Planning Commission Agenda 02-05-2013REGULAR MEETING
MONTICELLO PLANNING COMMISSION
Tuesday, February 5th, 2013
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Chairman William Spartz, Sam Burvee, Brad Fyle, Charlotte
Gabler, Grant Sala
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman
1. Call to order
2. Consideration to approve Planning Commission minutes.
a. Regular Meeting of December 4th, 2012
b. Regular Meeting of January 8th, 2013 (to be provided when available)
3. Citizen Comments
4. Consideration of adding items to the agenda
5. Consideration of a request for amendment to the Official Zoning Map of the City of
Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Regional
Business) District.
Applicant: Mickle, Bill
6. Consideration of a request for amendment to the Official Zoning Map of the City of
Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Regional
Business) District.
Applicant: Northern States Power
7. Consideration to approve a request for Conditional Use Permits for cross - parking and
cross - access for a retail use in a B -4 (Regional Business) District.
Applicant: Monticello Development Group, LLC
8. Consideration to approve the Official Zoning Map for the City of Monticello
Applicant: City of Monticello
9. Consideration to approve Community Development Director's Report
10. Adjourn.
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, December 4th, 2012 - 6:00 PM
Mississippi Room, Monticello Community Center
Commissioners Present: William Spartz, Brad Fyle, Sam Burvee, Grant Sala
Commissioners Absent: Charlotte Gabler
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman -NAC
1. Call to order
Bill Spartz called the meeting to order at 6:00 p.m. and noted the absence of
Commissioner Gabler.
2. Consideration to approve Planning Commission minutes of November 7, 2012
COMMISSIONER FYLE MOVED TO APPROVE THE MINUTES OF THE
NOVEMBER 7, 2012 MEETING. MOTION WAS SECONDED COMMISSIONER
SALA. MOTION CARRIED 4 -0.
3. Citizen Comments
None.
4. Consideration of adding items to the agenda
None
5. Consideration of Public Hearing — Consideration to approve an Amendment to the
Monticello Zoning Ordinance, Chapter 5, Section 3 — Accessory Uses to allow
Machinery /Truck Repair & Sales, Auto Repair — Minor, Auto Repair - Maior as
Accessory Conditional Uses in the B -3 (Hi2hway Business) District; a Conditional
Use Permit for Vehicle Sales /Rental; a Conditional Use Permit for Machinery /Truck
Repair & Sales, Auto Repair — Minor and Auto Repair - Minor; Variance to
Monticello Zoning Ordinance, Chapter 4, Section 8 - Off - Street Parking
Requirements; Variance to Monticello Zoning Ordinance, Variance to Monticello
Zoning Ordinance, Chapter 4, Section 1 - Landscaping & Screening Requirements;
and a preliminary and final plat for the Maas Addition. Applicant: Maas
Automotive /Bedrock Motors. (NAC)
Planning Commission Minutes — 12/4/12
Mr. Grittman explained that the project is a series of applications, and the public hearing
held will qualify for each of the applications. He briefly reviewed each of the applications
and provided an overview of the proposed project itself.
The subject site is a parcel previously operated by D and D Bus Company. There are two
existing metal buildings on the property. This property was then used by the Hecker
dealership.
The current applicant proposes to use the site as an automobile dealership, along with a
series of related uses. The automobile sales will be the principle use, the accessory uses
will be automobile repair, and truck sales and repair. The applicant is hoping to operate on
the property as it exists today without making significant improvements. Eventually the
applicant is hoping to make longer term improvements.
Grittman explained that because the site was abandoned more than a year ago, the site loses
its nonconformity rights under the zoning ordinance and also under state statue. Typically,
when a parcel has a nonconforming use or nonconforming structures, those are allowed to
be continued or allowed to be remodeled, repaired, and even replaced if within a 6 month
timeframe. The only limitation is that nonconforming uses are not allowed to be expanded.
Once 12 months has gone by, if no permits are filed, and no improvements are done, then
the nonconforming rights are lost.
In this case, any permits that were granted, any existing nonconforming conditions that
were in place at the time essentially are extinguished from the site, and the site is intended
to be redeveloped in conformance with the code. Grittman stated that the existing buildings
are considered lawful nonconforming but because they have not been removed, the
buildings can stay in place.
However, to occupy the site, all other conditions of the code are required to be met. And as
a result, the applicant is also asking for variances relating to the non - conforming site
conditions, particularly landscaping and parking lot curbing.
Mr. Grittman indicated that the site is zoned B -3, which is highway commercial zoning
district. Amendments to the zoning are necessary to accommodate the accessory auto
repair, both major and minor. Those are common accessory uses for automobile
dealerships and are currently allowed as principle uses.
The other category of amendment the applicant is seeking is for machinery and truck repair
and sales. These accessory uses are not allowed in a B -3 district, the applicant is proposing
to amend the B -3 district to allow the vehicle machinery /truck uses to the site.
Mr. Grittman said staff's recommendation is consistent with the applicant's requests. Staff
is recommending that truck/machinery sales and repair be allowed as an accessory use,
again by conditional use permit.
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Planning Commission Minutes — 12/4/12
Mr. Grittman summarized that the principle use of the property would be the automobile
dealership, with accessory uses of auto repair, both major and minor, and sales and repair
for trucks, machinery, and equipment. Each of these accessory uses, if the Commission
recommends amending the ordinance, are proposed to be added as conditional uses, and so
the applicant is then asking for requisite conditional use permits that would go along with
each of those.
The applicant is also seeking variances from the zoning ordinance because the site is
inconsistent with the code in terms of landscaping and parking lot improvements -
primarily curbing in this case. The applicant is asking for those requirements to be waived
by variance.
In addition to the use permits, the applicant is also requesting the approval of a preliminary
and final plat, which would combine three parcels associated with the site into one. One of
the parcels is part of an old right -of -way that was turned back to this property that area
would also be used for vehicle display, along the Interstate 94 frontage. The other is a
small remnant parcel. The proposal is to re plat these three parcels into a single plat that
would accommodate the use. Staff considers this to be correcting an issue that exists on the
property now.
Mr. Grittman asserts that staff is supportive of the amendments, as staff believes they are
consistent with the intent of the B -3 district, code, and Comprehensive Plan. This is a
highway- oriented commercial use. The buildings are one of the remaining
nonconformities that continue to exist. Normally the code would require an upgrade with
the building standards, but because the buildings have not been removed, they are allowed
to be reoccupied as they exist. Staff believes the conditional use permits are also
appropriate, as the uses are consistent with the code and the Comprehensive Plan. The plat,
staff believes is simply a ministerial action.
However, staff is recommending against the variance requests. With a variance request, the
applicant is required to show that there is a unique condition on the property that creates a
practical difficulty to putting the property to use under the ordinance. So the City must find
the use is reasonable in the proposed way, and that there is some difficulty with the
property that keeps the applicant from complying with the code. The issue here relates
specifically to the use of the property without landscaping and curbing improvements. In
staff's view, it is very difficult to find why it is not plausible or feasible to comply when it is
required of all commercial properties. There does not appear to be anything particularly
unique about this property that would set it apart from other commercial parcels. Economic
conditions are not to be considered as a principle finding in support of a variance request.
As a result, staff is not recommending approval of the variances.
Mr. Grittman suggested that the variances are considered separately from the other
applications since the commissioners are the Board of Adjustment on the variances. Mr.
Grittman closed and asked for questions.
Planning Commission Minutes — 12/4/12
Mr. Spartz stated that he is in agreement to address the amendments and the variances
individually.
Mr. Fyle asked if both parcels have road frontage. Mr. Grittman said the combined parcel
will have the frontage, and the plat corrects oddities in the boundary of the property.
Mr. Sala asked if there is any reason this property couldn't have been purchased before the
one year was up and grandfathered in. Mr. Grittman replied that he does know of any
reason why it could not have been purchased, the requirements for nonconformities do not
relate to purchase, they relate to use or building activity. Mr. Sala asked if there is any
reason that this building couldn't have been used before that time, have they been trying to
get this building, and their time ran out before they could. Mr. Grittman replied that he is
not aware of that condition. Mr. Sala asked for a clearer definition of truck and machinery.
Mr. Grittman replied that the applicant could give the best idea of the full nature of the use
proposed.
Mr. Spartz asked how long the property has been vacant. Mr. Gnttman responded that it
was in the 3 -4 year range. Mr. Spartz asked if the amendment would be to allow auto
repair, both major and minor in the B -3 as a conditional uses as they are not currently
allowed as either permitted or conditional accessory uses. Mr. Grittman responded that the
auto repair is not listed in the list of accepted accessory uses; but it is listed in the list of
allowable principle uses. The objective in the amendment is to add them to the list of
accessory uses list. Mr. Spartz asked if that would be consistent with the properties that
have been there. Mr. Grittman confirmed, and said that the auto dealers have traditionally
been auto repair as an accessory use, it seems to be more of an oversight in the code. Mr.
Spartz asked about the machinery and truck zoning, in what zoning district would that be
an allowable use. Mr. Grittman replied that the truck repair and truck sales would be
permitted in the industrial districts.
Chairman Spartz opened the public hearing.
Ron Maas, Bedrock Motors, 13830 Northdale Blvd, Rogers, addressed the Commission.
Mr. Maas also introduced Scott Dahlke, with Civil Engineering Site Design, site engineer.
Mr. Maas discussed the background of the company, where, and how the company began,
and why he chose to come to Monticello to locate the fourth store. Two years ago, the
applicant looked at the property and decided it was going to be one of the target locations.
However, after being delayed by others who were interested in the property, they are finally
back on track Initially, the intent was to come in and do the best job they could with what
is there. Eventually, Mr. Maas stated that it is his intent to come back and use the large
grass area, in addition to the 2.9 acre of paved area. Mr. Maas explained that the economic
issues on his side are definitely an obstacle.
Mr. Maas state that the items referenced and discussed with staff are deal breakers, they
wish to occupy the facility in the present condition. Mr. Maas assured the Commission that
Planning Commission Minutes — 12/4/12
all facilities are all very nicely run, and that unfortunately, with this one, there are a couple
of very large stumbling blocks that he would like to go through by item.
Mr. Dahlke referred to Exhibit Z. Starting with item one, it Dahlke noted that the
landscaping and curbing are lacking around the perimeter. The property seems to function
sufficiently in its current condition; there are no drainage problems that would be benefitted
by installing curbing. He stated that the site has functioned for many years in the current
condition and that is what the applicant is pushing for, is to continue under that condition.
He also explained that it is impossible to install the required landscaping without tearing out
existing bituminous.
Condition number two requires that the applicant provide evidence that there is adequate
water and sanitary sewer service on the property. Here again, Dahlke stated that the
applicant is trying to use the property in the existing condition. Right now, water is served
by a well on the site. It is not hooked up to city water, there is city sewer that has been
extended out of the site, and the way it was set up originally and operated with the previous
business there was that there was a meter on the well that gets read and reported to the
utility department. That meter reading then determines the sewer billing for the property.
Again, the applicant is looking to continue with the same program.
Number three talks refers to a grading and drainage plan. Mr. Dahlke indicated that the
applicant is again looking at utilizing it as is, as it drains sufficiently. There are no erosion
problems, nothing would be corrected or bettered by going through all of this effort.
Regarding condition number four and five, Mr. Maas said it is not their intention to have a
large facility just for truck repair. Because of the economic changes, he wants to talk about
it up front and make sure that if they were to take in a trade or were selling a semi -truck that
there would be no problem with it. Their core business is cars and medium and small
trucks. He stated that occasionally, there are larger trucks, most of which would be the size
of a Penske truck/box truck.
Mr. Dahlke stated that the applicant is proposing to use the existing lighting and would
therefore object to a requirement to comply with condition six. Condition number 7
addresses sign permits, and the applicant understands that they will go through a formal
permit process for signage.
Mr. Dahlke indicated that the applicant objects to condition eight, which is a curbing
requirement. The existing accesses are wider than 24 feet, they are 30 -35 feet. Mr.
Grittman noted that the city engineer can approve a certain size of curb cut. Mr. Dalhke
said with their goal of using the property as is, they're not looking to go tear up the access
and reconfigure it.
Mr. Dhakle stated that the applicant can properly address items nine and eleven, but object
to item ten requiring continuous curbing.
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Planning Commission Minutes — 12/4/12
Mr. Dahlke addressed conditions twelve and thirteen, which deal with repair operations
within the building within 600 feet of the residential zone. There is code a requirement that
within a 600 foot buffer, no repair can occur within 600 feet of a residential zone. The
southerly building is within that 600 foot dimension from those residential properties to the
south.
Mr. Grittman indicated that it was his understanding from an earlier meeting with the
applicant that the primary uses will be held in the building to the north, while at southern
building will be used mostly for storage purposes. Mr. Maas indicated that he would
indeed like to repair in that south side building. If there were any type of repair done, they
would make sure everything was up to code. Mr. Maas also has an issue with prohibiting
the doors from being open while repair is going on. The problem lies that in the summer
time, it is difficult to convince the technicians to keep the doors closed.
Commissioner Spartz asked the applicants to go through, by number, the items in Exhibit Z
that they first agree with, and second, the items with which they have contention. Mr.
Dahlke stated that the applicant has no issue with items 4,5,7,11, but does have contention
with conditions 1,2,3,6,8,9,10,12,13.
Mr. Spartz asked for the age of the existing building. Staff and Mr. Fyle responded that it is
about 30 years.
Council liaison Hilgart inquired about the nature of compliance relative to the re -use of the
site and the requirements for other commercial buildings. Planner Grittman confirmed that
these are requirements that would apply to the re -use of any commercial site whose non-
conformity rights have lapsed.
Angela Schumann noted that in any case, many of the conditions would be demonstrated
with the final site plan which is required per zoning ordinance. She noted that the
applicant will also need a new certificate of occupancy, which would trigger the site plan
review. Schumann said they would also ask for site lighting plan, where there are a variety
of things that can be done to come into compliance. It could be a change in the fixture
head, a change in the light source, the way the light is tipped or focused. Those issues
could be worked through to come into compliance. Grading and drainage is a function of
site planning.
Schumann stated that it is important to note that the prior use was allowed as an interim use.
