-- 3RILU.7 URA.. 1O Proposed 25 foot wide drainage and utility easement for existing ditch So north side of properly. Proposed drainage and utility easements: 12 foot wide along south and west lines 12 foo[ wide adjacent [o proposed right -of way along east side of property. Proposed road right of way along east side of properly. O3 Existing transmission line easements along west line of property. ® Existing pipeline easements through properly. Property currently zoned: 101 - (HSTD) Agricultural. Proposed zoning: Light Industrial (I -t) Setbacks: SO feet front 50 feet south side and rear 15 feet along north side Any future sewer facilities will be connected to the City of Monticello. Area is indicated as Zone X (Areas determined to be outside 500 ear flood plain) per Flood Insurance Rate Map Community Panel Number 270534y0015 B with a revision date of August 4, 1998. No Wetlands were found on site. Field survey completed on Dece mber 12, 2014 I E(;AL DESCRIPTION OF PROPERTY The North 544.51 feet of the Wes1799.29 feet of the Southwest Quarter of the Southwest Quarter of Section 10, Township 121 Nort h, Range 25 West, Wright County, Minnesota. Subject to easements of record. BEARING ORIENTATION FORT E PURPOSE OF THIS SURVEY THE WEST LINE OF THE SW 1/4 OF THE SW 1/4 OF SECTION 10, T.121 N., R.25W., BEARS N01°'17'5 7'sN AS REFERENCED TO THE WRIGHT COUNTY COORDINATE SYSTEM. 80 0 80 160 240 SCALE IN FEET ELEVATIONS BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 i FOOT CONTOUR INTERVAL LOCATION MAP NOT TO SCALE ------------- NW1/4 \ NE1/4 I i-0,— RT INW-SW p NE -SW I I all �4— _�I SEi/4 SW -SW SE -SW 1 I I SEC. 10. T121N. R25W WRIGHT COUNTY SECTION BREAKDOWN DETAIL SEC.10, T121N., R25W Ni/4 COR. C.I.M. FNO NDz6szii w � 1 W1/4 COR. 588°50'00'E \ S88°50'00'E I C.I.M. FND /1 2689.38 \IT 1 265 13Z__ 3 8.92 A� I 42.19 1342.19 —I � E1 /4 COR. - (NO MON. FND) < N FALLS IN FIBER OPTIC VAULT. I � ESTABLISHED PER WRIGHT I I COUNTY COORDINATES 3 PiI S88°54'20"ru APPROVED 6V' Reviewetl by the Planning Commission of the City I - � E 1331.02 S88°54'20'E � o 1331.02 o = im � Z n1 NOT TO SCALE SW COR 1319.85 � 1319.85 _ Sf/4 COR. I � C.I.M. FND 2fi39.70 N88°5845°W C.I.M. FND CERTIFICATION: I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED 8V ME OR UNDER MV DIRECT SUPERVISION UNDER THE LAWS OF THE STATE OF MINNESOTA. TODD M. HENDERSHOTT LIC. NO. 43806 GATE Approved by the City of Monticello. of Monticello this tlay of Minnesota this day of , 20. PRELIMINARY PLAT FIRST LAKE SUBSTATION C F= W1/4 COR. OF SECTION 10 T.121N., R25W. ~ a� �oo zw oazm I I �� / .5 2wwyw �I / 109.24 � L j %z DETAIL "A" ' • NOT TO SCALE yI\ \ 0NU� zN SEE DETAIL "A" — � — 115.60 - III_ 37.5 3].5 I �m I 3a ^zm o¢ R-1 N� <m Iw 3 I 1 wa= �p= �ao^ yN O In wzo U U Fm w cwwN 3zZ wpwz �o Imo° W O J Z I I wFWU wa az °o z co w 3 j wwow 3I zWw 82.5 FIRST LAKE SUBSTATION NORTH LINE SWI 14 OF THE SW1/4 S88°54 20"E 799.99 6 \ 749 99 25 FOOT DRAINAGE 8 UTILITY EASEMENT ^IA1 -1 / 1 VV I / `1- warn ~ a� �oo zw oazm I I �� wi¢OO 37.5 .5 2wwyw �I U9�� 109.24 r � J I i - � z � IL \ j \ SW COR OF THE SW I/4 OF \ SECTION 10, T. 121 N., R.25 W. • � o NF F \ g A A /A F V\ A F LOT 1 BLOCK 1 \ n n ✓ X 799.99 N88°54 20"W SOUTH LINE OF THE NORTH 544.51 FEET OF THE WEST 799.29 FEET OF THE SWI /4 OF THE Si VICINITY MAP NOT TO SCALE SEC 10, T121N., R25W \ �s NWI/4 \ \ \\ r C.S.A.H. 39 ^\ \, I Ni \ \Y F _ _\ �_L _ _----- r (GOLF COURSE RD) \ \ OA P// INW-SW F r/yN NE -SW \SEi/4 ' SITE T %�2•"' \\ SW -SW Si r L - - 2-- �-I y - -- --- _d O n✓� F. I I(,rrcji •� " I 9 130,00 ^IAI'I / n VV I / `t BEARING ORIENTATION: THE WEST LINE OF THE SW114 OF THE SWI/4 OF SECTION 10, T.121N.,R.25W., IS ASSUMED TO BEAR N01°17'56"W. 80 0 80 160 240 1 INCH= 80 FEET LEGEND: O DENOTES 5/8 INCH BY 18 INCH REBAR SET WITH PLASTIC CAP MARKED BY LICENSE NO. 44901 0DENOTES FOUND IRON MONUMENT ODENOTES FOUND WRIGHT COUNTY CAST IRON MONUMENT KNOW ALL PERSONS BY THESE PRESENTS: That Northern States Power Company, a Minnesota Corporation, fee owner of the following described property, situated in the City of Monticello, in the County of Wright, State of Minnesota, to wit: Thal part of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 121 North, Range 25 West, Wright County, Minnesota, described as follows: The North 544.51 feet of the West 799.29 feet of the Southwest Quarter of the Southwest Quarter of Section 10, Township 121 North, Range 25 West, Wright County, Minnesota. Subject to easements of record. Has caused the same to be surveyed and platted as FIRST LAKE SUBSTATION and does hereby dedicate to the public for public use the public way, and the drainage and utility easements as created by this plat. In witness whereof said Northern States Power Company, a Minnesota Corporation, fee owner, has caused these presents to be signed by its proper officer this day of , 20 Anthony T. Jandro, Director Transmission Portfolio Delivery STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of , 20 by Anthony T. Jandro, Director Transmission Portfolio Delivery, of Northern States Power Company, a Minnesota Corporation, on behalf of the Corporation. Notary Signature Notary Printed Name Notary Public, County, State of Minnesota My Commission Expires: SURVEYOR'S CERTIFICATE I Todd M. Hendershott do hereb certi that this plat was re ared by me or under m direct But ervisiom that I am a dui Licensed Land Surveyor in the Stale of Minnesota; that this plat is a correct re resentation hereby=that P P P Y P Y `� P P of the boundary survey; that all mathematical data and labe s are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Todd M. Hendershott, Licensed Land Surveyor Minnesota License No. 43806 STATE OF MINNESOTA COUNTY OF The forgoing Surveyor's Certificate was acknowledged before me this day of , 20 by Todd M. Hendershott, Land Surveyor, Minnesota License No. 43806 Notary Signature Notary Printed Name Notary Public, County, State of Minnesota My Commission Expires: CITY PLANNING COMMISSION, MONTICELLO, MINNESOTA This plat of FIRST LAKE SUBSTATION was approved and accepted by the Planning Commission of the City of Monticello, Minnesota, at a regular meeting thereof held this day of , 20 Chairperson Secretary CITY COUNCIL, MONTICELLO, MINNESOTA This plat of FIRST LAKE SUBTATION was approved and accepted in compliance with Minnesota Statutes Section 505.03 Subd. 2, by the City Council of the City of Monticello, Minnesota, at a meeting held this day of 20 Mayor City Administrator WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with the Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 20 Wright County Surveyor WRIGHT COUNTY AUDITOR Pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes on the land hereinbefore described on this plat and transfer entered this day of , 20 By: Wright County Auditor Deputy WRIGHT COUNTY TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid this day of —20 By: Wright County Treasurer Deputy WRIGHT COUNTY RECORDER I hereby certify that this instrument was fled in the office of the County Recorder for record on this day of 20 , at o'clock_. M. and was duly recorded in Cabinet No. , Sleeve , as Document No. Wright County Recorder n IF r- � I oz n� 12 FOOT DRAINA 8 UTILITY EASEMENT �I 799.99 N88°54 20"W SOUTH LINE OF THE NORTH 544.51 FEET OF THE WEST 799.29 FEET OF THE SWI /4 OF THE Si VICINITY MAP NOT TO SCALE SEC 10, T121N., R25W \ �s NWI/4 \ \ \\ r C.S.A.H. 39 ^\ \, I Ni \ \Y F _ _\ �_L _ _----- r (GOLF COURSE RD) \ \ OA P// INW-SW F r/yN NE -SW \SEi/4 ' SITE T %�2•"' \\ SW -SW Si r L - - 2-- �-I y - -- --- _d O n✓� F. I I(,rrcji •� " I 9 130,00 ^IAI'I / n VV I / `t BEARING ORIENTATION: THE WEST LINE OF THE SW114 OF THE SWI/4 OF SECTION 10, T.121N.,R.25W., IS ASSUMED TO BEAR N01°17'56"W. 80 0 80 160 240 1 INCH= 80 FEET LEGEND: O DENOTES 5/8 INCH BY 18 INCH REBAR SET WITH PLASTIC CAP MARKED BY LICENSE NO. 44901 0DENOTES FOUND IRON MONUMENT ODENOTES FOUND WRIGHT COUNTY CAST IRON MONUMENT KNOW ALL PERSONS BY THESE PRESENTS: That Northern States Power Company, a Minnesota Corporation, fee owner of the following described property, situated in the City of Monticello, in the County of Wright, State of Minnesota, to wit: Thal part of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 121 North, Range 25 West, Wright County, Minnesota, described as follows: The North 544.51 feet of the West 799.29 feet of the Southwest Quarter of the Southwest Quarter of Section 10, Township 121 North, Range 25 West, Wright County, Minnesota. Subject to easements of record. Has caused the same to be surveyed and platted as FIRST LAKE SUBSTATION and does hereby dedicate to the public for public use the public way, and the drainage and utility easements as created by this plat. In witness whereof said Northern States Power Company, a Minnesota Corporation, fee owner, has caused these presents to be signed by its proper officer this day of , 20 Anthony T. Jandro, Director Transmission Portfolio Delivery STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this day of , 20 by Anthony T. Jandro, Director Transmission Portfolio Delivery, of Northern States Power Company, a Minnesota Corporation, on behalf of the Corporation. Notary Signature Notary Printed Name Notary Public, County, State of Minnesota My Commission Expires: SURVEYOR'S CERTIFICATE I Todd M. Hendershott do hereb certi that this plat was re ared by me or under m direct But ervisiom that I am a dui Licensed Land Surveyor in the Stale of Minnesota; that this plat is a correct re resentation hereby=that P P P Y P Y `� P P of the boundary survey; that all mathematical data and labe s are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Todd M. Hendershott, Licensed Land Surveyor Minnesota License No. 43806 STATE OF MINNESOTA COUNTY OF The forgoing Surveyor's Certificate was acknowledged before me this day of , 20 by Todd M. Hendershott, Land Surveyor, Minnesota License No. 43806 Notary Signature Notary Printed Name Notary Public, County, State of Minnesota My Commission Expires: CITY PLANNING COMMISSION, MONTICELLO, MINNESOTA This plat of FIRST LAKE SUBSTATION was approved and accepted by the Planning Commission of the City of Monticello, Minnesota, at a regular meeting thereof held this day of , 20 Chairperson Secretary CITY COUNCIL, MONTICELLO, MINNESOTA This plat of FIRST LAKE SUBTATION was approved and accepted in compliance with Minnesota Statutes Section 505.03 Subd. 2, by the City Council of the City of Monticello, Minnesota, at a meeting held this day of 20 Mayor City Administrator WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with the Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 20 Wright County Surveyor WRIGHT COUNTY AUDITOR Pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes on the land hereinbefore described on this plat and transfer entered this day of , 20 By: Wright County Auditor Deputy WRIGHT COUNTY TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid this day of —20 By: Wright County Treasurer Deputy WRIGHT COUNTY RECORDER I hereby certify that this instrument was fled in the office of the County Recorder for record on this day of 20 , at o'clock_. M. and was duly recorded in Cabinet No. , Sleeve , as Document No. Wright County Recorder 799.99 N88°54'20"WN01°17'57"W544.9925'-0"3'-0"65'-0"34'-0"36'-0"34'-0"5'-0"25'-0"24'-0" 4'4'10'-0"10'-0" PRELIMINARY NOT FOR CONSTRUCTION199'-0" (PROPOSED FENCE)"4330'-2265'-6" (PROPOSED FENCE)227'-0"48'-0" (TO WORK POINT)366'-0" (TO PROPOSED WORKING POINT) 17'-6"14'-0"29'-0"15'-0"12'-0"13'-0"20'-0"20'-0"15'-0"14'-0" 45'-6"30'-0"45'-0"49'-0"30'-0"30'-0"18'-0"18'-0"37'-0"20'-0"20'-0"50'-0""161544'-325'-0"S88°54'20"E 799.99 544.51799.2900°48'03"2 5 2 5 82.50 82.50 37.50 37.50 55 55 544.99S01°17'57"E3261740-P1NH FSLFIRST LAKE SUBSTATION GENERAL ARRANGEMENT PERMITTING 1"=30'-0"NH-261740-P1.DGN-1/21/2015 4:45:11 PM~~ ENCLOSURE EQUIPMENT ELECTRICAL A B C D 4 3 K L M 21 20 22 A B C 2 1 A B C AREA 115KV AREA 34.5KV REFERENCE LINENORTH-SOUTHREFERENCE LINE EAST-WEST N REFERENCE LINE EAST-WEST EASEMENT GAS PIPELINE EASEMENT TEMPORARY MONTICELLO CITY OF (NSP EASEMENT)(NSP EASEMENT) EASEMENT NSP PROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINEROAD ACCESS ROAD ACCESS DALTON AVENUEWORK POINT PROPOSED MONTICELLO 115KV LINE TO LAKE PULASKI 115KV LINE TO DRIVE GATE SCALE REV FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. THIS MAP/DOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY R PRELIMINARY NOT FOR CONSTRUCTION5'-0"25'-0"37'-0"24'-4"41'-4"28'-4"25'-4"10'-0"4'4'10'-0"10'-0"5'-0" 135° "wo#12050297" "wo#12006298" 24'-0"5 3 16 4 25 3 16 4 2X0H1X1H2X2H3X3 GROUND GROUNDREACTOR 5 3 16 4 25 3 16 4 2 ~~ ~~ D GENERAL NOTES 1. FOR LOCATION OF BENCH MARK SEE CONTOUR & GRADING LAYOUT. 2. FOR SUBSTATION ROUGH GRADE SEE CONTOUR & GRADING LAYOUT. 3. SUBSTATION AREA ENCLOSED BY FENCE AND EXTENDING 5'-0" OUTSIDE. 4. FENCE - 7'-0" HIGH STEEL CHAIN LINK FABRIC AND 1'-0" HIGH VERTICAL HEIGHT BARBED WIRE ON TOP, MOUNTED AT A 45° ANGLE POINTED OUTSIDE OF SUBSTATION. IN ACCORDANCE WITH ENG & DSGN STD ED 4.09.03. 5. SEE STRUCTURAL STEEL DRAWINGS FOR LOAD REQUIREMENTS OF EXTERNAL AND INTERNAL STRAINS. 6. U.G. POWER DUCTS PASS UNDER FENCE MIDWAY BETWEEN FENCE POSTS AND, WHERE POSSIBLE, NOT LESS THAN 2'-6" BELOW GRADE. LEGEND OLD FENCE SIGN WORDED "WARNING, HAZARDOUS VOLTAGES INSIDE, KEEP OUT, CAN SHOCK BURN OR CAUSE DEATH". (THIS SIGN CAN NO LONGER BE ORDERED) A B FENCE WARNING SIGN (ITEM 708), PER ENG & DSGN STD ED 4.10.01. THE SIGNS ARE TO BE MOUNTED 5'-0" FROM GRADE TO TOP OF SIGN, 30-0" - 45'-0" APART AND NO MORE THAN 15'-0" FROM THE CORNERS. ONE SIGN SHOULD BE PLACED ON THE OUTSIDE OF EACH WALK GATE. TWO SIGNS SHOULD BE MOUNTED ON EACH DRIVE GATE, ONE ON THE INSIDE AND ONE ON THE OUTSIDE. (BACK TO BACK ON THE LEFT SIDE OR DRIVERS SIDE PANEL OF THE DOUBLE GATES). BURIED CABLE SIGN (ITEM 706), PER ENG & DSGN STD ED 4.10.06. THE SIGNS ARE TO BE MOUNTED ON EACH SIDE OF FENCE FABRIC, BACK TO BACK AND APPROXIMATELY 3'-6" FROM GRADE TO TOP OF SIGNS. C INDICATES CONCRETE MARKER FOR U.G. CABLE RUNS. (SEE LATEST REVISON DOOR, APPROXIMATELY 5'-0" FROM THE BOTTOM OF THE DOOR TO THE TOP OF SIGN. INDICATES A YELLOW CONCRETE FILLED BOLLARD (ITEM 299). M-1 F E BURIED CABLE SIGN (ITEM 706), MOUNTED ON POST (BY FIELD), PER ENG & DSGN STD ED 4.10.06. SUBSTATION IDENTIFICATION SIGN (ITEM 718), PER ENG & DSGN STD ED 4.10.02 (TOP) ADDRESS SIGN (ITEM 716) PER ENG & DSGN STD ED 4.10.03 (BOTTOM). THE TOP SIGN MOUNTED 5'-0" FROM GRADE TO TOP OF SIGN AND LOCATED ADJACENT TO WALK OR DRIVE GATES. BATTERY WARNING SIGN (ITEM 707), PER ENG & DSGN STD ED 4.10.04. THE SIGNS ARE TO BE MOUNTED ON THE OUTSIDE OF EACH ELECTRICAL EQUIPMENT ENCLOSURE OF PHY DETAIL NL-200902-2-11) D C B A 4 3 K L M EDGE OF FINISHED GRADE 22 21 A B C 2 1 A B C N EDGE OF FINISHED GRADE FOR DRAWING REFERENCE AND REVISION INFORMATION SEE INDEX SHEET N?