Planning Commission Agenda 02-03-2015AGENDA
MONTICELLO PLANNING COMMISSION
REGULAR MEETING
Tuesday, February 3rd, 2015 - 6:00 PM
Mississippi Room, Monticello Community Center
SPECIAL MEETING
Planning Commission Vacancy Interviews
5:00 PM — Academy Room
Commissioners: Chairman Brad Fyle, Linda Buchmann, Alan Heidemann,
Sam Murdoff
Council Liaison: Charlotte Gabler
Staff: Angela Schumann, Steve Grittman - NAC, Ron Hackenmueller
1. Call to order.
2. Citizen Comments.
3. Consideration of adding items to the agenda.
4. Consideration to approve Planning Commission minutes.
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 Development Stage
Planned Unit Development (PUD) and Preliminary Plat for Sunset Ponds Yd Addition, a
proposed 48 -unit residential development in an R -2 District.
Applicant: Sunset Ponds, LLC
7. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning
Ordinance, Chapter 2, Section 3 — Common Review Procedures and Requirements,
Chapter 2, Section 4 — Specific Review Procedures and Requirements, Chapter 5, Section
3 — Accessory Use Table, and Chapter 8, Section 4 — Definitions.
Applicant: City of Monticello
8. Public Hearing — Consideration of a request to adopt the 2015 Monticello Official Zoning
Map.
9. Adjourn.
MINUTES
SPECIAL MEETING — MONTICELLO PLANNING COMMISSION
Wednesday, January 1411, 2015 - Mississippi Room, Monticello Community Center
Present: Brad Fyle, Linda Buchmann, Sam Murdoff
Absent: Alan Heidemann
Others: Angela Schumann, Jeff O'Neill, Steve Grittman (NAC), Ron Hackenmueller,
Charlotte Gabler (Council Liaison)
City Administrator Jeff O'Neill administered the Oath of Office to newly appointed members
Sam Murdoff and Linda Buchmann.
1. Call to order
Brad Fyle called the meeting to order at 7:30 p.m. He noted the absence of Alan
Heidemann and the appointment of Charlotte Gabler as Council representative.
2. Consideration to elect officers
Brad Fyle indicated that he would like to be considered for the Chair position and
invited other nominations. Commissioners was asked to elect the positions of Chair
and Vice Chair of the Commission for 2015.
Decision 1: Chair Position
LINDA BUCHMANN MOVED TO NOMINATE COMMISSIONER BRAD FYLE
AS CHAIR OF THE PLANNING COMMISSION FOR 2015. SAM MURDOFF
SECONDED THE MOTION. MOTION CARRIED 3 -0.
Brad Fyle noted that Alan Heidemann had indicated interest in serving as Vice Chair
if nominated. Fyle asked for any other nominations for the position.
Decision 2: Vice Chair Position
SAM MURDOFF MOVED TO NOMINATE COMMISSIONER ALAN
HEIDEMANN AS VICE CHAIR OF THE PLANNING COMMISSION FOR 2015.
LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0.
3. Citizen Comments None
4. Consideration of adding items to the agenda
• Truck Parking at Broadway Market (Gabler)
• Website /IT (Schumann)
• Vacant Planning Commissioner Position (Schumann)
Planning Commission Minutes 1/14/15
5. Consideration to approve Planning Commission minutes
a. Special Meeting — December 2nd, 2014
BRAD FYLE MOVED TO APPROVE THE DECEMBER 2N", 2014 SPECIAL
MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION.
MOTION CARRIED 3 -0.
b. Regular Meeting — December 2nd, 2014
BRAD FYLE MOVED TO APPROVE THE DECEMBER 2N", 2014 REGULAR
MEETING MINUTES. SAM MURDOFF SECONDED THE MOTION. MOTION
CARRIED 3 -0.
6. Public Hearing — Consideration of a request for Amendment to the Monticello
Zoning Ordinance, Chapter 5, Sections 1 — Use Table, Section 2 — Use - Specific
Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 —
Definitions as related to regulations for Solar Enemy Systems (NAC)
Planning Case Number: 2014 -054
Steve Grittman explained that City staff had recently been asked questions related to
the concept of establishing a solar energy facility in Monticello's Orderly Annexation
Area. Preliminary consideration of this matter had led staff to review existing zoning
regulations and determine that the code is not clear regarding the classification of this
type of use. y
The City Council established a land use moratorium on principal solar energy uses at
its November 24th, 2014 meeting, as had been recommended by the Planning
Commission. The City has 12 months to study the issue and consider changes to
development regulations.
Grittman noted that current land use regulations address solar panel installations on
existing properties as an accessory use. Accessory use of property is "subordinate and
incidental" to the activity or structure on the site. This type of use can be regulated by
size, location, design, building -mount or ground -mount and proportionality. These
type of installations are usually attached to an existing building and produce electrical
power that is consumed by the occupant of the property.
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 impact,
from accessory uses. This type of use can be regulated by land use regulation goals,
tax /service impacts, long range planning patterns and public finance issues.
Grittman pointed out that municipalities have the authority to regulate land uses with
certain limitations that are imposed by the state. The City can use its development
regulations to manage location, size, extent and intensity of various land uses, and
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relegate certain land uses to specific districts. In most cases, the City can prohibit land
uses that are incompatible with land use objectives.
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. Based on staff analysis of solar
energy production regulation options, staff recommended the following amendments:
Solar Energy as an Accessory Use
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.
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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.
Sam Murdoff asked if the City was opposed to allowing solar as principal use because
of public funding issues. Grittman explained that the primary issue with allowing
solar as a principal use is that it is essentially a rural use.
Murdoff also asked if it might be an option to require that a principal solar use facility
take on extra taxes to compensate for the lack of employment and funding generated.
Grittman suggested that because the legislature has a lot to say about the public
regulated utility market such considerations may be beyond local control.
Fyle asked about what Xcel Energy would be allowed to do. Gritmman indicated
Xcel would be allowed to establish solar generation as an accessory use like any other
industrial facility.
Fyle opened the public hearing.
Dean Leischow, a solar energy developer with Sunrise Energy, 601 Carlson Parkway,
Minnetonka, pointed out that Sunrise had developed projects across the country. He
indicated that recent legislation prompted interest in developing a considerable
amount of solar production in Minnesota. He pointed out that one of the sites that
Sunrise is looking to develop is outside of the City's jurisdiction in the annexation
zone. He noted the importance of being a good corporate neighbor and explained that
solar energy would benefit the community. He suggested that solar plants do not
make any noise, can vary in size from half an acre to 100 acres, and generate
considerable tax revenue. Leischow suggested that, rather than establishing a blanket
moratorium on solar as a principal use, the city would be better served by establishing
some sort of a zoning overlay which allows solar as a principal use in commercial,
industrial, and agricultural areas on a case by case basis.
Dan Rogers, of 2728 Stevens Avenue, Minneapolis, stated that he is a solar developer
(at SunEdison), and also expressed interest in developing a facility within the
annexation area. He explained that such a facility would be enclosed, typically sit less
than 8 feet off the ground, and would not require water or sewer services. He
suggested that a large system would boost the local distribution infrastructure so that
the resiliency of the grid would be higher. He also pointed out that recent legislation
allows for the sale of power to anyone within distribution capacity.
Planning Commission Minutes 1/14/15
Gabler asked why the developers were interested in Monticello. Leischow indicated
that this area is attractive because of the abundant flat land and proximity to the
power plant. Rogers also noted that there are willing landowners in the area.
Linda Buchmann asked if the land the developers are interested in would be
purchased or leased. Both developers indicated that they like to lease land from
farmers. Solar contracts are typically 20 -25 years in duration.
Brad Fyle expressed interest in learning about what such a facility would look like
and how it came to be developed in other areas. Leischow said that solar arrays would
be low to the ground and can be screened. He indicated that reflectivity would be less
than 2% or so. Both developers agreed to provide additional resources about actual
sites. Steve Grittman pointed out that the staff report listed numerous websites which
may provide useful as a reference in further exploring these issues.
Gabler asked if a solar facility would be similar to the Great River Energy facility in
Maple Grove. Leischow said that St. Johns has had a small single access tracker for 5
years.
Fyle asked for clarification about who would determine if the land within the Orderly
Annexation Area would be acceptable for such a facility. Schumann explained that
the Monticello Orderly Annexation Board is responsible for the oversight and
implementation of the orderly annexation agreement that the City of Monticello has
with Monticello Township. The board is comprised of two City representatives, two
Township representatives and one Wright County representative. Mayor Brian
Stumpf and Council member Tom Perrault are the City's representatives. Schumann
noted that the Monticello Orderly Annexation Area is governed by Wright County's
zoning ordinance which does not allow solar energy systems as a principal use.
SAM MURDOFF MOVED TO TABLE ACTION ON THE ISSUE, 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. LINDA BUCHMANN SECONDED THE MOTION.
MOTION CARRIED 3 -0.
7. Consideration of a recommendation as related to Interim Ordinance #568 for
Temporary Si2nne
The interim ordinance regulating temporary signage expired on January 1, 2015.
Angela Schuman suggested that adopting a new interim ordinance for 2015 would
provide an opportunity for the recently appointed Planning Commission members to
become familiar with the history of the interim temporary sign ordinance and to
evaluate the most recent related data prior to recommending amendments.
Schumann briefly compared the parameters of the temporary sign ordinance with
those of the interim ordinance. She noted that the interim ordinance allows for a
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slightly larger sign size, allows temporary signage for each business rather than per
parcel, and allows temporary signage to be utilized for an unlimited number of days.
Schumann pointed out that the interim ordinance includes provisions which relate to
enforcement but acknowledged that there tend to be enforcement issues with
temporary signs. Regulations stipulate that temporary signs may not be placed within
public rights of way or easements, require the permit holder to track the number of
days used, and require maintenance and durability for sign materials. Schumann
indicated that it has been difficult to obtain information as to the number of days
temporary signs had been in use and pointed out that there is no requirement that
businesses provide usage statistics prior to obtaining a new temporary sign permit.
Brad Fyle asked why the temporary sign ordinance would limit the number of days
per year for advertising and the electronic billboard is visible 24 -7. Schumann
pointed out that the electronic community message board is considered a permanent
sign.
SAM MURDOFF MOVED TO RECOMMEND THAT THE CITY COUNCIL
ADOPT AN INTERIM ORDINANCE FOR TEMPORARY SIGNAGE
CONSISTENT WITH THE PROVISIONS FOR INTERIM ORDINANCE AS
PREVIOUSLY ADOPTED AND AS DETAILED IN THE STAFF REPORT OF
JANUARY 14, 2015. LINDA BUCHMANN SECONDED THE MOTION.
MOTION CARRIED 3 -0.
Staff will provide information and recent data to support the Planning Commission's
review of temporary sign ordinance issues at its March meeting.
8. Consideration of recommendations rmardin2 amendments to City Code, Title 2,
Chapter 1 - Planning Commission
Angela Schumann asked that the Commissioners review proposed amendments to the
City Code guiding Planning Commission activities (Title 2, Chapter 1), for the
purposes of updating information where required, and for consideration of a
requirement relating to meeting attendance. She noted the importance of meeting
attendance in achieving a quorum to conduct business.
The proposed amendments provide for the following:
1. Consistency of sub - section headings with other City codes for boards and
commissions.
2. Reference to the duties of the Planning Commission as may be assigned by the
City Council and by state statutes.
3. Amendment of updated information relating to term of office.
4. Addition of information related to attendance requirements.
5. Additional clarification relating to the rescheduling of regular meetings of the
Commission should conflict arise.
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6. Reference to fee schedule for compensation in order to maintain currency with
any future changes.
Brad Fyle suggested that the amendment also include a provision for three
commissioners to call for a special meeting.
BRAD FYLE MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT
AMENDMENTS TO CITY CODE, TITLE 2, CHAPTER 1 — PLANNING
COMMISSION AS STATED BY THE PLANNING COMMISSION, INCLUDING
LANGUAGE ALLOWING 3 MEMBERS OF THE PLANNING COMMISSION TO
CALL FOR A SPECIAL MEETING. SAM MURDOFF SECONDED THE
MOTION. MOTION CARRIED 3 -0.
9. Consideration to appoint a representative to the Transportation Advisory
Committee
Angela Schumann asked the Planning Commission to appoint a new representative to
the City's Transportation Advisory Committee (TAC) to fill the vacant position
created as a result of Charlotte Gabler's election to the City Council. The TAC meets
on the second Thursday every other month at 7:30 AM. The next meeting is on
Thursday, January 22 nd
LINDA BUCHMANN MOVED TO RECOMMEND THAT BRAD FYLE SERVE
AS INTERIM REPRESENTIVE TO THE TRANSPORTATION ADVISORY
COMMITTEE (TAC) UNTIL A PLANNING COMMISSION REPRESENTATIVE
TO THE TAC HAS BEEN RECOMMENDED FOR APPOINTMENT BY THE
FULL COMMISSION. SAM MURDOFF SECONDED THE MOTION. MOTION
CARRIED 3 -0.
10. Consideration to review for discussion the Land Use Application Process
Angela Schumann presented a broad overview of the land use application process in
an effort to provide the new commissioners a framework for understanding the work
of the Planning Commission. Schumann indicated that next month Steve Grittman
would conduct a Land Use 101 overview as well.
Schumann summarized that the Level 1 Pre - Design concept discussion stage of the
land use application process clarifies who would be involved, what would be needed
to accomplish the concept, and a general timeline. Staff also recommends a Level 2
Pre - Design meeting with development staff team for a detailed site discussion and
review of the essential components of the project prior to submitting an application.
Schumann cited examples of common land use applications. Those noted included
Comprehensive Plan amendment, Planned Unit Development (PUD), Conditional
Use Permit (CUP), variances, subdivisions, preliminary and final platting, map and
text amendments, and vacations of easements and rights of way.
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Schumann also briefly noted other types of administrative applications and permits.
Among those noted were sign permits, temporary use permits, special event permits,
home occupation permits, grading permits, and PUD adjustments and amendments.
Schumann reviewed the components of the land use application form. The form
requires information related to the property, the type of land use, fees and escrow and
a signature section. It also specifies the 60 day rule for taking action on a decision
once an application is complete. The timeline can be extended by another 60 days
with notification to the property owner. Upon receipt of a completed application staff
send a letter, checklist and calendar to the applicant to document submittal
requirements, approval criteria and review, hearing and expiration dates.
Schumann explained that the internal application review process includes plan
distribution, weekly staff site review, staff report preparation, an applicant review
meeting to discuss the staff report recommendation (including conditions of
approval), and distribution and posting of the agenda. Other city boards may
participate in the review process as appropriate.