The interim use was extended a number of times, and that interim use was put into place
due to the non - compliance with many of these same issues, so that eventually that applicant
would need to comply with these same requirements.
Mr. Spartz asked if the hook up to city water was a Council consideration. Schumann
responded that it is a council consideration, and actually, one of the buildings has adequate
sewer service. Schumann said that in the other building, they are currently working
through some options with the applicant, there are some options for connection.
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Planning Commission Minutes — 12/4/12
Mr. Spartz indicated that as he was reading through the staff report, the three things that
stood out most were the building, the curbing and the landscaping. Spartz pointed out that
the parcel is located near a residential area that has had issues with noise before. Mr. Spartz
said he thinks Commission would be failing in their job if they failed to recognize that
issue. Addressing the noise, Mr. Maas said he has never had one noise complaint at his
other stores.
Commissioner Spartz asked if anyone else would like to speak on the issue. Hearing no
other comment, Commissioner Spartz then closed the public hearing and brought it back to
the Commission for discussion.
Commissioner Fyle said he was not in favor of anything proposed. He thinks that area
needs to be protected and should come into compliance, because there are some high
quality buildings adjacent to the site. He said that although this is an existing building, if
the applicant came back with a major facelift, going through all the conditions written have
down, he would feel differently. He also expressed concern with the truck sales and repair.
Both Commissioners Burvee and Sala stated that they did not support the variances as they
both have concerns with noise.
Commissioner Spartz asked the applicants if there are any time constraints related to their
application. Mr. Maas explained that Bedrock's agreement with Chrysler runs out on the
18"' of December.
Mr. Fyle asked staff if he were to propose a motion denying all, how his findings might be
stated. Mr. Grittman responded that the findings would be in part reflected in the resolution
related to the variances, but he would also want to then add some findings that because of
the inability to meet the site conditions, that they do not comply with the terms of the
zoning ordinance.
MOTION BY COMMISSIONER SPARTZ TO RECOMMEND DENIAL OF THE
PRELIMINARY PLAT BASED ON FINDINGS MADE BY THE PLANNING
COMMISSION IN REGARDS TO THE INABILITY TO PERFORM TO THE
CONDITIONS OF APPROVAL FOUND IN EXHIBIT Z. MOTION IS SECONDED
BY COMMISSIONER FYLE. MOTION CARRIED 4 -0
The Commission held a brief discussion as related to the grouping of recommendations on
the other applications.
COMMISSIONER FYLE MOVED TO RECOMMEND DENIAL OF THE ZONING
ORDINANCE AMENDMENTS TO ADD TRUCK SALES & REPAIR AS A
CONDITIONAL USE AND AUTO REPAIR — MAJOR AND AUTO REPAIR —
MINOR AS CONDITIONAL ACCESSORY USES TO THE B -3 ZONING DISTRICT.
MOTION SECONDED BY COMMISSIONER SPARTZ.
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Planning Commission Minutes — 12/4/12
Commissioner Spartz called for discussion on the item. Commissioner Burvee inquired if
the motioned addressed the amendments for both auto and truck uses. Commissioner
Spartz confirmed. Planner Grittman noted that based on the discussion, the finding of the
Commission was that the amendments as proposed in combination required additional
research as to their appropriateness for the district.
MOTION CARRIED 4 -0.
Commissioner Spartz inquired whether the conditional use for Vehicle Sales is already
allowed in the B -3 and would be specific then to this application. Mr. Grittman responded
that this particular conditional use permit is to sell automobiles as a principal use, it is an
allowed use in the B -3 district currently and does not require an amendment. The question
for the Commission is whether or not the City would approve a conditional use permit for
sales if it meets the conditions of Exhibit Z.
COMMISSIONER SPARTZ MOVED TO ADOPT RESOLUTION 2012 -107
RECOMMENDING APPROVAL FOR CONDITIONAL USE PERMIT FOR VEHICLE
SALES WITH THE CONDITIONS OUTLINED IN EXHIBIT Z. MOTION
SECONDED BY COMMISSIONER SALA. MOTION CARRIED 3 -1, WITH
COMMISSIONER FYLE IN DISSENT.
COMMISSIONER FYLE MOVED TO RECOMMENT DENIAL OF THE
CONDITIONAL USE PERMIT FOR TRUCK SALES & REPAIR IN THE B -3
DISTRICT.
MOTION FAILS FOR LACK OF A SECOND.
Commissioner Spartz called for clarification from Mr. Grittman as related to the
Conditional Use Permits required for both major and minor auto uses. Mr. Grittman stated
that while vehicle sales are an allowable principle use in the B -3, auto repair minor and
major as accessory uses require the amendment to zoning ordinance. One of the
applicants' requests was to add these as accessory uses, which was encompassed as part of
decision two. Grittman stated that it would be appropriate for the Commission to consider
whether they wish to approve this CUP regardless of the amendment. The Council may
take a separate view of the amendment and therefore it is reasonable to take the two options
separately.
Spartz said he believes the use of the parcel is going to be auto - related. Spartz asked if
someone else came to look at the parcel, would they have to bring it to us as a separate
amendment. Grittman responded if the amendments are not adopted as part of this
application, then some future applicant would have to propose the amendment again.
Mr. Grittman responded that he would not say that it was irrelevant, because the Council
will be the final decision makers on both the amendments and CUP. Staff's
recommendation is that if you did recommend approval, it would go along with the
conditions in exhibit Z.
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Planning Commission Minutes - 12/4/12
COMMISSIONER SPARTZ MOVED TO ADOPT RESOLUTION 2012 -107
RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMITS FOR
AUTOMOBILE REPAIR CONTINGENT UPON COMPLIANCE THOSE
CONDITIONS SPECIFIED IN EXHIBIT Z. SECONDED BY COMMISSIONER
FYLE. MOTION CARRIES 4 -0.
In relationship to the conditional use permit for truck sales and repair in the B -3 district,
Commissioner Fyle said that he does think it is automotive in the future, and truck and sales
and repair are not in that same category.
COMMISSIONER FYLE MOVED TO RECOMMEND DENIAL OF THE
CONDITIONAL USE PERMIT. MOTION SECONDED BY COMMISSIONER SALA.
MOTION CARRIES 3 -1, COMMISSIONER BURVEE IN DISSENT.
Mr. Grittman confirmed that the Commission made the finding would be that truck sales
and repair was inappropriate for this district and more appropriate in a different district.
Commissioner Spartz confirmed.
COMMISSIONER SPARTZ MOVED TO DENY THE VARIANCE TO CURBING
AND LANDSCAPING REQUIREMENTS BASED ON THE FINDINGS THAT THE
VARIANCES IT DID NOT COMPLY WITH EXHIBIT Z AND THE ZONING
STANDARDS. MOTION SECONDED BY COMMISSIONER FYLE. MOTION
CARRIED 4 -0.
Schumann said that this will go to the Council on Monday, December 10. Schumann also
said that Planner Grittman also wanted to clarify that the Commission is the board of appeal
on the variances so that is a final decision, the applicant has five days by ordinance to
appeal denial of the variances. If the applicant chooses to write a written appeal, the appeal
will be put on to the Council agenda with the balance of the other requests.
6. Consideration of Public Hearing — Consideration to approve an amendment to the
Monticello Zoning Ordinance, Chapter 4, Section 5 — Sims, for regulations pertaining to
temporary sims. Applicant: City of Monticello (AS)
Community Development Director Schumann stated that the issue of temporary signage is
one that has been addressed on numerous occasions by the Planning Commission over the
past five years. The Planning Commission has looked for a balance in relationship to
business needs, aesthetics, and overall community goals and objectives.
Schuman stated that the City currently has an interim ordinance in place for temporary
signage. It was adopted in February 2011, and in February 2012, it was extended for an
additional year. The interim ordinance allowed city, staff, and the business community to
analyze the temporary signage issue, and determine what the effects of temporary signage
are, both positive and negative on the community, in particular the business community. At
this time, Schumann stated that the Commission is asked to consider recommending repeal
of the interim ordinance to the City Council and recommend temporary sign ordinance
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Planning Commission Minutes — 12/4/12
amendments consistent with the City's goals for signage as a component of the overall land
use policy.
Schumann stated that the interim ordinance allows one sign per business for every business
and the sign must be located on the parcel on which the business is located. The existing
permanent ordinance allows only one temporary sign per parcel. While the interim
ordinance allows one sign per business, the stipulation is that those signs must be spaced 75
linear feet apart. The reasoning is two -fold: to avoid visual clutter and to maintain the ability
to read or see multiple signs.
Schumann stated that the current ordinance allows forty days of temporary sign usage per
parcel. Under the interim ordinance an unlimited number of days in the calendar year per
business is allowed. A permit is required for all temporary signs, both under the existing and
the interim ordinance.
Schumann reported that the amendments proposed are based on the analysis completed under
the interim ordinance. When the interim ordinance was brought back for review in early
2012, the Commission was given a large amount of data for consideration, including
business surveys, corridor images, and feedback from a small business roundtable. Feedback
on the ordinance has continued to be solicited from the business community through the
assistance of the Chamber of Commerce. Schumann also referred to temporary sign permit
data gathered over the past three years, which generally averages between 25 -40 permits per
year. Sign violations have also been tracked. Violations were primarily for signs without
permit, or signs that were too large, or too numerous on a parcel. Visual observation has
been done, particularly of the primary corridors that being Highway 25, and County Road 75.
The amendments that are proposed will continue to allow for the extended flexibility allowed
under the interim ordinance, as there were some provisions that were found that seem to
make sense for the business community and from an enforcement standpoint, and as such,
staff is seeking to incorporate those into the ordinance permanently.
Schumann noted that the most common feedback on the ordinance was to keep it simple and
consistent. Therefore, staff is suggesting that the ordinance provisions continue to treat all
temporary signs equally, whether it is a pennant, banner, corrugated plastic sign, or a
changeable copy board, remain. This responds to the business community's request for
simplicity and flexibility in the type of signage they would like to use depending on the
nature of their temporary signs needs at any given time. It also minimizes confusion in
administration and enforcement on the City's part.
Schumann reviewed the proposed amendment, which would allow one sign per business,
spaced every 75 feet apart. The number of days would be increased from forty days under
the current ordinance to 150 days. She noted that this would allow temporary sign usage
Friday, Saturday, and Sunday, every week of the year. The signage size would be increased,
from 32 square feet to 40 square feet and a permit will still be required, with number of days
tracked.
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Planning Commission Minutes — 12/4/12
Schumann stated that the proposed amendments would also allow for one additional flag
device for a restaurant business with outdoor seating for a period of up to 150 days on or
around the patio seating area. Another expansion would allow one sign per street frontage on
non - residential properties when a property is seeking to hire or employ personnel.
Schumann then reviewed the current ordinance for temporary signs, noting the existing
flexibility for sandwich boards, real estate and window signage.
Commissioner Sala inquired about regulations pertaining to those businesses that do not
necessarily have a building or parcel for such signage. Schumann responded that those would
not be allowed, and are considered off premise signs.
Commissioner Spartz asked about the size of the signs in the existing ordinance and why
they went from 32 square feet to 40 square feet, and wanted to know what Schumann was
using to support that decision. Schumann responded that most of the signs are 4x8, there are
certainly places that rent larger signs, but as a staff, we have agreed that 32 square feet for the
message boards seems to be sufficient. However, what has been discovered is that typically
attached is a small piece to the top or the bottom to allow for a phone number that is usually
8 square feet or less. So, rather than complicate the ordinance further, the allowance was for
40 feet.
Commissioner Spartz inquired whether help wanted signage is currently allowed. Schumann
responded that businesses can currently use their existing signage allowances for such signs.
The proposed amendments adds additionally flexibility specific to that purpose.
On grand opening signs, Spartz asked for clarification on the opening of a new business, are
there provisions for a re -grand opening. Schumann responded that staff have interpreted the
ordinance as opening a new location.
Commissioner Spartz opened the public hearing.
Sandy Suchy with the Monticello Chamber of Commerce addressed the Commission. She
thanked the Commission for looking at the sign ordinance, and stated that they worked very
hard with staff and with the business community to develop an ordinance that will work very
well for the majority of the businesses. She explained that every business has different
needs; they use the signs for different opportunities. Although there are a couple of
businesses who are not completely provided for under the amendment, overall, the majority
of the businesses are much happier with the signage that is being proposed today.
Commissioner Spartz asked if Suchy thinks this will be something that the majority of the
businesses can support. Suchy confirmed that yes, she really believes they would and that by
providing that information to the business community, the majority of the information that
she has received has been that they can support it.
Commissioner Spartz closed the public hearing and brought it back up to the Commission for
discussion. Commissioner Fyle said the previous sign regulations were in his opinion too
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Planning Commission Minutes — 12/4/12
restrictive, but the interim ordinance is too lax. His stance is that he would be in agreement
to extend the interim ordinance for another year; as these are still difficult times, but not in
agreement for an ordinance change to what is proposed today.
Commissioner Spartz asked if it was the number days. Fyle said that was a lot of it. Spartz
said that this review has been a three year process; several businesses utilized the signs all
three years. Spartz stated that he is comfortable with the majority of the proposed
regulations, although he has trouble with the for hire piece. He noted that there will never be
a one size fits all ordinance for signage, and that it is time to move forward with something
that makes sense, is easy to understand and is as consistent as possible.
COMMISSIONER SPARTZ MOVED TO ADOPT A RESOLUTION 2012 -108
RECOMMENDING AN AMENDMENT TO MONITCELLO' S ZONING ORDINANCE
CHAPTER 4 SECTION 5 FOR TEMPORARY SIGNAGE BASED ON THE FINDINGS
OF FACT IN SAID RESOLUTION FOR THE PROPOSED ORDINANCE. MOTION
SECOND BY COMMISSIONER BURVEE. MOTION PASSES 3 -1.
7. Consideration of Public Hearing — Consideration to approve an Amendment to the
Monticello Zoning Ordinance Chapter 5, Section 3- Accessory Uses to allow Indoor
Storage and Office Uses as a Permitted Accessory Use in the B -4 (Regional
Business), B -3 (Highway Business), B -2 (Limited Business), B -1 (Neighborhood
Business), CCD (Central Community District) and IBC (Industrial & Business
Campus) Districts. Applicant: City of Monticello (AS)
Community Development Director Schumann reviewed the staff report, stating that this
is primarily a housekeeping item which would allow indoor storage in office uses as
accessory uses in all of the business districts.