- 115KV LINE TO LAKE PULASKI (LAP) 115KV LINE TO MONTICELLO (MNN) 34.5KV FDR FSL311 34.5KV FDR FSL312 5N89 MOD 5N90 DISC BUS 1 BUS 2 PREF AUX BUS 1 PT's FUT 34.5KV FDR FUT 34.5KV FDR ELECTRICAL EQUIPMENT ENCLOSURE TR1 20 DRIVE GATE C B A C B A EDGE OF FINISHED GRADE A A B C A B C B C A C B C B A FUT TR2 100' SHIELD POLE 12'-6"7'-0"12'-0"29'-0"15'-0"12'-0"13'-0"20'-0"20'-0"15'-0"14'-0"152'-0" (PROPOSED FENCE)20'-0"20'-0"50'-0"5'-0" 265'-6" (PROPOSED FENCE) 30'-0"18'-0"18'-0"45'-6"30'-0"45'-0"49'-0"30'-0"25'-0"5'-0"5'-0"12'-0"12'-0"5'-0"3'15'-0"15'-0"3'5'-0"12'-0"12'-0"5'-0"65'-0"34'-0"36'-0"34'-0"30'-0"5'-0"199'-0" (PROPOSED FENCE)EAST-WEST BASE LINE NORTH-SOUTHBASE LINESITE PLAN 5N91 MOD CCVT A-PH CCVT A-PH TRAP A-PH TRAP A-PH SCALE REV FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. THIS MAP/DOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY R M NH FSL 261740 FIRST LAKE SUBSTATION GENERAL ARRANGEMENT 1"=20'-0"12 NH-261740.DGN-2/24/2015 2:03:57 PM (DOC RELEASED 249814)RELEASE OF EASEMENT (DOC NO. 972536) LINE EASEMENT RESERVED PER PARTIAL 165’ WIDE NSP ELECTRICAL TRANSMISSION 12’ WIDE DRAINAGE & UTILITY EASEMENT PER OTTER CREEK CROSSING 3RD ADD. 50’ WIDE PIPELINE EASEMENT (PER DOC NO. 557580) (APPROXIMATE LOCATION) 12’ WIDE DRAINAGE & UTILITY EASEMENT PER OTTER CREEK CROSSING 3RD ADD.12’ WIDE DRAINAGE & UTILITY EASEMENTPER OTTER CREEK CROSSING 3RD ADD.(DOC RELEASED 187120)RELEASE OF EASEMENT (DOC NO. 972536) LINE EASEMENT RESERVED PER PARTIAL 75’ WIDE NSP ELECTRICAL TRANSMISSION SCALE REV FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. THIS MAP/DOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY R 942 943943 944 944 944 94494594 5 945 945 946 946 9 4 6 9 47947 947948948 948 948M 949 949950950 950950950 950 950951 951 951951 952952952 952 952 953 953 953 953 953 954 9 54 954 954 954 95495495595 5955 955 955955955 9559 5 5 955 955 956956 956956956956 956956956956 956957 957957957957957957957957957957957957 957 958958 958958958958958958958958958958958958958958959959 959959959959959959 959959959959959959959959959 M 9 6 0 960960960960960960960960 9609609609609609609 6 0 960960 9609 6 0960 9619 6 1 961961961 9 6 1 961961961961961961961961 961961961961961961 9 6 2 9629629629629 6 2 962962 962962962962962962 962962962962962962963963963 963963 9 6 3 963963 963963963963963963963963 963 963963963963964964964 964964964 964964 9649649649649649649 6 4 964 964964964964965965965 96596596 5 965 9 6 5 965965965965965965965965965965 965965965966966966966966966966966966966966966966966966966966966 967 967 967967967968SETBACK 50 FOOT 961.0 X 963.0 X X 960.4 RG 1019 N=216836.96 E=515301.82 N=217381.81 E=515289.47 N=217397.09 E=514489.63 N=216852.24 WORK POINT E=514501.98 N=216875.27 F.G. ELEV.=962.33 R.G. ELEV.=962.00 E=514723.52 N=217084.22 F.G. ELEV.=962.33 R.G. ELEV.=962.00 E=514718.78 N=216881.52 F.G. ELEV.=959.33 R.G. ELEV.=959.00 E=514998.94 N=217043.47 F.G. ELEV.=959.33 R.G. ELEV.=959.00 E=514995.27 N=217041.94 F.G. ELEV.=960.13 R.G. ELEV.=959.80 E=514927.86 N=217086.62 F.G. ELEV.=961.23 R.G. ELEV.=960.90 E=514824.75 N=217111.61 F.G. ELEV.=961.23 R.G. ELEV.=960.90 E=514824.18 N=217087.10 F.G. ELEV.=960.73 R.G. ELEV.=960.40 E=514880.61 N=217101.10 N=217111.97 N=217122.20 N=217202.32 N=217234.55 N=217203.22 N=217248.34 N=217323.40 N=217304.50 N=216908.53 E=514866.80 N=217319.43 N=217347.39 N=217329.46 N=217353.66 MATCH EXIST. E=515252.20 MATCH EXIST. E=515243.84 INV-958.0 INV-959.0 F.G. ELEV.=960.90 E=514840.18 F.G. ELEV.=960.90 E=514874.43 F.G. ELEV.=961.00 E=514849.95 F.G. ELEV.=962.30 E=514872.14 F.G. ELEV.=962.30 E=514848.11 F.G. ELEV.=962.30 E=514863.27 F.G. ELEV.=962.30 E=514882.97 F.G. ELEV.=960.70 E=514919.72 F.G. ELEV.=960.70 E=514938.51 F.G. ELEV.=960.00 E=514976.54 F.G. ELEV.=960.00 E=514975.99 SETBACK 15 FOOT SETBACK 50 FOOT SETBACK 50 FOOT INV-954.0 1019 PER DOC NO. 972536CL 75’ WIDE NSP EASEMENTPER DOC NO. 972536CL 165’ WIDE NSP EASEMENT DALTON AVENUEDRAINAGE & UTILITY EASEMENT PROPOSED 12 FOOT WIDE UNDE R GR OUND GAS LI NE GAS TANKCURB A-1049330) RECORDED ON 04-09-2007. TO THE CITY OF MONTICELLO (PER DOC 110 FOOT WIDE GRANT OF TEMPORARY EASEMENT ON CONCRETE SLAB IRRIGATION PIVOT STRUCTURE TRANSMISSION ELECTRIC STRUCTURE TRANSMISSION ELECTRIC DRAINAGE & UTILITY EASEMENTPROPOSED 12 FOOT WIDE DRAINAGE & UTILITY EASEMENT PROPOSED 12 FOOT WIDE DRAINAGE & UTILITY EASEMENT PROPOSED 25 FOOT WIDE PROPOSED ROAD RIGHT-OF-WAY ANH FSL NH-265130.DGN1/30/2015 11:21:34 AM-265130 FIRST LAKE SUBSTATION CONTOUR AND GRADING LAYOUT PLAN 1"=40’-0" 1. 1. 3. 2. 1. 6. 5. 4. 3. 2. 1. GENERAL NOTES CONSTRUCTION SEQUENCE REMOVE SILT FENCE AFTER VEGETATION IS ESTABLISHED SEED AND BLANKET AFTER MASS GRADING IS COMPLETED REMOVE ANY DEBRIS THAT MAY BE TRACKED OFF-SITE DAILY. THROUGH SCRAPING OR DRESSING WITH ADDITIONAL AGGREGATE. THE TRACKING PAD PERFORMANCE SHALL BE MAINTAINED CONDITIONS ALLOW ACCESS. WITHIN 72 HOURS OF DISCOVERY, OR AS SOON AS FIELD MAINTENANCE OF EROSION CONTROL SHOULD BE COMPLETED MAINTENANCE 8. 7. 6. 5. 4. 3. 2. 1. SEED AND MULCH/BLANKET. COMPLETE MASS GRADING. APPLY TEMPORARY SEED (IF NECESSARY). GRADE DIVERSION BERMS AND DIVERSION SWALES. CLEARING AND GRUBBING. INSTALL SILT FENCE. NO CASE SHALL IT AFFECT OVERALL SITE DRAINAGE. OF OFF-SITE OR UTILIZED IN LANDSCAPING ACTIVITIES AND IN EXCESS SOIL FROM GRADING EXCAVATION TO BE PROPERLY DISPOSED PLAN", REV. 0, DATED 8/18/95. WITH XCEL ENERGY SPEC. 221 "SPECIFICATION FOR EROSION CONTROL EROSION CONTROL SHALL BE PERFORMED IN ACCORDANCE REV. 3, DATED 7/15/94 WITH XCEL ENERGY SPEC. 220 "SPECIFICATION FOR SITE GRADING", SITE GRADING SHALL BE PERFORMED IN ACCORDANCE AND INSTALLED BY XCEL ENERGY. GRADE CONSISTS OF 4 INCHES OF CRUSHED ROCK PROVIDED HIGHER THAN THE ROUGH GRADE ELEVATION. FINISHED FINISHED GRADE IN SUBSTATION GRADED AREA IS 4 INCHES INDICATE THE TOP OF FINISHED TOPSOIL. CONTOURS OUTSIDE OF THE SUBSTATION GRADED AREA TOP OF BASE MATERIAL. ELEVATIONS INDICATED IN SUBSTATION GRADED AREA ARE CONTOURS AT ONE FOOT INTERVALS. AND PETERSON ROAD. ELEVATION OF BENCH MARK IS 901.99. PETERSON ROAD NEAR INTERSECTION OF 125TH STREET TOP OF 1" SOLID IRON FOUND IN SOUTH RIGHT-OF-WAY OF LOCATION OF BENCH MARK FOR GRADE ELEVATION IS POWER POLE POWER LINE EXISTING FENCE EXISTING CONTOURS FLOW DIRECTION PROPOSED CONTOUR PROPERTY LINE PROPOSED PAD EDGE SOIL BORINGS SILT FENCE LEGEND 799.99 N88 54’20"W S0117’57"E544.99S88 54’20"E 799.99 544.99N0117’57"WREFERENCE LINE EAST-WEST REFERENCE LINENORTH-SOUTHN0117’56"WS88 42’04"W WORK POINT 366’-048’-0131’-6 144’-0 275’-625’-0179’-030’-0234’-0132’-030’-0162’-0275’-6 67’-664’-038’-0 106’-0 GAS LINE 10’-0R 20’-0R 5 0 ’-0R70’-0R5 0’- 0 R7 4’- 0 R90LF 12"RCP @ 1.11% N TEMP. ESMT CL 110’ WIDE(KANE B PIPE LI NE OP E R ATI NG P AR T NE RS HIP, L.P.) 50’ WI DE PIP E LI NE E AS E ME NT PE R DOC NO. 917318 956.0 NWL POND 960961965955962962961961960 959 958 INLET PROTECTION ROCK CONSTRUCTION ENTRANCE 124LF 12" RCP @ 2.42% DATE: 1-22-13 PRELIMINARY FOR REVIEW DATE: THE SIGNED DRAW 2/3/2015 (DOC RELEASED 249814)RELEASE OF EASEMENT (DOC NO. 972536) LINE EASEMENT RESERVED PER PARTIAL 165’ WIDE NSP ELECTRICAL TRANSMISSION 12’ WIDE DRAINAGE & UTILITY EASEMENT PER OTTER CREEK CROSSING 3RD ADD.12’ WIDE DRAINAGE & UTILITY EASEMENTPER OTTER CREEK CROSSING 3RD ADD.(DOC RELEASED 187120)RELEASE OF EASEMENT (DOC NO. 972536) LINE EASEMENT RESERVED PER PARTIAL 75’ WIDE NSP ELECTRICAL TRANSMISSION 37.5 SCALE REV FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. THIS MAP/DOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY R 942 943943 944 944 944 9449459 4 5945 945 946 946 9 4 6 947 947 947948948 948 948M 949 949950950 950950950 950 950951 951 951951 952952952 952 952 953 953 953 953 953 954 95 4 954 954 954 95495495595 5955 955 955955955 9559 5 5 955 95516" DIP956956 956956956956 956956956956 956957 95795795795795795795795795795795795724" RCP958958 958958958958958958958958958958958958958959959 959959959959959959 959959959959959959959959959 M 9 6 0 960960960960960960960960 9609609609609609 6 0 9609609 6 0 9619 6 1 9619619 6 1 961961961961961961961961 961961961961961961 9 6 2 962962962962962962 962962962962962962 962962962962962962963963963 963963 9 63963 963963963963963963963 963 96396396396312" PVC964964964 9649 6 4964 9 64 964 9649649649649649 6 4 964 964964964965965965 965965965 965 9 6 5 965965965965965965965965965965 965965965966966966966966966966966966966966966966966966966966 9 6 7 967 967SETBACK 50 FOOT N=216836.96 E=515301.82 N=217381.81 E=515289.47 N=217397.09 E=514489.63 N=216852.24 WORK POINT E=514501.98 SETBACK 15 FOOT SETBACK 50 FOOT SETBACK 50 FOOT N=216908.53 E=514866.80 SYMBOL COMMON NAME BOTANICAL NAME MATURE SIZE (Height x Width) SIZE & TYPE QTY AMUR MAPLE MANEY JUNIPER WELCH JUNIPER SPRING SNOW CRABAPPLE BLACK HILLS SPRUCE WHITE PINE MUGO PINE PRAIRIE STATURE OAK MINUET LILAC JAPANESE TREE LILAC AMERICAN SENTRY LINDEN Acer ginnala Juniperus chinensis ’Maneyi’ Juniperus scopulorum ’Welchi’ Malus ’Spring Snow’ Picea glauca densata Pinus strobus Pinus mugo pumilio Quercus x bimundorum ’Midwest’ Syringa ’Minuet’ Syringa reticulata Tilia americana ’McKSentry’ 20’ x 15’ 5’ x 6’ 12’ x 4’ 30’ x 15’ 40’ x 25’ 60’ x 25’ 5’ x 6’ 35’ x 25’ 8’ x 6’ 25’ x 25’ 40’ x 25’ 1 1/2" Caliper 2’ Ht.,cont. 2’ Ht.,cont. 1 1/2" Caliper 6’ Ht., B&B 6’ Ht., B&B 2’ Ht.,cont. 2" Caliper 2’ Ht.,cont. 1 1/2" Caliper 2" Caliper x x x x x x x x x x x 1019 1019 PER DOC NO. 972536CL 75’ WIDE NSP EASEMENTPER DOC NO. 972536CL 165’ WIDE NSP EASEMENT DALTON AVENUEDRAINAGE & UTILITY EASEMENT PROPOSED 12 FOOT WIDE UNDE R GR OUND GAS LI NE GAS TANKCURB A-1049330) RECORDED ON 04-09-2007. TO THE CITY OF MONTICELLO (PER DOC 110 FOOT WIDE GRANT OF TEMPORARY EASEMENT STRUCTURE TRANSMISSION ELECTRIC STRUCTURE TRANSMISSION ELECTRIC DRAINAGE & UTILITY EASEMENTPROPOSED 12 FOOT WIDE DRAINAGE & UTILITY EASEMENT PROPOSED 12 FOOT WIDE DRAINAGE & UTILITY EASEMENT PROPOSED 25 FOOT WIDE PROPOSED ROAD RIGHT-OF-WAY BNH FSL 265133 FIRST LAKE SUBSTATION PLAN 1"=40’-0"NH-265133.DGN2/3/2015 10:23:48 AM- LANDSCAPE LAYOUT POWER POLE POWER LINE EXISTING FENCE EXISTING CONTOURS FLOW DIRECTION PROPOSED CONTOUR PROPERTY LINE PROPOSED PAD EDGE SOIL BORINGS SILT FENCE LEGEND 799.99 N88 54’20"W S0117’57"E544.99S88 54’20"E 799.99 544.99N0117’57"WREFERENCE LINE EAST-WEST REFERENCE LINENORTH-SOUTHN0117’56"WS88 42’04"W WORK POINT GAS LINE N TEMP. ESMT CL 110’ WIDE (KANE B PIP E LI NE OPE R ATI NG P AR T NE RS HIP, L.P.) 50’ WI DE PIP E LI NE E AS E ME NT PE R DOC NO. 917318 960961965955962962961961960 959 958 17.LANDSCAPE INSTALLATION SHALL BE COMPLETED ON OR BEFORE JUNE 15, 2016. SHALL BE PROVIDED BY THE OWNER’S REPRESENTATIVE. ADDRESSED. ONCE ANY ISSUES ARE CORRECTED, A LETTER OF FINAL ACCEPTANCE CONTRACTOR SHALL BE NOTIFIED OF ANY MAINTENANCE ISSUES THAT MUST BE ONE WEEK PRIOR TO THE COMPLETION OF THE WARRANTY AND MAINTENANCE. THE 16.THE OWNER’S REPRESENTATIVE SHALL PERFORM AN INSPECTION APPROXIMATELY AND MAINTENANCE PERIOD. NOTICES FROM THE CITY PER THE LANDSCAPE ORDINANCE DURING THE WARRANTY THE CONTRACTOR SHALL BE RESPONSIBLE TO COMPLETE ANY MAINTENANCE TO THE COMPLETION OF THE WARRANTY AND MAINTENANCE TIMELINE. SHALL OCCUR AT A MINIMUM ONCE IN THE SPRING AND ONCE IN THE FALL PRIOR THERE IS 25 PERCENT OR MORE OF THE CROWN DEAD. REPLACEMENT PLANTING OR PARTIALLY DIES TO THE POINT THAT THE MAIN LEADER HAS DIED BACK OR THE PROJECT. THE CONTRACTOR SHALL REPLACE ANY TREE OR SHRUB WHICH DIES REPRESENTATIVE INCLUDING THE REMOVAL OF ANY DEAD PLANT MATERIAL FROM AND OTHER ESTABLISHMENT PROCEDURES AS DEEMED NECESSARY BY THE OWNER’S WEEDING WITH A PRE-EMERGENT WEED CONTROL OR OTHER PRE-APPROVED MEANS, CULTIVATING, REPLACING MULCH, KEEPING THE STAKES FIRM AND GUYS ADJUSTED, AS REQUIRED BY NECESSITY OR DIRECTED BY THE OWNER’S REPRESENTATIVE, DISEASES (INCLUDING RABBIT AND/OR RODENT PROTECTION), WATERING AS OFTEN SHALL INCLUDE ADDITIONAL PRUNING, PROTECTIVE MEASURES AGAINST PESTS AND 15.THE ESTABLISHMENT PROCEDURES THROUGH THE EXTENT OF THE CONTRACT WARRANTY AND MAINTENANCE PERIOD. RINGS SHALL BE CLEARED OF WEEDS A MINIMUM OF ONCE PER MONTH DURING THE MAINTENANCE PERIOD SHALL BE FOR ONE FULL YEAR. PLANTING BEDS AND TREE INITIAL ACCEPTANCE BY THE OWNER’S REPRESENTATIVE. THE WARRANTY AND WARRANTY AND MAINTENANCE PERIOD WHICH SHALL COMMENCE UPON THE DATE OF TIMELINE FOR THE PROJECT. ALL PLANTS SHALL BE SUBJECTED TO A WRITTEN OWNER’S REPRESENTATIVE ESTABLISHING THE WARRANTY AND MAINTENANCE CORRECTIONS, A LETTER OF INITIAL ACCEPTANCE SHALL BE PROVIDED BY THE FOR IMMEDIATE CORRECTION. UPON THE COMPLETION OF ANY PROCEDURE HAVE NOT BEEN PERFORMED SHALL BE BROUGHT TO THE CONTRACTOR’S ATTENTION PLANTING AREAS FOR ACCEPTABILITY. ANY ESTABLISHMENT PROCEDURES THAT REPRESENTATIVE WILL MAKE AN INSPECTION OF ALL PLANT MATERIALS AND 14.UPON COMPLETION OF INSTALLATION OF ALL PLANT MATERIALS, THE OWNER’S SHALL BE AS SPECIFIED IN THE PROJECT PLANS. INCLUDED IN THE BID COST OF THE PROJECT. RESTORATION OF TURF AREAS PLANT MAINTENANCE OPERATIONS. ANY RESTORATION NECESSARY SHALL BE DISTURBED BY PLANT INSTALLATIONS AS WELL AS AREAS DISTURBED DURING OPERATIONS. CONTRACTOR IS RESPONSIBLE FOR RESTORING ANY TURF AREAS 13.CONTRACTOR SHALL CLEAN UP ENTIRE AREA OF WORK FOLLOWING PLANTING PRIOR TO THE MAINTENANCE PERIOD COMPLETION DATE. DURING THE MAINTENANCE PERIOD WITH A FINAL APPLICATION WITHIN ONE WEEK FROM WATER DAMAGE IMMEDIATELY. CONTRACTOR SHALL MAINTAIN MULCH DEPTH INSTALLATION. THE CONTRACTOR SHALL REPAIR ALL MULCH LOSS AND EROSION INCHES. ALL PLANT MATERIALS SHALL BE WATERED WITHIN TWO (2) HOURS OF THOROUGHLY WATER MULCHED AREAS TO A SOIL DEPTH OF AT LEAST SIX (6) APPROVAL FOR ANY CHANGES TO THE PLANS OR SPECIFICATIONS. SHALL NOTIFY THE OWNER’S REPRESENTATIVE IN WRITING TO OBTAIN WRITTEN DEPTH IS NECESSARY TO MAINTAIN HEALTHY PLANT MATERIALS, THE CONTRACTOR SURVIVABILITY. IF CONDITIONS ARE SUCH THAT AN ADJUSTMENT TO THE MULCH INCH MULCH DEPTH UNLESS EXCESS SOIL MOISTURE AT SITE LIMITS POTENTIAL IN A MASS TREE/SHRUB BED. PLACE AND MAINTAIN A UNIFORM, MINIMUM THREE (3) SHALL HAVE A MINIMUM SIX (6) FOOT DIAMETER MULCHED RING IF NOT PLANTED MULCH SHALL BE KEPT SIX INCHES AWAY FROM PLANT TRUNKS AND STEMS. TREES CEDAR. ALL FOREIGN DEBRIS. WOOD MULCH SHALL BE LONG, FIBROUS IN NATURE, SHREDDED AVOID OPEN SOIL WEED GROWTH PROBLEMS. MULCH MATERIALS SHALL BE FREE OF MULCH INSTALLATIONS. MULCH AREAS IMMEDIATELY AFTER PLANT INSTALLATION TO 12.ALL PLANTING AREAS SHALL BE COMPLETELY WEED-FREE AT THE TIME OF MATERIALS. PLANT STAKING AD STAKING REMOVALS IN THE BID PRICE FOR THE PLANT THE PROPERTY OF THE SITE OWNER. INCLUDE ALL COSTS ASSOCIATED WITH THE REPRESENTATIVE, LEAVE THE STAKING IN THOSE LOCATIONS WHICH THEN BECOME CERTAIN LOCATIONS REQUIRE EXTENDED STAKING, AS DETERMINED BY THE OWNER’S APPROXIMATELY ONE (1) YEAR WILL BECOME THE PROPERTY OF THE CONTRACTOR. IF TREE STAKING. ALL STAKES AND ASSOCIATED HARDWARE REMOVED AT OWNER’S REPRESENTATIVE TO ADDRESS SITE SPECIFIC TIMELINES TO REMOVE THE LEAVE STAKES IN PLACE FOR APPROXIMATELY ONE (1) YEAR. COORDINATE WITH THE THE WARRANTY AND MAINTENANCE PERIOD. OF MOWING AND MAINTENANCE PURPOSES. ADJUST STAKING AS NECESSARY DURING FROM THE GUYING. STAKING TO BE ALIGNED AND WITHIN MULCH AREA FOR EASE TRANSFER SUPPORT FROM THE STAKE TO THE TREE. PROTECT THE TREE BARK TREES AND ARE FIRM. SET GUYS SUFFICIENTLY TIGHT AND HORIZONTAL TO INSTALLATION. DRIVE THE STAKES INTO UNDISTURBED SOIL SO THEY SUPPORT THE 11.ALL NEWLY PLANTED TREES SHALL BE STAKED AND GUYED IMMEDIATELY AFTER FORMATION OF LOW PLACES OR POCKETS WHERE WATER WILL STAND. PROPERLY COMPACTED CONDITION TO PREVENT, INSOFAR AS PRACTICAL, THE THE AREAS SHALL BE SMOOTH-GRADED AND THE SURFACE LEFT IN AN EVEN AND BREAK UP ALL LUMPS OR CLODS BEFORE BACKFILLING. EXTRANEOUS MATERIAL. REMOVE STONES LARGER THAN ONE (1) INCH DIAMETER. FREE OF ANY STONES, LUMPS, CLODS, PLANTS OR ROOTS, STICKS, WOOD, OR OTHER TOPSOIL SHALL BE A FERTILE LOAM SOIL, FRIABLE, UNIFORM IN TEXTURE, AND OF WATER AROUND THE PLANT MATERIAL TRUNKS AND STEMS UTILIZING TOPSOIL. 