Schumann pointed out that all public hearing notices require publication and some
also require mailed notice. Notice is published in the official newspaper once and
mailed ten days prior to the date of the hearing to the applicant, the property owner
and those property owners within 350 feet of the property. Staff produce an affidavit
of mailing and receive an affidavit of publication. Larger development project
applications may be posted to the Community Development page on the City's
website when time permits.
In summary, Schumann clarified that the Planning Commission is an advisory board
which holds public hearings and makes recommendations to the City Council. The
Planning Commission summarizes its decisions by adopting resolutions which
include findings of fact. The Planning Commission is the Board of Adjustment and
Appeals (decisionmaking body) for variances. The City Council is the
decisionmaking authority on many applications and holds hearings for vacations of
public easements or rights of way.
Proceedings, which serve as the City's official record, are recorded at Wright County.
All proceedings are public. A record plan set addressing all of the conditions of
approval related to the decision is required. Notices and minutes of the decision are
provided to the applicant. Ordinance and map amendments are posted to the website.
11. Added items
• Truck Parking at Broadway Market (Gabler) — Gabler asked about posting notice
regarding no overnight parking in the lot at Broadway Market. Schumann
indicated that the issue must be addressed on a case by case basis because the lot
is private property. Schumann noted that the city had already spoken with the
property broker about this issue. She agreed to also contact the property owner.
Planning Commission Minutes 1/14/15
• Website/IT (Schumann) — Schumann demonstrated how to locate the Planning
Commission page and the City, zoning, and subdivision ordinances and invited
the commissioners to browse the City's website. She pointed out that staff email a
link to the upcoming Planning Commission agenda packet when it has been
posted online. Agenda packets are typically available to view online the Thursday
before the meeting. Schumann also agreed to revisit IT questions related to
contacting Planning Commissioners.
• Vacant Planning Commissioner Position (Schumann) — Schumann noted that one
application had been submitted for the position and she requested commission
direction related to continuing to post the position and scheduling interviews.
BRAD FYLE MOVED TO ACCEPT APPLICATIONS FOR THE VACANT
PLANNING COMMISSIONER POSITION UP UNTIL ONE WEEK PRIOR TO
THE DATE OF INTERVIEW, ESTABLISHED FOR TUESDAY, FEBRUARY
3RD, 2015, AT 4:30 P.M. SAM MURDOFF SECONDED THE MOTION.
MOTION CARRIED 3 -0.
12. Adiournment
SAM MURDOFF MOVED TO ADJOURN THE MEETING AT 9:28 P.M. LINDA
BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0.
Recorder: Kerry Burri
Approved:
Attest:
Angela Schumann, Community Development Director
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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
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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
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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.
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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
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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 — 02/03/2015
6. Public Hearing - Consideration of a request for Amendment to Development Stage
Planned Unit Development (PUD) and Preliminary Plat for Sunset Ponds 3 "d
Addition, a proposed 48 -unit residential development in an R -2 District.. Applicant:
Sunset Ponds LLC /Donald Jensen. (NAQ
A.
Property: Legal: Lots 1 -5, Block 4, Lots 1 -41, 51 Block 5, Lots 1 -9
Block 6, Lots 1 -9, Block 7, Sunset Ponds 2nd Addition
Planning Case Number: 2014-050
REFERENCE & BACKGROUND:
Request(s):
The project consists of replatting a portion of the Sunset
Ponds 2nd Addition, originally planned for 60 attached
townhouse lots surrounded by common lot areas. The
replat will result in 48 small -lot single family parcels
with no common area, governed by a townhouse
association providing maintenance and management.
Deadline for Decision:
March 17th, 2015
Land Use Designation:
Places to Live
Zoning Designation:
R -2, Sunset Ponds Planned Unit
Development
The purpose of the "R -2 ", Single and Two - Family
Residence District is to provide for low to moderate
density one and two unit dwellings and directly related
complementary uses.
Current Site Use: Vacant platted townhome development
Surrounding Land Uses:
North: Residential, Attached Townhouses
East: Residential /Agricultural, Monticello Township
South: Residential, Attached Townhouses
West: Residential, Attached Townhouses
Planning Commission Agenda — 02/03/2015
Project Description: The applicants propose to replat the remaining attached
townhouse units to create detached townhouse lots,
eliminating the common lot areas. The Planned Unit
Development would be amended to reflect the change
in lot configuration, residential unit, and design
standards. The buildings would be similar to those
currently being constructed in the "T -N" (formerly R-
2A) portions of the development.
ANALYSIS
Previous PUD Approval. The original Sunset Ponds development was platted and
processed as a Planned Unit Development, including a significant number of mixed
residential units developed as traditional single family homes, small -lot single family
detached homes, and attached townhomes. Over the years, there have been various
amendments to the project PUD approvals.
The majority of the detached areas have been built out, with some exceptions in the
small -lot portion of the project. The townhouses were completed, with the exception
of the loop road and a short cul -de -sac comprising the area of the current request. As
the market has changed, the property owner /applicant of the balance of lots is seeking
a new PUD layout that would consists of detached units, built and managed as a
townhome project, often referred to as "detached townhomes ". The area proposed for
replatting is zoned R -2 under the Planned Unit Development. The applicant is not
seeking a rezoning request with this application, but rather to accommodate the unit
style and design standards under the PUD amendment.
PUD Concept Review. In the fall of 2014, the applicant presented a Concept Stage
request to the City for a new Planned Unit Development governing the lots subject to
this request. The Concept Stage consists of an informal Concept Plan review which is
separate from the formal PUD application which follows the Concept Review step.
The Ordinance identifies the purpose of Planned Unit Development as follows:
(1) Purpose and Intent
The purpose of the Planned Unit Development (PUD) zoning district is
to provide greater flexibility in the development of neighborhoods and
non - residential areas in order to maximize public values and achieve
more creative development outcomes while remaining economically
viable and marketable. This is achieved by undertaking a process that
results in a development outcome exceeding that which is typically
achievable through the conventional zoning district. The City reserves
2
Planning Commission Agenda — 02/03/2015
the right to deny the PUD rezoning and direct the developer to re-
apply under the standard applicable zoning district.
The Planning Commission and City Council, meeting in a joint review session,
identified the standards as necessary for the City's consideration of the PUD:
a. The applicants would need to verify control of the common lot areas as a part of
Development Stage PUD review.
b. New association management would need to address treatment of small lot
common maintenance, and define areas of required participation.
c. Limitations on private lot area use, including prohibition on fences and accessory
buildings, given the small lot areas and widths.
d. Enforcement process to ensure maintenance of grounds under private ownership,
rather than association ownership, an issue that can arise on small lot
developments.
e. Management and abandonment of excess utility connections in the streets.
f. Management of stormwater on small lots, and correction of stormwater issues
related to the surrounding developed areas.
g. Address Engineering concerns including:
1. Sewer and water services for each proposed lot should be contained entirely within
the property lines of the lot it is serving. The three services labeled as `B" on the
concept plan extend from the main in the street through the adjacent property's
drainage and utility easement before extending to the lot it serves. Since the property
owner maintains the services from the home to the main in the street, the property
owner would have to enter the adjacent property's yard to replace or repair the
service if a problem arises, which may create an ownership /encroachment issue.
2. The applicant should demonstrate how all utility services, public and private (i.e. gas,
phone, electric), will serve each home given the limited space between each proposed
home. This may be an issue if the utilities will extend along the side yard. Adequate
space should be provided to repair these services if there ever is a need.
h. Other issues raised by staff or city officials.
Development Stage PUD and Preliminary Plat. The original plat of Sunset Ponds
consisted of 69 total townhome lots, surrounded by common area lots. Nine of the
planned 69 units have been constructed as attached residential townhome units. The
proposed plat, as noted, consists of 48 single family lots, replatting what was planned
as 60 attached townhouse lots and a number of common area parcels.
3
Planning Commission Agenda — 02/03/2015
The applicant has made an effort to design the project in a way that utilizes existing
utility services in the constructed street. Some of the service locations that were
installed for the attached units will be abandoned, as noted in the comments above.
The proposed lots in the PUD range from about 3,000 square feet in area to more than
8,000 square feet. Side setbacks for most unit lots would be 6 feet, equal to the
required easement along the side lot lines. Front setbacks are shown, at minimum, 20
feet from the right of way line. The majority of the lots are designed with a 25 foot
setback, and some have as much as 30 or 35 feet. Rear setbacks vary greatly, with
some as little as 12 feet, similar to the rear setback that would have applied to the
attached unit lots under the original design. Most rear setbacks are much more than
the former minimum.
The project has been designed consistent with the drawings submitted with the
Concept Plan request. The primary concerns with the project relate to engineering
aspects of conversion of the site for attached to detached units, and management
issues raised by the establishment of a new association for the small lot detached
units.
Plat Lam. Planning staff has one primary issue related to the layout of the project.
Lots 2 -10 have side lot lines that angle and create internal lot corners that have a
significant likelihood of creating lot line disputes between future neighbors.
Additionally, Lot 6 is pinched at the corner and is oddly shaped, given the layout of
the proposed building site. By adjusting the lot lines to create slightly larger lots
along this stretch, a more reasonable layout is possible. These lines should be revised
to eliminate the angles. An example of one option is illustrated in an attached exhibit
to this report. This alternative reduces the lot count by one, but is a superior layout in
terms of lot usability. Staff would support a different design if it can achieve these
same objectives.
As a PUD, it is important that the City's objectives are achieved— otherwise, base
zoning standards should apply. In the R -2 District, those standards include a 5,445
square foot lot area minimum through PUD, and an averaged density of 8.0 units per
acre. The current proposal is at just over 7.2 units per buildable acre (excluding
rights of way and wetlands), an average lot size of about 6,010 square feet.
As noted above, the use of PUD requires the following: "... undertaking a process
that results in a development outcome exceeding that which is typically achievable
through the conventional zoning district." Because the original development included
more units than the current proposal, raw density should not be an issue for this
project. It is important, however, to ensure that the detached unit design makes sense
for the future residents, rather than merely accommodating the highest possible
number of units based on the utility infrastructure. As such, staff believes that the
alternative, even though it reduces unit count by a single parcel, results in a more
logical layout and is more in keeping with the objectives of Planned Unit
Development design principles.
M
Planning Commission Agenda — 02/03/2015
Proposed Lots 1 -41 will be served by existing public street, Golden Pond Lane. Lots
45 -48 will be served by an existing private drive cul -de -sac, which will be required to
be maintained by the association.
Easements and Utilities. As noted, the applicant has designed the project to utilize
existing utility services in the constructed street and to include the individual service
within each lot boundary. Some of the service locations that were installed for the
attached units will be abandoned. The City Engineer's comment letter addressed that
issue and requirements for the abandonment.
Pending the approval of the development stage PUD and preliminary plat, the
applicant intends to vacate all existing drainage and utility easements within the
portion of Sunset Ponds 2nd Addition subject to replat. The easements required for
drainage and utility purposes will then be re- established via the final plat. The
vacation of easements and the location of new drainage and utility easements will
therefore be subject to the review and comment as part of the final plat application.
Building Design. Approval of the PUD for Sunset Ponds 3rd Addition includes an
incorporation of the housing designs submitted with the application. These are
referred to in the materials as "Hickory II" and include a variety of fagade and
materials treatments, including both 2 and 3 car garage layouts. Changes to the
housing design are occasionally necessary to meet market demands. As a PUD, the
Community Development Director would retain the ability to approve minor changes
or variations in building facade or layout. Significant changes to building square
footage or layout would require amendment or adjustment to the PUD under the
terms of the PUD processing regulations in the City Code.
Landscaping. The applicants have requested a modification to the landscaping
requirements of the TN District, which require a significant amount of front yard
landscaping. Due to the narrower lot configurations and adaptation from the
previously platted townhouse layout, the alternative landscaping proposed by the
developer appears reasonable, consistent with PUD objectives, and a complement to
the plans as proposed.
Association Maintenance. The project is being constructed on land that was
originally platted for attached townhomes. Previously, two buildings with a total of 9
attached units were built, whereas 60 other proposed attached units were left
unconstructed (thus this application). The constructed units are located on a portion
of the public street. The proposed detached units sit largely on that same public
street, although 4 proposed detached units are located on a private cul -de -sac.
Thus, there are three classes of owners in the project area:
(1) Existing attached units on public street
(2) Proposed detached units on public street
5
Planning Commission Agenda — 02/03/2015
(3) Proposed detached units on private street
The applicants note that these three classes of owners would generate varying levels
of need for common services from the Association.
The applicants' proposed Homeowners' Association for the project foresees two
possible routes for common maintenance, depending on how the existing built
townhomes choose to participate (or not participate) in the new project. If the
existing attached townhouse owners choose not be part of the new association, they
will continue to operate under their previous regulations. On the other hand, with the
replatting as proposed, they may choose to join the new association, in which case
there would be a "tiered" set of rights and responsibilities. The Association
documents identify the following responsibilities and rights of the association and
resident members:
• All units will receive common lawn maintenance and snow removal.
• The 9 existing attached townhouse owners will also continue to receive and
pay for exterior maintenance, trash removal, insurance, common elements
maintenance.
• The 4 proposed detached units on the cul -de -sac will pay for common
elements maintenance (specifically, private street maintenance).
As single family detached homes, the new 48 detached units will responsible for their
own exterior structure maintenance, trash removal, and insurance. If there are
common elements eventually included in the project, such as rear -yard common
areas, those elements should be included in the maintenance responsibilities for the
detached lots.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution No. PC- 2015 -001, approving the amendment to
Development Stage PUD and Preliminary Plat for Sunset Ponds Yd Addition
based on the findings therein, including the Conditions listed in Exhibit Z.
2. Motion to deny adoption of Resolution No. PC- 2015 -001, based on findings
discussed and identified by the Planning Commission following the public
hearing.
C. STAFF RECOMMENDATION:
Planning Staff recommends approval of the amendment to PUD design and
Preliminary Plat as noted in Alternative 1. The use of PUD is intended to ensure that
development which is granted significant flexibility from the standard zoning district
requirements shows a tangible outcome that exceeds the quality of the design that
M
Planning Commission Agenda — 02/03/2015
would result from a traditional zoning approach. With the conditions attached to this
approval, staff believes that the project will meet the expectations of the ordinance,
and of the comments made by the City as a part of the Concept Proposal review.