Schumann explained that staff had provided a percentage recommendation, just to make
sure the balance and ratio is reasonable between principle uses and accessory use.
The other component of the amendment would allow office uses as accessory to retail.
Almost all businesses have an office component somewhere. Offices are actually
permitted uses in most of these districts, so adding it in as an accessory use seems logical.
Commissioner Spartz opened the public hearing. Hearing no comment, Commissioner
Spartz closed the hearing, and brought it back up for discussion.
COMMISSIONER FYLE MOVED TO RECOMMEND APPROVAL FOR
ORDINANCE NUMBER 570. MOTION SECONDED BY COMMISSIONER SALA.
MOTION CARRIED 4 -0.
8. Public Hearing - Consideration of an amendment to Section 4.1- Landscapin2 and
screening to allow and regulate Native Landscapes. Applicant: City of Monticello
12
Planning Commission Minutes — 12/4/12
(Intern EE)
Community Development Intern Ellen Eden presented the staff report for the proposed
amendment. Eden stated that with widespread increased interest in native prairie
treatments, the proposed amendment responds to this interest while at the same time
finding a way to place parameters and boundaries to ensure the preservation of the
aesthetic quality of Monticello's yards.
Eden cited the benefits of adopting such an ordinance, including water conservation, less
usage of and in many instances no fertilizers and pesticides, and more choices for
residents in selecting landscape and lawn coverings. Native landscaping will also help
prevent soil erosion.
Currently, Eden indicated that the City's ordinance does not allow for plant growth in
excess of six inches in height. While these standards would not on their own prohibit the
flexibility to install native treatments as a landscaping option, the City Code also includes
public nuisance provisions which would prohibit native lawn coverings. The Public
Nuisance ordinance restricts the height of grasses, for example.
Eden stated that staff recognizes that native planting areas must be managed in order to
avoid nuisance issues. In order for prairie grasses to be allowed, no noxious weeds are to
be permitted. In fact, all weeds and turf will be removed in the beginning stages of
prairie restoration. Setbacks will be required; a setback of 5 feet is required for side and
back yards. A 20 foot setback is required for the front yard. The setback can be reduced
to zero if there is: a public park, open space or vacant lot next to the property, if there is
an adjacent wetland, pond, lake or stream, if there is a restoration in an adjoining lot, and
finally if the property is contained within a solid fence constructed according to zoning
guidelines. These setbacks must contain pavement, rock, gravel, wood chip mulch, trees,
shrubs, or regularly mowed turf grass. There should be no overhang no encroachment
onto sidewalks, curb or street areas; soil erosion must be controlled during the transition
period of the restoration. All natural areas must be marked with a sign indicating that a
restoration is in progress. Some companies will provide these and are included in the
total price, or can be made in house for $35 per sign. All natural areas must be mowed
once annually between April 15th and June 1St, to a height no greater than eight inches. It
was discussed among staff that although sometimes burning is beneficial every three
years, it will not be an option at this time until a plan has been established with the fire
department.
Eden stated that the ordinance had been structured such that failure to comply with the
ordinance shall result in cutting of the vegetation by the City of the designated contractor
and the cost will be assessed the property. Prior to registration, landscape plans must be
submitted to the Community Development Director for review and approval. The City
would not be responsible for damage to landscaped areas resulting from public work
improvements or snow removal activities. These guidelines will be clearly stated in the
application process.
13
Planning Commission Minutes — 12/4/12
In addition to these basic regulations, staff would recommend an abbreviated registration
process, by which residents and or businesses would register their property with the City
as a native planting area. Doing so would allow the City to track these locations in a
database, allowing staff to respond appropriately to questions about these properties from
neighbors or interested parties. Staff would suggest that an ordinance for prairie grass is
due and supports an ordinance which provides for native landscapes, while prohibiting
lawns or weeds from being left to `go natural.' Staff recognizes the value in planning for
the needs of citizens and the environment, while at the same time preserving the visual
quality of the City. Staff believes that all three can be accomplished with this ordinance:
we can provide a way for citizens to explore and enjoy the benefits of native landscapes,
while knowing that it is a water -smart transition. However, regulations will be enforced
to ensure quality.
Commissioner Spartz how such an ordinance would impact foreclosed properties. The
other question he had was if the natural landscapes would be allowed in the back yard
and the front yard. Eden responded that both would be allowed, however the setbacks are
wider in the front yard, 20 feet, versus just 5 feet in the back yard. Ron Hackenmueller
answered about the foreclosed properties that whoever owns it would still have to come
forward with a plan and be approved by the Community Development Director, he said
he did not see any problems with the foreclosed properties because he would still have to
enforce the code for a blighted property. Spartz expressed concern that this would
become the new answer for not mowing the yard.
Commissioner Spartz opened up the discussion to the public. Schumann suggested one
small adjustment to the language proposed - that staff would like to see that percentage
higher than 35% allowable per yard, particularly in rear yards, but would defer to the
commission's recommendation.
Commissioner Spartz closed the public hearing and brought it back up to the commission.
Commissioner Fyle expressed concern over neighbors embracing native landscapes. He
stated he would be more comfortable with this ordinance if there was a signed contract
with a maintenance firm so that there is assurance of no noxious weeds. Commissioner
Spartz said that although the City may be moving this direction some day, he does not
think they are there just yet.
Commissioner Spartz asked if there was anything in the amendment that could be
changed to make it more workable. Schumann stated that the setbacks could be
increased, restrict native landscaping to a percentage of the front yard, there is a
consideration that would call for the approval from the neighbors, and a maintenance
provision can be added. Commissioner Spartz indicated he would like to table the
ordinance to allow for some of those potential modifications to be brought back for
review and possible incorporation.
COMISSIONER SALA MOVED TO TABLE THE ACTION ON THE REQUEST
PENDING ADDITIONAL INFORMATION AS IDENTIFIED BY THE PLANNING
COMMISSION AND THE STAFF REPORT. MOTION SECONDED BY
14
Planning Commission Minutes — 12/4/12
COMMISSIONER BURVEE. MOTION CARRIED, 4 -0.
9. Consideration to review and recommend for the expiring terms of Planning
Commissioners and to recommend appointment of Chair and Vice Chair. (AS)
Schumann explained that Commissioner Spartz's term is up in December of 2012, but
fortunately he has offered to serve another term and in addition Commissioner Spartz has
indicated if nominated, he is willing to serve again as chair. Commissioner Fyle also
indicated a willingness to continue service as vice chair. Schumann opened the floor to
the Commission and their nominations.
COMMISSIONER SALA MOVED TO RECOMMEND THE APPOINTMENT OF
COMISSIONER SPARTZ FOR A THREE YEAR TERM ON THE PLANNING
COMMISSION, AND NOMINATING COMMISSIONER SPARTZ FOR CHAIRMAN
AND COMMISSIONER FYLE FOR VICE CHAIR. MOTION SECONDED BY
COMMISSIONER BURVEE. MOTION CARRIED, 4 -0
10. Consideration to set a date for the January Regular Planning Commission
Meetin.(AS)
COMMISSIONER SPARTZ MOVED TO HOLD THE JANUARY PLANNING
TH
COMMISSION MEETING TUESDAY, JANUARY 8 . MOTION SECONDED BY
COMMISSION SALA. MOTION CARRIED, 4 -0.
11. Director's Report
Schumann provided an update on the Safe Routes to School program, stating that
staff, are working in concert with the school district to develop priorities to develop
safe routes to school applications. Schumann stated that they will be looking at in
particular the park and pathway plan, noted that there are some gaps in the pathways
and those gaps may relate to places where children need to get to school and where
the children do not fall within the bussing route. That will be first priority along with
safe crossings. In Monticello there are a number of different barriers to safe
crossings and to look at every opportunity is essential to fund some of those
improvements.
Commissioner Spartz whether any other process could have been undertaken to
avoid some of the negative discussion and decision on the first hearing item.
Schumann responded there is a pre application meeting in which application process
and site details are discussed. The meeting walks through all the formalities from the
types of fees they will encounter, assessments, utilities, grading /drainage, wetlands,
environmental, parks, pathways are all on the list. That is gone through with every
applicant. However, once an application is made, the request becomes subject to the
public process. The public hearing is the forum for the applicant to provide the
15
Planning Commission Minutes — 12/4/12
Commission with their information and for the City to provide an analysis and
decision.
12. Adiourn
COMMISSIONER FYLE MOVED TO ADJOURN THE MEETING AT 8:15 PM.
MOTION WAS SECONDED BY COMMISSIONER SALA. MOTION CARRIED 4 -0.
Recorder: Ellen Eden
Approved: January 8th, 2013
Attest:
Angela Schumann, Community Development Director
16
Planning Commission Agenda — 02/05/13
5. Consideration of a request for amendment to the Official Zoning Map of the Citv of
Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Regional
Business) District. Applicant: Mickle, Bill (AS)
Property: Legal: Lot 4, Block 1, Commercial Plaza 25
Address: 1260 Cedar Street
Planning Case Number: 2013 -002
REFERENCE & BACKGROUND
Request(s): Rezoning the subject parcel from B -3, Highway Business
to B -4, Regional Business
Deadline for Decision: March 12, 2013, (60 days)
Land Use Designation: "Places to Shop"
Zoning Designation: B -3, Highway Industrial
The purpose of the "B -3" (highway business) district is to
provide for limited commercial and service activities and
provide for and limit the establishment of motor vehicle
oriented or dependent commercial and service activities.
Current Site Use: The .94 acre site includes one principal structure of
approximately 13,800 square feet. The property is
presently unoccupied.
Surrounding Land Uses:
North: Commercial strip center, zoned B -3 (Highway Business)
East: Vacant, zoned B -4 (Regional Business)
South: Retail tire sales and service, zoned B -3 (Highway Business)
West: Retail pawn sales, zoned B -3 (Regional Business)
s
Planning Commission Agenda — 02/05/13
Project Description: The applicants wish to rezone the property from B -3 to B -4 to
allow a broader mix of commercial uses in the existing building, in particular office and
clinic uses. Office uses are conditional under the B -3 and clinic uses are not permitted.
The existing building is currently unoccupied. If the rezoning request is approved, the
applicant intends occupy the property with a chiropractic clinic.
Requirements for Zoning Amendments
Chapter 2.4 B (5) Approval Criteria
Recommendations and decisions on zoning amendments shall be based on consideration
of the following criteria:
(a) Whether the proposed amendment corrects an error in the original text or map; or
(b) Whether the proposed amendment addresses needs arising from a changing condition,
trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the Comprehensive Plan.
The subject site is guided for commercial use and more specifically, "Places to Shop ".
Such guided land use designation is consistent with the site's present B -3 and requested
B -4 zoning designation. According to the Comprehensive Plan, "Places to Shop"
designate locations are or can be developed with businesses involved with the sale of
goods and services. "Places to Shop" also guides land uses that are both local and
regional in nature and may include offices for service businesses. In this regard, the
rezoning would be consistent with the goals and objectives of the City's Comprehensive
Plan.
The Commission may recall that as part of the comprehensive revision of the zoning
ordinance and map in 2010, the City contemplated the rezoning of much of the B -3 zoned
properties south of Chelsea Road to B -4 designations. This discussion was related to the
changing nature of commercial development along the corridor from service to a more
classic suburban retail format. However, the City elected to allow property owners to
make such requests individually.
The change from B -3 to B -4 does reflect the City's goals for this area as a retail and
professional business corridor. The B -3 district was specifically intended to support
automotive - oriented business which relied on access provided by heavy - volume corridors
such as that found at the intersection of Highway 25 and Interstate -94. The B -4 District
still provides for automotive uses, but requires them by conditional use permit. In
Planning Commission Agenda — 02/05/13
addition, the B -4 offers a much broader range of commercial uses as either permitted or
conditional uses, which is appropriate for this location.
ALTERNATIVE ACTIONS
Decision 1: Resolution of Recommendation for Rezoning
1. Motion to approve Resolution 2013 -004 recommending that the City Council
approve a zoning ordinance amendment rezoning the subject property from I -2,
Heavy Industrial to B -2, Limited Business, based on findings of fact in said
Resolution.
2. Motion to deny Resolution 2013 -004, based on findings of fact identified and
recorded at the public hearing.
3. Motion to table action on the request for further study.
STAFF RECOMMENDATION
Staff recommends approval of the requested rezoning. As noted in the report narrative,
the rezoning of the subject property is consistent with the goals and objectives of the
City's Comprehensive Plan and appropriate given the emerging development and
redevelopment pattern of the area.
SUPPORTING DATA
A. Resolution 2013 -004
B. Aerial Image
C. Application and Applicant Narrative
D. Official Land Use Map
E. Official Zoning Map
F. Excerpts, Monticello Zoning Ordinance:
• B -3, Highway Business District
• B -4 Regional Business District
• Table 5 -1
W�
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013 - 004
Date: February 5, 2013 Resolution No. 2013 -004
Motion By: Seconded By:
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPTS AN
AMENDMENT TO THE ZONING MAP, REZONING FROM B -3, HIGHWAY
BUSINESS TO B -4, REGIONAL BUSINESS THE FOLLOWING DESCRIBED PARCEL:
LOT 4, BLOCK 1, COMMERCIAL PLAZA 25
WHEREAS, Bill Mickle, as applicant, jointly with ME Properties, LLC as owner, have requested a
rezoning of the property named above; and
WHEREAS, said property is currently zoned B -3, Highway Business District; and
WHEREAS, the applicant proposes that the zoning map be amended to rezone the subject property to
B -4, Regional Business District; and
WHEREAS, the property is designated as "Places to Shop" in the Monticello land use plan; and
WHEREAS, the designation "Places to Shop" accommodates office and related commercial uses as a
permitted use; and
WHEREAS, the proposed zoning would be consistent with the land use plan; and
WHEREAS, the Planning Commission of the City of Monticello finds that the proposed uses of the
property will be consistent with the Comprehensive land use plan and proposed zoning district; and
WHEREAS, the Planning Commission has conducted a public hearing on February 5, 2013 to review
the requests and receive public comment on the rezoning; and
WHEREAS, the Planning Commission finds that the applicant has met the requirements for rezoning
found in the zoning ordinance;
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 #572.