10.THE CONTRACTOR SHALL ENSURE PROPER DRAINAGE AND PREVENT ANY POOLING PLANTED TOO DEEP SHALL BE RAISED AT THE CONTRACTOR’S EXPENSE. THROUGHOUT THE WARRANTY AND MAINTENANCE PERIOD. ANY PLANTS FOUND THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING PLANTS IN A PLUMB POSITION BACKFILL USING WATER TO SETTLE SOIL AROUND ROOTBALL. EDGES. SCORE SIDES OF THE ROOTBALL PRIOR TO BACKFILL. GENTLY PACK ROOTS IN THE PLANTING PIT THAT HAD BEEN GROWING ALONG ANY CONTAINER ALLCONTAINERS/BURLAP/TWINE/WIRES/ETC. STRAIGHTEN ANY FLARE AND FIBROUS ADVANTAGEOUS AND FIBROUS ROOTS GROWING ABOVE THE ROOT FLARE. REMOVE ADJACENT GRADE. ROOTBALL TO REST ON UNDISTURBED SUBGRADE. PRUNE STRUCTURES. SET TREE WITH FIRST FLARE ROOT ONE (1) TO TWO (2) INCHES ABOVE GIVE THE BEST APPEARANCE OR RELATIONSHIP TO EACH OTHER OR ADJACENT GRADE AND ALIGNMENT. THE PLANTS SHALL BE SET UPRIGHT, PLUMB, AND FACED TO THE CONTRACTOR SHALL SET PLANT MATERIAL IN THE PLANTING PIT TO PROPER PLANT MATERIALS TO REMOVE ANY GLAZING EFFECTS CAUSED BY DIGGING. SIDES AND BOTTOM OF PLANTING PITS SHALL BE SCARIFIED PRIOR TO PLACING FEET WIDER THAN THE ROOTBALL. SHRUB AREAS SHOULD BE ROTO-TILLED. THE SHRUBS. TREE PITS SHOULD BE HAND DUG OR ROTO-TILLED AND AT LEAST TWO (2) 9.A DRILLED METHOD IS NOT ACCEPTABLE FOR THE PLANTING OF TREES OR OF NOTIFICATION BY THE OWNER’S REPRESENTATIVE. IF SO MUST BE REMOVED BY THE CONTRACTOR FROM THE SITE WITHIN 24 HOURS ANY PLANT MATERIALS INSTALLED PRIOR TO INSPECTION CAN BE REJECTED AND REPRESENTATIVE SHALL INSPECT THE PLANT MATERIALS PRIOR TO INSTALLATION. LEAST THREE DAYS IN ADVANCE TO ALLOW FOR INSPECTION. THE OWNER’S REPRESENTATIVE OF START OF PRELIMINARY WORK AND APPROXIMATE TIMELINE AT CONTRACTOR SHALL OBTAIN APPROVAL PRIOR TO PLANTING. NOTIFY THE OWNER’S BEST APPEARANCE OR RELATION TO ADJACENT PLANTS, STRUCTURES, OR VIEWS. 8.CONTRACTOR SHALL LAY OUT PLANT MATERIAL PER PLAN AND FACE TO GIVE LEADER WILL BE REJECTED. BE REJECTED. TREES WITH BROKEN LEADERS OR NO UPRIGHT, DOMINANT SINGLE WHICH ARE NOT FOUND TO COMPLY WITH THE SPECIFICATIONS IN ANY WAY WILL SHRIVELED AND/OR DRY ROOTS, BROKEN ROOT BALLS, INSECT PESTS, DISEASES, OR THE BARK OR ROOTS, BROKEN BRANCHES, OBJECTIONABLE DISFIGUREMENT, PLANT MATERIALS WHICH LACK PROPER PROPORTIONS, HAVE SERIOUS INJURIES TO DATE. PLANT MATERIALS SHALL BE VIGOROUS AND HEALTHY, AND TRUE TO NAME. FOUND AT THE SITE FOR A MINIMUM OF ONE YEAR PRIOR TO THE CONTRACT 7.ALL PLANT MATERIALS SHALL BE NURSERY-GROWN UNDER CLIMATIC CONDITIONS BE CONCLUDED PRIOR TO SHIPMENT FROM THE SOURCE. NEGOTIATION FOR UNIT PRICE ADJUSTMENT AND/OR A PLANT SUBSTITUTION SHALL CONTRACTOR IS UNABLE TO LOCATE PLANT MATERIAL IN THE SPECIFIED SIZES, WHICH DOES NOT MEET THE SPECIFIED MINIMUM SIZE SHALL BE REJECTED. IF THE EDITION OF "AMERICAN STANDARD FOR NURSERY STOCK". ANY PLANT MATERIAL 6.CONTRACTOR SHALL COMPLY WITH SIZE AND GRADING STANDARDS OF THE LATEST INCLUDED IN THE PRICE BID FOR PLANT MATERIALS. ALL COSTS ASSOCIATED WITH PREPARATIONS OF PLANTING AREAS SHALL BE SUBMITTED TO THE OWNER’S REPRESENTATIVE PRIOR TO USE OR INSTALLATION. AMENITIES ALONG WITH ALL NECESSARY PRODUCT CERTIFICATES SHALL BE AMENDMENTS ARE NEEDED FOR THE PROJECT, AN ITEMIZED LIST OF PROPOSED ALL SOIL AMENDMENTS NEEDED FOR THE PLANTING AREAS. IF ANY SOIL THAT MAY PREVENT POSITIVE PLANT GROWTH. THE CONTRACTOR SHALL PROVIDE 5.THE CONTRACTOR SHALL BE RESPONSIBLE FOR REVIEWING ANY SOIL CONDITIONS INSTALLATION. 4.CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO INSTANCES. APPROVAL FROM THE OWNER’S REPRESENTATIVE SHALL BE REQUIRED IN ALL SUCH PLANT MATERIALS TO OCCUR OUTSIDE OF THESE PLANTING DATES. WRITTEN 15 - OCTOBER 15. WEATHER CONDITIONS MAY ALLOW FOR THE PLANTING OF THE SPRING PLANTING DATES: APRIL 15 - JUNE 15. FALL PLANTING DATES: SEPTEMBER PLANT LIFE WHEN WIND VELOCITY EXCEEDS 30 MPH. TEMPERATURES MAY DROP BELOW 35 F OR RISE ABOVE 90F. DO NOT INSTALL WITH LOCAL PLANTING PRACTICES. DO NOT INSTALL PLANT LIFE WHEN AMBIENT SEASON WHEN WEATHER AND SOIL CONDITIONS ARE SUITABLE AND IN ACCORDANCE 3.PERFORM PLANTING ACTIVITIES ONLY DURING PERIODS WITHIN THE PLANTING THE PLAN LAYOUTS SHALL GOVERN. IS TO VERIFY ALL QUANTITIES. SHOULD ANY QUANTITY DISCREPANCIES BE NOTED 2.ALL QUANTITIES SHOWN ARE FOR INFORMATIONAL PURPOSES ONLY. CONTRACTOR PRIOR TO INSTALLATION. REPRESENTATIVE. CONTRACTOR SHALL COORDINATE ALL WORK WITH OTHER TRADES 1. CONTRACTOR SHALL COORDINATE PLANT INSTALLATIONS WITH THE OWNER’S LANDSCAPE NOTES: 956.0 NWL POND Minneapolis, MN 55401 414 Nicollet Mall Xcel Energy Bismarck, ND 58504 1412 Basin Ave. AJ DELZER 0 TYP. LOWER HINGE RESTS ON CONCFOOTIN 3 STRANDSOF BARBED WIRE RAIL RAIL THIS SHT. MIN. CLEARANCE 20'-0" MAX. CLEARANCE 12 DOUBLE GATE SEE GEN'L SEE DETAIL 2 NOTE #1 awl I 1�------- ' ------ ------ \hill'; -11 II-.II_ii: THIS SHT, I SINGLE GATE SEE � DETAIL 3 /--I 5 TYP. 14 L(SEE ROUGHNOTE #8J GRADE15 '" LINE POST 12 1RAIL Dk .1 � 1❑ SEE NOTE CORNER #7 GATE GATE GATE CORNER POST POST POST POST POST SECTION Z -Z GATE GATE GATE GATE POST POST POST POST 7.7 5 5 20 5 5 20 5 5 17 17 5 5/'N5 5 17 ]20^ 720^ 720^ MIN MIN MIN SECTION X -X �j SECTION Y -Y PLAN OF DOUBLE 1••• PLAN OF SINGLE GATE THIS GATE WITH BARBED THIS WITH BARBED WIRE SHT. WIRE VERTICAL OUTRIGGERS SHT' VERTICAL OUTRIGGERS POST Ck#10 EE POST CAP TYP EN. OTE TYP. 2 AT 12" ❑.C. AT 12'(BOTTOM (BOTTf �•�•�• Ili �� fie' O.D. fie" D.D. TRUSS TRUSS ROD ROD 18 18 ROUGH GRADE DETAIL DOUBLE GATE NOTE WILDLIFE VERTICAL METAL 1.8' x 1.0' STRIPS NOT SHOWN FOR CLARITY POST CAP 5 TRISS AT 12" 0 C. POST CAP m GATE LATCH_ CD KEEPER GUIDE a BAR III �♦�♦� 6 6 TRUSS HINGE_ TIGHTENER RIVET ♦��♦ !- TIGHTENER 14 GATE o z y" xY4' POST fie' O.D. fie" D.D. TRUSS TRUSS ROD ROD 18 18 ROUGH GRADE DETAIL DOUBLE GATE NOTE WILDLIFE VERTICAL METAL 1.8' x 1.0' STRIPS NOT SHOWN FOR CLARITY POST CAP 5 PLAN AT 12" 0 C. POST CAP P17TYP. (BOTTOM SAME) TYR 5 r lug CD KEEPER GUIDE a BAR 4 UPPER TRUSS HINGE_ TIGHTENER RIVET TRUSS TIGHTENER 14 10 o z y" xY4' STRETCHER + r T BAR- r) u}x LOWER HINGE RESTS ON LID i CONC. FOOTING ro GATE STOP ROD (FOR DETAILS SEE SHT. 3) TYP, NOTE WILDLIFE VERTICAL METAL 1.8" x 10' STRIPS NOT SHOWN FOR CLARITY LINE POST LINE POST SEE NOTE SEE NOTE #7 #7 ALTERNATE FENCE OPENTNG SEE NOTE #12 I GRADE HANDLE O PLAN PLUNGER GATE FRAME HANDLE 3f6HOLE FOR PADLOCK KEEPER GUIDE RIVET BAR SLIDE FIT FORPADLOCK PLUNGER KEEPER RIVET / LFINISH GRADE (4" CRUSHED ROCK) LAY CRUSHED ROCK UP TO FENCE FABRIC ON BOTH SIDES ALONG ENTIRE PERIMETER OF FENCED AREA TO PREVENT THE ENTRANCE DETAIL 22 OF SMALL ANIMALS. FENCE FABRIC FENCE FABRIC EXTENDS TO TOP ROUGH GRADE ELEVATION WILDLIFE ACCESS DETERRENT FENCE WARNING SIGN (CA7. #1096888), PER ENG & DSGN STD ED 41001. THE SIGNS ARE TO BE MOUNTED 5'-0" FROM GRADE TO TOP OF SIGN, 30-0' - 45'-0' APART AND NO MORE THAN 15'-0' FROM THE CORNERS. ONE SIGN SHOULD BE PLACED ON THE OUTSIDE OF EACH WALK GATE TWO SIGNS SHOULD BE MOUNTED ON EACH DRIVE GATE, ONE ON THE INSIDE AND ONE ON THE OUTSIDE. (BACK TO BACK ON THE LEFT SIDE OR DRIVERS SIDE PANEL OF THE DOUBLE GATES). BURIED CABLE SIGN (CAT. #109685), PER ENG & DSGN STD ED 4.1006. THE SIGNS ARE TO BE MOUNTED ON EACH SIDE OF FENCE FABRIC, BACK TO BACK AND APPROXIMATELY 3'-6' FROM GRADE TO TOP OF SIGNS. ORDERED BY FIELD. ❑SUBSTATION IDENTIFICATION SIGN PER ENGl, DSGN STD ED 410.02 (TOP) AND THIS LINE IS ONE INCH WHEN E ADDRESS SIGN PER ENG & DSGN STD ED 4.10.03 (BOTTOM) THE TOP SIGN DRAWING IS RILL SIZE, IF NOT MOUNTED 5'-0' FROM GRADE TO TOP OF SIGN AND LOCATED ADJACENT TO ONE INCH, SCALE ACCORDINGLY. WALK OR DRIVE GATES. LINE POST SEE NOTE #7 GENERAL NOTES 1. A MINIMUM 4'-0 BRACED FENCE SECTION MUST BE PLACEDBETWEEN DOUBLE GATE AND SINGLE GATE OR FENCE CORNER. 2. TUBULAR POSTS USED FOR GATES AND CORNERS. PIPE OR ROLLED -FORMED SECTION USED FOR LINE POSTS 3. MINNESOTA & WISCONSIN COMPANY STANDARD FENCE 8'-0' HIGH(7' FABRIC AND 12" VERTICAL HEIGHT BARBED WIRE ON 70 AT A 45^ ANGLE POINTING OUTSIDE OF FENCE) TN ACCORDANCE WITH XCEL NORTH SPECIFICATIONS. SEE DETAILS #4 & 22. 4, SECURITY FENCE 8'-0 HIGH (7FT. FABRIC AND 1.2" VERTICAL HEIGHT BARBED WIRE ON TOP AT A 45^ ANGLE TOWARDS OUTSIDE OF FENCE) 5.ALL GATES UPON OUTWARD UPON POSITION OF DOUBLE GATES (180 DEGREE MAXIMUM SWING) DETERMINED BY LOCATION OF LANDSCAPE SHRUBBERY, ETC. AND GATES HELD OPEN BY THE STOP RODS ON THE GATE FRAME, 6. CORNER & GATE POST SHALL BE PLACED IN CONCRETE 3'MIN. 7, LT NE POSTS DRIVEN INTO THE GROUND A MTN, DEPTH OF 4FT. WITHOUT CONCRETE 8. FENCE FABRIC TO BE 1' DIAMOND MESH CHAIN LTNK STYLE TO DENY GOOD TOE HOLD FOR CLIMBING OVER THE FENCE, FOR COATING FOR GALVANIZED OR ALUMINUM FENCING SEE ED 4.09.03. FENCE FABRIC TO START AT ROUGH GRADE. SEE CONTOUR AND GRADING LAYOUT AND LOCATION PLAN FOR GRADE ELEVATION 9 [-] WITH NUMBER INDICATES FENCE DETAIL (SHOWN HERE AND ON SHEET #2 & #3). 10. BE INSTALLED TO PLUG THE GAP BETWEEN THE FENCE POST AND THE FENCE FABRIC, ESPECIALLY AROUND THE WALK GATE OR DRIVEWAY GATES, REMOVABLE FENCE SECTIONS, AND CHANGES IN FENCE HEIGHT WHERE USE OF CONTINUOUS FABRIC TS NOT POSSIBLE. FLEXIBLE, EXPANDED METAL SHOULD BE INSTALLED BETWEEN THE SWINGING GATES AND GATE POST THE EXPANDED METAL SHOULD BE BENT TO PREVENT BINDING DURING GATE OPERATION (SEE DETAIL 19). EXPANDED METAL MAY ALSO BE INSTALLED AT THE GATE CLOSING POINT. HOLES SHOULD BE CUT, AS NEEDED, TO PERMIT THE PADLOCK END OF THE LATCH ASSEMBLY TO PROTRUDE THROUGH THE EXPANDED METAL 1.1. ALL GATE CONNECTIONS ARE TO WELDED NOT SCREWED (UNLESS NOTED), WITH CENTER PIPE IN PLACE 12. 18-24" WIDE GALVANIZED SHEET METAL (26-28 GAUGE) TO DETERANIMAL CLIMBING OVER FENCE, ATTACHED TO TOP RAIL & FABRIC WITH GALVANIZED OR ALUMINUM WIRE, REDRAWN FROM XCELS DRAWING NH -212112-1 5op""'p- anti ai��s sfsl�fsf�f�fsf�fs�sf�:s�sls�sSflslsl,��'� ttaa•ta�aftft�f4�'N3fff , s ttttttt�4tsl�f aa ++tttaNit' tt t� rasi'ttf .�t�a.�.��s�f�•t�ff f��f ftlfflflllll��♦ r;t<rt�� +;at.tttttttt+te+ ,.,ttataaa 4��lN�tt,�<, ' etttttt • ¢1stt+t�t�t+aa' �a.tt�t• � ..v�;j.�„ 5��1511 i`\111.5.115•:,:�.' '. 151 ,, 4,�' ,� -�y ` - 4. � �. \ \. ,. ,�i55Syy�y551`��'� t" ` 1 t y.; '��•�LL k '... •.��s�. +�,'t 5'�%i 4� � ♦ � � � � `\'..\ .e - ..55`15 i�{{fft5- 5�y .'S .5`.��,. � -� '��3 �(��.k}� \ \ \•\� � "�\ - - °rn^1 �'`.� `4`l,�t�t��lCif<t 5�y; ...`��.'+,.V 1\ 5. �� } �i\�� ( � �\'�l /� i�,� � � � •� � \ � � \ � �\ ' Z�'��:�� 'f'f��'�� iit��ot�j� t?$ttit+ f$tt t+►��at�t�ltt=�t��see�•essf� *��MENs�i�� !� ~~~~ FOR DRAWING REFERENCE AND REVISION INFORMATION SEE INDEX SHEET ND-261988. FOR GENERAL NOTES AND LEGEND SEE SHEET 1.67'-4"16'-8"9'-10"10'-0"10'-0" MOD 115KV TR1 MOD 5N89 M.M. 5N89 4'-0"BKR 5N89 FUT M.M. TR1 4'-0"4 3 2 1 TRANSFORMER 1 17'-10"CKT SW 115KV TR1 CCVT BUS 1 FUT S.A. 37 556.5 AL 37 556.5 AL (E)(E) 577SHIELD SPIKE178S 360 REV A 1-21 REV A 1-21 (S)(F) 430 604 629 629 178S 360 REV A 4-18 178S 360 REV A 4-18 360 178S REV A 4-18 37 556.5 AL S.A. REV C 4-23 TERM LINE(BY TRANSMISSION) 795 ACSR 30'-0"45'-0"49'-0" & SLAB C TR1 TANKL STUDS. SEE TOP PLAN DAMPERS & GROUNDING NOTE: FOR LOCATION OF SECTION A-A SECTION 3-3 D C B A 34'-0"36'-0"34'-0" CCVT BUS 2 FUT 178S 360 REV A 4-18 4-16A REV H (TYP) 10'-0"10'-0" STUDS. SEE TOP PLAN DAMPERS & GROUNDING NOTE: FOR LOCATION OF (F)9'-10"A B C (E) MOD 5N90 M.M. 5N90 REV A 1-21 638 115KV BUS 2 CCVT BUS 1 FUT 4-16A REV H (TYP) (F) A B C 115KV BUS 1 178S 360 REV A 4-18 (E) 10'-0"10'-0"8'-8"BKR 5N90 FUT A B C REFERENCE LINE EAST-WEST (TYP) (TYP) REV A 4-18 178S 360 604 604 638 4'-0"17'-0"3'-0"15'-0"15'-0"3'-0"17'-0"17'-0" (MNN) MONTICELLO 115KV LINE TO 3'-0" 4-16A REV H (TYP) TUBE " AL2 13 57 22'-0" (BUS HT)TUBE " AL2 13 57 BASE LINE NORTH-SOUTH (S) TUBE " AL2 13 57 TUBE " AL2 13 57 TUBE " AL2 13 57 14'-0" (BUS HT)L MECH (F.S.) C SW OPER TUBE " AL2 13 57 22'-0" (BUS HT)SEE NH-261992-3FOR CONTINUATION TO 34.5KV, MECH C SW OPERL MECH C SW OPERL14'-0" (BUS HT)X NH-261990-2 X X NH-261990-2 X A-PH CCVT LINE MNN B&C-PH PH B&C 2-1590 AL 34 B&C-PH 2-1590 AL 34 178S 188 (S) (F) A-PH 2-1590 AL 34 A-PH A-PH TRAP LINE MNN 4 SHT X 4 10'-0"15'-0"16'-6"17'-11"7'-11"SCALE REV FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. THIS MAP/DOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY R PRELIMINARY NOT FOR CONSTRUCTION 14'-0"18'-0"12'-0"12'-0"13'-0"20'-0"20'-0"15'-0"14'-0" 7261990-3NH FSLFIRST LAKE SUBSTATION ELECTRICAL LAYOUT 115KV SECTIONS 1/8"=1'-0"NH-261990-3.DGN2/26/2015 5:41:16 PM- ZZCEILING ROOF SUITABLE DRIP C BLDG. GRADE FINISHED LINE CEILING DETAIL "X-X" INSULATION DATA ETC. ON HIS DRAWING. SECTION SIMILAR TO DTL. "X-X" WITH FABRICATOR TO INCLUDE DETAIL OR (BY OTHERS) 2" STYROFOAM GRADE FINISHED AND FLOOR BETWEEN PANELS CAULK ALL AROUND 8SEE DETAIL "X-X"7’-9 MINIMUM TOCONC. SLAB BY OTHERS GRADE FINISHED ALL AROUND MIN.ROCK CRUSHED BY BUILDING SUPPLIER. FLASHING SHALL BE SUPPLIED BASE FLASHING SHALL BE EXTENED BELOW FINISHED GRADE. PAINT WHITE IN COLOR COATED WITH BAKED ENAMEL FLASHING MATERIAL SHALL BE SUITABLE DRIP C BLDG. GRADE FINISHED LINE CEILING ALL AROUND ELEVATION "C-C" SEE PLAN FOR DOOR SIZECEILING LINECEILING LINECEILING LINEZEE GIRT 2" - 16 GAGE INSULATION FIBERGLASS NOTE: INSTALL GIRTS 3’-2 AND 6’-4 ABOVE FLOOR WALL STIFFENING DETAIL SUBGIRT FRAMING LOCK SET NOTE ROOF SLOPE - SEE SPECIFICATIONS ROOF SLOPE - SEE SPECIFICATIONS INTERIOR PANEL MIN. 22 GA. FLAT EXTERIOR PANEL MIN. 24 GA. FLUTED PANELS MIN. 22 GA. INSIDE FLAT WALL PANELS MIN. 24 GA. OUTSIDE WALL LL 10’-0 (MIN.)10’-0 (MINIMUM)10’-0 (MIN.)DOORS. USE OF OTHER CYLINDERS IS NOT ACCEPTABLE. FOR USE. BUILDING SUPPLIER SHALL TEST AND USE THE CYLINDERS ON ENERGY CAT. ID #0000109147 - LOCK CYLINDER, 1" MORTISE (THREADED) ) XCEL ENERGY SHALL FURNISH TWO MASTER KEYED CYLINDERS (XCEL SEE NOTE 3A INCLUDING SLEEVE (TYP.) EXHAUST FAN & DAMPER BOTTOM OF VENT FANHVAC AIR SUPPLY HVAC AIR RETURN4’-4 2’-8 MANUFACTURER’S RECOMMENDATIONS LOCATION AND DIMENSION PER THE HVAC SUPPLIER SHALL VERIFY INSTALLATION FOR DRAWING REFERENCE AND REVISION INFORMATION SEE INDEX SHEET ND-269267 ELEVATION A-A SECTION "B-B" N ROOF SLOPEPLAN C C EXHAUST FAN & DAMPER INCLUDING SLEEVE DOUBLE DOOR 6’-0(FIRM)3’-0 X 8’-0 DOOR24’-09’-09’-0BELOW BUILDING CEILING VENT FANS LOCATED JUST NOTE: SINGLE DOOR3’-03’-0 X 8’-0 DOOR40’-0 15’-0 TYP. SEE NOTE 3A (BY XCEL ENERGY) FOR DOOR CATCH EXTERIOR WALL PNL. WOOD BLOCKING IN CL FAN VENT A 15’-0 BB 2’-0 36’-0 2’-0 SEE NOTE 3B HVAC AIR SUPPLY/RETURN10’-610’-6C C A CL FAN VENT AND ACCESSORIES, NECESSARY FOR A COMPLETE WATERTIGHT AND WEATHERPROOF STRUCTURE AS NOTED BELOW AND AS STATED IN THE NOTES: 3. SPECIFICATION NOTED ABOVE. 