D. SUPPORTING DATA:
A. Resolution No. 2015 -001
B. Aerial Image
C. Land Use Application
D. Consent to Application by Homeowner's Association
E. Narrative
F. PUD /Plat Subject Area
G. Site Plan
H. Sunset Ponds Preliminary PUD /Development Stage PUD Plans
a. Project Location Plan
b. Preliminary Plat and Site Plan
c. Grading & Drainage Plan
d. Utility Plan
e. Storm Water Pollution Prevention Plan (SWPPP)
f. Existing Conditions Plan
g. Details
h. Landscape Plan
L Individual Lot Landscaping Plans:
a. Preferred Alternative
b. Ordinance Compliance Alternative
J. Home Design Plans — Hickory II
K. Mailbox Plan
L. Existing Gas Line Plan Review Sheet
M. Drainage Calculations
N. City Engineer's Comment Letter, dated January 28th, 2015
O. Association Documents
a. Applicant's Attorney Letter Regarding Association Action
b. Proposed First Amendment to Sunset Ponds III Declaration
P. Staff Alternative Sketch
Z. Conditions of Approval
7
Planning Commission Agenda — 02/03/2015
EXHIBIT Z
Sunset Ponds 3 "d Addition
Rezoning to PUD, Development Stage PUD, Preliminary Plat
Lots 1 -5, Block 4, Lots 141, 51 Block 5, Lots 1 -9 Block 6,
Lots 1 -9, Block 7, Sunset Ponds 2nd Addition
1. Redesign proposed plat to reflect the alternative lot line layout in Exhibit O of this
report, or another option that meets the objectives identified in the staff report
including the elimination of angled side lot lines.
2. Prepare final Homeowners Association documents meeting the intent of the City
relating to common maintenance and enforcement.
3. Adherence to the architectural design submitted as a part of the PUD application,
referring to the "Hickory II" size, layout, and details. Minor variations in detailing
and layout may be approved by the Community Development Director, provided such
variations are consistent with the presentation and intent of the City's PUD approvals.
4. Enforcement of Homeowners Association maintenance requirements shall not be
enforced by the City of Monticello, but may not be amended without City approval
via PUD Amendment until the Association has been turned over to individual
homeowners from the control of the developer.
5. Prepare revised plans and documents reflecting the approved PUD and Preliminary
Plat for City records.
6. Revise engineering and civil plans in accordance with the conditions recommended
by the City Engineer.
7. Continued Coordination with the Streets Superintendent regarding mailbox design
and placement.
8. Prepare and submit Final Plat and PUD documents in accordance no later than thirty
(30) days after Preliminary Plat and Development Stage PUD approval by City
Council.
9. Vacation and re- establishment of easements for the proposed plat shall be in
accordance with the recommendations of the City Engineer.
CITY OF MONTICELLO
PLANNING COMMISSION
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. PC- 2015 -001
Motion By: Seconded By:
A RESOLUTION RECOMENDING APPROVAL OF THE PRELIMINARY PLAT,
REZONING TO PLANNED UNIT DEVELOPMENT (PUD),
AND THE DEVELOPMENT STAGE PUD PLAN FOR
SUNSET PONDS 3rd ADDITION.
WHEREAS, the applicant has submitted a request to rezone the described property from T-
N, Traditional Neighborhood to PUD, Planned Unit Development, along with requests for
Preliminary Plat and Development Stage PUD Plan approval; and
WHEREAS, the Planning Commission and City Council previously met in joint session to
review the Concept Proposal for said rezoning; and
WHEREAS, the Planning Commission and City Council identified a series of goals and
objectives for consideration of PUD approval for the proposed project; and
WHEREAS, the applicant has submitted the relevant documents in support of the
applications; and
WHEREAS, the Planning Commission held a public hearing on February 3, 2015 on the
application and the applicant and members of the public were provided the opportunity to
present information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff
report, which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval:
Together with the conditions identified in Exhibit Z of the staff report, the application
meets the City's intent for PUD projects as identified in the Zoning Ordinance and the
joint Planning Commission /City Council review.
2. The areas of flexibility requested by the applicant are reasonable and appropriate to
provide for a successful and attractive project consistent with the objectives of the
Comprehensive Plan.
3. The details of the Preliminary Plat, along with the conditions identified in Exhibit Z
of the staff report, are consistent with the requirements of the Subdivision Ordinance.
CITY OF MONTICELLO
PLANNING COMMISSION
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. PC- 2015 -001
4. The construction of the project will improve pre- existing drainage issues in the area
that affect surrounding property.
5. The conversion from attached to detached residential units is consistent with the
general land use pattern for the neighborhood.
6. The project meets the requirements for rezoning to PUD, Planned Unit Development
as detailed in the Monticello Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota, that the Planning Commission hereby recommends that the
Monticello City Council approves the Rezoning to PUD, Preliminary Plat, and Development
Stage PUD plan, subject to the conditions listed in Exhibit Z as follows:
1. Redesign proposed plat to reflect the alternative lot line layout in Exhibit O of this
report, or another option that meets the objectives identified in the staff report
including the elimination of angled side lot lines.
2. Prepare final Homeowners Association documents meeting the intent of the City
relating to common maintenance and enforcement.
3. Adherence to the architectural design submitted as a part of the PUD application,
referring to the "Hickory II" size, layout, and details. Minor variations in detailing
and layout may be approved by the Community Development Director, provided such
variations are consistent with the presentation and intent of the City's PUD approvals.
4. Enforcement of Homeowners Association maintenance requirements shall not be
enforced by the City of Monticello, but may not be amended without City approval
via PUD Amendment until the Association has been turned over to individual
homeowners from the control of the developer.
5. Prepare revised plans and documents reflecting the approved PUD and Preliminary
Plat for City records.
6. Revise engineering and civil plans in accordance with the conditions recommended
by the City Engineer.
7. Continued Coordination with the Streets Superintendent regarding mailbox design
and placement.
2
CITY OF MONTICELLO
PLANNING COMMISSION
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. PC- 2015 -001
8. Prepare and submit Final Plat and PUD documents in accordance no later than thirty
(30) days after Preliminary Plat and Development Stage PUD approval by City
Council.
9. Vacation and re- establishment of easements for the proposed plat shall be in
accordance with the recommendations of the City Engineer.
ADOPTED this 3rd day of February, 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
3
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r s. CITY OF MONTICELLO
=P Community Development
`�- 505 Walnut Street, Suite 1
IVlonticella, iYa'N 55362
Monii-ce. (763; 295 -2711 m info(i)ci.monticello.mn.us hand Use Application
��- -- - .� _ �"oArtt,�ur.� �nee:nea�.hr►�nK� - -- �i --i
Property Address
92nd Street and Golden Pond Lane
Properrcv � egai DQscription
Lots 1 -5 Block 4, Lots 1 -41, 51 Block 5, Lots 1 -9, Block 6; Lots 1
Property HD Number � I
PROPERTY OWNER INFORMATION _
I Owner Name 14 - -- ` e�14 se
Owner Address
5160 Viking Boulevard, Anoka, MN 55303
Owner Phone /Email
Applicant Name
APPLICANT I�'1't
:('t4
Applicant Address
5160 Viking Boulevard, Anoka, MIS 55303
Applicant Phone /Email
rmN
_�__Administrative
! _ LAND LISP APPLICATION TYPE
Adjustment
APPLICATION FEE _
Not applicable
Amendment to Ordinance
Map Amendment (Rezoning)
$200 +escrow
Text Amendment
$200 + escrow
Comprehensive Plan Amendment
$200+ escrow
Conditional Use Permit
$200 + escrow
Planned Unit Development
Collaborative
$50 + escrow
Concept
$200 + escrow
Development
$200 + escrow
Final
$50 + escrow
Other (Vegetation Cutting, Temp Infrastructure)
$0
Site Plan Review
$50 + escrow
Sketch Plan Review
Not applicable
Subdivision
Simple Sub /Admin Lot Comb /Lot Line Adjustment
$200 + escrow
Preliminary Plat
$300 + escrow
Final Plat
Variance
$50 + escrow
$200 + escrow
Vacation (Easement or Right of Way)
$200 + escrow
Special Planning Commission Meeting's
*Request relies on availability of a quorum of Planning commission
$350
LAND USE APPLICATION PLAN REVIEW ESCROW
I Commercial *See escrow Residential
0 -3 Acres $2,000 statement an 1 unit $50C (single- family)
4 -10 $6,000 reverse. 2 + units $1000 based + $100 /unit
11+ _ $10,000 Lf�Fai�eesf I Aih D U SE APPLICATION FEE & ESCROW CALCULATION
ar;� p,, - - -- -- ___ � - -- - ---
Above (only one fee required for combination appffcat(oms $
Total escrow from Above $
l TOTAL TO BE PAID AT APPLICATION $
3 Block 7,
Revised 5/30/2013
Property Owner's statement — -- – - - -_ _.
i am the fee title owner of the described property and: agree to this a pp lication. I certi fy that
I am in compliance
with all ordinance requirements and conditions regarding other City approval that have been previously granted.
al ! �'/// -
A f't".,OV$ statcnrr ent:
This application shall be processed in my name and I am the party whom the City should contact regarding the
application. I have completed all of the applicable filing requirements and I hereby acknowledge that I have read
and fully understand the applicable provisions of the City Ordinances and current policies related to this
application and that the documents and information I have submitted are true and correct.
atu
(Date) J (/<,
Applicant's Statement Regarding Fees &'1;scroWs
I acknowledge he Fees & Escrow Purpose explanation below and hereby agree to pay all statements received
pertaining to additionakapplication a tense an_rCity renew.
!J I i a I
(Date)
Timeline for R
MN State 15.99 allows a 60 -day review period for final action on a land use application (does not apply to plat
applications), once that application is found to be complete, unless the City extends the review period and so
notifies the applicant. Your request will not be scheduled for public hearing or City review until all required
information has been provided and found to be adequate by the Community Development Department.
Purpose of Fees & Escrow
Fees: The application fees are used for publication of the public hearing notice in the Monticello Times, for
postage to mail the required notice to adjacent properties as outlined by ordinance, and recording fees.
Escrow: The City uses escrow deposits for staff and consultant time for case review and preparation of documents
related to the application. This may include engineering, legal, planning and environmental consultation. Should
the original escrow be exceeded, the applicant or responsible party will be billed for all additional services.
it is the policy of the City of Monticello to require applicants for land use approvals to reimburse the City for costs
incurred in reviewing and acting upon applications, so that these costs are not borne by the taxpayers of the City.
These costs include all of the City's out -of- pocket costs for expenses, including the City's costs for review of the
application by the City's staff, Consulting Engineer, Consulting Planner, City Attorney, or other consultants.
The City will invoice the applicant for these costs within 3 months of final action on the land use application and
payment will be due within thirty (30) days. if payment is not received as required by this agreement, the City will
proceed on action to assess or lien. Payment of costs will be required whether the application is granted or denied.
0TY,fi�vli`w INFO INTERNAL USE
Application Received Date
Application Determined Complete Date /By /
r Application Action Deadline Date 60 Days . 120 Days
Montice o
CITY OF MONTICELLO
Community Development
505 Walnut Street, Suite I
Monticello, MN 55362 Land Use Application
(763) 295-2711 - infoaci-monticellg-mg us
Property Address
.11 2.
- ---------------------- 22
h 92nd Street and Golden Pond Lane
Property Legal Descripfion
Lots 1-5 Block 4, Lots 1-41, 51 Block 5, Lots 1-9, Block 6; Lots 1'.
ID Number
-Property
Owner Name
Map Amendment (Rezoniq)
$200 + escrow
Owner Address
Text Amendment
5160 Viking Boulevard, Anoka, MN 55303
Phone/Email
Comprehensive Plan Amendment
$200 + escrow
-Owner
Conditional Use Permit
$200 + escrow
Applicant Name
Planned Unit Development
Applicant Address-
Collaborative
j 5160 Viking Boulevard, Anoka, MN 55303
Applicant Phone/Email
Concept
$200 + escrow
? Block 7,
Revised 5/30/2013
Administrative Adjustment
Not applicable
Amendment to Ordinance
Map Amendment (Rezoniq)
$200 + escrow
Text Amendment
$200 + escrow
Comprehensive Plan Amendment
$200 + escrow
Conditional Use Permit
$200 + escrow
Planned Unit Development
Collaborative
$50 + escrow
Concept
$200 + escrow
Development
$200 + escrow
Final-
$50 + escrow
Other (Vegetation Cutting, Temp Infrastructure)
$0
Site Plan Review
$50 + escrow
Sketch Plan Review
Not applicable
Subdivision
Simple Sub/Admin Lot Comb/Lot Line Adjustment
$200 + escrow
Preliminary Plat
$300 + escrow
Final Plat
$50 + escrow
Variance
$200 + escrow
Vacation (Easement or Right of Way)
$200 + escrow
350
Special Planning Commission Meeting*
*Request reftes an avolablifty 9f a quwvm of Pb"lling Commission
Revised 5/30/2013
dge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received
to additional auoileation expense and City review.
Timeline for Review
MN State 15.99 allows a Wday review period for iinai action on a land use application (does not apply to plat
applications), once that application is found to be complete, union the City extends the review period and so
notifies the applicant. Your request will not be scheduled for public hearing or City review until all required
Information has been provided and found to be adequate by the Community Development Department.
Purpose of Frees & Escrow
Fees: The application fees are used for publication of the public hearing notice in the Monticello Times, for
postage to mail the required notice to adjacent properties as outlined by ordinance, and recording fees.
Escrow. The City uses escrow deposits for staff and consultant time for case review and preparation of documents
related to the appiicathm. This may Include engineering, legal, planning and environmental consultation. Should
the original escrow be exceeded, the applicant or responsible party will be billed for all additional services.
It is the policy of the City of Monticello to require applicants for land use approvals to reimburse the City for costs
Incurred In reviewing and acting t+� applications, to that these costs are not borne by the taxpayers of 0* City.
These costs Include all of the Citys out -of- pocket casts for expenses, Indudir* the City's costs for renew of the
application by the City's staff, Consulting Engineer, Consulting Planner, City Attorney, or other consultants.
The City will invoice the applicant for these casts within 3 months of final action on the land use application and
paymentwM be due within thirty (30) days. If payment Is not received as required by this agreement, the City will
proceed on action to assess or lien. ftyment of costs will be required whether the application is granted or denied.
CONSENT AND JOINDER BY LROMEOWNERS' ASSOCIATION
Sunset Ponds III Homeowners' Association, a non -profit corporation under the laws of
Minnesota, the owner of that certain real property located in Wright County, Minnesota, legally
described as:
Lot 5, Block 4; Lots 24 and 51, Block 5; Lot 9, Block 6; and Lot 9, Block 7, Sunset
Ponds Second Addition, Wright County, Minnesota
hereby consents to the Application for Amendment to Development Stage PUD and Preliminary
Plat of Sunset Ponds 2"A Addition, made by Sunset Ponds, LLC, as successor declarant.