ADOPTED this 5th day of February, 2013 by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By:
William Spartz, Chair
ATTEST:
Angela Schumann, Community Development Director
Consideration to approve a request for amendment to the Official
CITY O
Monticd Zoning Map of the City of Monticello for rezoning from a B -3
(Highway Business) District to a B -4 (Reg.onal Business) District.
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Monticello
CITY OF MONTICELLO
Community Development
505 Walnut Street, Suite 1
Monticello, MN 55362 Land Use Application
(763) 295-2711 . info,ci.monticello.mn.us
I PROPERTY INFORMATION
Property Address
{ CQdoa t- _ 1
3
Property Le al Description
Lot e a
w '
Pronertv ID Number
SS - 63a- Con 1040 , kq5 0
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Owner Name
Owner Address
Owner Phone /Email
ROPERTY OWNER INFORMATION g.
To -I &ksa F.ru"
UO3 Ql'-' Q
( -I b ) 6a 9 _ f ts. q 7/
S S R4
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Applicant Name
APPLICANT INFORMATION
$,x{,(_ Owe Mc
Conditional Use Permit
Applicant Address
_
5 (PI
Planned Unit Development
Applicant Phone /Email
(on)
Collaborative
APPLICATION
—(Check f/ That AepIK _
LAND USE APPLICATION TYPE APPLICATION FEE
_
Administrative Adjustment Not applicable .
*See escrow
statement on
reverse.
Residential
Amendment to Ordinance
_
4 -10 $6,000
Map Amendment (Rezoning)
$200 + escr
$200 + escrow
Text Amendment
Comprehensive Plan Amendment
$200+ escrow
Conditional Use Permit
$200 + escrow
Planned Unit Development
i
Collaborative
$50 + escrow
Concept
$200 + escrow
Development
$200 + escrow
Final
$50 + escrow
Site Plan Review
$200 + escrow
Sketch Plan Review
Not applicable
Subdivision
Simple Subdivision
$200 + escrow
Prelimina Plat
$300 + escrow
Final Plat
$50 + escrow
Variance
$200 + escrow
Vacation Easement or Right of Way)
$200 + escrow
LAND USE APPLICATION PLAN REVIEW ESCROW
Commercial
0 -3 Acres T $2,000
*See escrow
statement on
reverse.
Residential
1 unit
$500 (single-family)
4 -10 $6,000
2 + units
$1000 based + $100 /unit
11+ $10,000
LAND USE APPLICATION FEE & ESCROW CALCULATION
Total Fees from Above $ 206
Total Escrow from Above $ "'1000
TOTAL TO BE PAID AT APPLICATION
Revised 3/9/2012
Property Owners Statement `.:;
am the fee title owner of the described property and I agree to this application. I certify that I am in compliance
with all ordinance requirements and conditions regarding other City approval that have been previously granted.
(Signature) (Date)
Applicant's Statement
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.
w �k / ,#,
1- }U- 13
Applicants Statement Regarding Fees & Escrows
acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received
pertaining to additional application expense and City review.
Date)
Timeline for Review
MN State 15.99 allows a 60 -day review period for final action on a land use application, 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.
0C_r CIVC,ti
LWA
Application Received Date
JAN j 2017
Application Determined Complete Date /By
f
Application Action Deadline Date
60 0 s
120 Days
LWA
Property Owner's Statement' — -- r:
x
I am the fee title owner of the described property and I agree to this application. I certify that I am in compliance
with all ordinaptq requireipil and cgriditions regarding other City approval that have been previously granted.
yer
re) (Date)
Applican'_iTStWdW6'nt
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.
9 x1f ♦ 1
I- Io- 13
Applicant's Statement Regarding Fees &Escrows `.
;,.
All
I acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received
pertaining to additional application expense and City review.
r JI
Ho-(3
Timeline for Review
MN State 15.99 allows a 60-day review period for final action on a land use application, 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.
GREATORIVER
SPINE & SPORT
1 -10 -13
City of Monticello
Community Development
505 Walnut Street, Suite 1
Monticello, MN 55362
Phone: 763 -295 -2711
Reason: Land Use Application/ re -zone
Dear Angela,
I am purchasing the Big Lake Monticello Vet building from Dr. Joel Erickson, property 1260 Cedar Street
Monticello, MN 55362, see description on Land Use Application for more details. It is currently classified
as a B3 zone for an "animal clinic." The reason for this application is to re -zone the building and
property to a B4 zone to allow a "human clinic." If you have any questions or need any further
information, please do not hesitate to call. Thank you for your time.
Sincerely,
Bill E. Mickle, DC, Acupuncturist, EMT
Great River Spine & Sport — Owner
135 Sandberg Road
Monticello, MN
Phone: 763 - 295 -3355
Cell: 651 -238 -2006
Fax: 763 -295 -2208
Great River Spine & Sport
135 Sandberg Road
Monticello, MN 55362
763 -295 -3355
763 - 295 -2208 fax
Great River Spine & Sport
PO Box 277
29th Lake St South
Big Lake, MN 55309
763 - 263 -3470
763 - 263 -5900 fax
Great River Spine & Sport
13952 First Street
Becker, MN 55308
763 -261 -4848
763 -262 -0568 fax
r�
Legend
BASE ZONING DISTRICTS
Residential Districts
Business Districts
Low Residential Densities
R -1
- A -D
R -2
0 R -A
- R -3
R -1
- R -4
Medium Residential Densities
- CCD
T -N
R-2
Industrial Districts
I I R -PUD
IBC
- 1 -1
High Residential Densities
- 1 -2
R -3
= M -H
OVERLAY DISTRICTS
Performance Based Overlay District
Special Use Overlay District
Mississippi Wild, Scenic & Rec Overlay District
Shoreland District
� - - - -', Freeway Bonus Sign District
OTHER
= Water
--- - - - - -i
-- - - - - --
City of Monticello
Official Zoning Map
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tl Data Source: Mu DNR, Sherburne County, Wright k] ■ e � I P ' ': � Le��� - =
c
eouory, aoawsR &nssooares. N—ber i, 2011 �,� ° '�. � �...� °
1
Pelrc an Lake
Amended by City C—dl Resolution 2011 -92, September 26, 2011
Legend
Places to Live
iPlaces to Shop
iPlaces to Work
iPlaces to Recreate
iPlaces for Community
iDowntown
iMixed Use
iInterchange Planning Area
Urban Reserve
iInfrastructure
Rivers and Streams
SPublic Waters Inventory
'.'.'•`�'.... Wetlands (National & Public Waters Inventories)
Potential Greenway
OPotential Interchange
E] Future Bridge
^I Existing Arterial or Collector Road
Pro posed A rterial or Collector Road
Powerline
Monticello City Boundary
Orderly Annexation Area
Land Use Plan
Birch
Lake
i B
�I � � -
•. a � �'C tl �
��—
BerYraml �
- •
� a� � �
Lake ' to
Amended by City C—dl Resolution 2011 -92, September 26, 2011
Legend
Places to Live
iPlaces to Shop
iPlaces to Work
iPlaces to Recreate
iPlaces for Community
iDowntown
iMixed Use
iInterchange Planning Area
Urban Reserve
iInfrastructure
Rivers and Streams
SPublic Waters Inventory
'.'.'•`�'.... Wetlands (National & Public Waters Inventories)
Potential Greenway
OPotential Interchange
E] Future Bridge
^I Existing Arterial or Collector Road
Pro posed A rterial or Collector Road
Powerline
Monticello City Boundary
Orderly Annexation Area
Land Use Plan
Section 3.5 (E)
B-3 Highway Business District
The purpose of the "B-3" (highway business) district is
to provide for limited commercial and service activities
and provide for and limit the establishment of motor
vehicle oriented or dependent commercial and service
activities.
Base Lot Area
0 No minimum
Base Lot Width
• Minimum = 100 ft.
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (E) B-3: Highway Business District
Typical B-3 Building Types
} AIR
Typical B-3 Lot Configuration r' ` _ I
City of Monticello Zoning Ordinance Page 109
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (E) B-3: Highway Business District
. .
REQUIRED YARDS (in feet)
Max Height (stories Max Floor Area Max Impervious (%
Front Interior Street Rear / feet) Ratio (FAR) of gross lot area)
Side Side
2 stories
All Uses 30 10 20 30 30 feet (Reserved) (Reserved)
[1]: Multi -story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in Title 4, Chapter I of the Monticello City Code.
Accessory
Structures See Section 5.3(B) for all general standards and limitations on accessory structures.
4 ■ Section 3.3, Common District Requirements
Other a ■ Section 3.5(B), Standards Applicable to All Business Base Zoning Districts
Regulations I ■ Section 4. 1, Landscaping and Screening Standards
to Consult m Section 4.5. Signs
(not all i ■ Section 4.8, Off -Street Parking
inclusive) Section 4.9, Off -Street Loading
■ Section 4.1 I. Building Materials
is 20 foot street side yard setback and 30 foot front
yard setback
z. Hotel as a conditionally permitted use
3. Commercial parking lot broken up by
landscaping islands every a4 spaces
+ 30 foot rear yard structural
setback
5. Car dealership lot
exempt from vehicular
use area landscaping
requirements
0.3a foot front yard structural setback
Minfmurn lot width of ioo feet
3.10 foot interior side yard setback
Page 110 City of i'Vionticello Zoning Ordinance
Section 3.5 (F)
B_4 Regional Business District
The purpose of the `B-4" regional business district is to
provide for the establishment of commercial and service
activities which draw from and serve customers from the
entire community or region.
Base Lot Area
• No minimum
Base Lot Width
• No Minimum
Typical B-4 Lot Configuration
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (F) Regional Business District
Typical B-4 Building Types
IA
iD
City of Monticello Zoning Ordinance Page
CHAPTER 3: ZONING DISTRICTS
Section 3.5 Business Base Zoning Districts
Subsection (F) Regional Business District
TABLE 3-13: B-4 DEVELOPMENT STANDARDS
% Fast food restaurants with drive through lanes meeting a
6'setback from the property line
z: No minimum or maximum width or depth
requirements in the 9-4 district
3- Bix box store with a maximum
height of 30 feet without a
conditional use permit
4 h9inimum 40 feet ��/'� *"t , • 1
between entry r
points, and 6
parkin; bays - -,
between landscaping
islands that accommodate
pedestrians
' 4 M3
czb
_
4JOP
5.25 stall maximum before landscaping islands are required
6. Parking areas may be shared between two uses if approved by a conditional use permit
Paws, I I ? City of Monticello Zonin; Ordinance
REQUIRED YARDS t feet) Max Height (stories
` Interior Street
Front Side Side Rear / feet)
Max Floor Area
Ratio (FAR)
I Max Impervious (%
of gross lot area)
2 stories
All Uses
0 0 0 0 i 30 feet
[ [I]
(Reserved)
(Reserved)
[1]: Multi -story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in Title 4, Chapter I of the Monticello City Code.
Accessory
Structures (
See Section 5.3(B) for all general standards and limitations on accessory structures.
■ Section 3.3. Common District Requirements
Other
Section 3.5(B), Standards Applicable to All Business Base Zoning Districts
Regulations
Section 4.1. Landscaping and Screening Standards
to Consult
Section 4.5. Signs
(not all
Section 4.8, Off -Street Parking
inclusive)
Section 4.9. Off -Street Loading
■ Section 4.1 1. Building Materials
% Fast food restaurants with drive through lanes meeting a
6'setback from the property line
z: No minimum or maximum width or depth
requirements in the 9-4 district
3- Bix box store with a maximum
height of 30 feet without a
conditional use permit
4 h9inimum 40 feet ��/'� *"t , • 1
between entry r
points, and 6
parkin; bays - -,
between landscaping
islands that accommodate
pedestrians
' 4 M3
czb
_
4JOP
5.25 stall maximum before landscaping islands are required
6. Parking areas may be shared between two uses if approved by a conditional use permit
Paws, I I ? City of Monticello Zonin; Ordinance
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of.Use Table Structure
PermittedUse Types
Conditionally"I" = Interim Permitted •
Residential Uses
..
-.