2. A. THE PLAN. DOORS SHALL BE FLUSH METAL WITH FULL INSULATED CORE AND SHALL HAVE A MINIMUM OF 16 GAGE METAL CONSTRUCTION. B. (IN CLOSED POSITION) TO ALLOW OPEN DOOR IN A 18O POSITION. G. WEATHER STRIPPING SHALL BE FURNISHED AT HEAD AND JAMBSH. 5. BASE FLASHING SHALL BE FURNISHED BY THE BUILDING SUPPLIER AND SHALL BE LAPPED A MINIMUM OF 4 INCHES. ENTIRE LENGTH OF LAP SHALL BE SEALED WITH CAULKING. 6. 4. DOORS AND ACCESSORIES: DOORS SHALL BE FURNISHED BY THE VENDOR AS DESCRIBED BY VENTILATION EQUIPMENT REQUIREMENTS: SHALL INCLUDE ALL ITEMS STATED BELOW AND IN THE A RUBBER DOOR SWEEP SHALL BE FURNISHED FOR EACH DOOR TO PROVIDE WATER TIGHT SEAL AT BASE OF DOOR. OF EACH DOOR: PEMKO #3O3A OR EQUAL, EXTRUDED 1. THE BUILDING SUPPLIER SHALL FURNISH ALL MATERIALS, EQUIPMENT ON EXTERIOR SIDE. A MINIMUM OF 2 QUARTS OF WHITE EXTERIOR BRACKET: CECO #3234/AL. OR EQUAL. BUILDING SUPPLIER SHALL PROVIDE BAKED ENAMEL PRIMER FINISH TO DOORS AND FRAMES. PAINT SHALL BE PROVIDED FOR FIELD PAINTING OF DOORS AND EXTERIOR METAL TRIM OF THE BUILDING. INTERIOR CEILING AND WALL PAINT TO BE WHITE ENAMEL. IT SHALL HAVE A BAKED ENAMEL PAINTED WHITE FINISH. DRIP CAPSHALL BE PROVIDED ON THE TOP AND BOTTOM OF THE DOOR C. HINGES: FULL MORTISED, TEMPLATE TYPE, NON-REMOVABLE PIN D. LOCKS SHALL BE MORTISE TYPE CYLINDER LOCK WITH NIGHT E. CLOSURE: CECO #3231/CB/AL. F. STOP & HOLDER SHALL BE FURNISHED. FASTEN EYE TO DOOR EXHAUST FANS. 8. ALL WALL MOUNTED EQUIPMENT SHALL BE MOUNTED BY A MINIMUM OF TWO ANCHORS SPACED A MINIMUM OF 12" O.C. AND SHALL WEIGH LESS THAN 50 LBS. I.ALL DOORS ARE TO BE FURNISHED WITH PANIC BARS. XCEL ENERGY SPECIFICATION 207 TITLED "SPECIFICATIONS FOR THE COMPLETE SCOPE OF WORK FOR FINISHING THIS BUILDING 7. "Z" FRAME STORAGE HOLDER TO BE INSTALLED ON ALL B. BUILDING SUPPLIER SHALL FURNISH AND INSTALL HVAC UNITS PER PLAN & HVAC SPECIFICATION. WITH BAKED ENAMEL FINISH. FRAMES SHALL BE 16 GA CECO SERIES SF OR APPROVED EQUAL WILL BE FURNISHED BY NSP TO THE SUPPLIER FOR USE AFTER AWARD. WORKS AND GUARDED LATCH BOLT. TWO MASTER KEYED CYLINDERS DOOR. BE FURNISH FOR THE DOOR SEAM OF THE DOUBLE AT HEAD AND JAMBS. WEATHER STRIPPING SHALL ALUMINUM AND VINYL BUBBLE WEATHER STRIP ELECTRICAL EQUIPMENT ENCLOSURE" AND SUPPLEMENTAL HVAC SPECIFICATION, AMENDED TO DATE. A. EXHAUST FAN: CENTRIFUGAL WALL FAN 1590 CFM. AT .250 S.P.; 120 VOLT.; 1 PHASE; 1/6 H.P. WITH BIRD SCREEN. CENTRI MASTER, ACME MODEL PW1711D8 OR APPROVED EQUAL. BACK DRAFT DAMPER: 21" X 21" WITH SLEEVES. INSECT SCREEN. SEE ELEVATION C-C. SIZE 12"x30", MINIMUM 100 SQ. IN. FREE AREA EACH LOUVER WITH REQUIRED AT EACH END OF BUILDING ABOVE CEILING. MINIMUM ALUMINUM WEATHER PROOF LOUVERC. DRAWING REFERENCE: NX-265148 MANUFACTURERS DRAWINGS & CALCULATIONS SCALE REV FOR BY USING SAFETY PRACTICES, PROCEDURES AND EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS. THIS MAP/DOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS.YOUR PERSONAL SAFETY IS PROVIDED INTERNAL INFORMATION: DO NOT COPY OR DISTRIBUTE WITHOUT EXPRESS WRITTEN CONSENT FROM XCEL ENERGY R NOTE 3C. 100 SQ. IN. FREE AIR SEE MESH INSECT SCREEN MIN. ABOVE CEILING WITH 12x30 WEATHER PROOF LOUVER ANH FSL NONE NH-265146.DGN-2/17/2015 11:31:42 AM265146 FIRST LAKE SUBSTATION ELECTRICAL EQUIPMENT ENCLOSURE ARCHITECTURAL LAYOUT PLAN, SECTIONS & DETAILS F k\ A . 4 r � l y� r' Lr ,`4 A. rw Fill., 0 l r►� IF' a M r F i� h Nis '. w� .+ all RL sum I � It j t l f Ld y ,P �S 1 IF A 0. I m 1 1 1 � r �r It � I i t: 1 CITY OF Monticello Property Owner Name(s): David and Mary Spike Property PID(s): 213100103300 CONTACT INFORMATION Name: Xcel Energy — Sean Lawler Mailing Address: 414 Nicollet Mall, MP -713 CITY OF MONTICELLO PETITION FOR ANNEXATION City /St /Zip: Minneapolis, MN 55401 Phone: 612 - 330 -1956 Email: sean.w.lawler @xcelenergy.com To the Council of the City of Monticello, Wright County, Minnesota: I, the undersigned, the owner of the property described below, hereby request the City Council of the Monticello, Minnesota, to annex this area to the city and to extend the city boundaries to include the same, and for that purpose respectfully state: 1. The area to be annexed consists of 10 acres. All of this land lies entirely within the County of Wright, Minnesota, and the official legal description of such land is as follows (or attach): The North 544.51 feet of the West 799.29 feet of the Southwest Quarter of the Southwest Quarter, Section 10, Township 121 North, Range 25 West, Wright County, Minnesota. 2. The area described above abuts upon the city limits at the south boundary thereof, and none of it is presently included within the corporate limits of any incorporated city. All of this area is contained within the Monticello Orderly Annexation Area and /or is about to become urban or suburban in character. PROPERTY OWNER(S): A - &14/- Ar Date Signature Title Date Si C Title GA -1061 Monticello City /N3onticello Township . oint Agreement CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2015-021 ANNEXA x IaN RESOLUTION OF r HE CITY OF MONTICELLO IN ACCORDANCE WITH THE ABOVE- REFERENCED JOINT AGREEMENT BETWEEN THE CITY OF MONTICELLO AND MONTICELLO TOWNSHIP, DATED NNE 21, 2004 IDE 6IGNATEliG CERTAIN PROPERTY LOCATED IN THE ORDERLY ANNEXATION AREA (OAA) GF MONTICELLO TOWNSHIP AS IN NEED OF IMMEDIATE ORDERLY ANNEXATION PURSUANT TO NiINI+TESOTA STATUTES, SECTION 414.0325 WHEREAS, the City of Monticello (hereinafter the "City ") and Monticello Township (hereinafter the " Township ") entered into a Joint Resolution for Orderly Annexation on June 21, 2004, and revised May, 2005, describing the procedures and process for future orderly annexation of certain designated areas of the Township, referred to as the "Orderly Annexation Area" (OAA), for the purpose of orderly, planned growth and annexation, pursuant to Minnesota Statutes, Section 414.0325;" and WHMR.EAS, the above - referenced Joint Resolution for Orderly Annexation between the City and Township has been previously filed with the Department of Administration and is referenced as Department of Administration File No. OA -1061 Monticello/Monticello Township Joint Agreement (hereinafter the "Joint Agreement'); and WHEREAS, the above - referenced Joint Agreement provides that any land within the OAA designated therein maybe annexed by the City at any time if the City receives a petition from annexation from 100% of the property owners of an individual parcel of land contiguous to or abutting the City (See, Joint Agreement at Paragraph 2.a.); and WHEREAS, the area legally described herein and designated for immediate orderly annexation is located within the OAA described in the Joint Agreement and said property is contiguous to the City; and WHEREAS, on March 3, 2015, in accordance with the Joint Agreement, the City received the requisite property owner petition for annexation from David and Mary Spike, constituting 100% of the property owners in the area designated herein for orderly annexation to the City; and WHEREAS, the City has capacity to provide municipal services to the property designated herein for orderly annexation following annexation thereof; and WHEREAS, the area designated and legally described herein for immediate orderly annexation and extension of municipal services is urban or suburban or about to become so; annexation is the in the best interests of the City, Township and property owners; and annexation thereof would benefit the public health, safety and welfare of the entire community; and WHEREAS, having met ail the triggering conditions for orderly annexation of the area legally described herein contained in the Joint Agreement for property located in the OAA, the City may adopt, execute and file an "Annexation Resolution" so providing for immediate annexation of the area designated herein (See, Joint Agreement at Paragraph 13); and WHEREAS, in accordance with Paragraph 13 of the Joint Agreement, annexation of the area designated herein pursuant to the Joint Agreement does not require a hearing or any consideration by the State Department of Administration and is not subject to objection by the Township. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Wright County, Minnesota, as follows: This Resolution constitutes the City's written notice to the Township of an event triggering annexation as provided in the above - referenced Joint Agreement and shall be referred to as the "Annexation Resolution" as provided in Paragraph 13 of the Joint Agreement. 2. The area designated herein for orderly annexation is legally described in Exhibit A which is attached hereto and incorporated herein by reference. A boundary map showing the area designated herein for orderly annexation is attached hereto and incorporated herein by reference as Exhibit B. 4. The property owner petition from David and Mary Spike dated February 24, 2015, constituting the requisite triggering event for annexation of the area legally described in Exhibit A in accordance with the Joint Agreement, is attached hereto and incorporated by reference as Exhibit C. The above- referenced Joint Agreement between the City and Township, providing the conditions for annexation of the area legally described in Exhibit A is attached hereto as Exhibit D. 5. The area legally described in Exhibit A and designated as in need of immediate orderly annexation contains 10 acres. 7. The population of the area legally described in Exhibit A and designated as in need of immediate orderly annexation is zero. In accordance with Paragraph 13 of the Joint Agreement, the Department of Administration may review and comment on this Annexation Resolution, but shall within thirty (30) days of receipt of this Annexation Resolution and a copy of the above - referenced Joint Agreement (attached as Exhibit D), order the annexation of the area designated in this Annexation Resolution and legally described in Exhibit A in accordance with the terms and conditions of the above - referenced Joint Agreement. No alteration of the stated boundaries as described in this Annexation Resolution is appropriate, no consideration by the Department of Administration is necessary, and all terms and conditions for annexation have been met as provided for in the Joint Agreement. 9. Upon the annexation of the area designated herein for orderly annexation and legally described in Exhibit A, the City shall reimburse the Township for the loss of taxes from the property so annexed in accordance with the following (See, Joint Agreement at Paragraph 6): a. In the year when the City could first levy on the annexed area, the City shall make a cash payment to the Township in an amount equal to four times the property taxes distributed to the Township in the annexed area in the last year that property taxes ftm tfhe ainexed area were payable to the Township. b. Thereafter, the City will no longer reimburse the Township. The City shall make payment as contemplated herein no later than December 31 of the first year following the year when the City could first levy on the annexed area. 10. Following annexation of area designated herein for orderly annexation, the City shall be responsible for providing municipal government services to the annexed area in accordance with Paragraph 7 of the Joint Agreement. 11:. This Annexation Resolution is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota and the above- referenced Joint Agreement. 12. Upon adoption and execution of this Annexation Resolution by the City, the City shall file the same with the Township and Department of Administration Municipal Boundary Adjustments Office along with the required filing fee. 13. In the event there are errors, omissions or any other problems with the legal descriptions or mapping provided in Exhibit A or Exhibit B. in the judgment of the Department of Administration Municipal Boundary Adjustments Office, the City shall make such corrections and file any additional documentation, including a new Exhibit A or Exhibit B making the corrections requested or required by the Department of Administration as necessary to make effective the annexation of said area. ADOPTED BYthe City Council of the City of Monticello, Minnesota this 231 day of March, 2015. CITY OF MONTICELLO B .an 3twupf, Mayor ATTEST: — ():�� t<17� Jeff 0'.96111, City Administrator - Infrastructure ■ Engineering ■ Planning ■ Construction &.4s�ociutes, Inc. 9 9 9 March 27, 2015 Ms. Angela Schumann Community Development Director City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: First Lake Substation — Plan Review City Project No. ZXCELS WSB Project No. 02596 -080 Dear Ms. Schumann: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541 -4800 Fax: 763 541 -1700 We have reviewed the project plans dated March 2, 2015, as prepared by Ulteig Engineers and Xcel Energy, and offer the following comments. General 1. The grading, drainage, stormwater management and erosion control plans shall meet the requirements of the City's Zoning Ordinance, Chapter 4, Section 4.10. 2. The applicant should document if pollutants will exist with the substation and how spill containment will be addressed with the project to meet MPCA requirements and the City's Illicit Discharge Ordinance. Contour and Grading Layout 3. The infiltration basin should be shown on the Contour and Grading Layout. It was included with the SWPPP documents only. 4. Indicate on plans that the northeastern most culvert will connect to existing structure. Identify the invert elevation. 