Dated: I Ir
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
SUNSET PONDS III HOMEOWNERS'
ASSOCIATION
By: _
Its: GZ�TCG`
The foregoing instrument was acknowledged before me this day of
, 2014, by , the of Sunset
Ponds III Homeowners' Association, a non - profit corporation under the laws of Minnesota, on
behalf of said company.
Notary Public
"PHIS INSTRUMENT WAS DRAFTED BY:
Leonard, O'Brien, Spencer, Gale & Sayre, Ltd. (CLG)
100 South Fifth Strut, Suite 2500
Minneapolis, Minnesota 55402
612- 332 -1030
[ow.w T)
Sunset Ponds 3rd Addition Detached Townh
Preliminary -plat Narrative'``
PUD Development Stage Plana Aanendme 1
Lots 1 -5 Block4, Lots 1 -41,51 Block 5, Lots 1 -9 Block 6; Lots 4 -9-00LIr i
Sunset Ponds Second Addition
December 14, 2014 for Paxmar LLC and SP3, LLC
To Monticello City Council
Monticello Planning Commission
C/O Ms. Angela Schumann, Community Development Director
This narrative augments the drawings and documents submitted for purposes of a complete
submittal to process a re -plat to detached townhomes from attached townhomes. The submittal is
consistent with the concept plans presented to the council and planning commission in October of
2014. Since that meeting we have been able to update the site topography and drawings in order
to complete the full engineering set and add the necessary home plans and exhibits for proper
amendments to the PUD and to address concerns.
No changes to the master zoning which is R2 or guide plan are requested.
No change to the school district are requested or part of this application. The quantity of students
is not expected to change from predicted models as part of the buyer profile of this plan
amendment.
Setback distances are similar to previous and are discussed later. Title commitment updates are in
progress and part of the legal documents routed by LOSCS to the City attorney. They are a
companion to the amendment to the Association documents in progress.
No requirement for an EAW or EIS is triggered by this proposal.
Existing Easements
The plans require vacation of the blanket easements over portions of the common outiots of Lot
24, Block 5; Lot 51, Block 5; Lot 9 Block 6 and new easements protecting the same infrastructure
as before. This is due to the different spacing issues presented by attached structures versus
detached Townhome structures. There is no harm to the health safety welfare of any existing
structure or resident as part of this shift. Documents will be confirmed by surveyors to the City
Engineers as part of the review process and the County plat checking function of the County_
Surveyor. We will need to vacate a portion of the existing drainage easements over lots 24 and 51,
Block 5 and Lot 9, Block 5 to dedicate new easements by document and plat in order to proceed as
quickly as the schedule would allow.
Easements for the underground gas, electrical and cable utilities are all to remain in the same
locations. A few may require minor relocation at costs to be paid by the applicant when issues
such as driveway choices and front door entry locations desired by end residents cause a need to
relocate. See attached electrical distribution sketch.
No new sidewalks or pedestrian connections are planned with this submittal. Should an additional
connection be required through the review process, it would be anticipated that the authority
would be granted by the HOA documents.
L;1�`i711�1:i
Drawings and plans submitted include full engineering and proposed plat numbering. The
previously attached lots are being replatted into 48 new detached townhome lots. Consistent with
the staff reviews, each new lot will have the use of its own sewer and water connection. The rear
yards of Lots 3 to 9 have bends in the rear to join effectively with the rear of the existing
townhomes plat. An alternative lot line layout can be provided as an alternative to the submittal if
staff believes and the association adjacent desires a different shape. Should staff conclude along
with the adjacent HOA that a small roughly rectangular common outlot benefits the overall
neighborhood, an amendment can be made prior to final plat check and recording.
It is believed that this proposal enhances the relationship between the existing townhomes for the
following reasons:
Drainage can be rechecked and minor grading as part of home build out can improve or
restore design grades. We have had feedback that some some mowers, or shifts since
original construction to surface grades can be made during 2015 as part of early field work
after approvals.
Fewer dwelling units and Unit design allow for less potential perceived impacts due to
structure distances from each other. The distance from structure to structure has
increased in the locations of proposed lots 1 -3,10, 12, 17 -24.
Structure distance is less only in the location of proposed lot 11 and 35, but consistent with
other building -to- building relationships. No impact to drainage or utility functions is
experienced due to this shift for the proposed lot locations. No change is proposed to the
unit window pattern presented by the original layout, which exists or was proposed to
exist between structures to impact living area relationships inside the structure.
These changes allow for better drainage execution and potential.
Area Calculations
See engineering set for documentation. The area in question is entirely inside of previously
platted boundaries for portions of Blocks 4, 5, b and 7. As such, some of the previous criteria for
subdivision measurements will shift. The private road in Outlot G remains as is to serve Block 7.
Minimum open space per lot is increased from previous approvals due to the shift in total lots.
Please refer to engineering calculations that indicated there is less impervious surface than
approved in the past, shared with the City consulting engineer.
No change to building opening regulations is part of this amendment.
No changes to wetland delineations or watercourses are part of this submittal.
No change to the OHW of any water body is part of this proposal.
No existing trees were preserved by previous improvements on these parcels and no trees are
being taken as part of this proposal. Some on site vegetation will be restored after grading into
various grasses, shrubs and trees. 'There will be a significant new planting achieved as part of the
planned improvements once the homes are completed.
Home orientation. Builder and City services
Mail is by LISPS in group mailbox clusters shown on the attachment and located on the sidewalk
side of Golden Pond Road, in existing conditions for Block 4, and on Outlot G edges for Block 7.
Locations sometimes change due to route carrier input not known for sure until after project
amendments are complete. At the time of submittal, the locations shown were acceptable.
The homebuilder will be Fedder Homes, who built out the Sunset Ponds 2nd Addition on Goodrich
and Golden Pond Lane north of 93rd street. It is anticipated that the completion of the lots
proposed for amendment would be within 2 years from start. Initial start is targeted for April
2015, with last landscape installations being about fall 2016, It is possible that a few dwellings will
complete after landscaping and irrigation is possible, meaning a few units left for landscape and
irrigation in 2017. All punch list items and final required as built drawings would be done by the
same time.
Plan amendment flexibility provided by the PUD guidelines.
Several homes have side load garages for site plan interest, represented by the Hickory plans for
front load and side load designs. On corner lots where the side load is utilized, a limited request
for setback to the structure is 15' so long as the distance to the front of the garage doors is
maintained at 20 feet or greater. See attached plans as separate attachment.
SUNSET PONDS SECOND ADDITION, Blocks 4, Lots 1-41,51 Block 5,61 &7
Garage Size 450 SF Minimum
Foundation Size 1200 SF Minimum
Finishable Space 1500 Sty
Masonry O.E. Requirement 20% (may be achieved by stone veneers, shake siding or similar
enhanced styles of accent colors)
No more than S 0% of width of building can consist of garage
doors, unless living area exists above the garage, thereby
enhancing the curb appeal.
Garage orientation
No portion of garage can be 5' closer to the street than front
building line of principle residential use. Exception for side
loaded.
Front Setback
15' unless garage access, then 20'
Side yard setback
2$'
y� Corner Setback
15'
Rear Yard Setback
20'
Roof Pitch
5/12
Max Driveway width
18' (at curb cut)
Engineering and public improvements schedule
Utility connections will be either used for homes or irrigation. Those that cannot, will be
abandoned in the street per a detail worked out with the engineering consultant.
In some cases, where the connections are close to property lines, the water shutoff boxes and
sewer connection lines can be slightly shifted by bending a few degrees to move off of lot lines due
to the minor flexibility of lines within material specifications.
The timetable for these public utility changes would he prior to the end of the paving season of
2015, approximately September. There are no changes to other public improvements known at
this date that require new work. Should any be identified in the review process, they would be
completed by the end of the summer 2016 at the latest.
The HOA dots have added an allowable encroachment and repair statement so that future
maintenance can be accomplished as long as ground is restored to similar conditions.
No changes to the streets are proposed or planned.
Orientation of the homes is unchanged from sketch plan submittals and is primarily radial to the
street, similar to all other homes in the neighborhood. Some homes will have side load garages
which will allow for greater variation of elevation looks and allow for larger garage storage areas.
dscape TreaMentj
Landscaping will be meeting or exceeding the required ordinance minimums and in substantial
similarity to the treatment for the homes on Goodrich Drive in the 2nd Addition. See attached
photos for similarity intended.
Homeowners documents
Prepared by Leonard O'Brian Spencer, Gale & Sayre, Ltd. The documents comply with MCIOA and
allow for a three - tiered dues system. The lowest is for the detached townhomes on a public street,
then slightly higher for those in Block 7 on the private street, and the highest for the attached
homes due to differing reserves requirements.
Irrigation, snow plowing, sidewalk maintenance, lawn maintenance, management and insurance
for common elements is provided with the association for a common look.
Legal steps are outlined by separate correspondence to the City attorney for potential detachment
or incorporation into the three tiered payment system.
Should any item be in need of clarification it is believed that the clarification would be as part of
plan review and not as part of an incomplete submittal. We look forward to being able to proceed
to allow for your approvals and to be in a position to construct new homes in this phase starting in
the spring of 2015.
On behalf of SP3, Paxmar, and Fedder Homes and we look forward to your approval of this
housekeeping amendment to the 2012 approvals. 1 am available for questions and will be
attending all required meetings.
Donald Jensen
D12DMJ Planning
Dltih2@msn.coni
612- 801 -5834
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Interpretation /Assumptions:
— typicd shrub & deciduous flowering plants are
graphically shown at mature size
— d6voway excluded from front yard area calculation
END LOAD TYPE UNIT
28 SHRUBS AND FLOWERING PLANTS
IN THE FRONT YARD
Modlfloation to
Code Section 4,1(Jx2xaxil):
1 shruMflower per 20 of
with maximum count of 30 plants:
25 x (38 -16) - 550 of
550 of x 1 shruMflower per 20 of
- 28 shrubs required
SIDE LOAD TYPE UNIT
30 SHRUBS AND FLOWERING PLANTS
IN THE FRONT YARD
Modifloation to
Code Section 4.1(J)(2)(ax0)r
1 shrub& lower per 20 of
with maximum count of 30 plants:
25 x 60 - 1500 of
1500 of x 1 shrubdflower per 20 of
- 75 shrubs per calculation; default
to maximum 30 shrubs required
Hickory 11
2 Car Garage options
Interpretation /Assumptions:
— typical shrub alt deciduous flowering plants are
graphically shown at mature size
— drtweway excluded from front yard area calculation
— No lees than 80lf: of square footaga
Interpreted to mean this is the minimum coverage
of the front yard area; graphic layaut shows coverage
of 95%+ of front yard area; 60% factor is not applied
to the area calculation
END LOAD TYPE UNIT
55 SHRUBS AND FLOWERING PLANTS
IN THE FRONT YARD
Code Section 4,1(Jx2xax11):
25 x (38 -16) - 550 of
550 of x 2 shrub&flower per 20 of
— 55 shrubs
SIDE LOAD TYPE UNIT
150 SHRUBS AND FLOWERING PLANTS
IN THE FRONT YARD
Code Section 4,1(Jx2)(axfl):
25 x 80 — 1500 of
1500 of x 2 shrubdrflower per 20 of
- 150 shrubs
Hickory 11
2 Car Garage Options
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NR #
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Sunset Ponds
Third Addition
Re- Development Project
Monticello, MN
DRAINAGE PIPE SIZE ANALYSIS
Prepared for:
Sunset Ponds, LLC
Owners Agent: Mr. Donald Jensen
5160 Viking Boulevard
Anoka, MN 55303
Phone: (612) 801 -5834
djtjh2@msn.com
Prepared by:
Civil Engineering Site Design
Attn: Scott Dahlke
PO Box 566
118 East Broadway Street
Monticello, MN 55362
Phone: (763) 314 -0929
sdahlke a civilesd.com
December 22, 2014
CESD Project 4 00498
TABLE OF CONTENTS
Narrative
- Proposed Project
- Site Location
- Requirements
- Summary
- Certification
Pipe Size Calculation Tabulation (Rational Method)
- 10 yr Rainfall Event
Pipe Size Drainage Areas
- Drawing PSI
Inlet Grate Capacity
- Neenah R -4342 Inlet Grate Capacity Calculation
Sunset Ponds Third Addition, Monticello, MN
Drainage Pipe Size Analysis Page 2
NARRATIVE
PROPOSED PROJECT:
The project proposes re- development of an existing multi - family residential development with
existing street, drainage, and utility improvements. The project proposed re- development with
detached townhome style residential units. The majority of existing street and utility
improvements are to remain in place with no changes. Minor changes /additions to site grading
and storm sewer will provide improvements as required by the City of Monticello.
The project has been previously designed and constructed with regional type storm water
management improvements and storm sewer networks. All previously previous design and
constructed improvements are understood to meet requirements of the City of Monticello.
SITE LOCATION:
The site is located on the west side of Haug Avenue, south of the existing intersection of 93rd
Street and north of the intersection of 91St Street in the City of Monticello, MN.
The project is in the SE '/4 of SE '/4, Section 18, Township 121, Range 24, Wright County, MN.
Access to the site can be achieved from 93rd Street and Golden Pond Lane via Haug Avenue on
the east side of the site.
REQUIREMENTS:
Stormwater management design for the project is subject to review by the City of Monticello.
Pipe size analysis for on -site storm drainage is required. According to the City of Monticello
regulations, the goal for the pipe size design is to control storm water runoff for the 10 -year
storm event.
SUMMARY:
The attached pipe size calculation tabulations propose to satisfy the City of Monticello
requirements.
CERTIFICATION:
I hereby certify that this report was prepared by me or under my direct supervision and that I am
a duly Licensed Professional Engineer under the laws of the State of Minnesota.
12/22/2014
Scott Dahlke, P.E. Date
Reg. No. 24348
Sunset Ponds Third Addition, Monticello, MN
Drainage Pipe Size Analysis Page 3
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;I
Associafes, Inc.' Infrastructure ■ Engineering ■ Planning ■ Construction
January 28, 2015
Ms. Angela Schumann
Community Development Director
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Re: Sunset Ponds 3rd Addition — Plan Review
City Project No, ZSPCUP
WSB Project No. 1494 -980
Dear Ms. Schumann:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 541 -4800
Fax: 763 541 -1700
We have reviewed the civil plans dated December 19, 2014, as prepared by Civil Engineering
Site Design, and offer the following comments.