5.2(C)(1)
Attached Dwelling Types
5.2(C)(2)(a)
- Duplex
P
C
5.2(C)(2)(b)
- Townhouse
C
P
5.2(C)(2)(c)
- Multiple -Family
C
P
C
P
5.2(C)(2)(d)
Detached Dwelling
P
P
P
P
P
P
None
Group Residential Facility,
Single Family
P
P
P
P
P
5.2(C)(3)
Group Residential Facility,
Multi -family
C
C
5.2(C)(3)
Mobile & Manufactured Home /
Home Park
C
C
P
C
C
5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities (public)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
None
Active Park Facilities (private)
P
P
P
P
P
P
P
5.2(D)(1)
Assisted Living facilities
C
P
C
P
C
5.2(D)(2)
Cemeteries
C
C
C
C
C
C
5.2(D)(3)
Clinics/Medical Services
C
P
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
P
C
5.2(D)(4)
Nursing/Convalescent Home
C
C
C
C
C
C
C
C
P
P
P
5.2 D 5
Passenger Terminal
C
C
C
C
C
None
Passive Parks and Open Space
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
None
Public Buildings or Uses
C
C
C
C
C
C
P
C
C
P
P
P
C
P
P
5.2(D)(6)
Schools, K-12
C
C
C
C
P
C
I
I
5.2(D)(7)
Schools, Higher Education
C
C
None
Place of Public Assembly
C
C
C
C
P
C
5.2(D)(8)
Utilities (major)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
5.2(D)(9)
Office Uses
Offices
P
P
C
P I
P
P
P
P
5.2(E)
City Zci).7m; Ordinance Page 305
CHAPTER S: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
TABLE 5- 1: USES BY DISTRICT
Use Types
Permitted Additional
., CI
Conditionally]B F1 T Requirement
Permitted •
r
Commercial Uses
Adult Uses
P
P
3.7(K)
Auction House
C
5.2(F)(2)
Auto Repair— Minor
C
C
C
P
P
5.2(F)(3)
Automotive Wash Facilities
P
C
C
5.2(F)(4)
Bed & Breakfasts
C
C
C
C
C
5.2 F 5
Boarding House
C
5.2F 6
Business Support Services
P
P
P
P
P
P
none
Commercial Lodging
C
P
C
P
5.2 UF 07
Communications/Broadcasting
P
P
P
P
5.2(F)(8)
Convenience Retail
C
P
P
P
5.2(F)(9)
Country Club
C
5.2(F�(1 1)
Day Care Centers
C
I C
P
P
P
C
5.2 F 12
Entertainment/Recreation,
Indoor Commercial
p
p
C
C
5.2(F)(13)
Entertain ment/Recreation,
Outdoor Commercial
C
C
C
C
C
5.2(F)(I4)
Financial Institution
P
C
P
P
5.2 F 15
Funeral Services
P
P
P
5.2(U"16
Kennels (commercial)
C
5.2 F17
Landscaping/ Nursery Business
P
5.2(F�"18
Personal Services
C
P
P
P
P
5.20(22)
Recreational Vehicle Camp Site
C
5.2(F)(24)
Repair Establishment
C
P
P
P
P
P
5.2(F)(25)
Restaurants
C
P
P
P
C
5.20(26)
Retail Commercial Uses (other)
P
P
P
P
5.2 Q(27)
Specialty Eating Establishments
C
P
P
P
P
5.2(F)(28)
Vehicle Fuel Sales
C
C
C
C
5.2 F29
Vehicle Sales and Rental
C
C
5.2(F)(30)
Veterinary Facilities (Rural)
C
5.20(31)
Veterinary Facilities
(Neighborhood)
C
C
C
C
5.20(3 I)
Wholesale Sales
P
P
P
none
Page 306 City of Monticello Zoning Ordinance
CHAPTERS: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Industrial Uses
COMMUNITYmini
Auto Repair — Major
Types
PermittedUse
Exceptions
Additional
Conditionally.
F- 11] F-2 F-3 L
"I" =
Requirements
Interim Permitted I
Retail Sales < 10,000 SF P P C C none
5.2 F27
Retail Sales > 10,000 SF
C
C
C
P
P
5.2(Gl(I )
Bulk Fuel Sales and Storage
P
P
C
L-2: NA first floor,
5.2 1`)(2 1
Including Financial Institutions
CUP upper floors
5.2 F15
P
P
5.2(G)(2)
Extraction of Materials
I
Personal Services
P
P
P
P
CUP upper floors
5.2(_F)(22)
I
I
5.2(G)(3)
General Warehousing
P
C
C
L-2: NA first floor,
5.2(F)(27)
C
CUP upper floors
C
P
P
5.2(G)(4)
Heavy Manufacturing
C
L-2: NA first floor,CUP
5.2(F)(20)
upper floors
C
5.2(G)(5)
Industrial Services
C
P
5.2G 8
Land Reclamation
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
5.2(Gl(6)
Light Manufacturing
C
P
P
P
5.2(Gl(7)
Machinery/Truck Repair & Sales
P
P
5.2(G)(8)
Recycling and Salvage Center
C
C
5.2(G"9
Self Storage Facilities
P
C
P
5.2 G 10
Truck or Freight Terminal
C
P
P
5.2 G1 1
Waste Disposal & Incineration
C
5.2(G)(l 2)
Wrecker Services
C
P
5.2(G)(I 3)
TABLE 5- 1 A: CENTRAL
Types
PermittedUse
Exceptions
Additional
Conditionally.
F- 11] F-2 F-3 L
"I" =
Requirements
Interim Permitted I
Retail Sales < 10,000 SF P P C C none
5.2 F27
Retail Sales > 10,000 SF
P
C
C
none
5.2(U 27�
Professional Office -Services
P
P
P
C
L-2: NA first floor,
5.2 1`)(2 1
Including Financial Institutions
CUP upper floors
5.2 F15
L-2: NA first floor,
Personal Services
P
P
P
P
CUP upper floors
5.2(_F)(22)
L-3: CUP
Retail with Service
P
C
C
L-2: NA first floor,
5.2(F)(27)
CUP upper floors
Commercial Offices —Principal
C
P
P
C
L-2: NA first floor,CUP
5.2(F)(20)
upper floors
City of Monticello Zoning Ordinance Page 307
6.
Planning Commission Agenda — 2/05/12
Consideration of a request for a rezoning of the former Monticello Dodge property
from B -3, Highway Business to B -4, Regional Business. Applicant: Northern
States Power Co. (NAC)
Property: 3801 Chelsea Road; Lot 1, Block 1 901h Street 2nd Addition
Fully developed parcel formerly occupied by car
dealership. Building of approximately 40,000 square feet
and extensive paved parking/vehicle display area.
Planning Case Number: 2013-004
REFERENCE & BACKGROUND
Request(s): Rezoning (Zoning Map Amendment) from B -3 to B -4
Deadline for Decision: March 12, 2013
Land Use Designation: Places to Shop
Zoning Designation: B -3, Highway Business
The purpose of the `B -3" (highway business) district is to
provide for limited commercial and service activities and provide
for and limit the establishment of motor vehicle oriented or
dependent commercial and service activities. Office uses are
allowed in the district by Conditional Use Permit
Current Site Use: Property is occupied by a 40,000+ square foot building
previously utilized as an automobile dealership. The
applicant for this rezoning has been utilizing the building
under a temporary permit which had expired in 2012.
Surrounding Land Uses:
North: I -94
East: Automobile dealership
South: Vacant commercial property
West: Outdoor sports vehicle dealer
Planning Commission Agenda — 2/05/12
Project Description: The applicant proposes to use the property for office space,
including conference rooms, training space, and computer
lab. Office use of this sort is a permitted use in the B -4
zoning district.
Ordinance Requirements: For rezoning, the zoning ordinance applies the following
standards:
(a) Whether the proposed amendment corrects an error in the
original text or map; or
(b) Whether the proposed amendment addresses needs arising
from a changing condition, trend, or fact affecting the
subject property and surrounding area; or
(c) Whether the proposed amendment is consistent with
achieving the goals and objectives outlined in the
comprehensive plan.
Rezoning. The proposal reflects items (b) and (c) relating to the requirements for a
zoning map amendment. The changing condition relates to economic factors over the
past several years that have led to diminished market for automobile dealerships and
automobile - related commercial development. The City may take note that the previous
zoning ordinance provided for a broader range of uses in the B -3 District, and that zoning
dominated the commercial corridors south on I -94. Since the update to the ordinance, the
B -3 district reflects a much more restricted range of uses, and it is not unexpected that
this proportion of this district on the City's zoning map would likewise be diminished.
This same zoning action has been seen on a variety of other properties in the area.
With regard to the comprehensive plan, the land use direction in the plan identifies this
area as "places to shop ", a commercial designation that specifically includes uses that are
not retail in nature, such as office space. The proposed use is consistent with that
designation, and further, is consistent with long range land use expectations for the
property along Chelsea Road, both north and south of I -94.
While some properties may retain their B -3 designation, there is little conflict between
highway commercial and regional commercial uses. Both draw their customers and /or
employees from wide areas, as opposed to highly localized service areas. Both benefit
from high- exposure sites, and can be high traffic generators.
Performance Standards. The proposed use will occupy the existing 40,000 square foot
building, and utilize the site as it exists. The property is served by well over 400 parking
Planning Commission Agenda — 2/05/12
spaces in the existing parking lot and what was formerly automobile vehicle display. The
zoning ordinance would require only about 160 spaces to support the existing building.
All other site improvements, including the parking area, are proposed to remain in place
as a part of Xcel's permanent occupancy of the site. Those improvements appear to meet
the zoning standards.
ALTERNATIVE ACTIONS
Decision 1: Resolution of Recommendation for Rezoning
1. Motion to approve Resolution 2013 -005 recommending approval of an ordinance
that will rezone the subject property from B -3, Highway Business to B -4,
Regional Business.
2. Motion to deny Resolution 2013 -005 recommending for a rezoning of the subject
property, based on findings to be made by the Planning Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning as proposed. The proposed zoning is
supported by the Comprehensive Plan, and meets the criteria of the ordinance for
consideration of such applications. In addition, the proposed use appears to be generally
consistent with the applicable standards of the proposed zoning district, and should be
compatible with surrounding land uses.
SUPPORTING DATA
A. Resolution 2013 -005
B. Aerial Image
C. Applicant Narrative
D. Zoning Map (provided with previous Item 5)
E. Comprehensive Plan (provided with Item 5)
F. Excerpts, Monticello Zoning Ordinance: (provided with Item 5)
• B -3, Highway Business District
• B -4 Regional Business District
G. Table 5 -1
Wi
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013 - 005
Date: February 5, 2013 Resolution No. 2013 - 005
Motion By: Seconded By:
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPTS AN
AMENDMENT TO THE ZONING MAP, REZONING FROM B -3, HIGHWAY
BUSINESS TO B -4, REGIONAL BUSINESS THE FOLLOWING DESCRIBED PARCEL:
LOT 1, BLOCK 1, 90' STREET 2ND ADDITION
WHEREAS, Northern States Power Company as applicant, jointly with CP Monticello III RE
Holdco LLC as owner, have requested a rezoning of the property named above; and
WHEREAS, said property is currently zoned B -3, Highway Business District; and
WHEREAS, the applicant proposes that the zoning map be amended to rezone the subject property to
B -4, Regional Business District; and
WHEREAS, the property is designated as "Places to Shop" in the Monticello land use plan; and
WHEREAS, the designation "Places to Shop" accommodates office and related commercial uses as a
permitted use; and
WHEREAS, the proposed zoning would be consistent with the land use plan; and
WHEREAS, the Planning Commission of the City of Monticello finds that the proposed uses of the
property will be consistent with the Comprehensive land use plan and proposed zoning district; and
WHEREAS, the Planning Commission has conducted a public hearing on February 5, 2013 to review
the requests and receive public comment on the rezoning; and
WHEREAS, the Planning Commission finds that the applicant has met the requirements for rezoning
found in the zoning ordinance;
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 9573.
ADOPTED this 5th day of February, 2013 by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By:
William Spartz, Chair
ATTEST:
Angela Schumann, Community Development Director
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•■
CITY OF MONTICELLO
Community Development
505 Walnut Street, Suite 1
Monticello, MN 55362
M Land Use Application o[i.montice!lo.mn us
M1 48009
3801 Chelsea Road, Monticello, IHN
'Lot 1, Block 190' Street 2ad Addition '
155 -128- 001010
Pr Address
Property Legal Description
Property ID Number
Owner Name
GP Monticel:o W RE Ho'dco LLC
Owner Address
401 S. Old Woodward Avenue, Ste 300,Birmingham
Owner Phone /Email
561- 972 -5690 /wmoor @corepointegroup.com
Ai licant Name
Northern States Power Company
Applicarit Address
414 Nicollet Mall, Minneapolis, MN 55401
Applicant Phone/Email
(612 330 -1909 / 1 a.m. atxner xcelarter .ee
M1 48009
Commercial *See escrow Residential
0 -3 Acres 2000 stotementon 1 unit $500 (single -farnil
4-10, $6.000 reverse. 2 + units 1000 based + 100 unit
11+ $10 '
Revised 3/9/2012
Administrative Adjustment
Not aWicable
Amendment to Ordinance
Map Amendment (Rezoning)
$200+escrow
Tent Amendment
$200 + escrow
Comprehensive Plan Amendment
$200 + escrow
Cond itlonal Use Permit
$200 + escrow
Planned Unit Development
Collaborative
$50 + escrow
Concept
$200 + escrow
Development
$200 + escrow
Final
$50 + escrow
Site Plan Review
$200+escrow
Not applicable
_
Sketch Plan Review
Subdlvlsion
Simple Subdivision
$200 + escrow
$300 + escrow
Preliminary Plat
Final Plat
$50 + escrow
Variance
$200 + escrow
Vacation (Easement or Rfi ht of Way )
$200 + escrow
Commercial *See escrow Residential
0 -3 Acres 2000 stotementon 1 unit $500 (single -farnil
4-10, $6.000 reverse. 2 + units 1000 based + 100 unit
11+ $10 '
Revised 3/9/2012
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.
I acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received
pertaining to additional application expense and City review.
;ivnafi �rd1 1-
Timeline for Review
MN State 15.99 allows a 60 -day review period for final action on a land use application, 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 bytheCommunity 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 origlnai 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 Citys 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 o n action to assess or lien. Payment of costs will be required whether the application is granted or denied.
L�
Application Received Date
JAN 2012
Application Determined Complete Date/By
1
Application Action Deadline Date
Days Daysl 120 Days
L�
The applicant proposes to purchase the property at 3801 Chelsea Road in Monticello (the
"Property "). The Property had previously been used as a car dealership and lies within the B -3
(Highway Business) zoning district. The applicant asks that the Property be rezoned B -4 by
extending the adjacent B -4 (Regional Business) zoning district to include the Property,
The proposed rezoning is entirely consistent with the City of Monticello's 2008
Comprehensive Plan, which guides the Property and neighboring areas south of Interstate
Highway 94 as one of the City's "Places to Shop." The Comprehensive Plan states that these
areas are to be used and developed by businesses involved with the sale of goods and services.
"Places to Shop may include offices for service businesses," according to the Comprehensive
Plan at page 3 -13. Both the B -3 and the B -4 districts are within the "Places to Shop" areas
shown in the Comprehensive Plan.
The B -3 zoning district is a relatively limited commercial district. According to the
zoning code, the B -3 District is to provide limited commercial and service activities. The B -3
district is also specifically businesses that are oriented toward motor vehicles. Office uses are a
conditional use in the B -3 district. By contrast, the B -4 zoning district permits a greater variety
of commercial and service activities and specifically allows offices as a permitted use.
The applicant proposes to use the Property as office space, which will include conference
rooms for internal meetings and training and a large computer lab. For these reasons, the
applicant asks that the Property be rezoned so that future commercial uses will be permitted
under the zoning code, rather than conditional uses.