5. Label the invert elevations on the plans for the outlet from Pond #I and the inlet of the infiltration basin. 6. Label the emergency overflow elevation (EOF) of Pond 91 on the plans. 7. A skimmer structure should be provided for the pond outlet. 8. The 100 -yr HWL should be labeled for Pond #1 9. Drainage arrows should be added indicating the direction of flow at EOF locations. 10. Low Floor (LF) and Low Opening (LO) for all buildings and structures should be labeled. 11. An erosion control silt fence should be provided around the perimeter of the pond until the area is fully stabilized. K: 102556- 080W&n;nlDacsILTR� sc{mmann -Xcet substation 032775.dx Ms. Angela Schumann March 27, 2015 Page 2 12. Benchmark elevations and vertical datum (NGVD -1929 vs. NGVD -1988) should be labeled on the Contour and Grading Layout. 13. The plans need to be signed by a licensed professional engineer Stormwater Management Plan 14. A drainage area map of the project area is needed for both existing and proposed conditions. Drainage areas should include land where water enters the project area from outside of the project boundary and /or land where water leaves the project boundary if applicable. Drainage areas sizes should be labeled on the maps and directly correspond to the HydroCAD model. This map is needed to complete a thorough review of the plans. 15. Pond 3P surface area in the HydroCAD model increases from 954' to 955', decreases from 955' to 956', and increases again from 956' to 956.5'. Both the grading plan in the SWPPP report and Contour and Grading Layout indicate a pond surface area increase from the bottom to the top of the pond. Please have the applicant clarify this. 16. The north side of the project area appears to be draining north onto the adjacent lot. Modeling should be completed to show existing and proposed flow to the north and the existing storm system. 17. The site creates 1.5 acres of new impervious surface, thus permanent stormwater management NPDES requirements apply. The average pond depth of Pond 91 is 2.3 feet. An average pond depth of 4 feet is recommended for water quality to meet NURP standards. 18. 1.1 inches of runoff generated from all new impervious surfaces should be infiltrated within 48 hours per NPDES requirements. The applicant is only accommodating a 0.5- inch of runoff. 19. Two feet of freeboard (between LO and HWL) is needed all structures adjacent to ponds with outlets. 20. One foot (plus 0.5 feet for height of flow) of freeboard is needed between LO and EOFs. Please have the applicant provide a written response addressing the comments above. Final plans will need to be submitted, reviewed, and approved prior to building permit approval. Please give me a call at 763 - 271 -3236 if you have any questions or comments regarding this letter. Thank you. Sincerely, WSB & Associates, Inc. / . t. &ssAll Shibani K. Bisson, PE City Engineer K: 102556- 080W&ninlDacsIL7R� sc{mmann -Xcer substation 032775.dx Ms. Angela Schumann March 27, 2015 Page 3 cc: Steve Grittman, NAC skb K: 102556- 080W&n;nlDacsILTR� sc{mmann -Xcer substation 032775.dx Section 3.6 (D) 1.1 Light Industrial District The purpose of the "I-1," light industrial, district is to provide for the establishment of warehousing and light industrial development. Base Lot Area ® Minimum = 20,000 square feet Base Lot Width * Minimum = 100 feet CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (D) /-I: Light Industrial District City of Monticello Zoning Ordinance Page 123 CHAPTER 3: ZONING, Section 3.6 Industrial Base Zoning Districts Subsection (D) I -1: Light Industrial District I ! REQUIRE YARDS (in feet) [1] Interior Street Max Height (stones Max Floor Area Max Impervious (% Front I Rear feet) Ratio (FAR) of gross lot area) I Side Side All Uses 1 30 is 30 Is 2 stories (Reserved) I (Reserved) 30 feet [2] [1]: When any yard abuts a zoning district other than I -I or 1-2, the setbacks for the abutting yard must be 50 feet. [2]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4. Chapter I of the Monticello City Code. Accessory . Structures See Section 5.3(B) for all general standards and limitations on accessory structures. ■ Section 3.3. Common District Requirements Other a Section 3.6(B). Standards Applicable to All Industrial Base Zoning Districts Regulations a Section 4.1. Landscaping and Screening Standards to Consult m Section 4.5. Signs (not all n Section 4.8. Off-Street Parking inclusive) . Section 4.9. Off-Street Loading ■ Section 4.11. Building Materials i. Minimum street side yard setbat* of 3e feet. =M06 or MV4V'W".'_ 2.- Minimum front yard setback of 50 feet 4'n 3: minimum lot wl&h of too feet 4: Light manufacturing plant as a permitted use 5: Interior slide yard setbaclits of 15 fK4 6: MWmum tot site of zoow square feet 7: Rear yard setback Of 15 feet, Page 124 City of Monticello Zoning Ordinance m � � � m d 0 E o ° 0 o ° m `o oo o o m o o E2 > N� O O S X o o o O> a> a a LL W a LL O C _ca N N D ca J a 0 I Planning Commission Agenda: 04/07/15 7. Consideration of an Administrative Lot Combination and Simple Subdivision for Lots 14 and 15, Block 34, Original Plat of Monticello. Applicant: Monticello Economic Development Authority (AS) Property: Legal: Lots 14 and 15, Block 34, Monticello (original plat) Address: 100 East Broadway Planning Case Number: 2015-011 A. REFERENCE & BACKGROUND Request(s): Combination of two platted lots and subdivision of resulting parcel creating a new lot line, resulting in two conforming central community district parcels, including one to be conveyed to MnDOT. Deadline for Decision: NA Land Use Designation: Central Community District Zoning Designation: CCD, Central Community District F -2, Convenience and Services Sub - District The purpose of the "CCD ", Central Community District, is to provide for a wide variety of land uses, transportation options, and public activities in the downtown Monticello area, and particularly to implement the goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Embracing Downtown Monticello report and its Design Guidelines. Overlays /Environmental Regulations Applicable: NA Current Site Use: Existing vacant commercial Surrounding Land Uses: North: Commercial retail and professional, occupied East: Commercial, vacant South: Commercial, retail West: TH 25 Project Description: The Monticello Economic Development Authority is requesting approval of an administrative lot combination and simple subdivision to allow for conveyance of property to the Minnesota Department of Transportation for right of Planning Commission Agenda: 04/07/15 way purposes. The right of way is associated with right turn lane construction for the TH 25 and CSAH 75 intersection improvements. ANALYSIS The proposed combination would first combine the lots legally described as Lots 14 and 15, Block 34. The simple subdivision would then divide that portion of the newly combined property which is to be conveyed as right of way for the turn lane. Section 11 -8 -2 of the Subdivision Ordinance allows for combination of parcels of record to create a parcel conforming parcel as follows: 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. Section 11 -1 -7 of the Subdivision Ordinance further provides for the simple subdivision of lots of record as follows: 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. Lots 14 and 15 are currently approximately .12 acres each in size, or 5,490 square feet each. The resulting combined parcel will total .24 acres, or 10,980 square feet is size. Upon subdivision, Parcel A will total 5,216 square feet and will be conveyed to MnDOT. Parcel B will total 5,764 square feet of property, and will be retained by the EDA. The parcels are zoned Central Community District (CCD) and are located in the F -2, Conveniences and Services, Sub - District of the CCD. The CCD has no minimum lot width or area requirements which apply to the resulting parcels. The existing building on the property is scheduled for demolition by June 1, 2015, and therefore no setback violations will be present relating to combination or subdivision. Upon approval of the combination and simple subdivision by the City Council, formal documentation of both actions will be filed at Wright County. A certificate of survey documenting the conditions of the combined and subdivided lots will be prepared. Occasionally, the County Recorder determines that the new descriptions are not recordable. If that is the case, a plat would be required, and the EDA will apply for plat approval. Planning Commission Agenda: 04/07/15 B. ALTERNATIVE ACTIONS: Motion to adopt Resolution PC- 2015 -009 recommending approval of the Administrative Lot Combination and Simple Subdivision for Lots 14 and 15, Block 34, Original Plat of Monticello. 2. Motion to deny adoption of Resolution PC- 2015 -009 at this time. With this option, Planning Commission should provide findings of fact as reason for denial of the request. C. STAFF RECOMMENDATION: City staff recommends Alternative 91. The subdivision and lot combination results in a lot that is compliant with ordinance requirements and necessary to support the intersection improvements at TH 25 and CSAH 75. Pending the combination and subdivision approval, the EDA will consider conveyance of the subdivided parcel by quit claim deed in May, 2015. D. SUPPORTING DATA: A. Resolution PC- 2015 -009 B. Aerial Image C. Lot Combination Illustration D. Lot Subdivision Illustration E. Legal Descriptions of Area of Combined and Subdivided Parcels F. Subdivision Ordinance - Subdivision by Metes and Bounds G. Monticello Zoning Ordinance, Excerpt - CCD CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -009 Motion By: Seconded By: RECOMMENDING APPROVAL OF ADMINISTRATIVE LOT COMBINATION AND SIMPLE SUBDIVISION LOTS 14 & 15, ORIGINAL PLAT WHEREAS, the applicant is the owner of a single record parcel consisting of Lots 14 and 15, Block 34, Original Plat of Monticello; and WHEREAS, the applicant proposes to combine the subject properties into a single lot of record; and WHEREAS, the application proposed to subdivide the resulting subject property into two lots for the purpose of conveyance of property for public purpose to a public agency; and WHEREAS, the property is zoned CCD, and the proposed lots will meet the applicable CCD zoning requirements; and WHEREAS, the proposed administrative lot combination and subdivision qualifies for a simple subdivision process under the terms of the Monticello Subdivision Ordinance; and WHEREAS, the Planning Commission considered the matter at its regular meeting on April 7th, 2015 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 lot combination is consistent with the intent of the Monticello Comprehensive Plan. 2. The proposed lot combination creates a lot that meet the requirements of the Monticello Zoning Ordinance. 3. The proposed lot combination qualifies as a "administrative subdivision" under the terms of the Monticello Subdivision Ordinance for purposes of processing. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2015 -009 4. The proposed subdivision is consistent with the intent of the Monticello Comprehensive Plan. 5. The proposed subdivision creates lots that meet the requirements of the Monticello Zoning Ordinance. 6. The proposed subdivision qualifies as a "simple subdivision" under the terms of the Monticello Subdivision Ordinance for purposes of processing. 7. The proposed subdivision will not create undue burdens on public systems, including streets and utilities. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the proposed subdivision is hereby recommended for approval, subject to the conditions found in Exhibit Z as follows. 1. 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. ADOPTED this 7th day of April 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 Subject Property April i.201,c.; 4 Epp AN • =S��r �T ,�& F. 1! City Boundary jQ�C14Cn0 -•: t7 *sr i L inch = g¢ feet oo�.pEid� Ct4E9vueu 48, usnt I.ISQS.►�C 4w�hs A+wr�d,10H i4P, M&AbPo, ana �,. Ci3 V tiw C«rm.ny ireeV s!M. r r { ft 1^ F, N % of _` I i *4 r .�.. � � 1 { 14 15 i i City Project No. 1494 -80 Date: March 10, 2015 CITY OF 701 Xenia Avenue South, Suite 300 WSB- .� MonticeRo L O T C O M B I N A T I O N Minneapolis, 80 55416 Te1:17631541 -40 - Fax:17631541 -1700 wsbengcom LOTS 14 AND 15, BLOCK 34 ORIGINAL PLAT OF MONTICELLO K; \01494 - 800 \Survey \Easement \Lot combinationAgn t / / 7 }• / / / b / /t I -1 *1 F r VL N 250 3.31 } .......N '6{o- a5 • / ti 4V O 0 / {. / +'3 o a / ,5ti X15 12 % 10 / /I All 5,216iSQ. FT i # / 5,704 SQ. FT. / 2 } S 89° {' EAST 1/4 1 , "� / T -121 R- / 70* / / City Project No. 1494 -80 Date: March 10, 2015 CITY OF 701 Xenia Avenue South, Suite 300 WSB - Minneapolis, 55416 M—onticeRo Tel: 17631541 -48080 0 Fax: 17fi31541 -1700 LOTS 14 AND 15, BLOCK 34 wsheng.com ORIGINAL PLAT OF MONTICELLO eligincering plan6ig enviionmental.constructl K:\01494- 800ASurvey \Easement \SE EXHIBIT.dgn Lot Combination Legal Description Lots 14 and 15, Block 34, Original Plat of Monticello, as is on file and of record in the Office of the County Recorder, Wright County, Minnesota. Subdivision Legal Descriptions Parcel A, Legal Description That part of Lots 14, and 15, Block 34, Original Plat of Monticello, as is on file and of record in the Office of the County Recorder, Wright County, Minnesota which lies northwesterly of the following described line: Commencing at the Southeast Corner of the Northeast Quarter of Section 11, Township 121, Range 25; thence South 89 degrees 00 minutes 44 seconds West, assumed bearing along the south line thereof, 2176.28 feet; thence North 00 degrees 59 minutes 16 seconds West, perpendicular to said south line, 800.96 feet to the southwesterly line of said Lot 15 and the point of beginning of said line to be hereinafter described; thence North 52 degrees 20 minutes 02 seconds East, 40.14 feet; thence North 44 degrees 54 minutes 41 seconds East, 55.24 feet; thence North 25 degrees 44 minutes 05 seconds East, 39.68 feet; thence North 66 degrees 57 minutes 49 seconds East, 45.14 feet to the southeasterly line of said Lot 14; thence North 25 degrees 40 minutes 43 seconds East, along said southeasterly line, 3.31 feet to the northeasterly corner of said Lot 14 and there terminating. Parcel B, Legal Description That part of Lots 14, and 15, Block 34, Original Plat of Monticello, as is on file and of record in the Office of the County Recorder, Wright County, Minnesota which lies southeasterly of the following described line: Commencing at the Southeast Corner of the Northeast Quarter of Section 11, Township 121, Range 25; thence South 89 degrees 00 minutes 44 seconds West, assumed bearing along the south line thereof, 2176.28 feet; thence North 00 degrees 59 minutes 16 seconds West, perpendicular to said south line, 800.96 feet to the southwesterly line of said Lot 15 and the point of beginning of said line to be hereinafter described; thence North 52 degrees 20 minutes 02 seconds East, 40.14 feet; thence North 44 degrees 54 minutes 41 seconds East, 55.24 feet; thence North 25 degrees 44 minutes 05 seconds East, 39.68 feet; thence North 66 degrees 57 minutes 49 seconds East, 45.14 feet to the southeasterly line of said Lot 14; thence North 25 degrees 40 minutes 43 seconds East, along said southeasterly line, 3.31 feet to the northeasterly corner of said Lot 14 and there terminating. 