Grading and Drainage Plan
1. Note low floor and the lowest opening elevations for each building.
2. Identify the emergency overflow routes on the plans with arrows. The emergency
overflow should be 1.0 foot below the low building opening plus 0.5 foot for depth of
flow. The applicant shall verify this requirement with all lots. Drainage and utility
easements should encompass this area on each lot.
The high and low point elevations along the adjacent streets should be shown on the
plans.
4. Please describe how the drainage issues (i.e. standing water, flat areas) along the rear
yard areas of the existing townhomes were addressed. It appears that additional storm
sewer, catch basins and an established 2% grade swale has been provided along the rear
yard areas to address these concerns
5. The 100 HWL elevations need to be verified with the original hydraulic model completed
for the original development. I am scheduled to meet with the applicant's engineer on
February 12 to review this item. It will then be determined if the lowest buiding opening
elevations provide adequate freeboard.
6. The locations of the rear yard catch basins ideally should be located at the property
corner within the perimeter drainage and utility easement. The proposed rear yard
drainage swales elevations and grades should be evaluated to accommodate this.
7. The proposed contours should be shown.
C: IUsersU hnlDocumentsWhiban LTR�schum - SouetPond 3rd012815.doc
Ms. Angela Schumann
January 28, 2015
Page 2
8. The storm sewer pipe and structure casting and invert elevations should be shown on the
grading plan.
9. The development agreement should address when the utility disconnections, storm sewer
construction, rear yard swale grading and associated restoration will take place in relation
to building permit approval. Ideally these items should be completed first prior to
building permit issuance for lots that contain these improvements.
10. Conservation easements need to be identified with conservation posts installed per City
requirements.
Utilitv Plan
11. More detail should be provided to describe the water service disconnections and
associated removals.
12. The applicant should demonstrate how all utility services, public and private (i.e. gas,
phone, electric), will serve each home given the limited space between each proposed
home. This may be an issue if the utilities will extend along the side yard. Adequate
space should be provided to repair these services if there ever is a need.
13. Storm sewer should be a minimum 15" in diameter per City standards. The applicant is
proposing 12 -inch diameter shallow -depth storm sewer which tends to plug and freeze.
14. The existing and proposed water service depths shall be measured in the field to ensure a
minimum 7.5 feet of cover. Insulation should be installed if the existing services do not
have a minimum 7.5 feet of cover.
15. Sanitary sewer service cleanouts shall be installed with a maximum 70 -foot spacing for
the entire service line length.
16. The existing contours and spot elevations do not need to be shown on the utility plan.
17. The proposed property line should be shown with a bold line type to verify that the
services are completely contained within the lot it serves.
18. A utility excavation permit must be obtained from the Public Works department prior to
commencement of utility connections.
19. Provide an as -built utility plan once construction is complete.
C: IUsersU hnlDocumentsWhiban LTR�schum -S etPond 3rd012815.doc
Ms. Angela Schumann
January 28, 2015
Page 3
Other items
20. Applicable City standard detail plates should be included.
Please have the applicant provide a written response addressing the comments above. Final PUD
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.
Shibani K. Bisson, PE
City Engineer
cc: Steve Grittman, NAC
Scott Dahlke, Civil Engineering Site Design
skb
C: IUsersU hnlDocumentsWhiban LTR�schum - SouetPond 3rd012815.doc
LEONARD, O'BRIEN
ErimF. Leonard
SPENCER GALE & SAYRE
Andrea M. Hausera
Eldon J. Spenmr, Jr.+
Jordan W. Sayre
Michael R. O'Bricnt —
Patrick J. Lindmark
Edward W. Gale +t
Michael T. Joliat
Grover C. Sayre, 1160+
Christopher L. George
Thomas W. Newcome III*
Attorneys at Law
Thomas W. Newcome
Thomas R. Haugrud*
A Professional Association
(1923 -20)1)
Peter M. Rosene£
Michelle McQuarrie Colton
o Also admitted in Arizona
Joseph J. Deuhs, Jr.
100 South Fifth Street
m Also admitted to California
Thomas C. Atmore+*
Suite 2SOD
o Also admitted in Illinois
Ernest F. Peake .;=
Minneapolis, Minnesota 55402 -1234
p
a Also admitted in lows
dm
¢Also admitted in Montana
Matthew R. Surton0
Telephone (612) 332 -1030
� Also adrimucd in North Dakota
James M. Jorisseti+
Fax (612) 332 -2740
+ Also admitted in L7ryriactmsin
Peter J. S*vie, 111-
4 board Certified Civil Trial Syeewisl
Jerutifer K. Eggers §+
(Mlnaaft Seale BarA%wdaliorrr)
Scott S. Payzanteo
t Board CortiFed Civil Trial specialist
Stacey L. Drentlaw¢f
Internet: www.loszy com
(National
+ erttfed heal Property Law Specialist
(Wrurasola Stale BarAssocfalionn)
December 1, 2014
£ Fellow, American Colloee of Employee
BencfiIcoansel
; Qualified. Neutral (Rule 1 14)
Joel J. Jamnik
Campbell Knutson, P.A.
1380 Corporate Center Curve
Eagan, MN 55121
Re: Sunset Ponds Replat
Dear .Joel:
VU EWALL damnikna,ck-lau.com
AND FIRST -CLASS MAIL
This letter details the three -step process necessary to re-plat Sunset Ponds 2 "d Addition into
Sunset Ponds 3'd Addition, ultimately allowing for the construction of detached townhomes.
First, Sunset Ponds, LLC, pursuant to its declarant's rights, will add the units/lots it owns to the
CIC by executing a supplemental declaration. Second, the homeowners' association will amend
the declaration currently in place on Sunset Ponds Second Addition allowing for both the unit
and common area boundaries to be changed. Third, a supplemental plat will be filed reflecting
the changed lot and common area boundaries.
Currently, a portion of Sunset Ponds 2nd Addition is subject to Common Interest Community No.
113 (the "CIC'') and its attendant homeowners' association, Sunset Ponds III Homeowner's
Association (the "Association "). At present, the following. lots have been added to the CIC via
the Declaration filed as Document No. A1015714 ("Declaration ") and First Supplemental
Declaration filed as Document No. Al 175906 ( "First Supplemental "): Lots 42 through 50, Block
5 (each owned by individual homeowners); and Lot 5, Block 4; Lot 24, Block 5; Lot 51, Block 5;
Lot 4, Block 6,, and Lot 9, Block 7 (all designated as common elements).
Sunset Ponds, LLC ( "Sunset Ponds ") owns all of the remaining 60 lots designated as "additional
real estate" in both the Declaration and First Supplemental: Lots 1 through 4, Block 4; Lots 1
through 23, Block 5; Lots 2541, Block 5; Lots 1 through 8, Block 6; and Lots 1 through 7,
Block 7 (collectively referred to as "Additional Real Estate "). Sunset Ponds also acquired special
declarant rights from Central Bank in 2011 pursuant to Transfer of Special Declarant Rights filed
as Document No. A1175906.
Iwstsasa.t I
Joel J. Jamnik
December 1, 2014
Page 2
Step _One: Add the Additional Real Estate to the CIC.
Sunset Ponds, as the holder of special declarant rights, can unilaterally add the Additional Real
Estate to the CIC pursuant to Sections 15 and 16 of the Declaration. Adding the Additional Real
Estate, as opposed to simply creating a separate association, is preferable for two reasons: (1)
Sunset fonds needs the common elements already subject to the CIC in order to replat; and (2)
acquiring the common elements would require severing said common elements from the
Association, which would in turn require consent of 75% of the owners and their secured parties.
Step Two: Amend the Declaration.
Pursuant to Section 18 of the Declaration, amending the Declaration requires the consent of at
least 67% of the owners of units in the Association. Furthermore, Section 7 provides that no unit
or any part of the common elements may be subdivided or partitioned without the prior written
approval of at least 75% of the owners and 75% of any secured parties holding first mortgages
on the units of the approving owners.
By adding the Additional Real Estate to the CIC, Sunset Ponds can unilaterally meet this
requirement, as it will own 81% of the units in the Association'. No consent of any additional
owners or secured parties will be necessary. This is a desirable result, as it completely removes
any uncertainty as to whether the required percentage will be reached.
Once the Additional Real Estate has been added, Sunset Ponds can then unilaterally amend the
declaration to achieve the following: (1) relocate the unit boundary lines to conform with the
proposed plat of Sunset Ponds 3rd Addition; (2) fold the existing common elements (except Lot
51, Block 5) into the Sunset Ponds 3rd Addition lots; (3) relocate the boundary lines of Lot 51,
Block 5 so that the existing owners are still provided with legal access, while the remaining
portion of Lot 51 not needed for access will be folded into the Sunset Ponds 3r6 Addition lots; (4)
amend the maintenance requirements to account for lawn maintenance and snow removal for the
Sunset Ponds 3rd Addition lots; and (5) amend the architectural control requirements for the
Sunset Ponds 3rd Addition to allow for the construction of detached townhomes.
Step Three: File the Supplemental CIC Plat.
This step will happen contemporaneously with Step Two and requires a supplemental plat be
filed reflecting the changes in the boundaries to both the unit lots and the common elements. The
platting process must comply with the requirements set forth in Minn. Stat. §§ 515B.2 -110 or
505.021. You are familiar with the process; however, if you prefer, I can detail the steps in a
separate letter.
If you would like to discuss this matter further, feel free to contact me at 612- 455 -5061 or at my
email address below.
1 Once the Additional Real Estate is added, Sunset Ponds will own 60 of the 74 lots in the CIC.
(W21MAI )
Joel J. Jamnik
December 1, 2014
Page 3
Very truly yours,
LEONARD, O'BRIEN
SPENCER, GALE & SAYRE, LTD.
By
Christop urge
Email: c eor a los . com
CI.G /vkr
cc: Alan Roessler
Don Jensen
(0009258A )
[The above -space is reserved for recording inforiiiatignl
FIRST AMENDMENT TO DECLARATION `
OF
SUNSET PONDS HOMEOWNERS' ASSOCIATION
A PLANNED COMMUNITY
COMMON INTEREST COMMUNITY NO. 113
THIS FIRST AMENDMENT TO THE DECLARATION OF SUNSET PONDS III
HOMEOWNERS' ASSOCIATION COMMQN INTEREST COMMUNITY NO. 113 (this
"Amendment ") is made this day of 20 by the Sunset Ponds III
Homeowners' Association, a Minnesota non - profit;: corporation, and approved by the required
number of Owners of Units as. set forth in the`Affidavit attached hereto, pursuant to the
applicable provisions of the Minnesota Common Interest Ownership Act, Chapter 515B and the
Declaration (as hereinafter defined);,
,
WHEREAS, Declarant M.4W..Jol nson Construction, Inc., a Minnesota corporation, did mare
and file a Declaration of Common Interest Community No. 113, a Planned Community, Sunset
Ponds III Homeowners' ,Association (the "Declaration ") on March 10, 2006, which was recorded
in the Office of the Courity;Recorderi Wright County, Minnesota on June 30, 2006 as Document
No. A1015714;
WHEREAS, Successor Declarant Central Bank, a Minnesota banking corporation did make and
file a First Supplemental Declaration of the Declaration on April 20, 2011, which was recorded
in the Office of the County Recorder, Wright County, Minnesota on May 2, 2011 as Document
No. A 1175028;
WHEREAS, Second Successor Declarant Sunset Ponds, LLC, a Minnesota limited liability
company, did make and file a Second Supplemental Declaration of the Declaration on
, 20 , which was recorded in the Office of the County Recorder, Wright County,
Minnesota, on _,20 as Document No. ; and
WHEREAS, At a meeting of the Sunset Ponds Homeowners' Association held on the _ day
of , 20___, the Owners of Units to which are allocated at least seventy -five
percent (75 1/o) of the total votes in the Association voting in person or by proxy approved the
(00221123,1 1
following First Amendment to Declaration of Common Interest Community No. 113, a Planned
Community, Sunset Ponds Homeowners' Association.
NOW, THEREFORE, the Declaration is hereby modified and amended as follows:
1. Defined Terms. All terms used in this Amendment with initial capital letters and
not otherwise defined herein shall have the meanings given to such terms in the
Declaration.
2. Subdivision of Units. A First Amended CIC .Plat of Common Interest
Community No. 113, a Planned Community, Sunset Ponds III Homeowners'
Association, is being filed to subdivide Lots 1 t rougbA, Block 4; Lots i through
23, Block 5; Lots 25 through 41, Block 5; Lots 1 through 8, Block 6; .Lots I
through 8, Block 7; Lot 5, Block 4; Lot 24 .,Block 5; that part. of Lot 51, Block 5;
Lot 9, BIock 6; and Lot 9, Block 7, all iz'Sunset Ponds Second Addition, Wright
County, Minnesota, into Lots 1 through 48, Block 1, Sunset Ponds Third
Addition, Wright County, Minnesota, ( "the Sunset Ponds Third Addition
Property"), as shown on the amended Plat attached to this Amendment as Exhibit
A.
3. Maintenance. Sunset Ponds III Homeowners' Association shall be responsible
for lawn maintenance and snow, removal pertaini iig to the Sunset Ponds Third
Addition Property. The costs of lawn maintenance and snow removal shall be
shared between the Units on a pro,„ rata basi s: =A master irrigation system for the
Sunset Ponds Third Addition Property shall not be required.
4. Lot Specific Requirements.
a. Lots 42 through 50, Block 5, Sunset Ponds Second Addition shall share on
a pro ata , basis (based on nine units) the costs associated with the
following expenses: (i) exterior maintenance; (ii) lawn maintenance; (iii)
snow removal; (iv) trash removal; (v) insurance premiums; and (vi)
common elements maintenance.
b. Lots 1: through 48, Block 1, Sunset Ponds Third Addition shall share on a
pro rata basis (based on forty -eight units) the costs for the following
expenses: (i) lawn maintenance; and (ii) snow removal.
c. Lots 45 through 48, Block 1, Sunset Ponds Third Addition shall share on a
pro, rata basis (based on four lots) the costs associated with the following
expenses: (i) common elements (the private roadway) maintenance.
5. Modifications. The following sections of the Declaration are hereby modified
and/or clarified as follows:
a. Section 2.3 is hereby clarified to provide that the Sunset Ponds Third
Addition Property shall not be subject to said section.
b. Section 3.2 is hereby clarified to provide that the Sunset Ponds Third
Addition Property shall not be subject to said section.