53016252
Application of Northern States Power Company
Map Amendment (Rezoning)
3801 Chelsea Road, Monticello, MN
January 11, 2013
The applicant proposes to purchase the property at 3801 Chelsea Road in Monticello (the
"Property "). The Property had previously been used as a car dealership and lies within the B -3
(Highway Business) zoning district. The applicant asks that the Property be rezoned B -4 by
extending the adjacent B -4 (Regional Business) zoning district to include the Property.
The proposed rezoning is entirely consistent with the City of Monticello's 2008
Comprehensive Plan, which guides the Property and neighboring areas south of Interstate
Highway 94 as one of the City's "Places to Shop." The Comprehensive Plan states that these
areas are to be used and developed by businesses involved with the sale of goods and services.
"Places to Shop may include offices for service businesses," according to the Comprehensive
Plan at page 3 -13. Both the B -3 and the B -4 districts are within the "Places to Shop" areas
shown in the Comprehensive Plan.
The B -3 zoning district is a relatively limited commercial district. According to the
zoning code, the B -3 District is to provide limited commercial and service activities. The B -3
district is also specifically businesses that are oriented toward motor vehicles. Office uses are a
conditional use in the B -3 district. By contrast, the B -4 zoning district permits a greater variety
of commercial and service activities and specifically allows offices as a permitted use.
The applicant proposes to use the Property as office space, which will include conference
rooms for internal meetings and training and a large computer lab. For these reasons, the
applicant asks that the Property be rezoned so that future commercial uses will be permitted
under the zoning code, rather than conditional uses.
5301625_2
Wright County, MN CObeacon TM
Date Created: 1/9/2013
Parcel ID 155018 Alternate ID n/a owner Address n/a
Sec/Twp /Rng n/a Class n/a
Property Address Acreage n/a
District n/a
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 1/8/2013 9:01:31 AM
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Planning Commission Agenda - 02/05/13
Consideration to approve a request for Conditional Use Permits for cross - parking
and cross - access for a retail use in a B -4 (Regional Business) District. (AS)
Property: Lot 1, Block 1, Monticello Business Center 4th Addition
The site is located east of Cedar Street and south of School
Boulevard.
Planning Case Number: 2013 -002
REFERENCE & BACKGROUND
Request(s): Conditional Use Permits for cross parking and access
Deadline for Decision: March 8th, 2013 (60 days)
Land Use Designation: Places to Shop
Zoning Designation: B -4, Regional Business
The purpose of the "B -4" regional business district is to
provide for the establishment of commercial and service
activities which draw from and serve customers from the
entire community or region.
Current Site Use: Vacant Property
Surrounding Land Uses:
North: Vacant, zoned B -4 (Regional Business)
East: Commercial retail ( Walmart), zoned B -4 (Regional
Business)
South: Commercial retail ( Walmart) parking, zoned B -4 and
residential M -H (Mobile and Manufactured Home Park)
West: Commercial retail, zoned B -4 (Regional Business)
Project Description:
The applicant has requested conditional use permits necessary to provide required
parking and access for the development of a 8,000 square foot retail building. The
development site is a .76 acre lot directly adjacent to the Walmart Supercenter site.
9
Planning Commission Agenda — 02/05/13
Analysis:
Retail uses are permitted in the B -4 District, therefore the proposed use — a Dollar Tree
retail store, is permitted at this B -4 zoned location.
The entire development site, including both the Walmart lot and the subject lot, were
originally platted as one lot with the Monticello Business Center 3rd Addition. The
subject lot was originally intended to serve as a development site for an accessory use to
the Walmart retail use. However, in 2007, the property owner platted this area as a
separate development parcel under the plat of Monticello Business Center 4th Addition.
In both the original and subsequent platting and development review, a shared access
point was contemplated for this area. As such, the development of Lot 1, Block 1 of the
4th Addition requires a conditional use permit to allow for the cross access
implementation.
In addition to the cross access, the site plans submitted by the applicant illustrate a 40
stall parking requirement based on an 8,000 square foot building. The site plan
accommodates 34 of the required spaces on site and utilizes 6 additional stalls on the
Walmart property to meet code requirements. Thus, the development of the site as
proposed requires a conditional use permit for cross parking.
Conditional Use Permit Analysis:
The zoning ordinance stipulates that recommendations and decisions on conditional use
permits for shared parking and access be based on consideration of the following overall
CUP criteria.
The conditional use will not substantially diminish or impair property values within
the immediate vicinity of the subject property;
Comment: Compliant.
• The conditional use will not be detrimental to the health, safety, morals, or welfare of
persons residing or working near the use;
Comment: Compliant.
• The conditional use will not impede the normal and orderly development of
surrounding property for permitted uses predominant in the area;
Comment: The subject site is guided for commercial uses. The proposed use is
consistent with site guidance and with existing surrounding retail and commercial
uses.
Planning Commission Agenda — 02/05/13
• The conditional use will not pose an undue burden on public utilities or roads, and
adequate sanitary facilities are provided;
Comment: Compliant, existing. The development of this site as a commercial use
was anticipated and reviewed with previous applications for its impact on roads and
utilities. Additional comments related to site - specific utility service are as noted
below by the City Engineer.
• The conditional use can provide adequate parking and loading spaces, and all storage
on the site can be done in conformance with City code requirements;
Comment: The building is proposed at 8,000 square feet. No interior floor plan was
provided. The code requires 1 parking space per 200 square feet of retail area. A
parking calculation based on the 8,000 square feet yields a stall requirement of 40
spaces. The applicant has provided the required 40 stalls, with 34 of the stalls on -site,
including the two required ADA stalls. Six stalls are proposed for use on the
Walmart site, under the cross - parking agreement. The Walmart site has 1013 stalls, a
more than adequate supply to meets its code - required 913 stalls and provide the
needed 6 stalls for cross - parking. In addition, the stalls the applicant is seeking to
utilize for cross parking are in a location most suited to potential customer use for the
Dollar Tree site (beyond those on its own site).
However, due to the applicant site's deficiencies in landscaping requirements,
discussed later in this report, it is staff's recommendation that two stalls be removed
from the north side of the westernmost parking magazine. The zoning ordinance
allows parking calculations to be based on an interior floor dimension, with
restrooms, office and storage areas calculated at a reduced requirement. Therefore, it
is unlikely that the full 40 stalls will be required at build -out.
The removal of the two stalls will increase the area available for landscaping at the
northwestern corner of the site, and will allow the applicant to meet the code
requirement for a 6' perimeter vehicular buffer. In addition, the removal lessens the
encroachment into the drainage and utility easement area along the west property line.
• The conditional use will not result in any nuisance including but not limited to odor,
noise, or sight pollution;
Comment: Compliant.
• The conditional use will not unnecessarily impact natural features such as woodlands,
wetlands, and shorelines; and all erosion will be properly controlled;
Comment: Compliant. The applicant has provided a grading and erosion control
plan subject to the review of the City Engineer and providing for protection of the
existing stormwater pond during and after construction. No other woodlands,
wetlands or shorelands are impacted by the project.
W1
Planning Commission Agenda — 02/05/13
The conditional use will adhere to any applicable additional criteria outlined in
Chapter 5 for the proposed use.
Comment: No other criteria are applicable for the retail use.
Concurrent with the CUP analysis, a site plan analysis has been completed for the
proposed use.
Site Design
The majority of conditions recommended in Exhibit Zs relate to the site's parking area
design. The .76 acre development site design is compact, accommodating the maximum
amount of parking stalls on site. The parking field is located at the front of the store,
which faces Cedar Street.
A 6' sidewalk has been provided directly adjacent to the front entrance. For accessibility
purposes, staff would recommend widening the front sidewalk to 8' and the elimination
of the parking bumpers. An ADA- compliant pedestrian ramp at the entrance is also
required. The widening of the front sidewalk will result in the narrowing of either the
parking drive aisles or the length of the stalls in the westernmost parking magazine. A 5'
sidewalk also runs along the southern side of the building.
At the rear of the building, the applicant proposes to install a curbline closing the current
access entry from the Walmart parking field. To eliminate the appearance of a "dead -
end" access point, staff would recommend that the applicant work with the adjacent
property owner to develop an alternative design, either through curb modifications and /or
landscaping.
It is also recommended that the development site provide an internal sidewalk connection
to an adjacent sidewalk or pathway. Therefore, staff recommends that the site plan be
revised to accommodate a connection to the existing sidewalk located on the east side of
Cedar Street.
Landscaping
The applicant has provided for landscaping area at the edges of the site. A planting bed
exists on the northwest corner of the site, with two perimeter planting areas provided on
the north and south sides of the site. Overall, the landscaping plan is short on required
canopy and shrub plantings.
Code requirements:
Planning Commission Agenda — 02/05/13
As noted earlier, staff would recommend the elimination of two parking stalls at the
northwest corner of the site to allow for an expansion of the proposed planting area. In
addition, staff recommends the addition of green space area at the northeast corner of the
site/building to allow for a taller ornamental or evergreen planting to break up the
appearance of the uninterrupted wall on the north building face, visible from School
Boulevard. The ornamental trees provided on the site can be used to offset the need for
one of the two additional canopy trees required on the site.
The species and sizes of landscaping elements proposed meet code requirements.
Building Design
The building materials are consistent with code requirements. The building exterior is
proposed to be constructed of stucco - finish cement board panels with a split -face
masonry block base and pre - finished metal roofline caps. The front of the building will
include a good deal of window and door glass. Variation to the front entrance and
4
Base Code
Perimeter
Total Required
Total
Requirement
Vehicular Buffer
Provided
Canopy
10 ACI per acre*
8 ACI per 100' of
10 ACI
1 tree = 2 ACI
Trees
= 7.6 ACI
buffer length
*Must include
one evergreen
Ornamental
None
None
None
5 trees =
Trees
Approx. 7.5
ACI
Shrubs
I shrub per 10'
None
35
24
of building
perimeter
Green
None
6' green space
6' provided on
space
buffer between
southwest
parking field and
corner, none
public street
provide at
northwest
corner
As noted earlier, staff would recommend the elimination of two parking stalls at the
northwest corner of the site to allow for an expansion of the proposed planting area. In
addition, staff recommends the addition of green space area at the northeast corner of the
site/building to allow for a taller ornamental or evergreen planting to break up the
appearance of the uninterrupted wall on the north building face, visible from School
Boulevard. The ornamental trees provided on the site can be used to offset the need for
one of the two additional canopy trees required on the site.
The species and sizes of landscaping elements proposed meet code requirements.
Building Design
The building materials are consistent with code requirements. The building exterior is
proposed to be constructed of stucco - finish cement board panels with a split -face
masonry block base and pre - finished metal roofline caps. The front of the building will
include a good deal of window and door glass. Variation to the front entrance and
4
Planning Commission Agenda — 02/05/13
roofline is also proposed, breaking up the facade and providing front interest detail. Only
the front side of the building contains windows, vertical elements, and roofline variation.
However, landscape elements will provide a visual interruption along the south side of
the building and cement board color banding is proposed for all building sides. The
proposed trash enclosure will be incorporated into the east (rear) side of the building.
The door materials of the enclosure have not been specified and as such, staff
recommends that the door be constructed of durable, maintenance free materials.
The color elevations provided illustrate warm earth tones with gray tinted glass and green
color bands.
Lighting
The plans submitted illustrate only a limited amount of ingress /egress lighting. A
photometric lighting plan will be required at building permit to ensure code compliance
No parking lot lighting standards are proposed with this application.
Signage
No free- standing signage is proposed with this application. The applicant indicates an
intent to rely solely on wall signage. At this time, the applicant is proposing to utilize the
front facade for signage, illustrating a sign of approximately 47 square feet. Based on the
exterior elevations, this building is allowed up to 257 square feet of wall signage. All
signage is subject to code requirements at the time of sign permit application.
Access
As noted above, the site gains its access from the northernmost existing access on Cedar
Street. This results in a cross - access situation requiring a Conditional Use Permit. At
the time of platting and site review for the Walmart development, the access into the
proposed Dollar Tree site was set from the internal drive aisle. The site plan proposed
utilizes the access configuration as previously reviewed and approved. Drive aisle
configuration through the Walmart site also provide additional access points from Cedar
Street.
As a condition of approval, the applicant will be required to provide a copy of the
recorded cross - easement agreement between Lot 1, Block 1, Monticello Business Center
4th Addition and Lot 1, Block 1, Monticello Business Center 3rd Addition.
4
Planning Commission Agenda — 02/05/13
Utilities, Grading and Drainage
The City Engineer has reviewed this application. The Engineer's comments are
incorporated within Exhibit Z.
ALTERNATIVE ACTIONS
Decision 1: Recommending Conditional Use Permits for Cross Parking and Access
for Lot 1, Block 1, Monticello Business Center 4th Addition
Motion to approve Resolution 2013 -006, recommending approval of Conditional
Use Permits for Cross Parking and Access for Lot 1, Block 1, Monticello
Business Center 4th Addition, based on findings in Resolution 2013 -004.
2. Motion to deny Resolution 2013 -006, recommending approval of Conditional Use
Permits for Cross Parking and Access for Lot 1, Block 1, Monticello Business
Center 4th Addition, based on findings to be made by the Planning Commission.
3. Motion of other.
STAFF RECOMMENDATION
Subject to the conditions listed in Exhibit Z, staff recommends approval of the
Conditional Use Permits as presented, based on findings included in Planning
Commission Resolution 2013 -006. Conditions 1 -6 on Exhibit Z relate specifically to this
application. The balance are standard conditions assigned in site plan review.
On January 29th, staff had the opportunity to review the staff report findings with the
applicant. The applicant has indicated their preliminary intent to comply with the
conditions noted in Exhibit Z, subject to design constraints which may occur in
relationship to the adjacent property owner.