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 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 Section 3.5 (G) CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (G) Central Community District CCD Central Community District The purpose of the "CCD ", Central Community District, is to provide for a wide variety of land uses, transportation options, and public activities in the downtown Monticello area, and particularly to implement the goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Embracing Downtown Monticello report and its Design Guidelines. All proposed development or redevelopment in the CCD shall be subject to the requirements of the Design Guidelines and other standards identified in the Embracing Downtown Monticello report. It is not the intent of this chapter to abrogate any general Zoning Ordinance requirements in the CCD, and all such requirements of the Monticello Zoning Ordinance apply fully within the CCD unless addressed separately by a more detailed CCD zoning regulation. Sub - Districts. The CCD is hereby divided into sub - districts, including three Flex Areas (F -1, F -2 and F -3), and eight Landmark Areas (L -1 through L -8). The City Council shall, in accordance with the process providing for zoning map amendments in the Monticello Zoning Ordinance, adopt a zoning map for the CCD area identifying the sub- district boundaries. Base Lot Area • No minimum Base Lot Width • No minimum iypicai ccu suiia r Typical CCD Lot Configuration City of Monticello Zoning Ordinance Page 115 Planning Commission Agenda: 4/07/15 8. Consideration of Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance (AS) A. REFERENCE & BACKGROUND: In January of 2015, the City of Monticello adopted an interim ordinance allowing for an expansion in allowances for temporary signage. Interim ordinances allow a municipality the opportunity to study an issue as related to official controls, such as zoning ordinances. As part of the 2015 adoption of the interim ordinance, staff's recommendation to the Planning Commission and City Council was to provide direction over the course of the year on amendments to the temporary sign ordinance to replace the interim ordinance for 2016. For the Commission's reference, staff has provided below a comparison of temporary sign provisions under the interim ordinance and existing ordinance, as well as past recommended amendments. During the meeting, staff will also provide an overview of the current permanent sign allowances. At this time, staff is seeking only to provide background information for the Commission in order to provide a reference point for future discussions on ordinance development. The Monticello Zoning Ordinance defines temporary signs as follows: SIGN, TEMPORARY: Any sign which is erected or displayed for a specified period of time, including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable devices. Temporary signs are permitted accessory uses all districts, subject to regulations as outlined within Chapter 4, Section 5 of the Monticello Zoning Ordinances. In 2011, an interim ordinance regulating temporary signs was first adopted. The interim ordinance was intended to allow the City an opportunity to analyze the temporary sign usage issue over a period of time, including concerns raised by temporary sign permittees regarding allowable number of days and location. The provisions of the interim ordinance essentially superceded the existing ordinance regulations in place. The intent of the interim ordinance was to determine whether amendments to the "Signs" sub - section of the zoning ordinance were necessary to address issues raised with the existing ordinance. The primary issues for evaluation were number of allowable days of use, allowance for signs per business versus building or parcel, and sign size. The following table illustrates a comparison in flexibility between the existing zoning ordinance and that as allowed under the interim ordinance (which is in place for 2015). Planning Commission Agenda: 4/07/15 Code Requirement Existing Ordinance Interim Ordinance Signs Allowed Per parcel Per business, sign must be located on parcel on which business in located Number of Signs per Location 1 1 sign every 75 linear feet of ROW, 1 sign per business Number of Days (Annual) 40 Unlimited Square Footage of Sign 32 sq. ft. 40 sq. ft. Permit Required Yes Yes The interim ordinance also provided additional temporary sign allowances as follows. • Subject to other provisions of Section 4.5(I), one (1) additional flag device shall be permitted for a restaurant business with outdoor seating for a period of up to one hundred and fifty (150) days, to be located within or along their outdoor seating area. Such signage shall not be limited by the provisions of Sections 4.5(I)(1). • One (1) sign shall be allowed per street frontage on non - residential properties when a property is seeking to hire or employ personnel, provided that: • Sign may be up to forty (40) square feet in area. • Sign must be on the property on which the business is located. • Sign may not be located within a public right of way or easement. In December of 2012, after a series of discussions with businesses and an evaluation of analysis prepared by the Community Development Department, the Planning Commission recommended to the City Council the amendment of the temporary sign provisions within the existing zoning ordinance rather than extension of the interim ordinance for 2013. However, the City Council elected to continue study of the issue, again adopting an interim ordinance for 2013 and in subsequent years, through 2015. The amendments recommended by the Planning Commission in 2012 are shown below and are compared to both the existing ordinance and interim ordinance provisions. 2 Planning Commission Agenda: 4/07/15 Code Requirement Existing Interim Proposed 71 Ordinance Ordinance Ordinance Signs Allowed Per parcel Per business, sign Per business, sign must be located on must be located on parcel on which parcel on which business in located business in located Number of Signs per 1 1 sign every 75 1 sign every 75 Location linear feet of ROW, linear feet of ROW, 1 sign per business 1 sign per business Number of Days 40 Unlimited 150 Days (Annual) Size 32 sq. ft. 40 sq. ft. 40 sq. ft. Permit Required Yes Yes Yes B. ALTERNATIVE ACTIONS: None. C. STAFF RECOMMENDATION: At this time, staff is seeking only to provide background information for Commission orientation and analysis. The Commission is asked to review the staff report and sign ordinance for question and comment. D. SUPPORTING DATA: A. Interim Ordinance 9609 B. Monticello Zoning Ordinance, Chapter 4, Section 5 C. Monticello Zoning Ordinance, Chapter 8.4, Definitions, Excerpt ORDINANCE NO. 609 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN INTERIM ORDINANCE PROVIDING TEMPORARY EXPANSION OF TEMPORARY SIGNAGE ALLOWANCES WITHIN THE CITY OF MONTICELLO THE MONTICELLO CITY COUNCIL ORDAINS AS FOLLOWS: WHEREAS, the City of Monticello shall adopt this ordinance to allow the City of Monticello time to study and adopt appropriate land use controls regulating temporary signage; and WHEREAS, the City of Monticello is presently conducting a planning study for the purpose of considering amendment of official controls for temporary signage; and WHEREAS, there is a need for a study to be conducted so that the City can review its land use zoning regulations pertaining to temporary signage uses; and WHEREAS, there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City until such a study has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota: Pursuant to Minn. Stat. § 462.355, et seq., the City hereby adopts and approves the order for interim ordinance temporarily relaxing Monticello Zoning Ordinance Temporary Sign regulations 4.5(I)(1), 4.5(I)(2) and 4.5(I)(3) within the City of Monticello. 2. This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of the official controls contemplated herein or January 26th, 2016, whichever first occurs. 3. One temporary sign per business shall be allowed by permit. 4. When multiple temporary signs are permitted per parcel, such signs shall be spaced 75 lineal feet apart. 5. The total number of temporary signage days allowed per business shall be unlimited in number. Signage days used must be tracked for a permit to be considered valid. 6. One additional temporary sign device shall be permitted for a restaurant business with outdoor seating on for a period of up to 150 days, to be located within or along their outdoor seating area. ORDINANCE NO. 609 7. One additional temporary sign shall be allowed per street frontage on non - residential properties when a property is seeking to hire or employ personnel, subject to the provisions contained herein. 8. Signs must be constructed of durable materials and may not be constructed of unfinished or untreated materials. All temporary signage must be kept in good repair and may not constitute a nuisance as defined by Title 7, Chapter 1 of City Code. 9. Temporary sign area shall be limited to a maximum of 40 square feet. 10. The interim ordinance does not include a relaxation of standards pertaining to sandwich boards, as defined by ordinance. 11. Signs must be located on the property on which the business activity is located, with the permission of the property owner. 12. Prohibition of all off - premise temporary and permanent signage shall continue per Monticello Zoning Ordinance regulations 4.5(D)(2), 4.5(D)(9) and general allowable use regulations (5.1). 13. Signs may not be located within any public easement or right -of -way. 14. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. ADOPTED BY the Monticello City Council this 26th day of January, 2015. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff 1' 1 City Administrator VOTING IN FAVOR: Stumpf, Gabler, Hilgart, Perrault, Posusta None VOTING IN OPPOSITION: Ct iAPTER 4: FINISHING STAI±;DARDS Section 4.5 Signs Subsection (A) Findings, Purf)cse, and Effect 4.5 Signs (A) Findings, Purpose, and Effect (1) Findings The City finds: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important medium through which individuals may convey a variety of messages. (e) Signs can create traffic hazards and aesthetic concerns, thereby threatening the public health, safety and welfare. (d) The City's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. (2) Purpose and Intent (a) It is not the purpose or intent of Section 4.5 to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. (b) The purpose and intent of Section 4.5 is to: (i) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. (ii) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. (iii) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. City of Monticello Zoning Ordinance Page 235 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (C) Perrnit Not Required (iv) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. (3) Effect A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this ordinance. The effect of Section 4.5, as more specifically set forth herein, is to: (a) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in Section 4.5. (b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of Section 4.5. (c) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. (d) Provide for the administration and enforcement of the provisions of Section 4.5. (B) Permit Required No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a sign permit from the City: (1) The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. (2) Application for a sign permit shall be in conformance with the requirements of Section 2.4(K Sign Section 2.4(K), Sign Permits: Pernuts (C) Permit Not Required The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 4.5(l) and 4.5(J) of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section or any other law or ordinance regulating the same. Page 236 City of Monticello Zoning Ordinance Section 4.5 Signs Subsection (Q Permit Not Required (1) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting on a surface other than the surface of the building. (2) Permanent signs two (2) square feet or less in size. (3) One (1) sign per property in residential districts not to exceed four (4) square feet. (4) All noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a State general election year, noncommercial signs of any size may be posted in any number forty -six (46) days before the State primary in a State general election year until ten (10) days following the State general election. Election signs posted in connection with elections held at times other than those regulated by Minn. Stat. 211B.035 shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten (10) days after the election. (5) Official and Public signs. (6) One (1) sign shall be allowed per street frontage when a property is offered for sale or lease, provided that: (a) Within residential zoning districts (see table 3 -1), no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single - family, two - family, townhouse, and quadraminium units; or thirty two (32) square feet in area or eight (8) feet in height for multi - family or institutional uses. (b) For non - residential zoning districts (see table 3 -1), as well as for any parcel larger than ten (10) acres in any zoning district, signs may be up to ninety six (96) square feet in area or twelve (12) feet in height as defined in this ordinance. One (1) additional such sign shall be allowed for any street frontage which exceeds one thousand (1,000) linear feet. For the purposes of this section, frontage on any right of way, including local streets, County or State Highways, or I -94 shall constitute a "frontage ", regardless of access. (7) Sandwich board signs are allowed within all business zoning districts (see table 3- 1) provided that: City of Monticello ,coning Ordinance Page 237 C.