100227723.1 1
c. Section 4.3 is hereby clarified to provide that the Sunset Ponds Third
Addition Property shall not be subject to said section.
d. Sections 9.1 through 9.5 are hereby clarified to provide that the Sunset
Ponds Third Addition Property shall not be subject to said sections.
e. Sections 11.1 through 11.12 are hereby clarified to provide that the Sunset
Ponds Third Addition Property shall not be subject to said sections.
£ Sections 13.1 and 13.2 are hereby clarified to provide that the Sunset
Ponds Third Addition Property shall not be subject to said sections.
g. Section 16.5 is hereby clarified to allow for the.. construction of detached
townhomes on the Sunset Ponds Third Addition Property of a similar
architectural style, quality of construction, and principle materials
employed in construction as the existing..Dwellings, Structures and Units
in the Sunset Ponds III Homeowners' Association.
h. Section 17 (c) is hereby clarified to allow for the subdivision or conversion
of a Unit into two or more Units, Common Elements, or Limited Common
Elements, provided that the prior written approval of at least 75% of the
Owners and at least 75% of an' ysecured parties holding first mortgages on
the Units of the approving Owners. is obtained.
IN WITNESS WHEREOF, the undersigned has executed thi' instr►ament the day and year first
set forth above.
SUNSET PONDS III HOMEOWNERS' ASSOCIATION
�A Minnesota Non- Profit Corporation)
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing was acknowledged before me this day of ,
20____, by , the of Sunset
Ponds III Homeowners' Association, a Minnesota non - profit corporation, on behalf of said
corporation.
Notary Public
This Instrument drafted by:
Christopher L. George
Leonard, O'Brien, Spencer, Gale & Sayre, Ltd.
140 South Fifth Street, Suite 2500
Minneapolis, Minnesota 55402
{00223123.11
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Planning Commission Agenda - 02/03/15
7. Public Hearing - Consideration of a request for Amendment to the Monticello
Zoning Ordinance, Chapter 2, Section 3 — Common Review Procedures and
Requirements, Chapter 2, Section 4 — Specific Review Procedures and
Requirements, Chapter 5, Section 3 — Accessory Use Table, and Chapter 8, Section 4
— Definitions. Applicant: City of Monticello. (NAC)
Property: NA
Planning Case Number: 2015 -003
A. REFERENCE & BACKGROUND:
Request(s): Various Zoning Ordinance "housekeeping amendments"
related to the following:
• Common Review Procedures and Requirements -
Chapter 2, Section 3
• Specific Review Procedures and Requirements -
Chapter 2, Section 4
• Accessory Use Table - Chapter 5, Section 3.0
• Additional Specific Standards for Certain
Accessory Uses - Chapter 5, Section 3.1)
• Definitions - Chapter 8, Section 4
Project Description: Within the context of the Zoning Ordinance, the City of
Monticello wishes to address various "housekeeping" items
which have identified over the past several months.
Considering the various amendments are not policy - related,
they have been grouped together as a single action item.
ORDINANCE AMENDMENT SUMMARY
The following is a summary of the various Zoning Ordinance amendments under
consideration:
Common Review Procedures and Requirements - Chapter 2, Section 3.
Presently, written notification requirements for comprehensive plan amendments
stipulate that all property owners within 350 feet of a subject property must be provided
Planning Commission Agenda - 02/03/15
written notice. State law does not require written notification to individual property
owners for Comprehensive Plan amendments. Recognizing however, that written
notification to individual property owners may, in some cases be appropriate, the draft
amendment provides for the notification when the land involved in the amendment is 5
acres or less. This threshold has been chosen since it is the same threshold identified in
the Statutes for notification of rezoning requests.
For amendments which involve five acres of land or less, written notice shall
be provided to all property owners within 350 feet.
2. For amendments which involve more than five acres of land, notice need only
be published within the City's official newspaper.
Specific Review Procedures and Requirements - Chapter 2, Section 4.
This particular amendment relates to the City's appeal procedures for administrative
decisions. Presently, the Ordinances states that decisions of the Board of Adjustment and
Appeals are final unless "the appellant' ' files a second written appeal within five working
days of the decision. The issue this raises is related to the identity of a potential
appellant. The current language appears to suggest that only the party filing the original
appeal to the Board of Adjustments and Appeals (Planning Commission) would be
eligible to file a second appeal to the City Council. The amendment is reworded to
broaden the second appeal to any affected party, which is the language used to identify
eligibility for the first appeal.
The amendment also adds a stipulation that the City will place second written appeals on
the next available agenda of the City Council but only if such Council meeting takes
place at least seven (7) days after the filing of the appeal. The purpose of this
requirement is to ensure that the City Staff will have adequate time to review the appeal
and report to Council prior to the City Council meeting.
Initiation of Proceedings for Zoning Amendments — Chapter 2, Section 4(B)
This amendment rewords the language for applying for a zoning amendment, which
currently uses the phrase "Recommendation of when the Planning Commission or
Community Development Department seek to pursue a potential change to the zoning
ordinance. The new language clarifies the actions of the Commission and Staff in
initiating the amendment process and provides consistency between initiation by
Planning Commission and City Council.
Accessory Use Table - Chapter 5, Section 3(C)
Open Sales. The accessory use table in this Section presently lists "open sales" as a
permitted accessory use in all residential districts, some business districts and in all
industrial zoning districts. "Open sales" is also listed as a conditional use in some
Planning Commission Agenda - 02/03/15
business districts. In actual practice within the City, while some degree of outdoor sales
activity is permitted within residential districts, such activities are allowed only on a
temporary basis (unlike open sales activities in business and industrial districts).
With the preceding in mind, the amendment directs the following:
Provides that the Community Development Department can review accessory
uses that are not specifically listed in the code and determine their acceptability
based on similar identified uses. If no similar use is found, an applicant would
need to request an amendment to the code. The amendment deletes the series of
requirements that are currently listed for temporary sales of motor vehicles in a
residential zone, presuming that legally parked vehicles on driveways are not a
sales lot, and are otherwise allowed.
2. Specifies that outdoor sales in residential districts is not allowed.
Outdoor Sidewalk Sales and Display. Outdoor sidewalk sales and display is presently a
permitted accessory activity in the City's business and industrial zoning districts subject
to certain conditions. The conditions, however, do not limit the area devoted to outdoor
sales activity. The amendment would limit the area of a site devoted to sidewalk sales
and display to no greater than 5 percent of the gross floor area of the principal use.
The following is a listing of the current conditions imposed upon sidewalk sales as well
as the additional condition which would regulate the scale of such activity:
Outdoor sidewalk sales and display areas associated with legally permitted retail uses
shall:
(a) Not encroach into areas necessary for the safe ingress and egress into the retail
structure.
(b) Maintain a minimum pedestrian walkway of at least five feet in width along the
front of the display.
(c) Take place only on an improved dustless surface.
The area of the site devoted to sidewalk sales and display shall not exceed five
(5) percent of the gross floor area of the principal use. Sidewalk sales and
display which exceed five (5) percent of the gross floor area of the principal use
may be allowed by conditional use permit.
Planning Commission Agenda - 02/03/15
Outdoor Storage. The Zoning Ordinance presently lists outdoor storage as a permitted
accessory activity in residential zoning districts, some business districts and some
industrial districts. Staff notes that outdoor materials in the Business Districts are
included and controlled by the sales and display requirements of the existing code and
this amendment. As a result, this amendment deletes "Outdoor Storage" from the
Business Districts, relying the Outdoor Sales and Display and Sidewalk Sales language to
manage this use. Considering that the nature of outdoor storage allowed within
residential districts is significantly different than that allowed within industrial districts,
the draft amendment also directs that the following be specifically listed on the accessory
uses table (Table 5 -4):
• Under "Additional Requirements"
5.3(1)((24)(a)"
• Under Additional Requirements ":
5.3(1))(24)(b)"
Definitions - Chapter 8, Section 4.
"Residential Districts subject to Section
"Industrial Districts subject to Sections
Additional text is proposed to better define and limit the affected uses. Some are altered
to better define what is being addressed, and changes to "Parking" have been proposed to
better incorporate the City's ordinance related to allowable parking of small commercial,
recreational and emergency vehicles as noted in Chapter 4.5 — Off - Street Parking. The
changes are intended to eliminate conflict within areas of the code and provide for clarity
between each classification of use as follows:
OPEN SALES: Any open land used or occupied for the purpose of buying,
selling, and /or renting merchandise and for the storing of same prior to sale. This
use includes all outdoor sales and display of ,-oods and/or materials that are not
specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -
Street Vehicle Parkinz
OUTDOOR STORAGE: The keeping, in an un- roofed area, of any goods, j
material, merchandise, or vehicles in the same place for more than twenty -four
(24) hours. This shall not include the display of vehicles for sale in a new or used
car sales lot. coelh Haet vibes may be the pr-4ioipal ,se, ,.r01,o i-Ara A
aeeessefy use to aflether- pr-iffeipal
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.
Planning Commission Agenda - 02/03/15
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PARKING — OFF - STREET: The act of keeping a passenger vehicle as defined
herein and /or small commercial vehicles, recreational vehicles and ememency
vehicles as defined herein, on an approved parking space, properly surfaced, for a
temp ,,.a+y „°ri ^a of time period of less than twenty four (24) hours.
B. ALTERNATIVE ACTIONS:
1. Motion to approve Resolution PC- 2015 -004 recommending approval of the
Zoning Ordinance Amendment addressing various housekeeping issues as
specifically identified in this report, based on findings in said resolution.
2. Motion to deny Resolution PC- 2015 -004 recommending approval of the Zoning
Ordinance Amendment addressing various housekeeping issues as specifically
identified in this report, based on findings to be made by the Planning
Commission.
3. Motion to table action on the requested Zoning Ordinance Amendment, pending
text modifications as suggested by the Planning Commission.
C. STAFF RECOMMENDATION:
Initiated by the City Community Development Department, the amendment under
consideration is intended to address a number of items which have been identified over
the past several months. The amendments under consideration are not considered to be
major policy issues by City Staff Instead, they are intended as clarifying amendments to
better direct future applications and code - related interpretations.
Staff recommends approval of the Zoning Ordinance Amendment based on findings in
said resolution.
D. SUPPORTING DATA:
A. Resolution PC- 2015 -004
B. Draft Ordinance 9611
C. Monticello Zoning Ordinance, Excerpts
CITY OF MONTICELLO
PLANNING COMMISSION
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. PC- 2015 -004
Motion By:
Seconded By:
A RESOLUTION OF THE MONTICELLO PLANNING COMMISSION
RECOMMENDING AMENDMENTS TO THE ZONING ORDINANCE
WHEREAS, the Zoning Ordinance serves as the primary implementation tool of the City's
Comprehensive Plan goals and objectives; and
WHEREAS, various portions of the Zoning Ordinance have been identified as benefitting
from amendment to increase clarity and usefulness; and
WHEREAS, the Planning Commission held a public hearing on 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. The proposed amendments improve the ability of the Planning Commission and City
Council to direct land use and land use policy in the City.
2. The proposed amendments are consistent with the language and intent of the
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota, that the Commission recommends that the City Council adopts the
proposed amendments as presented and approved.
ADOPTED this 3rd day of February, 2015 by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
IRM
ATTEST:
Brad Fyle, Chair
Angela Schumann, Community Development Director
2
ORDINANCE NO. 611
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE,
KNOWN AS THE ZONING ORDINANCE, ADDRESSING THE FOLLOWING:
• COMMON REVIEW PROCEDURES AND REQUIREMENTS (CHAPTER 2,
SECTION 3.I)
• SPECIFIC REVIEW PROCEDURES AND REQUIREMENTS (CHAPTER 2,
SECTION 4.G)
• ACCESSORY USE TABLE (CHAPTER 5, SECTION 3.C)
• ADDITIONAL SPECIFIC STANDARDS FOR CERTAIN ACCESSORY USES
(CHAPTER 5, SECTION 3.C)
• DEFINITIONS (CHAPTER 8, SECTION 4)
IT IS HEREBY ORDAINED by the City Council of the City of Monticello, Minnesota:
Section 1. Chapter 2, Section 3.(I) - Common Review Procedures and Requirements —
Public Notification, Table 2 -2 - Written Notification Requirements, is hereby
amended to read as follows:
Comprehensive Plan Amendment; Written Notice Provided to:
1. For amendments which involve five acres of land or less, written notice
shall be provided to all property owners within 350 feet.
2. For amendments which involve more than five acres of land, notice need
only be published within the City's official newspaper.
Section 2. Chapter 2, Section 4(B)(2) is hereby amended to read as follows:
(2) Initiation of Proceedings
Proceedings for the amendment of the text of this ordinance or the zoning map
shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an owner pursuant to
Section 2.3(B), Authority to File Applications;
(b) Action of the Planning Commission; or
(c) Application by of the Community Development
Department; or
(d) Action of the City Council.
ORDINANCE NO. 611
Section 3. The following provisions of Title 10, Chapter 2, Section 4(G)(3)(b)(iv) - Specific
Review Procedures and Requirements — Appeal of Administrative Decisions is
hereby amended to read as follows:
(b)(iv) Decisions of the Board of Adjustment and Appeals are final unless tl+e
appellaH an affected party files a second written appeal outlining the basis for the
appeal within five (5) business days of the decision.
Section 4. Chapter 2, Section 4(G)(3)(c)(i) - Specific Review Procedures and Requirements
is hereby amended to read as follows:
(c) Review by the City Council
(i) Upon receiving a second written appeal of the decision rendered by
the Board of Adjustment and Appeals, the Community
Development Department shall place the matter on the next
available agenda of the City Council scheduled at least seven (7)
days after the date of the appeal.
Section 5. Chapter 5, Section 3(C)(2), Table of Permitted Accessory Uses, is hereby
amended to read as follows:
(a) Unlisted Uses. If a property proposes an accessory use of residential
Property that is not listed in Table 5 -1, the Community Development
Department is authorized to consider the acceptability of said use as
customary and incidental, and similar to other listed accessory uses. 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
2
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(a) Unlisted Uses. If a property proposes an accessory use of residential
Property that is not listed in Table 5 -1, the Community Development
Department is authorized to consider the acceptability of said use as
customary and incidental, and similar to other listed accessory uses. 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
2
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NORTH
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(a) Unlisted Uses. If a property proposes an accessory use of residential
Property that is not listed in Table 5 -1, the Community Development
Department is authorized to consider the acceptability of said use as
customary and incidental, and similar to other listed accessory uses. 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
2
ORDINANCE NO. 611
be initiated to clarify if. where, and how said proposed use could be
Pstahlished
Section 6. Chapter 5, Section 3, Table 5 -4 - Accessory Uses by District is hereby amended to
include the following changes:
Delete "Open Sales" as an allowable accessory use in all residential zoning
districts.