Planning Commission Agenda — 02/05/13
SUPPORTING DATA
A. Resolution 2013 -006
B. Aerial Image
C. Applicant Narrative
D. Site Plan Documents, including:
Site Plan
Alta Survey
Grading Plan
Erosion Control Plan
Utility Plan
Landscape Plan
Detail Sheets
Color Elevations
Z. Exhibit Z - Conditions of Approval
Planning Commission Agenda — 02/05/13
Exhibit Z — Conditions of Approval
Lot 1, Block 1, Monticello Business Center 4th Addition
Conditional Use Permits — Cross Access and Parking
1. Applicant shall revise site plan to include the following modifications:
a. Reconfigure curb line on east side of property line, eliminating "dead -end"
access. Final design shall provide for adequate drainage from Walmart's parking
lot to catch basin in northeast corner of site.
b. Provide sidewalk connection from development site to Cedar Street, including
ADA compliant curb ramp.
c. Provide ADA compliant ramp at front entrance area.
d. Widen sidewalk at front of building to 8'.
e. Front sidewalk shall be per "Sidewalk Curb South Detail "; eliminate parking
bumpers.
£ Eliminate two parking stalls in westernmost parking magazine to provide for
required 6' perimeter vehicular buffer.
2. Applicant shall revise landscaping plan to accommodate the following:
a. Additional green space at rear of building.
b. Specify proposed ground cover for all landscaped areas.
c. Increase number of shrub plantings and overstory trees to meet code
requirements.
3. Aggregate tracking pads must comply with City standard plate 95015.
4. Concrete flume design will result in erosion issues. Downstream energy dissipation
measures must be employed.
5. The applicant shall provide a recorded cross - easement agreement between Lot 1, Block 1,
Monticello Business Center 3rd Addition and Lot 1, Block 1, Monticello Business Center
4th Addition.
6. Parking area encroachment into drainage and utility easements requires execution of an
encroachment agreement.
7. Applicant shall provide a photometric plan for building lighting with building permit
application.
8. Final signage package subject to submission and approval of a separate sign permit.
9. Required drainage and utility easements shall be per the recommendation of the City
Engineer.
10. Contractor must contact Public Works at 763 - 295 -3170 to obtain utility excavation
permits prior to connecting to public utilities.
11. Contractor must contact City Hall at 763 - 295 -2711 to obtain a right -of -way permit prior
to working in City -owned right -of -ways.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
PC RESOLUTION NO. 2013-006
Date: February 5th, 2012 Resolution No. 2013-006
Motion By: Seconded By:
A RESOLUTION RECOMMENDING APPROVAL OF CONDITIONAL USE PERMITS
FOR CROSS PARKING AND ACCESS FOR A RETAIL USE IN THE B-4 DISTRICT
WHEREAS, Monticello Development Group, applicant, in conjunction with Walmart Real
Estate Business Trust, property owner, has requested Conditional Use Permits for cross parking
and access for a retail use for the property legally described as Lot 1, Block 1, Monticello
Business Center e Addition; and
WHEREAS, the subject property is zoned `B-4", Regional Business; and
WHEREAS, the City requires a Conditional Use Permit for cross access and cross parking; and
WHEREAS, such cross access and cross parking shall be reviewed per the criteria outlined by
the requirements of the Zoning Ordinance for consideration of Conditional Use Permits; and
WHEREAS, the Planning Commission has reviewed the application for Conditional Use Permit
pursuant to the regulations of the Monticello Zoning Ordinance; and
WHEREAS, the Planning Commission held a public hearing on February 5th, 2013 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following Findings
of Fact in relation to the recommendation of approval:
1. The application is consistent with the 2008 Monticello Comprehensive Plan for Places to
Shop.
2. The retail use will be compatible with other uses in the area.
3. The retail use will meet both the intent and the specific standards of the zoning ordinance.
4. The use is compatible with the surrounding uses and is not expected to be detrimental to
the health, safety, morals or welfare of persons residing near the use.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota:
1. Pursuant to Minn. Stat. §462.357, the application for Conditional Use Permits Cross
Parking and Cross Access are hereby recommended to the City Council for approval.
2. The recommendation for approval is subject to those Conditions as follows:
a) Applicant shall revise site plan to include the following modifications:
• Reconfigure curb line on east side of property line, eliminating "dead-end"
access. Final design shall provide for adequate drainage from Walmart's
parking lot to catch basin in northeast corner of site.
• Provide sidewalk connection from development site to Cedar Street, including
ADA compliant curb ramp.
• Provide ADA compliant ramp at front entrance area.
• Widen sidewalk at front of building to 8'.
• Front sidewalk shall be per "Sidewalk Curb South Detail"; eliminate parking
bumpers.
• Eliminate two parking stalls in westernmost parking magazine to provide for
required 6' perimeter vehicular buffer.
b) Applicant shall revise landscaping plan to accommodate the following:
• Additional green space at rear of building.
• Specify proposed ground cover for all landscaped areas.
• Increase number of shrub plantings and overstory trees to meet code
requirements.
c) Aggregate tracking pads must comply with City standard plate #5015.
d) Concrete flume design will result in erosion issues. Downstream energy dissipation
measures must be employed.
e) The applicant shall provide a recorded cross -easement agreement between Lot 1,
Block 1, Monticello Business Center 3rd Addition and Lot 1, Block 1, Monticello
Business Center 4th Addition.
f) Parking area encroachment into drainage and utility easements requires execution of
an encroachment agreement.
g) Applicant shall provide a photometric plan for building lighting with building permit
application.
h) Final signage package subject to submission and approval of a separate sign permit.
i) Required drainage and utility easements shall be per the recommendation of the City
Engineer.
j) Contractor must contact Public Works at 763-295-3170 to obtain utility excavation
permits prior to connecting to public utilities.
k) Contractor must contact City Hall at 763-295-2711 to obtain a right-of-way permit
prior to working in City -owned right-of-ways.
ADOPTED this 5th day of February 2013, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
William Spartz, Chair
ATTEST:
Angela Schumann, Community Development Director
Project Narrative
The proposed project (the "Project ") is the development of an 8,000 SF retail building on
the approximately 0.76 acre outlot located at the southeast corner of Cedar Street and
School Boulevard in the City of Monticello. The site sits adjacent to northernmost Cedar
Street entrance to Walmart. The Project will be leased to and occupied by Dollar Tree
Stores, Inc. for the operation of a single price point variety store consistent with Dollar
Tree's other retail locations in Minnesota and across North America. It is anticipated that
the Project will require 4 -6 full time equivalent employees.
The exterior walls of the Project will be a combination of painted split face block and
painted masonry as depicted on the enclosed plans and color renderings. It is anticipated
that Dollar Tree will install building signage on at least two side of the Project.
It is contemplated that the Project shall have access to both School Boulevard and Cedar
Street via a permanent easement from Walmart. The easement will be recorded at
closing, which is anticipated to occur sometime in March of 2013.
The Project will include 34 parking stalls on site. Developer has also secured the right to
use 6 additional parking stalls in the Walmart parking lot via a permanent easement to be
recorded at closing, thereby achieving an overall parking ratio of 1 stall for every 200
square feet of building area.
Developer desires to close on the land in early March of 2013 and begin construction
immediately thereafter. It is anticipated that construction will be completed on or before
August 1 so that the store can be open on or before October 1, 2013.
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Planning Commission Agenda- 02/05/13
8. Public Hearing — Consideration to recommend for the adoption the 2013 City of
Monticello Official Zoning Map. (AS)
A. BACKGROUND
The Planning Commission is asked to review the proposed 2013 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 includes all 2012 rezoning actions, including:
• Ordinance 9544 — Map Amendment for Rezoning from R -1 to I -1 for Lots 3,
6 and 13, Auditor's Subdivision 91 (corrective map action on Bondhus Tool
property)
• Ordinance 9553 — Map Amendment for Rezoning from I -1 to B -2 for Lot 1,
Block 1, Oakwood Industrial Park (Quarry Church site)
• Ordinance #563 — Map Amendment for Mississippi Wild Scenic &
Recreational and Shoreland Overlay Districts
B. ALTERNATIVE ACTIONS
Motion to recommend adoption of the 2013 City of Monticello Official Zoning
Map.
2. Motion to recommend tabling of action on the 2013 City of Monticello Official
Zoning Map for further study.
3. 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 all
available records.
D. SUPPORTING DATA
Exhibit A: Resolution 2013 -007
Exhibit B: Proposed 2013 City of Monticello Zoning Map
Exhibit C: Ordinances of Map Amendment
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-007
RECOMMENDING THE ADOPTION OF THE OFFICIAL ZONING MAP FOR
THE CITY OF MONTICELLO
WHEREAS, the City adopted a Comprehensive Plan in 2008, and;
WHEREAS, the 2008 Monticello Comprehensive Plan states that a priority should be
given to the review and updating of zoning regulations, and that the vision and objectives
of the Comprehensive Plan will not be achieved unless zoning regulations are aligned
with the Plan, and;
WHEREAS, the Planning Commission believes the Official Zoning Map as proposed
balances the interests of the residential, commercial, industrial and public segments
of land use.
WHEREAS, the Planning Commission has held a public hearing on February 5th, 2013 for
the purpose of public review and comment on the Official Zoning Map, and
WHEREAS, the Planning Commission believes that the Official Zoning Map attached
hereto and incorporated herein is an accurate representation of the land use described
by Title 10 Monticello Zoning Ordinance,
NOW THEREFORE, BE IT RESOLVED that the Planning Commission for the City of
Monticello recommends adoption of the Official Zoning Map for the City of
Monticello.
ADOPTED BYthe Planning Commission for the City of Monticello, Minnesota on this 5th
day of February, 2013.
Lo
William Spartz, Chair
ATTEST:
Angela Schumann, Community Development Director
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ORDINANCE NO. 544
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE REZONING PART OF LOTS 3 & 6 AND PART OF LOT 13,
AUDITOR'S SUBDIVISION NO. 1 FROM
R -1 (SINGLE - FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL)
PARCEL NOS. 155- 011 - 000031 AND 155 - 011 - 000130
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. The following lots are hereby amended to rezone from R -1 (Single- Family
Residential) to I -1 (Light Industrial);
Part of Lots 3 and 6, Auditor's Subdivision No. 1 (155 -011- 000031)
Part of Lot 13, Auditor's Subdivision No. 1 (155- 011 - 000130)
Section 2. The Official Zoning map under Title 10, Section 3.1 of the Zoning Ordinance
shall be amended accordingly by adoption of Ordinance #548 to be approved
by the Monticello City Council on February 27, 2012.
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 Ordinance are available online and
at Monticello City Hall upon request.
ADOPTED AND APPROVED FOR PUBLICATION BY the Monticello City Council this 27"
day of February, 2012.
ATTEST:
City Administrator
CITY OF MONTICELLO
Clint Herbst, Mayor
VOTING IN FAVOR: C1erbSL� �/•�a��,
VOTING IN OPPOSITION: Nor] �-
der-ra tt,l- , f 9os( s °la-, 54. -p
ORDINANCE NO. 553
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE REZONING FROM I -2 (HEAVY INDUSTRIAL) TO B -2 (LIMITED
BUSINESS) FOR A PORTION OF LOT 1, BLOCK 2, OAKWOOD INDUSTRIAL PARK
.THE CITY COUNCIL OF THE CITY OF MONTICELL0 HEREBY ORDAINS:
Section 1. The following lot is hereby amended to rezone from I -2 (heavy industrial) to
B -2 (limited business):
A portion of Lot 1, Block 2, Oakwood Industrial Park, legally described as
follows:
Lot 1, Block 2, Oakwood Industrial Park, according to plat on file
and of record in the Office of the Register of Deeds, in and for the
County of Wright, State of Minnesota, except that part thereof
which lies East of a line drawn 3.31.5 feet West of and parallel to
the. East line of said lot as measured at right angles thereto, subject
to easements, roadways and conditions of record.
Caption amended May 27, 1983 at S A.M, to exclude the South
100 feet of the above described tract.
Section 2. The Official Zoning map under Tide 10, Section 3.1 of the Zoning Ordinance
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 Ordinance are available online and
at Monticello City Hall.
ADOPTED AND APPROVED FOR PUBLICA TION B Y the Monticello City Council this 12th
day of March, 2012.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jef ' ity Administrator
VOTING IN FAVOR: Herbst, Hilgart, Perrault, Stumpf
VOTING IN OPPOSITION: Posusta
ORDINANCE NO. 563
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 — MONTICELLO ZONING
ORDINANCE OF THE MONTICELLO CITY CODE SECTION 3.7 - ZONING
REGULATIONS FOR THE SHORELAND DISTRICT AND THE WILD AND
SCENIC RECREATIONAL RIVER DISTRICT
THE CITY CO UNCIL OF THE CITY OF MONTICELLO HEREB Y ORDAINS.
Section 1. Section 3.7(E) —Wild and Scenic Recreational River District, Title 10 -
Zoning Ordinance is hereby amended as follows:
3.7(E) (4) Substandard Lots
(c)
.,ts . plied with to the greatest e. +e„+ r etle ,1, All
sewage -disposal and sewage setback requirements of the
shoreland overlay district are met.
(e) If in a group of two or more contiguous lots under a single
ownership, any individual lot does not meet the lot width
requirements of the local regulation, such individual lot cannot be
considered as a separate parcel of land for purposes of sale or
development, but must be combined with adjacent lots under the
same ownership so that the combination of lots will equal one or
more parcels of land, each meeting the lot width requirements. of
+L.e local regulation, ref e gfe4est o et4 p i cei or .
3.7(E) (6) Allowable Uses
The allowable uses in the WSRR overlay district shall be as allowed in
Chapter 5 for the underlying zoning classification provided the uses are in
conformance with the criteria for Urban River Class Standards in Minn.
Rules 6120.3000, 6120.3100 and 6120.3200, and with the criteria for
Recreational Rivers in 6105.0100 subpart 3.
33(E) (7) Conditional Uses
(b) Any structure(s) associated with a conditional use which is proposed
to be located upon steep slopes greater than 12 percent shall adhere
to the following conditions:
(i) The structure, in a manner judged acceptable by the city,
shall be screened from view of the river and adjacent
Page I of 8
ORDINANCE NO. 563
shorelands ' udged areeptable by the eity as much
as possible assuming summer, leaf -on conditions.
(ii) An adequate conforming sanitary sewer and water system can
be established on the site.
(iii)
All provisions of Section
4. 10 Grading, Drainage and Erosion Control are adhered to
as part'�oft�he conditional permit.