- fAPTER 4: FiNISt-iiNG STANDARDS Section 4.5 Signs Subsectior, (D) Prohibited Signs (a) Not more than one (1) sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two (2) or more tenants each with an exclusive exterior entrance. (b) The sign shall only be displayed when the business is open to the public. (c) Except in the CCD district, the sign shall be placed only on the business property and shall be located within required principal building setbacks, or encroaching into required setback areas a maximum of five (5) feet, and shall not be placed on any vehicle. (d) The signs shall be located so as to maintain a minimum five (5) foot pedestrian walkway and so as not to obstruct vehicular traffic. (e) The sign shall be set back a minimum of two (2) feet from the back of curb of a public street or private drive aisle. (t) The sign shall conform to the following height and area requirements: (i) Height: Five (5) feet. (ii) Area: Six (6) square feet. (g) For sandwich board signs within the CCD district, sandwich board signs may be located in accordance with the provisions of subpart (c) above. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right -of -way upon the issuance of an annual permit in accordance with the provisions and process of Section 2.4(K) of this ordinance. (D) Prohibited Signs The following signs are prohibited: (1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any ofncial traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (2) All off premises signs greater than six (6) square feet in area, except that the City may permit certain temporary signs to display messages for Community Informational Signs not related to the premises on which they are displayed. Page 238 City of Monticello Zoning Ordinance CHAPTER 4. ""INISHIN;G SUNDARDS Sertion 4.11 Signs Subsection (E) Nonconforming Suns and Uses (3) Flashing signs. (4) Roof signs. (5) Rotating signs. (6) Shimmering signs. (7) Signs which move or imitate movement, except for dynamic scrolling signs as defined in this ordinance. (8) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. (9) Off Premises Signs: (a) Off premise signs existing as non - conforming structures at the time of adoption of this ordinance greater than six (6) square feet in area shall be considered a principal use of property. (b) Annual permits are required for all off premises signs. Off premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located. (10) Abandoned signs. (E) Nonconforming igns and Uses (1) Signs: A non - conforming sign lawfully existing upon the effective date of this ordinance as denoted in Section 1.4 shall be regulated in accordance with Chapter 6 of this ordinance. (2) Uses: When the principal use of land is legally non - conforming under Chapter 6 of this ordinance, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. City of Monticello Zoning Ordinance Page 239 CIH PTER 4: FIM;S YVG STA#VDPRVS Section 4.5 Signs Subsection (H) General Provisions (3) When a sign is considered to be non - conforming due to size, location, or other factor, but represents a conforming use of land, such sign may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless it is considered to be abandoned as defined by this ordinance. When a non - conforming sign has been damaged to an extent of 50% or more of its market value, such sign shall be considered to be abandoned if no building or sign permit has been applied for within 180 days of the date of damage. (F) Enforcement and Penalties Section 4.5 shall be administered and enforced in accordance with the provisions of Chapter 7 of this ordinance. (G) Substitution The owner of any sign which is otherwise allowed by Section 4.5 of this ordinance may substitute non - commercial copy in lieu of any other commercial or non - commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non - commercial speech, or favoring of any particular non- commercial message over any other non - commercial message. This provision prevails over any more specific provision to the contrary. (H) General Provisions (f) Accessory Structures Except as provided for by Section 4.5(D)(9), all signs shall be considered accessory structures. (2) Setbacks All freestanding signs shall be set back freer. (15) feet from any property line abutting a public right -of -way and five (5) feet from any side or rear property line. No sign may be located within a drainage and utility easement. (3) Standards Adopted The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as may be amended, are hereby adopted. Page 240 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) Gen et Provisions 11411.E g1l Jlra E u1t-Womm .. ... x Ti�rim� a, V. .21 -r ontenimt Sipt.-tni'a t oh- #01461,11 No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (7) Illuminated Signs Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed without shielding of the light source provided that: (a) Unshielded LED light displays may only be located on properties within the FBS, Freeway Bonus Sign District, an overlay zoning district as defined in Section 3.7(G) of the Monticello Zoning Ordinance. (b) Unshielded LED lights are not installed in any area that abuts residentially zoned property. (c) Unshielded LED lights are not installed in such a way as to direct light towards residentially zoned property within 500 sign It feet of the light source. (d) Unshielded LED lights may not exceed a maximum illumination of 5000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits h icin Sign Aim (candelas per square meter) between dusk to dawn as Calculation measured from the sign's face at maximum brightness; City of Monticello Zoning Ordinonce Page 241 (4) Electrical Signs j The installation of electrical signs shall be subject to the State's 1 Electrical Code. Electrical service to such signs shall be A a' i underground. i r (5) Approval � a No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department. 1 ":Y#':31.ARB:.,t • �:�ttli #- t .tx l�i 3 (6) Sign Interference 11411.E g1l Jlra E u1t-Womm .. ... x Ti�rim� a, V. .21 -r ontenimt Sipt.-tni'a t oh- #01461,11 No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (7) Illuminated Signs Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed without shielding of the light source provided that: (a) Unshielded LED light displays may only be located on properties within the FBS, Freeway Bonus Sign District, an overlay zoning district as defined in Section 3.7(G) of the Monticello Zoning Ordinance. (b) Unshielded LED lights are not installed in any area that abuts residentially zoned property. (c) Unshielded LED lights are not installed in such a way as to direct light towards residentially zoned property within 500 sign It feet of the light source. (d) Unshielded LED lights may not exceed a maximum illumination of 5000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits h icin Sign Aim (candelas per square meter) between dusk to dawn as Calculation measured from the sign's face at maximum brightness; City of Monticello Zoning Ordinonce Page 241 SeclJoll 4.5 signs SC, ubseuiurl (H) General Provisions (e) Dimmer Control. Unshielded LED lights must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half -hour before sunset and one half -hour after sunrise. (8) Permit Display Signs requiring permits shall display in a conspicuous manner the permit sticker or sticker number. (9) Placement No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (10) Structure A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding thirty (30) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. (11) Square Footage Calculation (Total Area =A x B): (a) For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon: (b) For monument signs, area shall be calculated as for wall signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign area: (c) For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation. Page 242 City of Monticello Zoning Ordinance CIIAPTER 4: FlPUShING STANDARDS Section 4.5 Sins Subsection (H) Generol Provisions (12) Height The top of a wall sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached. (13) Landscaping A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property. (14) Vehicle Fuel Facilities Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non - electronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. (15) Window Signs Window signs are not considered a part of the maximum sign area otherwise allowed under Section 4.5 of this ordinance and do not require a permit. (16) Changeable Copy Signs (a) Changeable copy signs are subject to the following additional regulations: (i) Signs must be permanently anchored to the structure. (ii) Signs must be incorporated within the overall sign structure for both monument and pylon signs and must be consistent in design with the sign structure. (b) Within commercial and industrial districts and for civic and institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and places of public assembly, one (1) changeable copy sign shall be allowed per site provided that the area of the sign not exceed twenty -five (25) percent of the allowable sign area or fifty (50) square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance Section 4.5(I)(2) in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area. City of Monticello Zoning Ordinonce Page 243 CHAPTER 4: HNISHING STANDARDS Scajon 4.5 Signs Subsertion (H) General Provisions (17) Time and Temperature Signs Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. (18) Projecting Signs Projecting signs may be allowed in commercial districts provided that: (a) There is a minimum of eight (8) feet of clearance under the base of the sign to the ground below. (b) The sign does not project more than five (5) feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of-way. (c) The area of the projecting sign is not more than fifty (50) percent of the maximum area allowed for an individual wall sign in the respective zoning district in Section 4.5(J). (19) Dynamic Displays (a) Findings Based on studies related to the use of dynamic sign displays and driver distraction, the City finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the City, whether new or existing, conforming or non - conforming at the time of adoption of this ordinance. (b) Regulations governing Dynamic Sign Displays (i) Dynamic sign displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by subpart (iii) of this subsection below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance, including the definition of "scrolling signs ". Page 244 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (ii) Dynamic sign displays shall not be permitted in any Residential zoning district. (iii) Dynamic sign displays shall be permanent signs. (iv) No dynamic sign display shall change more than one time per three (3) second period; time and temperature displays may change as frequently as once every three (3) seconds. (v) Dynamic sign displays shall be no brighter than other illuminated signs in the same district. (vi) Dynamic sign displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City's regulations. (vii) Applicants for dynamic sign displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the City shall be authorized to arrange disconnection of electrical service to the sign display. (viii) No dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. (20) Design and Materials Standards for Signs in Commercial Districts, Industrial Districts, the CCD District, PUDs, and Performance Based Enhancement District Development (a) In General The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the same as, or compatible with, the materials and design of the principal building(s) on the property. (b) Specific Materials for Pylon Signs All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with building architecture. City of Monticello Zoning Ordinance Page 245 CH'APTER 4: STA: *DfiRD5 Section 4.5 Simms .Subsection (t) T errrherary Sims. (1) Temporary Sims (1) For property in a Business District or an Industrial District (see table 3 -1), the use of commercial temporary sign devices shall not exceed forty (40) days per calendar year per building. Not more than one (1) temporary sign device per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty -two (32) square feet. (2) In cases where properties forego, in writing, temporary signage allowed by Section 4.5(l)(1) above, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign may be incorporated into a property's freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. (3) Subject to other provisions of Section 4.5(1), one (1) additional temporary sign device shall be permitted for a business on a one -time basis for a period of up to forty (40) days to be utilized within six (6) months of the first day of the business opening to the public. Such signage shall not be limited by the provisions of Sections 4.5(I)(2). (4) Businesses or organizations with their activities located in the CCD, Central Business District, may display temporary, off - premise signs by express permit issued by the City Council or the Council's designee where access to commercial areas requires directional signage from the City's arterial roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances, including permanent signage, other on -site temporary signs, or "sandwich board" signs displayed pursuant to Section 4.5(C)(7). Signs allowed under this section may, at the discretion of the Council, be permitted under the following conditions: (a) Off - premise, temporary signs shall be no more than four (4) square feet in area. (b) Off - premise temporary signs shall be no more than three (3) feet in height. (c) Off - premise temporary signs shall be limited to no more than one (1) sign every seventy -five (75) lineal feet of street frontage, but no more than three (3) signs per parcel. Page 246 City of Monticello Zoning Ordinance CHAPTER 4: FliViSrlMIG S T ANDAr OS Section 4.5 Signs Subsection Q) Gistiict Regulotions (d) Notwithstanding other regulations to the contrary, such signs may be placed upon the public sidewalk within a City street right of way. Any such sign placed on the public sidewalk shall be located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic. (e) An application for an off - premise, temporary sign shall be accompanied by a written statement of permission from the owner of the private property on which the sign is to located. Such statement shall include an express grant of permission for City inspectors to enter the property for the purpose of inspecting and/or removing said signs. (f) An application for signs subject to the provisions of this section may be made for a single period of display, or in the alternative, the City may grant approval for annual license for the display of such signs in accordance with Section. 