2. Delete "Outdoor Storage" as an allowable accessory use in all business
districts.
3. Modify the table for "Outdoor Storage" category to list the following
subcategories under "Additional Requirements ":
• Residential Districts subject to Section 5(3)(D)(24)(a)
• Industrial Districts subject to Section 5(3)(D)(24)(b)
Section 7. Chapter 5, Section 3(D)(21)(a) - Additional Specific Standards for Certain
Accessory Uses, is hereby amended to read as follows:
Section 8. Chapter 5, Section 4.1), Table 5 -6 - Allowed Temporary Uses and Structures, is
hereby amended to add "Limited Vehicle and Equipment Sales" as a permitted
temporary sales activity, subject to the requirements of Section 5A.E.13.
ORDINANCE NO. 611
Section 9. Chapter 5, Section 3.D.23 (Additional Specific Standards for Certain Accessory
Uses - Outdoor Sidewalk Sales and Display) is hereby amended to read as
follows:
(23) Outdoor Sidewalk Sales and Display
Outdoor sidewalk sales and display areas associated with legally permitted retail
uses shall:
(a) Not encroach into areas necessary for the safe ingress and egress into the retail
structure.
(b) Maintain a minimum pedestrian walkway of at least five feet in width along
the front of the display.
(c) Take place only on an improved dustless surface.
May not take up required parking
(e) The area of the site devoted to sidewalk sales and display under this section
shall not exceed five (5) percent of the -ross floor area of the principal use.
Sidewalk sales and display which exceed five (5) percent of the gross floor
area of the principal use may be allowed by conditional use permit.
Section 10. Chapter 8, Section 4 (Definitions) is hereby amended to include the following
terms as defined, or redefined:
OPEN SALES: Any open land used or occupied for the purpose of buying,
selling, and /or renting merchandise and for the storing of same prior to sale. This
use includes all outdoor sales and disnlav of Qoods and/or materials that are not
specifically addressed as Outdoor Storage. Sidewalk Sales & Display. or Off-
Street Vehicle Parkin
OUTDOOR STORAGE: The keeping, in an un- roofed area, of any goods, l-,
material, merchandise, or vehicles in the same place for more than twenty -four
(24) hours. This shall not include the display of vehicles for sale in a new or used
car sales lot. Stie , .,e fivities ,,, be the pr-ineipal use of the lard o
aeeesser-y use to another- P14fleipal
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.
11
ORDINANCE NO. 611
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PARKING — OFF - STREET: The act of keeping a passenger vehicle as defined
herein and /or small commercial vehicles, recreational vehicles and emer -ency
vehicles as defined herein, on an approved parking space, properly surfaced, for a
tefnp ,fai-7 y pefied of time period of less than twenty four (24) hours.
Section 10. 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 11. 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.
Clint Herbst, Mayor
ATTEST:
Jeff O'Neill, Administrator
AYES:
NAYS:
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (1) Public Notification
(3) Responsibilities
(a) Published notice
When the provisions of this ordinance require that notice be published, the
Community Development Department shall be responsible for preparing the
content of the notice and publishing the notice in the City's official
newspaper. The content and form of the published notice shall be consistent
with the requirements of Section 2.3(I)(1) and state law.
(b) Written (mailed) notice.
When the provisions of this ordinance require that written or mailed notice be
provided, the Community Development Department shall be responsible for
preparing and mailing the written notice per the requirements outlined in
Table 2 -2.
TABLE 2-2: WRITTEN NOTIFICATION
Application
Comprehensive Plan Amendment
Zoning Map Amendment
REQUIREMENTS
All property owners within 350 feet
All property owners within 350 feet
Variance
All property owners within 350 feet
Conditional Use Permit
All property owners within 350 feet
Interim Use Permit (new and renewal)
All property owners within 350 feet
CUP /IUP Revocation
Permittee /Landowner Only
Planned Unit Developments
All property owners within 500 feet
(4) Notice Construction
(a) The Community Development Department may use property tax records to
determine the names and addresses of affected property owners. A copy of
the notice and a list of the owners and addresses to which the notice was sent
must be attested to by the Community Development Department and must be
made a part of the records of the proceedings.
(b) Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a good faith attempt has been made to
comply with applicable notice requirements. Minor defects in notice are
errors that do not affect the substance of the notice (e.g., errors in a legal
description, typographical or grammatical errors, errors of actual acreage,
etc). Failure of a party to receive written notice shall not invalidate
subsequent action. In all cases, however, the notification requirements and
information specifying the time, date, and place of a hearing shall be strictly
construed.
City of Monticello Zoning Ordinance Page 17
ZONING TEXT
OR MAP
AMENDMENT
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (B) Zoning Ordinance Tent and Zoning Map Amendments
(b) Whether the proposed amendment is consistent with the guiding principles of
the Comprehensive Plan;
(c) The extent to which the proposed amendment addresses a demonstrated
community need;
(d) Whether the proposed amendment will protect the health, safety, morals, and
general welfare of the public;
(e) The impacts on the natural and built environments, including air, water, noise,
stormwater management, wildlife habitat, water quality, vegetation, drainage,
streets, and other engineering design or environmental factors;
(f) Whether the proposed amendment is compatible with existing and proposed
uses surrounding the subject property; whether the proposed design and land
uses are appropriate for the land; and whether the proposed amendment will
maintain or improve compatibility among uses and ensure efficient
development within the City;
(g) Whether the proposed amendment will result in a logical, orderly and
predictable development pattern; and
(h) Whether the proposed amendment is consistent with the purpose of this
ordinance.
(B) Zoning Ordinance Text and Zoning May Amendments
(1) Purpose and Scope
This section sets out the procedures to be followed in reviewing and
considering a text change to this ordinance or an amendment to the zoning map
with the exception of a map amendment to a planned unit development, which
shall be subject to the procedures in Section 2.4(P), Planned Unit
Development.
(2) Initiation of Proceedings
Proceedings for the amendment of the text of this ordinance or the zoning map
shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an owner pursuant to
Section 2.3(B), Authority to File Applications;
(b) Recommendation of the Planning Commission; or
City of Monticello Zoning Ordinance Page 21
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (B) Zoning Ordinance Tent and Zoning Map Amendments
(c) Recommendation of the Community Development Department; or
(d) Action of the City Council.
(3) Application
(a) All applications to amend the text of this ordinance or the zoning map shall be
in accordance with Section 2.3, Common Review Procedures &
Requirements.
(b) In addition to the common review requirements, applications for changes to
the text of this ordinance or the Zoning Map shall also include the following:
(i) The name of the applicant;
(ii) A narrative explaining the requested modification and the reasons why the
changes are supported by the Comprehensive Plan;
(iii) The legal description of all real property proposed for change, if
applicable;
(iv) The existing and proposed land use and zoning designations for all
properties proposed for change, if applicable;
(v) A map of the properties to be modified to a different zoning designation,
showing the addresses and zoning designations for the subject properties
and the adjacent properties, if applicable;
(vi) The location of the proposed text to be added, amended, or deleted in this
ordinance, if applicable.
(4) Review
(a) Planning Commission
Before any amendment is adopted, the Planning Commission shall hold at
least one public hearing after proper notice has been issued in accordance
with Section 2.3(I). Following the hearing, the Planning Commission shall
adopt findings and recommendations on the proposed amendment as soon as
practical. The Community Development Department may forward an
application to the City Council without a recommendation from the Planning
Commission only if it is deemed necessary to ensure compliance with state
mandated deadlines for application review.
Section 2.3:
Common Review
Requirements
Section 2.3(1):
Public Notification
Page 22 City of Monticello Zoning Ordinance
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (G) Appeal of Administrative Decisions
(G) Appeal of Administrative Decisions
(1) Purpose and Scope
This subsection sets out the procedure to follow when a person claims to have
been aggrieved or affected by an administrative decision made under this
ordinance.
(2) Initiation of Proceedings
Appeals shall be initiated by the person aggrieved or affected by any order,
decision, determination, or interpretation made by the Community
Development Department or other administrative official of the City charged
with the administration or enforcement of this ordinance.
(3) Procedure
(a) Submission of Appeal (Application)
(i) An Appeal pursuant to this subsection shall be initiated by filing a
written appeal of the administrative decision or determination within
10 business days of the date of the order, decision, determination, or
interpretation with the Community Development Department or
other administrative official from whom the Appeal is taken.
(ii) All applications for an appeal shall be in accordance with Section 2.3,
Common Review Requirements.
(b) Review by the Board of Adjustment and Appeals
(i) Upon receiving the written Appeal of the administrative decision or
determination, the Community Development Department shall place the
matter on the next available agenda of the Board of Adjustment and
Appeals.
(ii) A report prepared by the Community Development Department which is
accompanied by all relevant papers, documents, and other materials
relating to the order, decision, determination, or interpretation shall be
provided to the Board of Adjustment and Appeals prior to the meeting.
These materials shall constitute the record of the appeal.
(iii) Following review of the appeal, the Board of Adjustment and Appeals
shall adopt findings of fact and make a decision on the appeal.
(iv) Decisions of the Board of Adjustment and Appeals are final unless the
appellant files a second written appeal outlining the basis for the appeal
within five (5) business days of the decision.
ADMINISTRATIVE
APPEAL
Page 42 City of Monticello Zoning Ordinance
BUILDING
PERMIT
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (H) Building Permits
(c) Review by the City Council
(i) Upon receiving a second written appeal of the decision rendered by the
Board of Adjustment and Appeals, the Community Development
Department shall place the matter on the next available agenda of the City
Council.
(ii) Materials constituting the record of appeal from the Board of Adjustment
and Appeals review shall be provided to the City Council for examination
prior to the meeting.
(iii) Following review of the appeal, the City Council shall review and decide
on the appeal in accordance with this chapter and state law.
(4) Review Criteria
An order, decision, determination, or interpretation shall not be reversed or
modified unless there is competent, material, and substantial evidence in the
record that the order, decision, determination, or interpretation fails to comply
with either the procedural, substantive requirements, or intent of this ordinance or
state law.
(5) Conditions
The City Council may impose conditions upon their decision to ensure that the
requirements and purposes of this ordinance are followed.
(H) Building Permits
(1) Purpose
This section establishes when obtaining a building permit is required, how it will
be reviewed, what surveys may be required to track construction, and how
unauthorized work will be handled.
(2) In General
(a) No person, firm, or corporation shall erect, alter, construct, enlarge, expand,
repair, move, improve, convert, demolish, equip, use, occupy, or maintain any
building, structure, or portion thereof, within the City of Monticello until
proper permits have been issued by the Community Development
Department.
City of Monticello Zoning Ordinance Page 43
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
(21) Open Sales
(a) In all residential districts where open sales is permitted, such sales shall be
limited to motor vehicles, boats, motorized equipment, and recreational
vehicles subject to the following conditions:
(i) An active principal use operating in a principal structure shall be present.
(ii) No more than a total of three items per site may be advertised for sale per
year.
(iii) No more than two items can be displayed for sale at any one time on any
property.
(iv) Individual items may not be displayed in excess of 30 days in the
aggregate for all items displayed.
(v) Items sold are limited to articles owned by individuals that make their
primary residence at the limited open sales site.
(vi) Sale items may not be placed on a public right -of -way.
Section 4.5: Signs (vii) A sign advertising a sale item shall conform to the requirements of
Section 4.5 Signs.
(22) Operation and Storage of Agricultural Vehicles, Equipment, and Machinery
Vehicles, equipment, and machinery being stored shall be incidental to a
permitted or conditionally permitted uses.
(23) Outdoor Sidewalk Sales and Display
Outdoor sidewalk sales and display areas associated with legally permitted retail
uses shall:
City of Monticello Zoning Ordinance Page 371
(b) In commercial and industrial districts where open sales is conditionally
permitted, the following standards shall apply:
(i)
Outside services, sales and equipment rental connected with the principal
uses is limited to thirty (30) percent of the gross floor area of the principal
use. This percentage may be increased through issuance of the
conditional use permit.
Section 4.1(1):
(ii)
Outside sales areas are fenced or screened from view of residentially
Standards for
Required Screening
zoned areas and public right -of -way in compliance with Section 4.1(I) of
this ordinance.
Section 4.4:
(iii)
All lighting shall be in compliance with Section 4.4 of this ordinance.
Exterior Lighting
(iv)
Sales area is grassed or surfaced to control dust.
(v)
Does not take up parking space as required for conformity to this
ordinance.
(22) Operation and Storage of Agricultural Vehicles, Equipment, and Machinery
Vehicles, equipment, and machinery being stored shall be incidental to a
permitted or conditionally permitted uses.
(23) Outdoor Sidewalk Sales and Display
Outdoor sidewalk sales and display areas associated with legally permitted retail
uses shall:
City of Monticello Zoning Ordinance Page 371
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
(a) Not encroach into areas necessary for the safe ingress and egress into the
retail structure;
(b) Maintain a minimum pedestrian walkway of at least five feet in width along
the front of the display;
(c) Take place only on an improved dustless surface;
(24) Outdoor Storage
(a) In all zoning districts, all materials and equipment, except as specifically
denoted in this ordinance, shall be stored within a building or fully screened
so as not to be visible from adjoining properties except for the following:
(i) Clothes line pole and wire.
(ii) Recreational equipment and vehicles, subject to off - street parking
regulations in Section 4.8 of this ordinance.
(iii) Construction and landscaping material currently being used on the
premises.
(iv) Off -street parking of passenger vehicles, emergency vehicles and -small
commercial vehicles in residential areas, unless otherwise required to be
screened according to Section 4.8 of this ordinance.
(v) Propane tanks, fuel oil tanks, and other similar residential heating fuel
storage tanks which do not exceed 1,000 gallons in capacity and shall not
be located within five (5) feet of any property line.
(vi) Wood piles in which wood is stored for fuel provided that not more than
10 cords shall be stored on any property. A cord shall be 4'x4'x8'.
(vii) All wood piles shall be five (5) feet or more from the rear and side yard
property lines and shall be stored behind the appropriate setback line in
front yards.
(viii) Solar energy systems.
(ix) Wind energy conversion systems.
(b) In business districts, the following shall apply:
(i) The area is fenced and screened from view of neighboring residential uses
in compliance with Section 4.1(I) of this ordinance.
(ii) Storage is screened from view from the public right -of -way in compliance
with Section 4.1(I) of this ordinance.
(iii) Storage area is grassed or surfaced to control dust.