(iv) ifs` ppliea y le, yogetatiy@ and/or .oiei r oa ing p;v""" e
obtained for- the proposed us@ in aeserdan@a �Mth-Gity
or-dinaneos
3.7(E) (9) Building Height
(b) The maximum height of accessory structures shall not exceed 25 15
feet.
3.7(E) (10) Additional Structure and Use Standards
(b) Maximum density
The maximum density in the WSRR overlay district shall not exceed
one dwelling unit per lot v : +1, +r,�v� tie of approved acoesseff
dwelling Unit
3.7(E) (23) Notice to the DNR of Proposed Actions within the Wild and Scenic
Recreational River District
(a) Notification of Proposals
(ii) Notifications for ordinance changes and PUDs shall consist of
a copy of the proposed ordinance amendment(s), a copy of the
proposed PUD, and all other application materials as may be
needed by the Commissioner of the Department of Natural
Resources or the Commissioner's designated representative to
fully understand the proposal.
Section 2. Section 3.7(F) — Shoreland District, Title 10 - Zoning Ordinance is hereby
amended as follows:
3.7(F) (2) General Provisions
(d) Interpretation
In their interpretation and application, the provisions of this
overlay district shall be held to be minimum requirements and shall
be liberally rend construed in favor of the City and shall not
Page 2 of 8
ORDINANCE NO. 563
be deemed a limitation or repeal of any other powers granted by
State Statutes.
3.7(F) (3) Administration
(d) Conditional Uses
(i) Evaluation Criteria
2. The visibility of structures and other facilities as viewed
from public waters is limited assuming summer, leaf -on
conditions;
3.7(F) (4) Shoreland Classification System and Land Use Districts
(a) Shoreland Classification System
(ii) Lakes
1. Natural Environment Lakes
a. Mud Lake (DNR ID: 86 -68 P)
Upunamed Wet4a-nd (DNR !D: 96 75-W)
2. Recreational Development Lakes — RESERVED
3. General Development Lakes
Umiamed Wetland (DNR !D.! 86 393 W)
a. Pelican Lake (DNR ID: 86 -31 P)
Unnamed Vilefl a (T)NR rn. 86 67-W)
b. Long Lake (DNR ID: 86 -69 P)
Holkers Sleugh (DNR 1D: 86 76 W)
Unnamed Wetland (DNR !Dt 86 77-W)
c. Slough Lake (DNR ID: 86 -78 P)
Unnamed We*, NR !D: ,B6 24�
Ufmamed Wetland (DNR 19! 86 498 W)
3.7(F) (5) Shoreland Development Standards
(b) Lot Standards
Tables 3 -23, 3 -24, and 3 -25 list the lot standards for lands within
the shoreland district.
(i) Structure setbacks shall be measured from the Ordinary
High Water L mark (OHW) or the highest
known water level;
(ii) Lot widths shall be met at both the 014WL OHW and at the
required structural setback from the 0143AIL OHW.
(iii) Lot area shall be calculated based on land area above the
014W-L- OHW.
Table 3 -23 and Table 3 -24:
Section (C) Setbacks - Change references from OHW-L to OHW
(e) Height of Structures
Page 3 of 8
ORDINANCE NO. 563
(ii) Detached accessory dwellings structures shall not exceed
fifteen (15) feet in height.
3.7(F) (6) Zoning and Water Supply /Sanitary Provisions
(a) Design Criteria for Structures in the Shoreland District
(i) High Water Elevations
Water - oriented accessory structures may have the lowest floor
placed lower than the elevation determined in this item if the
structure is constructed of flood - resistant materials to the
elevation, electrical and mechanical equipment is placed above
the elevation and, if long duration flooding is anticipated, the
structure is built to withstand ice action and wind - driven waves
and debris, or incorporation of flood openings.
(iii) Stairways, Lifts, and Landings
Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs
and steep slopes to shore areas. Stairways and lifts must meet
the following design requirements;
L Stairways and lifts must not exceed four feet in width on
v.ertien and plaff e unit r�rayelonments;
, 11 lyv V L1 V 11111 V 114.],
2. Landings for stairways and lifts on residential must not
exceed 32 square feet in area. T as ings larger- than 3
squafe feet y be anon] . for eemmeroial propei4iec p b.1i
3. Canopies or roofs are not allowed on stairways, lifts, or
landings;
4. Stairways, lifts, and landings ffmy shall be either
constructed above the ground on posts or pilings, or pl-aee
into tho , provided
mantner that ensures eenkel e. soil eresio ri and be designed
and built in a manner that ensures control of soil erosion
in conformance with the requirements of Section 2.4(N);
(iv) Significant Historic Sites
No structure may be placed on a significant historic site in a
manner that of „t.. the . 4aes of the site unless .,, e"a e
.f .,ti.. r,b.etA the site has been removed +-..1 .br.n..++-,or.torl
Page 4 of 8
ORDINANCE NO. 563
in is- repesitery is inconsistent with State Historic
Preservation Offrce regulations.
(b) Shoreland Alterations
(i) Vegetation Alterations
2. Removal or alteration of vegetation, except for agricultural
and forest management uses as regulated in Section
3.7(F)(6)(e)(ii) and 3.7(17)(6)(e) (iii), respectfully, is allowed
subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff
impact zones and on steep slopes is not allowed.
Intensive vegetation clearing for forest land conversion to
another use outside of these areas is allowable as a
conditional use if an erosion control and sedimentation
plan is developed and approved by the soil and water
conservation district in which the property is located.
b. In shore and bluff impact zones and on steep slopes,
limited clearing of trees and shrubs and cutting, pruning,
and trimming of trees is allowed to provide a view to the
water from the principal dwelling site and to
accommodate the placement of stairways and landings,
picnic areas, access paths, livesteek watering areas-,-beach
and watercraft access areas, and permitted water - oriented
accessory structures or facilities, provided that:
(ii) Topographic Alterations /Grading and Filling
4. The following considerations and conditions must be adhered
to during the issuance of construction permits, grading and
filling permits, conditional use permits, variances and
subdivision approvals:
c. Mulches or similar materials must be used-,where
nesossar ;for temporary bare soil coverage, and a
permanent vegetation cover must be established as soon
as possible;
g. Plans to place fill or excavated material on steep slopes
must be reviewed by a qualified professionals Engineer
for continued slope stability and must not create finished
slopes of 30 percent or greater;
(c) Placement and Design of Roads, Driveways, and Parking Areas
(i) Public and private roads and parking areas must be designed to
take advantage of natural vegetation and topography to achieve
maximum screening from view from public waters.
Documentation must be provided by a qualified indi:vidu
Engineer that all roads and parking areas are designed and
Page 5 of 8
ORDINANCE NO. 563
constructed to minimize and control erosion to public waters
consistent with the field office technical guides of the local soil
and water conservation district, or other applicable technical.
materials.
(d) Stormwater Management
The following general and specific standards shall apply:
(i) General Standards
1. When possible, existing natural drainage ways, wetlands, and
vegetated soil surfaces must be used to convey, store, filter,
and retain stormwater runoff before discharge to public
waters.
2. Development must be planned and conducted in a manner
that will minimize the extent of disturbed areas, runoff
velocities, erosion potential, and reduce and delay runoff
volumes. Disturbed areas must be stabilized and protected as
soon as possible and facilities or methods used to retain
sediment on the site.
3. Stormwater shall not be directed to wetlands without
sufficient pre - treatment as approved by the City.
4. When development density, topographic features, and soil
and vegetation conditions are not sufficient to adequately
handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as
diversions, settling basins, skimming devices, dikes,
waterways, and ponds may be used. Preference must be given
to designs using surface drainage, vegetation, and infiltration
rather than buried pipes and man-made materials and
facilities.
(ii) Specific Standards
1. Impervious surface coverage of lots must not exceed 25
percent of the lot area.
2. When constructed facilities are used for stormwater
management, documentation must be provided by a qualified
individual Engineer that they are designed and installed
consistent with the field office technical guide of the local
soil and water conservation districts.
(e) Special Provisions for Commercial, Industrial, Public /Semipublic,
Agricultural, Forestry and Extractive Uses, and Mining of Metallic
Minerals and Peat
(ii) Agriculture Use Standards
1. General cultivation farming, grazing, nurseries, horticulture,
truck farming, sod farming, and wild crop harvesting are
permitted uses if steep slopes and shore and bluff impact
Page 6 of 8
ORDINANCE NO. 563
zones are maintained in permanent vegetation or operated
under an approved conservation plan (Resource Management
Systems) consistent with the field office technical guides of
the local soil and water conservation districts or the United
States Soil Conservation Service as provided b=ra lifie
The shore impact zone for parcels with
permitted agricultural land uses is equal to a line parallel to
and 50 feet from the ordinary high water level.
3.7(F) (8) Special Provisions for Subdivision and Platting in Shoreland Districts
(c) Information requirements.
Sufficient information must be submitted by the applicant for the
community to make a determination of land suitability, The
information shall include at least the following:
(i) Topographic contours at ten -foot intervals or less from United
States Geological Survey maps or more accurate sources,
showing Iimiting site characteristics;
(ii) The surface water features required in Minnesota Statutes,
section 505.02, subdivision 1, to be shown on plats, obtained
from United States Geological Survey quadrangle topographic
maps or more accurate sources;
(iii) Adequate soils information t" determine r. 4ab lily r "r 1,uikl ng
and on site sewage treatment eapabilities for- every lot ftem the
.,l beri g .,efeelatio,, forts or other m ethod from field
investigations such as soil borings, percolation tests, or other
methods to determine suitability for building and on -site
sewage treatment capabilities for every lot;
Section 3. Section 8.4 — Definitions, Title 10 - Zoning Ordinance is hereby added or
amended as follows:
STEEP SLOPE: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of the ordinance. Where specific
information is not available, steep slopes are lands having average slopes over 12
percent, as measured over horizontal distances of 50 feet or more, which are not bluffs.
WETLAND:
(C) Wetlands do rte# include public waters wetlands and publie WeAers unless
reclassified as wedands shoreland by the Commissioner of the Department of
Natural Resources under Minnesota Statutes, section 103G.201.
Page 7 of 8
ORDINANCE NO. 563
Section 4. This Ordinance shall take effect and be in full force from and after its passage
and publication. Revisions will be made online after adoption by Council.
Copies of the complete Zoning Ordinance are available online and at
Monticello City Hall.
ADOPTED BY the Monticello City Council this 10th day of September, 2012.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff eill, City Administrator
VOTING IN FAVOR: HERBST, HILGART, PERRAULT, POSUSTA
VOTING IN OPPOSITION: NONE
ABSENT: STUMPF
Page 8 of 8
Planning Commission Agenda: 02/05/13
9. Communitv Development Director Report. (AS)
Cornerstone
Cornerstone has closed on the former Ford dealership site and has submitted an application
for building permit for their building improvements.
R -3/R -4
The City Council unanimously adopted the proposed amendments for the R -3 and R -4
Districts on Monday, January 28th. The amendments will be published and become effective
in February.
Economic Development Chapter — Comp Plan
Staff met with HKGi to review the preliminary data gathered for updating Chapter 2 of the
Comprehensive Plan. HKGI has used a variety of resources to update the chapter's
information on population, age, income, employment, etc. They have also developed a
strategy for incorporation of relevant data from the Business Retention & Expansion study
and McCombs downtown market study.
HKGi will present the data and discuss its relationship to the Economic Development Chapter
with the small group of EDA, IEDC and Planning Commission members in February. A
packet of materials, including the draft revision of Chapter 2 and current Chapter 4 with
discussion points, will be sent next week.
Planning Commission's representatives to that committee are Bill Spartz and Charlotte
Gabler.
The date for the meeting has been set for Thursday, February 14th. Staff is looking for a
recommended meeting time.
Embracing Downtown & reStoreing Downtown
Relocation of tenants continues to progress on Block 34. Three tenants remain in the building
and staff and the City's relocation expert, Wilson Development Services, continue to work
toward their relocation.
The City has learned that the State of Minnesota will contribute $450,000 to the CSAH 75 /TH
25 intersection improvements. This funding would be required to be utilized on or before
FY2015. Wright County has also indicated that they would be willing to contribute an
amount of funding equal to the cost of a street overlay for CSAH 75 in the project area.
In addition, the City will find out in February whether it was successful in its third attempt at
federal grant funding for the project. The need to complete improvements at the intersection
Planning Commission Agenda: 02/05/13
will impact how quickly the Montgomery Farms buildings are demolished. This in turn,
impacts the tools and resources available for private redevelopment projects.
The EDA will be holding a 2013 -2014 workplan session in February and the redevelopment
of Block 34 and timing of intersection improvements will be a priority topic for discussion.
The reSTOREing downtown effort continue to push forward. The group launched its website
in January. Planning Commission can follow the group's efforts at
www.reSTOREinizdtmonticello. oro
Economic Development Position
The City Council and EDA met in a joint workshop on January 28th to discuss the next steps
in hiring for an economic development position for the City. The City Administrator has
proposed re- focusing the position towards external sales and marketing for the City. The
intent would be to put a strong emphasis on lead development and prospecting outside the
community with the intent of attracting business and jobs to the community. The EDA and
Council indicated some support for the idea, but requested that staff prepare and bring back
for review the following information:
1. Job description - other cities or entities with similar positions
2. Impact on budget - pay range, potential expenses, etc.
J Performance measures - how to determine success? What combination of factors?
Under this plan, the City Administrator, Community Development Director and Finance
Director would continue to support the internal economic development functions of the City.
Transportation Updates
The City is completing the feasibility report for the completion of 7th Street West from
Minnesota to Elm Street. The project is tentatively scheduled for summer 2013, pending
Council approvals and agreements with adjacent property owners.
MnDOT will be completing an expansion of TH25 top four lanes south of Kjellberg's Mobile
Home Park in 2014. The expansion will include a reconfiguration of access points along the
highway from Kjellberg's to Cty. 106. In addition, MnDOT will be signalizing the TH25 and
106 intersection with the project.
In 2014, MnDOT will also be working on I -94 to complete an additional lane between CSAH
18 and TH 25 exits to accommodate exiting and entering interstate traffic between the two
interchanges, as well as an acceleration land onto eastbound i -94 from the TH 25 ramp.
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