2.4(K). Separate fees may be established for single- period or annual - period permits. (g) Eligible days for the display of signs subject to this section shall be Thursday, Friday, Saturday, or Sunday only. (5) Any temporary sign permitted under this section shall be required to display messages related only to the activity on the premises on which the temporary sign is located, with the exception that such sign may display messages defined as Community Informational Signs. The display of Community Informational signage shall not add to the number of days of temporary sign display allotted to a particular premises, business, or property by this section, and any such sign shall comply with all other regulations of this Chapter. (J) Distract Regulations In addition to the signs allowed by Section 4.5(C) and Section 4.5(I), the following signs shall be allowed within the specific zoning districts: (1) Within residential zoning districts (see table 3 -1), the following additional regulations apply: (a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below, not more than one (1) sign shall be allowed provided that: (i) The area of the sign shall not exceed four (4) square feet. (ii) Freestanding signs shall be limited to a maximum height of four (4) feet. City of Monticello Zoning Oidinance Page 247 CHAPTER 4: FINISHING STANDARDS Section 1.5 Signs Subsection 0) District Regulations (b) In addition to the sign allowed by Section 4.5(J)(1)(a) above, one (1) residential area identification sign shall be allowed. Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. (c) Government buildings and structures, public, quasi - public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed two (2) institutional identification signs not exceeding seventy -five (75) square feet in area and eight (8) feet in height. (2) Within business and industrial zoning districts (see table 3 -1), the following additional regulations shall apply: (a) Total Area of Signs The total area of all signs (with the exclusion of freestanding signs as may be allowed by this code) displayed on a lot shall not exceed fifteen (15) percent of the total building facade fronting not more than two (2) public streets. (b) Freestanding Signs (i) Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty -two (22) feet. (ii) If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted. (iii) For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs may be constructed or, as an alternative, one (1) pylon and one (1) monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than twenty -five (25) feet in height and three hundred (300) square feet in area. (c) Wall, Canopy, or Marquee Signs (i) Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of Section 4.5(J)(2)(a). The Freeway Bonus Sign Overlay District allows for additional sien"e in specific commercial and industrial areas LS ction 3.7(G)1 Page 248 City of h1onticello Zoning Gidinance CHAPTER 4: FINISa.tNG STANDARDS Sodiou 4.15 signs Subsection 6) District Regulations (ii) Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use. (d) 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 (30) total square feet. (e) Multiple Occupancy Commercial And Industrial Buildings When a single principal building is devoted to two (2) or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Community Development Department based upon the following requirements: (i) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in Section 4.5(J). (ii) Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 4.5(J). (iii) Except as provided by window, changeable copy, or temporary signs in this ordinance, individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall not display separate wall, canopy, or marquee signs unless the tenant's business has an exclusive exterior entrance and subject to the following requirements: 1. Each sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in Section 4.5(J). 2. The sign shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street. A comprehensive sign plan is submitted that includes all of the following information: a. A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan. b. Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs. City of Monticello Zoning Ordinance Page 249 CHAPTER 4: FIAICSL -1f ,0EG STANDARDS Section 4.7 Transitional Features Subsection (L',) Applicability c. To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any). 4. No permit shall be issued for anew or replacement sign for an individual tenant except upon a determination by the Community Development Department that it is consistent with the approved comprehensive sign plan. 4.6 Underground Utilities All utilities within or serving new development [e.g. cable television, electrical (excluding transformers), gas, sewer, telephone, and water lines] shall be placed underground. 4.7 Transitional Features (A) Purpose and Intent Transitional features are architectural elements or site aspects that must be used to ease the transition between new development and existing structures and community character. It is the intent of these standards to: (1) Blend land use types throughout the City to minimize visual conflicts; (2) Limit the excessive consumption of land though the utilization of large vegetated buffers to separate potentially conflicting use types; and (3) Limit interruptions in vehicular and pedestrian connections created by efforts to segregate uses. (B) Applicability (1) Transitional features shall be required when: (a) Different use types abut one another (e.g. residential, institutional, commercial, office); (b) Adjacent residential lots contain differing densities (e.g. a single family home site adjacent to a duplex); Page 250 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SHELTER, FALLOUT: An accessory building specifically designed and used for the protection of life from radioactive fallout. SHELTER, STORM: An accessory building specifically designed and used for the protection of life from weather events. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. SHORELAND: Land located within the following distances from public water: (A) 1,000 feet from the ordinary high water mark of a lake, pond, or flowages. (B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources or the commissioner's designated representative. (C) The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Rules Chapter 6105.0800 -0950. SHRUB: A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen. SIDEWALK SALES & DISPLAY, OUTDOOR: Outdoor sale and display, conducted as an accessory, incidental activity by the proprietor, of products normally sold inside a retail establishment, subject to the limitations identified in this ordinance. SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. City of Monticello Zoning Ordinance Canopy Sign CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SIGN, ABANDONED: Any sign and /or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Where a sign has received a special permit or other City approval, such approval shall run with the principal use of the property, and such a sign shall be considered to be abandoned under this definition when it meets the conditions specified in this section, notwithstanding the prior special approval. SIGN, AREA IDENTIFICATION: A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center consisting of five (5) or more separate business concerns, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above located on contiguous property. SIGN, AWNING: A building sign or graphic printed on or in some fashion attached directly to the awning material. SIGN, AREA: A sign identifying a series of related parcels or uses, rather than a specific parcel or use. SIGN, BALLOON: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty -four (24) inches in diameter. SIGN, BILLBOARD: See definition of Off Premises Sign. SIGN, BUILDING: Any sign attached or supported by any building. SIGN, CANOPY: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. City of Monticello Zoning Ordinance Page 453 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SIGN, CHANGEABLE COPY: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. SIGN, CHANGEABLE COPY (ELECTRONIC): A sign or portion thereof that displays electronic, non - pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Electronic changeable copy signs may also be dynamic display signs if the definition of dynamic display sign is met. SIGN, COMMUNITY EVENT: A sign displaying information related to a community event open to the public when such event is sponsored or operated by a person or organization in a not - for - profit capacity. Qualifying organizations shall include: (A) Any organization established under Internal Revenue Code Section as a not - for - profit (B) Any other organization or individual registering with the Secretary of State as a not -for- profit; (C) Any other organization or individual registering with the City of Monticello and meeting the requirements established by the City Council. SIGN, DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. All dynamic displays are changeable copy signs, but not all changeable copy signs are dynamic displays. CHPHGEABLE COPY SIGH Changeable Copy Sign Page 454 City of Monticello Zoning Ordinance saor HE RW OF Sign Height Marquee Sign CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SIGN, ELECTRONIC GRAPHIC DISPLAY: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. SIGN, FLASHING: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. SIGN, FREESTANDING: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. SIGN, HEIGHT OF: The height of the sign shall be computed as the vertical distance measured from the crown of the adjacent street surface at centerline to the top of the highest attached component of the sign. SIGN, IDENTIFICATION: Signs in all districts which identify the business or owner, or manager, or resident, and set forth the address of the premises where OWN ... ■ the sign is located and which contain no other material. SIGN, ILLUMINATED: Any sign which contains an element designed to emanate artificial light internally or externally. SIGN, MARQUEE: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. City of Monticello Zoning Ordinance Page 455 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SIGN, MONUMENT: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding fourteen (14) feet. SIGN, MULTI- VISION: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one (1) of two (2) or more images. SIGN, OFF PREMISES: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of the Sign Ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign. SIGN, OFFICIAL: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty — See also "Public Sign ". SIGN, POLE: See definition of Pylon Sign. SIGN, PORTABLE: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. SIGN, PROJECTING: Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face. SIGN, PUBLIC: Any sign posted by a governmental agency of a public, non- commercial nature, to include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs for civic interest groups within the City of Monticello when signs are erected by or on order of a public officer or employee in the performance of official duty — See Also "Official Sign ". Monument Sign Projecting Sign Page 456 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SIGN, PYLON: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. Pylon Signs SIGN, ROOF: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. SIGN, ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. SIGN, ROTATING SIGN: A sign or portion of a sign which turns about on an axis. Sandwich Board Sign SIGN, SANDWICH BOARD: A sign placed near the entrance of a business, usually on the public or private sidewalk, advertising particular aspects of the business goods or services. SIGN, SHIMMERING: A sign which reflects an oscillating sometimes distorted visual image. SIGN, SUSPENDED: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to such surface. SIGN, TEMPORARY: Any sign which is erected or displayed for a specified period of time, including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable devices. SIGN, TIME AND TEMPERATURE: A sign that displays only current time and temperature information. SIGN, VIDEO DISPLAY: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. City of Monticello Zoning Ordinance Page 457 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SIGN, WALL: Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. SIGN, WINDOW: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. Window Signage SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON - COMMERCIAL: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions. [See Section 4.1 H SHOPPING CENTER: An integrated grouping of commercial stores under single ownership or control. See also "RETAIL COMMERCIAL USES" SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees. SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun. Page 458 City of Monticello Zoning Ordinance Planning Commission Agenda — 04/07/15 9. Consideration to accept resignation of Commissioner Heidemann A. REFERENCE AND BACKGROUND: Staff has received formal notice of the resignation of Planning Commissioner Alan Heidemann. Staff would like to extend to Mr. Heidemann our most sincere gratitude for his years of service to the City and best wishes on his move to another community. The City has posted notice of the vacancy and is currently seeking applicants until April 28th, 2015. B. ALTERNATIVE ACTIONS: Motion to accept the resignation of Commissioner Heidemann C. STAFF RECOMMENDATION: None D. SUPPORTING DATA: Resignation Letter From: Alan.P.Heidemann @wellsfargo.com Sent: Monday, March 9, 2015 8:08 AM To: Angela Schumann Subject: Planning Commission Salutations, We have put an offer I on a house across the river in Big Lake and the offer has been accepted. That being said I will be resigning my position on the Planning Commission effective immediately. I would like to thank you, The Commission, and the City of Monticello forgiving me this opportunity and this great learning experience! In a little over a year my knowledge of city planning has grown exponentially and I look forward to bringing that knowledge to my next endeavor. Thank you again! Alan Heidemann Learning and Development Facilitator Centralized and Strategic Alliances WF CL C - Learning and Development Wells rargo Home Mortgage 12703 wells rargo way I Minneapolis, MN 55408 -21436 MAC: N9408 -09R I Office: 617- 312 -4273 Alan.p.heidemann @ wellsfargo.com