(iv) When such storage is to include vehicle parking, storage areas must be
paved.
(v) Vehicle storage may not occur within front or side yards.
Section 4.8: Off -
Street Parkin
Section 4.1(1):
Standards for
Required Screening
Page 372 City of Monticello Zoning Ordinance
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
(c) In the I -1 and I -2 districts, the following shall apply:
(i) When abutting a residential district or residential use, the outdoor storage
use shall require authorization through a conditional use permit following
the provisions of Section 2.4(D) of this ordinance.
(ii) The area is fenced and screened from view of neighboring residential uses
in compliance with Section 4.1(I) of this ordinance.
(iii) Storage is screened from view from the public right -of -way in compliance
with Section 4.1(I) of this ordinance.
(iv) Storage area is grassed or surfaced to control dust.
(v) Vehicle storage shall not be permitted in front yards.
(vi) Noise shall be controlled consistent with the standards of this ordinance.
(vii) All lighting shall be in compliance with Section 4.4 of this ordinance.
(viii) Does not take up parking space as required for conformity to this
ordinance.
(25) Park Facility Buildings and Structures
Limitations on number and size for accessory buildings and structures shall not
apply to active or passive public park facilities.
(26) Retail Sales of Goods (as part of an office or industrial use)
(a) Location:
(i) All sales are conducted indoors within a clearly defined area of the
principal building reserved exclusively for retail sales. Said sales area
must be physically segregated from other principal activities in the
building.
(ii) The retail sales area must be located on the ground floor of the principal
building.
(b) Sales Area. The retail sales activity shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
City of Monticello Zoning Ordinance Page 373
(vi)
All lighting shall be in compliance with Section 4.4 of this ordinance.
Section 4.4:
ExteriorLirhtin
(vii)
Does not take up parking space as required for conformity to this
ordinance.
(viii)
Noise shall be controlled consistent with the standards of this ordinance.
Section 2.40):
(ix)
The use shall require authorization through a conditional use permit
Conditional Use
following the provisions of Section 2.4(D) of this ordinance.
Permits
(c) In the I -1 and I -2 districts, the following shall apply:
(i) When abutting a residential district or residential use, the outdoor storage
use shall require authorization through a conditional use permit following
the provisions of Section 2.4(D) of this ordinance.
(ii) The area is fenced and screened from view of neighboring residential uses
in compliance with Section 4.1(I) of this ordinance.
(iii) Storage is screened from view from the public right -of -way in compliance
with Section 4.1(I) of this ordinance.
(iv) Storage area is grassed or surfaced to control dust.
(v) Vehicle storage shall not be permitted in front yards.
(vi) Noise shall be controlled consistent with the standards of this ordinance.
(vii) All lighting shall be in compliance with Section 4.4 of this ordinance.
(viii) Does not take up parking space as required for conformity to this
ordinance.
(25) Park Facility Buildings and Structures
Limitations on number and size for accessory buildings and structures shall not
apply to active or passive public park facilities.
(26) Retail Sales of Goods (as part of an office or industrial use)
(a) Location:
(i) All sales are conducted indoors within a clearly defined area of the
principal building reserved exclusively for retail sales. Said sales area
must be physically segregated from other principal activities in the
building.
(ii) The retail sales area must be located on the ground floor of the principal
building.
(b) Sales Area. The retail sales activity shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
City of Monticello Zoning Ordinance Page 373
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (D) Table of Allowed Temporary Uses and Structures
(10) Contain sufficient land area to allow the temporary use, structure, or special event
to occur, as well as adequate land to accommodate the parking and traffic
movement associated with the temporary use, without disturbing environmentally
sensitive lands.
(D) Table of Allowed Temporary Uses and Structures
Table 5 -6 summarizes allowed temporary uses and structures and any general or
specific standards that apply. Temporary uses or structures not listed in the table are
prohibited.
TABLE 5-6: TEMPORARY USES & STRUCTURES
Temporary
Requirements
I
Temporary Structure
Construction Dumpster (on
Until issuance of certificate of occupancy
public ROW /property)
or two days following expiration or
Yes
Sec 5.4(E)(1)(a)
finaling of a building permit
Construction Dumpster (on
30 days without a building permit
No
Sec 5.4(E)(1)(b)
private property)
Construction Trailer
Until issuance of certificate of occupancy
Yes
Sec 5.4(E)(2)
Recreational Vehicle Use
I month
Yes
Sec 5.4(E)(3)
Real Estate Office / Model
Until 85% occupancy of the phase is
Yes + Building
Sec 5.4(E)(4)
Sales Home
reached
Permit
Temporary Mobile Cell Site
30 days
Yes + Building
Permit
Sec 5.4(E)(5)
Temporary Sign
40 days per year
Yes
Sec 4.5(1)
Temporary Storage in a
30 days per year
Yes
Sec 5.4(E)(6)
Portable Container
Tents, Canopies, Tarp
30 days per year
Yes
Sec 5.4(E)(7)
Garages, and Hoop Buildings
Temporary Sale
Farmer's Market
Continuous; up to 5 months per year on
Yes
Sec 5.4(E)(8)
a single site
Garage /Yard Sale
4 days per event; 3 events total per
No
Sec 5.4(E)(9)
calendar year
Seasonal Sales
60 days per permit; 120 days per
Yes
Sec 5.4(E)(7) &
calendar year maximum term
Sec 5.4(E)(12)
City of Monticello Zoning Ordinance
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (8) Lots
OFFICE USE: An establishment primarily engaged in providing professional, financial,
administrative, clerical, and similar services.
OFF - STREET LOADING SPACE: A space accessible from the street, alley or way, in a
building or on the lot, for the use of trucks while loading or unloading merchandise or
materials. Such space shall be of such size as to accommodate one (1) truck of the type
typically used in the particular business.
OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or
visibility. An object that is 100% opaque is impenetrable by light.
OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and /or
renting merchandise and for the storing of same prior to sale.
OPEN SPACE: An area on a lot not occupied by any structure or impervious surface.
OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded,
developed, landscaped, and equipped and intended and maintained for either active or passive
recreation or both, available and accessible to and usable by all persons occupying a dwelling
unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or
covered only for a recreational purpose. Roofs, driveways, and parking areas shall not
constitute usable open space.
ORDINARY HIGH WATER (new shoreland district code): The boundary of public waters
which may include wetlands, and shall be an elevation delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the
elevation of the top of the bank of the channel. For reservoirs and flowages, the
ordinary high water level is the operating elevation of the normal summer pool.
OUTDOOR STORAGE: The keeping, in an un- roofed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than twenty -four (24) hours. This shall
not include the display of vehicles for sale in a new or used car sales lot. Such activities may
be the principal use of the land or as an accessory use to another principal use.
OUTPATIENT CARE: Medical examination or service available to the public in a hospital.
This service is provided without overnight care and shall be considered a separate,
independent, principal use when combined or operated in conjunction with a hospital.
Page 436 City of Monticello Zoning Ordinance
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (8) Lots
PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a
building.
PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the
following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf
courses, or other active sports facilities. Active park facilities will commonly include
benches, picnic areas, trails, sidewalks, and other similar features.
PARK FACILITY, PASSIVE: A park or recreational facility that does not include the
construction of facilities, lighting, or development of ball fields or other active sports
facilities. Passive parks may include benches, picnic areas, trails and sidewalks.
PARKING: The act of keeping a passenger vehicle as defined herein on an approved parking
space, properly surfaced, for a temporary period of time.
PARKING BAY: The parking module consisting of one or two rows of parking spaces or
stalls and the aisle from which motor vehicles enter and leave the spaces.
PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and
to soften the overall visual impact of a large parking area from adjacent properties.
PARKING LOT DRIVE AISLE: A vehicular accessway located within an off -street parking
or vehicular use area which serves individual parking stalls and driveways.
PARKING SPACE /STALL: An area enclosed in the main building, in an accessory building,
or unenclosed sufficient in size to store one (1) automobile which has adequate access to a
public street or alley and permitting satisfactory ingress and egress of an automobile.
PARKING STRUCTURE: A structure designed to accommodate vehicular parking spaces
that are fully or partially enclosed or located on the deck surface of a building. This definition
includes parking garages, decks, and ramp parking.
PARKING, SURFACED: A parking space or storage space which is paved, or surfaced with
crushed rock, such as Class V limestone, crushed or decomposed granite, "con- bit ", or
landscaping rock of adequate durability to support the load parked or stored thereon.
City of Monticello Zoning Ordinance Page 437
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (8) Lots
VEHICLE, LARGE COMMERCIAL: A vehicle used for commercial purposes which is a
semi - tractor and /or semi - trailer, dump truck, or any other commercial vehicle that does not
qualify under the definition of a "Small Commercial Vehicle ".
VEHICLE, SMALL COMMERCIAL: A vehicle used primarily for commercial purposes,
including pick -up trucks and sport- utility vehicles larger than 9,000 pounds gross vehicle
weight, but less than 13,000 pounds gross vehicle weight which display a commercial
business message, and all other commercial vans or trucks, regardless of commercial message
which are no greater than any of the following dimensions: 22 feet in length, 8 feet in height,
and 8.5 feet in width.
VEHICLE FUEL SALES: Buildings and premises where gasoline, oils and greases, batteries,
tires and automobile accessories may be supplied and dispensed at retail (or in connection
with a private operation where the general public is excluded from use of facilities), and where
in addition, the following services may be rendered and sales made, and no other:
• "Automotive Repair – minor" as defined by this ordinance
• Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for
filling station customers, as accessory and incidental to principal operation;
• Provision of road maps and other informational material to customers; and
• Provision of restroom facilities.
Uses permissible at a vehicle fuel sales establishment do not include "Automobile Repair –
major" as defined by this ordinance, major mechanical and body work, straightening of body
parts, painting, welding, storage of automobiles not in operating condition, or other work
involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally
found in filling stations.
VEHICLE SALES OR RENTAL: Establishments primarily engaged in the retail sale of new
and used —in operating condition — automobiles, noncommercial trucks, motor homes,
recreational vehicles or farm machinery; including incidental storage, maintenance, and
servicing.
VEHICLE STORAGE: The act of keeping a recreational or commercial vehicle as defined
herein on a parcel in an eligible storage location for an extended period of time without
regular use, and with proper surfacing or maintenance of the groundcover as required.
VEHICULAR USE AREA LANDSCAPING, INTERIOR: Vegetative material, structures
(walls or fences), berms, and associated ground cover located within the interior of a parking
lot, or other vehicular use area for the purposes of providing visual relief and heat abatement.
[See Section 4.1(F)]
Page 454 City of Monticello Zoning Ordinance
Planning Commission Agenda — 02/03/15
8. Public Hearing — Consideration to recommend for the adoption the 2015 City of
Monticello Official Zoning Map. (AS)
A. REFERENCE & BACKGROUND
The Planning Commission is asked to take action on adoption of an Official Zoning
Map at this time.
The Planning Commission is asked to review the proposed City of Monticello Zoning
Map and recommend the map for adoption by the City Council.
The City Attorney has advised that the City adopt an official zoning map each year.
The map included for review 2014 rezoning actions since the adoption of the last
official map in May, 2014, which included:
• Ordinance No. 600 — Rezoning Outlot A, Monticello Commerce Center 7'
Addition from B -4 to R -4.
In recommending adoption of the Official Zoning Map, the Planning Commission
will also recommend adoption of the Shoreland Overlay District, the boundaries for
which are in accordance with requirements of both State statute and the Zoning
Ordinance.
B. ALTERNATIVE ACTIONS
1. Motion to adopt Resolution No. PC- 2015 -002 recommending the adoption of the
2015 City of Monticello Official Zoning Map, including Shoreland/Floodplain
companion map.
2. Motion of other.
C . STAFF RECOMMENDATION
Staff recommends adoption of the City of Monticello Official Zoning Map as proposed.
This draft represents an accurate picture of Monticello's zoning based on a review of
available records and ordinances. The City Attorney has advised that the City adopt an
official zoning map each year.
D. SUPPORTING DATA
A: Resolution No. PC- 2015 -002
B: Ordinance No. 600
C: 2015 Official Zoning Map, Proposed
D: Shoreland and Floodplain Boundary, City of Monticello
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC- 2015 -002
Motion By: Seconded By:
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN AMENDMENT
TO THE ZONING MAP IN ITS ENTIRETY
WHEREAS, the Zoning Map of the City of Monticello requires amendment; and
WHEREAS, the proposed map would accommodate and further the intentions and policies of the
Comprehensive Plan; and
WHEREAS, the proposed zoning would be consistent with the City's land use plan; and
WHEREAS, the Planning Commission of the City of Monticello finds that the proposed zoning map
will be consistent with the intent of the Comprehensive land use plan and proposed zoning district;
and
WHEREAS, the Planning Commission has conducted a public hearing on February 3rd, 2015 to
review the requests and receive public comment on the zoning map amendment; and
WHEREAS, the Planning Commission finds that the proposed zoning map has met the requirements
for adoption as found in the zoning ordinance and state law;
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota:
The Planning Commission recommends that the City Council adopt the zoning map amendment to be
identified as Ordinance No. 610.
ADOPTED this 3rd day of February, 2015 by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
ATTEST:
Brad Fyle, Chair
Angela Schumann, Community Development Director
ORDINk CE NO, 600
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE REZONING FROM B -4 (REGIONAL BUSINESS) TO R -4 (MEDIUM -
HIGH DENSITY RESIDENCE) FOR OUTLOT A, MONTICELLO COMMERCE
CENTER SEVENTH ADDITION (TO BE PLATTED AS LOT 1, BLOCK 1,
MONTICELLO COMMERCE CENTER EIGHTH ADDITION) AND AMENDING THE
OFFICIAL ZONING MAP
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS.
Section 1. The following lot is hereby amended to rezone from B -4 (Regional Business) to
R -4 (Medium -High Density Residence):
Outlot A, Monticello Commerce Center Seventh Addition
To be platted as: Lot 1, Block 1, Monticello Commerce Center Eighth
Addition.
Section 2. The Official Zoning map under Title 10, Section 3.1 of the Monticello Zoning
Code shall be amended accordingly.
Section 2. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Code are available online and at Monticello City Hall.
ADOPTED AND APPROVED FOR PUBLICATION BY the Monticello City Council this 25th
day of August, 2014.
CITY OF MONTICELLO
12Z�l
Clint erbst, Mayor
ATTEST:
Jeff , City Administrator
VOTING IN FAVOR: Herbst, Hilgart, Perrault, Posusta, Stumpf
VOTING IN OPPOSITION: None
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